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Agenda 09-06-05 The City of B"'" t' B"'" h :" "Ji_, \.. ;t fi"-~"- ";, ,- ,,<if ,,' ,.:-:-:..... {w··.·-··.~. y .t' ,.........,.. '. ....f'········ ': .-i"·'·-· .i ./} ". '{ i~;oyn'~on L~eac! J 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA September 6, 2005 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Vice Mayor District II Mike Ferguson Commissioner District III Carl McKoy Commissioner District IV DISTRI T I Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA September 6, 2005 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Vice Mayor Mack McCray C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson 1. First Budget Public Hearing for Fiscal Year 2005/06 Budget 2. Proposed Resolution No. ROS-120 Re: Adopting the Proposed Millage Rate for Fiscal Year Millage Rate for fiscal year 2005/06 3. Proposed Resolution No. ROS-138 Re: Adopting the Tentative Budget for fiscal year 2005/06 D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. An nou ncements: 1. Introduction of Sharyn Goebelt, Director of Human Resources 2. Introduction of Bobby Jenkins, Assistant Director of Finance 1 Agenda Regular Commission Meeting Boynton Beach, FL September 6, 2005 B. Community and Special Events: 1. C. Presentations: 1. Proclamations: a. 60th Anniversary of VJ Day, the End of World War II. b. 110th Anniversary of the Greater St. Paul African Methodist Episcopal Church - September 11, 2005. 2. Update on Honors College and a description of programs available to the general public - by Dr. Nancy Poulson, Interim Dean at Wilkes Honors College at FAU's MacArthur Campus in Jupiter. 3. Presentation by the Sister Cities Committee. 4. Presentation of the book, Images of America Boynton Beach. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Accept the resignation of Ralph Diaz, a Regular member of the Recreation and Parks Board. B. Accept the resignation of Larry Siegel, a Regular member of the Advisory Board on Children and Youth. C. Accept the resignation of Linda Sage, an Alternate member of the Arts Commission. D. Accept the resignation of Jose Rodriguez, a Regular member of the Planning and Development Board. 2 Agenda Regular Commission Meeting Boynton Beach, FL September 6, 2005 E. Appointments to be made: Appointment Length of Term To Be Made Board EXDiration Date III Ferguson Adv. Bd. On Children & Youth Aft 1 yr term to 4/06(3) IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(3) II McCray Cemetery Board Alt 1 yr term to 4/06(3) III Ferguson Code Compliance Board Alt 1 yr term to 4/06(3) IV McKoy Code Compliance Board Reg 3 yr term to 4/07(2) II McCray Education Advisory Board Alt 1 yr term to 4/06(3) IV McKoy Education Advisory Board Alt 1 yr term to 4/06(3) Mayor Taylor Education Advisory Board Stu 1 yr term to 4/06(2) III Ferguson Library Board Aft 1 yr term to 4/06(3) IV McKoy Library Board Aft 1 yr term to 4/06(3) II Ensler Employees' Pension Board Reg 3 yr term to 4/08(3) 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: 1. Agenda Preview Meeting - August 12, 2005 2. Regular City Commission Meeting - August 16, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award the RFP for "REAL ESTATE ADMINISTRATOR" RFP #020-1210- 05/0D to EARTH TEC CONSULTING, INC. of Miami, Florida to be hired on an "As Needed Basis" by task order. (Proposed Resolution No. R05-139) C. Resolutions: 1. (Intentionally Left Blank) 3 Agenda Regular Commission Meeting Boynton Beach, FL September 6, 2005 2. Proposed Resolution No. R05-140 RE: Authorizing approval of Library State Aid Grant Application. 3. Proposed Resolution No. R05-141 RE: Approving and authorizing execution of Task Order No. U-04-18-2 with Stanley Consultants for furnishing services associated with the development of the Utilities system base map. The Task Order fee will have a not-to- exceed upper limit of $96,637. 4. (Intentionally Left Blank) 5. Proposed Resolution No. R05-142 RE: Approving the purchase of property owned by Eddie and Thelma Durham, located at 234 N.W. 10th Avenue for the appraised value of $75,000. 6. Proposed Resolution No. R05-143 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Black Diamond Investments LLC for the property at 1141 Alto Road, Lake Worth, FL. (Ridge Grove ADD No 1 LT 324) 7. Proposed Resolution No. R05-144 RE: Approving the purchase of property owned by Anthony Allen, located at 144 NW 11th Avenue for the appraised price of $140,000. 8. Proposed Resolution No. R05-145 RE: Approving the City of Boynton Beach's 2005 Hurricane Housing Assistance Plan as prepared for submission to the Florida Housing Finance Corporation. D. Ratification of Planning and Development Board Action None E. Ratification of CRA Action: 1. CHOW HUT (MSPM 05-007) Request for Major site plan modification to construct a 1,718 square foot addition to an existing 702 square foot building for a 2,420 square foot restaurant on an 8,060 square foot parcel zoned Neighborhood Commercial (C-2). F. Authorize the use of Community Investment Funds from Commissioner Ferguson in the amounts as follows: a) $3,800 for the YMCA Partners with Youth Program and; b) $2,500 for the Community Caring Center. 4 Agenda Regular Commission Meeting Boynton Beach, FL September 6, 2005 G. Approve $5,000 donation to the Boynton Beach Faith Based CDC from the State Law Enforcement Trust Fund. H. Authorize the use of Community Investment Funds from Commissioner Ensler in the amount of $500 for the HeadStart program. 1. Approving the updated Library Long Range Plan for 2005-2008. J. Authorize the use of Community Investment Funds from Commissioner McKoy in the amount of $500 to the Service Corps of Retired Executives, known as SCORE. K. Authorize the use of Community Investment Funds from Commissioner McKoy in the amount of $2,000 for the Boynton Beach All Star Cheerleading Squad. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: A. Approve settlement from court ordered mediation in the amount of $22,000 in the case of Linda & Keith Halstead vs. City of Boynton Beach. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission A. PROJECT: Uptown Lofts @ Boynton Place (ABAN 05-003) (Gulfstream Lumber) AGENT: James Vitter, Kimley-Horn Associates, Inc. OWNER: Gulfstream Lumber LOCATION: Northwest Corner of Woolbright Road and Federal Highway DESCRIPTION: Request for abandonment of a portion of a 50-foot right- of-way (SE 3rd Street of FKA Alden Street) (1st reading of Proposed Ordinance No. 05-049 ) 1. Uptown Lofts @ Boynton Place (NWSP 05-021) Request site plan approval to construct a mixed-use development consisting of 43,361 square feet of retail, 474 multi-family dwelling units, and 20 townhouse units, on a 14.58-acre parcel in the Mixed Use-Low zoning districts. (Gulfstream Lumber) B. PROJECT: Arches (LUAR 05-008) AGENT: Bonnie Miskel,Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: SE corner of intersection of Ocean Ave and SE 4th St. 5 Agenda Regular Commission Meeting Boynton Beach, FL September 6, 2005 DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C) (1st Reading of ProPOsed Ordinance No. 05-050) Request to rezone 0.58-acre of property from Central Business District (CBD) to Mixed Use-High Intensity(MU-H) (1st Reading of Proposed Ordinance No. 05-051) Proposed Use: Addition to an approved mixed use development proposed to include a total of 378 dwelling units and 38,599 sq. ft of commercial space. C. PROJECT: Arches (Street) (ABAN 05-004) AGENT: Bonnie Miskel,Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: SE corner of intersection of Ocean Ave. and SE 4th St. DESCRIPTION: Request for abandonment of a forty (40) foot wide right- of-way known as Southeast 1st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. (1st Reading of Proposed Ordinance No. 05-052) D. PROJECT: Arches (Alley) (ABAN 05-005) AGENT: Bonnie Miskel,Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: SE corner of intersection of Ocean Ave. and SE 4th St. DESCRIPTION: Request for abandonment of a portion of an alley (Southeast 1st Place), located immediately east of SE 4th Street, in connection with the proposed Arches development. (1st Reading of Proposed Ordinance No. 05-053) E. PROJECT: Arches (Sidewalk) (ABAN 05-006) AGENT: Bonnie Miskel,Esq., Kim Glas-Castro, AICP Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: SW corner of Ocean Avenue and Federal Highway DESCRIPTION: Request for abandonment of a portion of a portion of rights-of-way that abut the Arches at Boynton Beach along SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. (1st Reading of Proposed Ordinance No. 05-054) IX. CITY MANAGER'S REPORT: None. 6 Agenda Regular Commission Meeting Boynton Beach, FL September 6, 2005 X. FUTURE AGENDA ITEMS: A. Interlocal Agreement between the City and CRA - Boynton Beach Promenade extension. (Proposed Resolution No. R05-091) Tabled to 9/20/05 B. Interlocal Agreement between the City and CRA -- Old High School. (9/20/05) C. Agreement for the Boynton Beach-Heart of Boynton Project - Phase I (10/4/05) D. Interlocal agreement between the City and CRA for land acquisition in the Heart of Boynton Beach. (Tabled to 10/4/05)(proposed Resolution No. R05-119) E. City Manager's Evaluation (October 2005) F. Notification to residential areas of ordinance changes.(9/20/05) G. List of State Funding Requests (9/20/05) H. Ordinance allowing non residents on Advisory Boards. (10/18/05) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-047 RE: Approving the establishment of a Veteran's Advisory Commission. 2. Proposed Ordinance No. 05-048 RE: Amending Ordinance 098-06 by amending Chapter IV, "Benefits", subsection 07 Entitled "Family and Medical Leave Act" of the Personnel Policy Manual. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-055 RE: Approving Solid Waste Ordinance Revision - Chapter 10 - Garbage, Trash and Offensive Conditions, Sec. 10-30, rates and charges for City service, repealing the rate of $13.15 per month for non-automated single family garbage collection. 7 Agenda Regular Commission Meeting Boynton Beach, FL September 6, 2005 C. Resol utions: None D. Other: None. XIII. UNFINISHED BUSINESS: None. XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE cm COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE cm SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILm AN EQUAL OPPORTUNm TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIvm CONDUCTED BY THE cm. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWEN1Y-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIvm IN ORDER FOR THE cm TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 9/2/20053:19 PM S:\CC\WP\CCAGENDA \AGENDAS\ YEAR 2005\090605. DOC 8 II I 1 2 RESOLUTION R05- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA ADOPTING A PROPOSED MILLAGE RATE 6 OF 7.5000 FOR THE CITY'S GENERAL OPERATING 7 FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 8 1, 2005 AND ENDING SEPTEMBER 30, 2006 9 ANNOUNCING THE PERCENT, IF ANY, THE 10 PROPOSED MILLAGE RATE EXCEED THE ROLLED- 11 BACK RATE; ANNOUNCING THE DATE TIME AND 12 PLACE OF THE SECOND AND FINAL PUBLIC 13 HEARING ON THE BUDGET AND MILLA.GE RATE; 14 PROVIDING FOR SEVERABILITY, CONFLICTS AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, a tentative budget has been prepared estimating expenses and revenues 18 of the City of Boynton Beach, Florida, for the ensuing year, with detailed infonnation, 19 including revenues to be derived from sources other than ad valorem levy, and the 20 administrative staff of the City has made recommendations as to the amount necessary to be 21 appropriated for the ensuing year; and 22 WHEREAS, the City Commission has met and considered the recommendations, 23 the suggested tentative budget, and the proposed millage necessary to be levied to carry on 24 the government of the City for the ensuing year; 25 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 26 outlined in Florida Statutes Section 200.065; and 27 WHEREAS, Florida Statutes Section 200.065(5) provides for a ministerial 28 adjustment of the aggregate millage rate after receipt of the final tax roll. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: S:\CA \RESO\Budget\200S-IJ6 Budget\ProposeJ mi1lagt: - Sept 200S.doc II I 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The proposed Millage Rate for the 2005-2006 Fiscal Year shall be 5 7.5000 (for the General Fund), plus 0.1300 for Voted Debt Service for a total Proposed 6 Tentative Millage Levy of 7.6300 for the 2005-2006 Fiscal Year. 7 Section 3. A copy of the tentative budget shall be published in one issue of a 8 newspaper published in Palm Beach County, Florida, and at the same time the public will be 9 notified of a public hearing to be held on the 20th day of September, 2005, at 6:30 P.M. for 10 the purpose of hearing objections or criticisms of the tentatIve budget and millage. This 11 meeting is for the purpose of setting a final tax levy and final budget. 12 Section 4. The proposed millage rate is 14.47% above the computed rolled back 13 rate. 14 Section 5. If any clause, section, or other part of this Resolution shall be held by 15 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 16 invalid part shall be considered as eliminated and shall in no way affect the validity of the 17 other provisions of this Resolution. 18 Section 6. This Resolution shall become effective immediately upon passage. 19 S:\CA'RESO\Budget\2005-D6 Budget\Proposed millage - Sept 2005.doc II I 1 PASSED AND ADOPTED this day of September, 2005. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner J6 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) S:\CA \RESO\Budget\2005-D6 Budget\Proposed millage - Sept 2005.doc " I 1 RESOLUTION R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A 5 TENT A TIVE BUDGET FOR THE FISCAL YEAR 6 BEGINNING OCTOBER 1, 2005, AND ENDING 7 SEPTEMBER 30, 2006; PROVIDING FOR 8 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 9 DATE. 10 1 ] WHEREAS, a tentative budget has been prepared by the City Manager estimating 12 expenditures and revenues of the City for the ensuing year, with detailed information, 13 including revenues to be derived from sources other than ad valorem levy, and he has made 14 recommendations as to the amount necessary to be appropriated for the ensuing year; and 15 WHEREAS, the City Commission has met and considered the recommendations, the ]6 suggested budget, and the proposed millage necessary to be levied to carry on the 17 government of the city for the ensuing year; 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ]9 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the final budget of the City of Boynton Beach, Florida, for the 24 fiscal year beginning October 1, 2005, and ending September 30, 2006, is hereby adopted 25 and the appropriations set out therein are hereby made to maintain and carry on the 26 government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of 27 $62,422,843.00 ($61,033,804.00 in new revenue plus $1,389.039.00 allocated from reserve 28 fund balance) to the General Fund for the payment of operating expenses and necessary 29 capital outlays for the City Government pursuant to the terms of the above budget. 30 Section 3. That there is hereby appropriated the sum of $552,891.00 to the 3] interest and sinking fund for the general debt service for the purpose of paying the interest, C:\Documents and Settings\pylej\Local Settings\Temporary Internet Files\OLKClE\Reso Tent budget - Sept 2005 -.doc , . I 1 principal and reserve due on the general obligation bonds of the City not subject to statutory 2 exemptions and for redeeming such bonds as they mature. 3 Section 4. That there is hereby appropriated the sum of $50,003,265.00 to the 4 Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the 5 above budget. 6 Section 5. That there is hereby appropriated the sum of $7,422,499.00 to the 7 Solid Waste Fund for the payment of operating expenses and necessary capital outlays. 8 Section 6. That there is hereby appropriated the sum of $2,703,842.00 to the 9 Golf Course Revenue Fund for operating expenses and necessary capital outlays. 10 Section 7. That there is hereby appropriated the sum of $5.582,431.00 to the 11 Fleet Maintenance Fund for the payment of operating expenses and necessary capital 12 outlays. 13 Section8. That there is hereby appropriated the sum of $1,556,693.00 to the 14 Local Option Gas Tax Fund for the payment of operating expenses and necessary capital 15 outlays. 16 Section 9. That there is hereby appropriated the sum of $24.532,100.00 to the 17 Water and Sewer Utility Fund for operating expenses and necessary capital outlay. 18 Section 10. That there is hereby appropriated the sum of $4,048,703.00 to the 19 Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and 20 Sewer Revenue Bonds, the sum of $1,800,000.00 for renewal and replacement and 21 amortization of its Revenue Bond discounts, for a total of$30,380,803.00. 22 Section 11. That there is hereby appropriated the sum of $283,179.00 to the 23 Warehouse Fund for the payment of operating expenses and necessary capital outlays. 24 Section 12. That there is hereby appropriated the sum of $316,000.00 to Cemetery 25 Fund for the payment of operating expenses and necessary capital outlays. 26 Section 13. That there is hereby appropriated the sum of $4,025,665.00 to the 27 interest and sinking fund for general debt service for the purpose of paying the interest, 28 principal and reserve due on the public service tax bonds of the City not subject to statutory 29 exemptions and for redeeming such bonds as they mature. C:\Documents and Settings\pylej\Local Settings\Temporary Internet Files\OLKClE\Reso Tent budget - Sept 2005 -.doc 11 I 1 Section 14. That there is hereby appropriated the sum of $2,214,993.00 to the 2 Self-Insurance Fund for the payment of operating expenses. 3 Section 15. That there is hereby appropriated the sum of $263,097.00 to the Mass 4 Transit Fund for the payment of operating expenses and necessary capital outlays. 5 Section 16. That there is hereby appropriated the sum of $691,725.00 to the 6 Recreation Program Revenue Fund for the payment of operating expenses and necessary 7 capital outlays. 8 Section 17. That there is hereby appropriated the sum of $633,627.00 to the 9 Community Improvements Fund for the payment of operating expenses and necessary 10 capital outlays. 11 Section 18. That there is hereby appropriated the sum of $4,359,872.00 to the Fire 12 Assessment Fund for the payment of operating expenses and necessary capital outlays. 13 A copy of the tentative budget summary shall be published in one issue of a newspaper 14 published in Palm Beach County and at the same time the public will be notified of a public 15 hearing to be held on the 20th day of September, 2005, at 6:30 P.M. for the purpose of 16 hearing objections or criticisms of the final budget and millage. This meeting is for the 17 purpose of setting a final tax levy and final budget. 18 Section 19. All delinquent taxes collected during the ensuing fiscal year as 19 proceeds from levies of operation millages of prior years are hereby specifically 20 appropriated for the use of the General Fund. 21 Section 20. If any clause, section or other part of this Resolution shall be held by 22 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 23 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 24 remaining portions of this Resolution. 25 Section 21. All Resolutions or parts of Resolutions in conflict herewith are hereby 26 repealed to the extent of such conflict. 27 Section 22. This Resolution shall become effective immediately upon passage. C:\Documents and Settings\pylej\Local Settings\Temporary Internet Files\OLKC1E\Reso Tent budget - Sept 2005 -.doc II I 1 2 PASSED AND ADOPTED this _ day of September, 2005. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) 25 26 C:\Documents and Settings\pylej\Local Settings\Temporary Internet Files\OLKC1E\Reso Tent budget - Sept 2005 -.doc t . :I~. '/ . . J The City of Boynton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: city. manager@:;i.boynton-beach·fl·us www.ci.boynton-beach.fl·us To: City Commission V From: Kurt Bressner, City Manager ~ Date: July 3, 2005 Subject: Presentation of City Operating Budget for Fiscal 2005-6 and Financial Operating Plan for Fiscal 2006-2010 I am pleased to transmit the prpposed Operating Budget for Fiscal 2005-06 and a Financial Operating Plan for Fiscal 2006-2010. Exclusive of construction proj ects, the total proposed operating budget of the City for 2005-06 is increased by 7.2% over the current fiscal year budget. Given payroll and benefit obligations in the range of 8% (larger due to pension cost increases), supply cost increases averaging 4 % and contract services price increases averaging 5%, this is a moderate budget. As discussed in each fund budget below, the proposed budget also includes the addition of a total of26 positions. The total change was the addition of31 positions and the reduction of 5 positions for a net gain of 26 new employees. The budget calls for the following positions to be added to the budget: Assistant to City Manager 1 Police Officers 10 Firefighters/Medics 12 Assistant Fire Marshall 1 (Fire inspection services) Chief Field Inspector 1 (Building Department) Building Inspector 1 (Building Department) Plan Review Analyst 1 (Building Department) Records Specialist 1 (Building Department) Public Arts Administrator 1 Water Instrument Control Tech 1 Cook -Golf Course Restaurant 1 Total 31 The budget calls for the following positions to be eliminated: Assistant City Manager 1 Public Affairs Coordinator 1 Deputy Director Purchasing 1 Parks Maintenance Worker 1 Restaurant Bar/Server 1 Total 5 The main emphasis on the staff changes is to address expansion needs in Police, Fire and Development activities. The second Assistant City Manager is proposed for deletion from the budget owing to hiring a full-time Utility Director. The addition of the Police and Fire personnel is in accordance with the City Commission priorities. The proposed budget calls for a slight property tax rate decrease from 7.68% to 7.63%, inclusive of debt service. The base property tax rate remains at 7.5%. The proposed budget does not call for water or sewer rate increases. However, a careful review of the City's Solid Waste (Sanitation) Fund is needed in order to keep the fund solvent. The Budget Portion oftrus document is the statutory spending plan that the City Commission must approve following review and revision, as appropriate. The Financial Plan portion of the document is an advisory financial snapshot into the future designed to give the Commission and staff a longer- range perspective and to assist in fiscal and program planning. General Fund Budget The General Fund is the major operations fund of the City including Police, Fire and Public Works functions. Pursuant to Commission policy of retaining 10% of General Fund operating expenditures as a reserve, the budget as presented is balanced. The General Fund, as presented will end this fiscal year with revenues above estimates by approximately $682,000. The estimated expenditures this fiscal year will be $831,459 under the budgeted amounts. The opening balances in the General Fund will remain above the City's financial reserve policy of 10% of operating expenses. This amount currently is projected at $15.9 M. This reflects about a 3-month expenditure reserve. It should be noted that the approved 2004-05 Budget authorized use of 1.6 M of the un-obligated General Fund reserves (this is the amount over and above the 10% set-aside.) With the 2004-05 expenditures close to the budgeted, the amount actually used was $144,940. The following is a cash snapshot of the General Fund: Budget 04-05 Estimate 04-05 Over/Under General Fund Revenues $54,377,442 $55,059,443 $682,001 General Fund Expenses $56,035,842 $55,204,383 $(831,459) Over/Under $(1,658,400) $(144,940) 2 America's Gateway to the Gulfstream The proposed budget "rolls over" the $1.6 M un-obligated reserve for possible use in 2005-06. As in past years, the use of the un-obligated reserve would be a last resort. In Fiscal 2003-04, a total of $1,838.624 of un-obligated reserves was appropriated but nothing was used. In 2002-03, also none ofthe appropriated un-obligated reserves was used. In the past year, the total reserve cash in the General Fund has grown from $13.3 M to $15.9 M. With respect to property tax revenues, the proposed budget assumes that the City Commission would wish to keep the tax rate the same as the past three years or 7.5%. The projected tax rate for 2005- 06, inclusive of debt service is slightly lower at 7.63%. This is down from the current millage of 7.68%, inclusive of debt service. For purposes of calculation, each 1/101h of a mill is about $418,750 in property tax revenue. I am recommending that we keep the base levy at 7.5% plus the required debt service levy of .13% for a total of7.63%. The resolution the City Commission adopts as part of the July budget meetings can call for a reduction of the final property tax rate, if additional revenues are found. In terms of additional revenue, the proposed budget calls for a utility tax on City water bills of 5% based on water sales. State law allows up to a 10% utility tax on water sales for general governmental purposes. Thè total revenue expected from this source is small, about $195,000 because for the first year, there is a six-month notification period. Thereafter, the revenue base would grow to about $403,000 or the equivalent of. 1 mill. Based on water use, the Utility Tax is expected to have the following impact on individual water accounts: Water Utility Tax Projections Based on Water Account Use Per Month Water Water Water Use/Month Cost Utility Tax Use/Month Water Cost Utility Tax 2,000 $4.30 $0.22 26,000 $55.90 $2.80 3,000 $6.45 $0.32 27,000 $58.05 $2.90 4,000 $8.60 $0.43 28,000 $60.20 $3.01 5,000 $10.75 $0.54 29,000 $62.35 $3.12 6,000 $12.90 $0.65 30,000 $64.50 $3.23 7,000 $15.05 $0.75 31,000 $66.65 $3.33 8,000 $17.20 $0.86 32,000 $68.80 $3.44 9,000 $19.35 $0.97 33,000 $70.95 $3.55 10,000 $21.50 $1.08 34,000 $73.10 $3.66 11,000 $23.65 $1.18 35,000 $75.25 $3.76 12,000 $25.80 $1.29 36,000 $77.40 $3.87 13,000 $27.95 $1.40 37,000 $79.55 $3.98 14,000 $30.10 $1.51 38,000 $81.70 $4.09 15,000 $32.25 $1.61 39,000 $83.85 $4.19 16,000 $34.40 $1.72 40,000 $86.00 $4.30 17,000 $36.55 $1.83 41,000 $88.15 $4.41 18,000 $38.70 $1. 94 42,000 $90.30 $4.52 19,000 $40.85 $2.04 43,000 $92.45 $4.62 20,000 $43.00 $2.15 44,000 $94.60 $4.73 3 America's Gateway to the Gulfstream 21,000 $45.15 $2.26 45,000 $96.75 $4.84 22,000 $47.30 $2.37 46,000 $98.90 $4.95 23,000 $49.45 $2.47 47,000 $101.05 $5.05 24,000 $51.60 $2.58 48,000 $103.20 $5.16 25,000 $53.75 $2.69 49,000 $105.35 $5.27 26,000 $55.90 $2.80 50,000 $107.50 $5.38 Weare proposing this revenue because of the inability of the Solid Waste (Sanitation) Fund to transfer $550,000 to the General Fund. In the past, the fund has been able to provide revenue to the General Fund to pay for services provided by the General Fund. The revenue stream for the Solid Waste Fund needs to be revised, principally in the area of multi-family rates. Details on the revenue picture of this fund are contained in the detail on the Solid Waste Fund. One positive note is that the TRIM assessed values received on Friday, July 1 st are projected to provide an additional $314,095 in property tax revenues. This has not been included in the property tax base in the budget document. I state this because; the Water Utility Tax may not be needed with this revenue in place. This additional revenue, if based on the 7.5% rate would have the following impact on the un- obligated fund balance use: Original budget proposal with use of un-obligated fund balance of $1,662,936. Reduce Revenues by eliminating Water Utility Tax -$195,000 Add Back in Additional Property Tax via TRIM notice of 7/1/05 $314,095 Revised un-obligated fund balance use: $1,543,841 Looking to next fiscal year, the General Fund is proj ected to receive $60.7 M in revenues. This is an 11.7% increase over Fiscal 2004-05. The budget for the General Fund as originally proposed by departments showed a projected deficit of$3.2 M over revenues. In reviewing the budget, staffwas able find $1,459,639 from a targeted cut of$I,703,694. This affected a number of new personnel requests, adjusted operating programs, cut capital outlay and deferred several expenses. The resulting budget is still $1.6 M over operating revenues, exclusive of available un-obligated reserves. This is with the addition of new personnel in Police, Fire and Building Departments and no property tax increase. The projected increase in expenses for the General Fund is 11.3%, inclusive of the new staff. On the revenue side for the General Fund, several comments are in order concerning some revenue sources. The Communications Tax, which was touted in 1999, as an equitable source of revenue for municipalities has not proven to be so. The changes in the telecommunications and Internet industry were not anticipated in the state legislation. As a result, the revenues have been dropping each year instead of increasing, as promised. This year, the budgeted revenue was $1.25 M but the revenue base for next year has been reduced to $1.21 M. The Florida League of Cities is attempting to address this matter legislatively. On the positive side, building and construction related revenues are expected to be strong again next fiscal year. 4 America's Gateway to the Gulfstream On the expense side several comments are in order for the proposed budget. The proposed budget continues the annual recognition dinner for boards and commissions as requested by the City Commission. The Community Investment Program has been retained in the budget at $50,000 or $10,000 for each member of the City Commission. Subsequent to preparation of the budget, there was a request for $10,000 for veteran affairs activities. This has not been placed in the budget, but is noted. As noted above, the General Fund is adding 10 new police officers (5 on October 1 st and 5 on April 1 st) to bolster patrol staff activities. In addition, the budget calls for the hiring of 12 new Firefighters and one Deputy Fire Marshall on March 1,2006. The cost of this staffis being substantially borne by an increase in intergovernmental revenues from Fire-Rescue contracts with Hypo1uxo, Ocean Ridge and the Village of Golf. The revenue base from these contracts has gone from $443,353 in 2003-04 to $1,276,462 in 2005-06. Finally, in the Building Department, there are four full-time building support and inspection personnel proposed. Again, the revenue stream is available in development pennit fees. Our revenues in this account area were $599,000 over estimates this fiscal year. Caution is recommended, as these are one-time revenues. Our long range forecast shows a drop in revenues from a base of $4.5 M in 2005-05 to $3.5M in 2006-07 then down to $2.7M in 2007-08. This revenue stream is fickle to the economy and staff has been conservative. While funded in the draft budget, the neighborhood grant and improvement program needs re- focus, in my view. The City Commission has embarked on a different process for neighborhood meetings. You have requested multiple departments to be present at meetings. The old model of one staff member being responsible for these activities is being changed to a team approach coordinated by the City Manager's Office. Pension Fund Contribution Impact The City is in the process of hiring a pension consultant to help review the short and long-tenn impacts of pension costs. This is necessary because the cost of pension contributions continues to climb based on the factors of, retirements, pay raises, larger staff and investment earnings. The assumed rate of return for each ofthree pension funds needs to be reviewed, as do other factors. In the meantime, staff is recommending that the following pension contributions be considered. These costs are for the entire City, though 100% of the Fire and Police Pension Funds are borne by the General Fund and approximately 65% of the General Employee Pension Fund is borne by the General Fund. 5 America's Gateway to the Gulfstream 2005/06 2004/05 Pension Pension INCREASE Pension Plan Contribution Contribution $ Amount % General Employees $2,851,454 $2,243,356 $608,098 27.11% % of Covered Payroll 13.44% 10.20% Police $2,106,022 $1,878,514 $227,508 12.11% % of Covered Payroll 29.22% 23.73% Fire $1,439,048 $1,155,699 $283,349 24.52% % of Covered Payroll 23.45% 19.01% TOTAL $6,396,524 $5,277,569 $1,118,955 21.20% The following is a table showing historic and projected pension fund contributions by the City. Those years where the contributions are low relate to good investment years. Each of the three funds uses a "smoothing" methodology to average out the peaks and valleys in investment performance. Regretfully, the stock and I11arket performance for all funds has been erratic since 2001. The Trustees of all three Pension Funds are aware of the City Commission's concerns and have indicated a willingness to develop alternative scenarios to help with the analysis of future pension costs to the City and participants. Their main interest is to not diminish the value of the pension plan as a tool for employee retention and recruitment. CITY OF BOYNTON BEACH RETIREMENT CONTRIBUTIONS BY PLAN FISCAL YEARS 1998/99 - 2009/2010 % General Firefighers Police Officers Increase/ Employees Pension Pension Total decrease 1998/1999 $1,069,863 $349,375 $451,378 $1,870,616 1999/2000 $952,994 $245,957 $426,129 $1,625,080 -14% 2000/2001 $686,733 $80,559 $312,072 $1,079,364 -34% 2001/2002 $595,970 $361,877 $379,059 $1,336,906 24% 2002/2003 $1,039,900 $922,724 $1,561,703 $3,524,327 164% 2003/2004 $1,542,574 $896,400 $1,504,730 $3,943,704 12% 2004/2005 $2,243,356 $1,155,699 $1,878,514 $5,277,569 34% 2005/2006 $2,851,454 $1,439,048 $2,106,022 $6,396,524 21% Estimated 2006/2007 $3,079,570 $1,554,172 $2,274,504 $6,908,246 8% 2007/2008 $3,325,936 $1,678,506 $2,456,464 $7,460,906 8% 2008/2009 $3,592,011 $1,812,786 $2,652,981 $8,057,778 8% 2009/2010 $3,879,372 $1,957,809 $2,865,220 $8,702,400 8% Overall, the General Fund expenditures are expected to be 11.3% higher than the current fiscal year budget. This is inclusive of the above-mentioned pension and staff expenses. 6 America's Gateway to the Gulfstream Water and Sewer Utility Fund The Water and Sewer Fund is the largest enterprise fund for the City and includes operation of our water, sanitary sewer and storm water systems for over 110,000 people. The revenues and expenditures for the operating portion of this fund are at $30.3M. The overall expenditure adjustment is an increase of 0%. As noted above, the budget is not recommending a rate adjustment this fiscal year. We believe the capital projects list for the Utilities is in need ofrefmement during the next fiscal year and a rate adjustment at this time would be premature. One area I would also like to see is whether the current $5.00/month storm water assessment fee can be further reduced next fiscal year. This too is related to refining and finalizing utility projects. One position is proposed next fiscal year; an Instrumentation and Control Technician. Last year, we revamped the Utilities Administration functions by hiring a full-time Utility Director. As the new director reviews the operations of the Utility Department there may be additional operational and structure changes. My main concern lies with the condition of the City's sanitary sewer collection system and lift stations. We have had an increased level of pipe and pump failures in the system. In addition, the system has some areas of infiltration of ground water causing excessive flows. This will be a major review area for the Utility Department in the coming fiscal year. The City has been spending a great deal of funds on upgrading the water main system in the City. As we perform the work, the storm water and sanitary sewer systems are also examined and upgraded as needed. Golf Course Fund The Golf Course Fund is also an enterprise fund responsible for the operation ofthe Boynton Links Golf Course on Jog Road. This fund shows a slight surplus next fiscal year. The Golf Course suffered damage from Hurricanes Frances and Jeanne. In addition, golf patronage is down industry wide. As a result, the revenue projections for the Golf Course were not met this past fiscal year by $120,340. Staff at the Course took steps to reduce expenses by $93,319. This helped the financial situation of the Golf Fund. Anticipating another tight year, staff presented a budget that is 1.8% lower than last years expenditure budget. Solid Waste Fund The Solid Waste Fund is an enterprise fund for the City's in-house sanitation department that serves both residential and commercial accounts inside the City. This fiscal year, the Solid Waste Fund was hit with very sharp increases in waste disposal fees. As a result of these increases, the overall expenditures for Fiscal 2004-05 were higher than budgeted. Presented below is a summary cash statement of the revenues and expenses for the fund: Budget 04-05 Estimate 04-05 Over/Under Solid Waste Revenues $7,269,277 $7,367,551 $98,274 Solid Waste Expenses $6,913,170 $7,729,847 $816,677 Over/Under $356,107 $(362,296) While the revenues in the Solid Waste Fund were $98,274 higher than projected (mainly from the City's roll-off business), the disposal fees made up the majority of the expenses. Some of this expense was related to non-reimbursed hurricane clean up of landscape debris. 7 America's Gateway to the Gulfstream I asked the staff to verify if our labor costs were higher than the private sector or not. According to research by City staff in June 2005, we are competitive at base rates. Because the tenure of our staff may be longer than in the private sector, our overall costs may be slightly higher. STARTING SALARY COMPARISON BETWEEN WASTE MANAGEMENT EMPLOYEES AND CITY OF BOYNTON BEACH EMPLOYEES WASTE MANAGEMENT ENTRY LEVEL Base Pav + 23% Benefits Equipment Operator $l1.13/hr. $2.56 = $13.69/hr. Equipment Operator Sr. $13.09/hr. $3.01 = $16.10/hr. ATO/Heavy Equipment Opr. $15.45 $3.55 =$19.00/hr. CITY OF BOYNTON BEACH ENTRY LEVEL Base Pay + 30% Benefits Equipment Operator $10.92/hr. $3.28 =$14.20/hr. Equipment Operator Sr. $12.02/hr. $3.61 =$15.63/hr. ATO/Heavy Equipment Opr. $13.12/hr. $3.94 =$17.06/hr. The staffwill be proposing a rate modification for multi-family accounts. A comparison of other multi-family service fees indicates that a rate modification is appropriate. With the exception of unincorporated Palm Beach County, we have the lowest rate. No rate increase for other residential service is proposed. The revenue projections in the budget do not show an increase except for account growth of 4%. SOLID WASTE RATE COMPARISON June 24, 2005 RESIDENTIAL MUL TI-FAMIL Y SERVICE LOCATION REFUSE RATE REFUSE RATE LEVEL City of Boca Raton Ad Valorem Tax Ad Valorem Tax Twice/wk - Garbage $12.00 Side yard P/up for curbside p/up Once/wk - Recycling $13.50/unit for Once/wk - Vegetation dumpster service Quarterly - Bulk Trash City of Boynton Beach $10.50/Month $ 7.50/unit/Month TWice/wk - Garbage Same service as Once/wk - Recycling curbside except Once/wk - Bulk/Vege no vegetation p/up 8 America's Gateway to the Gulfstream City of Deerfield Beach $22.66/Month $20.63/UnitjMonth Twice/wk - Garbage Once/wk - Recycling Once/wk - Bulk/Vege City of Lake Worth $14.87/Month $ 14.87 under 9 units Twice/wk - Garbage Over nine units is Once/wk - Recycling billed as commercial Once wk - Bulk/Vege Town of Lantana $16.25/Month $16.25/unitjMonth TWice/wk - Garbage $ 1.72 (Recycling) $ l.72/unit (Recycling) Once/wk - Recycling TOTAL: $17.97/Month $17.97/Month/unit Bi-weekly-Bulk/Vege Palm Beach County $7.25/Month $ 4.08/unit/Month TWice/wk - Garbage District 5 Same service as Once/wk - Recycling Unincorporated curbside except Once/wk - Vege. Boynton Beach bulk is once/wk TWice/wk - Bulk West Palm Beach $16.00/Month $16.00/unit - 1st bldg. TWice/wk - Garbage $ 9.00/unit - 2,3,4,bldg. Once/wk - Recycling $16.00/unit - 5th bldg. Once/wk - Vegetation $ 9.00/unit - 5, 7, 8 bldg. Twice/wk - Bulk Share/PW/Solid Waste/Rate Comparison Chart - June 2005 We will continue to monitor legislative attempts to eliminate our market share for the roll-off business. This revenue accounts for approximately $1.1M a year in revenue that is used to keep the residential rates stable. This past year, legislation was proposed that would have adversely affected the City. This bill did not make it out of committee. In addition, the City staff is exploring the expansion of the cart system into residential areas not currently served by this program. Overall, the expenditures for the Solid Waste Fund are projected to increase 2.1 % over the current budget for Fiscal 2005-06. This fund has enjoyed cost efficiencies over the past three years due to better utilization of equipment and personnel. The cost increase this year is reflective of operating and pension costs. Finally, due to the fmancial condition of the Solid Waste Fund, the proposed budget does not show a transfer of $550,000 from the Solid Waste Fund to the General Fund. Due to the diminishing reserves in the Solid Waste Fund, I reversed the inter-fund transfer proposal for Fiscal 2005-06. This exacerbated the General Fund situation. Further, the next four years do not show a transfer of funds from the Solid Waste Fund to the General Fund. Service rates for services need to be reviewed next fiscal year for implementation in 2006-07 or earlier. Transportation Fund This fund is responsible for the operation of the City's bus system, mainly the "Shopper Hopper" service. This fund substantially is funded by a subsidy of the Local Option Gas Tax. Total expenses of $263,097 as recommended for the 2005-06 budget will be met by only $28,302 in operating revenue. The balance of the expenses is met from an appropriation offund balance of ($25,000) and 9 America's Gateway to the Gulfstream the Local Option Gas Tax as an expense to the General Fund ($209,795). The viability of this program needs to be discussed in Fiscal 2005-06. The overall expenditures for the fund are down by .4%. Fleet Maintenance Fund The Fleet Maintenance Fund is responsible for the maintenance and replacement of the City's vehicle and equipment fleet. Due to budget constraints in the General Fund, the Fleet Maintenance fund will cover the initial purchase of the 13 take-home vehicles for the Police Department. This was originally to be charged to the General Fund, but the Fleet Maintenance Fund will be able to handle the funding next fiscal year. All vehicles except for squad cars and fire-rescue units will be held for an additional year. The fund has a fund balance of approximately $3. 7M. Therefore, reduced funding for replacement will not have an adverse impact. Weare planning significant replacement in fleet hardware next fiscal year. The expected expenditure is 43% over Fiscal 2004-05. Please note that in 2004-05, however, due to funding limitations in the General Fund, the City deferred a munber of vehicular purchases in Fiscal 2004-05. Warehouse Fund The Warehouse Fund is an internal service fund with operational responsibility for purchase, delivery and replenishment of common supplies and equipment used by the City. The Warehouse receives funding from operating departments ofthe City and achieves cost-savings through quantity purchase and tight inventory control. Three years ago, the Utility Department's commodities were brought under the management of the Warehouse operations. The projected revenue and expense for the Warehouse Fund in Fiscal 2005-06 is $283,179 or an increased purchase activity level oflO.O%. The Warehouse operation is a division of the City's Purchasing Department and is supervised by the Finance Department. Risk Management Fund The Risk Management Fund is an internal service fund responsible for administration of the City's insurance coverage, workers compensation and employee safety programs. The deficit in the Risk Management Fund was resolved this fiscal year through hefty fund balance transfers into the Risk Management Fund from other operating funds. The fund is operating as planned and the staff has instituted excellent safety and loss prevention programs to reduce our exposure. However, a less favorable insurance market accompanies this this year, which may result in some premiwn increases for our outside insurance coverage. This is inclusive of a projection of insurance losses (claims) of $2,500,000. These are not actual losses but an estimate of possible losses based on an analysis of outstanding lawsuits and claims history. Each year, the amount is reviewed as a set-aside and adjusted. Next year, the set-aside remains at $2.5M. This does not mean that we spend this amount; it is a reserve fund for future and ongoing claims. The projected expenses for the fund are up by 6.1 % over the prior budget. This is mainly due to expected increase in outside premiums. 10 America's Gateway to the Gulfstream Boynton Beach Memorial Fund The Boynton Beach Memorial Fund is the City's operating fund for two cemeteries in the City. The City staff manages the two cemeteries operated by the City with policy direction by the Cemetery Advisory Board. Next fiscal year, the Cemetery Fund expects to take $316,000 in revenues and fees and spend approximately $223,580 in cemetery operational expenses. This will make about $92,420 available for deposit in the Cemetery Trust Fund. As of October 1,2005, the combined balance of the Trust Fund is expected to be approximately $4.2 M. Local Option Gas Tax Fund This fund is the receiving fund for the Local Option Gas Tax, which is a state-shared revenue. The projected revenue from the gas tax is $1,388,400. Funds are used to pay for street maintenance activities ($650,000), capital improvements debt service ($696,000), audit costs ($898) and for local bus service administered through the Transportation Department ($209,975). This amounts to $1,556,693. The shortfall of $168,293 is funded from the accumulated fund reserves. These reserves are projected to be $1,134,355 on October 1,2005. Community Improvements Fund The Community Improvements Fund is responsible for providing property and housing improvements to income-eligible individuals and families. This is an especially important program in the face of very high land and home prices in the Palm Beach County market area. In addition to providing housing rehabilitation and new construction services for clients, the Community Improvements Fund provides home-ownership incentives and assistance for first-time homeowners. Many families have achieved the dream of home ownership with the City's programs and partnerships with other organizations, banks and faith-based community development corporations. Funding for the Community Improvements Fund comes mainly from three sources: State SHIP Funds, Community Development Block Grant Funds and net income from the Clipper Cove Mortgage Revenue Bond program. The amount available for programs is directly related to revenue. Next year we project receiving $633,627 and project spending the same amount. This represents a 4.5% reduction. Recreation Program Fund The Recreation Program Fund is a fund established to provide programs based on 100% user fees. The Fund also transfers $75,000 to the General Fund to assist in funding other Recreation Programs not covered by user fees. This year the expenses of the Recreation Program Fund slightly exceeded revenues. Budget 04-05 Estimate 04-05 Over/Under Recreation Revenues $748,225 $673,200 $(75,025) Recreation Expenses $737,987 $710,111 $(27,876) Over/Under $10,238 $(36,911) 11 America's Gateway to the Gulfstream In addition, revenues were below estimates. This is due, in part, to the loss of the Civic Center being used as a FEMA relief center until February 1,2005. Next year's expenses have been reduced to $691,725 or by 7.6%. On the revenue side, this fund is projected to have the revenues of$691,725. Frankly, I think the fund will do better than this, but I agree that a conservative approach would be appropriate next fiscal year. General Obligation Debt Service Fund This fund is a paying agent fund for the General Obligation Bond Issue that has a final retirement date of2009. The annual debt service cost dropped from $989,903 in Fiscal 2004-05 to $552,891 in Fiscal 2005-06. In the next three years, the debt service obligations drop to about $225,000 each year and down to $110,193 in 2009-2010. Revenue for the bond issue debt service comes from property taxes. The rate dropped from a millage rate of .18% in 2004-05 to .13% in 2005-06. In 2006-08, the rate will go down to approximately .09%. Public Service Tax Debt Service Fund This fund is used to transfer a portion of the Public Service Tax from the General Fund to pay debt service on bond issues for capital construction projects. By pledging this revenue, the City is able to borrow funds at a favorable rate for construction work. This also means that a portion of the Public Service Tax is not available for general government services. The City is projected to receive a total of $3,222,836 in Public Service Taxes in the General Fund. In addition, the balance of the Public Service Taxes ($4,013,490) goes directly to the Public Service Debt Service Fund. This amounts to 55% of the total Public Service Tax revenue going to debt service. In return, the City received $18.3 M in bond proceeds in Fiscal 2003-04, $10 M which was used to refinance bonds and $8.3 M to fund non-utility capital projects. Those funds were deposited in the Capital Improvement Fund and are being used for capital improvements such as Wilson Center, Intracoastal Park, Nautica Park, etc. Fire Assessment Fund The Fire Assessment Fund was established in Fiscal 200 1-02. The revenues received and projected from this source are as follows: Fiscal 2001-02 $5,134,882 (included transfer of $2,800,000 in bond proceeds) Fiscal 2002-03 $2,798,677 Fiscal 2003-04 $2,385,928 Fiscal 2004-05 Estimate $2,819,200 Fiscal 2005-06 Budget $2,810,800 Fiscal 2006-07 Plan $2,823,700 Fiscal 2007-08 Plan $2,847,900 Fiscal 2008-09 Plan $0 Seven-Year Program Authorization Ends 9130108 12 America's Gateway to the Gulfstream As established in 2001, the Fire Assessment pays the salaries and benefits for 24 full-time personnel to staff the new Southeast Fire Station. This accounts for $1.3 M of the $2.8 M in revenues. It also has had an impact on reducing the funds available for capital construction work. The projected fund balance for the Fire Assessment shows a fund balance of $2,077,481 on October 1,2005, which is expected to drop to $528,409 on October 1,2006. Then the fund goes to a deficit situation. This is a similar projection to last year. The difficulty is in the completion of the fire stations in the program. Work is expected to be complete on the SE Fire Station late July. An engine company and medic unit currently operating out of other stations will occupy that station. The main fire station, next to City Hall will continue to operate with its response area re-directed to the NE Quadrant. This will provide improved response times to the NE Quadrant until the NE Fire Station at Gateway and High Ridge is completed. This way there will be no gaps in service. The SE Station will also provide back-up service to the main station for calls to the downtown area. Meanwhile, construction on the SW station has commenced with an expected completion date of early to mid-2006. The service area of the SW station remains unchanged as does the station on Miner Road (Station #3). The staff is looking at alternatives including lease-purchase or alternative financing for the station at Gateway and High Ridge. This station is scheduled to be the headquarters station and will house two engine companies and two medic units. When completed, the companies will respond to both the NE quadrant and the new construction area along Congress Avenue. The purchase of the 9.3 acres of property in 2004 was very strategic. Work on the headquarters station at Gateway and High Ridge is scheduled to start in Fiscal 2006-07. The estimated cost of the facility is $8.2 M, inclusIve of headquarters and a new emergency operating center to replace the center at the East Water Plant. The Gateway/High Ridge site is also the proposed site for relocation of the Police facility. However, the timeline for that move is not certain and depends on the development of the Town Square campus area near City Hall. This year, staff also investigated if development impact fees could be used to supplement the Fire Assessment fees, especially to capture revenues for the additional services needed for the Congress Conidor. Currently, there does not appear to be a statutory provision for such fees. However, the adoption of the state growth management statute may contain enabling language for a localized fee. Research continues. Short term, I believe the City needs to move the expenditure ofthe 24 full-time fire personnel back into the General Fund, effective fiscal 2006-07. This will free up about $3.0 M or half of the projected fund deficit expected when the Fire Assessment ends in 2008-09 (September 30, 2008). This will require approximately $1.5 M in additional revenues for the General Fund in Fiscal 2006- 07 and beyond, as adjusted for inflation or operating expenditure cuts of the same value, or a combination of each. I do believe that the revenue streams for the General Fund will improve over the next three to five years. The second issue is whether the Commission will authorize a three-year extension of the Fire Assessment, perhaps in annual appropriations to fund the balance of construction. This may be needed if the City cannot use alternative revenues. Due to two major development changes, not on the horizon in 2001, the City's four station configuration will need to be changed to a five and a half 13 America's Gateway to the Gulfstream station configuration as follows: SE Fire Station (new at South Federal Highway near Woolbright) 1 SW Fire Station (new but relocation from Congress/Golf to Woolbright near Congress) 1 NE Fire Station (new at Gateway and High Ridge) 1 CBD ~ station (refurbished or new) ~ NW Fire Station #3 (existing at Miner and Congress) 1 Congress Corridor Station (new and shared with NE station at Gateway and High Ridge) 1 The major development changes are the CBD area redevelopment and the Congress A venue corridor development. Capital Improvement Budget The five-year capital improvement plan is included in the draft budget. This is a work in progress, especially in the area of Utility projects. I propose that we hold off on the Utility capital projects until a workshop in August. By that time, we should have a better view of the impact of several major initiatives planned for Utilities that are part of the implementation of the South Florida Water Management District water permit for the City. The major non-utility projects that are planned or underway for Fiscal 2005-06 include: Heart of Boynton Land Purchase $1,000,000 Intracoastal Club House $1,900,000 Library Construction $6,600,000 Congress A venue Park $ 500,000 Greenway/Bikeway Land $ 200,000 Jaycee Park Improvements $1,100,000 Nautica Park Improvement $ 75,000 (note printed budget shows $25K - needs to be increased due to lack of full funding from County. Pioneer Park Boat Ramp $ 100,000 7th A venue Open Space $ 110,000 SE Neighborhood Park $ 575,000 Wilson Center and Pool $3,774,000 Street Maintenance Improvements $ 325,000 Wayfinding Signs $ 130,000 RR Crossing Upgrades $ 76,000 Golf Course Irrigation Control $ 150,000 A special thanks goes to the Budget Review Team of Bill Mummert, Mary Munro and Wilfred Hawkins, for their hard work on the document. Special thanks goes also to the department heads that went back into their budgets to make additional cuts that I requested. Cc: Department Heads S:\City Mgr\Administration\BUDGE1ì05-06\KB Budget Message.doc 14 America's Gateway to the Gulfstream ~ oooooo~~~~~~~~~~~~~~~o~~~~~~~~ '#. ~!"''''''''''''''''O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "'00000000 .~e~~~~o~œ~œ~~~N~~~~œ~~~œ~~~~~~~~ '<:I: &=~O~~N~MN~NN~ci~~N~~~~~~Ncici~~~~~~ ~ Cog. 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Q) ~~æ Q),-> ~ 0 c.. - '- --~-- ~ - ~CtI ~ 0 ___~Q)Q) C Q) « ctJ ~ CtlctJ-ctJ _ - Z 0 x XQ) --ctJx(/)~ x >_ ctJ CtI () ~ ~ :.