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Agenda 09-20-05 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA September 20, 2005 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Richard Floreck - St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy 1. Second Budget Public Hearing for Fiscal Year 2005/06 Budget 2. Proposed Resolution No. ROS-147 Re: Adopting the Final Millage Rate for Fiscal Year Millage Rate for fiscal year 2005/06 3. Proposed Resolution No. ROS-148 for fiscal year 2005/06 Re: Adopting the Final Budget 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. Announcements: None Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 B. Community and Special Events: None. C. Presentations: 1. Proclamations: a. National Customer Service Week - October 3-7, 2005 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. Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 II McCray Adv. Bd. On Children & Youth Reg. 2 yr term to 4/07 I Ensler Arts Commission Alt. 1 yr term to 4/06 III Ferguson Cemetery Board Alt 1 yr term to 4/06 Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 IV McKoy Code Compliance Board Reg 3 yr term to 4/07(3) I Ensler Education Advisory Board Alt 1 yr term to 4/06 II McCray Education Advisory Board Alt 1 yr term to 4/06 Mayor Taylor Education Advisory Board Stu 1 yr term to 4/06(3) Mayor Taylor Library Board Alt 1 yr term to 4/06 I Ensler Library Board Alt 1 yr term to 4/06 II McCray Employees' Pension Board Reg 3 yr term to 4/08 III Ferguson Planning and Development Bd. Reg. 2 yr term to 4/06 I Ensler Recreation and Parks Bd. Reg. 3 yr term to 4/06 2 Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 Mayor Taylor Veterans Advisory Board Reg 3 yr term to 4/08 I Ensler Veterans Advisory Board Reg 3 yr term to 4/08 II McCray Veterans Advisory Board Reg 3 yr term to 4/08 III Ferguson Veterans Advisory Board Reg 2 yr term to 4/07 IV McKoy Veterans Advisory Board Reg 2 yr term to 4/07 Mayor Taylor Veterans Advisory Board Reg. 1 yr term to 4/06 I Ensler Veterans Advisory Board Reg. 1 yr term to 4/06 II McCray Veterans Advisory Board Alt. 1 yr term to 4/06 III Ferguson Veterans Advisory Board Alt. 1 yr term to 4/06 IV McKoy Veterans Advisory Board Alt. 1 yr term to 4/06 Mayor Taylor Veterans Advisory Board Alt. 1 yr term to 4/06 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 - September 2, 2005 2. Regular City Commission Meeting - September 6, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award the "PURCHASE OF ONE (1) NEW & UNUSED 1250 KW GENERATOR", BID #047-2821-05/0D, to Standby Systems, Inc. of Melbourne, Florida, in the amount of $220,511.00. 2. Approve the purchase from Dell Computer a new server for CAD/RMS system at a cost of $12,004.75 and from QED $9,000 to upgrade and migrate the database. C. Resolutions: 1. Proposed Resolution No. ROS-149 RE: Approving changes in the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP). 2. Proposed Resolution No. ROS-1S0 RE: Approving and authorizing execution of Agreements for Water Service Outside the city Limits, for all of the properties located within the Prestwick Estates subdivision, an existing subdivision on private wells. 3 Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 3. Proposed Resolution No. R05-151 RE: Approving and authorizing execution of the Interlocal Agreement between Palm Beach County and the City to assist in the removal of invasive non-native vegetation in the Congress Avenue Community Park site. 4. Proposed Resolution No. R05-152 RE: Approving the Collective Bargaining Agreement between the City and the International Association of Firefighters, Local 1891. 5. Proposed Resolution No. R05-153 RE: Approving and authorizing execution of Agreements for Water Service for Witt Investments, Inc.; Elbert R. Abell and Melodye S. Abell, and Melear Properties, Inc., to serve parcels of land that will comprise the Abell Property PUD for a future project composed of 106 single-family homes. 6. Proposed Resolution No. R05-154 RE: Approving and authorizing execution of Agreement for Water Service Outside the City Limits with Dean Copp for the property at 7940 Overlook Rd., Lantana, FL. (Tropical Terrace L T 5 & 6). 7. Proposed Resolution No. R05-155 RE: Approving and authorizing execution of Agreement for Water Service Outside the City Limits with David Crump for the property at 7927 Loomis St. Lake Worth, FL. (Tropical Terrace L TS 144 & 145). 8. Proposed Resolution No. R05-156 RE: Approving the agreement between the City of Boynton Beach and the Florida International University Board of Trustees for the Metropolitan Center at flU to act as Consultant in an advisory capacity to the City for the purposes of providing geographic boundaries of City Commission districts for the election of City Commission members. 9. Proposed Resolution No. R05-157 RE: Approving the replacement of the name Wilson Center in honor of Carolyn Sims to be the Carolyn Sims Center at Wilson Park. 10. Proposed Resolution No. R05-158 RE: Approving the expenditure of $111,360 to Kronos Inc. of Chelmsford, MA to purchase a software program for Human Resources to track employee attendance as well as employee payroll. This expenditure is to be paid over a four (4) year period. 4 Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 11. Proposed Resolution No. R05-159 RE: Approving and authorizing the two easements being granted by Palm Shores at Gables End Association, Inc., and Windward Master Association, Inc., for the purpose of