¡:¡ ctJ ctJ CtI CtI (/) I-Q)I-c Q)Q)~l-mxQ)1- OQ) (/)~(/)rn EE~(/)øCtl~(/) «m (/)ctJ(/)~ EE~(/)ool-rn(/) I-:J e=eo oOQ)ewu.=e w~ ø~ø« üü~ø~l-~ø Z~ III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19,2005 (Noon) o August 16,2005 August 1,2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) [g September 6, 2005 August 15,2005 (Noon) o November I, 2005 October 17,2005 (Noon) ----~~_. o November 15,2005 o September 20, 2005 September 6,2005 (Noon) October 31, 2005 (Noon) -, ~. ..... -'-', " 0 Administrative 0 Development Plans :""-':r't ..;-) NATURE OF 0 Consent Agenda 0 New Business - " AGENDA ITEM 0 0 1"",) Public Hearing Legal 0 0 y:~ ~--._.~ Bids Unfinished Business .--; ..- ''''''1 A._ [g Announcement 0 Presentation ",1-.,,1 --~'ì CIJ ....- .~--, rT1 0 City Manager's Report . , ~-.~ Z:~ RECOMMENDATION: Presentation by Dr. Nancy Poulson, Interim Dean at Wilkes Honors College at FAD's Mac Arthur Campus in Jupiter. EXPLANATION: Dr. Nancy Poulson will give a short presentation to give an update on the honors College and a description of programs available to the general public. PROGRAM IMPACT: None FISCAL IMPACT: None ALTE~TIVES' Non, ~JA~ Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC ,,/ ,a .. 61,.4\(°' FLORIDA ATLANTIC UNIVERSITY JOHN D. MACARTHUR CAMPUS 5353 PARKSIDE DRIVE JUPITER, FLORIDA 33458 HARRIET L. WILKES -1 0.., c... . 'r-- \.Ii' . .¡.r.. HONORS COLLEGE ~ \so ..,.þ (561) 799-8620 · Fax: (561) 799-8602 \.~ ~ ~<G~~'W~~ June 22,2005 ! I ~27m I City of Boynton Beach CITY MANAGER'S OFFICE A TTN: Kurt Bressner, City Manager P.O. Box 310 '* o\: ~ ~~ ."J-- Boynton Beach, FL 33425-0310 ~'ror-T p~ -- Dear Mr. Bressner: I am writing on behalf of Wilkes Honors College at FAD's Mac Arthur Campus in Jupiter. We are very interested in having an official of the college come to one of your upcoming City Commission meetings. It is our understanding that you meet at 6:30 on the first and third Tuesday each month. It would involve a short presentation to give an update on the Honors College and a description of programs available to the general public. Weare always eager to find ways that our two entities can work together to strengthen the community. I will be calling you in the next few weeks to explore this further and to schedule something specific that works for you. Thank you for your attention to this matter. Regards, Jltú{[utt~ ( Mar' et Allen Secretary- Development 561-799-8105 BOCA RATON· FORT LAUDERDALE· DANIA BEACH' DAVIE· JUPITER· PORT ST. LUCIE An Equal Opportunity I Equal Access Institution TEL: .......'........~~, . . ~...~~ ,?,þt~.'·III·· ,'0, "''''''.'' .~~... ," " V. ADMINISTRATIVE d(;ç::J. !Diaz ITEM A. 411" . 4tb. .y..... Borata. aT-h~ i"Ioftda,. 3)4)5 ~J) D7·1~Ø 1 .. Aulust1!1.JOOI Mon. ..,... Jwr1 .. T.yIor 1058 Ltf. 21 Awn..- Ioynt... ".aII. FL 33621. o.ar M, Tay..... Th" e.tt... .. to InfCM'l'l you, th.t on the .-.oN ....., · deokIeCI .. .....It - · ....... ........ vi" .....-u- & .._ ao.r1I of .. CItW of lIoyn,qft ØeaGt1.o Mr. Mayor, .....Iey .......-sø.d,...... ~Ønd"" an rftY dec'.IOn. 111"''' ..,., ..... ....In, .....e.,.If, d71 9- cr:. /!I'll!. lkrry P¡CRd - ¡'()[: . c¡,l.4iR ¥'_ ~rr.ìC( .rite c:¡.1y a/¡:¡eK crlyÐr ~1'b¡'/ ~ V. ADMINISTRATIVE ITEM B. Sage Institute for Family Develo~'II'-"," August 17,2005 '. ':,':}ta ~- .,...:") ,_ J - l ..=.) cu City Clerk's office ,.,-.. .~.- ):m --1 100 E. Boynton Beach Blvd. -- C:J ._~ -' "," Boynton Beach, FL 33435 "-0 -q'- - 'l OJ a -- f'T1 ~-) J> -..J ,"TIn :I: To Whom it May Concern: On July 28 I sent an email to Sheri Claude, the city representative to the Advisory Board on Children and Youth, regarding my withdrawal from the Board. Given that I received a letter from the mayor on August 16, I assume Ms. Claude did not receive my previous email. It is with deep regret that I must resign my appointment to the Advisory Board on Children and Youth, effective immediately. Between extensive travel and a new university teaching schedule, I am no longer available on Thursday evenings when the Board meets. I apologize for my lack of attendance and involvement and wish that my position can be filled with an individual possessing the commitment and availability that I, unfortunately, cannot bring to it. I greatly appreciate being appointed to the Board and I hope to be able to provide some service to you in the future. Thank you for your consideration. :JC2Z0 Lawrence A. Siegel, MA, CST, AASECT Clinical Sexologist President, Sage Institute for Family Development saqeinstitute@earthlink.net www .saqeinstitute. orq also featured on www.sexualhealth.orq and http://.loveandhealth. ifriends. net 1010 NW 8th Street ., Boynton Beach, FL 33426 ., (561) 254-4237 ., sageinstitute@earthlink.net V. ADMINISTRATIVE ITEM C. Re Arts Commission meetings sage From: Linda sage [lindasage99@yahoo.com] Sent: Mo~day, AUTust 01, 2005 10:13 AM To: Dennlson, Ar een subject: Re: Arts commission meetings Arl eenn Thank you for the notice of the upcoming meeting -- last month I went to an empty building. Apparently the meeting was held elsewhere, or at another time. Timing is everythinT....I had just sat down at the computer to send a etter of resignation when your e-mail arrived, as well as a copy of Kim's e-mail of resignation and responses. My feeling that I am left out of the loop is the basis for mb position, as I do not seem to be notified of sub-committee meetin~s until I read a out them in the minutes of same. And unfortunately I do not have t e luxury of meeting in the middle of an afternoon during the week, as I work to support myself. In addition to this, I feel that if one is not brought in as one of our chair's personal picks, one's voice is not regarded with much weight. My frustration over this has caused a great deal of apathy on my )art, and that is certainly not what's needed to do the job. The commission wi 1 be much better served, I am sure, with another candidate. I do miss chatting with you Arleen, and have enjoyed bein~ a small part of the "inner workings" of a city on the cush of the greatness t at is its due. I trust that this note will be refarded for w at it is n a simple "bowing-out", and a venting of some personal eelings that I share with you on a confidential note. Thanks for your ear. linda --- "Dennison, Arleen" <DennisonA@ci.boynton-beach.fl.us> wrote: > Linda, > It's been so long since I have heard from you, that I do hope all is > well. > > Just wanted you to know that according to the Cith clerk's office you > have missed two meetings. If you miss one more, t e, will send a > letter statin~ if you miss a fourth meeting, you wi 1 be dropped from > the Arts commlssion. > > Our next meeting is scheduled for Monday, August 1st, same time, same > place. > Ho)e to see you, > Ar een > DO You yahoo!? Tired of s)am? Yahoo! Mail has the best spam protection around http://mai .yahoo.com page 1 Au~ 23 05 06:51p Kathleen Chance 916-92 V. ADMINISTRATIVE ITEM D Mernorandmn To: Clerks Office, City of Boynton Beach VøTelerax561-742-6090 cc: Major Gerry Taylor From: Jose Rodriguez Date: 8/23/2005 Re: Resignation from P&D Board It is with great sorrow that I submit my resignation as a member of the Planning and Development Board for the City of Boynton Beach. I thank you for the opportunity you have given me to serve on this board. The experiences and friendships developed have been very valuable. r look forward to serving the City of Boynton Beach in other capacities in the near future. -.. Respectfully, _....J. '~ 'y :l~;"~ ~ ~ ' . ::--) Jose Rodriguez 1"'''':' ,'- - .', -~ .,-_. ~ ' ' C:'I ~..,.,-." .,:-- CD ~; ¡:g ~~.t, .', J::... Co::; -'Ç) -== 1 V. ADMINISTRATIVE ITEM E APPLICANTS ELIGIBLE FOR APPOINTMENT 09/06/05 LAST FIRST 1st CHOICE 2nd CHOICE 3ra CHOICE APPLICATION NAME NAME SUBMITTED Barnes Matthew Community Redev. Planning and 7/27/05 Agency Development Bd Broenig Gerald Planning & Community 4/11/05 Development Board Development Agency Ferreira Maria Education Advisory 9/1/05 (STU) Board Fitzpatrick Michael Planning & 2/25/05 Development Board Grcevic Sharon Planning and 12/20/04 Development Board Lender Wayne Community 1/28/05 Redevelopment Aqencv McMahon James Recreation & Parks Planning & 1/8/05 Board Development Board Richman Nubia Recreation & Parks Arts 8/18/05 Board Commission JAP 9/2/20058:29 AM S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 09 06.doc VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) rg¡ September 6, 2005 August IS, 2005 (Noon) D November I, 2005 October 17, 2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November IS, 2005 October 31, 2005 (Noon) D Administrative D Development Plans NATURE OF rg¡ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Motion to award the RFP for "REAL ESTATE ADMINISTRATOR" RFP#020-Q\0- 05/CJD to EARTH TEC CONSULTING, Inc. of Miami, Florida to be hired on an "As Needed Basis" by task or~:', EXPLANATION: On February 3,2005, Procurement Services opened and tabulated four (4) proposals ('õ'~urRF1> "REAL ESTATE ADMINISTRATOR". An evaluation Committee was formed and reviewed all propenls. T~ committee consisted of the following staff: Quintus Green, Development Director, Jeff Livergood, Pub~ Wor~ Director, Doug Hutchinson, CRA Director and Kofi Boateng, Utilities Director. The short list consisted of Ameritan:, Acquisition Group, the Urban Group, and Earth Tech Consulting. Based on a combination of experience.-:iith 1b€ type of services required by the City, flexibility indicated in the assignments of their staff, their cost proposal~ils wélt; as proximity and their familiarity with the City of Boynton Beach, it was the unanimous consensus of the ;Revi~r: Team to recommend contracting with Earth Tech Consulting, Inc. as the Real Estate Administrator for the City;. :'n Q. PROGRAM IMP ACT: Based on the continuing improvements and redevelopment of the City, staff has determined that an annual contract for a Real Estate Administrator is vital. The tasks will include facilitating land acquisition, relocation and property management. FISCAL IMP ACT: This is not an operating cost. purchase and are charged to a capital account. ~~ Assista t to the Finance Director ..... Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Quintus Greene - Development Director File II I 1 2 3 RESOLUTION NO. R05- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING THE AWARD OF 7 RFP #020-1210-05/CJD TO EARTH TECH 8 CONSUL TING, INC., FOR REAL ESTATE 9 ADMINISTRATOR ON AN AS NEEDED BASIS BY 10 TAKS ORDER; AUTHORIZING THE CITY I 11 MANAGER TO EXECUTE AN AGREEMENT 12 BETWEEN THE PARTIES; AND PROVIDING AN 13 EFFECTIVE DATE. 14 I 15 16 WHEREAS, on February 3, 2005, Procurement Services opened and tabulated 17 four (4) proposals to the RFP "Real Estate Administrator"; and 18 WHEREAS, after review and evaluation it has been determined appropriate by 19 staff to recommend award on an as needed basis by task order, this RFP to Earth Tech 20 Consulting, Inc., of Miami, Florida whose RFP was overall responsive and responsible 21 proposer; and 22 WHEREAS, upon recommendation of staff, the City Commission of the City of 23 Boynton Beach does hereby approve the award of RFP No.020-1210-05/CJD to Earth 24 Tech Consulting, Inc. of Miami, Florida. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "\Vhereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon 29 adoption hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, 31 hereby approves the award of RFP No. 020-12l0-05/CJD to Earth Tech Consulting, Inc., I S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Real Estate Admin.doc II I 1 of Miami, Florida, for Real Estate Administrator on an as needed basis by task order. 2 Section 3. That the City Manager is hereby directed to execute a contract ( 3 copy of which is attached hereto) for Real Estate Administrator between the City of 4 Boynton Beach and Earth Tech Consulting, Inc., of Miami, Florida, to be hired on an as 5 needed basis by task order. 6 Section 4. That this Resolution shall become effective immediately. 7 PASSED AND ADOPTED this day of September, 2005. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 ATTEST: 26 27 28 City Clerk 29 30 (Corporate Seal) 31 32 33 34 S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Real Estate Admin.doc MEMORANDUM To: Mary Munro, Assistant to the Finance Director/Purchasing Agent From: Quintus Greene, Development Direc~ Date: June 29, 2005 Re: Real Estate Administrator Selection At the end of last year the City issued a Request for Proposals for Real Estate Administration Services, on an annual contract, to facilitate land acquisition, relocation and property management. By the closing date of February 3, 2005, proposals had been received from four firms. The four submitting firms were: the American Acquisition Group (AAG), The Urban Group (TUG), Interstate Acquisition Services, and Earth Tech Consulting. An initial Review Team, consisting of myself, Public Works Director, Jeff Livergood; CRA Director, Doug Hutchinson; and then Assistant City Manager, Dale Sugerman was assembled to evaluate the proposals. After an initial review on February 10th of this year, the team determined that three of the four proposals met the basic requirements outlined in the RFP and were worthy of being brought in for formal interviews. The team had determined at that point that Interstate Acquisition Services had failed to fulfill the requirements of the RFP. However, prior to scheduling the interviews, Assistant City Manager, Dale Sugerman, who had responsibility for coordinating the selection effort, left the employ of the City. Since many of the services requested of the Real Estate Administrator would be used by the Utilities Department, a decision was made to postpone the formal interviews until a new Utilities Director could be brought on board. On June 22 and 23, 2005 the Review Team, which now included Utilities Director, Kofi Boateng conducted interviews with the American Acquisition Group, The Urban Group, and Earth Tech Consulting. Following the interviews, the Review Team carefully evaluated each consultant. Based on a combination of experience with the type of services required by the City, flexibility indicated in the assignment of their staff, their cost proposal, as well as proximity to and familiarity with the City of Boynton Beach, it was the unanimous consensus of the Review Team to recommend contracting with Earth Tech Consulting as the Real Estate Administrator for the City. Costs associated with securing the services of the Real estate Administrator will be charged to the requesting department and/or the specific project requiring said services. 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Co ~ ~ ::f Q CDc.CDen c. _. OJ = OJ ::> 0- en CIJ ...., 0 éD ¡¡; m ¡¡¡ c. ~-gCD~ 4 :J ("') ...., en CD !!!. CD <' ::> Õ ~. ~ ~ CD ::T C. ~ (i) ~ ~ en CD o OJ 0 ~ 5. ~ ~ -. ~ o 3 CD ~:J ~ Crl QUALITillRACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 -. Broadcast Date FEBRUARY 10, 2005 lilt RFP Title: REAL ESTATE ADMINISTRATOR "- II RFP Number: 020-1210-0S/CJD .. RFP Received By: FEBRUARY 3, 2005, NO LATER THAN 2:30 P.M. (LOCAL TIME) lilt III RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date .. and time is scheduled for: FEBRUARY 3. 2005. NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. It .. All awards made as a result of this RFP shall conform to applicable sections of the charter and .. codes of the City. "- Name of Vendor: Earth Tech Consulting, Inc. · .. Federal J.D. Number: 95-2661922 .. A Corporation of the State of: California .. · Area Code: 305 Telephone Number: 592-4800 · Area Code: 305 FAX Number: 7Jh-,J" · · Mailing Address: 3750 N.W. 87th Avenue, Suite 300 · City/State/Zip: · Miami. Florida 33178 · Vendor Mailing Date: 2-1-05 · 40", 1 t t Authonzed SIgnature t Thomas J. Marwood t Name Typed ~ ~ THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 13 ~ Þ · · · · · ADDENDA · CITY OF BOYNTON BEACH · FLORIDA · · RFP TITLE: REAL ESTATE ADMINISTRATOR · QUALIFIER: Earth Tech Consulting, Inc. · · DATE SUBMITTED: Februarv 3. 2005 · We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, · in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of · transportation, construction, coordination, labor and services necessary to complete/provide the · work specified by the Contract documents. · Having studied the documents prepared by: · · City of Boynton Beach (Name of Project Manager/Architect/Consultant) · · and having examined the project site (when indicated in these specifications to do so), we · propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: · · ADDENDUM DATE ADDENDUM DATE · · · t t t ( · · þ þ þ þ þ þ þ Þ THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER Þ FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Þ 14 Þ lit .. Ie · · STATEMENT OF QUALIFICATIONS · · Each qualifier proposing on work included in these General Documents shall prepare and submit · the data requested in the following schedule of information. · This data must be included in and made part of each RFP document. Failure to comply with this · instruction may be regarded as justification for rejecting the RFP response. · · * attach additional sheets giving the information · .. 1. Name of Qualifier: Earth Tech Consulting. TnC'. · Business Address: · 2. 3750 N.W. 87th Avenue. Suite 300 It Miami, Florida 33178 · · lit 3. When Organized: 1970 · Where Incorporated: II 4. California · 5. How many years have you been engaged in business under the present firm name? · 11 · 6. General character of work performed by your company. ~ · · Real estate services. engineering. architecturAl · services. construction management. production · · management · I. 6. Enclose evidence of possession of required licenses and/or business pennits. · · 8. Number of employees. 8,042 ( as of 12/04 ) · 9. Background and experience of principal members of your personnel, including officers. * · · 10. Bonding capacity. N/A · II. Have you ever defaulted on a contract? If so, where and why?* · · · THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR · PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE · 15 · · (II ,. -- ,. -~-. -------- -'. --.--.---.- -. - _._._---_.~---- ----'-----.-- "--- _. ----. · 12. Experience in performance of work similar in importance to this project. _ ____ _..._,._----~-- . --~._-_.._--_...- · · Project $ Value Contact Name Phone # · La Villa App. $1. 2 M Pat Brown (retired) (904)630-1600 · Miami 1ntermodal · Center App. $3.5 M Kouroche Mohandes (30'))470-5RR5 · SR-7 North App. $ 2 . 6 M Van Neilly (954) 777-4287 · · Limestone Creek App. $11 7 . 000 Amin Houry (561 )233-1625 · 13. Contracts on hand. * · · 14. Largest completed projects (include final cost). (Earth Tech costs) · 1) Miami 1ntermodal Center- $3.476.5]5 (Right of Way only) ." t 2) 1-595:':'" $17,762,760 (Right of Way only) Þ 3) State Road 7 North- $2.6¡4.5RJ (Right of W~y only) Þ Þ 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party Þ and which: * Þ 1) arose from perlormance; * Þ Þ 2) occurred within the last 4 years; * ~ 3) provide case number and style: * ~ I 9·'oSa.iY\. Dated at: I if' ..-¡ I this 3/ day of ,Janua¿}f. 200S- I Bye-- ,~__ ~ (written signature) Name: Thomas J. Marwood (printed or typed) Title: Vice President THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 ,. = .- .. .. ANTI-KICKBACK AFFIDAVIT .. .. STATE OF FLORIDA ) .. : SS · COUNTY OF PALM BEACH ) .. .. I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted .. will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. .. · BY:~\~~ .. · NAME - SIGNATURE · .. Sworn and subscribed before me · this Ó \ day of~OrAJ ~ ' 20 D~ .. '<J .. Printed Information: · .. Thomas J. Marwood .. NAME · Vice President .. TITLE .. .. · ( Earth Tech Consulting. Inc. .. COMPANY · .mmbmyÅ~ .. g. \('MIIIIII_tm # DD0œ83 5· ~= BIpJøs~. 3. 21m · ::. E TIn ~ ÐF~ ~ AØanti: Bœdq Caø hr;:. · ~""In\ ~ · "OFFICIAL NOTARY SEAL" STAMP · · · · THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR · PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE · 17 · ,. -- a- .. · NON COLLUSION AFFIDAVIT OF PRIME QUALIFIER · · State of Florida ) · · County of Miami-Dade ) · Thomas J. Marwood , being first duly sworn, deposes and says that: · · 1) He is Vice President of Earth Tech Consulting. Inc., the qualifier that · (Title) (Name of Corporation or Firm) · has submitted the attached RFP: · 2) He is fully informed respecting the preparation and contents of the attached submittal and of · all pertinent circumstances respecting such submittal; · · 3) Said RFP is genuine and is not a collusive or sham RFP; It 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, · employees or parties in interest, including this affiant, has in any way colluded, conspired, · connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a Þ col1usive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, Þ directly or indirectly, sought by agreement or col1usion or communications or conference · with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any Þ other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, ~or to secure through any collusion, conspiracy, connivance or t unlawful agreement any advantage against the City of, Boynton Beach (Local I Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ( ~~<OI~ 1 (Signed):- (Title) Vice President /7_ ffi a¿~ Subscribed and sworn to before me TIU, :3 ( day of .:so^",~. ,20 <> S ",I"""" Iy A. WiBdloss ,,~y P(¡~, 0G383 l¡'~~(,Mnmf"QJ\ #DD : . . . - BI:piœI ~ 3. 211& :0>\ t~= 1'1II:a My cOmmission expires .3 .d-00 S- ~~.. ~$ ~;rOF~"" AtIIn&fI: ~ Co." ID:. "111 I THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 ,. rÞ ~ = CONFIRMATION OF MINORITY OWNED BUSINESS ... .. " A requested form to be made a part of our files for future use and information. Please fill out and "" indicate in the appropriate spaces provided which category best describes your company. Return ,. this form with your submittal sheet making it an official part of your RFP response, ,. ,. ( ) AMERICAN INDIAN ,. ( ) ASIAN .. ,. ( ) BLACK ,. ( ) HISPANIC .- ,. ( ) WOMEN ,. (x) OTHER Corporation (non-MRE) ,. .. (specify) .. · .- Do you possess a Certification qualifying your business as a "Minority Owned Business"? .. " .- YES NO x - - .. · .. If YES, name the Organization from which this certification was obtained and date: .. ( .- .. Issuing Organization for Certification .. .. .. .. Date of Certification · · · · THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE · 19 · .. i IÞ · · · CONFIRMATION OF DRUG-FREE WORKPLACE · · IDENTICAL TIE SUBMITTALS · · Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the · City of Boynton Beach or by any political subdivision for the procurement of commodities or · contractual services, a submittal received from a business that certifies that it has implemented a · drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- · free workplace program. In order to have a drug-free workplace program, a business shall: · · 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and t specifying the actions that will be taken against employees for violations of such prohibition. · · 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and · employee assistance programs, and the penalties that may be imposed upon employees for t drug abuse violations. t 3) Give each employee engaged in providing the commodities or contractual services that are · under submittal a copy of the statement specified in subsection (1). !Þ · 4) In the statement specified in subsection (1), notify the employee that, as a condition of · working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or Þ plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled · substance law of the United States or any state, for a violation occurring in the workplace no Þ later than 5 days after such conviction. Þ 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or Þ rehabilitation program if such is available in the employee's community by, any employee Þ who is so convicted. Þ 6) Make a good faith effort to continue to maintain a drug-free workplace through Þ implementation of this section. Þ As the person authorized to sign the statement, I certify that this firm complies fully with Þ the above requirements. -~~ --=À þ þ Vendor's SIgnature Þ Þ Þ . THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 20 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ; . J:l.;"':¡ oE$ Ç¡ Ç¡ Ç¡ Ç¡ ~o p:¡ p:¡ p:¡ p:¡ H H H H - u:J E-< N Ë2 E-< J:l.; 0 ~E-< Z Z 0 0 ...:¡Š Ç¡ Ç¡ Ç¡ Ç¡ >-< ...:¡O ...... E-< p:¡ p:¡ p:¡ p:¡ E-< ~ 8~ H H H H < 0 ~ A.. ...... U ~ ...... E-< ~ ~ ~ ~ 0 .. ~ J:l.; Z 0 E-<Q ,.-.., Z ~~ rJ) lilt ¡;¡;:¡ ~ 0 U ~ (!) ~ >-< >< ::¡.:: .. 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Q) e::::Cl. w '-" (/) 0 a.. 0 e:::: a.. ex:: g ~ tñ - z - ::E LO 0 0 0 0 <C 0 N W -- ... ~ LO M 0 ~ I ~ 0 E ~ <C w N ::> a. .....J ~ ex:: I 0 , <C 0 CO M W N W cx:: 0 u.. N cx:: 19 w Z w CO - W Z .....J ::E t;: w ~ ::> Cl. z 0 0" W Cl. Cl. Cl. Cl.::E u.. u.. u.. ~~ cx:: ex:: ex:: CONSULTANT AGREEMENT FOR REAL ESTATE ADMINISTRATOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and EARTH TEC CONSULTING. INC.. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT services in connection with the project designated REAL ESTATE ADMINISTRATOR. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement on an "As Needed Basis." 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-l 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be pennitted to retain copies, including reproducible copies, of drawings and specifications for infonnation, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in perfonning the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$I,OOO,OOO. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. CA-2 For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: CA-3 17, INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _ day of ,20_, CITY OF BOYNTON BEACH City Manager Consultant Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Fonn: Attest! Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 EXHIBIT "A" Scope of Services SCOPE OF SERVICES The following indicates the major objectives of the project. The firm should submit a cost breakdown for completing and implementing the tasks listed below. SOLICITATION. The City of Boynton Beach and Boynton Beach (Client) is soliciting submittal of credentials from qualified firms interested in providing real estate land acquisition, relocation and property management consultant servIces. The Acquisition Consultant (Consultant) will be engaged as a representative and staff extension of the Client to provide real property acquisition, property management, and related services as a result of activities under task assignments. This is an "As Needed" contract. REQUIRED EXPERIENCE OF THE ACQUISITION CONSULTANT. To be considered, the Acquisition Consultant firm must have no less than 10 years experience in public sector real property acquisition projects. The Consultant must demonstrate having previous experience, and understanding of work in governmentally funded land acquisition projects, and knowledge of and experience working on projects governed by the Florida Community Redevelopment Act FS 163. within the State of Florida. The firm shall demonstrate successful experience as an acquisition services provider in projects with large numbers of parcels to be acquired. To be qualified, the Consultant firm must: 1. Demonstrate that it is capable of providing all acquisition, relocation, property management and oversight services necessary to acquire the real property on an "as needed" basis. These activities shall be performed in accordance with CLIENT procedures and policies and applicable statutes, Florida Administrative Code (F.A.C.) Rules, and FDOT Right of Way Procedures Manual. 2 Demonstrate experience in performing relocation advisory services and assistance to households in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). 3. Demonstrate that the Acquisition Consultant has an organization with in-depth experience in community development projects in an urban environment functioning as an agent and representative of the CLIENT. 4. Demonstrate that the consultant's organization currently has sufficient available qualified persons as necessary to effectively carry out its responsibilities. The Consultant must demonstrate resources, capabilities and experience in providing guidance, direction and administration for implementation of the CLIENT Acquisition plan. The Consultant's "Project Manager" must have personal experience in managing and directing an Acquisition project on behalf of a public or private agency, and familiarity with the Client's Acquisition Plan. The Project Manager must have been employed by the Consultant for a period of no less than two years from the date of the response CA-5 to this solicitation. 5. Demonstrate familiarity and experience in preparing acquisition plans and acquisition policies, rules and regulations covering relocation and acquisition procedures. 6 Demonstrated experience in real estate acquisition services for public agencies, and Community Redevelopment Agencies. Experience working projects funded by the U.S. Department ofHUD is preferable. 7. Demonstrated experience working with acquisitions under "willing seller" procedures. 8. Demonstrate experience in reviewing real estate appraisals. Consultant will study the approved appraisal report for an understanding of the Client's opinion of market value. 9. Demonstrated experience in reviewing title work including the last deed, and any other source material available to develop an understanding of the condition of title. The Consultant must provide a Closing Facilitator, and attend closings. lO.Demonstrated experience in maintaining compliance to record keeping and reporting procedures. Parcel information, data and other records will be kept on computer disks with back up. 1 1. Demonstrate property management experience in projects where acquired properties were leased back to sellers and the consultant collected rent for the acquiring agency and maintained the properties while occupied 12. Demonstrate expenence III coordinating property management where Consultant, preparing demolition bids, routinely inspect, secured and boarded up all vacant properties until clearing. Consultant must demonstrate experience reviewing environmental studies and asbestos surveys. The Consultant must have staff certified in the State of Florida to review asbestos surveys. 13 Consultant shall provide title and closing services, and demonstrate experience and capabilities in facilitating closing in projects where title issues and problems require title- clearing solutions. l4.Demonstrate that the Consultant can assist the CLIENT in its procurement and administration of environmental consultant and/or contractor to conduct environmental assessment and cleanup activities required to address any and all environmental issues such as abandoned hazardous materials, soil and groundwater contamination located within the CLIENT project limits. 16. Demonstrate experience providing Acquisition services of residential and business properties of similar scope and complexity, having acquired a minimum of forty to fifty parcels in one project. The firm and its named personnel shall demonstrate cross-trained experience in acquisition and relocation under policies and procedures of the Uniform Relocation Act. The Consultant should have assignment to the project Bi-lingual and multicultural staff. CA-6 LOCAL FAMILARITY. Prior experience working in Boynton Beach and knowledge of the real estate market in Palm Beach County is desirable. Finn must demonstrate the ability to begin operations immediately upon Notice to Proceed. LICENSE AND PROFESSIONAL REQUIREMENTS. The Acquisition Consultant should be a member of the board of Realtors or a Participating broker, and must have access to Multilisting real property data services. The Real Estate Acquisition Consultant must be registered under the laws of Florida to perfonn real estate services required for this project. Proof of having a current Florida Real Estate Brokers license under laws of Florida Statute 475 must accompany this RFP. The Consultant finn shall be registered in good standing with the Florida Real Estate Commission. 1. The Consultant must be administratively and technically prequalified to perfonn Right of Way Services by the Florida Department of Transportation, (FDOT) in Major Work Groups 20.1 (Appraisal), 21.0 (Acquisition, Negotiations, Closing and Order of Taking), 24.0 (Relocation Assistance), and 25.0 (Property Management, Clearing and Leasing), which includes Environmental Compliance. 2. The Acquisition Consultant Project Manager who will be responsible for the project must have ten years experience in real estate acquisition or Right of Way experience in publicly sponsored and funded acquisition projects, and must have a current Florida real estate license. CA-7 .. - - ..'._- ""'---,~~-'-^.. -- - EXHIBIT "B" . BOYNTON BEACH Position Hourly Rate (Loaded) Project Manager $ 126.88 Appraiser $ 150.00 Associate Appraiser $ 115.00 Acquisition Project Manager $ 1 00.00 Acquisition Agent $ 90.17 .. Relocation Project Manager $ 98.94 .. Relocation Agent $ 72.13 Property Management Agent $ 59.49 .. Administrative Assistant $ 48.85 ... .. An escalation factor of three percent (3%) would be applied annually beginning .. one year from the execution date of the contract. ... UNIT RATES .. As mentioned above, unit rates would be formulated based on the hourly rates .. set forth above. The degree of difficulty would be considered in establishing a .. unit price, e.g., for acquisition, vacant properties are typically less costly than .. improved properties and for relocation, the unit rate for a personal property only .. move would be less than that for a residential or business move. Another consideration when establishing unit rates would be time frames for performance. .. For example, if there are only a few parcels to be acquired on a project and they .. must be acquired within a relatively short time period, the situation may allow for .. a lower unit rate to be established. .. SUB-CONSUL TANTS .. lit Our primary sub-consultant is Advanced Asset Management, Inc., as James .. Nardi would be serving as Acquisition Proje,ct Manager. His hourly rates are included in the chart above and would be considered when establishing unit lilt rates. We also have Adrian Gonzalez and Associates, P.A. available for any .. appraisal or appraisal review work that may be necessary. The scope did not .. require any appraisal work yet did require pre-qualification by FOOT for Work .. Group 20.0 (Appraisal Services). Mr. Gonzalez's rates are also included in the chart above. .. .. Additional sub-consultants available for use under this contract are Paramount .. Title Services, Inc. and Universal Land Title, Inc. Their rates would not be hourly but would be unit rates; title report prices vary depending on how .. extensively the title must be researched, i.e., whether a search of the records for .. lit .. @) EarthTech .. A Tyco International Ltd. Company -- . . CITY OF . . . ... BOYNTON BEACH the last thirty (30) years per the Marketable Title Record Act (MTRA) would be sufficient or if a more in-depth search is required. Sub-Consultant Product Unit Rate Paramount Title Services, Inc. Ownership and $ 200 encumbrance report Title report (going back $ 400 before MTRA) Title updates $ 25 Universal Land Title, Inc. Ownership and $ 175 encumbrance report (includes two updates) Conduct closing $ 1 00 - $ 150 As mentioned in Section 3 of this proposal, Paramount Title Services has extensive experience in preparing title reports for acquisition projects while Universal Land Title, Inc. is a respected name in the business and is local to Boynton Beach, enabling dollars to be channeled back into the community. @) EarthTech. A ¡yea InternalionalUd Company 3 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City CormnissiOll Date Final Form Must be Turned Requested City CammissiOll Date Final Form Must be Turned in Meetine: Dates in to Citv Clerk's Office Meetine: Dates to Citv Clerk's Office o August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19, 2005 (Noon) o August 16, 2005 August 1, 2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) [8 September 6, 2005 August IS, 2005 (Noon) o November 1, 2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to authoñze approval of Library State Aid Grant Application. EXPLANATION: The State requires that each year, the City Commission authorize the Grant Application for Library State Aid. The Library Advisory Board recommended its approval. PROGRAM IMPACT: Approval will qualify the Library to receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. FISCAL IMPACT: State Aid Grants bring additional library resources to the community. Grant fonnulas are based on local funds invested in library service. The more local money spent on Library services, the higher the grant amounts. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. t/t<~~ ~~ Department ea(l's SIgnature CIty Manager's Signature Library ~~ Department Name &ty Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II I 1 RESOLUTION NO. R 05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING EXECUTION OF THE LIBRARY 6 STATE AID GRANT AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND FLORIDA 8 DEPARTMENT OF STATE, DIVISION OF LIBRARY 9 AND INFORMATION SERVICES; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the 14 Grant Application for Library State Aid each year; and I 15 WHEREAS, upon recommendation of staff, the City Commission has detennined 16 that it is in the best interests of the residents of the City to authorize execution of the Library 17 State Aid Grant Agreement with the Florida Department of State, Division of Library and 18 Infonnation Services. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorizing execution of the Library State Aid Grant Agreement with Florida 26 Department of State, Division of Library and hlfonnation Services, which is attached hereto 27 as Exhibit "A". 28 Section 3. This Resolution shall become effective immediately upon passage. 29 S:\CA\RESO\Agreements\Grants\Library State Aid Grant 200S.doc II II I 1 PASSED AND ADOPTED this _ day of September 2005. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk ~~ 25 S:\CA\RESO\Agreements\Grants\Library State Aid Grant 200S.doc ~ Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) CITY OF BOYNTON BEACH (Name of library governing body) Governing body for BOYNTON BEACH CITY LIBRARY (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (Le., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. If the Grantee expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions Page 1 of 4 of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: - a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. -.. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee Page 2 of 4 hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another govemmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Sronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library Page 3 of 4 administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. - THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Florida Department of State Chief Executive Officer Division of Library and Information Services MAYOR GERALD S. TAYLOR Typed Name Typed Name Date Date Clerk or Chief Financial Officer Witness JANET M. PRAINITO. CITY CLERK Typed Name and Title of Official Date Date ... Page 4 of 4 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office o August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19,2005 (Noon) o August 16,2005 August 1,2005 (Noon) o October 18, 2005 October 3,2005 (Noon) ø September 6, 2005 August 15,2005 (Noon) o November 1,2005 October 17,2005 (Noon) o September 20, 2005 September 6,2005 (Noon) o November 15,2005 October 31,2005 (Noon) ~, " ~~ ':..1. ......." :) ; 0 Administrative 0 Development Plans ' ) ---- ) ø 0 ....-- NATURE OF Consent Agenda New Business , AGENDA ITEM 0 0 "'-';", . '1-~' Public Hearing Legal .. (-') -...- ,~¡'-.... 0 Bids 0 Unfinished Business -- --I .. ; i r~:~) 0 0 - .--;'01 Announcement Presentation (~)~ G> ~- . '-. .- i'in 0 City Manager's Report :¡: RECOMMENDATION: Motion to approve and authorize execution of Task Order no. U-04-18-2 by Resolution with Stanley Consultants for furnishing services associated with the development of the Utilities system base map. The Task Order fee will be a not-to- exceed upper limit of $96,637. EXPLANATION: The Utilities Department currently uses a series of maps and plans to locate and define its underground piping networks. These plans are in various paper and electronic formats, but with the advent of network data communications and robust portable computers, the Department sees the need to complete an electronic base map for its piping network in both an AutoCad and GIS format. The current maps for both formats are incomplete and therefore have limited usefulness. This task order has 4 distinct sub-tasks to be performed by the consultant, which are: 1. Developing a Computer Aided Design (CAD) standard for the submission of new project "as-built" plans electronically. This standard will be designed to simplify the conversion and use of the electronic drawings into the City's GIS. 2. Developing a process or work flow to convert existing CAD or scanned plans into the current base map. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 3. Completing the conversion process for all electronic and scanned plans, up to the maximum funding limits imposed. 4. Training City staff in the conversion process. This work is scheduled to be completed with 225 days of the notice to proceed. PROGRAM IMPACT: The completed project would yield a comprehensive, completed, and readily accessible base map, for use on the City's intranet, and in a format available to field operations staff equipped with portable computers. FISCAL IMPACT: The upper limit cost of this Task Order is $96,637. Funds for this activity are available in accounts 403-5000-590-96-10 (WTR 017) and 403-5000-590-96-04 (SWR 011). ALTERNATIVES: Continue to an incomplete electronic mapping system, or attempt to develop this map in-house over the course of several years. We have found that the City staff does not possess the particular expertise to develop a CAD standard and work flow, which makes the option to complete this task in-house unlikely. N1-' ~)~- ~c-_~ ~ Department H~aiure >ç ~ UTILITIES Department Name XC: Peter Mazzella (w/copy of attachments) Barbara Conboy " Mary Munro, Finance Dept. " City Attorney " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II I 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. U-04-18-2 IN AN AMOUNT NOT TO 6 EXCEED $96,637.00 TO STANLEY CONSUL l' ANTS, 7 FOR SERVICES ASSOCIATED WITH THE 8 DEVELOPMENT OF THE UTILITIES SYSTEM BASE 9 MAP; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 13 WHEREAS, the Utilities Department currently uses a series of maps and plans to 14 locate and define its underground piping networks; and 15 WHEREAS, the Utilities Department sees the need to complete an electronic base 16 map for its piping network in both an AutoCad and GIS format. The current maps for both 17 formats are incomplete and therefore have a limited usefulness; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon 19 recommendation of staff, deems it to be in the best interest of the citizens of the City of 20 Boynton Beach to authorize execution of Task Order U04-18-2 in an amount not to exceed 21 $96,637.00 to Stanley Consultants. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the approval and execution of Task Order U04-18-2 in an amount 29 not to exceed $96,637.00 to Stanley Consultants, for services associated with development of S:ICAIRESOlAgreerrentslTask . Change OrderslStanley - Task Order U04-18-2.doc II I 1 the Utilities system base map. 2 Section 3. This Resolution shaH become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of September, 2005. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 ATTEST: 23 24 25 City Clerk I 26 I S:ICAIRESOlAgreementslTask - Change OrderslStanley - Task Order U04-18-2,doc I TASK ORDER NO. U04-18-2 City of Boynton Beach Utilities Mapping Stanley Consultants This task order falls under the Agreement for General Consulting and Engineering Services between City of Boynton Beach and Stanley Consultants, Inc., Scope D - Ancillary Studies and Services, dated November 18, 2003. A. Background From 1994-1998, the City of Boynton Beach, Florida (CLŒNT) purchased aerial photogrammetry to survey manholes, storm inlets, hydrants and other utility features. Working from the survey locations and utility as-built maps, City technicians built a base map layer of City utilities. The utilities base map includes water, storm, and sanitary sewer utilities. The AutoCAD base maps are composed of individual AutoCAD dwg files that represent the utilities within one square mile (one section). There are some utilities base map sections within the City that have not been improved beyond the surveyed point locations of manholes, storm inlets, and hydrants. The procedure of adding line size, location, and other features from the as-built drawings to develop a layer of utility pipes remains to be completed for these sections. Many new construction developments have occurred since 1994. The Utility Department assumes ownership of the water, storm, and sanitary utilities upon completion and acceptance of construction. The developers have provided their plans to the Utility Department in AutoCAD format, but these plans have not been incorporated into the utilities base maps. All changes to the utilities infrastructure have been documented on as-built drawings. The City maintains a scanned set of the as-built drawings in TIFF format in their Laser-fiche system. These drawings are not currently georeferenced to a coordinate system. Objective The objective of this work is for Stanley Consultants (CONSULTANT) to assist the City's Utilities Department by bringing their utilities base maps up to date and positioning them for incorporating future development into the base maps. B. Scope of Work This scope of work has four primary components: 1. Develop a Computer Aided Design (CAD) standard for developer submittals; 2. Develop a proposed work flow for updating the base maps; City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page ] of 5 3. Incorporate the new developments into the base maps, complete the utilities base maps, and convert the base maps into a format that can be readily converted to GIS (ESRI shapefiles); and 4. Train the Utilities Department CAD Technicians how to incorporate future developer submittals into the base maps. Task 1 - Develop CAD Standards CONSULTANT shall develop an AutoCAD standard for developer submittals. The standard shall include layer naming, colors, and line weights for water, storm, and sanitary sewer utilities. Items to be incorporated into the standard include water mains, water valves, fire hydrants, flow meters, backflow preventers, storm sewers, storm water intakes (catch basins), outfalls, sanitary sewers, and manholes. The standard will be developed for up to two release levels of AutoCAD, AutoCAD Map, and AutoCAD Land Development. Specific release levels shall be determined by the CLIENT. CONSULTANT shall develop the AutoCAD standard based on input from the Utilities Department, available industry standards, and CONSULTANT's own experience with other clients. CONSULTANT shall submit a draft standard for CLIENT review, attend one review meeting, incorporate CLIENT comments, and submit a final standard for use on the remainder of the project. Deliverables: The following deliverables will include an AutoCAD profile and any system data required to support the profile such as plotting, line style and shape files. A written description of the standard as well as implementation instructions will be included. CONSULTANT shall submit a preliminary version of the CAD Standard for review by the CLIENT and will incorporate CLIENT comments prior to the final submittal. Schedule: l. Prefinal AutoCAD standard: 30 days following Notice To Proceed (NTP). 2. Final AutoCAD standard: 30 days following receipt of draft review comments. Task 2 - Develop Work Flow CONSULTANT shall investigate existing base maps, as-builts, and available developer submittals to develop a proposed work flow for completing the work. A one day meeting shall be held in the CLIENT's office to interview CLIENT staff and develop an understanding of their current abilities and software and what software and procedures are required to meet their needs. The proposed work flow shall incorporate: City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 2 of 5 1. Completing existing base maps where required, 2. Converting available developer submittals to the final AutoCAD standard and incorporating in the base maps. Approximately 102 developer submittals have been identified by CLIENT; and 3. Georeferencing the scanned as-builts. The preliminary understanding is that the final product will be in AutoCAD Map format. The format shall allow for conversion to GIS format by City staff. All sections will be incorporated into an AutoCAD Map supported workspace (no longer broken into unmanaged separate files for each section). As part of this task, CONSULTANT shall estimate the work required to carry out the work flow for the entire service area. CLIENT may elect to have CONSULTANT perform only a portion of the work based on budget constraints. Deliverables: 1. Technical Memorandum of the proposed work flow. 2. One (1) flow chart illustrating the proposed work flow. 3. Estimate of hours and fee to complete Task 3. 4. Up to two (2) review meetings with CLIENT staff to review and approve the proposed work flow. Schedule: 1. Technical Memorandum, flow chart, and estimate to complete Task 3: 45 days following NTP. Task 3 - Completion of Base Maps CONSULTANT shall complete the work flow proposed in Task 2 for the data made available by CLIENT, up to the funding limit imposed by the Maximum Limiting Amount. Deliverab1es: 1. Updated electronic base maps. Schedule: Complete work up to Maximum Limiting Amount within 180 days following work flow approval. Task 4 - Training CONSULTANT shall provide training for CLIENT staff on how to incorporate future developer submittals based on the work flow developed during the course of this City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 3 of 5 project. Training shall take the form of 2 days of initial training in CLIENT's office, followed by up to 6 half-day follow-up sessions for a duration of 6 months. CONSULTANT shall also be available for phone and email questions by CLIENT staff for the same 6 month period, not to exceed 50 inquiries. Deliverables: l. Initial two day training. 2. Six, half-day follow-up sessions. 3. Fifty (50) phone or email responses. Schedule: Duration of 6 months following initial training. Services To Be Provided By CLIENT l. Access to CLIENT's GIS and CAD data including utilities base maps, scanned as- builts, and contractor submittals. 2. Access to CLIENT's staff to discuss data needs, work flow, and provide training. 3. Prompt review of draft submittals. Comments shall be returned to CONSULTANT within IS days of receipt of draft submittal. Additional Services The following Additional Services are not included in Basic Services and are at CLIENT'S option. These services, if exercised by CLIENT and agreed to by CONSULTANT, shall be paid for in addition to compensation for Basic Services. CONSULT ANT is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by CLIENT. l. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify accuracy of drawings or other information furnished by CLIENT. 2. Scanning or digitizing paper maps for incorporation into the utilities mapping project. 3. Conducting a GIS needs assessment for various City departments. City has expressed desire to have an integrated standard for contractor submittals that would include Planning and Zoning, Fire Department, GIS, and other city departments. 4. Converting updated AutoCAD utilities base maps into ESRI GIS format. 5. Updating utilities base maps with additional data beyond the water, storm, and sanitary sewer utilities. Additional data includes planimetrics, building outlines, trees, streets, parking lots, back of curb, right-of-way lines, survey monumentation, or topography (elevation contours). 6. Development of a GIS interface to replace the GISMO system, including internet based mapping solutions. 7. Building a water, storm, or sanitary system model such as WaterCAD, XP-SWMM, etc. City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 4 of 5 Compensation CLIENT shall compensate CONSULTANT according to the manhour estimate attached as Exhibit 1 and summarized below: Task 1 - Develop CAD Standards $ 19.227 (lump sum) Task 2 - Develop Work Flow $ 19.515 (lump sum) Task 3 - Completion of Base Maps $ 40,000 (Maximum Limiting Amount) Task 4 - Training $ 17,625 (Maximum Limiting Amount) APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2005 SUBMITTED BY: STANLEY CONSULTANTS, INe. <: By: Tshaka E. Dennis, P.E. Vice President City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 5 of 5 City of Boynton Beach Utilities Mapping Stanley Consultants Fee Estimate Task 1 - Develop CAD Standards DIRECT LABOR Hours Rates Amount Pro'ect Princioal 4 $140,80 $563.20 Pro'ect Enoineer 20 $108.25 $2,165.00 GIS Soecialist 124 $108.25 $13,423.00 Graohics Soecialist 0 $73.75 $0.00 Clerical 16 $54.00 $864.00 Subtotal 164 $17,015 Exoenses 8.00% $1,361 Contlnaenc 5.00% $851 TOTAL COST $19,227 8/5/2005 1013 City of Boynton Beach Utilities Mapping Stanley Consultants Fee Estimate Task 2 . Develop Work Flow DIRECT LABOR Hours Rates Amount Proiect Princioal 4 $140,80 $563.20 Project Enaineer 42 $108.25 $4,54650 GIS Soecialisl 88 $108.25 $9,526.00 Graohics Soecialist 24 $73.75 $1,770.00 Clerical 16 $54.00 $864.00 Subtotal 174 $17,270 Exoenses 8.00% $1,382 Contlnoenc 5,00% $863 TOTAl COST $19,515 8/5/2005 2 of 3 City of Boynton Beach Utilities Mapping Stanley Consultants Fee Estimate Task 4 . Training DIRECT LABOR Hours Rates Amount Pro'ect Princioal 4 $140.80 $563.20 Pro'ect Enoineer 8 $108.25 $866.00 GIS SDecialist 112 $108.25 $12,124.00 GraD hies SDecialist 16 $73.75 $1,180.00 Clerical 16 $54.00 $864 .00 Subtotal 156 $15,597 EXDenses 8.00% $1,248 Contlnaenc 5.00% $780 TOTAL COST $17,625 8/5/2005 3 of 3 TASK ORDER NO. U04-18-2 City of Boynton Beach Utilities Mapping Stanley Consultants This task order falls under the Agreement for General Consulting and Engineering Services between City of Boynton Beach and Stanley Consultants, Inc., Scope D - Ancillary Studies and Services, dated November 18, 2003. A. Background From 1994-1998, the City of Boynton Beach, Florida (CLIENT) purchased aerial photogrammetry to survey manholes, storm inlets, hydrants and other utility features. Working from the survey locations and utility as-built maps, City technicians built a base map layer of City utilities. The utilities base map includes water, storm, and sanitary sewer utilities. The AutoCAD base maps are composed of individual AutoCAD dwg files that represent the utilities within one square mile (one section). There are some utilities base map sections within the City that have not been improved beyond the surveyed point locations of manholes, storm inlets, and hydrants. The procedure of adding line size, location, and other features from the as-built drawings to develop a layer of utility pipes remains to be completed for these sections. Many new construction developments have occurred since 1994. The Utility Department assumes ownership of the water, storm, and sanitary utilities upon completion and acceptance of construction. The developers have provided their plans to the Utility Department in AutoCAD format, but these plans have not been incorporated into the utilities base maps. All changes to the utilities infrastructure have been documented on as-built drawings. The City maintains a scanned set of the as-built drawings in TIFF format in their Laser-fiche system. These drawings are not currently georeferenced to a coordinate system. Objective The objective of this work is for Stanley Consultants (CONSULTANT) to assist the City's Utilities Department by bringing their utilities base maps up to date and positioning them for incorporating future development into the base maps. B. Scope of Work This scope of work has four primary components: 1. Develop a Computer Aided Design (CAD) standard for developer submittals; 2. Develop a proposed work flow for updating the base maps; City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 1 of5 3. Incorporate the new developments into the base maps, complete the utilities base maps, and convert the base maps into a format that can be readily converted to GIS (ESRI shapefiles); and 4. Train the Utilities Department CAD Technicians how to incorporate future developer submittals into the base maps. Task 1 - Develop CAD Standards CONSULTANT shall develop an AutoCAD standard for developer submittals. The standard shall include layer naming, colors, and line weights for water, storm, and sanitary sewer utilities. Items to be incorporated into the standard include water mains, water valves, fire hydrants, flow meters, backflow preventers, storm sewers, storm water intakes (catch basins), outfalls, sanitary sewers, and manholes. The standard will be developed for up to two release levels of AutoCAD, AutoCAD Map, and AutoCAD Land Development. Specific release levels shall be determined by the CLIENT. CONSULTANT shall develop the AutoCAD standard based on input from the Utilities Department, available industry standards, and CONSULTANT's own experience with other clients. CONSULTANT shall submit a draft standard for CLIENT review, attend one review meeting, incorporate CLIENT comments, and submit a final standard for use on the remainder of the project. Deliverables: The following deliverables will include an AutoCAD profile and any system data required to support the profile such as plotting, line style and shape files. A written description of the standard as well as implementation instructions will be included. CONSULTANT shall submit a preliminary version of the CAD Standard for review by the CLIENT and will incorporate CLIENT comments prior to the final submittal. Schedule: 1. Prefinal AutoCAD standard: 30 days following Notice To Proceed (NTP). 2. Final AutoCAD standard: 30 days following receipt of draft review comments. Task 2 - Develop Work Flow CONSULTANT shall investigate existing base maps, as-builts, and available developer submittals to develop a proposed work flow for completing the work. A one day meeting shall be held in the CLIENT's office to interview CLIENT staff and develop an understanding of their current abilities and software and what software and procedures are required to meet their needs. The proposed work flow shall incorporate: City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 2 of 5 · . 1. Completing existing base maps where required, 2. Converting available developer submittals to the final AutoCAD standard and incorporating in the base maps. Approximately 102 developer submittals have been identified by CLIENT; and 3. Georeferencing the scanned as-builts. The preliminary understanding is that the final product will be in AutoCAD Map format. The format shall allow for conversion to GIS format by City staff. All sections will be incorporated into an AutoCAD Map supported workspace (no longer broken into unmanaged separate files for each section). As part of this task, CONSULTANT shall estimate the work required to carry out the work flow for the entire service area. CLIENT may elect to have CONSULTANT perform only a portion of the work based on budget constraints. Deliverables: 1. Technical Memorandum of the proposed work flow. 2. One (1) flow chart illustrating the proposed work flow. 3. Estimate of hours and fee to complete Task 3. 4. Up to two (2) review meetings with CLIENT staff to review and approve the proposed work flow. Schedule: 1. Technical Memorandum, flow chart, and estimate to complete Task 3: 45 days following NTP. Task 3 - Completion of Base Maps CONSULTANT shall complete the work flow proposed in Task 2 for the data made available by CLIENT, up to the funding limit imposed by the Maximum Limiting Amount. Deli verables: 1. Updated electronic base maps. Schedule: Complete work up to Maximum Limiting Amount within 180 days following work flow approval. Task 4 - Training CONSULTANT shall provide training for CLIENT staff on how to incorporate future developer submittals based on the work flow developed during the course of this City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 3 of5 · . project. Training shall take the form of 2 days of initial training in CLIENT's office, followed by up to 6 half-day follow-up sessions for a duration of 6 months. CONSULTANT shall also be available for phone and email questions by CLIENT staff for the same 6 month period, not to exceed 50 inquiries. Deliverables: l. Initial two day training. 2. Six, half-day follow-up sessions. 3. Fifty (50) phone or email responses. Schedule: Duration of 6 months following initial training. Services To Be Provided By CLIENT l. Access to CLIENT's GIS and CAD data including utilities base maps, scanned as- builts, and contractor submittals. 2. Access to CLIENT's staff to discuss data needs, work flow, and provide training. 3. Prompt review of draft submittals. Comments shall be returned to CONSULTANT within 15 days of receipt of draft submittal. Additional Services The following Additional Services are not included in Basic Services and are at CLIENT'S option. These services, if exercised by CLIENT and agreed to by CONSULT ANT, shall be paid for in addition to compensation for Basic Services. CONSULTANT is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by CLIENT. l. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify accuracy of drawings or other information furnished by CLIENT. 2. Scanning or digitizing paper maps for incorporation into the utilities mapping project. 3. Conducting a GIS needs assessment for various City departments. City has expressed desire to have an integrated standard for contractor submittals that would include Planning and Zoning, Fire Department, GIS, and other city departments. 4. Converting updated AutoCAD utilities base maps into ESRI GIS format. 5. Updating utilities base maps with additional data beyond the water, storm, and sanitary sewer utilities. Additional data includes planimetrics, building outlines, trees, streets, parking lots, back of curb, right-of-way lines, survey monumentation, or topography (elevation contours). 6. Development of a GIS interface to replace the GISMO system, including internet based mapping solutions. 7. Building a water, storm, or sanitary system model such as WaterCAD, XP-SWMM, etc. City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 4 of 5 · . Compensation CLIENT shall compensate CONSULTANT according to the manhour estimate attached as Exhibit 1 and summarized below: Task 1 - Develop CAD Standards $ 19,227 (lump sum) Task 2 - Develop Work Flow $ 19.515 (lump sum) Task 3 - Completion of Base Maps $ 40,000 (Maximum Limiting Amount) Task 4 - Training $ 17,625 (Maximum Limiting Amount) APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2005 SUBMITTED BY: STANLEY CONSULTANTS, INe. <C By: Tshaka E. Dennis, P.E. Vice President City of Boynton Beach WO #2 - Base Mapping R2 Revised.doc Page 5 of5 · . City 01 Boynton Beach Utilities Mapping Stanley Consultants Fee Estimate Task 1 . Develop CAD Standards DIRECT LABOR Hours Rates Amount Proiect PrinciDal 4 $140.80 $563.20 Proiect Enaineer 20 $10825 $2,165.00 GIS Soecialist 124 $108.25 $13,423.00 GraDhics SDecialist 0 $73.75 $0.00 Clerical 16 $54.00 $864.00 Subtotal 164 $17,015 EXDenses 8.00% $1,361 Contlnaencv 5.00% $851 TOTAL COST $19,227 8/5/2005 1 of 3 · . City 01 Boynton Beach Utilities Mapping Stanley Consultants Fee Estimate Task 2 - Develop Work Flow DIRECT LABOR Hours Rates Amount Pro'ect Principal 4 $140.80 $563,20 Pro'ect Enoineer 42 $108,25 $4,546,50 GIS SOAcialist 88 $108.25 $9,526.00 Graohics Soecialist 24 $73,75 $1,770,00 Clerical 16 $54,00 $864.00 Subtotal 174 $17 ,270 Exnenses 8,00% $1,382 Contlnnenc 5.00% $863 TOTAL COST $19,515 8/5/2005 2 of 3 . . City 01 Boynton Beach Utilities Mapping Stanley Consultants . Fee Estimate Task 4 - Training DIRECT LABOR Hours Rates Amount Project PrinciDal 4 $140.80 $563.20 Pro·eet Enoineer 8 $108.25 $866.00 GIS Soecialist 112 $108.25 $12,124.00 Graohics Soecialist 16 $73.75 $1.180.00 Clerical 16 $54.00 $864.00 Subtotal 156 $15,597 Exoenses 8.00% $1,248 Contlnaencv 5.00% $780 TOTAL COST $17,625 8/5/2005 3 of 3 VI. -CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5 AGENDA ITEM REQUEST FORIVI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19, 2005 (Noon) o August 16, 2005 August 1,2005 (Noon) o October 18, 2005 October 3,2005 (Noon) ',.') -- '--1 , " [8J September 6, 2005 o November 1,2005 October 17, 2005 (N~) -, August IS, 2005 (Noon) o September 20, 2005 o November 15,2005 Ç) September 6, 2005 (Noon) October 31, 2005 (No.ou) ;.';) ;"') CJ ,- -':J '", 0 Administrative 0 Development Plans - ,¡W NATURE OF [8J Consent Agenda 0 New Business . . ---r'q .- C?> AGENDA ITEM 0 Public Hearing 0 Legal \:.:¡ . ., ("') -,- 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve the purchase of property owned by Eddie and Thelma Durham, located at 234 N.W. 10th Avenue for the appraised value of$75,000. EXPLANATION: The acquisition of this property will benefit the City's redevelopment efforts within the "Heart of Boynton". Purchasing at a later date would be more expensive since we can expect the continuing increase of property values in our community. It also allows interested parties to offer more than the appraised value to the current property owners PROGRAM IMPACT: The property is directly adjacent to Sara Sims Park, and the acquisition will have a positive impact on future park improvements. FISCAL IMP ACT: Purchasing this property at this time is very cost effective since it is not occupied, and there are no relocation costs. Funding is available through the use of the reserve for parks and recreational facilities trust fund (acct. #141-2731-572-61-01). ALTERNATIVES: Do not purchase the property. ,~s Signature Recreation & Parks CA{~ Department Name tty ttomey mance uman Resources S:\BULLETlMFORMS\AGENDA ITEM REQUEST FORM.DOC · Q) ~ "<t r...: I'- II .!: ...... ~ "- CO a.. en E -- CJ) CO "- CO CJ) z.ø ~ JOHNSON, PARRISH & PARRISH, INC. Valuation Section UNIFORM RES.IDENTIAL APPRAISAL REPORT File No. B5187-04 ESTIMATED SITE VAlUE. . . .. ...........,.. ... . . ... = $ Comments on Cost Approach (such as, source of cost estimate, ESTIMATED REPRODUCTION COST-NEWOF IMPROVEMENTS: site value. square foot calculation and for HUD, VA and FmHA, the Dwelling Sq. Ft. @ $ _ = $ estimated remaining economic life of the property): Sq. Ft. @$ = GIVEN THE AGE OF THE IMPROVÈMENTS ESTIMATING . - = THE AMOUNT OF DEPRECIATION WOULD BE DIFFICULT : Garage.Çapat Sq. Ft. @ $ = AND UNRELIABLE AS A RESULT THE COST APPROACH : Total Estimated Cost New . .. .. . ..~. = $ WHILE CONSIDERED WAS NOT BEEN USED IN less -=:::J Functional I External Est. Remaining Econ. lñe: VALUING THE SUBJECT PROPERTY. . Depeåation . = $ 0 OepreclatedVelueoflmprovemenls ................... = $ 0 'As-/s' Value of Site improvements. . . . . . . . . . . , . . . . . .. = $ INDICATEDVALUEBYCOSTAPPROACH........... = 0 ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO. 2 COMPARABlE NO. 3 234 NW 10TH AVENUE 1491 NW 3RD STREET 403 NE 11TH AVENUE 527 NW 10TH AVENUE Address BOYNTON BEACH FL BOYNTON BEACH FL BOYNTON BEACH FL BOYNTON BEACH FL Proxim . to Sub eel 1 MILENORTH .25 MILES EAST.25 MILES WEST Sales Price $ $ $ 89 999 PriceIGrossUV.....ee 0.00 ø $ 87.99 ø $ 127.27 ø $ 104.89 ø Data and/or MLSIISc/PUBLlc RECORD MLSIISc/PUBLlc RECORD ISc/MLSIPUBLlc RECORD Verification Sources VALLeAIJJ.JS'JtÆNTS DESCRIPTION DESCRIPTION DESCRIPTION SalesorFlnancíng FIXED cONV. MTG. cONV. MTG. 0 Concèsslons 91 000 100 200 71 900 Data of SalelTlme 11/03: 3 000 6104 : 7/04 : lotalion SUBURBAN SUBURBAN SUBURBAN I..easehci!.f'ee FEE: FEE : FEE : Site 7100SF A fOX : -4300 11250SF : -10 000 5100SF : -1500 VIew RESIDENTIAL RESIDENTIAL RESIDENTIAL Das nandA eal COTTAGE: COTTAGE: COTTAGE: otCc:JrmJcOOn cB STUCCO: cB STUCCO: cB STUCCO : 44YRS/EFF 22 \ ' 43YRS/EFF 15 \ ' 48YRSÆFF 20 AVERAGE I: 4000 GOOD I : -7500 AVGIGOOD : 1ot11 I 8chnI I e.ths ToI:II I Brtma I BIIh : ToW I BchnI I Baths : : 4: 2: 1.00 5: 3: 1.00' 5: 3: 576 S .Ft. 966 S .Ft.: -15600 : -12 100 : -11 300 NONE NONE , NONE NONE' , , TYPICAL TYPICAL : : : NONE CENTRAL: : : -1500 . TYPICAL TYPICAL NONE NONE: : : OPN POR 20SF PORCH 192 '-1,500: ' NOADJ. NONE NONE NONE STORAGE 110 : : : STORM SIfITRS NONE : : 1 000 Net Ad. total I."~ - 0 $ 13 300 Adjusted Sales Price of Co arable ~ __ _~ $ 67 000 $ $ 76 699 Comments on Sales Comparison (Including the subject property's compatibility to the neighborhood. etc. ): ITEM SUBJECT COMPARABLE NO. t COMPARABLE NO.2 COMPARABLE NO.3 Date, PrIce and Data NIA SOLD 4/04 FOR $30,000 SOLD 10/02 FOR $78,000 SOLD 1/02 FOR $47,200 Sotne for prior sales v.thIn of Anelysls of any current agreement of sale, option, or listing of the subject property and analysis of any prior sales of subjecl and ~ -Mthin one year of the date of ap¡raisaI: THE SUBJECT RESIDENCE IS NOT CURRENTLY UNDER CONTRACT OR LISTED FOR SALE. ODid ŒJDid Not Inspect Property STATE REG. TRAINEE AP State FL RI4240 Slate FL ~.... Farm 101M s.æ AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is made and entered into as of the _ day of _, 2005, by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter the "Buyer") and Eddie W. Durham and Thelma Durham, husband and wife (hereinafter the "Seller"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definitions. The following tenns when used in this Agreement shall have the following meanings: 1.1 BuYer. City of Boynton Beach, a Florida municipal corporation with a mailing address of 100 E Boynton Beach Boulevard, Boynton Beach, Florida 33425. 1.2 Closing. The delivery of the General Warranty Deed to Buyer concurrently with the delivery of the Purchase Price to Seller. 1.3 Closing Date. The date of the Closing as detennined in accordance with Paragraph 10 below. 1.4 Effective Date. The date that this Agreement is executed by the last party to sign it. 1.5 Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 1.6 Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, ftanchise, pennit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.7 Property. That certain real property located at 234 NW 10th Avenue, Boynton Beach, Florida 33435, and more particularly described on Exhibit "A" attached hereto and made a part hereof, together with all improvements, property rights, easements, privileges and appurtenances thereto. 1.8 Purchase Price. The price the Buyer shall pay the Seller for the Property as more fully set forth in Paragraph 3 below. 1.9 Seller. Eddie W. Durham and Thelma Durham, his wife, with a 1 mailing address of 101 Ocean Parkway, Boynton Beach, Florida 33435. 1.10 Title Commitment. A title insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and/or recording of other closing documents. 1.11 Title Company. The title insurance company, licensed and authorized to conduct business in the State of Florida as selected by Buyer. 1.12 Title Policy. An ALTA Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Pennitted Exceptions. 2.0 Purchase Price. The total Purchase Price for the Property to be purchased by the Buyer, from the Seller, is the sum of Seventy Five Thousand and 00/100 ($75,000.00) Dollars and the Buyer's obligations to close shall be contingent on the satisfaction of the following conditions: 2.1 Approval of this Agreement by the City Commissioner of the City of Boynton Beach, on or before September 16, 2005. 2.2 Buyer's receipt of an acceptable appraisal for the Property. 3.0 Inspections Buyer shall have 30 days to make any inspections it deems necessary (the "Inspection Period"). During the Inspection Period, Buyer may detennine that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. This Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit, at it's discretion, a Phase IT Environmental Audit for which it will be granted an additional sixty (60) days for inspections. In the event that any inspections and any review of documents conducted by the Buyer relative to the Property during the period prior to the Closing Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to tenninate this Agreement by providing written notice to Seller and receive an immediate refund of all deposits plus interest paid hereto or proceed to closing as set forth herein and the Property will be purchased from Seller in "as is" condition. 4.0 Evidence of Title. 4.1 Delivery of Title Commitment. Within twenty (20) calendar days subsequent to the Effective Date, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's attorney within ten (10) days of receipt of the title commitment. 4.2 Marketable Title. Seller shall convey marketable title to the Property, 2 subject to the Pennitted Exceptions. Marketable Title shall be determined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from the date of receiving the Title Commitment to examine the commitment. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing of the specific title defects. If Seller has not received written notice from Buyer of a title defect, Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's notice of the title defects shall include a statement of how the defects should be cured. If said defects render title unmarketable (other than encumbrances that would otherwise be paid at closing), Seller shall have fifteen (15) days from receipt of notice within which to remove said defects, providing that Seller shall not be obligated to spend more than $10,000.00 or initiate litigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful in removing such defects within said time, Buyer shall have the option of either accepting the title in its existing condition without a reduction of the Purchase Price, or of terminating this Agreement by sending written notice of termination to Seller within ten (10) days after being notified by Seller that Seller was unsuccessful in removing such defect(s). Upon the termination of this Agreement, neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use diligent efforts to correct all defects in title, within the time provided therefore, and subject to the limitations stated above. 5.0 Snrvey. Within thirty (30) days of the Effective Date, Buyer may obtain at its expense a survey (the "Survey") of the Property showing all improvements thereon prepared by a land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the legal description so long as any such revision does not result in Seller being required to convey any lands or rights other than those described to be within the Property described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney within the Inspection Period. 6.0 Sel1er'~ Rf'{Ire~ent~tion. Seller hereby represents and warrants to Buyer as of the Effective Date and as ofthe Closing Date as follows: 6.1 Sel1er'~ A nthority. Seller has legal right and ability to sell the Property pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the consummation by Seller of the transaction contemplated by this Agreement is within Seller's capacity and all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its terms. 6.2 No T ,eg~ 1 R~r. The execution by Seller of this Agreement and the consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 3 6.3 No Defa]]lt, Seller is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any portion of the Property. 6.4 Iitle. Seller is the owner of marketable title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Pennitted Exceptions and encumbrances of records which will be paid at Closing. 6.5 T,itigation. There are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any portion of the Property. 6.6 Parties in Possession. There are no parties other than Seller in possession of any portion of the Property as a lessee. 6.7 Seller shall not amend or modify in any way any lease presently in effect relative to the Property. Seller shall not enter into any new leases or encumber the Property in any way without first obtaining the written consent of Buyer. 6.8 B]]yer's Remeilies for ~eller's Misrf'{lresentations. In the event that Buyer becomes aware prior to Closing that any of Seller's warranties or representations set forth in this Agreement are not true on the Effective Date or any time thereafter but prior to Closing, and in the event Seller is unable to render any such representation or warranty true and correct as of the Closing Date, Buyer may either: (a) tenninate this Agreement by written notice thereof to Seller, in which event the parties will be relieved of all further obligations hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and warranty. 7.0 Buyer's Representations. The Buyer hereby represents and warrants to the Seller as of the Effective Date and as of the Closing Date that Buyer has full and complete authority subject to compliance with Chapter 166, Florida Statutes, the City of Boynton Beach Charter and Code of Ordinances, to purchase the Property and to comply with the terms of this Agreement, and the execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its terms. 8.0 Conclitions Prececlent to Closine. Each of the following events or occurrences (the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within said ten (10) day period, Buyer shall have the right to either (a) terminate this Agreement by giving notice thereof to Seller, 4 whereupon Buyer and Seller shall be relieved of all further obligations under this Agreement; or (b) waive the condition and close. 8.1 Re,pre~entation~. The material representations and warranties made by Seller in this Agreement shall be true and correct on the Closing Date subject to the ten (10) day extension provided in Paragraph 9 above. 8.2 Sel1er'~ Oh1ieation~. Seller shall have perfonned all covenants, agreements, and obligations and complied with all conditions required by this Agreement to be perfonned or complied with by Seller prior to the Closing Date. 8.3 Seller shall make available to Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all documents not previously delivered to Buyer which Seller may have in its possession pertaining to the Property including, but not limited to, building plans, architectural plans, building pennits, impact fee assessments, notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, vanance applications/approvals, special exception application/approvals, engineering plans, unrecorded developer agreements, environmental reports, surveys and prior title insurance policies, title commitments, and title exceptions pertaining thereto. 8.4 Seller has no actual knowledge nor has it received any written notice that there has been any discharge of hazardous material at the Property. As used herein, the tenn "Hazardous Material" shall mean any substance, water or material which has been detennined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U. S. Environmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). Buyer must rely on its Environmental reports and assessments as Seller is not aware of Property's environmental condition. 9.0 C1o~ing. The Closing shall occur at a mutually agreed time on or before the expiration of forty-five (45) days from the Effective Date and shall take place at the office of legal counsel representing the Buyer, which such office must be in Broward County, Florida. 10.0 Sel1er'~ Clo~ine nOCllment~. At closing, Seller shall deliver the following documents ("Seller's Closing Documents") to Buyer: 10.1 Gener::!1 Warr::!nty need. The Statutory General Warranty Deed shall be duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee simple title to the Property free and clear of all liens, encumbrances and other conditions oftitle, other than the Pennitted Exceptions and exceptions not duly objected to by Buyer. 10.2 Mechanic'~ Lien Affid::!vit. A mechanic's lien affidavit in the 5 customary form, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental Authority is either in possession of the Property or has a possessory interest or claim in the Property, and (c) no improvements to the Property have been made for which payment has not been made. 10.3 (Tap Affidavit. An affidavit in form and content reasonably satisfactory to the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policy. 10.4 FTRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 10.5 DR-?19 a~ required for reeording. 11.0 Ruyer'~ C;lo~ing Document~. At closing, Buyer shall deliver to Seller a certified copy of the Resolutions, Minutes or Agenda Actions of the pertinent meeting of the City Commissioner showing that Buyer has been authorized to enter into and execute this Agreement and consummate the transaction herein contemplated. 12.0 Closing Procedme. The Closing shall proceed in the following manner: 12.1 Tran~fer ofFund~. Buyer shall pay the balance of the Purchase Price to the Seller by wire transfer to the account of Seller. 12.2 Delivery of Document~. Seller shall deliver Seller's Closing Documents to the Buyer consisting of a statutory General Warranty Deed, Bill of Sale, No- Lien Mfidavit, FIRPT A Affidavit and any documents required to insure Seller conveys marketable title. 13.0 Closing Cost~J Taxe~J Pror::ltion~ and Impact Fees. 13.1 Ad Valorem Taxe~. Seller shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. 13.2 Seller'~ C;lo~ing Cost~, Seller shall pay for the following items prior to or at the time of Closing: Cost of providing marketable title as provided herein; documentary stamps on the Deed. 13.3 Ruyer'~ Closing Co~ts. Buyer shall pay for the following items prior to or at the time of Closing: 6 Recording fees of Deed; title insurance premium; survey costs, appraisal costs, Phase I or Phase II Environmental Assessment Report costs and related expenses. 14.0 Po¡;:¡;:e¡;:¡;:ion. Buyer shall be granted full possession of the Property at Closing. 15.0 Condemnation. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (15) days after receipt by Buyer of the notice :trom Seller either (1) tenninate this Agreement, whereupon Seller and Buyer shall be released of all further responsibility and obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within five (5) business days after Seller's receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released :trom their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all awards in connection with such taking to Buyer. 16.0 Notice, Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confinnation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the nonnal course of business. BUYER: City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Attn: With a copy to: Goren, Cherof, Doody and Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Attention: Donald J. Doody, Esq. Telephone: (954) 771-4500 Fax: (954) 771-4923 Email: ddoody@cityatty com 7 SELLER: Eddie W. Durham and Thelma Durham 101 Ocean Parkway Boynton Beach, Florida 33435 17.0 Default. If the Buyer shall fail or refuse to consummate the transaction in accordance with the tenns and provisions of this Agreement, the deposit and interest shall be forfeited to Seller as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by virtue of such default. In addition to the other remedies which Buyer may have specifically set forth in this Agreement in the event of Seller's default, Buyer shall be entitled to equitable relief to enforce the tenns and conditions of this Agreement either through a decree for specific perfonnance or injunctive relief and damages which shall be the lessor of actual damages or $25,000.00. 18.0 Miscellaneous. 18.1 Counterparts. This Agreement may be executed in any number of counterparts, anyone and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. 18.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both Seller and Buyer. 18.3 Attornevs' Fees. If any party obtains a judgment against any other party by reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment if and as awarded by the Court. 18.4 Governing Law. This Agreement shall be interpreted in accordance with the laws ofthe State of Florida, both substantive and remedial. 18.5 Entire Agreement. This Agreement set forth the entire agreement between Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 18.6 Computation of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the first business day following said legal holiday or non-business day or non- banking day. All time references to "days" shall mean and refer to calendar days. 18.7 Time is of the Essence. Time is of the essence and failure of the Buyer to exercise the option granted hereby on or before the Option Expiration Date shall 8 cause this Agreement to tenninate and be of no further force or effect. The provisions herein contained shall be strictly construed for the reason that both parties intend that all time periods provided for in this Agreement shall be strictly adhered to. 18.8 No Recordine;. This Agreement or any notice or memorandum hereof may not be recorded in the public records of any county in the State of Florida. 18.9 No Rrokers. Seller and Buyer each represent to the other that it has not dealt with any broker, salesperson or agent in connection with the execution and delivery of this Agreement Seller agrees and acknowledges that it shall indemnify and hold Buyer harmless with respect to any and all claims, demands, awards or judgments arising out of the Seller's failure to pay the aforementioned Brokers the commission due as a result of the sale of the Property. This provision shall survive the closing of the contemplated transaction. 18.10 Accfi't:mce of need. The acceptance of the Deed by Buyer shall be deemed full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 18.11 Tnterpret::¡tion. Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the tenns and provisions of this Agreement and that all terms and provisions have been negotiated. 18.12 r::¡ptions, He::¡dines, Ftc Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein. 18.13 W::¡iver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 18.14 No Third P::¡t1y Reneflciary. The terms and provisions of this Agreement are for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any rights, express or implied, upon any third party. 18.15 Radon (ì-::¡s Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines 9 EXHIBIT" A" T ,F.GAT, OF.Sl;RTPTTON The West 12 feet of Lot 14 and all of Lot 15 of HILLTOP VILLAGE, according to the Plat thereof, recorded in Plat Book 24, Page 70 of the Public Records of Palm Beach County, Florida. H:\2005\050076\05-07 -15 Contract of Purchase and Sale.doc 11 have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. SELLER: WITNESSES: £ iYi>/£ \,tJ. VlA~I1I\M ¡(~~ßÞ 6J~ - Print Name Eddie W. Durham -rH£.LMA ilL(1I HAM ~.i~ If)~ Print Name Thelma Durham Date Executed: BUYER: CITY OF BOYNTON BEACH, a Florida municipal corporation ATTEST By: Date Executed: CITY CLERK 10 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.6 AGENDA ITEM REQUEST FORl\tI Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned !!! Meetine: Dates in to City Clerk's Office Meetine: Dates to City Clerk's Office o August 2, 200S July 18, 200S (Noon.) o October S, 200S September 19, 200S (Noon) o August 16, 200S August I, 200S (Noon) o October 18, 200S October 3, 200S (Noon) " ~ September 6, 2005 o November 1,2005 August 15,2005 (Noon) October 17,2005 (Noon) . ., \ o September 20, 2005 o November IS, 2005 '., J September 6, 2005 (Noon) October 31, 200S (Noon) , "--~", ."".j .,..::. .." , 0 Administrative 0 Development Plans t} -·~.0 NATURE OF ~ Consent Agenda 0 New Business ." ~_.-.-' .',? c. '; .. ,'" AGENDA ITEM .' '~ 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Black Diamond Investments LLC for the property at 1141 Alto Rd, Lake Worth, FL (Ridge Grove ADD No 1 L T 324). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recendy been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMP ACT: None hi. ~~'.I is ~thòn the Utilities ..rvi.. .r~ City Manager's Signature U -t /1+ 1 U Department Name City Attorney I Finance I Human Resources XC: Peter Mazzella (wI copy of attachments) Michael Rumpf: Planning & Zoning " Anthony Penn .. File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMlX)C 1/ I 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND BLACK DIAMOND 9 INVESTMENTS LLC; PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 1141 Alto Road, Lake Worth, Florida (Ridge Grove 15 ADD No.1, Lot 324); and 16 WHEREAS, the parcel covered by this agreement will include a single-family home 17 located in the Sand CastlelRidge Grove project area; and 18 WHEREAS, a water distribution main has recently been completed on this street 19 allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Black 29 Diamond Investments LLC, which Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\Water Service\Black Diamond Water Service Agreement.doc II I Section 3. This Resolution sball become effective immediately upon passage. 2 PASSED AND ADOPTED this _ day of , 2005. 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 -- --- 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 2] Commissioner 22 Attest: 23 24 25 City Clerk 26 27 S:\CA \RESO\Agreement5\Water Service\Bla..:k Diamond \Vater~ervice Agreement.doc ~ THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE OTY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day, of ,200_, by and between bic.d<.. D ;o..wt'\CI'IJ..J.41vedM~" LLC - ''''~ gJð.Cc'~r.. ~~~reinaftercalled the "Customer", and theOTY , OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. " NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are -1JL. Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confonnance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 · All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and whe~ annexation is initiated. The property shall be subject to annexation at the option of the City at any , time the property is eligible under any available means or method for annexation. Customer will Ïnfonn any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indenmify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Conunission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. :: , ~. TNESS WHEREOF, the parties hereto have set their hands and seals this td-- day of . c; vst ,200.>". ( WITNESS: (.pd· (¥.-~-é:~t-(..Ò "Wi~ne ____§.ignature '., \ ~( . . /L(. :J 11L ¡J '/I '¡1-C'1~(jf1;L/lt/t-: ø IU// 0, Ir t'//V/7 0 l . v) coß)'oA/ Printed Witness Name Printed President's Name ~~Q iY11 L~l Witness Signature _ ì \I E'-\ 1'<>0- I'Y\, \ .Q ~ Printed Witness Name 3 · Witness Signature Vice President/Secretary's Signature Printed Witness Name Printed Vice President/Secretary's Name Witness Signature Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State ~esaid and in the County aforesaid to take acknowledgments, personally appeared o >"-'t.l<:L -E, -J ctCû b so,""./ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: rID r ,'cia- J) (L . . WITNESS my hand and official seal in the County and State last aforesaid this Isd- dayof -:J ' C{ ~j L/ J T , 200á (Notary Seal) S;) /~; ;:; ~~. /'-7 ~;l/,- {-ø. ;øt, I .............................................. : SUSAN COLLINS : : m ~DD0295085: Notary Public : ! ExpiIW 31112008 : i \~ ~ Bonded IhN (800)432-4254 i : ¡f",IJ!f.~'\,.. Florida Notary Assn.. Inc : ... ...... .... ....................... ......... ..1 WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and , City Oerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal afftxed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200__ (Notary Seal) Notary Public Approved as to fonn: City Attorney .. S Palm Beach County Property Appraiser Property Search System Page 1 of2 ~,~~ '.'BrYL:Rm¡1~œF:tJ~'fI~\ "tPJoJÌer~1 Appraiser's Public Ac;c~n S~stt'ml R""'P" 'r "r" "" ." ,. . , ' I"q , ,~..... ,. r:- ' T' ',,"," ' " ' , ) i ,: t ) '"' !J ¡.! r; ~'~ r:" ~ -~ :: r _ ''1 ,-, .~¡/...., -; " <'. . !d t: ! ç 11 ¡ ~ . Home "'I~m'¡' " , t V.th>" ; , I, n, #iff:1' Property Information Location Address: 1141 ALTO RD l",c,,*-",~ Mu nicipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-3240 Subdivision: RIDGE GROVE ADD llN Official Records Book: 18763 Page: 1503 Sale Date: Jun-2005 Legal Description: RIDGE GROVE ADD NO 1 LT 324 Owner Information Name: BLACK DIAMOND INVESTMENTS LLC ~--,c_1 Mailing Address: PO BOX 541574 BOYNTON BEACH FL 33435 Sales Information Sales Date Book/Page Price Sale Type Owner I""",,,,,,,,.~,,,,,,,",,,,I Jun-2005 18763/1503 $137,500 WARRANTY DEED BLACK DIAMOND INVESTMENTS LLC Jun-2004 17340/423 $125,000 WARRANTY DEED PINKNEY TAVARIS Apr-2004 16906/363 $78,000 WARRANTY DEED MAZUMDER MDSHAFIQUR R a. [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: ~004 2003 Tax Year 2004 Improvement Value: 5399 4947 Number of Units: 1 Land Value: 1281 11 52 *Total Square Feet: 1208 Total Market Value: 66 811 6099 Use Code: 0100 Descri ptio n: RESIDENTIAL * in residential properties may indicBte living .rea. Tax Year: Assessed Value: 1~D.aDII",,1 Exemption Amount: Taxable Value: Tax Values Tax Year: lä,JKi~",1 Ad Valorem: Non Ad Valorem: ~,,,>,,,.,.,I Total Tax: l'&<'",¡t.D,~ NOTE: Lower the top .nd bottom ....rgins to 0.25 on File->PIIfIe Setup menu option in the broweer to print the det.iI on one pIIge. Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer http://www.co.palm-beach.fl.us/papa/aspx!web/detail_info.aspx?p _ entity=0043450909000... 7/27/2005 EX~¡ht~4 J1J~~ o ? ~ .. It(' , . . " . i ~ : ,~ ~. '~ri} \~_ c< ~"/ ~../' FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State April 2ß, 2QQJ RONAl 8. JACOBSON BLACK DIAMOND INVESTMENTS, L.L.C. 6010 LAS COLlNAS CIRCLE LAKE WORTH, FL 33463-6560 The Articles of Organization for BLACK DIAMOND INVESTMENTS, L.L.C. were filed on April 25,2003, and assigned document number L03000014977. Please refer to this number whenever corresponding with this office. In accordance with section 608.406(2), F.S., the name of this limited liability company is filed with the Department of State for public notice only and is granted without regard to any other name recorded with the Division of Corporations. The certification you requested is enclosed. A limited liability annual reporVuniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Ipentification (FEI) number will be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-3676 and requesting form SS-4. Please be aware if the limited liabilíty company address changes, it is the responsibility of the limited liability to notify this office. Should you have any questions regarding this matter, please telephone (850) 245- 6051, the Registration Section. Joey Bryan Document Specialist Division of Corporations Letter Number: 603AOO025613 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 ~tatC ofjf1o ' - .:-- ~_ flba irpartmrnt of ~tatr I certify the attached is a true and correct copy of the Articles of Organization of BLACK DIAMOND INVESTMENTS, L.L.C., a limited liability company organized under the laws of the state of Florida, filed on April 25, 2003, as shown by the records of this office. D The document number of this limited liability company is L03000014977. Given under my hand and the Great Seal of the State of Florida át Tálláhassee, the Capitol, this the Twenty-eighth day of April, 2003 ~~ [. t<kd (f)h'l1ÒU fu. ,lHooò CR2E022 (2-03) ~l'lTdmº Llf~hlÍl' X DEPARTMENT OF THE TREASURY DATE OF THIS NOTICE: 05=12=2003 INTERNAL REVENUE SERVICE NUMBER OF THIS NOTICE: CP 575 E ---- HOLTSVILLE NY 00501-0023 EMPLOYER IDENTIFICATION NUMBER: 54-2108665 ---- FORM: SS-4 NOBOD FOR ASSISTANCE CALL US AT: 1-800-829-0115 OR WRITE TO THE ADDRESS SHOWN AT THE TOP LEFT. ---- IF YOU WRITE, ATTACH THE BLACK DIAMOND INVESTMENTS L L C STUB OF THIS NOTICE. JACOBSON RONALD SOLE MEMBER ---- 6010 LAS COLINAS CIR LAKE WORTH FL 33463 WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER (EIN) T"~nk yau for y~ur Fcr~ SS-~, ^ppli=~ticn for E~plc~cr Idcntific~~ic~ ~!umbcr (EIN). We assigned you EIN 54-2108665. This EIN will identify your business account, tax returns, and documents even if you have no employees. Please keep this notice in your permanent records. Use your complete name and EIN shown above on all federal tax forms, payments and related correspondence. If you use any variation of YOur name Or fIN, it may caUSé a delay in processing and may result in incorrect information in your account. It also could cause you to be assigned more than one EIN. If you want to apply to receive a ruling or a determination letter recognizing your organization as tax exempt, and have not already done so, you should file Form 1023/1024, Application for Recognition of Exemption, with the IRS Ohio Key District Office. Publication 557, Tax Exempt Status for Your Organization, is available at most IRS offices and has details on how you can apply · THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporations) STATE OF FLORIDA COUNTY OF t?GL1?wL ~)'- Eta.. d(.[)¡ ~WI()^d. -Lv. ~+VY\~S L.c. C. . I/We, 12(1 VI 4. teL í3. Jet c öbJ cJ (1/, py-es,ckxt-, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITŸ OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: (X) - 4-3 - ifS-cp{ - 000 - 32-lfO The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the lr t day of ~ J ~Jr , 20 êJ 5 and the powers and authority shall be irrevocable by Grantee. ., . . IN WITNESS WHEREOF, we have hereunto set our hands and seals the Iff day of ~3 u.sd- in the year two thousand and fr v~ . Sealed and deliv ed in the presence of '" //vE I,,:. vL/ Û )I... Ir ô¡tJ JILl':> B. 1/JC.ð iJ) <::>/V Printed Witness Name Printed President's Name ~~~ ~iL- , Witness Signature fh; \ !e~ Vel m¿A :> Printed Witness Name Witness Signature Secretary/ Vice President's Signature Printed Witness Name Printed Secretary/ Vice President's Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) T~ FOREGOING INS"!"RUMENT was acknowledged before me this }f' }- day of '" t vJ 1- , 20~, by í?- b (\a../d- -S, S~(' ~ 0J'o rV and ../ , who are known to me or who have produced Flv r ,/.I¿i. .D ~ . , as identification and who did/did not take an oath. ~-/é/{4'- Q~¿:-",-_^, r·····..····ŠU~········..........····... NOTARY PUBLIC , : COWNS: ...r- C/ J t1 ¡../ é~o L L I rL-',f : m CcImmø~: Type or Print Name : :. . --'11112001! . ~~ . : \~OFt\.~ IIoncIed "'" (100)432-4254: Commission No. . "''''''an" FIotide Nora . ~........................... . tyAsan..'nc : . ···········....1 -.. Ii.. ~ !.. I U'IOJU 10140 10130 i 0120 '0110 0100 \ I' r I --À- .. I ---+--__... ----l- i I i ,T _I ______ . ¡) 10010 0020 i -- --- --- [ 0220 023 1 in. = 120.9 feet 0030 I 0040 . 0050 0060 0070 0080 0090 '-~ 191! ~ .~-=---- i '~ .k,a.- ~IU RD c- ~80 ~ r;;90 ~ ~ 0190 0170 I "\ 0210 020C: .. 0160 71 .. 0200 0150 0140 0130 0120 0110 0100 ~ ~ 72 ~ ì----___ _ i ~2 ~ 0210 0010 0020 0030 0080 009" 0040 0050 0060 0070 0080 0090 .1 _ ~1 i ·'nUIII... RD . -, r--- ~2 0010 -\ 2 ~ 0030 0040 0050 0060 0070 0080 0090 0100 0110 / 0070 0060 ~ ~ 0020 \ // ,_I; C 3130 11511B18C 3170 3200 22C1Þ~2C1O 3270 3290.¡ i ALTO ~~D ! ~ I 3090 3070 Þ06cIII05I 3030 11021: 3000 2980 2960 2950 I 2930 2910 - 2490 251~ l52~ 2530 255C 2560 ~6OC~61~ 2620 2640 2650 Z67(~68( ZI ¡---- - DI= lUl' RÐ f-- 2480 2460 ._, U 2420 2380 2360 2340 2330 2311 2300 229(]Z - I I I Location Map - 1141 Alto Rd 4. 'i.... 7 r,,-Ji . . . VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.7 AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetina Tumed in to City Clerk's Commission Meetlna Dates Tumed in to City Clerk's Office Dates Office [] August2.2005 July 18. 2005 (Noon.) o October 5, 2005 September 19,2005 (Noon) o August16,2005 August 1, 2005 (Noon) o October 18. 2005 October 3,2005 (Noon) 181 September 6, 2005 August 15. 2005 (Noon) o November 1, 2005 October 17, 2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15, 2005 October 31, 2005 (Noon) [] Administrative [] Development Plans NATURE OF 181 Consent Agenda 0 New Business AGENDA ITEM [] Public Hearing 0 Legal [] Bids 0 Unfinished Business [] Announcement 0 Presentation [] City Manager's Report RECOMMENDATION: Staff recommends Commission approval of the purchase of property owned by Anthony Allen, located at 144 N.W. 11th Avenue for the appraised price of $140,000.00. EXPLANATION: The acquisition of this property is essential to the implementation of the Heart of Boynton project. PROGRAM IMPACT: The continuance of Heart of Boynton property acquisition. FISCAL IMPACT: Purchasing this particular vacant property at this time is very cost effective as it does not trigger any Uniform Relocation Rules. Funding is available through the Community Development Block Grant program FY 2003/2004. ALTERNATIVES: Purchase at a later date could prove to be more costly due to rising property values and possible relocation regulations. Development Communi 1m rovement Division Division Name S:\Community Improvement\Agenda Requests\2005\CC 9-6-05 AllenPurchase.doc II I 1 2 RESOLUTION NO. R05- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE ACQUISITION OF 6 PROPERTY FOR THE HEART OF BOYNTON 7 PROJECT FROM ANTHONY ALLEN AND 8 AUTHORIZES THE MAYOR TO EXECUTE ALL 9 NECESSARY DOCUMENTS AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to 13 be in the best interests of the citizens and residents of the City to accept the contract to acquire 14 property located at 144 N.W. 11th Avenue, Boynton Beach, owned by Anthony Allen, for the 15 amount of$140,000.00, as part of the development of the Heart of Boynton. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereo f. 21 Section. 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby authorize the acquisition of property from Anthony Allen in the amount of 23 $140,000.00, for the development of the Heart of Boynton Project and authorizes the Mayor 24 to execute all necessary documents. 25 Section 2. This Resolution shall become effective immediately upon passage. 261 SICAIRESOIReal EstatelPurchase fj-om Allen - HOB Project doc " , 1 PASSED AND ADOPTED this _ day of September, 2005. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 City Clerk 23 24 (Corporate Seal) 25 26 27 28 29 S:\CA\RESO\RcaJ Estate\Purchase from Allen - HOB Project.doc IFile No 05-4211 Paoe #21 SUMMARY OF SALIENT FEATURES Subject Address 144 NW 11TH AVENUE legal Description LANEHARTS SUB E 50 FT OF W 252.5 FT OF L T 7 OF LANEHARTSSUB 112 NE1/4 City BOYNTON BEACH County PALM BEACH Slate FL ZIp Code 33435 Census Tract 61.000 Map Reference 4345-21 Sale Price $ N/A Date of Sale N/A Borrower / Client ANTHONY, ALLEN lender ANTHONY, ALLEN Size (Square Feet) 728 Price per Square Foot $ location AVERAGE Age 43 Condition -AVERAGE T alai Rooms 4 Bedrooms 2 Baths 1 Appraiser JEFFREY T. STARK, SRA Date of Appraised Value 6-22-05 Final Estimate of Value $ 140,000 Fonn SSD - 'TOTAl for Windows' appraisal software by a la mode, inc. -1-800-AlAMODE . . AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is made and entered into as of the _ day of July, 2005, by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter the "Buyer") and Anthony Allen(hereinafter the "Seller"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definitions. The following tenns when used in this Agreement shall have the following meanings: 1.1 Buver. City of Boynton Beach, a Florida municipal corporation with a mailing address of 100 E Boynton Beach Boulevard, Boynton Beach, Florida 33425. 1.2 Closing. The delivery of the General W 81Tanty Deed to Buyer concurrently with the delivery of the Purchase Price to Seller. 1.3 Closing Date. The date of the Closing as detennined in accordance with Paragraph 10 below. 1.4 Effective Date. The date that this Agreement is executed by the last party to sign it. 1.5 Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 1.6 Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, pennit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.7 Pro{>erty. That certain real property located at 144 NW 11th Avenue, Boynton Beach, Florida 33435, and more particularly described on Exhibit "A" attached hereto and made a part hereof, together with all improvements, property rights, easements, privileges and appurtenances thereto. 1.8 Purchase Price. The price the Buyer shall pay the Seller for the Property as more fully set forth in Paragraph 3 below. 1.9 Seller. Anthony Allen, with a mailing address of 13412 Norden 1 · Drive, Silver Springs, MD 20906. 1.10 Title Commitment. A title insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and/or recording of other closing documents. 1.11 Title Company. The title insurance company, licensed and authorized to conduct business in the State of Florida as selected by Buyer. 1.12 Title Policy. An AL T A Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Pennitted Exceptions. 2.0 Purchase Price. The total Purchase Price for the Property to be purchased by the Buyer, ftom the Seller, is the sum of One Hundred Forty Thousand and 00/100 ($140,000.00) Dollars and the Buyer's obligations to close shall be contingent on the satisfaction of the following conditions: 2.1 Approval of this Agreement by the City Commissioner of the City of Boynton Beach, on or before September 16, 2005. 2.2 Buyer's receipt of an acceptable appraisal for the Property. 3.0 Inspections Buyer shall have 30 days to make any inspections it deems necessary (the "Inspection Period"). During the Inspection Period, Buyer may detennine that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. This Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit, at it's discretion, a Phase n Environmental Audit for which it will be granted an additional sixty (60) days for inspections. hI the event that any inspections and any review of documents conducted by the Buyer relative to the Property during the period prior to the Closing Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to terminate this Agreement by providing written notice to Seller and receive an immediate refund of all deposits plus interest paid hereto or proceed to closing as set forth herein and the Property will be purchased ftom Seller in "as is" condition. 4.0 Evidence of Title. 4.1 Delivery of Title Commitment. Within twenty (20) calendar days subsequent to the Effective Date, Buyer shall obtain a Title Commitment, at Buyer's cost. 4.2 Marketable Title. Seller shall convey marketable title to the Property. Marketable Title shall be detennined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from the date of 2 receiving the Title Commitment to examine the commitment. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notifY Seller in writing of the specific title defects. If Seller has not received written notice ftom Buyer of a title defect, Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's notice of the title defects shall include a statement of how the defects should be cured. If said defects render title unmarketable (other than encumbrances that would otherwise be paid at closing), Seller shall have fifteen (15) days ftom receipt of notice within which to remove said defects, providing that Seller shall not be obligated to spend more than $10,000.00 or initiate litigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful in removing such defects within said time, Buyer shall have the option of either accepting the title in its existing condition without a reduction of the Purchase Price, or of tenninating this Agreement by sending written notice of tennination to Seller within ten (10) days after being notified by Seller that Seller was unsuccessful in removing such defect(s). Upon the tennination of this Agreement, neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use diligent efforts to correct all defects in title, within the time provided therefore, and subject to the limitations stated above. 5.0 Survey. Within thirty (30) days of the Effective Date, Buyer may obtain at its expense a survey (the "Survey") of the Property showing all improvements thereon prepared by a land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the legal description so long as any such revision does not result in Seller being required to convey any lands or rights other than those described to be within the Property described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney within the Inspection Period. 6.0 Seller's Representation. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 6.1 Seller's Authority. Seller has legal right and ability to sell the Property pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the consummation by Seller of the transaction contemplated by this Agreement is within Seller's capacity and all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its tenns. 6.2 No Legal Bar. The execution by Seller of this Agreement and the consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 6.3 No Default. Seller is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which 3 affects any portion of the Property. 6.4 Title. Seller is the owner of marketable title to the Property, ftee and clear of all liens, encumbrances and restrictions of any kind, except the Pennitted Exceptions and encumbrances of records which will be paid at Closing. 6.5 Litigation. There are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any portion of the Property. 6.6 Parties in Possession. There are no parties other than Seller in possession of any portion of the Property as a lessee. 6.7 Seller shall not amend or modify in any way any lease presently in effect relative to the Property. Seller shall not enter into any new leases or encumber the Property in any way without first obtaining the written consent of Buyer. 6.8 Buyer's Remedies for Seller's Misr~resentations. In the event that Buyer becomes aware prior to Closing that any of Seller's waITanties or representations set forth in this Agreement are not true on the Effective Date or any time thereafter but prior to Closing, and in the event Seller is unable to render any such representation or warranty true and correct as of the Closing Date, Buyer may either: (a) tenninate this Agreement by written notice thereof to Seller, in which event the parties will be relieved of all further obligations hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and warranty. 7.0 Buyer's R~resentations. The Buyer hereby represents and warrants to the Seller as of the Effective Date and as of the Closing Date that Buyer has full and complete authority subject to compliance with Chapter 166, Florida Statutes, the City of Boynton Beach Charter and Code of Ordinances, to purchase the Property and to comply with the tenns of this Agreement, and the execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its tenns. 8.0 Conditions Precedent to Closing. Each of the following events or occurrences (the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within said ten (10) day period, Buyer shall have the right to either (a) tenninate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all further obligations under this Agreement; or (b) waive the condition and close. 8.1 Representations. The material representations and warranties made by 4 Seller in this Agreement shall be true and correct on the Closing Date subject to the ten (10) day extension provided in Paragraph 9 above. 8.2 Seller's Obligations. Seller shall have perfonned all covenants, agreements, and obligations and complied with all conditions required by this Agreement to be perfonned or complied with by Seller prior to the Closing Date. 8.3 Seller shall make available to Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all docwnents not previously delivered to Buyer which Seller may have in its possession pertaining to the Property including, but not limited to, building plans, architectural plans, building pennits, impact fee assessments, notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance applications/approvals, special exception application/approvals, engineering plans, unrecorded developer agreements, environmental reports, surveys and prior title insurance policies, title commitments, and title exceptions pertaining thereto. 8.4 Seller has no actual knowledge nor has it received any written notice that there has been any discharge of hazardous material at the Property. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been detennined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U. S. Environmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). Buyer must rely on its Environmental reports and assessments as Seller is not aware of Property's environmental condition. 9.0 Closing. The Closing shall occur at a mutually agreed time on or before the expiration of forty-five (45) days from the Effective Date and shall take place at the office of legal counsel representing the Buyer, which is Goren, Cherot: Doody & Ezrol, P.A. 10.0 Seller's Closing Docwnents. At closing, Seller shall deliver the following documents ("Seller's Closing Docwnents") to Buyer: 10.1 General W ammtv Deed. The Statutory General W manty Deed shall be duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee simple title to the Property free and clear of all liens, encwnbrances and other conditions of title, other than the Pennitted Exceptions and exceptions not duly objected to by Buyer. 10.2 Mechanic's Lien Affidavit. A mechanic's lien affidavit in the customary foon, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental Authority is either in possession of the Property or has a possessory interest or claim in the Property, and (c) no improvements to the Property have been made for which 5 · payment has not been made. 10.3 Gap Affidavit. An affidavit in fonn and content reasonably satisfactory to the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policy. 10.4 FIRPT A. A FIRPTA Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the futemal Revenue Code. 10.5 DR -219 as required for recording. 11.0 Buver's Closing Documents. At closing, Buyer shall deliver to Seller a certified copy of the Resolutions, Minutes or Agenda Actions of the pertinent meeting of the City Commissioner showing that Buyer has been authorized to enter into and execute this Agreement and consummate the transaction herein contemplated. 12.0 Closing Procedure. The Closing shall proceed in the following manner: 12.1 Transfer of Funds. Buyer shall pay the balance of the Purchase Price to the Seller by wire transfer to the account of Seller. 12.2 Delivery of Documents. Seller shall deliver Seller's Closing Documents to the Buyer consisting of a statutory General Warranty Deed, Bill of Sale, No- Lien Affidavit, FIRPT A Affidavit and any documents required to insure Seller conveys marketable title. 13.0 Closing Costs. Taxes. Prorations and Impact Fees. 13.1 Ad Valorem Taxes. Buyer and Seller shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. 13.2 Seller's Closing Costs. Seller shall pay for the following iterns prior to or at the time of Closing: Cost of providing marketable title as provided herein; documentary stamps on the Deed. 13.3 Buver's Closing Costs. Buyer shall pay for the following iterns prior to or at the time of Closing: Recording fees of Deed; title insurance premium; survey costs, appraisal costs, Phase I or Phase II Environmental Assessment Report costs and related expenses. 6 14.0 Possession. Buyer shall be granted full possession of the Property at Closing. 15.0 Condemnation. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this Agreement, whereupon Seller and Buyer shall be released of all further responsibility and obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within five (5) business days after Seller's receipt of notification. Should Buyer tenninate this Agreement, the parties hereto shall be released ftom their respective obligations and liabilities hereunder. Should Buyer elect not to tenninate, the parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all awards in connection with such taking to Buyer. 16.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confinnation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this mediwn shall maintain an appropriate receipt of delivery, in the nonnal course of business. BUYER: City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Attn: Octavia Sherrod, Community hnprovement Manager With a copy to: Goren, Cherof, Doody and Ezral, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Attention: Donald J. Doody,Esq. Telephone: (954) 771-4500 Fax: (954) 771-4923 SELLER: Anthony Allen 13412 Norden Drive Silver Spring, MD 20906 7 · 17.0 Default. If the Buyer shall fail or refuse to consummate the transaction in accordance with the tenns and provisions of this Agreement, the deposit and interest shall be forfeited to Seller as agreed upon liquidated damages. ill the event of such default by Buyer, Seller's sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by virtue of such default. ill addition to the other remedies which Buyer may have specifically set forth in this Agreement in the event of Seller's default, Buyer shall be entitled to equitable relief to enforce the tenns and conditions of this Agreement either through a decree for specific perfonnance or injunctive relief and damages which shall be the lessor of actual damages or $25,000.00. 18.0 Miscellaneous. 18.1 Counterparts. This Agreement may be executed in any number of counterparts, anyone and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. 18.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both Seller and Buyer. 18.3 Attornevs' Fees. If any party obtains a judgment against any other party by reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment if and as awarded by the Court. 18.4 Governing Law. This Agreement shall be inteIpreted in accordance with the laws of the State of Florida, both substantive and remedial. 18.5 Entire Agreement. This Agreement set forth the entire agreement between Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 18.6 Computation of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the first business day following said legal holiday or non-business day or non- banking day. All time references to "days" shall mean and refer to calendar days. 18.7 Time is of the Essence. Time is of the essence and failure of the Buyer to exercise the option granted hereby on or before the Option Expiration Date shall cause this Agreement to tenninate and be of no further force or effect. The provisions herein contained shall be strictly construed for the reason that both parties intend that all time periods provided for in this Agreement shall be strictly adhered to. 18.8 No Recording. This Agreement or any notice or memorandum hereof 8 . . may not be recorded irt the public records of any county in the State of Florida. 18.9 No Brokers. Seller and Buyer each represent to the other that it has not dealt with any broker, salesperson or agent in connection with the execution and delivery of this Agreement Seller agrees and acknowledges that it shall indemnify and hold Buyer hannless with respect to any and all claims, demands, awards or judgments arising out of the Seller's failure to pay the aforementioned Brokers the commission due as a result of the sale of the Property. This provision shall survive the closing of the contemplated transaction. 18.10 Acceptance of Deed. The acceptance of the Deed by Buyer shall be deemed full perfonnance and discharge of every agreement and obligation on the part of Seller to be perfonned pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 18.11 Interpretation. Should any tenn or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the tenns and provisions of this Agreement and that all terms and provisions have been negotiated. 18.12 Captions. Headings. Etc. Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the tenns or provision herein. 18.13 Waiver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific tenn or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 18.14 No Third party Beneficiary. The tenns and provisions of this Agreement are for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any rights, express or implied, upon any third party. 18.15 Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon testing may be obtained 1Ì'om your county health unit. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. 9 . . W ?~6 ~e5 SELLER: An~ OLL - Print Name ¿þ'1I¡Jf'ÞP¡( ¿:/ltltf!f/Ÿ Print Name ~; . Date Executed: ~/~ /Lb U) State of ~4 County of ~ ~ The foregoing instrument was acknowledged by it, ~ L-.~k) who is personally known to me or who has produced t. ' as identification and who did (did not) take an oath. ~ ~ itness my hand and official seal in the county and state named above this ~day - of 2005. :\\ \, ," II"""",,, ~......,,,, A M~ ~''.oJ ~ ~~\'...:.... ~O ~ (SEAL) ~~ ..~SS'ONE.tQ-. ~~ ::~...o~ ~.~ ~ ~ ·0 .O~ Notary Public: ~: MAY (II~ ::: - . . - My Commission Expires: =*: 1 ::: ~ ".~ 2008~": * § ~ ~.~ .. ~ ~ O';(19MERY G?.··,û~ ~ A ....... ~v ~ BUYER: ;;'//11 . AV pù \\\\\" 111111/1 111\1\\\\ CITY OF BOYNTON BEACH, a Florida municipal corporation AITEST By: Date Executed: CITY CLERK. 10 PLAT MAP 31205 BOITower/CJient N/A Property Address 144 NW 11TH AVE City BOYNTON BEACH County PALM BEACH State FL Zip Code 33435 Lender City of Bovnton Beach ~r'~' ~ , ',t{ 2 ;" ' I T' ';C>~I¡ '.. , ~', . ~' ':!N 5ft.-'; ~ tf~~ I ~ 6- ~ ' ~}llfl$UB, ". ..,' ~ ~ ; ß Ii Pö!1:(Ëf.,1'. I --- . _''.~_~_~T , ,_, -r.¡; 1 m 35) ME 11' -:- ~~- I: I .. , -' ~'ri ..;. ì ¡..., I ' , " I , ,'.. ~ B '.. . '. ,:Z;$., ,tt I! 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'l' ',. . - "'''' w"" ,.' ~ , ... ' ~ ~'_I ¡:; , i' . . " - "ñ", ¡~_... ~ -.,.~ ~,.----: " ' - t- ~ f4 j _ì..,.. ,0-.1 1 : " ,: i ).H ~ ! ' 1~l, I "~: ÆB:,. . ~'f f,J ' "¡;; ';" -, '..."...1 ' - , ~ ..., EŒHIIEj .... ~ \ $, ....' '(~ S[f''' t l' IØI 1'-0 ': f¡-S l , u, , .0 ~ ~;~~ ''t ~ ~ ~ ",. ¡~..- ~ ij~~,~ ., - . :... - ~~ lJ I''.)~ . . " .. ;¡~ P' 'I ¡.- '\. ... 'I/. !II ~ to: ~ 1:1 J"'!" l;I 01 ~ t:,..:" ¡,;¡¡, tt ~ ~ ...... . '. R:" ga """.. · - "" ¡: ' ,!.s· '" s ',}A;' · tl14 ~ ..... .", r- [-] ~~I I 'l:L=ìJ,. l' ~ ~. ~ ,~~ I II 'I .' {" 1 ~i:d'lI' CHAPIN APPRAISAL & REAL ESTATE VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.B AGENDA ITEM REQUEST FOR~I Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinq Turned in to City Clerk's Commission Meetino Dates Tumed in to City Clerk's Office Dates Office o August2,2005 July 18, 2005 (Noon.) o October 5, 2005 September 19, 2005 (Noon) o August16,2005 August 1, 2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) , "-'-- -..j Ið] September 6, 2005 August 15, 2005 (Noon) o November 1, 2005 October 17, 2005 (Noolr}" . , "..---'"'' G"J I o September 20, 2005 September 6, 2005 (Noon) o November 15, 2005 October 31, 2005 (Noorl)_ J Q ;.._j 0 Administrative 0 Development Plans -"7'~~ ~--.- '-"~ -..-'" NATURE OF Ið] Consent Agenda 0 New Business - - ., AGENDA ITEM .. -,,0:; 0 Public Hearing 0 Legal 0 ,~:~~ l.-;- 0 Bids 0 Unfinished Business >I~) :r 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Staff recommends Commission approval by Resolution R05-_ The City of Boynton Beach's 2005 Hurricane Housing Assistance Plan as prepared for submission to the Florida Housing Finance Corporation. EXPLANATION: The Florida Legislature has appropriated one-time hurricane housing recovery funds to accommodate the different housing needs of each impacted community. This funding has been made available through the State Housing Initiatives Program (SHIP) for households with incomes up to 120 percent of area median income. An estimated 6.4 million dollars in funding wi! be disbursed to Palm Beach County. As a requirement of the program, the participating jurisdictions of Palm Beach County, City of Delray Beach, and Boynton Beach met and formulated community-planning strategies. PROGRAM IMPACT: The City of Boynton Beach's Hurricane Housing Assistance Plan has requested funding to be used for hurricane disaster prevention, disaster relief, land acquisition, and rehabilitation through this program. It is anticipated that an additional 50 homes will be affected by this program annually. FISCAL IMPACT: The receipt of $1 ,000,000.00 for this program. ALTERNATIVES: None ~s Signature City Attorney / Finance / Human Resources S:\Community Improvement\Agenda Requests\2005\CC 9-6-05 HHAP.doc II I 1 RESOLUTION R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE CITY OF 5 BOYNTON BEACH'S 2005 HURRICANE HOUSING 6 ASSISTANCE PLAN FOR SUBMISSION TO THE 7 FLORIDA HOSUING FINANCE CORPORATION; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the Florida Legislature has appropriated one-time hurricane housing 12 recovery funds to accommodate the different housing needs of each impacted community, 13 and; 14 WHEREAS, this funding has been made available through the State Housing 15 Initiatives Program (SHIP) for households with incomes up to 120 percent of area median 16 income; and 17 WHEREAS, upon the recommendation of staff, the City Commission deems it to 18 be in the best interests, safety and welfare of the citizens and residents of the City of 19 Boynton Beach to approve the City of Boynton Beach's 2005 Hurricane Housing 20 Assistance Plan as prepare for submission to the Florida Housing Finance Corporation. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 Section 1. The foregoing "Whereas" clauses are true and correct and are 26 hereby ratified and confinned by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, 28 hereby approve the City of Boynton Beach's 2005 Hurricane Housing Assistance Plan as 29 prepared for submission to the Florida Housing Finance Corporation. 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\SHIP Hurricane Housing Assistance Plan.doc II I 1 ! I PASSED AND ADOPTED this _ day of September, 2005. 2 3 4 5 I 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 S:\CA \RESO\SHIP Hurricane Housing Assistance Plan.doc · City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Hurricane Housing Assistance Plan I. PROGRAM DESCRIPTION A. Palm Beach County 1. Base Allocation Request - $1,000,000.00 2. Extremely Low Income Request 3. Community Planning Request - City of Boynton Beach 4. Name of participating local government(s) or other agencies in the Community Planning Strategy- Palm Beach County, City of Boynton Beach; City of Delray Beach, City of West Palm Beach II. HHAP HOUSING STRATEGIES A. Owner-Occupied Housing Rehabilitation 1. Summary of the Strategy: This strategy provides 0% interest rate, deferred payment loans to assist very low, low, and moderate- income households to rehabilitate owner occupied single family units. This strategy furthers the City's Housing Element of its Comprehensive Plan by preserving the City's existing housing stock. Areas to be addressed will be interior and exterior building/electrical/plumbing problems in an effort to make them compatible with to current codes. Emphasis will also be placed on health, potential life threatening safety issues, as well as retrofitting items for those individuals with special needs. 1. Fiscal years covered: State Fiscal Years 2005/2006; 2006/2007; and 2007/2008. 2. Income Categories to be served: Very low, low, and moderate income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed annually by the Florida Housing Finance Corporation. 3. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $40,000.00. However, the maximum amount is not automatically awarded, but rather the subsidy awarded will be the minimum amount required to make necessary repairs to bring the dwelling into compliance with the City's current code requirements. Household Size Very Low-Income Low-Income Moderate-Income # of Persons o - 50% of Median 51% - 80% of Median 81% -120% of Median Maximum Award $40,000 $40,000 $20,000 1 $22,000 $35,150 $52,800 2 $25,100 $40,200 $60,240 3 $28,250 $45,200 $67,800 4 $31,400 $50,250 $75,360 5 $33,900 $54,250 $81,360 6 $36,400 $58,300 $87,360 7 $38,950 $62,300 $93,480 8 $41,450 $66,300 $99,480 4. Terms, Recapture, and Default: Assistance greater that $5,000 provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Prorating of the loan award will occur at a rate specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any of the "qualifying events" occur prior to the expiration date of the note. The "qualifying event(s)" are considered to be: · Sale of the unit, or transfer of title (except for major healthcare expenses by one of the primary owners or by inheritance) · The assisted homeowner fails to continuously occupy the home · The unit is rented · The unit is refinanced without prior authorization of the City of Boynton Beach Repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has developed an administrative policy pertaining to subordination requests. 5. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: · Applicant may not currently own or have assets exceeding $15,000, (monetary gifts and real estate are included in the asset calculations; retirement accounts are not); this does not include the value of the dwelling being rehabilitated; · The dwelling must be owner occupied; · Mortgage payments and taxes must be current / paid up to date; and · Applicant must have proof of current homeowners insurance. 6. Sponsor Selection Criteria, if applicable: N/A. 7. Additional Information: The home must be located within the City's municipal boundaries. The appraised value of the home may not exceed the maximum sales price allowed by the SHIP program for existing units. The homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. B. Rental Acquisition &. Rehabilitation 1. Summary of the Strategy: This strategy is designed to provide financial assistance to developers and owners of rental housing serving very low, and low- income households. SHIP funds may be used for acquisition, site development, i nfrastructu re improvements, rehabilitation, impact fees, construction costs, and for professional fees such as engineering, architectural, environmental and surveying. SHIP funds may not be used to pay rental subsidies. All SHIP assisted units must be occupied by income eligible families. 2. Fiscal years covered: State Fiscal Years 2005/2006; 2006/2007; and 2007/2008. 3. Income Categories to be served: Very low, and low- income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted annually by the Florida Housing Finance Corporation. 4. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $200,000. 5. Terms, Recapture, and Default: Assistance will be provided in the form of a fifteen (15) year, 0% interest forgivable deferred loan in an effort to preserve affordability. Assisted developments must commit to rent limits as established by HUD for the term of the mortgage. The housing must remain affordable, and income eligible persons must occupy all SHIP assisted units during the affordability period. If the project ceases to remain affordable for the term of the loan, the entire unpaid balance is due and payable. 6. Recipient Selection Criteria: Applicants will be certified as very low and/or low income in order to be eligible, and will be served on a first come, first served basis. 7. Sponsor Selection Criteria, if applicable: Developer must meet the following selection criteria: · Designated 501©(3) non-profit organization under IRS guidelines; · Legally operating within the jurisdiction of the City of Boynton Beach and/or Palm Beach County; · Has demonstrated track record and production experience in the construction and delivery of affordable housing, and/or has proof of a partnership and/or contracted with person or persons with required experience; · Possess a partnership agreement with the City of Boynton Beach to participate and further its goals in the delivery of affordable housing to the City's very low and low-income households; · Preference will be given to sponsors that employ personnel from WAGES and Workforce Development Initiatives programs; · Developer may be selected from a competitive bid process; and · Preference will be given to developers with projects designated to the elderly, and/or citizens with special needs. 8. Additional Information: N/ A c. Land Acquisition 1. Summary of the Strategy: This strategy will provide funds to acquire properties for future development by non-profit and public agencies. Properties will be acquired through deed and tax sales, foreclosure of government liens, and through private purchases. Properties will be donated to non-profit agencies that will access the City of Boynton Beach's SHIP Program for the development of the property. 2. Fiscal Years Covered: State fiscal years 2005/2006; 2006/2007; and 2007/2008. 3. Income Categories to be served: Very low, low, and moderate income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed annually by Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum purchase price for a buildable lot of record will be determined by the appraised value at the time of purchase. 5. Terms. Recapture and Default: The loan for the value of the land will be a 0% interest rate. The loan will be recaptured when the property is sold. 6. Recipient Selection Criteria: Applicants must be income eligible with incomes between zero and 120% of median income as provided by the U S Department of Housing and Urban Development and adopted by the State of Florida and distributed annually by Florida Housing Finance Corporation. Applicants must meet the following criteria: . Must be first time homebuyer(s), which is defined as ./ Someone who has not owned a home during the previous three yea rs ./ A divorced single parent who has been displaced within the 12 months prior to the time of application, and whose household includes children under the age of 18. ./ Displaced homeowners due to divorce, purchasing within incorporated Boynton Beach city limits. ./ A displaced victim of domestic abuse ./ A person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67.37.002(13) . Applicant must have an accepted contract for a home, and have applied for a first mortgage with an approved lender . The applicant must have attended and completed an approved home buyer education course approved by the Community Improvement Division 7. Sponsor Selection Criteria: Eligible sponsors must meet the same criteria as outlined under Strategy C, Rental Acquisition and Rehabilitation. 8. Additional Information: N/A. D. Disaster Prevention 1. Summary of the Strategy: The purpose of this strategy is to provide Florida Product Approved hurricane panels to very low, low and moderate income households who currently do not have any, and replacement of awnings that are not suitable to current City of Boynton Beach codes. 2. Fiscal Years Covered: State Fiscal Years 2005/2006; 2006/2007, and 2007/2008. 3. Income Categories to be served: Very low, low, and moderate income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award as noted on Hurricane Housing Goals Chart: The maximum award for this strategy is $5,000 per unit. 5. Terms, Recapture and Default: Assistance will be provided in the form of a grant as the price is expected not to exceed the $5000 threshold. Therefore, individual households will not be required to repay funds used for hurricane disaster prevention assistance. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first served basis as long as funding is available. The residence must be located within the municipal boundaries of Boynton Beach. 7. Sponsor Selection Criteria: N/ A 8. Additional Information: Elderly applicants, and applicants who may be physically challenged will be allowed to obtain accordion awnings in order to alleviate the possibility of having to incur costs to have protection put in placed during the event of pending hurricanes. Otherwise, aluminum storm panels will be installed. E. Disaster Relief 1. Summary of the Strategy: In the event of a natural disaster as declared by local, state, or federal government, SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Assistance will be in the form of the purchase of emergency supplies for the purpose of weatherproofing damaged homes, interim repairs to avoid further damage, tree and debris removal required to make the housing unit habitable, and post disaster assistance with non-insured repairs. 2. Fiscal Years Covered: State Fiscal Years 2005/2006; 2006/2007; and 2007/2008. 3. Income Categories to be served: Very low, low, and moderate income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed b the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $8,000 per unit. 5. Terms, Recapture and Default: Individual households will not be required to repay funds used for disaster assistance as they will be in the form of a grant. In the event the City of Boynton Beach receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-served basis, pending fund availability. Residence must be located within the municipal boundaries of Boynton Beach. 7. Sponsor Selection Criteria: N/ A 8. Additional Information: This strategy will be implemented only in the event of a natural disaster, using any SHIP funds that have not been encumbered. III. EXTREMELY LOW INCOME STRATEGY A. Strategies from the Section II to be included to serve X-Low Income All strategies in section II will be available to extremely low- income persons. B. Recipient Selection Criteria Selection criteria to be used will be that as stated in Section II. e. Additional information: N/A IV. COMMUNITY PLANNING STRATEGY A. Summary of the Strategy (including roles of the organizations involved) The City of Boynton Beach meet formally on several occasions with Palm Beach County Department of Housing and Community Development, and the City of Delray Beach to discuss the various strategies available for this plan. Present also was staff from the Florida Housing Finance Agency who provided technical assistance. Topics of discussion included the amount of funding available and the needs of our various communities, which ultimately helped to determine the funding required. B. Strategies from Section II to be included in Community Collaborations All strategies from Section II were included in the Community Collaborations. V. ADMINISTRATIVE BUDGET A. Administrative summary of expenses: Up to 15% of the allocation may be used for administrative expenses relating to direct program administration as shown below: Fiscal Year 2005/2006 Salaries and Benefits $140,400 Office Supplies and Equipment $ 2,100 Travel, Workshops, etc. $ 4,500 Advertising $ 3,000 Other (define) $ N/A TOTAL $150,000 VI. OUTSTANDING COMPLIANCE ISSUES WITH THE SHIP PROGRAM & HOW THOSE ISSUES ARE CURRENTLY BEING ADDRESSED There are no outstanding compliance issues. VII. EXHIBITS A. Hurricane Housing Goals Chart (HHGC) for each fiscal year covered B. Certification Page C. Program Information Sheet D. Community Planning Documentation: Letters, resolutions, or interlocal agreements detailing the community planning agreement ')¡: o)CO"Q"oooo"~m 000000 m .~ -- N..... ..... 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19, 2005 (Noon) o August 16, 2005 August 1, 2005 (Noon) o October 18,2005 October 3, 2005 (Noon) ~ September 6, 2005 August 15,2005 (Noon) o November 1, 2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15, 2005 October 31, 2005 (Noon) -- _"oJ 0 Administrative 0 Development Plans J~:::~ (:> NATURE OF ~ Consent Agenda 0 New Business Or"; GJ AGENDA ITEM 0 Public Hearing 0 Legal -- CJ 0 0 -,- ~ Bids UnfInished Business ->...- ,~ --, ..'~ ¡,,-. 0 0 Presentation .-.."" . -'~ Announcement . -- -' -'-'Im 0 City Manager's Report .. Þ--- rTl .-'- ':,.=")..> . ...., i-'¡ ('") '~,",,_E RECOMMENDATION: Please place this request on the September 6, 2005 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be approved on August 9,2005, subject to all staff comments except for condition #24. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-141. EXPLANATION: PROJECT: Chow Hut (MSPM 05-007) AGENT: George Brewer OWNER: Anthony J. Mauro and Doug Peters LOCATION: 558 NE 22nd Avenue DESCRIPTION: Request for Major site plan modifIcation to construct a 1,718 square foot addition to an existing 702 square foot building for a 2,420 square foot restaurant on an 8,060 square foot parcel zoned Neighborhood Commercial (C-2). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~s Ity anager sIgnature 2 \~~ ,(J L ~ Planning and Zo~g irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Chow Hut MSPM 05-007\Agenda Item Request Chow Hut MSPM 05-007 9-6-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-141 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission / THRU: Michael Rumpft/L& lJ Planning and Zoning Director FROM: Kathleen Zeitler Planner DATE: July 29, 2005 PROJECT NAME/NO: Chow Hut / MSPM 05-007 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: 558 Gateway Boulevard, LLC Applicant: Mr. Anthony J. Mauro and Mr. Doug Peters Agent: Mr. George Brewer Location: 558 East Gateway Boulevard (see Location Map - Exhibit "A") Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Neighborhood Commercial (C-2) Proposed Use: Take Out Restaurant with Outdoor Seating Acreage: 8,057 square feet (0.18 acre) Adjacent Uses: North: Right-of-way for Gateway Boulevard, and further north The Crossings at Boynton Beach zoned Planned Unit Development (PUD) with single-family attached residential units; South: Northeast 21 st Avenue, and further (SE) Boynton-Hypoluxo Animal Clinic zoned C-2, and (SW) VFW Post 5335 zoned R-3; East: BMT Discount Beverage store zoned C-2; and West: Coin Laundry self-serve laundromat zoned C-2. Staff Report - Chow Hut (MSPM 05-007) Memorandum No PZ 05-141 Page 2 PROPERTY OWNER NOTIFICATION All property owners within 400 feet of the subject property were mailed a notice of this request for a major site plan modification and its respective hearing dates per the Applicant who has certified that the required signage was posted and notices mailed in accordance with Ordinance No. 04-007. Site Location: The subject property is generally located two lots west of North Federal Highway and the Florida East Coast Railroad right of way on the south side of Gateway Boulevard within the Community Redevelopment Area. The lot is approximately 8,060 square feet (0.18 acres) and located within the C-2 zoning district. According to the survey, the site consists of Lot 9 and the west 30 feet of Lot 10, Block 13, of the amended plat of Boynton Ridge subdivision (Plat Book 24, Page 28). The subject site fronts Gateway Boulevard to the north, and Northeast 21st Avenue to the south (rear), with vehicular access (ingress/egress) from both the front and rear of the site. The site is currently developed with a small one (1)- story commercial building in the center of the lot, with 8 parking spaces in front and 6 parking spaces to the rear of the building. Previously The Village Salon of Beauty occupied the site, however, the beauty salon is no longer active, and the building has been unoccupied for some time. BACKGROUND Proposal: According to public documents, the property was purchased by 558 Gateway LLC in July of 2004. Mr. George Brewer, Agent and Architect for the owners, is requesting a major site plan modification to convert the use of the building from personal services to a take out restaurant with outdoor seating (no drive-through window or indoor seating proposed). The project includes construction of an additional 295 square feet of enclosed building area, and a new covered outdoor dining area of 1,422 square feet, with a total building area under roof of 2,420 square feet (SP1, A2, A3). The existing 703 square foot structure is to be enlarged with a freezer/cooler room (189 sJ.) and public handicap accessible restrooms (106 sJ.) with a total building size of 998 square feet. In addition, covered porch areas (1422 sJ.) are proposed for outdoor dining on each side of the building, with a maximum of 35 seats (including service bar area). The elevation plan (A4) indicates the outdoor dining under thatched chickee huts as constructed by Miccosukee Indians. It should be noted that both the Miccosukee and Seminole Indian tribes are exempt from building permit requirements. The Chow Hut, advertised as specializing in gourmet comfort food, is proposed to be open for breakfast, lunch, dinner, and "late late" night meals. A service bar is included within the outdoor dining area, however the Applicant has indicated that the majority of sales (90%) will be from food, not alcoholic beverages. Any sale of alcoholic beverages, which must be consumed on the premises, will require a license. Should proceeds from the sale of alcoholic beverages exceed food sales, a conditional use approval for a Bar will be required (see Exhibit "c" - Conditions of Approval). The Applicant has indicated that there will not be any amplified music played indoors or outdoors, which also differentiates between a restaurant and a bar / lounge. The site is considered nonconforming to landscaping and ADA requirements. The proposed site improvements will bring the site up to Code as much as possible by Staff Report - Chow Hut (MSPM 05-007) Memorandum No PZ 05-141 Page 3 adding architectural interest to the building, parking designated for handicap use, public restrooms which are handicap accessible, a screened dumpster, and landscaping. ANALYSIS Concurrency: Traffic: A traffic statement which indicates a net increase of 208 daily trips for the proposed use was prepared by Gerald B. Church, P.E. and sent to the Palm Beach County Traffic Division for concurrency review to ensure an adequate level of service. Based on their review, the Traffic Division determined that the proposed redevelopment project meets the Traffic Performance Standards (TPS) of Palm Beach County, however, no building permits are to be issued by the City after the build-out date of 2006. The County traffic concurrency approval is subject to the Project Aggregation Rules as set forth in the TPS Ordinance. Utilities: Potable water and sanitary sewer / wastewater capacity is currently available to serve this project, subject to the Applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "c" - Conditions of Approval). Fire I Police: These departments have reviewed the site plan and determined that emergency services are available to the proposed project with an appropriate response time. Although this redevelopment project is in an area with existing traffic congestion and population density, emergency service providers expect to be able to utilize their current or anticipated resources to maintain an adequate level of service for the proposed project. Infrastructure requirements such as hydrants and roadways will be further addressed at the time of plan review and permitting. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). Driveways: The site to be redeveloped is accessible from both Gateway Boulevard (front) and from Northeast 21st Avenue (rear). There are no curbed driveway points of ingress / egress proposed due to existing parking locations and space restrictions on site. Parking: The proposed takeout restaurant use requires the greater of one (1) space per 100 square feet or 1 (one) parking space per 2.5 seats. With a total of 13 parking spaces provided, maximum seating capacity for the restaurant (including the bar) will be 35 seats. The current survey indicates 14 parking spaces on site, but no space designated for handicap use which is required per ADA standards. The Applicant proposes to re-stripe the existing parking spaces to provide 8 spaces in front with 1 of the spaces designated for handicap use (van accessible space with loading/unloading area), and 5 parking spaces in the rear. The 90-degree parking stalls, excluding the handicap space, would be dimensioned nine (9) feet in width and 18 feet in length and include wheelstops. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic Staff Report - Chow Hut (MSPM 05-007) Memorandum No PZ 05-141 Page 4 control signage and pavement markings will be provided on site to clearly delineate areas on site and direction of circulation. Landscaping: The site plan tabular data indicates that the proposed open space or "pervious" area would be 1,151 square feet or 14% of the total lot area. Proposed landscaping exceeds the minimum requirements for a more tropical outdoor setting. A total of 20 square feet of landscaping is required per parking space (260 square feet required, 1,151 square feet provided). In addition, one (1) tree is required per ten (10) parking spaces (2 trees required, 10 trees provided). Fifty percent (50%) of site landscape materials must be native species and must be indicated on the landscape plan as such (see Exhibit"C" - Conditions of Approval). The proposed landscaping is contained in flush planters along the east and west sides of the building adjacent to the outdoor dining areas and to the southwest corner of the lot to screen the dumpster. Redevelopment of this site has constraints due to existing parking locations, therefore landscaping along the right of way is not possible. Some existing asphalt will be removed along the east and west property lines for planting. The east buffer is 39 feet in length and varies from 4 to 9 feet in width. Within this buffer there is required one (1) tree every 30 linear feet, and a continuous hedge planted at a minimum of 24 inches in height with tip-to-tip spacing. The east buffer will contain three (3) Malayan Coconut Palms (18' to 20' overall), twelve (12) Red Fountain Grass, nine (9) Cocoplum, and seven (7) Hedge Bamboo shrubs (5' by 3' overall). The west buffer, which extends along the entire side property line and screens the dumpster, will contain seven (7) Malayan Coconut Palms (18' to 20' overall), 25 Red Fountain Grass, and 33 Cocoplum shrubs, and four (4) Hedge Bamboo shrubs. All curved trunk palms will be planted to curve away from parking area (see Exhibit "c" - Conditions of Approval). Building Design: Currently a vacant, nondescript building sits in the middle of the site. The floor plan indicates a large kitchen area inside the building and no indoor seating. Proposed is a take out restaurant with covered outdoor seating on each side which resembles a chickee hut. The front of the existing building will have a new covered gable facade, new impact sliding bi-pass windows at the front pick up counter, a matching wooden guardrail in keeping with the chickee hut look, and steel bollards between the building and front parking spaces. The chickee hut additions, with pitched thatched roofs as constructed by Miccosukee Indians, are proposed on each side of the building. The chickees will be supported with several wooden posts and attach to the existing building with a matching parapet wall for required screening of the existing rooftop mechanical equipment (see Exhibit "c" _ Conditions of Approval). Under the chickee huts, paver bricks set in sand will provide flooring, and will extend beyond the chickees as walkways to the landscaping along the sides of the building, and to the adjoining parking areas. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Height: The existing building will remain as a one (l)-story structure. The maximum height Staff Report - Chow Hut (MSPM 05-007) Memorandum No PZ 05-141 Page 5 allowed in the C-2 zoning district is 25 feet. The elevations indicate the proposed building improvements are a total of 19 feet in height at the highest point. Floor Plan: The proposed floor plan indicates building additions in the rear for the following: a walk-in cooler and freezer area, and public restrooms which are only accessible from the outdoor dining area. A mop sink room with an 8 foot screen wall and lockable metal gate is also proposed to the rear of the restaurant between the freezer addition and the restrooms. A dumpster with enclosure is proposed at the southwest corner of the lot to the rear of the building. The dumpster enclosure is required to match the color, materials, and design of the principal building on site (see Exhibit "c" - Conditions of Approval). Lot Coverage: The maximum allowable lot coverage in the C-2 zoning district is 40%. The total lot coverage proposed is 31.6% which includes all areas covered by a building or roofed area, inclusive of the covered patio area. Colors: The elevation plan indicates the proposed exterior color of the building to be Adobe Orange (Benjamin Moore #2171-30) and doors to be Colorado Gray (Benjamin Moore #2136-50) with all wood stained dark brown walnut. However, the Applicant has not provided color samples of the proposed colors and has instead submitted paint chips for Baja Orange (Ralph Lauren Island Brights). Per Chapter 9, Community Design Plan, of the Land Development Regulations, Section 9.A., buildings, structures and site elements shall be in visual harmony with surrounding developments. The proposed orange building color is considered too pigmented or dark and is not compatible with surrounding development. Staff recommends that the proposed Chow Hut be consistent with the colors used at The Harbors 3 story townhouse development nearby at Gateway Boulevard on the east side of Federal Highway. The Harbors colors are: First floor (Sherwin Williams #1334 - Cognac), Second floor (Sherwin Williams #2337-Beacon YelloW), Third floor (Sherwin Williams # 1366-Harvest Moon). Staff recommends Sherwin Williams #2337-Beacon Yellowfor the exterior building color (for the lower 8 to 10 foot portion of the building) and Sherwin Williams #1366 - Harvest Moon (for all the upper portion of the building) which will blend with the thatched roof material. Staff recommends Sherwin Williams #1334 - Cognacfor all exterior doors instead of the gray proposed. A darker shade of brown was originally proposed for the first floor of The Harbors: (Sherwin Williams #1335- Thai tan), which is a lighter brown than dark walnut. Staff recommends that the wood posts supporting the chickees, and all the proposed guardrails be painted Sherwin Williams #1335- Thai Tan instead of being stained walnut brown. In addition, staff recommends that the steel bollards in front be painted Sherwin Williams #1335- Thai Tanto blend in with the guardrails. Staff recommends that the stucco wall to screen the dumpster be painted to match the lower portion of the building (Sherwin Williams #2337 _ Beacon YelloW), and the paver bricks be a complimentary medium terra cotta clay color (similar to S-tile roof at The Harbors) and laid in a herringbone pattern as depicted on the elevation plan. Signage: The elevation page shows the general location of proposed wall signs (no freestanding signage is proposed). The main project wall sign (Chow Hut) would Staff Report - Chow Hut (MSPM 05-007) Memorandum No PZ 05-141 Page 6 be placed over the front windows shown on the north elevation. A note on the elevation drawing indicates that the sign would be made of "sandblasted wood signage, white lettering on brown background". The sign itself would be 9 feet 8 inches in length and 2 feet 6 inches in height for a total of 25 square feet in area. The second wall sign, located on the rear of the building is the same size and would be made of the same material. All project signage is indicated on the elevations and has been reviewed by staff for compliance with the sign square footage allowed based on linear feet of building wall on the north facade which is 20 feet. The main wall signs on the north and south facades are 25 square feet each. The restrooms sign is 4 square feet and the pick up window sign on the west side is 3.5 feet. Collectively, these wall signs would comply with the area limitations as set forth in Chapter 21, Article IV, Section 2.C of the Land Development Regulations. Signs, in general, shall be designed and treated as part of the architecture of the building. They are formally evaluated during the site plan review process. The proposed signs have very large white letters and much less of the background color. The Applicant has not submitted a sample of the brown proposed for the sign background color. Staff recommends the signage details as proposed, with the exception that the background sign color be specified as Behr Premium Plus Exterior #S-G-280 Mango Madness instead of the proposed brown. The mango color will serve as a festive accent color to the recommended yellow, gold, and browns, and is a much lighter shade of orange than the Applicant originally proposed for the building. All new project signage is subject to review and approval of the Planning and Development Board (see Exhibit "c" - Conditions of Approval). Lighting: The elevation plans indicate light fixtures mounted on the wood chickee posts and on the south side of the building. The Photometrics Plan indicates that light pole fixtures (Type SA) in front of the building shall be equipped with shields to reduce light spillage onto adjacent sites. However, the height and color/ material of the freestanding outdoor pole lights and details of the wall mounted light fixtures have not been provided by the Applicant. A note indicates that all equipment placed on the walls of the building shall be painted to match the building color. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value per Chapter 9, Section 10.F.1. of the Land Development Regulations (see Exhibit "c" - Conditions of Approval). RECOMMENDATION: Staff has reviewed this request for approval of a major site plan modification. Staff recommends approval, contingent upon all comments indicated in Exhibit "c" - Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. KZ S:\Planning\Shared\Wp\Projects\Chow Hut\MSPM OS-007\Staff Report.doc LOCATION MAP Chow Hut Exhibit A MSPM 05-007 [][J][][][][][] GO 0000000 D [J[J[J[J[J[JQ D D D D ~;;~ N 250 125 0 250 Feet Â EXHIBIT B I "ì ~iU; un !i h '-;t ~ ~~. ~ j{s \ ~ g 2 g N "~H'''' W ""',1.' ----- 1 21'·..· 1) .. IU ~ 0 õ ~ CJ -J> ~ r= m -( (;) J> -t ~ m E J> -( OJ 0 c r m < '" J> ~ IU ;; ø I' CJ ~l sr' ~~~ ;; ~~8 f- ii . . I ~z dj I .. '-4>' :. '.' i !;~ ~ !; ;; . .,(1' ð~ ¡,¡ I . L-L )2'-/11' ~_____J i ---------------------- N ØØ"#JØØ/Þ" W 1Ðe.'.' ;t.. ~! i !I!ì HII'Ilill! ! IU I ¡ ¡ , "! ¡ II! · 'il ! I 1m I II !¡ I lii!¡ ¡ ! ~ §~ ~ ;~nl ¡P~~ ~U~~ ~!t¡~~ I II!!II!II! m';! I ~II I¡U! u~~- ! 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'... p o IU CHOW HUT ru: I-a ill' IADDmONS/RENOV ATIONS I nJ¡ . . . 558 GATEWAY BOUlEVARD r~; it . BOYNTON BEACH. FL . EXHIBIT B ;:} ~ " ~ ~ . ~ ~ ~ ~ ~ if. Cf.) 1O,1i h it ~ Ô ~ .. ~ .. ts ~ .. ~ .. 1> ~~ t5 II it~ ~r ~; ~~ .~ ~~~ il!U i ~ ='<1_ ~ þ:;¡ ~.;;Õ~ " PI' ~·~l() ~ ~l~ ~~! U ;~~Q~ ": j~£ .. i~~~1 ª "ij~ ~~ ñ~;º ¡ 1;"" U ~g~ ~II 'Id .~ ,,' " t:C ~ :::: Cf.) > '" " t.r1 ~ ~ :::: . n '" ~ " = ~ z:~ ~~i ~3 --: I . t:n s; ~ 0 ) d.. ør ~ ¡¡ 6:~ ;j ;a Z ~ h ~ ~ôì " t ;: ~ I ~ " ~ 0 ~ F '! 2 .. Z ~ ~ ~ ~ ¡; ~ ~" Š ¿~ ~... j" ~ D IU CHOW HUT rll:rl I; ð~ IADDmONS I RENOVATIONS I uJ· . i i Bf ~il 558 GATBNAY BOULEVARD I hi. BOYNTON BEACH. FLORIDA . . EXHIBIT "C" Conditions of Approval Project name: Chow Hut File number: MSPM 05-007 Reference: 2nd review plans identified as a Maior Site Plan Modification with a July 26, 2005 Planning and Zoning Department date stamp marking. , DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: All previous comments have been satisfied. X PUBLIC WORKS - Traffic Comments: All previous comments have been satisfied. X ENGINEERING DIVISION Comments: 1. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART process does not ensure that additional comments may not be generated by the Commission and at pennit review. 3. Show proposed site lighting on the Site and Landscape Plans (LDR, Chapter X 4, Section 7.BA.) The lighting design shall provide a minimum average light level of one foot-candle. On the Lighting Plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A.1.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.1.a.) Include pole wind loading, and pole details in confonnance with the LDR, Chapter 6, Article N, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Glare which is readily perceptible at any point at or beyond the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a fonn of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 1O.F.5). Provide photometries as part of your TART plan submittals. COA 08/05/05 2 , DEPARTMENTS INCLUDE REJECT 4. Coconuts with curving trunks adjacent to parking areas should be planted so X that the trunk curves away from the parking area. 5. Plants specified may not be available in the sizes called out on the plans. For X instance cocoplums presently are only available in 3-gal./16-in. size. 6. Correct Site Drainage calculations to correctly reflect the current Engineering X Design Manual & Construction Standards. 7. Full Drainage Plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required, and reviewed, at the time of permitting. 8. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 9. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b». 11. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants. 12. A letter from the Deputy Director of Utilities will be required at the time of X permitting to allow the use of potable water for irrigation. 13. 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. COA 08/05/05 3 , DEPARTMENTS INCLUDE REJECT 14. Appropriate backflow preventer will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with CODE Sec. 26-207. 15. 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 pennit application. FIRE Comments: All previous comments have been satisfied. X POLICE Comments: All previous comments have been satisfied. X BUILDING DIVISION Comments: 16. The plans shall be approved and stamped by the Department of Business X and Professional Regulation prior to submittal to the Building Division for permit. PARKS AND RECREATION Comments: All previous comments have been satisfied. X COA 08/05/05 4 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 17. An outdoor bar area is shown on the plans. Bars require conditional use X approval (Chapter2, Section 6.). What percentage of the proposed establishment's sales would be from food as compared with beer or liquor sales? Staff will use this figure to determine whether or not the project is considered a restaurant versus a bar. 18. The maximum allowable height in the C-2 zoning district is 25 feet (Chapter X 2, Section 6.B.). On the site plan tabular data (sheet SP1), indicate the proposed building height and ensure that this figure matches the height proposed on the elevations (sheet A4). 19. All trees are required to be at least 12 feet overall height at the time of X installation (Chapter 7.5, Article II, Section 5.C.2.). 20. Fifty percent (50%) of site landscape materials must be native species. X Indicate the amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). On the landscape plan plant list (sheet L 1), separate the trees from the groundcover / shrubs. Furthermore, separate shade trees from palm trees. Indicate by asterisk, the native species and ensure that at least 50% of landscape material is native. 21. All new project signage is subject to review and approval by the Planning & Development Board. On the elevations, indicate the cumulative area of all wall signage, including the "Pick-up" window sign, in order to ensure that it complies with Chapter 21, Article 4, Section C.). The cumulative signage area is based upon the north facade. COA 08/1 0/05 5 I DEPARTMENTS INCLUDE REJECT 22. Rooftops will be treated as part of the building elevation. All rooftop X equipment must be completely screened from view at a minimum distance of 600 feet (Chapter 9, Section Il.E.). 23. Unless the lighting fixtures are all wall mounted, provide a typical drawing X that includes the height and color / material of all proposed freestanding outdoor lighting poles. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.l.). On the elevations (sheet A4), indicate the material and color(s) of the new wall mounted lighting fixtures. 24. The colors of the Chow Hut project are recommended as follows: X Sherwin Williams #2337-Beacon Yellow for the exterior building color (for the lower 8 to 10 foot portion of the building) as well as the stucco wall to screen the dumpster, Sherwin Williams #1366 - Harvest Moon (for all the upper portion of the building) which will blend with the thatched roof material, Sherwin Williams #1334 - Cognac for all exterior doors, Sherwin Williams #1335-Thai Tan for the wood posts supporting the chickees, all guardrails, and the steel bollards in front. Paver bricks under chickees shall be a complimentary medium terra cotta clay color and laid in a herringbone pattern as depicted on the elevation plan. This condition is required to be compatible with area development and consistent with the colors used at The Harbors 3-story townhouse development nearby at Gateway Boulevard on the east side of Federal Highway. 25. All new signage for the project shall be consistent with the sign details, X locations, and sign dimensions indicated on the Elevation Plan (A4) "sandblasted wood signage, with white lettering", however the sign background shall be Behr Premium Plus Exterior #S-G-280 Mango Madness instead of brown. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENT: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Chow Hut APPLICANT'S AGENT: Mr. George Brewer APPLICANT'S ADDRESS: 85 Southeast 4th Avenue, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request a major site plan modification to construct an addition and change the use to restaurant on a 0.18 acre parcel in C-2 zoning district. LOCATION OF PROPERTY: 558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west of North Federal Highway). 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 Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Chow Hut\MSPM 05-007\DO.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM F. AGENDA ITEM REQUEST FORl\'1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) [8] September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17, 2005 (Noon) D September 20, 2005 September 6,2005 (Noon) D November 15, 2005 October 31,2005 (Noon) .~..," -,- ·1-..·. \ -, ~ ..,.;.~¡ D Administrative D Development Plans [8] D - \ i.'_') NATURE OF Consent Agenda New Business N AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business \i) -qtJ:] D Announcement D Presentation --f1Ï ....'-- ~~?~ ~ D .....-.....'.. City Manager's Report ......,...; ::c RECOMMENDATION: Authorize the use of Community Investment Funds in the following amounts: Commissioner Ferguson - $3,800 for the YMCA Partners with Youth Program and $2,500 for the Community Caring Center EXPLANATION: Commission approval for allocation of community investment funds to the YMCA Partners with Youth Program and to the Community Caring Center to assist with these programs. PROGRAM IMPACT: Allocation of funds will assist these programs and organizations. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request Date of Request: September 6, 2005 Requested by: Commissioner Mike Ferguson Amount Requested: $3,800 Recipient/Payee: YMCA Partners with Youth Program Description of project, program, or activity to be funded: Partners with Youth Program at the YMCA. Dated: '3'- J /- ¿J \:y"" By: /72- ¿~;/;L? / Part II - Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $3,700 has been used to date by the requesting Member, leaving a balance of available funds of $6,300. This request would bring the available amount down to $2,500. Accordingly: X There are funds available as reque ed. D There are insufficient funds available s requested. Dated: t 1ft /òS" By: I I Finance Director Part III - Eligibility Evaluation (to be completed by City Manager) r/ The proposed expenditure of funds will not result in improvement to private property; D The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; D The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and cý'" Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: 2>J III 0" BY:~ City Manager EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request Date of Request: September 6,2005 Requested by: Commissioner Mike Ferguson Amount Requested: $2,500 Recipient/Payee: Community Caring Center Description of project, program, or activity to be funded: Community Caring Center. Dated: g -/J-ðj By lt~ /~þ Part II - Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $7,500 has been used to date by the requesting Member, leaving a balance of available funds of $2,500. This request would bring the available amount down to $0. Accordingly: )( There are funds available as requested. 0 There are insufficient funds available s requested. Dated: g!t {~& By: / / Part III - Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; 0 The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and 0 Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19,2005 (Noon) o August 16, 2005 August I, 2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) [g September 6, 2005 August 15,2005 (Noon) o November 1,2005 October 17,2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15,2005 October 31, 2005 (Noool . }-,·I 1-" ?:~ 0 Administrative 0 Development Plans I NA TURE OF [g Consent Agenda 0 New Business ·....f) AGENDA ITEM 0 0 ~,- Public Hearing Legal :'t1ra ~'-. _...w.. :"'."'¡ . f 0 Bids 0 Unfinished Business 0 -,~~~ C) 0 Announcement 0 Presentation -- -rr1 ~.""""") ...,...;:;. 0 ~ì . "õ City Manager's Report -'- RECOMMENDATION: Commission approval of a $5,000.00 donation to the Boynton Beach Faith Based CDC from the state law enforcement trust fund. EXPLANATION: In accordance with Florida State Statute 932.705 the Boynton Beach Police Department maintains a law enforcement trust fund which has a current balance in excess of$15,000.00. In accordance with the statute, the department is required to expend or donate 15 percent of the proceeds in the trust fund for the support or operation of any drug treatment, drug abuse, drug prevention, crime prevention, drug abuse education, safe neighborhood or school resource officer program. The Boynton Beach Faith Based CDC Peacemakers program which serves the Boynton Beach community, includes a strong anti-druglanti-crime educational component and as a result, is qualified to receive funding from the law enforcement trust fund. PROGRAM IMP ACT: Educational and personal development opportunities for youth residing in the City of Boynton Beach. FISCAL IMP ACT: There are sufficient funds in the law enforcement trust fund to provide for this donation. ALTERNATIVES: ~ City Manager's Signature Kurt Bressner Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC BOYNTON BEACH FAITH BASED CDC PEACEMAKERS PROGRAM REQUEST SUMMARY AND BACKGROUND The BOYNTON BEACH FAITH BASED CDC seeks $9,000 to support the before school segment (4 days per week) and the Friday after school segment of the Peacemakers Program. The CDC is a non- profit charity designated as a 501 (c) (3) organization by the IRS. The CDC implemented the Peacemakers Program in Galaxy and Poinciana Elementary schools for the full 2004/05 academic year after making changes in the program based upon the experiences gained in the period of spring of the 2002/03 academic year. The program will include anti-drug education in the morning, before-school sessions as well as on the Friday afternoon after-school sessions, the two time segments that offer the greatest possibility of getting the message across. We seek Police Department funding for those two program segments. Backaround Poor academic achievement has consistently predicted later delinquency. Through early, school-oriented, intervention the Peacemaker youth project addresses the potential delinquency problem earlier in age. The goal of the project is to improve academic performance and in-school behavior of elementary school students who exhibit behavioral difficulties that hinder academic progress or achievement. The goal is to be attained through a behavior intervention and academic support regime designed to prevent tendencies that lead to undesirable outcomes and to improve social and academic performance. The program was implemented in the spring semester of 2003 as a pilot youth leadership and development program for students from two Boynton Beach elementary schools. The students were referred to the program by their schools (Galaxy Elementary and Poinciana Elementary) because of poor performance in school. Based upon the reactions of teachers (and their principals) whose students participated in the project, the program was successful in modifying students' behavior as well as improving their performance. The program was not implemented in the 2003/04 school year, but was reinitiated in the 2004/05 school year. History and Summary Peacemakers Proaram The Boynton Beach Faith Based Community Development Corporation (CDG) Youth Leadership Program (Peacemakers) served 40 (started with 40 ended with 35) participants who were identified by their schools. The children exhibited risk factors that ultimately lead to self-destructive and risk-taking behaviors. These participants (in grades 3-5 identified by Poinciana and Galaxy Elementary School) benefited from early intervention and prevention strategies, that support family, school safety, reduction of neighborhood violence, juvenile delinquency and drug abuse (see letters of support). The CDC has developed a highly motivated youth committee that successfully implemented the program last academic year. The principals of Poinciana Elementary and Galaxy Elementary believe that 2002/03 was successful and would like to continue the project. The Program was reinitiated in 2004/05 with funding from the Commissioners of the City of Boynton Beach and substantial funding from the Jim Moran Foundation. Operation Format or Protocols The Peacemakers Program is a before and after school program. It is a partnership with the participating neighborhood schools. In each school the children meet with a mentor before school twice per week. The morning session is intended to remind children to stay on task and to discuss issues with them. Student performance records were either not kept or were incomplete for the pilot year. After the initial experience Boynton Beach Faith Based CDC Peacemakers Program 1 the COC established reporting protocols for each child. The information collected includes academic and test performance and also behavior: · Program attendance · Grades on report cards · Standard Reading Index (SRI) scores and · FCA T scores as well as a monthly in-school academic performance-conduct reporting form to be completed by teachers. The Program staff and the Coordinator as well COC staff monitor the program as well as student performance on a continuing basis. As an example an in-school monthly reporting form was introduced in March, 2005, because of the realization that the reporting used to that date was not adequate. It lacked timely information relating to performance and behavior. GOAL, OBJECTIVES, AND PROCEDURES Goal The overall goal of the Peacemaker Program is to develop elementary school youth to become productive adults. The Program is structured to get participants onto the right track to accomplish the goal. Then, through tracking and follow-up assure that the participants continue to be headed in the right direction through middle school and high school. Participants will benefit from increased self-esteem and will learn how to become good citizens. Youth who receive this training and mentoring through the Peacemaker Program of the Boynton Beach Faith Based COC will have a sense of purpose and positive outlook which should help them attain education objectives and to lead productive lives. The students who participated in the program in 2003 had positive outcomes and displayed greatly improved behavior. There is no reason to expect otherwise from future participants. Through use of school records and tracking quantifiable objectives will be measured and evaluated. Measurable Objectives The measurable objectives are related to behavior and academic performance: 1. Increase parents' participation in their children's school activities - parents will participate in at least two Peacemaker or school activities per month (one during the three week summer program), 2. Improve student in-school behavior -discipline referrals will be reduced by 50%, and 3. Improve academic performance ~ FCA T scores will increase - 65% of participants will demonstrate at least one year's improvement ~ Scholastic Reading Inventory (SRI) will improve for participants at a greater rate than average; (in the event of a summer program there will be no decrease over the summer _ as is the norm - end of school SRI and fall will be at least equal); ~ GPA's of participants will increase by at least one-half a grade point in language arts and math; and ~ At least 70% of participants will graduate from High School. In sum, through the Peacemakers Program the Boynton Beach Faith Based COC and collaborating schools will provide a replicable model that brings together schools, community based organizations, and residents into a collaborative partnership that leverages the strength of each group to improve student performance socially and academically. Boynton Beach Faith Based CDC Peacemakers Program 2 Procedures The Peacemaker Program will work closely with the Principals and appropriate faculty of Galaxy and Poinciana Elementary Schools. The Boynton Beach Faith Based CDC has already received a preliminary list of students identified for the program from each school. After getting the necessary privacy waivers signed by parents, the Project Manager together with Peacemaker staff assigned to a student will review relevant information for that student. Academic and behavior related information will be included: >- Scholastic Reading Inventory >- FCA T (if available - do not test every year) >- Relevant information for math achievement >- School grades/report cards >- Monthly progress reports, >- Disciplinary referrals, and >- Attendance to Peacemaker sessions At the end of each school year students take the SRI exam. Participating students will be given the same exam at the initiation of the new school year. Generally, over the summer break students do not retain much of what they were taught the previous year. Those who participate in the summer Peacemaker Program will retain what they had learned the previous school year. There is no similar exam for math. Thus participant math performance will be evaluated through their report cards and teacher assessments. As part of the mentoring and through the reward system, the program stresses behavior and responsibility. The Chair of the Boynton Beach Faith Based CDC's Youth Committee (Mr. Steve Miller) has served as Program Coordinator. While it is a voluntary position, the Coordinator will act with full authority of the Board of Directors. Mr. Miller is a Juvenile Probation Officer with the Department of Juvenile Justice. The Project Manager, a hired position, will report to the Program Coordinator. Together they will make sure that the proper tracking protocols are established and implemented. They will also conduct the mentoring sessions that will be held - before school during the school year and either at the beginning or end of the daily program during the summer. All program staff will report to the Project Manager. He or she will also be responsible for data entry and assuring that all necessary documents and permission slips are complete. Teachers from Galaxy and Poinciana Elementary Schools will serve as tutors and academic coaches for the Peacemaker Program. Teachers from each school participated in the program in 2004/05 and have agreed to continue. The Peacemaker Program requires that at least one parent or guardian of each child participates in a program activity per month - once during the summer. Taken together the regular phone contacts and the parents' active participation will assure parents' involvement in the program. PROPOSED ACTIVITIES, EXPECTED OUTCOMES, AND FUNDING REQUEST The Boynton Beach Faith Based CDC and the principals of the local elementary schools would like to build upon the success of last year's experience and to formalize the project into a multi-year program that tracks students' progress while using student-participants as mentors and that could be replicated elsewhere. Through the activities participants will be taught the social skills necessary to succeed in the classroom and in life. The skills will be monitored both during the school day and after school in the community. Students will engage in activities designed to teach the following lessons: Boynton Beach Faith Based CDC Peacemakers Program 3 ~ Anger management and learning that retaliation is destructive to all ~ Understanding that drug use is destructive to themselves, their families, and their community, ~ Learning that failure can lead to success, ~ Learning to react to disrespect, ~ Using self control, ~ Learning to change "bully" behavior, and ~ Understanding responsibility. Through regular reports and through required participation in at least one program or activity per month, parents will be involved and engaged in the program and their children's progress and performance. The program has two sets of required activities: a before school or early morning program and an after school program. They are related and we require participating students attend both parts. The morning sessions are oriented towards behavior and attitude. Thus they are one of the two appropriate "windows" to teach an anti-drug message. Because academic tutoring occurs Monday - Thursday there is no time for anti-drug education. Special anti-drug presentations and modules will be presented on Friday afternoons. Presentations by the Boynton Beach Police Department, the School District Resource Officer, the Palm Beach County Sheriff's Office as well as from MAD DADS and MADD are planned. In addition materials/ideas will be used from "Drugs, Alcohol, and Tobacco with Teaching Strategies," by Meeks, Heit, and Paige. Although they are part of the program, the field trip enrichment activities are not required. The field trips are enrichment. For example during the 2004/05 year the Peacemakers Program visited · the African American Research Library in Ft. Lauderdale, · the Norton Museum in West Palm Beach, and · the Dagger Wing Nature Center. Early Mornina The Peacemaker project is a hands-on practical approach and thus the activities playa central role in the project. Breakfast meetings will be held with student participants twice a week at each location (a total of four meetings per week). At these meetings the project manager/mentor will give a guidance/pep talk that will include an anti-drug message, exhortation to stay on task, and will also invite students to talk about the problems that they had since the last meeting. A typical scenario describes how the meeting functions: Student: "I was sent to the principal's office for fighting on Tuesday." Mentor: "Why were you fighting?" Student: "James was calling me names. I wanted to shut him up." Mentor: "How else could you have handled the situation? Was fighting the only thing you could have done?" Student: "I think so." Mentor: "It got you no place. All you did was get in trouble. You could have talked to the teacher or another adult." Student: "How could I have done that? The other kids would laugh." Boynton Beach Faith Based CDC Peacemakers Program 4 Mentor: "Sometimes you have to be stronger in a moral or spiritual way than those around you. It's hard to do, but in the end you're better off." After school Two teachers, assisted by two recreational specialists, will lead each after school session. The after school program will be structured to improve participants' FCA T performance and also to improve social behavior. At least twice a week after school sessions, 2:00 - 4:00 will be held. (Snacks will be provided.) Special programming will be conducted for those who can't go home till 5:00. The afternoon sessions include a recreational activity plus, more importantly, mentoring, homework, and tutoring sessions. Seniors from the community as well as older youth (high school students) will serve as mentors and tutors. The Friday afternoon sessions are for recreation and civil education - drug abuse, anti-crime, etc. Schedule of Activities: All activities are in-school. The morning sessions are two days per week at each school and the afternoon sessions are two days per week at Poinciana and three days per week (including Friday) at Galaxy. Before School Program Monday - Thursday 7:30am to 8:00am (over breakfast) After school Program Monday - Thursday 2:00pm to 4:00pm (snack) Fun Fridays Friday at Galaxy Elementary field 2:00pm to 4:00pm (snack). There will be a civil education aspect to Fridays afternoons. Presentations will be made by Palm Beach County Deputies as arranged through Community Services office of the PBC Sheriff's Office. In addition, we will seek material from MAD DADS of Greater Boynton Beach, MADD, and other appropriate sources. Field Trips Days and times vary according to the activity. Generally, however, in-door enrichment trips are during the week and will replace the regular after school activity. Recreational trips will generally be held on the weekend. The latter (recreation) are to be used as a reward or award for improvement and good behavior. BUDGET NARRATIVE The BOYNTON BEACH FAITH BASED CDC plans to run the program for thirty weeks during the 2005/06 academic year. The budget presented in the table is based upon a 30 week program. The table has five columns. The "Items" are separated by function. Thus, for example, "Personnel" does not include a driver; the driver included under transport. 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II) ~ ~ f- CI) 12 ..: ..: f- ro 0 c: f- CI) Q) .E 0> Q) "'0 ::J .¡::: 1.9 u u c Q) Q) C) "- Õ 'E L.. B "'0 0 f- ë{ "'0 0 .0 ns f- ..= ro ro .0 e .c > > .0 e ::J .0 0 Q "- .¡::: Q) "- .¡::: ::J C C C ::J Q) .¡::: .¡::: ::J II) .c " ::J D- a.. lL. cc a.. """ N lL. > CJ) (/) (V) (V) CJ) CJ) CJ) .... > 0 0 CJ) D- c a.. « CJ) .... VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16,2005 August 1, 2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) [8J September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17, 2005 (Noon) D September 20, 2005 September 6,2005 (Noon) D November 15, 2005 October 31, 2005 (Noon) D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Authorize the use of$500 of Commissioner Ensler's Community Investment Funds for the Head Start Program in the City of Boynton Beach. EXPLANATION: Commission approval is requested for allocation of community investment funds to the Boynton Beach Head Start program to be used as needed to facilitate on-going programs and activities. PROGRAM IMP ACT: Allocation of funds will assist these programs and organization. FISCAL IMP ACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ES: Decline to authorize the requested use. ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 19,2005 Requested by Mayor/Commissioner: Commissioner Ensler Amount Requested: $500.00 Recipient/Payee: Boynton Beach Head Start Program Description of project, program, or activity to be funded: To be used as needed to facilitate the on-going programs and activities at the Head Start Center in the City of Boynton Beach. Dated: BY:~/~¿ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $ 9,500 has been used to date by the requesting Member, leaving a balance of available funds of $500. This request would bring the available amount down to $ o. Accordingly: X There are funds available as requeste o There are insufficient funds available a Dated: ~ k I ö.Ç By: I I Part 111- Eligibility Evaluation (to be completed by City Manager) ¡¡¡r' The proposed expenditure of funds will not result in improvement to private property; ¡;y- The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ¡;y' The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and cý Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. cY"" If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits~ Dated: S\ "û-\CJ-ç- By: b City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - Head Start. doc, 8/1912005 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meetine. Dates in to City Clerk's Office Meetine. Dates to City Clerk's Office o August 2, 200S July 18,2005 (Noon.) o October S, 200S September 19, 200S (Noon) o August 16, 200S August 1, 200S (Noon) o October 18, 200S October 3, 200S (Noon) 181 September 6, 200S August IS, 200S (Noon) o November 1, 200S October 17, 200S (Noon) o September 20, 200S Seplember6, 200S (Noon) o November 15, 200S October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 181 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve the updated Library Long Range Plan for 2005-2008. EXPLANATION: The State requires that each year, the City Commission formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. PROGRAM IMPACT: Approval will qualify the Library to apply for State Aid Grants. FISCAL IMP ACT: State Aid Grants can bring additional library resources to the community. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. The Library would also have to withdraw from the Library Cooperative of the Palm Beaches as membership in the COOperative is contingent on meeting the State reqUìreme~ (KF~ /fIÝ.~ Department HeadtS Signature City Manager's Signature ~ Library ~c~ Department Name City Attorney I Finance I Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC Boynton Beach City Library Long-Range Plan FY 2005-2008 A. Mission Statement. The mission of the Boynton Beach City Library is to select, organize, preserve and make available, freely and easily, to all residents of the community, printed and other materials, within the limitations of space and budget, which will aid them in the pursuit of education, infonnation, research, recreation and in the creative use of leisure time; and further to provide skilled guidance in the use of the library and its materials and electronic resources. B. Service Statement. The Boynton Beach City Library provides our customers with the best resources and personal servIce. C. Long-Range Goals - General Statements. The following goal statements define the philosophy of service and detennine the broad-based elements of the practical implementation of the library service philosophy subscribed to by the Boynton Beach City Library. I.O.Reference. Patrons receive up-to-date and accurate infonnation in a timely manner with assistance from courteous and intuitively alert staff. 2.0.Popular. Patrons have access to current, high demand, high interest materials in a variety of fonnats, within a reasonable time frame. 3.0.Independent Learning. Independent learners obtain materials, programs, infonnation and staff assistance to attain their goals. 4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 5.0.Facilities. Patrons are provided attractive, well-maintained, user-friendly facilities offering expanded technologies. 6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and technology- and service-oriented staff. 7.0.Technology. Patrons and staff use appropriate technology to facilitate access to infonnation. 8.0.Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 9.0.Cooperation. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. 10.0.Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation and modification of the organization and its operations, policies and procedures. 1 D. Goals and Objectives. I.O.Reference. Patrons receive up-to-date and accurate infonnation in a timely manner with assistance ITom courteous and intuitively alert staff. 1.1.0bjective 1. Increase transactions by two percent (2%) per year, using FY2004 as the base year, FY2005-2008. I.2.0bjective 2. Continue to improve patron access to reference materials and magazine articles, in all fonnats including electronic resources, by expending 10% of State Aid Funds in this area, FY2005-2008. 1.3.0bjective 3. Plan, develop and implement a business, finance and government infonnation service program, FY2005-2008. IA.Objective 4. Serve as the infonnational resource center for education issues, FY2005-2008. I.5.0bjective 5. Business Services. Develop and maintain high quality, relevant and customer- oriented service. Outcome 1. Offer staff training dealing with communication, customer relations, team building and organizational skills, FY2006. I.6.0bjective 6. Suµport Services. Increase awareness of high interest items via standard and enhanced cataloging. Outcome 1. Continue to add Lexile reading levels to catalog records, FY2006. 2.0.Popular. Patrons have access to current, high demand, high interest materials in a variety of fonnats, within a reasonable time ITame. 2.1. Objective 1. Review and update Collection Development Plan, FY2005-2006. 2.2.0bjective 2. Increase total materials circulation (all fonnats) by one percent (1 %) annually. 2.3.0bjective 3. Increase total number oflibrary cardholders by two percent (2%) annually. 2A.Objective 4. Expand the collection in all fonnats by expending up to 30% of State Aid funds in this area, FY2005-2008. 2.5.0bjective 5. Improve patron access to circulating and reference materials in all fonnats (including home access to electronic resources), ongoing. 2 3.0.Independent LearniDl!. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 3.1.0bjective 1. Refine and continue to expand public computer training, concentrating on library skills, word processing and Internet usage, FY2005-2008. 3.2.0bjective 2. Define, collect statistical data, such as computer use logs, classes and web site use, and measure public use of electronic resources against FY2004 baseline, FY2005-2008. 3.3.0bjective 3. Continue to utilize library resources to extend hands-on learning experiences to the Schoolhouse Children's Museum, FY2005-2008. 3.4.0bjective 4. Continue Youth programs and implement refinements, FY2005-2008. 4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 4.1.0bjective 1. Develop one additional school partnership annually, FY2005-2008. 4.2.0bjective 2. Construct and implement a user survey for school-aged children, FY2005-2006. 4.3.0bjective 3. Enhance resources to support the improvement of school-age reading, FY2005-2008. 4.4.0bjective 4. Continue to offer free online Live Homework Help. 5.0.Facilities. Users are provided attractive, well-maintained, user-friendly facilities offering expanded, relevant and appropriate technologies. 5. 1. Objective 1. Operate Schoolhouse Museum facility annually, FY2005-2008. 5.2.0bjective 2. Business Services. Provide a secure environment for patrons using the library campuses. Outcome 1. Continue to strive for fewer incidents in and around the library facility and grounds. Outcome 2. Provide proactive security guard and staff on duty at appropriate times 5.3.0bjective 3. Public Services. Refine and expand access to electronic equipment and resources for all ages. Outcome 1. Offer patrons at least eight (8) computer classes on a variety of subjects. Outcome 2. Continue to request and add patron email addresses to COALA database and encourage patrons to set up PIN numbers to use special COALA features. 5.4.0bjective 4. Business Services. Implement library design and construction, FY2005-2006. 3 Outcome 1. Provide Project Management for the library design and construction project, FY2005- 2006. Outcome 2. Select and acquire furniture & equipment using State Construction Grant funds for Library Expansion Project. 5.5.0bjective 5. Support Services. Create a unified electronic information source. Outcome 1. Implement SIRSI hardware replacement. 6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and technology- and service-oriented staff. 6. 1. Objective 1. Working with the City's Professional Development Manager, incorporate city's education/training component into library staff training plans. 6.2.0bjective 2. Special Services. Recruit, train and sustain a dedicated staff, board and volunteers. Outcome 1. Evaluate, revise and implement the strategic plan. 6.3.0bjective 3. Provide staffwith training and program opportunities that emphasize City of Boynton Beach Core Values, FY2005-2008. 7.0.Technolo2:v. Patrons and staff use appropriate technology to facilitate access to information. (See also full Technology Plan - Addendum A) 7.1 Objective 1. Continue expansion and replacement of existing public access to electronic tools, FY2005-2008. 7.2.0bjective 2. Implement plans for incorporating electronic library access in the Museum, FY2005- 2006. 7.3.0bjective 3. Upgrade COALA network hardware, FY2005-2008. 7.4.0bjective 4. Continue to enhance Web site, FY2005-2007. 7.5.0bjective 5. Plan and implement patron interactive OPAC features (in-house and remote access), FY2005-2007. 7.6.0bjective 6. Public Services. Refine and expand access to electronic equipment and resources for all ages. Outcome 1. Increase computer course titles from 6 to 8. Outcome 2. Add SEFLIN single search portal to web site, FY2005-2006. 4 7.7.0bjective 7. Complete, approve and implement a technology plan for the museum, FY2005-2008. 7.8.0bjective 8. Address public access software upgrades and licensing, FY2005-2006. 8.0.Public Relations. The community is aware oflibrary/museum resources and materials and the availability of staff assistance. 8.1.0bjective 1. Review techniques and methods for marketing/promoting the library throughout the community, and develop and implement a public relations plan that will facilitate community awareness, FY2005-2007. 8.2.0bjective 2. Conduct user surveys to detennine the customer satisfaction level, FY2005-2007. 8.3.0bjective 3. Continue to build a closer working relationship with news media. 8A.Objective 4. Utilize the Internet to promote ongoing services. 8.5.0bjective 5. Create and maintain partnerships among museum/library/ schools/businesses. Outcome 1. Maintain existing and create five new community relationships. 8.6.0bjective 6. Continue marketing of museum programs and services, FY2005-2008. 8.7.0bjective 7. Public Services. Enhance citizens' knowledge oflibrary and museum services, FY2005-2008. Outcome 1. Promote a different service each month. Outcome 2. Cross promote library and museum. 8.8.0bjective 8. Special Services. Gain regional recognition for innovative programs involving parent-child interaction. Outcome 1. Gain recognition for innovative programs involving parent-child interaction, FY2006. Outcome 2. Target market the Museum and the Boynton Beach City Library through multiple medians, FY2006. 9.0.Cooperation. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. 9. 1. Objective 1. Increase staff participation in SEFLIN, FY2005-2008. 9.2.0bjective 2. Expand membership in the Library Cooperative ofthe Palm Beaches, FY2005-2008. 5 9.3.0bjective 3. Develop a COALA expansion of services plan and implement, FY2005-2008. 9.4.0bjective 4. Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of the Palm Beaches, FY2005 _ 2008. 9.5.0bjective 5. Improve access to infonnation for residents of all ages by promoting Library Cooperative reference programs, FY2005-2008. 9.6.0bjective 6. Increase the availability oflibrary resources and services to serve special populations within the Library Cooperative service area, FY2005-2008. 9.7.0bjective 7. Increase awareness of programs, services and benefits ofthe Library Cooperative, FY2005-2008. 9.8.0bjective 8. Provide equal access to public library service for all residents in the Library Cooperative service area, FY2005-2008. 9.9.0bjective 9. Increase the effectiveness of member library staff by providing appropriate continuing education and training opportunities, FY2005-2008. 9.10.0bjective 10. Promote cooperation among Library Cooperative members by involving staff at all levels in planning and evaluation, FY2005-2008. 9.11.0bjective 11. Support Services. Continue and expand cooperative services and staff participation in COALA, SEFLIN and the Library Cooperative of the Palm Beaches. Outcome 1. Provide opportunities to full-time staff members to attend at least one cooperative activity each. Outcome 2. Encourage staff usage of SEFLIN' s "Community of Learning." Outcome 3. Encourage staff & patron usage of SEFLIN's "MyLibraryService.org" and "MiServiciodeBiblioteca.org. " 9. 12.0bjective 12. Expand access of other libraries to our collection materials through interlibrary loan via FLIN/OCLC, FY2005-2008. 9. 13.0bjective 13. Public Services. Promote visits to Town Center, FY2005-2008. Outcome 1. Attain press coverage at least five (5) times in the print media. Outcome 2. Conduct at least one (1) genealogy/family history program in conjunction with the Museum during the operating year. 10.0.Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization, and its operations, policies, and procedures. 6 I O.1.0bjective 1. Publish library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of informational resources, and are relevant to the needs and demands of the community, FY2005-2008. I0.2.0bjective 2. Review and evaluate existing procedural manual for relevance and currency, FY2005-2008. I 0.3.0bjective 3. Conduct annual reviews oflibrary policies and procedures so as to insure relevance, currency and effective community access to the library's information resources, FY2005-2008. lOA. Objective 4. Revise and update the Long-Range and Technology Plans reflecting current and future needs for the provision of quality library services and information resources to the community, annually. I O.5.0bjective 5. Assist in the planning, development, and implementation of a Strategic Plan for the Schoolhouse Children's Museum, FY2005-2008. ADDENDUM A. LIBRARY TECHNOLOGICAL SERVICES PLAN I.O.Mission Statement. The Boynton Beach City library envisions the use of technology to expand and enhance public access to its diverse inventory of information service products. In this endeavor, the library will continue to fulfill its function as the community's information resource center, serving a diverse, multicultural clientele. I.I.Statement of Purpose. It is the intent of this library to establish, maintain and continue to develop an environment that facilitates efficient and effective public access to the wide range of informational resources available through the use of state-of-the-art technological tools. An optimum accessibility environment would include the use of current technology, such as computers, electronic assistive devices, wide area networks (W ANs), internet and other telecommunication tools, online catalogs, web sites, electronic materials and the like. In this "patron friendly" technological context, the training of all library staff members and patron/clients alike is an essential element in the success and growth of such an information rich environment. The knowledge of the "how's, the what's and the where's" of the technological tools of our information age is the key to success. Therefore, the training of library staff members and patron/users is a pivotal component in the library's current and future service programs and operations involving the use of technological tools. It is implicit that technology and training are critical components in the formula necessary for the development and execution of high quality, effective and readily accessible information services to Library customers, including those clients with special needs and the community at large. 2.0.Goals, Objectives, Outcomes and Measurements 2.I.Goall. Provide for expanded client access to the informational resources available at the local, regional, state, national and international levels through the increased utilization of state-of-the-art technological tools and resources. 7 2. 1. 1. Objective 1. (Hardware and Software). Acquire, maintain and upgrade the technological capability enabling the expansion of access to the wide range of infonnational resources and the maintenance of a secure and safe electronic environment, FY2005-2008. Outcome 1. Implement a computer upgrade plan providing a schedule for replacing one third of the library's public computers every year. Measurement 1. Purchase and install a WYSE tenninal server. Measurement 2. Ten public computers are replaced each year beginning in FY2005. Outcome 2. Continue following network infrastructure upgrade plan by providing a schedule for replacing all ofthe servers, communications hardware and other related equipment within a five- year period. Measurement 2. At least one server and one switch/hub/router are replaced each year beginning in FY2004. Outcome 3. Implement printer and scanner upgrade plan providing a schedule for replacing the library's public printers and expanding printing capability. Measurement 3. At least one public printer is replaced each year beginning in FY2004 and at least one additional public printer and one coin-op are added in FY2006-2007. 2.l.2.0bjective 2. (Electronic Products). Enhance and expand public accessibility to the wide range of infonnation resources through a continuing process of introducing relevant technological tools. In addition to relevance, these tools should also produce efficient, effective, secure and high quality public service product results, FY2005-2008. Outcome 1. Take advantage of regionaVstate database purchasing agreements to expand public access to available databases by adding at least one additional database service per year, FY2005- 2008. Measurement 1. Beginning in FY2004, one new database will be added to the library's public service inventory. Outcome 2. Review use of all databases each year and add/delete those databases not frequently used. Measurement 2. Staff will meet two times during the year to review viability of library databases. Outcome 3. Offer expanded Internet access to the community on the public computers, installing Internet connection on four public computer workstations in the Museum. Measurement 3. Internet connection installed and functional, FY2006. Outcome 4. Offer Interactive Learning Games related to the various Schoolhouse Children's Museum themes on four public computer workstations, FY2006-2007. 8 Measurement 4. Software for interactive learning games installed and functional on four public computer workstations in the Schoolhouse Children's Museum, FY2006-2007. Outcome 5. Purchase and install dedicated server for storage of a digital collection providing public access to an interactive community, serving four onsite workstations and ten simultaneous remote users, FY2005-2007. Measurement 5. Server acquired, installed and functional for four on site users and at least ten remote users. 2.1.3.0bjective 3. (Telecommunications). Secure the appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internetlW orId Wide Web access for all library patrons/users, FY2005-2008. Outcome 1. Staff to review at least once a year the pricing, viability and effectiveness of current telecommunications product agreement. Measurement 1. The price is competitive; product is reliable with no more than one failure per month. Outcome 2. Lease and have installed one DSL line for bandwith load balancing. Measurement 2. DSL line for bandwith load balancing leased, installed and functional. 2.1.4.0bjective 4. (Administration). Develop, implement and refine policies and procedures which will provide for an efficient and effective public service product, an internal structure to operate and maintain the service and a cost effective product environment, FY2005-2008. Outcome 1. To have in place a clear, concise and relevant set oflibrary technology related policies and procedures, which insures ease of public access and maintainability. Measurement 1. At least once per year, staff reviews, revises or otherwise updates existing and/or proposed technology related policies and procedures. 2.1.5.0bjective S. (Administration). Develop an organizational structure, which will provide for the maintenance and support of the public access Internet/Web service product, as well as other online services to the patron/user, FY2005-2008. 2.2.GoaI2. (Partnerships). Establish working partnerships with the community at large, including local Governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. 2.2. 1. Obj ective 1. (Community). Establish a team oflocal representatives to assist in the development of a plan of action, which would determine effective approaches to supporting and promoting technological accessibility to information by the general public. Some considerations would include the optimization ofInternetlWeb and distant learning capabilities, FY2005-2008. To be addressed during the current planning period. 9 2.2.2.0bjective 2. (Partnerships). To establish partnerships with local community groups, organizations, institutions, etc., for the purpose of supporting and promoting public access to Internet/Web and other electronic infonnation service relevant to patron/user needs and the needs of the community at large, FY2005-2008. To be addressed during the current planning period. 2.3.GoaI3. (Hardware and Software). Enhance/upgrade existing access tools through the introduction of technologies and knowledges that promote efficient, effective and expanding use of and access to the wide range of infonnational resources by the library's patron/users and the community at large. Conceptual options currently under consideration. 3.0.Professional Development Strategy. In order to maintain and grow a set oflibrary service products based on technological developments the Library will continue to provide technology training and learning opportunities for the employees. Improving and enhancing the Library staffs ability to assist the public with accessing infonnation using 21 st century technology and building the staff comfort level is the expected outcome of such training. The professional development strategy takes into consideration the technology needs of both patron and staff. 3 . 1. Objective 1. (Training: Staff). Develop an ongoing library stafftraining program that will establish and maintain basic technological skills enabling ease of access. It will include Internet/W eb access and search strategies, using and searching the online catalog and other skills and knowledge required to function in an electronic infonnation environment and gives a working knowledge of the technological tools and resources available in the library, FY2005-2008. Outcome 1. All full time employees who work with the public will be trained in the use of the Unicorn Circulation System, so as to have sufficient backup personnel for the Circulation Desk. Measurement 1. Each full time staff member will attend one Unicorn-specific training opportunity provided for by the library's Network Administrator. Outcome 2. All full time employees will be trained in the use of library related software products, so as to more effectively work with the public on technology related issues. Measurement 2. All full time employees will attend at least one library related software product- training event per year. Outcome 3. All professional librarians will participate in technology-related training or continuing education events to improve library related technical skills when working with the public. Measurement 3. Professional librarians will attend at least one technology training event, workshop, conference, or seminar each year. Outcome 4. The library's Network Administrator will train backup personnel in the operations of the network in order to create an effective level of redundancy. This would maximum problem solving. Measurement 4. The Network Administrator will provide for three library network-related training events for at least two professional staff members during the year. 10 Outcome 5. The Network Administrator will attend system specific training events in order to maintain a state of the art practical knowledge of network functions. Measurement 5. The Network Administrator will attend at least one bibliographic network conference or workshop per year. 3.2.0bjective 2. (Training: Patrons) Provide training and learning opportunities for all library patrons served by the Library so as to increase access to information and open new informational opportunities. Outcome 1. Increase the types of computer training programs by 5% through an expansion of learning opportunities to include basic computer and Internet skills, electronic bibliographic searching, emailing and office product software. FY2005-2008. Measurement 1. Increased participation documented through the attendance logs and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. Outcome 2. Increase the number oflibrary patrons who have a strong basic practical knowledge of using technological tools to search bibliographic and other data bases by 5%, FY2005-2008. Measurement 2. Documented through training attendance logs and reduced time requiring staff intervention as documented through monthly reports and statistical data. 4.0.Åssessment of Technology Services, Equipment, Software and Other Resources 4.1.Network. The library's network infrastructure consists of a SUN Fire V240 2 U Rack Server, for the day-to-day operations of the bibliographic database, including OP AC and cataloging. The Sun Fire is running Solaris 9 UNIX, SIRSl's Unicorn and Apache Web server. The library's domain and Internet proxy service and filtering software are running on a HP ProLiant DL380, running on Windows 2003 Server. There is a file server on another HP ProLiant DL380 (Windows 2003 server) which houses the library's filtering software database. A Dell OptiPlex computer is setup solely for file storage and system administration. A Compaq ProLiant DL360 serves as a terminal server for some public access PCs. The communications hardware includes: three 3Com Super Stack II switches and one 3Com hub which connects the computers; one Cisco 2801 Router which is the library's internet connection; and one Nortel Networks BayStack 450-24T switch for splitting the City network from the library. The communications circuit is a full Tl connection provided by BellSouth to FIRN. 4.2.Computers. For public use there are available 45 Compaq or Dell PCs of various models, serving the library and the museum. All computers are running MS Windows 98 (with Fortres (for computer security) and Clean Slate (for computer management) or XP, MS Office Suite or Norton Anti- Virus. All public computers have access to the Internet, using MS Internet Explorer or Mozilla, with the exception of the three OP AC units and two word processing computers. Four Wyse terminals and up to ten computers run with programs on the terminal server. For staff use, there are available 34 Compaq or Dell computers of various models. They are used for Administration, Support Services, Youth Services, Public Services and GIS functions. 11 4.3.Printers. There are two printers, various black and white HP models, available for the public to use. For staff, there are 14 printers available, various HP color and black and white models. 4.4.Technical Support. The network is supported by 1.1 FTE staff in-house, the City's ITS staff and SIRSI Corporation. Occasionally, for special projects, the library will contract for short-term support. 4.5.Databases. The library currently subscribes to eight (8) online databases. They are: Alldata, Ancestry Plus, First Search, NewsBank, Historical New York Times, Palm Beach Post, Reference USA and the Sun-Sentinel. Another 18 databases are available through the State Library. 4.6.GIS. A computer kiosk provides public access to a wide variety of city maps and answers questions concerning utilities, zoning, geographic locators, etc. This is connected to the city GIS database. 4.7 .Staff Training. Currently, the general library staff is trained in basic to intermediate computer use, including Internet navigation and search strategies and use of the automated circulation system (SIRSI's Unicorn software). Approximately 14% of the staffhas been trained in the use of Microsoft Office products, MS Project Manager, various graphics software, GIS and Laserfiche software. Seven percent have some level of training and experience with UNIX operating system, from basic to advanced. There are three sources of technology training. They are SEFLIN, Library initiated training and the City's Professional Development program. 4.8.Public Training. The library offers the public computer technology training. There is a small computer lab in the library. The range of subject matter includes: basic mouse use, beginning Internet, advanced Internet, bibliographic and database searching techniques and strategies, two levels of Word, using email, genealogy, working with online stock information and using literature based databases. In the last year, the library has trained approximately 3500 customers/students. The demand is high. However, in spite of the expanded resources, there continues to be a shortage of instructors, computers and space. 4.9.Library Security Equipment. The Library will seek out vendors to purchase an updated security system consisting of security gates and security tags that have the ability to advance to an RFID system in future years. Utilize State Aid or Capital Funds to purchase a technologically advanced security system in FY2006-2007 that will include two state-of-the-art self-check machines that will allow Circulation staff to assist patrons on the floor. This will greatly improve customer service. 4.10. Technology Resources Assessment Table Asset Type Description Quantity Time in Place Lifespan Network Infrastructure Server, Sun SUN Fire V240 2 U 1 2005 5 years Server, HP ProLiant DL380 1 2004 5 years Server,HP ProLiant DL380 1 2003 5 years Server, Compaq EVO 300v 1 2005 5 years Server, Compaq ProLiant DL360 1 2005 5 years 12 Switches, 3 Com Super Stack II 2 2005 6 years Router, Cisco 2801 1 2005 5 years Router Smartnet 1 2005 6 years Switches 1000BASE-SX 2 2005 5 years Internet Circuit, Library T 1, BellSouth 1 1998 N/A Internet Circuit, City 1 gigabit fibre optic 1 1999 7 years Network Clients PC workstations, EVO D300v 13 2002 4 years Compaq/Dell PC workstations, Deskpro 2000 70 1998-2005 4 years Compaq/Dell T enninals Wyse Wintenn 4 2005 6 years Printers, HP Various models 16 1999-2005 5 years Software Microsoft Office Suite 95,2000 and XP licenses 83 1999-2001 Office 2003 25 2005 N/A Microsoft Windows 95, 2000 and XP licenses 83 1999-2001 N/A Microsoft NT 2000 license 1 2000 N/A LPT ONE Print manager license 1 2001 N/A Unicorn, SIRSI Bibliographic license 100 user 2000 N/A iBISTRO, SIRSI 100 user 2002 N/A Bess Filtering Software Licenses 100 user 2005 I year 5.0.Budget Planning. The Library will seek to provide sufficient funding to provide the means of achieving the goals and objectives ofthis plan. 5.1.0bjective 1. Utilize up to 45% of State Aid to supplement funding for the goals and objectives of the technology plan, FY2005-2008. Outcome 1. Purchase of 10 computers for public use as part of the library's equipment replacement plan, FY2005-2006. Measurement 1. Ten replacement computers installed during the year using State Aid funds. Outcome 2. Purchase of at least one new database in FY2005-2006, using State Aid. Measurement 2. One new database purchased, installed, marketed and made accessible to the public. Outcome 3. Maintain contract for on site PC technical support, FY2005-2008. Measurement 3. Contract secured for 209 hours of on site PC support annually. Outcome 2. Secure sufficient funding to provide support for SIRSl's Unicorn and iBISTRO software products, including software upgrades, for the bibliographic database, FY2005. Measurement 2. Funding secured to provide software support. 13 Outcome 3. Funding secured for OCLC Holdings Project to convert 10,000 records, FY2005. Measurement 3. Funding secured to support the project. Outcome 4. Funding secured to support the maintenance and software upgrade of public computer security and other software enhancements, FY2005. Measurement 4. Funding secured to support the maintenance and software upgrade of public computer security and other software enhancements and action accomplished. Outcome 5. Funding secured for staff and material to support the technology plan and the library's efforts to provide computer and other technological services to the public. This includes funding support for 1.1 FTE professional, technical staff, FY2005-2008. Measurement 5. Funding secured for 1.1 FTE staff to support library technology plan and initiative, and the necessary material. 5.2.Planned Technology Budget. Source Plan Description Amount Year State Aid Funds 2.1 Outcome 1 PC replacement 13,000 FY2005-6 State Aid Funds 2.1.2 Outcome 1 Database purchase 8,000 FY2005-6 State Aid Funds 2.0 All Outcomes Onsite technology support 18,000 FY2005-6 State Aid Funds 2.1.3 Outcome 2 Lease one DSL Line 1,200 FY2005-6 State Aid Funds 2.1.1 Outcome 3 LaseIjet Printer Replacements 1,800 FY2005-6 State Aid Funds 7.3 Objective 3 OCLC New Record Charges 6,330 FY2005-6 Local Funds 7.3 Objective 3 COALA, Unicorn, iBistro, Filtering 20,170 FY2005-6 Local Funds 2.0 All Outcomes Support staff, 1.1 FTE @ $29, 44hrs/wk 66,352 FY2005-6 6.0.Plan Evaluation. The basic premise for the evaluation of this technology plan is the satisfactory accomplishment of the mission critical, stated goals, objectives and outcomes, as demonstrated through the analysis of the defined measurements. In addition, there are stated goals and/or objectives that are considered mission critical in nature and noted for further consideration and development. The measurements are designed to indicate change and/or growth in customer use, quality and quantity of the service product and infrastructure improvements/enhancements. All goals, objectives, outcomes and measurements are considered mission critical in nature and focus. These are an indication of the needed improvements and enhancements which have been determined to have a direct impact on public use of library technology and ease of access to information. The key areas for review are public access to information impact; professional development; available telecommunications, equipment and software; and, the acquisition of appropriate funding to support the plan. The technology plan should be reviewed, evaluated and updated each year by a staff team; submitted to the City Commission for review and adoption; and, forwarded to the State Library. 14 VI.-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19, 2005 (Noon) D August 16,2005 August 1,2005 (Noon) D October 18,2005 October 3, 2005 (Noon) [;8] September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17, 2005 (Noon) D September 20, 2005 September 6,2005 (Noon) D November 15,2005 October 31, 2005 (Noon) D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Authorize the use of $500 of Commissioner Carl McKoy's Community Investment Funds to the Service Corps of Retired Executives, known as SCORE. EXPLANATION: Commission approval is requested for allocation of $500 to the organization known as SCORE for the purpose of providing scholarships to students, many of who are from minorities and would find paying the fee a hardship. The following criteria must be followed: . SCORE must disclose the name and address of the residents receiving the scholarship funds. . SCORE must disclose the process by which the resident was selected for the scholarship funds. PROGRAM IMPACT: Allocation of funds will assist in supplying scholarships to eligible residents. Funds will be available on a reimbursement basis. FISCAL IMP ACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNAT YES: Decline to authorize the requested use. ~~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 23,2005 Requested by Mayor/Commissioner: Carl McKoy Amount Requested: $500 Recipient/Payee: SCORE Description of project, program, or activity to be funded: To provide scholarship funds to allow Boynton Beach residents to attend the thirteen (13) week Small Business Seminar at the Boynton Beach High School. Dated: :tis By:r(ß-- a- ,7 'L? /' Ii ' {.- ' Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $4,500 has been used to date by the requesting Member, leaving a balance of available funds of $5,500 This request would bring the available amount down to $5,000. Accordingly: ~ There are funds available as requeste o There are insufficient funds available s Dated: q II los By: I I Part 111- Eligibility Evaluation (to be completed by City Manager) r¡J; The proposed expenditure of funds will not result in improvement to private property; 1!1 The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and r¡¡{ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. ¡¡(' If funds are to be used as a scholarship, the individual receiving the funds Dated: mus~ reside inside the City Limits~~ ~-I-O\ By:'~ City Manager ' S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McKoy - SCORE.doc, 8/30/2005 SCORE® Tel: (561) 981-5180 Fax: (561) 981-5391 www.score-chapter412.org Counselors to America s Small Business mail@score-chapter412.org . South Palm Beach Score Chapter 412 · 7999 North Federal Highway · Suite 20 I . Boca Raton, Florida 33487 .' \ I ~t;' ,. .. ;"'- '". ... I_I .,_.'-' :~,1( June 23,2J)Q.S._ ',., ... '- ...,.....1', ~ . i ·J..t.v,~,;· - '¡., . " ~.~. '.,..-:- " ,. ''"f,e-'.,: The Honorable Jerry Taylor Mayor City of Boynton Beach 1 00 East Boynton Beach Blvd. Boynton Beach FI. 33435 Dear Sir, On behalf of the SCORE organization I would like to thank you for your time and consideration in supporting the SCORE effort in Boynton Beach. I know that the residents who will receive a scholarship to the Small Business Seminar at the Boynton Beach High school from the Commission of a $1000 donation (12 students) will make a dramatic change in these lives! However, there are many more residents in the community that can benefit from this SCORE/412, 13 week seminar. We have made provision for 28 additional students many of whom are from mmorities and would find $80 each a hardship. If given an opportunity they would be able to start a business and succeed and may become part of the "CRC" or an independent concern, in our town. Your reconsideration of an additional $2200 can make this miracle a reality. Join SCORE/412 and these town folk who deserve a chance. Won't you please be part of this activity and make a mark for helping those in need. Joining with your fellow Commissioners to find this small amount for Boynton Beach, they deserve it! ! ! ! ~ ~w what ~tio~ help you can offer, ~-~~ P ul Mar' s SCORE/4 t Lead r Our Mission: Provide professional guidance and infonnation, accessible to all, in order to maximize the success of existing and emerging small businesses in South Palm Beach County Sponsored by the u.s. Small Business Association Affiliated with Lynn University and South Florida Manufacturers Association VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM K. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) ~ September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17, 2005 (Noon) D September 20, 2005 September 6,2005 (Noon) D November 15, 2005 October 31,2005 (Noon) D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Authorize the use of$2,000 of Commissioner Carl McKoy's Community Investment Funds to the Boynton Beach All Star Cheerleading Squad. EXPLANATION: Commission approval is requested for allocation of $2,000 to the Boynton Beach All Star Cheerleading Squad to help offset the required entry fee for the squad to represent Boynton Beach in the Thanksgiving Tour held in Orlando, Florida, November 22-25, 2005. PROGRAM IMPACT: Allocation of funds will assist in supplying scholarships to eligible cheerleader. Funds will be available on a reimbursement basis. . If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits . Names and addresses of cheerleaders must be provided to the City Manager's Office FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ALTERN TIVES: Decline to authorize the requested use. ~- \.. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 23,2005 Requested by Mayor/Commissioner: Commissioner Carl McKoy Amount Requested: $2,000 Recipient/Payee: Boynton Beach All Star Cheerleading Squad Description of project, program, or activity to be funded: Help offset the required entry fee for the squad to represent Boynton Beach in the Thanksgiving Tour held in Orlando, Florida, November 22-25, 2005. Dated rirf/ BY~r/t~d !J / Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $5,000 has been used to date by the requesting Member, leaving a balance of available funds of $5,000. This request would bring the available amount down to $3,000. Accordingly: J( There are funds available as requested\ o There are insufficient funds available a Dated: 911/ù\~ By: I , Part 111- Eligibility Evaluation (to be completed by City Manager) rz{ The proposed expenditure of funds will not result in improvement to private property; !B'" The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and r¡/' Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. ¡¡( If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits. rð Names & addresses of cheerleaders must be provided to City Manager's Office. Dated: q/.lo\ BY:~ City Manager S :\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McKoy - Cheerleading Squad.doc, 8/3012005 ¡r. The City of 1 Boynton Beach Recreation & Parks Department Administration 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, F10rida 33425-0310 (561) 742-6553 FAX: (561) 364-4079 Email: degraffenreidtm@ci.boynton-beach.tlus . www.boynton-beach.org August 11, 2005 Commissioner Carl McKoy City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Dear Commissioner McKoy, I am responding to your inquiry regarding funding for the All-Star- Cheerleaders. This year, two All-Star squads will represent the City of Boynton Beach. Last year, I organized the Boynton Beach All-Star Cheerleading Squad with the help of two volunteer coaches. Twenty-one cheerleaders, ages 5 - 12 years old, competed in three regional and two state competitions where they ranked fourth in state. On Wednesday, July 13 - 15, thè Boynton Beach All-Star Cheerleaders attended a three-day camp in Orlando Florida. The camp was sponsored by the UCA National Cheerleading Association, and was held on the campus of Rollins College. While at camp, the cheerleaders learned a variety of stunts, cheers, and techniques. Because of outstanding try-out performances, four cheerleaders from the Boynton Beach Junior Squad were selected All-Stars by the UCA Staff. This now entitles each cheerleader the opportunity to perform and to be recognized at the 2003 UCA-UDA Pre-Parade Thanksgiving Tour. The Thanksgiving Tour will be held in Orlando, Florida, November 22-25, 2005. To attend the four-day Thanksgiving Tour, each cheerleader representing Boynton will be required to pay the required entry fee. The fee includes hotel, meals, transportation to scheduled events, one uniform per cheerleader, a souvenir, and four theme parks admissions. The squad's ultimate goal is to earn competition points and qualify for the Nationals held in Orlando, Florida, March 24 - 26. 2006. This will indeed be a prestigious accomplishment for the cheerleaders and for the City of Boynton Beach. Throughout the year, the cheerleaders will fundraise to help offset the cost of competition fees. America's Gateway to the Gulfstream J I If you have further questions about the program, please contact me at 742-6553. Thank you in advance for yolJr support. Sincerely, /md (attachments) C: Mayor Taylor (w/o attachments) Vice Mayor McCray (w/q attachments) Commissioner Ensler (w/o attachments) Commissioner Ferguson (w/o attachments) Kurt Bressner (w/o attachments) Wilfred Hawkins (w/o attachments)V Waliy Majors (w/o attachments) -- -_.._- ---,-~ --.. ..-.----..,.-.---,-----,..- VII.-CODE - LEGAL CITY OF BOYNTON BEACH SETTLEMENT ITEM A. AGENDA ITEM REQUEST FOR1~. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) r8J September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17, 2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November IS, 2005 October 31,2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation Code Compliance & Legal D City Manager's Report X Settlements Linda & Keith Halstead v. City of Bovnton Beach. et al Plaintiff Counsel: Walter G. Campbell, Jr., Esq., Krupnick, Campbell, Malone, ... Defense Counsel: Michael Burke, Esq., Johnson, Anselmo, Murdock, Burker, Piper & McDuff RECOMMENDATION: Motion to pay settlement trom continuing negotiations post court ordered mediation in the amount of $22,000.00. EXPLANATION: On February 5, 2000, City truck operated by City employee, rear-ended plaintiffs vehicle. Occupants of plaintiffs vehicle included both parties and infant child. Mrs. Halstead developed low back pain. She was diagnosed with a herniated disc. She is considered a candidate for surgery. Conservative treatment, including epidural injections have been done. Future medical expenses are anticipated to exceed $50,000 including surgery. Original demand, three year's ago was $325,000.00. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMP ACT: Settlement will be charged to the Risk Management budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $100,0 +. Add;,ional d,fèn", triall,g~1 ,,,,;j, ..., "timared at $20'OO~ RISK MANAGEMENT ~:¡;¡¡;¡ Department Name City Attorney / Finance / Hum n Resources Cjrn/ClaimautlHalsteadLO l.dot S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine C3 f ì1I1 Risk Manager . DATE: August 8, 2005 SUBJECT: Linda & Keith Halstead v. City of Boynton Beach, et al Date of Loss: February 5, 2000 Risk Management recommends the City Commission ratify the: X Settlement _ Judgement in the above stated manner. RESERVES: Indemnity: $ 50,000 Expenses: $ 25,000 Demand: Original: $325,000 Final: $ 27,000 Offer: Original: $ 10,000 Final: $ 22,000 X SETTLEMENT: $ 22,000 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ - Current Legal Fees: $ 53,820 IF NOT SETTLED Projected Legal Fees: $ 20,000 ProjectödJury Verdict: $ 100,000+ JUDGEMENT: $ - - Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On February 5, 2000, City truck operated by City employee, rear-ended plaintiffs vehicle. Occupants of plaintiff s vehicle included both parties and infant child. Mrs. Halstead developed low back pain. She was diagnosed with a herniated disc. She is considered a candidate for surgery. Conservative treatment, including epidural injections have been done. Future medical expenses are anticipated to exceed $50,000 including surgery. Original demand, three year's ago was $325,000.00. CjrnlClaimaut/HalsteadL02.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FO~n Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 200S July 18, 200S (Noon.) D October S, 200S September 19, 200S (Noon) D August 16, 200S August I, 200S (Noon) D October 18, 200S October 3, 200S (Noon) ~ September 6, 200S August IS, 200S (Noon) D November I, 200S October 17, 200S (Noon) . i 'j ··-1 D September 20, 200S September 6, 200S (Noon) D November IS, 200S October 31 , 200S (Noonf~ <..C::::·' ,::::¡-.;, ) -.¡¡ i.,-...J -- ::) D Administrative D Development Plans C) ¡ .,- NATURE OF D Consent Agenda D New Business -;::;1 C) r-··I..- -",,'" AGENDA ITEM ~ Public Hearing ~ Legal -- .:',:\ ::xJ '" D D UnfInished Business ..-cn Bids cJJ> \.;) ,"71("") D Announcement D Presentation - D City Manager's Report RECOMMENDATION: Please place this request on the September 6, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on August 9,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-143. EXPLANATION: PROJECT: Uptown Lofts @ Boynton Place (Gulfstream Lumber) (ABAN 05-003) AGENT: James Vitter, Kimley-Horn Associate, Inc. OWNER: Gulfstream Lumber LOCATION: Northwest comer of Woolbright Road and Federal Highway DESCRIPTION: Request for abandonment of a portion of a 50-foot right-of-way (SE 3rd Street of f.k.a. Alden Street) PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ City Manager's Signature 7vJz ¿ Planning and ~ Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN OS-003\Agenda Item Request Uptown Lofts @Boynton PI ABAN OS-003 9-6-0S.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II I 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF SOUTHEAST 3RD STREET 6 RIGHT OF WAY, APPROXIMATELY 50 FEET AND 7 108 FEET IN LINEAR LENGTH, LOCATED SOUTH 8 OF THE SOUTHERN BOUNDARY OF LOT 11, 9 ADJACENT TO LOTS 12 AND 13 TO THE EAST AND 10 LOTS 14 AND 15 TO THE WEST, AS SHOWN ON THE 11 PLAT OF CENTRAL PARK (ABAN 05-003), SUBJECT 12 TO STAFF COMMENTS; AUTHORIZING THE CITY 13 MANAGER TO EXECUTE A DISCLAIMER, WHICH 14 SHALL BE RECORDED WITH THIS ORDINANCE IN 15 THE PUBLIC RECORDS OF PALM BEACH COUNTY, 16 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 17 18 19 WHEREAS, James G. Vitter of Kimley Horn and Associates, Inc., is requesting on 20 behalf of Gulfstream Lumber Company, the abandonment of a portion of a dead-end segment of 21 S.E. 3rd Street (fka Alden Street) located south of S.E. lih Avenue and west of Federal 22 Highway, subject to staff comments; and 23 24 WHEREAS, comments have been solicited from the appropriate City Departments, and 25 public hearings have been held before the City's Community Redevelopment Agency, and the 26 City Commission on the proposed abandonment; and 27 28 WHEREAS, staff has detemlined that the roadway provides no public service; and 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 32 33 Section 1. The foregoing Whereas clauses are true and correct and incorporated 34 herein by this reference. 35 36 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 abandon a portion of Southeast 3rd Street (fka Alden Street) right-of-way, approximately 50 feet 38 wide and 108 feet in linear length, located south of the southern boundary of Lot 11, adj acent to 39 Lots 12 and 13 to the east and Lots 14 and 15 to the west as shown on the Plat of Central Park, 40 subject to staff comments, and more particularly described in the attached Exhibit "A." A 41 location map is attached hereto as Exhibit "B." 42 43 Section 3. The City Manager is hereby auth0l1zed and directed to execute the 44 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 45 of Palm Beach County, Florida. 46 S:ICAIOrdinances'AbandonmentsISE 3rd Street 05-Q0310c " I 1 Section 4. This Ordinance shall take effect immediately upon passage. 2 3 FIRST READING this _ day of ,2005. 4 5 SECOND, FINAL READING AND PASSAGE THIS __.day of ___, 6 2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 -- 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 S:ICAIOrdioanceslAbandonmentslSE 3rd Street 05·003.doc Exhibit "A'" .. Thu. 12 May 2005-1:35pm Plotted by.<8rion.Curl> Fie: S:\GIJlFSTREAM LUMBER YARO\CAOO\SlJR>Æy\V"C£ASE3-8-05.dwg >CI'eft: lm0ger. I~~ ~~ ~~ ~i~ ~~ ~i~ ~¡¡ ~~ ~ig ~~ ~i~ Ei ~¡~~§~ 8~ ~¡;! >¡;! a~ ~¡;! 3!"š3 R¡;! >¡;! "~~¡;! ª!1/)š3 CD;!; åz:!!!~ ~ ¡$j CD 2 ~> ¡ ~>z 2z ~> !!z ~z ª~ !3~~... 1/). a ~i i~ ~i¡ 111~ ~gm ~~ i~ /d~m 1'1~ CD~;;; ~~ ãIZ~!eª ~I >~ R~ ~V)a ~~ ~~~ ~~ R~ tv)~ ~~ i~~ ~3! ;~~~I~ ª ã §8 ~~ ~~3! ~~ ~~3! ~~ ~~ ~~3! ~~ ~~3! ~~ ~i~¡; .....i: co I'TI fI\ 0 t.t N'" z"" m;:o PI ~m;g ~3! 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I II I II fr II R. :~:~ ~~ fCIDI !~:~ í I ! a:~ ~n. -. 3J: -~::: =-~__ ,-,!WAn ~ CONCEPTUAL ~ø_ SITE PLAN DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of Southeast 3rd Street (fka Alden Street) right-of-way, approximately 50 feet wide and 108 feet in linear length, located south of the southern boundary of Lot 11, adjacent to Lots 12 and 13 to the east and Lots 14 and 15 to the west as shown on the Plat of Central Park, subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of September, 2005. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this "_ day of September, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonmentslSE 3rd Street 05-003.doc Exhibit "A'" .. 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I!: ~ ttd tf ~ ã ~ ÃJ , " .~ z i li$~li! ~ ~~ iii. ~ ~ ~fl{ ~ T EE LmIIL~_Cl'MIMOI"CIII!D . rUrl1 ~ W" I,IS NCHCfI WA'lYACA1IOH if Jrl : J I ClW"IIIIIMI UUBI fAIl) IØINIåf IMCtf I ' w k:I '1iUI1lAaf0CUØY,~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-143 TO: Chairman and Members THRU: Community Red~genCy Board Michael W. Rumpf Planning and Zoning Director FROM: Hanna Matras Planner DATE: July 28, 2005 SUBJECT: Abandonment of a portion of S.E. 3rd Street (fka Alden Street) right-of-way, approximately 50 feet wide and 108 feet in linear length, located south of the southern boundary of Lot 11, adjacent to Lots 12 and 13 to the east and lots 14 and 15 to the west as shown on the plat of Central Park, containing an area of 5,426 square feet or 0.125 acre (ABAN 05-003). NATURE OF REQUEST James G. Vitter of Kimley Horn and Associates, Inc., the agent for Gulfstream Lumber Company, is requesting to abandon a portion of a dead-end segment of S.E. 3rd Street located south of S.E. 12'h Avenue and west of Federal Highway. This request was submitted on May 18, 2005. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the street to be abandoned antJ its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - the continuation of the right-of-way for S.E. 3rd Street, further north the right-of-way for S.E. 12th Avenue; South - the property of a proposed Uptown Lofts at Boynton Place development, designated Mixed Use (MX) and zoned MX-L (Mixed Use-Low); East - the property of a proposed Uptown Lofts at Boynton Place development, designated Mixed Use (MX) and zoned MX-L (Mixed Use-Low); and West - the property of a proposed Uptown Lofts at Boynton Place development, designated Mixed Use (MX) and zoned MX-L (Mixed Use-Low). BACKGROUND In May of 1925, the Plat of Central Park was approved. It included a 50-foot wide right-of-way for Alden Street. The segment of the street located south of S.E. 12th Avenue dead-ended approximately 300 feet from the S.E. 12th Avenue intersection. The properties located immediately south of the roadway were never platted, thereby preventing further dedication and extension southward of S.E. 3rd street through the Central Park plat. The segment of the right-of-way to be vacated measures approximately 108 linear feet. The properties located on the south, east and west sides of the portion of the roadway to be abandoned constitute a part of the proposed Page 2 Memorandum No. PZ 05-143 ABAN 05-003 Uptown Lofts at Boynton Place (aka Gulfstream Lumber) development, a mixed use project with 494 residential units and 637,584 square feet of commercial space. The site plan for the project is being processed concurrently. The proposed abandonment would consolidate the property and facilitate the development; specifically, the portion of the roadway to be abandoned would be used for the recreation area as shown on the ¡roposed site plan (see Exhibit "C"- Uptown Lofts at Boynton Place Site Plan). All existing utilities within the S.E. 3r Street right-of-way will be relocated to the west within the boundaries of the proposed project, along a private access road. ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - Approval with conditions (see Exhibit "D") Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - Approval with conditions (see Exhibit "D") Cable Company (Comcast) - N/A The portion of the S.E. 3rd Street to be vacated no longer serves a public purpose. The remaining portion of the roadway will be configured to provide access to the proposed development - one ingress only and one egress only driveway on the west side of the right-of-way. Access to Lot 11, located to the north-east of the portion to be vacated, will be continued via the portion of the street that is to remain in the public domain. The developer will provide a bump-out on his property to facilitate the current resident's backout maneuvers. Lots 9 and 10 have access from S.E. 3rd Street about 60 feet from the S.E. 1ih Avenue intersection and will not be impacted by the proposed abandonment. Water and sewer lines to lots 9, 10 and 11 will be extended to tie into the new mains. RECOMMENDATION Staff recommends that this request to abandon the portion of S.E. 3rd Street as described above, be approved, as this segment of public right-of-way serves no public purpose, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "0" - Conditions of Approval. xc: Central File S:IPlanningISHAREDlWPlPROJECTSIGulfstream Lumber\Uptown Lofts at Boynton PlacelABAN 05-0031Staff ReportGulfstreamLumberABAN.doc ----1 I ~.~ _.,~--_.._.._~~~,." I , I I " ;0 - - .. Exhibit "B" :'i.: 12 Ma)' 2005-1: 3!Ipm Plotted by: <lrIan.Curl> Fie: S: \GU\.FSTREAM LUMBER YARO\CAOO\SUR'Ð'\VAŒA$E3-fl-05.dwg /ma9ft: RONALD STREET I c: ¡:; !: c: - - ----I z z, 1---- - - - - fTI "'0 "'6 I ~ , 0-. > UI ~ 2 c: -. "'6 ~6 ~6 0 0 òo " z -. (,1-. fTI -. -. '" ID :i! fTI ¡ ..or- I 0 ID!:I M C E NTRAL PAR K I gJ z ~ CD tD > P LA T BOO ~ 1 2 . P AGE 1 2 ID ID ~ ~ ~ z c:~ -6 en <.ti CD-. Ò 0 ZVl 0 Z fTI-. ID q " VI I . ~;:!;! ...r- -6 -6 :e fTI co 6f'1 G~""'~ UI-. en-. I m -.' ~§-~ ...0 ~ !2!~ ... ""'£ 0 VI:e 0 f\) 0 Z' L.---- oc: g¡þ:J :iI> ~ - 0 o (") ~~ .,. ::r "'" (,IN ...::0 "- ~ ~ -PS'! .~ r ALDEN STREET ... . » - ¡:;¡ ....,. ID ... 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IGHWAY ~ HIGHWAY STAT;O. 1 (FEDERAL ~ ~-~ ~ ROAD NO, 5) jII J. !!! - ~~ 'V ::0 Z ~ I If 0 1IOIrnI ,~ ~ ;a..... .~ . ti a .; ", ŒE an:HeIIH~ rural; W" liS IICItI' ell WAY YAQQDI ¡n" : .. . .. , QIUI......UMMYNI) .. J IØlNlafIMCH MMIMCHCOIICI'I, R.aI),A Exhibit "B" " Thu. 12 May 2005-1:3ðpm Plotted by.<8rIon.Cur1> Fie: S:\GULFSTREAM LUMBER YARO\CAOO\SURVEy\V..,CEASE3-8-0ð.dwg _11: Imager. I~~ ~I ~t lig ~m lig ~m ~m lig ~t ~ig S~ img~§~ ã~ ~ >~ >i ~~ ~i ¡;¡~ >~ ~i ~~ f'i ªf E:I~ ~ ~ ,. ~.... 1iI:o.... Z 1iI:o.... 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Rf\QIONS OA It IY EXHIBIT "D" Conditions of Approval Revised Project name: Uptown Lofts at Boynton Place File number: ABAN 05-003 Reference: I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: l. A title opinion (ownership and encumbrance report) on the property to be X abandoned shall be provided prior to the second reading of the ordinance. PRIV A TE UTILITIES Comments: 2. Adelphia has no objections to the abandonment, but any and all costs X resulting in the relocation of Adelphia facilities due to said abandonment must be paid by the customer and/or requesting party. 3. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a. Any removal of the existing FPL streetlights must obtain approval from the City of Boynton Beach. b. Easements must be provided, if needed, for all relocated facilities. c. Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 4. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S:\Planning\SHARED\WP\PROJECTSIGulfstream LumberlUptown Lofts at Boynton PlacelABAN 05-003\COA.doc VIII.-PUBLIC HEARING ITEM A. I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18, 2005 (Noon.) D October 5, 2005 September 19, 2005 (Noon) D August 16,2005 August 1,2005 (Noon) D October 18,2005 October 3, 2005 (Noon) ~ September 6, 2005 August IS, 2005 (Noon) D November I, 2005 October 17, 2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31, 2005 (Noon) ") --f D Administrative D Development Plans ;::;:;....J -:: NATURE OF D Consent Agenda D New Business G""J_~ AGENDA ITEM ~ Public Hearing D Legal ~; >~ D Bids D Unfmished Business -;:) .',' ~. ~...-.~~ L.... D Announcement D Presentation ,) Z D City Manager's Report ;.:.. n_ ~ .- oJ> .....:.) ¡.¡ ("') RECOMMENDATION: Please place this request on the September 6, 2005 City Commission Agenda under ::¡: Public Hearing, to be combined with the corresponding item for Abandonment. The Conununity Redevelopment Agency Board reconunended that the subject request be approved on August 9,2005, subject to staff conunents. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-131. EXPLANATION: PROJECT: Uptown Lofts @ Boynton Place (Gulfstream Lumber) (NWSP 05-021) AGENT: James Vitter, Kimley-Horn Associates, Inc. OWNER: Gulfstream Lumber LOCATION: Northwest corner of Woolbright Road and Federal Highway DESCRIPTION: Request site plan approval to construct a mixed-use development consisting of 43,361 square feet of retail, 474 multi-family dwelling units, and 20 townhouse units, on a 14.58- acre parcel in the Mixed Use-Low zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ¿ ~igna..", ~ .. -4 ~ i- (...) .. / Planning and ~ irector City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Gu]fstream Lumber\Uptown Lofts at Boynton Place\NWSP 05..021 \Agenda Item Request Uptown Lofts @ Boynton PI NWSP 05-021 9-6-05.dot S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-131 STAFF REPORT TO: Chair and Members Community Redevelopment Agency and City Commission THRU: Michael RumPfUJ!!:---'" Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: July 28, 2005 PROJECT NAME/NO: Uptown Lofts at Boynton Place I NWSP 05-021 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Gulfstream Lumber Company Applicant: Mr. Kyle Riva I Epoch Properties, Incorporated Agent: Mr. James G. Vitter I Kimley-Horn and Associates, Incorporated Location: Northwest corner of the intersection of Federal Highway and Woolbright Road (Exhibit "A") Existing Land Use: Mixed Use (MX) Existing Zoning: Mixed Use-Low (MU-L) Proposed Uses: Retail: 43,361 square feet Apartments: 404 units Townhouses: 20 units Lofts : 70 units Acreage: ±14.63 acres Adjacent Uses: North: To the northeast, developed commercial property (Dunkin' Donuts and a convenience store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial, and developed residential property classified and rezoned similarly. To the northwest, the right-of-way of SE 12th Avenue, then developed residential property classified Medium Density Residential (MeDR) at a maximum density of 9.58 dulac, and zoned R-2 Duplex Residential; Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021) Memorandum No PZ 05-131 Page 2 South: The right-of-way of Woolbright Road (SE 15th Avenue) then developed commercial property (Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; East: The right-of-way of South Federal Highway, then to the southeast, developed commercial property (Shell Service Station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northeast, developed residential property (Gulfstream Apartments [25.4 du/ac] and Snug Harbor Condominiums [27.7 du/ac]) classified High Density Residential (HDR) (maximum density of 10.8 du/ac), and zoned R-3 Multi-family residential; West: The right-of-way of the Florida East Coast (FEC) railroad, then developed property classified Industrial (I) and zoned M-1 Industrial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. James G. Vitter, agent for the property owner (Gulfstream Lumber Company) is requesting to develop a large scale, mixed-use project. The survey shows that the subject property is currently developed with several one (l)-story buildings and their related parking areas. The intent is to raze the existing lumber yard and redevelop the site with two (2) apartment buildings with a total of 404 units, 20 townhouse units, a mixed-use building consisting of 70 loft units over 43,361 square feet of retail space. The property was previously rezoned from Community Commercial (C-3) to Mixed Use-Low (MU-L) on June 17, 2003 per Ordinance 03- 032. However, approval of this project is contingent upon the approval of the accompanying request to abandon a portion of Alden Street (SE 3rd Street) (ABAN 05-003). ANALYSIS Concurrency: Traffic: Generally, anticipated project traffic is generated by two factors, namely the proposed use and its intensity. Intensity is typically measured by the proposed building area (in square feet). A traffic study was submitted by the applicant and reviewed by the Palm Beach County Traffic Division. However, several comments were generated by the Traffic Division and as of today, the project has not received a letter of concurrency approval from Palm Beach County. The applicant has re- submitted the information addressing the County's comments and is awaiting their response. No building permits are to be issued until the Traffic Division approves the study for traffic concurrency purposes (see Exhibit "C" - Conditions of Approval). Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021) Memorandum No PZ 05-131 Page 3 Utilities: The purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities represents a portion of the City's potable water supply that would support the needs of this project (projected to a total of 83,885 gallons per day). Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 44,225 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police/Fire: For the purposes of this study, a statistical analysis was completed to show the percentage of increase in police calls for service for the selected project area. A crime analysis for 2004 shows that there have been 8,971 calls for service for zone 4, which represents 13.3% of all calls for service. There are no other existing developments to use as a comparison for this assessment. It must be noted that this project is one of seven (7) mixed-use projects planned for completion. An increase of 15% in total calls for service is projected from proposed citywide growth. The subject project would have a direct impact on providing an adequate level of public service to this area. The need for additional officers in Zone 4 is evident by the high percentage of calls for service that one officer is currently handling. Due to new development throughout the city, all city services will be affected. Service requirements for the police department will be impacted greatly and the demand for more police personnel and equipment will be needed to balance the increase in population. Fire staff reviewed the site plan and determined that current-staffing levels would be sufficient to meet the expected demand for services. Infrastructure requirements such as hydrants and roadways would be addressed during the permitting process (see Exhibit "c" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). School: The School District has not yet determined that adequate capacity exists to accommodate the projected resident children. No building permits are to be issued until compliance is demonstrated (see Exhibit "c" - Conditions of Approval). Driveways: The project can be characterized as "urban infill, mixed-use" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The site plan shows that the development would be divided into three (3) distinct areas, namely, the five (5)-story apartment building portions, the townhouse element, and the mixed-use component. The plans show that parking garages would provide for the majority of off-street parking spaces for the entire project. The garages are intentionally proposed as hidden structures located within the core of the project and virtually unseen from the major roadways. Likewise, the project is not proposing traditional driveways or surface parking lots like that of Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021) Memorandum No PZ 05-131 Page 4 "suburban"-type of projects (where driveways connect to off-street parking located in front of the buildings). The site plan shows that vehicles would enter the site from four (4) locations. The main entrance is proposed on Federal Highway. This entrance would serve as the primary point of ingress for all portions of the development. Although not dimensioned, vehicles traveling either northbound or southbound on Federal Highway would enter the site via a 24-foot wide opening underneath a two (2)- story decorative archway. The archway will be discussed later in the staff report. This opening allows for both vehicle ingress and egress. The egress lane would allow for right-turn (south) traffic movement onto southbound Federal Highway. The driveway, drive aisles, and turning radius, internal to the development, would be improved to conform to current city engineering standards. The project's second main entrance is proposed along Woolbright Road. This entrance would provide access to the entire site. Although not dimensioned, when scaled, it appears that this second driveway opening proposed on Woolbright Road would also be 24 feet in width. The opening would be located over 400 feet west of the intersection of Federal Highway and Woolbright Road. It should be noted that an existing traffic signal is located on Woolbright Road just west of this proposed second entrance into the subject development. However, at the present time, this traffic signal only serves the commercial plaza directly to the south and across the street of the subject property. It is intent of this project to relocate the existing traffic signal (on Woolbright Road) approximately 250 feet to the east in order to align with the proposed entrance (for the subject development) as well as connecting to an existing alternate entrance to the commercial plaza to the south. This realignment is currently being coordinated between the City and the Palm Beach County Traffic Engineering. As a side note, the proposed location of this signalized intersection would be nearly equidistant from both the railroad tracks and the intersection of Federal Highway / Woolbright Road. The site plan shows two (2) alternate entrances; one proposed on Woolbright Road, the other, proposed on Alden Street (SE 3rd Street) near Southeast 1th Avenue. The purpose of the ingress / egress proposed along Woolbright Road would be to provide access to only the five (5) story condominium portion of the development. Although not dimensioned, the driveway opening appears to be 24 feet in width. It would allow for right (west) turn traffic movements but left (east) turn traffic movements onto Woolbright Road would have to be further evaluated. The second alternate entrance proposed on Alden Road (SE 3rd Street) and Southeast 12th Avenue would provide access to the entire development. Parking Facility: Off-street parking proposed within the development must meet the requirements in Chapter 2, Section l1.H. of the Boynton Beach Land Development Regulations. The project proposes a mix of residential and retail uses. One-bedroom apartment units require one and one-half (1 V2) parking spaces. Two bedroom apartment units require two (2) parking spaces. The project proposes a total of 494 dwelling units (with a mixture of one, two, and three bedrooms) in conjunction with 43,361 square feet of retail space. When combined with the additional parking spaces Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021) Memorandum No PZ 05-131 Page 5 required for recreation areas and leasing facilities, the total parking requirements equal 1,124 spaces. The project proposes 1,344 parking spaces, an excess of 220 parking spaces (see Exhibit "C" - Conditions of Approval). The parking spaces would be provided as follows: 1,223 parking garage spaces, 40 townhouse garage parking spaces, 16 tandem driveway spaces, 42 on-street parking spaces, and 23 surface parking spaces. Collectively, the south and north apartment towers require a total of 727 parking spaces. The plans propose 467 parking spaces within each apartment tower garage, thereby providing a cumulative total of 934 parking spaces; an excess of 207 parking spaces. A total of 54 spaces in each garage are earmarked for guest parking. The guest parking would occur on the ground floor. The intent is to restrict access to the upper levels of the garage so that those spaces may be used solely by the residents who reside within apartment building. The three (3)-story mixed-use buildings (retail and residential) proposed along Federal Highway and Woolbright Road, in conjunction with the 3,404 square foot indoor recreation area would require a total of 352 parking spaces. The adjacent parking garage would accommodate up to 289 vehicles. The intent is to utilize the 42 on-street (internal) parking spaces and the 23 surface parking spaces. Combined, the plan would provide 354 parking spaces for these uses, an excess of two (2) spaces. It should be noted that the floor plan of the 3,404 square foot indoor recreation building indicates that it would be used for retail purposes. However, the applicant informed staff that this is not the intended use and it is earmarked for an indoor recreation area for residents of the loft units. This should be noted as such on both the site plan and respective floor plan at the time of permitting (see Exhibit "C" - Conditions of Approval). The 20-townhouse units and corresponding community pool would require a total of 45 parking spaces. Each unit would have a two (2)-car garage thereby providing 40 garage spaces. Also, 16 driveway spaces would be provided as well. The townhouses would have 11 extra parking spaces. Staff recognizes that users of the community pool would not park their vehicles in other townhouse owners' driveways. Users of the community pool would either use the surface parking or on-street parking. This sharing of the surface spaces with the 3,404 square foot indoor recreation building (proposed along Federal Highway) for the loft units is acceptable to staff. Landscaping: The cover sheet tabular data indicates that the proposed pervious areas would equal 119,707 square feet or 18.8% of the site. The MU-L zoning district requires a minimum 20% pervious area. Therefore, an extra 1.2% or 23,941 square feet of pervious surface shall be found (see Exhibit "C" - Conditions of Approval). According to the applicant, the additional pervious surface can be accommodated by including the courtyard areas within the five (5)-story apartment buildings. The Landscape Notes (sheet L -4) indicates the subject site currently contains 110 trees. The landscape plan indicates the tree location areas would occur along Woolbright Road. The landscape plan plant list proposes a total of 155 canopy trees, 120 palm Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021) Memorandum No PZ 05-131 Page 6 trees, 5,716 shrub and groundcover plants. According to the plant list, 92% of the canopy trees would be native and 100% of the palm trees would be native. The landscape plan also proposes a 100% native shrubs / hedges / accent plants. Currently, the plant list indicates the following species: Date palm, Cabbage palm, Purple Glory tree, Live Oak, Annuals, Dwarf Yaupon Schillings, Flame of the Woods Ixora, Florida Privet, Aztec Grass, and Dwarf Schefflera. In order to prevent monoculture (against possible disease), the landscape plan proposes varying plant material. The alternate species are as follows: Foxtail palm, Washington palm, Red Maple, Sycamore, Silver Buttonwood, Anise, Indian Hawthorne, and Sadakwa Viburnum. However, considering the size of the project, the variety of plant material is still minimal. Staff recommends the use of a greater palette of shrub material, especially those with more colorful varieties. At the very least, staff recommends including Florida Royal palm trees within the alternate plant list (see Exhibit "C" - Conditions of Approval). Note #1 on the plant list indicates that the palm trees proposed in front of the buildings (along Federal Highway and Woolbright Road) would be installed at least half of the building height. These mixed-use buildings would be located close to the east and south property lines and therefore, would be consistent with the intent of the Land Development Regulations of the MU-L zoning district. However, the landscape plan still would provide for plant material along these main roadways to help break up the building mass. In fact, these areas would be at least 10 feet in width to accommodate the installation of larger-size palm trees. Similar to the north landscape buffer, the south landscape buffer would also be 10 feet in depth at its narrowest point. Again, the palm trees proposed within this buffer would be installed at half the building height. As previously mentioned, the relocated trees would be transplanted to the specific areas within this southern buffer to help soften the bulk of the five (5)-story apartment building. The south buffer would include Live Oak and Cabbage palm trees. Although not dimensioned, it appears as though the west landscape buffer adjacent to the Florida East Coast railroad right-of-way would be four (4) feet in width at its narrowest point. Generally, the plant material proposed within this buffer would be minimal. No residential units within the apartment buildings would face the railroad tracks. In essence, the interior parking garages would buffer the units from the train noise. Although not dimensioned, the north landscape buffer appears to be over 10 feet at its narrowest point. This buffer would occur along Southeast 12th Avenue and between the subject property and the few remaining lots of the block. This buffer would contain the Live Oak trees, hedge material and groundcover plants. The interior of the site would basically contain the same plant material as the perimeter buffers. Staff focused on the location and height of the proposed trees, especially in areas where parking structures and large buildings are proposed. The mixed-use parking garage would be softened by the installation of Cabbage palm trees along all facades spaced no greater than 15 feet apart. The interior street Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021) Memorandum No PZ 05-131 Page 7 system would have parallel (on-street) parking spaces interrupted by "bulb-outs". Each bulb-out would contain a Live Oak shade tree installed within them. However, staff offers the following recommendations to enhance the overall landscape design of the project - installing additional groundcover plants at the base of each tree within each bulb-out; installing additional trees and Philodendron selloum along the south façade of the South Tower and the east façades of both towers. Building and Site: The site plan proposes a mix of residential and commercial uses. The commercial square footage would total 10.1% of the total building area. Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The maximum allowed density of the Mixed-Use land use category would be 40 dwelling units per acre. The proposed project density would be 33.8 dwelling units per acre. As previously mentioned, the existing buildings would be replaced with two (2) five (5)-story apartment buildings, a three (3)-story mixed-use building, and three (3)-story townhouse buildings. The depth of the parcel extends westward from Federal Highway to the Florida East Coast railroad tracks. The subject property fronts on two (2) major roadways (Federal Highway and Woolbright Road). The taller, five (5)-story, apartment buildings would back against the west property line along the railroad tracks whereas the three (3)-story mixed-use buildings would face Federal Highway and Woolbright Road. The apartment buildings as well as the mixed-use buildings would contain internal parking garages. The mixed-use buildings are oriented so that they "face" the street, a characteristic fully endorsed by staff. The MU-L zoning district allows for a maximum building height as a permitted use, of 75 feet. The elevations of the apartment towers show that both buildings would comply with the height limitation. The roofline level would be at 52 feet - six (6) inches in height while the peak of the structure would be 67 feet - two (2) inches in height. The three (3)-story townhouses are proposed at 37 feet - one (1) inch in height. They would be located along the internal roadway system between the apartment buildings (to the west) and the mixed-use buildings (to the east). The mixed-use buildings would be 43 feet - five (5) inches in height at the midpoint of the roof and 50 feet in height at the peak. In summary, all proposed buildings meet code as it relates to maximum building height. All buildings are proposed within close proximity of the property lines (that front on rights-of-way) in order to create a more urban environment, consistent with recommendations of the Federal Highway Corridor Redevelopment Plan. The east setback along Federal Highway would vary slightly but maintain at least a la-foot front setback. The south side setback of the mixed-use building proposed along Woolbright Road would be 10 feet - nine (9) inches in width at the narrowest point. The South (apartment) tower would be 51 feet - six (6) inches from the south property line. As previously mentioned, the apartment towers proposed along the railroad tracks appear to be setback four (4) feet from the west property line. The North (apartment) tower would be located 12 feet - two (2) inches from the north property line at its narrowest point. The development's clubhouse would be located 44 feet - eight (8) inches from the north property line. Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021) Memorandum No PZ 05-131 Page 8 The plans show that the commercial areas of the mixed-use buildings would occur on the first floor only. The residential "loft" units would occur on the second and third floors. According to the site plan tabular data, one (l)-bedroom, two (2)- bedroom, and three (3)-bedroom units would occur within all building types (apartment towers, lofts, and townhouses). However, the townhouse units would only be offered in the three (3)-bedroom unit configuration. The smallest unit within the five (5)-story apartment buildings would be 911 square feet (under A/C) and the largest unit would be 1,603 square feet (under A/C). The floor plans of the townhouse units show that each unit would be 1,554 square feet (under Nc). The smallest sized loft unit is shown to be 712 square feet (under A/C). According to Chapter 2, Section 5.F.5., the MU-L zoning district requires that the minimum unit size be 750 square feet in area. These units would not comply with code as it's currently labeled. However, the applicant informed staff that this was a scrivener's error and that the units would be 771 square feet in area. Therefore, at the time of permitting, the floor plans will have to be modified to be labeled as such (see Exhibit "C" - Conditions of Approval). The largest sized loft unit would be 1,186 square feet in area. Design: The proposed development can be generally described as being separated into three (3) different areas. The eastern third would be comprised of the mixed-use buildings. The central third would be comprised of the townhouse buildings and the western third would be comprised of the apartment towers. The proposed architecture could be described as contemporary mixed with hints of Spanish- Mediterranean. Also noteworthy is that the project parking would be virtually hidden from all views and is considered to be a subordinate, unobtrusive element of the plan. Vehicular traffic is contained within the internal framework of the project. The parking garages of the tower buildings would be enclosed but would have decorative openings compliant with Florida Building Code. These openings would resemble large windows. The mixed-use parking garage would have the palm trees installed around all sides. The elevations do not indicate the proposed exterior finish and colors of the buildings; a color schedule has been provided via ledger-sized color elevations. The applicant is proposing four (4) colors throughout the entire development. The project's proposed building colors are as follows: Te rra cotta Red Clay ICI 213 Brown Casbah ICI 203 Crème Desert Floor ICI 561 Light Green Desert Valley ICI 629 The project also proposes canvas awnings on the mixed-use buildings. Although not indicated on the elevations, the applicant informed staff that the awning colors would be blue, green, or red with white stripes. Staff recommends that the awnings be an element of a future design program (see Exhibit "C" - Conditions of Approval). The intent is to have all buildings (both mixed-use, apartment towers, and townhouses) share the same color palette. A general intent of Chapter 9 Staff Report - Uptown Lofts at Boynton Place (NWSP 05-021) Memorandum No PZ 05-131 Page 9 (Community Design Plan) is to ensure that buildings achieve visual unity of character and design concepts, in part, through the use of building colors. However, there are no established noteworthy building colors or architectural themes within the immediate area with which this project should be compatible. Therefore, the proposed colors for this site plan would not be inappropriate, incompatible, or obtrusive. Staff recommends that all roofs for all buildings be covered with the same style and color of roof tile (see Exhibit "c" - Conditions of Approval). Color, window forms, and decorative appointments are used to unify the buildings. One of the most interesting project features is the inclusion of an archway that would connect the mixed-use building to the 3,404 square foot indoor recreation building. The archway's sole purpose is for aesthetic appeal to create the illusion of connecting all the buildings proposed along Federal Highway together. Signage: Minimal project detail regarding proposed signage was shown with this submittal. Staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "c" - Conditions of Approval). All project signage shall conform to the regulations as set forth in Chapter 9 (Community Design Plan) and Chapter 21 of the Land Development Regulations. RECOMMENDATION: Staff has reviewed this request and recommends approval, contingent upon the approval of the accompanying request for abandonment (ABAN 05-003) and all items noted within Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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'I J¡ ,I J ¡ II I I Q.¡U II un , 111 ' It í if ! !Ii hi,) 1,11,1,11 liiim Hiiiii Œi ill ¡m i ~H Ubi !¡:Ii! n " h, . I I II ~I , ., H!! ..... .., !r~ ![~ II " ~~ ~~ ~~ (IDI : i. ; I ~ . ~ o! ° ~ AS ,orm ~ - I::J-~ KimIey-Hom (") ¡ ~n ~~ GULF STREAM LUMBER CONCEPTUAL DE-..Ð I' JANES C. 'otHER U _ and Associates I . ...10. N.............. SITE PLAN IIIA_n CAW ruIIIIAM:MIILI___ ø:aoos~_IICJ/IØCJOA1D,~ nc 8z 0 CAW 59536 *" 2'., -. __ -. _ _, FI. J_ ,.t 11:.... Plan"- eomm..t. 07 ,. !I JCV ~ -P vo BO'r1'lTON BE....CH fLORIDA Ot!:ocm.v _c (172) ~2-"" r." {1121 yt-_ '" Sf" _.-n_.COI CA_ " RE...... OAT( ey EXHIBIT B I- I L~,,-~ ._ I '15 ;:7' '> i< !m I~ ,m ! . '15 p --'._n .. -.1....._.. ¡ ~ I . IE) ~~ {;;;y ~ ,;"~-:"" ''-'' , :§II:.. 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I' .. ~~ I ~~ -n C) ~ i : ~ I i ~ I I I ~ I · ~ !,,~ ~ ¡ ~"H ~ ' , , . ! i! ¡ '¡ i I i ~ ~~t; ~ ~~_i ~ ~~~ ~ : Ii .= ~ ~ "Î ~ = ¡ I . e . ë , " , " · I ¡ ¡ . , , ¡ ¡ ¡ it It I I I I ~ ~ · . ;r: Iô\. .. '" '0 n '" >- I § , ~m i ~~ : g' . ~~ III 0% ; § I I ~~ !! %.r- i! I .. ~~ i!: ~53 I I.' ~ E~. ~ - ~ ~ I M: i ~ I~ ~ ìi I I J>. II J .... I ~ L -_. -- -- . ---- .-- -.-. - .. - - ._.~ I EXHIBIT B ~ %. " .... m 'tJ 1'\ 01 ~ ,- ¡¡ - ~ ~- ffi ~ m J>.("") · ::¡¡~ ~£ . ~~ -- s;¡m "i'R J>.D ~~ · ("")-< OJ>. . ~~ 1 ~ "TI ¡ H £ ~ ¡;: ~: t ¡ t ö 1 I ~¡ Sl .. ~ ~ ! ~ ~~ ~ ~ ~ , I, · ~ ~ ,,_ ;, ~ ::1. .. ~ " " . I ~ . ~ ¡ ~ ~ ~ ~ .... ~ :- ,'H ~ · , , , , , , ~ :,: :t ' , , .. ~ ~ ~ . i c::t: Iõ:\ .... .... 1;::1 n III ~ ¡ 1)1= , !! I o~ I g' . ~~ ~ gª ~ i I I ~~ ! 2..- : ¡;¡ : ~ ~£ i ~~ ! if I~. ~ m. !i & to:! fi I en I k i! I I L-'~ _ _ -- -- .--------- _ -- _ -- _ =:!. I ~ .__.~ I EXHIBIT B '" :r=. .. .... In 'tJ n 111 ~ - - - - ~ - 2- 1m · t ! ~ . - - · . ~ 2 ~ ~ · (> . T11 T11 :1>(") ::go r-r- 0~ ~i'R ~6 - ~~ . ~"O ~~ 8~ ~g os ~ os :c "" .... _ " n ø Jo. i ~c I 3" /j"j'Ã ~~p I ~~ ! ~; ~ r ~~! I ~r- : ¡ ~ : , i~m i ~~ I if lie I! I f I =~ ¡ b. J j a;g I ~ , = ~ I ~ L -. . -- ~- - ---- --- --- - - -- - ._.~ EXHIBIT "C" Conditions of Approval Project name: Uptown Lofts at Boynton Place File number: NWSP 05-021 Reference: 2nd review plans identified as a New Site Plan with a June 12. 2005 Planning and Zoning Department date stamp marking;. II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. A minimum turning radius of 60 feet is required for the approach to 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: 2. Provide a notice of concurrency (Traffic Perfonnance Standards Review) from Palm X Beach County Traffic Engineering. 3. Revise the provided traffic study to evaluate warrants for signalization at SE 12th X Ave. using baseline traffic volumes plus proposed development volumes. 4. Provide detailed off-site improvement plans, acceptable to the City, for Woolbright X Road, including proposed signalization and striping. The off-site improvement plans shall also include the following: extend the median west of the railroad crossing (Woolbright Road) terminating west of Southeast 151 Street, extend the median east of the railroad crossing (Woolbright Road) terminating east of the currently signalized intersection entering Sunshine Square. Right-in / right-out movements only will be allowed for southbound Southeast 151 A venue, northbound exiting Sunshine Square and southbound exiting from the west development service drive. 5. The developer shall provide a surety in the amount of 110% of the engineer's X estimate for the cost of this work. Construction of the required improvements shall be completed pending outside agency approvals and prior to issuance of the final Certificate of Occupancy for the project as required by the Amendments to the Building Code. In the event outside agency approvals are not granted the surety shall be returned to the Development and an alternate off-site plan depicting site access conditions shall be submitted for both the City and County approval. ENGINEERING DIVISION Comments: 6. Full drainage plans, including drainage calculations, in accordance with the LDR, X Chapter 6, Article IV, Section 5 will be required at the time of permitting. COA 08/04/05 2 DEPARTMENTS INCLUDE REJECT 7. Paving, Drainage and Site details will not be reviewed for construction acceptability X at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 8. All utility easements and utility lines shall be shown on the Site Plan and Landscape X 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. 9. Palm Beach County Health Department permits will be required for the water and X sewer systems serving this project (CODE, Section 26-12). 10. Fire flow calculations will be required demonstrating the City Code requirement of X 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 11. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for X 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. 12. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable water. As X other sources are readily available City water shall not be allowed for irrigation. 13. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 14. This office will not require surety for installation of the water and sewer utilities, on X condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 15. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this COA 08/04/05 3 I DEPARTMENTS INCLUDE REJECT project, in accordance with the CODE, Section 26-15. 16. Appropriate backflow preventer(s) will be required on the domestic water service to X the building(s), and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 17. Show diameters for all existing water and sewer depicted on the plans. As-built X information may be obtained from the City of Boynton Beach Utilities Department. 18. 8-inch water mains proposed within the development and connecting to 6-inch lines X in Woolbright Rd. and Federal Hwy., and SE 12th Ave. are insufficient to provide 1,500 g.p.m. with 20 p.s.i. residual pressure as required by Code. External improvements will be required. In order to accomplish this, a Hardy-Cross analysis will be required of this region of the city to determine the extent of external requirements. 19. A public lift station will not be permitted on this project. Ifno alternative to using a X lift station is found a private lift station may be allowed. Additional information regarding finish floor elevations and site elevations is needed for Staff to make an adequate analysis of the proposal. 20. Utility construction details will not be reviewed for construction acceptability at this X time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 21. Indicate within the site data the type of construction of each building as defined in X 2001 FBC, Chapter 6. 22. Indicate within the site data the occupancy type of each building as defined in 2001 X FBC, Chapter 3. 23. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. COA 08/04/05 4 DEPARTMENTS INCLUDE REJECT 24. Buildings, structures and parts thereof shall be designed to withstand the minimum X 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. 25. Buildings three stories or higher shall be equipped with an automatic sprinkler X system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 26. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 27. Add a labeled symbol to the site plan drawing that identifies the location of the X handicap accessible parking spaces. The quantity of the spaces shall be consistent with the regulations specified in the 2001 FBC. The accessible parking spaces that serve a use shall be located on the shortest safety accessible route of travel from adjacent parking to an accessible entrance. The 2001 FBC states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible entrance. 2001 FBC, Sections 11-4.1.2(5),4.3, and 4.6. 28. Add to each building space that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap accessible entrance doors to each building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 29. Add a labeled symbol to the site plan drawing that represents and delineates the X path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to each building. The installed symbol, required along the path, shall start at the accessible parking spaces and terminate at the accessible entrance doors to each building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum clear width of an accessible route shall be 36 inches, except at curb ramps that are part of a required means of egress shall not be less than 44 inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with 2001 FBC, Section 11-4.3 (Accessible Route) and 11-4.6 (parking and Passenger Loading Zones). Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 30. A minimum of 2% of the total parking spaces provided for the dwelling units X covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for COA 08/04/05 5 , DEPARTMENTS INCLUDE REJECT each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 31. Add to each building that is depicted on the site plan drawing a labeled symbol that X identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same unit/s on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, Title 24 CFR, Part 100.205). 32. At the time of permit review, submit details of reinforcement of walls for the future X installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 33. Add a labeled symbol to the site plan drawing that represents and delineates the X path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parking vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 36 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 34. Identify within the site data the finish floor elevation (lowest floor elevation) that is X proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _. _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." b. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). COA 08/04/05 6 DEPARTMENTS INCLUDE REJECT 35. As required by the CBBCO, Part III titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 36. To properly determine the impact fees that will be assessed for the one-story X clubhouse, provide the following: a.Will the clubhouse be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to the clubhouse? c. Will there be any additional deliveries to the site? d. Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouse. 37. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, X therefore, be used for landscape irrigation where other sources are readily available. 38. A water-use permit from SFWMD is required for an irrigation system that utilizes X 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. 39. If capital facility fees (water and sewer) are paid in advance to the City of Boynton X 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. b. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. 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) 40. At time of building permit application, submit verification that the City of Boynton X Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. COA 08/04/05 7 DEPARTMENTS INCLUDE REJECT The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 41. Pursuant to approval by the City Commission and all other outside agencies, the X 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. 42. The full address of the project shall be submitted with the construction documents X at the time of permit application submittal. If the project is multi-family, then all addresses for the particular building type shall be submitted. 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. 43. This structure meets the definition of a threshold building per F.S. 553.71(7) and X shall comply with the requirements ofF.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 44. The lofts above the retail space shall comply with the Fair Housing Act. This level X meets the definition of "ground floor" in the Fair Housing Act and an accessible route via a ramp or elevator must be provided to the first floor of dwelling units. 45. Sheet A1.0 indicates 583 parking spaces in the north and south parking structures X yet Sheets A2.01 through A2.05 and A2.07 through A2.1l totals 479 spaces. ClarifY. 46. Sheet A2.16 shows doors from mechanical closets opening into an egress corridor. X Any door in a means of egress shall comply with the 2001 FBC, Section 10 12.1.4. 47. The passenger elevators shall be constructed to accommodate an ambulance X stretcher 76 inches long and 24 inches wide in the horizontal position per the 2001 FBC, Section 3003.4.1. Each elevator must be made accessible to physically handicapped persons per the 2001 FBC, Section 3003.4.2 and 2001 FBC, Section COA 08/04/05 8 DEPARTMENTS INCLUDE REJECT 11-4.10. PARKS AND RECREATION Comments: 48. The Landscape Notes indicate the use of cypress mulch. This should be changed to X eucalyptus or melaleuca mulch. 49. Impact Fee as follows: X 482 Multifamily units at $656.00 per unit = $316,192 20 single family, attached units at $ 771.00 per unit = $15,420 TOTAL $ 331,612 50. Provide a letter from DERM to state contamination has been mitÜ1;ated. X 51. The use of potable water will be reviewed and approved by the Utilities Division of X Public Works. FORESTERJENVIRONMENT ALIST Comments: 52. The Landscape Architect should tabulate the total existing trees on the site. The X tabular data should show the individual species of trees proposed to remain in place, be relocated throughout the site, or removed / replaced on site. All desirable species of existing trees must be relocated rather than removed if the trees are in good health. These trees should be shown by a separate symbol on the landscape plan sheet L-4 (Chapter 7.5, Article I Sec. 7.D.p. 2.). 53. The mulch note should be changed to state that no Cypress mulch can be used on X the site. PLANNING AND ZONING Comments: 54. Approval of the site plan is contingent upon the successful abandonment (ABAN X 05-003) of a portion of Alden Street. 55. A traffic study was submitted by the applicant and forwarded to the Palm Beach X County Traffic Division. No building permits are to be issued by the City until the Traffic Division approves the study for traffic concurrency purposes 56. The project must obtain approval from the School District of Palm Beach County X regarding school concurrency prior to the issuance of a building permit. COA 08/04/05 9 , DEPARTMENTS INCLUDE REJECT 57. A unity of title may be required. The Building Division of the Department of X Development will determine its applicability. Regardless, this project is treated as a large-scale mixed-use project whereby density, buildings, and site regulations are based upon the entire 14.463-acre parcel. Please note that there should be no future attempt to subdivide the two (2) residential towers from the rest of the plan because to do so, would cause the densi , buildin s, and site to become non-conformin . 58. The site plan tabular data (sheet C-l) should accurately indicate the number of required parking spaces. The code requires parking as follows: Re uired Parkin Provided Parkin 294 428 168 10 217 5 1/1,800 2 1,124 934 289 40 16 42 23 1,344 Net Difference +220 Ian tabular data to reflect this information. X 59. At the time of permitting, revise the 5th level floor plan of the south apartment tower X to correctl show the labels for each arkin s ace. 60. The floor plan and elevations of the 3,404 square foot stand-alone building located X at the northeast comer of the site indicates that it would be used for retail purposes. However, the applicant informed staff that it would be used for an indoor recreation area for the residents of the lofts of the mixed-use building. This should be noted as such on both the site Ian and res ective floor Ian at the time of ermittin . 61. The code defines building height as follows: The vertical distance in feet measured X from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established by FEMA, whichever is highest, to the highest point of the roof for flat roofs, to the deck line for mansard roofs and parapet roofs with parapets less than five (5) feet in height. Gable and hip roof heights shall be measured to the midpoint between the eaves and the ridge. At thte time of permitting, on all elevation pages, indicate the proposed building heights as defined b the aforementioned code. COA 08/04/05 10 I DEPARTMENTS INCLUDE REJECT 62. At the time of permitting and contingent upon the successful abandonment of a X portion of Alden Street, the site plan tabular data should reflect the correct parcel size of635,417 s uare feet or 14.58 acres. 63. The Mixed Use-Low zoning district requires 20% pervious surface for mixed-use X developments. The plan provides a total of 18.8% pervious surface. An extra 1.2% of ervious surface shall be rovided rior to the issuance of an buildin ermits. 64. All elevation pages shall indicate the exterior finishes, roof material, paint X manufacturer's name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). On sheet A4.08, correctly label the direction (i.e. north, south, east, or west elevation) of each building elevation. Provide elevations of the south façade of the dumpster service yard proposed along Woolbright Road. Provide west elevation of the parking structure in great detail, to fully depict what the eastbound motorist on Woolbright would see as their first impression of the project. A scaled drawing should depict the landscaping along this elevation at ro osed s acin and hei ht. 65. The smallest sized loft unit is shown to be 712 square feet (under Ale). The MU-L X zoning district requires a minimum unit size of 750 square feet and therefore, these units do not comply with code as currently labeled. At the time of permitting, the floor lans will have to be revised to address this labelin issue. 66. A landscape barrier will be required along the west side of the mixed-use parking X garage (Chapter 7.5, Article II, Section 2.B.3.). A landscape barrier is a near solid element intended to block all direct and reasonable views to parked vehicles. The landscape barrier shall be consisting of shade and palm trees that when planted, is tip-to-tip spacing in order to achieve a continuous visual screen. Also, staff recommends installing additional palm trees at tip-to-tip spacing around each side of this mixed-use arkin ara e. 67. Landscaping at each project entrance shall contain a combination of colorful X groundcover plants and a minimum of two (2) colorful shrub species on both sides of the entrance (if sufficient space is provided- Chapter 7.5, Article II, Section 5.N. . Revise landsca e lans so that the com 1 with the above referenced code. 68. All proposed wall signage is subject to the Community Redevelopment Agency X Board and City Commission review and approval. Staff recommends creating a master sign program that shows the number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign program would address all types of signs, including commercial wall signs, identification signs, residential subdivision signs, freestanding monument signs, canopy signs, way- finding signs, directional signs, and all other signs as regulated by Chapter 21 of the Land Development Regulations. Also, the awning size, materials, and color(s) should be included within the si ro am as well. 69. At the time of permitting, revise the photometric plan (sheet P-l) to eliminate the X reference to a "6-sto residential tower". The tower is onl five 5 -stories. COA 08/04/05 11 I DEPARTMENTS INCLUDE REJECT 70. The subject site is located along Palm Tran Bus Route 1. A bus stop should be X shown on the site plan (sheet C-l), in particular, along Federal Highway. Staff recommends that the stop be placed at least 300 feet away from the intersection of Federal Highway and Woolbright Road. Staff also recommends that it be a substantial and attractive bus stop, possibly constructed within the build-to area of the subject property. Coordination with Palm Tran is recommended. 71. Staff recommends installing additional groundcover plants at the base of each tree X within the bulb-outs of the interior street system. Also, staff recommends installing additional trees (i.e. combination of Washingtonia and Travelers palm trees) and Phillidendron selloum plants along the south façade of the South Tower and the east façades of both towers. The trees should be of substantial size (approximately one- half of the height of the structure) at the time of their installation to help soften the impact of the 63-foot tall residential towers. 72. Staff recommends incorporating benches into the design of the public plaza X proposed at the southeast comer of the subject property. 73. At present, the alternate plant species are as follows: Foxtail palm, Washington X palm, Red Maple, Sycamore, Silver Buttonwood, Anise, Indian Hawthorne, and Sadakwa Viburnum. Considering the size of the project, the variety of plant material is still minimal. Staff recommends the use of a greater palette of shrub material, especially those with more colorful varieties. Staff recommends including Florida Royal palm trees within the alternate plant list as well. 74. Staff recommends that all roofs for all buildings be covered with the same style and X color of roof tile. ADDITIONAL COMMUNITY DEVELOPMENT AGENDY BOARD CONDITIONS: Comments: 75. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 76. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\BEACHSIDE @ BOYNTON\NWSP 05-021\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Uptown Lofts at Boynton Place AGENT: Mr. James G. Vitter with Kimley-Horn and Associates, Incorporated. AGENTS ADDRESS: 601 21st Street, Suite 400 Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request New Site Plan approval in order to construct two (2) identical five (5)- story apartment buildings (202 units each) for a total of 404 dwelling units. The site plan also includes an additional 20 townhouse units in conjunction with three (3)-story mixed-use buildings consisting of 43,361 square feet of retail (on the ground floor) and 70 "loft" style dwelling units proposed on the second and third stories, all of which, are proposed on a 14.6-acre site zoned Mixed Use- Low (MU-L). LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway and Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 . Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumher\Uptown Lofts at Boynton Place\NWSP OS-021\DO.doc VIlli-PUBLIC HEARING ITEM BI CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 2, 2005 July 18, 2005 (Noon.) o October 5, 2005 September 19,2005 (Noon) o August 16,2005 August I, 2005 (Noon) o October 18, 2005 October 3, 2005 (Noon) ~ September 6, 2005 August IS, 2005 (Noon) o November I, 2005 October 17, 2005 (Noon) o September 20, 2005 September 6, 2005 (Noon) o November 15,2005 October 31, 2005 (Noon) --., . . ......"j:¡ 0 Administrative 0 Development Plans \.. . ~ <,-.ì c..,) , , NATURE OF 0 Consent Agenda 0 New Business -_.,.~ AGENDA ITEM ~ Public Hearing ~ Legal -.... 0 ' ' 0 Bids Unftnished Business I --'-',~ - ,- ~'vh, ····'1 -- -1\'.1:.) 0 Announcement 0 Presentation .. i"0 -rll CJþ 0 City Manager's Report (7'1 I-q;~) ::1: RECOMMENDATION: Please place this request on the September 6, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on August 30,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-166. EXPLANATION: PROJECT: Arches (LUAR 05-008) AGENT: Bonnie Miske!, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast corner of the intersection of Ocean A venue and SE 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C); and Request to rezone 0.58-acre of property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H). Proposed Use: Addition to an approved mixed use development proposed to include a total of 378 dwelling units and 38,599 sq. ft of commercial space. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A D'V'IOP~if City Manager's Signature Z¿)~ City Attorney / Finance / Human Resources Planning' and Zon' g irector S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\LUAR Addition\Agenda Item Request aRCHES luar 05-008 9-6-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II I 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL OWNED BY BOYNTON 8 VENTURE I, LLC, AND LOCATED ON THE 9 SOUTHEAST CORNER OF THE INTERSECTION 10 OF OCEAN AVENUE AND SOUTHEAST 4TH 11 STREET; CHANGING THE LAND USE 12 DESIGNATION FROM MIXED USE (MX) TO 13 MIXED USE CORE (MX-C); PROVIDING FOR 14 CONFLICTS, SEVERABILITY, AND AN 15 EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 19 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 20 Government Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 23 and 24 WHEREAS, after two (2) public hearings the City Commission acting in its 25 dual capacity as Local Planning Agency and City Commission finds that the 26 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 27 Plan and deems it in the best interest of the inhabitants of said CÎty to amend the 28 aforesaid Element of the Comprehensive Plan as provided. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1: The foregoing WHEREAS clauses are true and correct and S:\CA\Ordinances\Planning\Land use\Arches Addition.doc " I 1 incorporated herein by this reference. 2 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the 3 following: 4 That the Future Land Use of the following described land located on the 5 Southeast comer of the intersection of Ocean A venue and Southeast 4th Street in 6 Boynton Beach, Florida shall be changed from Mixed Use (MX) and shall now be 7 designated as Mixed Use Core (MX-C): 8 See legal description attached hereto. 9 10 11 Subject to easements, restrictions, reservation and rights of way of record. 12 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element 15 of the Future Land Use Plan shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 17 repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof 19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 20 the remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, 22 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 23 Planning and Land Development Regulation Act. No party shall be vested of any right by 24 virtue ofthe adoption of this Ordinance until all statutory required review is complete and 25 all legal challenges, including appeals, are exhausted. In the event that the effective date is 26 established by state law or special act, the provisions of state act shall control. S:\CA\Ordinances\Planning\Land Use\Arches Addition.doc II I 1 FIRST READING this day of ,2005. 2 SECOND, FINAL READING and PASSAGE this _ day of , 3 2005. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 S:\CA\Ordinances\Planning\Land Use\Arches Addition.doc LEGAL DESCRIPTION THE ARCHES (ADDITIONAL LAND AREA) PARCEL I: THE WEST 10' OF LOT 6, LESS NORTH 8' AND THE EAST 13.05' OF THE NORTH 75.88' OF LOT 7, LESS NORTH 8', BLOCK 7, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, RECORDED IN PLAT BOOK 1, PAGE 23. PARCEL II: LOT 7, LESS EAST 13.50 FEET OF NORTH 75.88 FEET, AND LESS NORTH 8 FEET OF WEST 36.50 FEET THEREFROM, BLOCK 7, ORIGINAL TOWN OF BOYNTON, A SUBDIVISION OF THE CITY OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, RECORDED IN PLAT BOOK 1, PAGE 23, TOGETHER WITH AN EASEMENT OF PURPOSES OF INGRESS AND EGRESS OVER THE SOUTH 50 FEET OF THE WEST 10 FEET, LOT 6, BLOCK 7, ORIGINAL TOWN OF BOYNTON. PARCEL III: NORTH 40 FEET OF LOT 8 AND THE NORTH 40 FEET OF THE WEST 26 FEET OF LOT 9, BLOCK 7, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN PLAT BOOK 1, PAGE 23. PARCEL IV: THE NORTH 40 FEET OF LOT 10 AND THE NORTH 40 FEET OF THE EAST 24 FEET OF LOT 9, BLOCK 7 OF THE ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PARCEL V: THE EAST 40 FEET OF LOT 6, LESS NORTH 8', BLOCK 7, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE SOUTH 50 FEET OF THE NORTH 90 FEET OF LOTS 8, 9 AND 10, BLOCK 7, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING A COMPUTED NET AREA OF 25,344 SQUARE FEET (0.58 ACRE), MORE OR LESS. WPB:205259:1 ~ ..", . LOCATION MAP Arches Addition Exhibit A LUAR 05-008 ~ n; i I i ~ --- E-Ð6EA-N-AV ~ ¡~-A ~ ~ SE 2ND AVE æ E-2ND-AV N 150 75 0 150 Feet A 8836 II I 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, REGARDING THE 5' APPLICATION OF BOYNTON VENTURE I, LLC 6 AMENDING ORDINANCE 02-013 TO REZONE A 7 PARCEL OF LAND LOCATED ON THE 8 SOUTHEAST CORNER OF THE INTERSECTION 9 OF OCEAN AVENUE AND SOUTHEAST 4TH 10 STREET, AS MORE FULLY DESCRIBED HEREIN, 11 FROM CENTRAL BUSINESS DISTRICT (CBD) TO 12 MIXED USE - HIGH INTENSITY (MU-H); 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 17 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 18 WHEREAS, Boynton Venture I, LLC, owner of the property located on the Southeast 19 comer of the intersection of Ocean Avenue and Southeast 4th Street in Boynton Beach, Florida, 20 as more particularly described herein, has filed a Petition, through its agent Bonnie Miskel & 21 Kim Glas-Castro of Ruden McClosky, pursuant to Section 9 of Appendix A-Zoning, of the 22 Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of 23 land, said land being more particularly described hereinafter, from Central Business District 24 (CBD) to Mixed Use - High Intensity (MU-H); and 25 WHEREAS, the City Commission conducted a public hearing and heard testimony 26 and received evidence which the Commission finds supports a rezoning for the prop,erty 27 hereinafter described; and 28 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 29 an amendment to the Land Use which was contemporaneously considered and approved at the 30 public hearing heretofore referenced; and S:\CA\Ordinances\Planning\Rezoning\Rezoning - Arches Addition.doc I r I 1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. The foregoing Whereas clauses are true and correct and incorporated 6 herein by this reference. 7 Section 2. The following described land, on the Southeast comer of the 8 intersection of Ocean Avenue and Southeast 4th Street in the City of Boynton Beach, Florida, 9 as set forth as follows: 10 See legal description attached hereto. 11 12 13 be and the same is hereby rezoned from Central Business District (CBD) to Mixed Use - High 141 Intensity (MX-H). A location map is attached hereto as Exhibit "A" and made a part of this 15 Ordinance by reference. 16 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 17 accordingly. 18 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 19 repealed. 20 Section 5. Should any section or provision of this Ordinance or any portion thereof be 21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 22 remainder of this Ordinance. 23 Section 6. This ordinance shall become effective immediately upon passage. 24 FIRST READING this _ day of ,2005. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Arches Addition.doc II I 1 SECOND, FINAL READING and PASSAGE this _ day of ,2005. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 ATTEST: Commissioner 18 19 20 City Clerk 21 22 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Arches AdditlOn.doc LEGAL DESCRIPTION THE ARCHES (ADDITIONAL LAND AREA) PARCEL I: THE WEST 10' OF LOT 6, LESS NORTH 8' AND THE EAST 13.05' OF THE NORTH 75.88' OF LOT 7, LESS NORTH 8', BLOCK 7, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, RECORDED IN PLAT BOOK 1, PAGE 23. PARCEL II: LOT 7, LESS EAST 13.50 FEET OF NORTH 75.88 FEET, AND LESS NORTH 8 FEET OF WEST 36.50 FEET THEREFROM, BLOCK 7, ORIGINAL TOWN OF BOYNTON, A SUBDIVISION OF THE CITY OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, RECORDED IN PLAT BOOK 1, PAGE 23, TOGETHER WITH AN EASEMENT OF PURPOSES OF INGRESS AND EGRESS OVER THE SOUTH 50 FEET OF THE WEST 10 FEET, LOT 6, BLOCK 7, ORIGINAL TOWN OF BOYNTON. PARCEL III: NORTH 40 FEET OF LOT 8 AND THE NORTH 40 FEET OF THE WEST 26 FEET OF LOT 9, BLOCK 7, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN PLAT BOOK 1, PAGE 23. PARCEL IV: THE NORTH 40 FEET OF LOT 10 AND THE NORTH 40 FEET OF THE EAST 24 FEET OF LOT 9, BLOCK 7 OF THE ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PARCEL V: THE EAST 40 FEET OF LOT 6, LESS NORTH 8', BLOCK 7, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE SOUTH 50 FEET OF THE NORTH 90 FEET OF LOTS 8, 9 AND 10, BLOCK 7, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING A COMPUTED NET AREA OF 25,344 SQUARE FEET (0.58 ACRE), MORE OR LESS. WPB:205259:1 ~ ..., LOCATION MAP Arches Addition Exhibit A LUAR 05-008 ~ ! ! ~ e-eeE-AN-AV ~ ~-SE-1-51'-A m i ~ en SE 2ND AVE E-2ND--AV N 150 75 0 150 Feet Â 8836 DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-166 TO: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission FROM: Dick Hudson, AICP ~ Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 22, 2005 PROJECT NAME/NUMBER: Arches Addition/LUAR 05-008 REQUEST: Amend the future land use designation from Mixed Use (MX) to Mixed Use-Core (MX-C) and rezone from CBD Central Business District to MU-H Mixed Use-High Intensity PROJECT DESCRIPTION Property Owner: Boynton Venture I, LLC Applicant/Agent: Boynton Venture I, LLC/Bonnie Miskel & Kim Glas-Castro of Ruden McClosky Location: Southeast corner of the intersection of Ocean Avenue and SE 4th Street (Exhibit "AIf) Parcel Size: 0.58 acre Existing Land Use: Mixed Use (MX) - 40 units per acre maximum Existing Zoning: CBD Central Business District Proposed Land Use: Mixed Use Core (MX-C) - 80 units per acre maximum Proposed Zoning: MU-H Mixed Use-High Intensity Proposed Use: Addition to approved mixed use development to include a total of 378 residential units and 38,599 sq. ft. of commercial space on a property totaling ±5.05 acres Page 2 File Number: LUAR 05-008 Arches Addition Adjacent Uses: North: Right-of-way of Ocean Avenue then property owned by the City of Boynton Beach (Veterans Park) designated Mixed Use (MX) and zoned CBD Central Business District South: Property owned by the applicant designated Mixed Use Core (MX- C) and zoned MU-H Mixed Use-High Intensity and approved for redevelopment East: Property owned by the applicant designated Mixed Use Core (MX- C) and zoned MU-H Mixed Use-High Intensity and approved for redevelopment West: Right-of-way of SE 4th Street then property owned by the City of Boynton Beach (parking lot) designated Mixed Use (MX) and zoned CBD Central Business District EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The addition of this property will provide the applicant with a redevelopment project encompassing two entire city blocks, serving to make a more complete project; 2. The requested land use amendment and rezoning are consistent with applicable Comprehensive Plan policies and the Federal Highwav Corridor Community Redevelopment Plan. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.58 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state; regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk Page 3 File Number: LUAR 05-008 Arches Addition manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property is not located in the hurricane evacuation zone; therefore the prohibition cited does not apply. Other relevant Comprehensive Plan policies as well as directions contained within the Federal Highwav Corridor Community RedeveloDment Plan, which are adopted by reference in the Comprehensive Plan, are discussed below: Policy 1.16.1 of the Land Use Element contains the definition of the Mixed Use Core designation and reads: "This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: Business, professiona¿ and administrative offices; retail uses, personal services, day-care services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a gross density up to 80 dwelling units per acre; places of worship; governmental uses; home occupations. . . A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core land use category. . . All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category.'/ The Mixed Use-Core land use designation and the Mixed Use-High Intensity zoning district were adopted in response to directions in the "Federal Hiahwav Corridor Community RedeveloDment Plan/'and are consistent with the recommendations of that study. While the land area currently designated for this use is relatively small, it has been the City's intent to expand the area on a project-by-project basis in order to review land use compatibilities and control the potential impacts to the City's service delivery systems until adequate capacity exists concurrent with demand. The original Arches plan, approved on June 17, 2003, was the second redevelopment project approved following the addition of this language to the Comprehensive Plan. The addition of these small parcels to the original project provides a much more cohesive area for planning, and at the same time gives development potential that neither of the additional properties, because of their small size, would have separately. Page 4 File Number: LUAR 05-008 Arches Addition b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district but would relate to other properties in the downtown area that are currently or will be a part of the revitalization of the area and particularly to the other properties, under the same ownership, that make up the two blocks lying between Ocean Avenue and SE 2nd Avenue that will be part of the same development. c. Whether changed or changing conditions make the proposed rezoning desirable; The addition of the two mixed use land use designations, Mixed Use and Mixed Use-Core, and the accompanying Mixed Use/Low-Intensity and Mixed Use/High-Intensity zoning districts have provided greater options for development and redevelopment in the downtown area than was possible with the CBD Central Business District zoning. The flexibility includes additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision of an urban downtown environment. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since approval of the original site plan for the Arches, the City adopted, concurrently with Palm Beach County, a Transportation Concurrency Exception Area (TCEA) for a portion of the CRA area that includes this property. This adoption basically allows collective projects below a certain level of maximum density and intensity to be approved without being subjected to the Palm Beach County Traffic Performance Standards Ordinance. The City's Utilities Department estimates water and sewer demands will be 125,000 gallons per day for the entire project. Capacity is available; however, no capacity reservations have been made for any part of the project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the lO-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Review comments by the Police and Fire Departments are pending and will be presented by staff if available at the time of the City Commission hearing. Lastly, drainage will also be reviewed in detail as part of the review of the application for site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. Page 5 File Number: LUAR 05-008 Arches Addition e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The requested actions will give the subject property the same land use designation and zoning as the other properties within the Arches project. It is the City's intention that other adjacent and nearby properties will request similar actions over time as future redevelopment projects are contemplated. f. Whether the property is physically and economically developable under the existing zoning. The properties could redevelop under the existing zoning; however, because of the small size of each, it will be difficult for them to meet development requirements and provide adequate space for economically viable projects. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above the project is consistent with the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan, capacity exists to meet the service needs generated by the proposed project, and it will serve to provide an economic contribution to both the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. As stated above, while the land area currently designated for this use is relatively small, it is the City's intent to expand the area on a project-by-project basis; therefore no sites exist with the MX-C land use and MU-H Mixed Use High zoning, except in approved redevelopment projects. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and the Federal Highwav Corridor Communitv RedeveloDment Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\ARCHES @ BB\lUAR Addltion\ARCHES ADD STAFF REPORT.doc LOCATION MAP Arches Addition Exhibit A LUAR 05-008 ~ e-eeEAN-AV ~ fE 1S'f-A SE 2ND AVE m N N 150 75 0 150 Feet Á VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16, 2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) I:8J September 6, 2005 August IS, 2005 (Noon) D November I, 2005 October 17, 2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31, 2005 (Noon) -- D Administrative D Development Plans :r;".1¡ NATURE OF D Consent Agenda D New Business -. ':.0 AGENDA ITEM I:8J Public Hearing I:8J Legal ~ D Bids D UnfInished Business ::'¡-41 :],~ D D - _ì -T- Announcement Presentation ~-~.- ·-'1 .. ....,., D City Manager's Report r'.:> C)~~ -.......! ,'T¡ñ =r: RECOMMENDATION: Please place this request on the September 6, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on August 30,2005. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 05-163. EXPLANATION: PROJECT: Arches (Street) (ABAN 05-004) AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast comer of the intersection of Ocean A venue and SE 4th Street DESCRIPTION: Request for abandonment of a forty (40) foot wide right-of-way known as Southeast 1 st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DeVOl~O' City Manager's Signature Ld.¥ City Attorney / Finance / Human Resources Planning and Zoni rrector S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-004\Agenda Item Request Arches (Street) ABAN 05-004 9-6-05.dot S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC " 1 2 Section 4. This Ordinance shall take effect immediately upon passage. 3 4 FIRST READING this _ day of ,2005. 5 6 SECOND, FINAL READING AND PASSAGE THIS _day of , 7 2005. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 ATTEST: 26 27 28 City Clerk 29 30 S:ICAIOrdinanceslAbandonmentslArches 40 foot ROW.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the forty (40) foot wide right-of-way bounded on the north by the south line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway and on the west by the east right-of-way line of Southeast 4th Street, all in ORIGINAL TOWN OF BOYNTON plat, subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of September, 2005. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdínanceslAbandonmentslArches 40 foot ROW,doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05·163 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese fJ&., Principal Planner DATE: August 19,2005 SUBJECT: Abandonment of a portion of the 40-foot wide right-of-way (SE 1st Avenue) located between South Federal Highway and SE 4th Street (ABAN 05-004) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon a portion of the 40-footwide right-of-way located between South Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on June 22, 2005. This abandonment is for the following platted street segment: That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway (U.S. Highway No.1) and on the west by the east right-of-way line of SE 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the street to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Property assembled as part of the Arches development, and farther north is right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Property assembled as part of the Arches development, and farther south is right-of-way for SE 2nd Avenue; East - Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West - Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. Page 2 Memorandum No. PZ 05-163 ABAN 05-004 BACKGROUND In July of 1898, the Plat of Original Town of Boynton subdivision was approved, depicting streets and alleys to be dedicated for the perpetual use by the public. Southeast 1 sl Avenue is an east/west-oriented street that bisects the Arches at Boynton Beach mixed-use development. In June of 2003, Boynton Ventures 1 LLC received site plan approval for the Arches project. The original plans proposed to leave SE 1 sl Avenue intact. Since that time, the applicant has placed under contract to purchase, those properties that remained unassembled and apart from the original project, the remaining portion of an alley (ABAN 05-005, which is under consideration along with this proposed street abandonment), and the subject of this request, SE 1 sl Avenue and has modified the development plan to include these parcels. The applicant has the intention of vacating the 40-foot wide street to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "D"- ARCHES Site Plan). As indicated on the survey, the segment of the street to be vacated measures approximately 335 linear feet, running east from SE 41h Street to South Federal Highway. All existing infrastructure within the street will be relocated or encased at the applicant's expense, within existing easements or easements to be provided. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. All utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and City staff is as follows: CITY DEPARTMENTSIDIVISIONS Engineeringl Public Worksl Utilities - No objection wi conditions (see Exhibit "E") Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection wi conditions (see Exhibit "E") Bell South - No objection wi conditions (see Exhibit "E") Florida Public Utilities Company - No objection wi conditions (see Exhibit "E") Cable Company (Adelphia) - No objection wi conditions (see Exhibit "E") Cable Company (Comcast) - NIA RECOMMENDATION Staff has determined that the subject right-of-way would no longer serve and public purpose under the proposed Arches development plan, and therefore is recommending approval ofthe requestto abandon the portion of the 40- foot wide street as described above, subject to the comments included in Exhibit "E" - Conditions of Approval. This recommendation is based upon the determination that the right-of-way is surrounded by the proposed development and would serve only the applicant. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S:IPlanningISHAREDIWPlPROJECTSlArchesIABAN 05-004\staff report.doc .:.: . ~ ! , - i i . ~ "" '¡' r I L ,: '{~~Ij ·,'SE.'2nd Äve "<' D., ,;ijLt~·'~~~¡,;,J . r, '~:JjA:\ ': ~,'''~~~,:~.~\~,~;j'T;,ll i '1í!1~"!" :·~~.i?· I ,>",...1 ........ " ."? " -,; ~~ (I _ . _ f r-' (j).-;:, Ii . "- . 1r¡n~_- - , ='¡¡..þ.' :,., L"r-+-I, ·R' 3' ___.).~l\:.........._ :"~-~"-;'-'., ,~--:,- , .,_:,.\'t'¿¡'i";i.>'::''';'/''''';:;;'",::r t '.' " ' <_.~, '" ,,' - (J) 'r-+- ., CD CD " '_, tlll~,"""'" L , . . . . I ; II ~~ ----~----~_. 1~ EXHIBIT B iii }r . : ~'; i ; ¡ J ~ ~ "~ ~ i i ~ I!; - ~ f 9.3 1 z ~h" ~ :!j~~ Š!<5 3 ~ ~ III 6Ð"'.. ~ ~ ~ i:! 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II ~ to I ',: : ¡m §~~E8rn ' I~ ~ ~ .LEi ~ N7Vd ~ I I I~§§Q,§§' ~' ~ ~' ~ ~~ )., "l '" C\II \o (j o, ~ ~ C\ ~!I C) '> Q : If') .. I' 't '" ~ II) ! ~ ~I , 3:JêY7; Æ§..7,N~2C7 rn' : : : : , I GI' ~ IQ ~ \D ~ .. 91 ~ .. ~ .... ~ .. ~ ~... ~ ::: ~ ~ ~ ~ t;S t) ='.,.1 _ :..1 ~ - - - _.L. - - - - :!,NId - - - i.;¡-- . ç}, ~ f ' I' ¡ . ~¡!J ".~ ¡. I. ~' ,t . _r ¡ ., !..£ ~ jl::4 r .!'f:~ H: ¡ : U· t- Hi I; ~ ..:.. ~ ~ i ~~: .Þ3> " ..... ... ~ ~ ~ ~ . 1>-, 1\ L;: ~,~ ,·:-::tr HI,jH~i" .~. . 't 1" J ¡ ~~ It' h, ~ -r:l: ;;h"i IIIXJ 'f!f: ~ ,~. ~ :..:z! hj" 11::0,} ~II ~¡c.: ' fZ,...I ....~ ";;:J~ ...; 1 I" , .....» .. t· 1,_ 1'\.1 ~ .. "' ,.... '¡IR ~..:, , t·' 1~-:'] -:1<' J ~~¡~~ ., , ~ .0;...-:" ~.- {' .::;.:. . !~~Í ;{f W1 r ~ J:"~~~ nl~ J,~" 1 !-:'b !~~ :,'j. ; 1}~~, '\ '\.. ~f J:I ...... .., ,> Ii' , ',.. l"- f " : . ... ¡,.,,, It ~ : 'I,¡ i ì<l ð . i;.a;i' g~f '.~!.:-~ -~,: ' :',.-. t ~ : {~ . . n ", ~ · f" ~ ~ ,~. :q >. t f f"( . 1.1" r .1~ :{~. I: jJ !1¡- ~51'; .', '¡\tijì"~ : a:l j. ..<: p'. i. t ~ , 'QI ., ¡I I '>~, ' : ...~. 0:f oofd 4 , ... f,. i~:~ { 11 w @ HI ~1 t l,~. ,1 ,111 ~i<J\~: ~ ".. 1. . v)u,. >: 1- . 'C! i.... 11 , ,0:..' . .. I I~ .!J . . ..- ~ ~,! " " , 'I" h ;'t"~i: :J Cf'\ ~ i~:{t: t- ~lt~} EXHIBIT D ',' ," SKETCH OF DESCRIPTION A PORTION OF SE 1ST AVENUE TO BE VACATED SeE. 4Ih S1'RE:i.T rCENTERUNE ORIGINAL TOWN OF BOrNTON- ," ORl",NAL ..."\'=.~ (PB 1 PG 23 PBCR) ORIGINAi. 8 , . WEST LINE ' , L()t'~:T 8\:~E12' ¡ ~ !l?' Jj lOT 8. BlK 7, _E BlGtlI:Of'-_ -L N(}(J'o. 'O!j t: --L w:: ~TIONAL RIGHT-OF-WAY! / // 1/ / ~U~~T BlJ( 7 (ORB 4356. PG 890 PBCP) ~ -ý " 119'27'£ 11.00" .. I / /. // Pb~ ~ SCALE: 1 =50 , / ,/ / I N G , . ' / co 1', /'/ ' / /;t/ / ///j ---- // '% --- //)% /~/,) // SURVEY NOTES: ~/ 1. THIS IS NOT A BOUNDARY SURVEY. ([) / / (J) 2. BEARINGS SHOWN HEREON ARE ' / /Í / ASSUMED AND ARE RELATIVE TO THE / / /i // WEST RIGHT OF WAY UNE OF FEDE .. / / v / HIGHWAY. SAID UNE BEARS SOUTH - - - - / / -' - -00'02'09- WEST. ~ / / /' /' 3. LANDS SHOWN HEREON WERE NOT ~ / /:/ / .,.o'~ ABSTRACTED BY SHAH, DROTOS & o "'i . / /' / / 0 ASSOCIATES FOR RIGHTS-OF-WAY. r 0?é;.; k¡ / / Á / <'10-'~;:> EASEMENTS. OWNERSHIP, OR OTHER ~/k:¡/ L() · / / ~/ / /'.< >- INSTRUMENTS OF RECORD. /' < ~ / / <9 Q /0 <ý Q /;, r.; / . ~ / (00 it-:. - 0 0,. _ ~'/ I '/f- /V_ _ <--=O/- ~ §Q / / Y . ~/> 0", ~" /~ ~. v n ~ q~, ~//. / " /-' Á) &_ "Áj , ¡' -fC) UJ-: 1-- -1, &'" / i"- / ;::. ~' /" "<I- C' '-~ ' / /Í / ~ " ,>~ ,7 <:' "1,>,, / / / .,' ~ '"f '-0. - ,:> 0'Í' / / I ' "v ///,/ ~ /~ ,J - - - - ><v - - --Þ ;~/Ji ~ n ~ ~,~ ~ / // g /~} - - - - ;;;!11" - - - ...J / }_ , N ~ /IH ¡ ! ~ ~ ///Í/' / / / / / ,/ D. ROSE - - - - / / // - NAI.. SURVEYOR AND MAPPER R-12.00~ ~//!/ FLORIDA REGISTRATION NO. 3998 D-89'O 1 '36- . / /1' / "<I- L 18.65' / / V / ~ ., =. , /¡ // ST R/GHT-OF'- ,1 ,/// Y / WAY UNE \ i )' / /i / . SO(. -,' -.f&~¥';if~E -5JJó~~"W L - - --4:1NLESS IT BEARS THE SIGNATURE 10' ADDmONAL R.IGHT -OF-WAY , AND THE ORIGINAL RAISED SEAL OF -(ORB 568. PG 143 DBCR) A FLORIDA UCENSED SURVEYOR AND FEDÐIAL IMIWLII.S. HlfJHWAY NO. t MAPPER THIS MAP IS FOR AND STAlE' I NO. 6 INFORMATIONAL PURPOSES ONLY PROJECT NO: 02-0598AOO 1I1!t~-tJF-'" AND IS NOT VAUD FILE NAME: X:\CAD\SURVEY\0598A00\SKETCHES\0 I SHEET 2 OF 2 SHEETS ~. ^ SHAH I """""" ~..;:\i.L.,A=:"" D ROTa S SURVEYING & ASSOCIATES PL4NNING C£RTIf"lcATE Of" AUTHORIZATION NO. LB 6456 SKETCH OF DESCRIPTION MDR 06/01/05 MDR 3410 N. Andrews Avenue Ext. Pompano Beach. fl 33064 REVISIONS DWN DATE FB/PG CHKD PH: 954-943-9433 . fAX: 954-783-4714 EXHIBIT D '. LAND DESCRIPTION PORTION OF S.E. 1ST AVENUE TO BE VACATED That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway (U.S. Highway No.1) and on the west by the east right-of-way line of S.E. 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the southwest comer of Lot 8 in said Block 7; THENCE South 88·59'27" East along the south line of said Block 7, a distance of 5.00 feet to the POINT OF BEGINNING; THENCE continuing along said south line, South 88·59'27" East, 335.01 feet; THENCE South 00·02'09" West, 51.80 feet to a point of cusp on the west right-of-way line of Federal Highway (U.S. Highway No.1, State Road No.5); THENCE northwesterly along the arc of a curve concave to the southwest, having a radius of 12.00 feet, a central angle of 89·01'36", an arc distance of 18.65 feet to the point of tangency; THENCE North 88·59'27" West, along the north line of said Block 12, a distance of 323.21 feet to the east right-of-way line of S. E. 4th Street; THENCE North 00·02'09" East, along said east right-of-way line, 40.01 feet to the POINT OF BEGINNING; Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 13,430 square feet (0.308 acre), more or less. LAND DESCRIPTION PREPARED BY: SHAH, OROTOS & ASSOCIATES 3410 N Andrews Avenue Extension Pompano Beach, Florida 33064 Prepared by: MOR Checked by: MOR , Project No.: 02-0598A File Name: X:\cad\survey\0598AOO\Sketches\0598V ACA.SE1A VE June 1, 2005 SHEET 1 OF 2 SHEETS EXHIBIT "E" Conditions of Approval Project name: The Arches File number: ABAN 05-004 Reference: Street Abandonment I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. All existing City utilities (water, wastewater and stormwater conduits) must X be relocated or encased to continue their functional purpose in the area. 2. All other utility services within this corridor shall be relocated at the X applicant's expense. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 3. The abandonment of this 40-foot street right-of-way shall be so designated on X a new boundary record plat to reflect the same. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None X PRIVATE UTILITIES I Comments: I I I 4. Adelphia has no objection to the abandonment as long as Adelphia facilities X are granted the proper easements and any relocation of facilities are at the expense of the applicant. 5. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the City of Boynton Beach and FDOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal of FPL facilities, due to said abandonment, are to be paid by the applicant. 6. Florida Public Utilities Company has no objection to the abandonment X contingent upon the following conditions: a) All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. b) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 7. Bellsouth has no objection to the abandonment as long as Bellsouth facilities X are granted the proper easements and any relocation of facilities are at the expense of the applicant ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: I DEPARTMENTS I INCLUDE I REJECT I 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I I 1. To be determined. I S:\Planning\SHARED\ WP\PROJECTS\ARCHES\ABAN 05-004 (Street)\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro / Bonnie Miskel of Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request to abandon that portion of Southeast 1st Avenue located between Federal Highway and Southeast 4th Street. LOCATION OF PROPERTY: SW corner of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-004\DO.doc VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16,2005 August 1, 2005 (Noon) D October 18, 2005 October 3,2005 (Noon) [8J September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31, 2005 (Noon) .--- D Administrative D Development Plans i\ NATURE OF D Consent Agenda D New Business '.~..;. '" c..,,,:¡ -- .. AGENDA ITEM [8J Public Hearing [8J Legal - D D 7~--'~ . .~..,-\ Bids Unfmished Business ..... ,~ C~-: - "..-t.-. D Announcement D Presentation -, ~g:; .. D City Manager's Report N ("') ---~"> _J \~rì (; RECOMMENDATION: Please place this request on the September 6, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on August 30,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-162. EXPLANATION: PROJECT: Arches (Alley) (ABAN 05-005) AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast corner of the intersection of Ocean A venue and SE 4th Street DESCRIPTION: Request for abandonment of a portion of an alley (Southeast 1 sl Place), located immediately east of SE 4th street, in connection with the proposed Arches development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develop t epattment DIrector City Manager's Signature P~d~~ro, City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-005 AlIey\Agenda Item Request Arches (Alley) ABAN 05-005 9-6-05.dot S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC II I 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF THE TWENTY (20) FOOT 6 ALLEY (ALSO KNOWN AS SOUTHEAST 1ST PLACE) 7 LYING ADJACENT TO LOTS 6 THROUGH 9, 8 TOGETHER WITH THE SOUTH HALF OF SAID 9 ALLEY LYING NORTH OF LOT 10, ALL IN BLOCK 7, 10 AS SHOWN ON THE ORIGINAL TOWN OF 11 BOYNTON PLAT (ABAN 05-005), SUBJECT TO STAFF 12 COMMENTS; AUTHORIZING THE CITY MANAGER 13 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 14 RECORDED WITH THIS ORDINANCE IN THE 15 PUBLIC RECORDS OF PALM BEACH COUNTY, 16 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 17 18 19 WHEREAS, Bonnie Miskel, is requesting on behalf of Boynton Ventures I LLC, the 20 abandonment of a portion of the twenty (20) foot alley (also known as Southeast 15t Place) lying 21 adjacent to Lots 6 through 9, together with the south half of said alley lying north of Lot 10, all 22 in Block 7, original Town of Boynton Plat, subject to staff comments; and 23 24 WHEREAS, comments have been solicited from the appropriate City Departments, and 25 public hearings have been held before the City's Community Redevelopment Agency, and the 26 City Commission on the proposed abandonment; and 27 28 WHEREAS, staff has determined that the subject right-of-way would no longer serve a 29 public purpose; and 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 33 34 Section 1. The foregoing Whereas clauses are true and correct and incorporated 35 herein by this reference. 36 37 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 38 abandon a portion of the twenty (20) foot alley (also known as Southeast 15t Place) lying 39 adj acent to Lots 6 through 9, together with the south half of said alley lying north of Lot 10, all 40 in Block 7, original Town of Boynton Plat, subject to staff comments, and more particular! 41 described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." 42 43 Section 3. The City Manager is hereby authorized and directed to execute the 44 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 45 of Palm Beach County, Florida. 46 S:ICAIOrdinanceslAbandonmentslArches 20 foot alley.doc " I 1 Section 4. This Ordinance shall take effect immediately upon passage. 2 3 FIRST READING this _ day of ,2005. 4 5 SECOND, FINAL READING AND PASSAGE THIS _day of , 6 2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 S:ICAIOrdinanceslAbandonmentslArches 20 foot alley.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the twenty (20) foot alley (also known as Southeast 1st Place) lying adjacent to Lots 6 through 9, together with the south half of said alley lying north of Lot 10, all in Block 7, original Town of Boynton Plat, subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of September, 2005. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdínanceslAbandonmentslArches 20 foot alley.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05·162 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 18,2005 SUBJECT: Abandonment of a portion of the 20-foot alley (also known as SE 1st Place) lying adjacent to Lots 6 - 9, together with the south half of said alley lying north of Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON Plat. (ABAN 05-005) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon a portion of the 20-footwide alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on June 22, 2005. This abandonment is for the following platted alley s.egment: A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 - 9, together with the south half of said alley lying north of Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Property assembled as part of the Arches development, farther north is right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Property assembled as part of the Arches development, farther south is right-of-way for Southeast 1st Avenue and farther south is additional property assembled as part of the Arches development; East - Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West - Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. Page 2 Memorandum No. PZ 05-162 ABAN 05-005 BACKGROUND In July of 1898, the Plat of Original Town of Boynton subdivision was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public. The historical configuration of Block 7 of the Original Town of Boynton subdivision provided the lots with frontage on E. Ocean Avenue and SE 1st Avenue. A twenty (20) foot wide alley dissects Block 7, extending east to west, as depicted in Exhibit "C". In June of 2003, Boynton Ventures 1 LLC received abandonment approval for those portions of the 20-foot wide alley directly abutting the properties under their ownership. Since that time, the applicant has placed under contract to purchase, the remaining parcels abutting the alley, and has modified the development plan to include these parcels and the remaining portion of the alley. The applicant has the intention of vacating the 20-foot alley to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "D"- ARCHES Site Plan). As indicated on the survey, the segment of the alley to be vacated measures approximately 1 00 linear feet, running east from SE 4th Street (for the full 20 foot in width) and then the south half (10 feet) continues for an additional 50 feet to the east. All existing infrastructure within the alley will be relocated at the applicant's expense, within existing easements or easements to be provided. A twelve (12) foot wide utility easement will be dedicated to BellSouth for their underground conduit, which is slated to remain in place. ANAL YSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. All utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and City staff is as follows: CITY DEPARTMENTSIDIVISIONS Engineeringl Public Worksl Utilities - No objection wi conditions (see Exhibit "E") Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection wi conditions (see Exhibit "E") Bell South - No objection wi conditions (see Exhibit "E") Florida Public Utilities Company - No objection wi conditions (see Exhibit "E") Cable Company (Adelphia) - No objection wi conditions (see Exhibit "E") Cable Company (Comcast) - NIA RECOMMENDATION Staff has determined that the subject right-of-way would no longer serve a public purpose under the proposed Arches development plan for which it was intended, and therefore is recommending approval of the request to abandon the remaining portion of the 20-foot wide alley as described above, subject to the comments included in Exhibit "E" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S:\planningISHAREDlWPIPROJECTSlArchesIABAN 05-0051staff report.doc . A . ": ,~ -, , . ! ! - , - 11 'f ,I I ? . t £. d I ~"~".'1 I' P"", . ' I ~. I i r .(~, i '." I L I., "C·· 2 l MIBD Lt" -'< iX g ;,. ,', . - ". '~.'. . -. ,:} 'J'to/.)-~_, "<--,..;-......;;-, i . l i '" .;;, E Oceån'Ave .' ~, " .--.-- f:¿ o. /' i t ~ 'E'2d Ave r . ::; rl . ¡ 2; ", , '-."", '" ....-. rj~rÄ ;.... .' .-~<J>! '~1:;ì~ .. i f'~'-' ~"¡; .! "",;-; ,.. R-3 , J. r . '-', ~. l ¡; ~~ Ii' 1~ ' . :'\ i - - EXHIBIT B iii ~ . N . . iii iii !ï j i § I I -I .. "1Ii iii J ~ I:! ......... ~ I I~ LL. - J § . i!' 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EXHIBIT C ~ ~~ .. ~'"' . o b\l ~~!~i " o }~M o "'h~" ~ ~ '"-t~, ~ ;::- I \.)~~,,~ . ~ , - ~ ~ ~ I I I _~ J _ _ _ _ _ _ _ _ - - - - ~ 1- ¡ II _ _ .LS ~ Z¥ IT7.. _ I .. ~... ~ ~... ~ t I Q 'II '{I ... ~ '" ~ ~ ~ '< I/) ~ It¡ ~ ., l! .., !! I . ,. ~ , >!<J' > ~ "I ~. " ::; I.-. U¡ ):.. \J II--. !! If) '" ~,,!: lr}" ~ d a ..~~ I If) -. 'I ~ It " \I "" I K: G .i I 'I: . ~ ~ ~~~ .. '" ... ~ 'II ~ C1 ~t;'~ -<.s adirW7Vcr' I ~ ~ ;~ :J 8 8' §, > I ~ ~...., 7/,¡,v ~ "~I ' '" -",$"<>,,' ~ : : I J ~~ Ii "¡ !:!....::: .....0'/'*"07....;0' t )1 't ::: Þ¡ ~ 1'1 ~ \ ... ~ ~.. '"I ... .. , .. I ',: : ~m ~~~EJ§ I I~ I ; -<.£' ~ N7Vd ~ I I '''§1§" Q,§§" ~' ~ ~' ~ ~~ .... \,¡ ". lot (j... ~ '4 Q ~!I , ().., C1 "'I .. '!) ,. ... t ., ! , I ; LtJI ,,3:JmY7; Áæ.7~JC7 Pd' : ~ : : I 1 'D' ~ IQ ~ .. '- 'I ~ .. ~ .. ~ "- ~ .. !i! I l.s ~ ~ ~ :.. If) I) ~ .. '..I _ :..1; - - - _.L~ - - - - - :!NI~ - - - 2.; o{', . . r;¡, ;;- f' ~~'¡ 1 ~'.~I "J ! - I. ,"¡,! '.-<:" ;', !.~!: '1 It;, ;:~ !!o; ;~f- Ai:I; ~ ..:, >, ~ I Al ,;1;..... ..;~.... ~~.~.." .. 1.;> ~, ~ ,'r, , (f UI'hl":"" .~. '. ~ !..) ¡ h It' . f"¡ ~ #"/.,l: ;~h-¿, .'~J "ff .P .~ ,r; ~~, h '0" \} ¡II d.: , I~~; .,,{:{~ J):J'-.:¡ ·'.1 I' ,> ' , "'..) .. (.4 .1- '" '" ... ...;. > ilk ,.:, ~ , , ~"'.I ~k I j,:,'~4~ .. 1 ~, i~¡ ~j~ 1~~1 . fol~;' -¿-r ;.~:~ ;r 1 E~~ ;¡i };¡~ " J, ~ i ~ 1 J.~!~!n :~;< ,¡~ ~~, ,': ~" ¡It) II l"'¡' ~~~ :~~: Pi". ,)ðq 'il}, ~;;-t!.if "';~~' i'~~ d ; .,i'fJ 1, ,I'; ,D~.M--., f..f-l';-jj ~...!"~ ~~:~'~"'''' \"I.~,~ .~.'^ ,J1 ,. J!.s ~ Io.'~ 1-').IQ . . ."".... A.\ . ".r ... ~ J, p ..,! ~ .~- , t· ~!) t 'fJ ;JiI t ;} ;~~ h~H T~'~'l' !i~~;~: 'o-j . ,§ ,'r. ~¡,. (, ~¡ lri'ì¡\o . :;;1 t;ü >-;i @,. ~[' 1\ '\>l\: . ~ ,1'<\ · ¡' .:' : ¡ ~ ~ II; ¡ " r ! -d~ t s.-r.. d ~ 1...,~~, t- ~ tl~2 · EXHIBIT D '. SKETCH OF DESCRIPTION PORTION OF 20' ALLEY IN BLOCK 7 TO BE VACATED ORIGINAL TOWN OF BOYNTON (PB 1, PG 23, PBCR) íCENT£RUNE_ S.£. 4th STR££T _ NOO.02'09-E_ ~E RIGHT~OF- NWo.?'Og"£ WEST LINE ~ WAY UNE 20. 00" WEST LINE LOT 8\ ~ . LOT 7 \ - - - - - / POINT OF- - --, BEGINNING I SW CORNER , LOT 7, BLK 7 I ro ~ I ----- ------~ I , ).:' I ~ I ø "' I I ~ - - - - - - ~ - - - - ~ I ~ 'I g S'LY EXTENSION I I r:::i E UNE-LOT 6 ~ It) I SOO'02'09"W ! I ~ ~ k.i , 10. 00, I.[) '; ~ o ~i· I U ,- ~~¡ ORIGI~~AL TOWN OF BOYNTON i a ~ ~~! PLAT BOOK i, PAGE 23 i! ''II - - - - - - (t) ~ - - --SURVEY 1'roTES: --.J I ! I 1. THIS IS NOT A BOUNDARY I SURVEY. I 2. BEARINGS SHOWN HEREONI AR~ SW02'og' I æ I ASSUMED AND ARE RElATIVE TO tTHE ,- 10.00 /' z <..> WEST RIGHT OF WAY UNE 0F1 FEbERAL ,- >- ~ æ I '<!- HIGHWAY. SAID UNE BEARS splJ11'! w r- 00'02'09- WEST . B L 0 C K I ~ ~ IQ 7 3. LANDS SHOWN HEREON WERE' NOT I I en", I ABSTRACTED BY Stwi, DROT~S " ::, W c I ASSOCIATES FOR RIGHTS-OF-WAr, I - - - - - : Q."¡;-- - - ~IP, OTHER 1r ß ~ -I ~ INSTRUMENTS OF RECOR~ I ' ~ I¡::: I ",1 . I '" <'41 e:: ffi ~ §! FO iTHE ARM, BY: I I ''< 0 H-' 10 <'4 ,- ì!t: Q. :.t ..../ Æ) , I ~ <..> ~ t... ~~k n $'41~' o~ . ~ I ~ I -¡ Ø) MIC L D. ROSE I! ~~ '.:: !' I ~ PROFESSIONAL SU~~~ AND MAPP~ - - - - - ~ - - ---FL0BlDA BEGlSTRAIJO . 3998 Iii ! UNlESS IT BEARS THE SIGNATURE AND ITHE ORIGI RAISED SEAL OF A FLORIDA UCENSED SUR\lEYOR AND PER THIS A.¥) I III i l t.tAP IS FOR INFORMATIONAl PURPO$ES¡ ONLY AND IS NOT VALID PROJECT NO: 02-0598A.uu - "I AlE NAME: X:\CAD\SUR\'E'ÑI598AOO\SKETCHES\059 'ACA I SHEET 2 or:; 2 SHEETS c.. I 1:\ A SHAll I ENGINEERING a.;JLAC1 D ROTa S SURVEYING & ASSOCIATES PI-"NNING CERTIF"ICATE OF" AUTHORIZATION NO. LB 6456 SKETCH OF DESCRIPTION MDR 08/01/05 MDR 3410 N. Andrews Avenue [xt. Pompano Beach. rL 33064 REVISIONS DWN DATE FB/PG CHKD PH: 954-943-9433 . rAX: 954-783-4784 ,. EXHIBIT 0 , . LAND DESCRIPTION PORTION OF 20 FOOT WIDE ALLEY (S. E. 1 st PLACE) TO BE VACATED A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 through 9, together with the south half of said alley lying north of and adjacent to Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the southwest comer of said Lot 7; THENCE South 88·59'27" East along the south line of Lots 7 and 6, a distance of 100.00 feet to the southeast comer of said Lot 6; THENCE South 00·02'09" West along the southerly extension of the east line of said Lot 6, a distance of 10.00 feet to the centerline of said 20.00 foot wide alley; THENCE South 88·59'27" East, along said centerline, 50.00 feet to an intersection with the northerly extension of the east line of said Lot 10; THENCE South 00·02'09" West, along said northerly extension, 10.00 feet to the north line of said Lot 10; THENCE North 88·59'27" West, along the north line of said Lots 10, 9 and 8, a distance of 150.00 feet to the east right-of-way line of Southeast 4th Street; THENCE North 00·02'09" West, along said east right-of-way line, 20.00 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2500 square feet (0.057 acre), more or less. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES 3410 N Andrews A venue Extension Pompano Beach, Florida 33064 Prepared by: MDR Checked by: MDR Project No.: 02-0598A File Name: X:\cad\survey\0598AOO\Sketches\0598V ACA. WEST. WPD June 1, 2005 SHEET 1 OF 2 SHEETS EXHIBIT "E" Conditions of Approval Project name: The Arches File number: ABAN 05-005 Reference: Allev Abandonment I DEPARTMENTS ¡INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. All existing City utilities (water, wastewater and storm water conduits) must X be relocated to continue their functional purpose in the area. 2. All other utility services within this corridor shall be relocated at the X applicant's expense. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 3. The abandonment of this 20-foot alley right-of-way shall be so designated on X a new boundary record plat to reflect the same. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: I I I 4. Adelphia has no objection to the abandonment as long as Adelphia facilities X are granted the proper easements and any relocation of facilities are at the expense of the applicant. 5. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (l0) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the City of Boynton Beach and FDOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal ofFPL facilities, due to said abandonment, are to be paid by the applicant. 6. Florida Public Utilities Company has no objection to the abandonment X contingent upon the following conditions: a) All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. b) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 7. Bellsouth provisionally agree to Statement of No Objection to the proposed x abandonment subject but not limited to the following conditions: a) A utility easement will be provided to support Bellsouth' s main conduit system that is underground through the existing alley. b) Relocation costs to rearrange existing telecommunication lines in the vicinity of the project. c) Bellsouth will require conduit structure for future cable I DEPARTMENTS I INCLUDE I REJECT I placements under an area of the proposed project where construction of conduit would not be practical after completion of the Arches project. d) Vehicular access to the area where the existing Bellsouth manhole is located twenty-four hours/seven days a week. This access must have a width of not less than fifteen (15) feet. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None x ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I I 1. To be determined. I S:\Planning\SHAREDlWP\PROJECTS\ARCHES\ABAN 05-005 (Alley)\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro I Bonnie Miskel of Ruden McClosky AGENT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request to abandon that portion of an alley (Southeast 1st Place), located immediately east of Southeast 4th Street. LOCATION OF PROPERTY: SW corner of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-005 Alley\DO.doc VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16, 2005 August 1, 2005 (Noon) D October 18, 2005 October 3,2005 (Noon) IZI September 6, 2005 August 15,2005 (Noon) D November 1, 2005 October 17,2005 (Noon) . ,.' ~ . ..-- D September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 31, 2005 (Noog2, - , <:. -) ., (.....:; '.,43 D Administrative D Development Plans .-- D D _.h_ NATURE OF Consent Agenda New Business _.-~ ~_._.,. AGENDA ITEM IZI Public Hearing IZI Legal - - - "';·;m ., D Bids D UnfInished Business f'V -ITI cJþ D D -..¡ (':1('"') Announcement Presentation .- D City Manager's Report RECOMMENDATION: Please place this request on the September 6, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved, by a vote of 4 to 3, on August 30,2005. It should be noted that this recommendation excludes the Federal Highway portion of the original request, based on the applicant's withdrawal of this aspect of the application. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-164. EXPLANATION: PROJECT: Arches (Sidewalk) (ABAN 05-006) AGENT: Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky OWNER: Boynton Ventures I, LLC LOCATION: Southeast corner of the intersection of Ocean Avenue and SE 4th Street DESCRIPTION: Request for abandonment of a portion of rights-of-way that abut the Arches at Boynton Beach along SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develo ent De artment Director City Manager's Signature ¡,J (~*' City Attorney / Finance / Human Resources Planning and Zonirfi . ector S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-006 Sidewalk\Agenda Item Request Arches (Sidewalk) ABAN 05-006 9-6-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF PORTIONS OF SOUTHEAST 2ND A VENUE, OCEAN 6 A VENUE, SOUTH FEDERAL HIGHWAY AND 7 SOUTHEAST 4TH STREET RIGHTS-OF-WAYS 8 ABUTTING THE ARCHES OF BOYNTON BEACH 9 DEVELOPMENT THAT ARE IMPROVED WITH 10 SIDEWALKS (ABAN 05-006), SUBJECT TO ST AFF 11 COMMENTS; AUTHORIZING THE CITY MANAGER 12 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 13 RECORDED WITH THIS ORDINANCE IN THE 14 PUBLIC RECORDS OF PALM BEACH COUNTY, 15 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 16 17 18 WHEREAS, Bonnie Miskel, is requesting on behalf of Boynton Ventures 1 LLC, to 19 abandon the sidewalk portions of the Southeast 2nd Avenue, Ocean Avenue, South Federal 20 Highway and Southeast 4th Street rights-of-ways abutting the Arches of Boynton Beach 21 development, subject to staff comments; and 22 23 WHEREAS, comments have been solicited from the appropriate City Departments, and 24 public hearings have been held before the City's Community Redevelopment Agency, and the 25 City Commission on the proposed abandonment; and 26 27 WHEREAS, staff has detennined that the subject right-of-way would no longer serve a 28 public purpose; and 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 32 33 Section 1. The foregoing Whereas clauses are true and correct and incorporated 34 herein by this reference. 35 36 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 abandon the sidewalk portions of the Southeast 2nd Avenue, Ocean Avenue, South Federal 38 Highway and Southeast 4th Street rights-of-ways abutting the Arches of Boynton Beach 39 development, subject to staff comments, and more particularly described in the attached Exhibit 40 "A." A location map is attached hereto as Exhibit "B." 41 42 Section 3. The City Manager is hereby authorized and directed to execute the 43 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 44 of Palm Beach County, Florida. 45 46 Section 4. This Ordinance shall take effect immediately upon passage. S :ICA lOrd; nanceslAbandonmentslArches sidewalks ,doc " I 1 2 FIRST READING this _ day of ,2005. 3 4 SECOND, FINAL READING AND PASSAGE THIS _day of , 5 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 S:ICA IOrdinanceslAbandonmentslArches sidewalks.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon abandon the sidewalk portions of the Southeast 2nd Avenue, Ocean Avenue, South Federal Highway and Southeast 4th Street rights-of-ways abutting the Arches of Boynton Beach development, subject to staff comments and more particularly described in the attached Exhibit "A", IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of September, 2005. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S :ICA IOrdinanceslAbandonmentslArches sidewalks.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-164 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese t:IêTJ Principal Planner DATE: August22,2005 SUBJECT: Abandonment of portions of the following rights-of-ways abutting the Arches of Boynton Beach development that are improved with sidewalks. SE 2nd Avenue, Ocean Avenue, South Federal Highway and SE 4th Street. (ABAN 05-006) NATURE OF REQUEST The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon the sidewalk portions of the following rights-of-ways abutting the Arches of Boynton Beach development: SE 2nd Avenue, Ocean Avenue, South Federal Highway and SE 4th Street. This request to abandon was submitted on June 22, 2005. The location map attached as Exhibit "A" shows the general vicinity of the rights-of-way (sidewalks) to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the sidewalks to be abandoned and their legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Right-of-way for Southeast 2nd Avenue and farther south are developed properties zoned Community Commercial (C-3); East - Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West - Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. BACKGROUND In July of 1898, the Plat of Original Town of Boynton subdivision was approved, depicting streets and alleys to be dedicated for the perpetual use by the public. Public sidewalks were designed into the right-of-way of these platted streets. In June of 2003, Boynton Ventures 1 LLC received site plan approval for Arches project. The original plans did not propose the abandonment of any sidewalks. Since that time, the applicant has gained control over all of the properties bounded by the four streets mentioned above, made application for abandonment of the remaining portion of an alley (ABAN 05-005, which is under consideration along with this request), made application for abandonment of SE 1 st Avenue (ABAN 05-004, which is also under consideration along with this request) and Page 2 Memorandum No. PZ 05-164 ABAN 05-006 submitted for a Major Site Plan Modification (MSPM 05-008) incorporating these and other changes to the approved site plan (see Exhibit "D"- ARCHES Site Plan). According to the applicant, "The requested vacation of the sidewalks will allow the redevelopment effort to include widening of the pedestrian amenities with plazas, covered arcades and expanded pedestrianways. These pedestrian-oriented facilities could not otherwise be improved within the public right-of-way". The applicant goes on to say, "The requested vacation will not prevent other property owners from access to and from their property, will not restrict pedestrian access along the subject roadways, and will not adversely impact other properties". ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. All utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and City staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering/ Public Works/ Utilities - Recommendation to Denv Planning and Zoning - Recommendation to Denv Engineering states that, "Attempting to create any partial roadway abandonment such as these would set an extremely bad precedent for the City, and be difficult to justify." Planning and Zoning is additionally concerned over the requested abandonment setting precedent. One of the reasons for requesting the abandonment, as verbally communicated by the applicant's agent, is to increase the size of the parcel in order to accommodate additional dwelling units on the site. Staff believes as many as 20 additional dwelling units could be constructed as the result of these sidewalk abandonments. The applicant has submitted a site plan depicting 378 units, which would be reduced to approximately 358 dwelling units if the sidewalk abandonments are not approved. Planning and Zoning staff disagrees with the applicant's assertion that the abandonment of the sidewalks facilitate the "widening ofthe pedestrian amenities with plazas, covered arcades and expanded pedestrianways". Staff, as a condition of approval in the Major Site Plan Modification being processed with these abandonments, required that sidewalks, plazas and pavered spaces be Hollandstone pavers, of a red / charcoal color mix by Paver Systems Inc. or equal, laid in a 45 degree herringbone pattern to continue the design elements in place in the City streetscape. By utilizing these pavers, the public area flows into the private area seamlessly, providing the appearance of "wide pedestrian amenities", alleviating a need for the sidewalk abandonments. Additionally, staff has taken into consideration, in its review and recommendation of abandonment requests, whether the right-of-way (street, alley, sidewalk, etc.) continues to selVe the public purpose for which it was originally intended. Staff finds that public sidewalks at the periphery of a project and along three (3) City streets does selVe a public purpose. Staff has conveyed our viewpoint in this matter to the applicant's agent, who has indicated that they would be willing to grant the City an easement back for sidewalk purposes. The simple fact that the applicant would grant the City an easement for sidewalk purposes underscores staffs position that the right-of- way for the sidewalk is necessary and continues to selVe a public purpose. Since public rights-of-way can be improved by a developer through an agreement with the City in lieu of the abandonment process, it would appear as though the underlying purpose for the sidewalk abandonment requests is to increase the number of developable residential units on the property. Again, this could set a precedent for future projects to maximize the number of buildable units through the use of property dedicated for public purposes. Page 3 Memorandum No. PZ 05-164 ABAN 05-006 PUBLIC UTILITY COMPANIES Florida Power and Light - No objection wi conditions (see Exhibit "E") BellSouth - No objection wi conditions (see Exhibit "E") Florida Public Utilities Company - No objection wi conditions (see Exhibit "E") Cable Company (Adelphia) - No objection wi conditions (see Exhibit "E") Cable Company (Comcast) - NIA RECOMMENDATION Staff has determined that the subject rights-of-ways continue to serve the public purpose for which they were intended, and therefore is recommending denial of the request to abandon the sidewalk portion of the streets described above. Should the Community Redevelopment Agency Board support, and the Commission approve the request, any conditions associated therewith will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S:IPlanningISHAREDlWPIPROJECTSlArchesIABAN 05-006\staff report.doc ¡ . - . . ":'~¡ .... .. , I -»' "'1' ¡ ", ! I I : I I ' - · L, "I' " C ! "i ! 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I I I 1"1 I fV" r r I I t I I I I I II! ur ~ IIJllr i I I I )111' '·1 -. i I I @II a ~ ¡ ~IIIII ~ I I II I I u. Rd . ill1fill . I I ip'1 N.~~ I I I 0 ;I¡ I I ~ 1'1 ~ II!! ~~I . !¡ I, II. I~!· j ~ :.. THE ARCHES AT BOYNTON BEACH R IIII ~ SHAH I- I . . , .. SKETCH OF DESCRIPTION '\ J!I I DROTOS -- ,. .! . I It ASSOCIATES - ! .... ORIGINAL TOWN OF BOYNTON I( ~ I __ mill. 110. .... __ uc. 110. LI 14M SECIION 21. ~ 45 SOUTH. _ 43 fAST ",. lI.~bI. ',:::~n. ~ r . EXHIBIT 0 . LAND DESCRIPTION RIGHT OF WAY VACATION ARCHES AT BOYNTON BEACH PORTIONS OF SOUTHEAST 4TH STREET, SOUTHEAST 2ND A VENUE, OCEAN A VENUE AND FEDERAL HIGHWAY (U.S. HIGHWAY NO.1, STATE ROAD NO.5, LYING ADJACENT TO BLOCKS 7 AND 12, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BLOCK 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 18 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE SOUTH 00·02'09" WEST ALONG THE WEST LINE OF SAID BLOCK 12, A DISTANCE OF 312.55 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 69·00'03" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 16.19 FEET, A CENTRAL ANGLE OF 49·54'09", AN ARC DISTANCE OF 14.10 FEET; THENCE SOUTH 88·31'35" EAST, 313.23 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00·45'40" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 90·43'31", AN ARC DISTANCE OF 38.00 FEET; THENCE NORTH 00·02'09" EAST, 553.77 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89·57'51" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THEARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 55·41'02", AN ARC DISTANCE OF 23.33 FEET; THENCE NORTH 88·59'27" WEST, 336.83 FEET; THENCE SOUTH 00·02'09': WEST, 8.63 FEET; THENCE SOUTH 88·59'27" EAST, 340.01 FEET; THENCE SOUTH 00·02'09" WEST, 551.90 FEET TO THE BEGINNING OF A TANGENT CURVE SHEET 1 OF 3 SHEETS . EXHIBIT D . CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90·58'24", AN ARC DISTANCE OF 39.69 FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 12 AND THE POINT OF TANGENCY; THENCE NORTH 88·59'27" WEST ALONG SAID SOUTH LINE, 309.58; THENCE NORTH 00·02'09" EAST, 312.55 FEET TO THE SOUTH LINE OF SAID BLOCK 7; THENCE NORTH 88·59'27" WEST ALONG SAID SOUTH LINE, 5.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING 12,389 SQUARE FEET (0.284 ACRE), MORE OR LESS. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES, P.A. 3410 NORTH ANDREWS AVENUE EXTENSION POMPANO BEACH, FLORIDA 33064 PREPARED BY: MDR CHECKED BY: .MDR' PROJECT NO.: 0598 BOO FILE NAME: X:\CAD\SRUVE0598AOO\RIGHT OF WAY VACATION June 8, 2005 SHEET 2 OF 3 SHEETS EXHIBIT "E" Conditions of Approval Project name: The Arches File number: ABAN 05-006 Reference: Sidewalk Abandonments I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. All existing City utilities (water, wastewater and stonnwater conduits) must X be relocated or encased to continue their functional purpose in the area. 2. All other utility services within this corridor shall be relocated at the X applicant's expense. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 3. The abandonment of the sidewalk segments within the right-of-ways shall be X so designated on a new boundary record plat to reflect the same. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 4. Should the City Commission approve the abandonment request, the applicant X would need to provide executed easements, satisfactory to the City Attorney, prior to issuance of the first permit. I PRIV A TE UTILITIES I I I I Comments: I I I 5. Adelphia has no objection to the abandonment as long as Adelphia facilities X are granted the proper easements and any relocation of facilities are at the expense of the applicant. 6. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the City of Boynton Beach and FDOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal of FPL facilities, due to said abandonment, are to be paid by the applicant. 7. Florida Public Utilities Company has no objection to the abandonment X contingent upon the following conditions: a) All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. b) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 8. Bellsouth has no objection to the abandonment as long as Bellsouth facilities X are granted the proper easements and any relocation of facilities are at the expense of the applicant ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD I DEPARTMENTS I INCLUDE I REJECT I CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHARED\ WP\PROJECTS\ARCHES\ABAN 05-006 (Sidewalks )\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches APPLICANT'S AGENT: Kim Glas-Castro / Bonnie Miskel of Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Drive Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6,2005 TYPE OF RELIEF SOUGHT: Request for abandonment of that portion of the right-of-way for SE 2nd Avenue, SE 4th Street, Ocean Avenue and Federal Highway that abuts the proposed Arches at Boynton Beach, and are improved with public sidewalks. LOCATION OF PROPERTY: SW corner of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J :\SH RDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-200 1-Revised.doc XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) [8J September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17,2005 (Noon) D September 20, 2005 September 6,2005 (Noon) D November 15,2005 October 31, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [8J Legal - 2nd Reading D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Second Reading - staff recommends the City Commission approve proposed Ord. # _ to establish a Veteran's Advisory Commission. EXPLANATION: The ordinance creates a Veteran's Advisory Commission as an advisory board to the City Commission. The components of the ordinance include the following: Purpose: The purpose of the Veteran's Advisory Commission of the City of Boynton Beach is to provide the City Commission with advice and recommendations regarding matters related to veteran commemorative activities, and to facilitate awareness and education amongst veterans within the City of Boynton Beach. Members: The Veteran's Advisory Commission shall consist ofa total of seven (7) regular members, four (4) alternate members, and five (5) honorary/ex-officio members. All members serving on the Veterans Advisory Commission must have served in a branch of the armed forces of the United States and, ifno longer active, be honorably discharged there fÌ'om. A minimum of six (6) regular members of the Veterans Advisory Commission must be a member of a local chapter of one of the following organizations: · American Legion · Veterans of Foreign Wars · Disabled American Veterans · Korean War Veterans · Vietnam War Veterans · Submarine War Veterans · Jewish War Veterans · Catholic War Veterans · Women's Army Corps Veterans · Maritime War Veterans A maximum of one (1) of the appointed Board Members may be a member of a national veteran's organization with a charter that provides for service and assistance to veterans of the United States. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Responsibilities: Act as an Advisory Board to the City Commission on the following: · The planning, implementation and promotion of City sponsored events and activities associated with Veterans Day, the Fourth of July, Memorial Day and Four Chaplains Day. · The funding resources available including private sources, grant funds, or any other financial resource available to facilitate City sponsored activities related to Veterans · The budgeting of specific programs or events related to veterans or of interest to veterans. PROGRAM IMP ACT: This is a new program that requires allocation of staff time and city resources that are yet to be determined. FISCAL IMP ACT: There are no budgeted costs identified at this time. ALTERN~Sh a Veterans Advisory Comm;ssion. L~ - Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II I 1 ORDINANCE NO. 05- 04 7 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING PART II, CHAPTER TWO 5 ENTITLED "ADMINISTRATION," OF THE CITY OF 6 BOYNTON BEACH CODE OF ORDINANCES TO 71 CREATE ARTICLE XII ENTITLED "VETERANS 81 ADVISORY COMMISSION"; PROVIDING FOR THE 9 CREATION OF THE VETERANS ADVISORY 10 COMMISSION; PROVIDING FOR PURPOSE AND 11 DUTIES OF THE VETERANS ADVISORY 12 COMMISSION; PROVIDING FOR ORGANIZATION; 13 PROVIDING FOR OFFICES OF CHAIR AND VICE 14 CHAIR, BOARD MEMBERSHIP, ALTERNATE BOARD 15 MEMBERSHIP AND HONORARY MEMBERSHIP; 16 PROVIDING FOR MEETINGS; PROVIDING FOR 17 ENACTMENT AND VOTING PROCEDURES; 18 PROVIDING FOR CLARIFICATION OF POWERS 19 DELEGATED; PROVIDING FOR CONFLICTS, 20 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 21 DATE. 22 23 WHEREAS, the City Commission of the City of Boynton Beach, upon 24 recommendation of staff, does deem it appropriate and in the best interests of the citizens and 25 residents of the City of Boynton Beach to amend the Code of Ordinances, Part II, Chapter 2, 26 to provide for a Veterans Advisory Commission for military veterans; and 27 WHEREAS, the City Commission of the City of Boynton Beach desires to create the 28 Veterans Advisory Commission in order to provide the City Commission with advice and 29 recommendations regarding matters pertaining to the affairs of Veterans living within the City 30 of Boynton Beach; and, 31 WHEREAS, Part II, Chapter 2, Section 2-16 authorizes the creation of commissions 32 within the City of Boynton Beach. 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 1 II I 1 2 Section 1. The foregoing whereas clauses are true and correct and are now ratified 3 and confinned by the City Commission. 4 Section 2. That Part I, Chapter 2, of the Boynton Beach Code of Ordinances is 5 hereby amended by creating Article XII, entitled "Veterans Advisory Commission" to read as 6 follows: 7 ARTICLE XII: VETERANS ADVISORY COMMISSION 8 Sec. 2-160 Creation of Commission 9 The City Commission. in accordance with the powers vested in it. hereby 10 creates and establishes the Boynton Beach Veterans Advisory Commission. hereinafter 11 referred to as the "Veterans Advisory Commission." 12 Sec. 2-161 Purpose and Duties 13 (a) Purpose. The purpose of the Veterans Advisory Commission is to advise the 14 City Commission on matters related to veteran commemorative activities. and to 15 facilitate awareness and education amongst veterans within the City of Bovnton Beach. 16 (b) Duties. It shall be the duty of the Veterans Advisory Commission to act solely 17 as an advisory board to the City Commission. providing recommendations and 18 guidelines pertaining to: 19 1. the planning. implementation and promotion of City sponsored events 20 and activities associated with Veterans Day. the Fourth of July. Memorial Day. and 21 Four Chaplains Day: 22 11. the funding resources available including private sources. grant funds. or 23 any other financial resource available to facilitate City sponsored activities related to 24 Veterans: and 25 111. the budgeting of specific programs or events related to veterans or of 26 interest to veterans 27 Sec. 2-162 Oreanization 28 The Veterans Advisory Commission shall consist of a total of seven (7) regular 29 members. four (4) alternate members. and five (5) honorary/ex-officio members. 30 Whenever possible. preference shall be given to residents of the City of Bovnton Beach 31 for appointment to membership on the Veterans Advisory Commission 2 I' I 1 Sec. 2-163 Board Appointment and Membership 2 (a) Board members shall be nominated by the veterans organizations listed herein, 3 and then aµpointed by the City Commission to either a position as a regular or alternate 4 member. The veterans organizations listed herein may nominate more than one 5 individual from their organization to serve on the Veterans Advisory Commission. The 6 City Commission may appoint more than one individual from anyone of the veterans 7 organizations listed herein. Prior to appointment, all members must submit an 8 application for appointment to the City Commission pursuant to the requirements ofthe 9 City's Code of Ordinances, as may be amended from time to time. 10 (b) Qualification for appointment. In order to qualify for appointment to 11 membership on the Veterans Advisory Commission, members must meet the following 12 qualifications: 13 (i) Military Service. All members serving on the Veterans Advisory 14 Commission must have served in a branch of the anned forces of the United 15 States and, if no longer active, be honorably discharged therefrom. 16 (ii) Organization Membership. A minimum of six (6) regular members of 17 the Veterans Advisory Commission must be a member of a local chapter of one 18 of the following organizations: 19 (1) American Legion: 20 (2) Veterans of Foreign Wars: 21 (3) Disabled American Veterans: 22 (4) Korean War Veterans: 23 (5) Vietnam War Veterans: 24 (6) Submarine War Veterans: 25 (7) Jewish War Veterans: 26 (8) Catholic War Veterans: 27 (9) Women's Army Corps Veterans: and 28 (10). Maritime War Veterans. 29 (iii) Nationwide Organization Membership. If the individual nominated is 30 not a member of the organizations listed above, a maximum of one ( I) of the 31 appointed Board Members may, in the alternative, be a member of a national 3 II 1 veterans organization. However, this national veterans organization must have 211 a charter that provides for service and assistance to veterans of the United 3 States. 4 (iv) Residency. A minimum of six (6) regular members must reside in the 5 City of Boynton Beach. A maximum of one (1) regular members may live 6 outside the City of Boynton Beach, so long as they are active in one of the local 7 chapters of the organizations listed above and are residents of Palm Beach 8 County. 9 (c) Staggered Terms for Board Membership. The initial regular members appointed 10 will serve as follows: three (3) members shall be for a term of three (3) years, two (2) 11 members shall be for a term of two (2) years, and two (2) members shall be for a term 12 of one (1) year. Their successors shall be appointed for a term of three (3) years. 13 (d) Reappointment, Removal, Vacancy. All members may be reappointed, without 14 limitation as to the number of terms served. Members may, at the discretion of the City I 15 Commission, be removed for cause, or for missing more than four (4) meetings per 16 year. Members that have been removed may not be reapµointed for a µeriod of 36 17 months. If there is a vacancy in the membership, the City Commission shall appoint a 18 new member to fill the vacancy. 19 (e) Privileges, Duties and Responsibilities. 20 (i) Privileges. Members will have voting privileges as set forth herein. 21 Members shall create and implement rules, policies and procedures necessary to 22 carry out the Veterans Advisory Commission's purpose, in conformance with 23 the provisions of the City's Code of Ordinances and State Law. I 24 (ii) The regular members shall vote to appoint a Chair, who shall preside' 25 over the meetings of the Veterans Advisory Commission, and also vote to 26 appoint a Vice-Chair who shall serve in the absence of the Chair. 27 ,(iii) Attendance. Members shall maintain regular attendance to the meetings 28 as required by the City's Code of Ordinances. 29 (f) Alternate Members. Pursuant the City of Boynton Beach Code of Ordinances, 30 the City Commission shall appoint four alternate members. Alternate members will 31 serve to fill a vacancy or removal in the Veterans Advisory Commission. Alternate 4 II I 1 members shall be appointed in the same manner as regular members, and shall meet the 2 qualifications set forth for regular members. When serving in their capacity as a 3 alternate member, alternate members shall have the same privileges, duties and 4 responsibilities as a regular member, with the exception that no alternate member may 5 serve in a capacity as Chair or Vice-Chair, or hold any other office on the Veterans 6 Advisory Commission, nor may any alternate member be moved to a regular member 7 unless appointed by the City Commission pursuant to the procedure set forth herein. 8 The alternate member's term of membership shall run only through the term of the 9 vacancy they have filled. 10 (g) Honorary Members. 11 (i.) Appointment. The Veterans Advisory Commission may nominate five (5) 12 individuals to serve as Honorary Members of the Veterans Advisory 13 Commission, with preference given to individuals that are members to the 14 following organizations: 15 1. Gold Star Mothers & Fathers; 16 2. Current members of the Armed Forces; 17 3. Military Order ofthe Purple Heart; 18 4. Ladies Auxiliaries; and 19 5. Former prisoners of War. 20 The Veterans Advisory Commission shall forward the names of the five (5) 21 individuals who are nominated to the position of Honorary Members to the City 22 Commission who shall then confirm the nominations by a maiority vote of the 23 City Commission. 24 (ii) Privileges. Honorary Members may speak at meetings, but they do not 25 have voting rights. 26 (iii) Term of Honorary Membership. Honorary appointments will be for a 27 term of one year. 28 Sec. 2-164 Meetin2s 29 The Veterans Advisory Commission shall arrange for an appropriate time and place 30 meetings. 31 5 II I 1 Sec. 2-165 Procedure for enactment and votine. 2 All actions subiect to a vote shall be enacted as set forth below. 3 (a) Quorum. The Veterans Advisory Commission may not take any action unless a 4 quorum is present. A quorum shall consist of the physical presence of no less than four 5 (4) voting members of the Veterans Advisory Commission. 6 (b) Voting. An affinnative vote of a maiority of the voting members present shall 7 be required in order for the Veterans Advisory Commission to take any official action. 8 No voting by proxy is allowed. On final passage, the vote of each member of the 9 Veterans Advisory Commission shall be entered on the official record kept for the 10 meeting. 11 Sees. 2-166 Powers 12 Nothing in this article shall be construed as restricting, curtailing any of the 13 powers of the City Commission, or as a delegation to the Veterans Advisory 14 Commission of any of the authority or express or discretionary powers vested and 15 imposed by law in the City Commission. The Citv Commission declares that the public I 16 interest, convenience and welfare required by the appointment of the Veterans 17 Advisory Commission to act in a purely advisory capacity to the City Commission for 18 the purposes set forth in this article. Any power delegated here to the Veterans 19 Advisory Commission to adopt rules and regulations shall not be construed as a 20 delegation of legislative authority, but purely a delegation of administrative authority. 21 22 Section 3. All laws and ordinances applying to the City of Boynton Beach in 23 conflict with any provision of this ordinance are hereby repealed. 24 Section 4. Should any section or provision of this Ordinance or any portion 25 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 26 affect the remainder of this Ordinance. 27 Section 5. Authority is hereby given to codify this Ordinance. 28 Section 6. This Ordinance shall become effective immediately. 29 30 31 32 I 6 1 , I 1 FIRST READING this U¿klay of HiG tiS 7~ ,2005. 2 SECOND, FINAL READING AND PASSAGE this _ day of ,2005. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 I 24 25 S:\CA \Ordinances\Veterans Advisory Commission (8-2).doc 7 XII. - LEGAL ITEM A.2 1 ORDINANCE 05- 04 .f 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING ORDINANCE 098-06 BY 5 AMENDING CHAPTER IV, "BENEFITS", SUBSECTION 6 07 ENTITLED "FAMILY AND MEDICAL LEAVE ACT" 7 OF THE PERSONNEL POLICY MANUAL; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of the 12 City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton Beach, 13 which document has been amended from time to time; and 14 15 WHEREAS, the City's current Family and Medical Leave Act may be in conflict with 16 existing Union contracts; and 17 18 WHEREAS, the City staff has recommended that the amendment to the Family and 19 Medical Leave Act located within the Personnel Policy Manual will bring the procedure in line 20 with the union contracts; and 21 22 WHEREAS, the proposed change to the Personnel Policy Manual is in the best interest 23 of the health, safety and welfare ofthe Citizens and residents of Boynton Beach. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 28 Section 1. The foregoing whereas clauses are true and correct and are ratified and 29 confinned by the City Commission. 30 31 Section 2. That the Personnel Policy Manual (PPM) Chapter IV, subsection 07, 32 Family and Medical Leave Act, is hereby amended, as follows: 33 Chapter IV. Benefits 34 *** 35 07. Family and Medical Leave Act 36 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993). 37 38 A. Entitlement 39 Employees of the City, including key employees except where expressly excluded, who have S:\CA \Ordinances\Administrative\PPM Amendments - FMLA.doc 1 worked for the City for at least 12 months and have worked at least 1250 hours during that time 2 may be entitled to a total of 12 weeks of unpaid medical leave during any 12 month period~ 3 commencing from the first date of the leave period~ when leave is taken for one or more of the 4 following: 5 6 · Birth of a child of an employee and to care for the child: 7 · The placement of a child with an employee for adoption or foster care. (Foster care 8 requires state action.) 9 · To care for the spouse, child or parent of an employee, but not a parent "in-law", ifthe 10 family member has a serious condition; or 11 · The employee is unable to perfonn the functions ofthe position, because of the 12 employee's own serious health condition. 13 14 The employee's entitlement to leave for birth, adoption or foster care, expires at the end of the 15 12-month period beginning on the date of the birth or placement. 16 17 Employees granted FMLA leave are required to use all accrued paid leave and sick time while 18 on FMLA leave. Employees are entitled to use vacation time during an FMLA leave for days not 19 covered by accrued leave or sick time. 20 21 B. Continuation of Benefits 22 The City shall continue group health plan coverage for employees on FMLA leave for the duration of 23 the eligible employee's leave. Coverage shall be provided on the same level and under the same 24 conditions that coverage would have been provided if no leave had been taken. An employee on 25 FMLA leave without pay shall pay any dependent coverage and other premiums nonnally paid. Such 26 payment is due in Human Resources by the 25th of each month. In the event that an employee fails to 27 return to work after the period of leave expires, the City may recover any premiums the City paid for 28 coverage during the leave period. Such recovery can be taken from any benefits or wages owned by 29 the city to the employee. 30 Should the employee fail to return due to the following circumstances the City will not attempt to 31 recover such premiums: 32 33 · Continuation, reoccurrence or onset of an employee's own serious health condition or that of 34 a family member. 35 · Due to circumstances beyond the control of the employee. 36 37 The employee is required to provide the personnel department with written certification, fTom the 38 employee's or family member's health care provider, substantiating 1 and/or 2 above. Failure to return 39 within 30 calendar days of the agreed upon date and provide the above certification may result in 40 tennination and the City may recover premiums paid. 41 C. Definitions 42 43 KEY EMPLOYEES: Salaried employees who are among the highest paid 10% of all employees. S:\CA\Ordinances\Administrative\PPM Amendments - FMLA.doc 1 F AMIL Y MEMBER: Includes spouse, parents, son and daughter. The term spouse means current 2 husband or wife as recognized under state law for purpose of marriage. The term parent means the 3 biological parent or individual who stands or stood in loco parentis (in the place of a parent) to an 4 employees when the employee was a child. This term does not include parent "in law". The term son 5 or daughter means biological, adopted or foster child, stepchild, legal ward, or a child of a person 6 standing in loco parentis, who either under age 18, or age 18 or older and incapable of self care 7 because of a mental or physical disability. 8 SPOUSES: employed by the City are jointly entitled to a combined total of 12 weeks of family leave 9 for the birth, adoption or foster care of a child or the care of a child or parent who has a serious health 10 condition. 11 A SERIOUS HEALTH CONDITION: is an illness, injury, impairment, physical or mental condition 12 that involves: 13 14 · Incapacity or treatment connected with inpatient care at a hospital, hospice or residential 15 medical care facility involving an overnight stay. 16 · In capacity requiring the absence of three calendar days from work that involves continuing 17 treatment or supervision of a health care provider. 18 · Continuing treatment by a health care provider for a chronic long term health condition that if 19 not treated would likely result in a period of incapacity of more than 3 calendar days. 20 21 D. Requirements 22 23 An employee requesting FMLA leave shall explain, in writing, to Human Resources the reasons for 24 the need for such leave. The employee shall give, when foreseeable, 30 days advance notice of the 25 need for FMLA leave. The City may request as much substantiating documentation from the 26 employee as it feels necessary to make a determination as to whether the reason for the request 27 qualifies under the act. The Human Resources Director and the Department Director, after careful 28 review, shall forward a recommendation to the City Manager. 29 30 WHEN LEA VE IS REQUESTED the employee must provide, in writing, a medical certification 31 stating the condition and the need for leave from the employee's or family member's health care 32 provider within ten (10) days of the written request for leave. A CERTIFICATE OF PHYSICIAN OR 33 PRACTITIONER FORM WH-380 shall be required from a qualified health care provider for any 34 medical reason cited by the employee. The City may not request additional information from such 35 provider but may require the employee to obtain, at the City's expense, a second opinion. The City 36 shall designate the health care provider to furnish such second opinion. If the two opinions conflict, 37 the City may require the employee, at the city's expense, to obtain certification from a mutually agreed 38 upon third health care provider who's opinion will be final. This certification will be treated as a 39 confidential medical record and the information will be disclosed only as required by law. 40 41 INTERMITTENT OR REDUCED SCHEDULE LEAVE: When medically necessary, intermittent or 42 reduced schedule leave may be taken due to an employee's own serious health condition or that of a S:\CA\Ordinances\Administrative\PPM Amendments - FMLA.doc 1 family member. Intermittent or reduced schedule leave is not available for the birth or placement of a 2 child. 3 4 Employees seeking intermittent or reduced schedule leave based on planned medical treatment are 5 required to produce certification outlining the dates on which treatment is expected and the duration 6 of the treatment. Employees are expected to make a reasonable effort, subject to the health care 7 provider's approval, to schedule treatment so as to not unduly disrupt the City's operations. Employees 8 are required to give the City, through the personnel department thirty (30) days notice or as much 9 notice as is practicable of their intentions. 10 In the event an employee requests intermittent or reduced scheduled leave due to a family member's or 11 the employee's own serious health condition, the City may elect to temporarily transfer the employee 12 to an available alternative position, with equivalent pay and benefits for which the employee is 13 qualified and which better accommodates the City's needs and that of the employee. 14 15 E. Notice 16 NOTICE FROM ELIGffiLE AND KEY EMPLOYEES: A minimum of thirty (30) days advance 17 notice of an employee's intent to take leave is required when it is foreseeable due to: 18 19 · The expected birth of a child. 20 · The expected placement of a child for adoption or foster care. 21 · Planned medical treatment for child, spouse or parent with a serious health condition. 22 · Planned medical treatment in the case of the employee's own serious health condition. 23 24 If leave has to begin in less than thirty (30) days as a result of one of the above referenced 25 circumstances, the employee must provide the City, through Human Resources, with as mush advance 26 notice as is practicable. Notice must be provided in writing to Human Resources. In the event notice is 27 NOT given in these circumstances, the employee will be considered to have taken "unauthorized 28 leave" and will be subject to appropriate disciplinary action. 29 30 NOTICE FROM THE CITY TO KEY EMPLOYEES: The City shall notify a key employee before 31 leave is taken if economic injury is foreseen at the time. 32 33 RECERTIFICATION: An employee who has taken leave because of the employee's own serious 34 health condition or that of a family members is required by the City to obtain subsequent written re- 35 certification of that medical conditions every five (5) weeks during the duration of the condition. In 36 addition, employees on FMLA leave are required to report every 2 weeks, in writing on their status 37 and the intention of the employee to return to work. Failure to report as stated above may subject the 38 employee to disciplinary action for unexcused absence. 39 S:\CA \Ordinances\Administrative\PPM Amendments - FMLA.doc 1 REINSTATEMENT: Eligible employees other than key employees, who comply with all provisions 2 of this policy and who return from FMLA leave will be returned to the job position held prior to the 3 leave, or may be placed, at the discretion of the City, in an equivalent position with equivalent 4 benefits. 5 6 THE CITY MAY DENY RESTORATION TO A KEY EMPLOYEE IF: 7 1. Denial is necessary to prevent "substantial and grievous economic injury" to the employer; 8 2. The City notifies employee of its intent to deny restoration on that basis at the time the City 9 determines that such injury would occur and after being notified, the employee elects not to 10 return. The City shall not deny the employee the opportunity to take leave (i.e., must notify the 11 employee after the leave is requested but before the leave is taken, if economic injury is foreseen 12 at that time) and, if the employee already is on leave when the notice is given, the city shall give 13 the employee an opportunity to return to work. 14 15 While on leave, eligible employees will retain all accrued benefits. An employee will 16 continue to accrue benefits (vacation, longevity, seniority, sick, etc.) during FMLA leave 17 (vacation, longevity, seniority, sick, etc.) in accordance with current accrual standards. 18 Reinstated employees are not entitled to any right, benefit or position of employment other 19 than any to which they would have been entitled had they not taken the leave. 20 21 Prior to reinstatement an employee whose leave was based on the employee's own serious 22 health condition is required to provide, in writing, to the personnel department a certification 23 from the employee's health care provider that the employee is able to return to work. 24 25 Section 3. Should any section or provision of this ordinance Or portion hereof, any 26 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 27 such decision shall not affect the remainder of this ordinance. 28 29 Section 4. All Ordinances Or parts of Ordinances, Resolutions Or parts of 30 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 31 conflict. 32 33 Section 5. This Ordinance shall become effective immediately upon passage. 34 S:\CA\Ordinances\Administrative\PPM Amendments - FMLA.doc 1 FIRST READING this _ day of ,2005. 2 SECOND, FINAL READING and PASSAGE this _ day of 3 4 ,2005. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 ATTEST: Commissioner 19 20 21 City Clerk Commissioner 22 23 24 S:\CA\Ordinances\Administrative\PPM Amendments - FMLA.doc XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACH " AGENDA ITEM REQUEST FORM P'" '). ,~ ' .~ tJ' 'J 0 I 'f (... ~J '"'1' Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D October 5,2005 September 19,2005 (Noon) D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon) ~ September 6, 2005 August 15,2005 (Noon) D November 1, 2005 October 17,2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 31, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ~ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Motion to approve Solid Waste Ordinance Revision - Chapter 10 - Garbage, Trash and Offensive Conditions, Sec. 10-30, Rates and charges for City service, repealing the rate of$13.15 per month for non- automated single family garbage collection. EXPLANATION: On September 7, 2004 the City Commission approved various Solid Waste code revisions. One of the revisions pertained to rates and charges, specifically Sec. 10-30 item C-5, raising the $10.50 residential rate to $13.15 for non-automated service. This is scheduled to go into effect on October 1,2005. At the time the recommendation to increase the rate for communities not utilizing the automated service was made by staff, it was determined that the cost to pro'vide the automated service was less than the service for non-automated. It was also hoped that by raising the rates we could influence some of the communities to reconsider the more efficient automated service as well as to better assign the cost of Solid Waste services based upon the type of use. During the time since the ordinance was adopted, staff has witnessed a significant number of new residential development that is designed such that automated garbage collection is either very difficult, or altogether impossible because of constrained road widths and turning radii. For example, developments such as Canterbury at High Ridge and Gateway were designed to accommodate automated garbage collection. However, since this development has opened, Solid Waste staff has found it difficult to collect garbage from this development with automated trucks and instead has found that non-automated garbage collection is much more efficient and far safer to the driver and the public. Therefore, it is in the City's best interest to continue collecting garbage from this development with non- automated trucks. This is proving to be the case in several other "urban" style developments. No doubt, we will experience similar safety related problems when Rennassaince Commons and Boynton Town Center are complete. Staff has learned that a "one size fits all" approach to automated garbage collection, while plausible, is impractical given the diverse customer types that we serve. There will always be "traditional" single-family homes. However, there are emerging "new urban" designs of town houses and row houses. Staff does not believe it practical to develop specific rate structures for each type of single-family customer. Rather, staff now believes it best to maintain one rate structure for all single-family developments and a separate rate structure for multiple family developments. The main differentiating feature between single family rate collection and multiple family rate collection is that landscape waste collection services is included for properties billed according to the single family rate (currently $10.50 per month) and landscape collection services are not included in the monthly collection rate for multi family (currently $7.50 per month). We are finding that the wide variety of development designs are requiring us to have a variety of equipment S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC · CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM types to safely provide garbage collection. We should not be setting collection rates based upon the type of collection and equipment type because this will be an ever changing variable based upon development site designs in the future. In the coming months, staff will be evaluating both the single family and multi-family garbage collection rates to determine an appropriate increase in order to maintain a positive Solid Waste fund balance. In summary, the proposed ordinance repeals the $13.15 per month rate associated with non-automated garbage collection for reasons mentioned herein. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A f1,~£- (íJ1,~ Department Head's Signature City Manager's Signature ?ub/'¿ Uo¡¿l!ó Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC II I 1 ORDINANCE NO. 05 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10-30 (C), "RESIDENTIAL 8 RATES (NONCONTAINERIZED)", TO PROVIDE FOR 9 RATE MODIFICATION FOR NON-AUTOMATED 10 SERVICE; PROVIDING FOR CONFLICTS, 11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, on September 7, 2004 the Boynton Beach City Commission ("City") 15 adopted Ordinance No. 04-072 ("Ordinance") that provided for various revisions to the solid 16 waste provisions of the City's Code of Ordinances; and 17 WHEREAS, during the time since the Ordinance was adopted, City staff has observed 18 that a significant number of new residential developments are designed in such a manner that 19 automated garbage collection is either very difficult or altogether impossible because of 20 constrained road widths or turning radii; and 21 WHEREAS, the City Commission concurs with City staffs recommendation, and has 22 determined that it is in the best interest, safety and welfare of the residents and citizens of 23 Boynton Beach, that Chapter 10 'Garbage, Trash and Offensive Conditions be amended to 24 remove the different charge for residential, non-automated service, as set forth below. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and 28 incorporated herein by this reference. 29 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Sec. 10- S:\CA \Ordinances\Chapter 10 Garbage Code Revision.doc 1 I II II II I 1 30, "Rates and charges for City service," sub-section 1 0-30( c), "Residential rates 2 (noncontainerized)" of the Code of Ordinances of the City of Boynton Beach, be, and the 3 same is hereby amended by adding the words and figures in underlined type, and by deleting 4 the words and figures in struck-through type, as follows: 5 Sec. 10-30. Rates and charges for City service. 6 The rates and charges for refuse collection service provided by the city shall be as 7 follows: 8 n. 9 (c )Residential rates (noncontainerized): 10 (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. 11 (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex 12 or triplex. 13 (3) Ten dollars and fifty cents ($10.50) per month for each family unit for 14 apartments and condominiums. 15 (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. 16 (5) Thirteen dollars and fifteen cents for non automated service I 17 Sec.!ion 3. Each and every other provision of Chapter 10, not herein specifically 18 amended shall remain in full force and effect as previously enacted. 19 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 20 same are hereby repealed. 21 Section 5. Should any section or provision of this ordinance or portion hereof, any 22 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 23 such decision shall not affect the remainder of this ordinance. S:\CA\Ordinances\Chapter 10 Garbage Code Revision.doc 2 II I 1 Section 6. Authority is hereby granted to codify said ordinance. 2 Section 7. This ordinance shall become effective during the first full billing cycle 3 after the adoption of the Ordinance on Second Reading. 4 FIRST READING this _ day of September, 2005. 5 SECOND, FINAL READING AND PASSAGE this day of 6 ,2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 ATTEST: Commissioner 21 22 23 City Clerk Commissioner 24 25 (CORPORATE SEAL) S:\CA \Ordinances\Chapter 10 Garbage Code Revision.doc 3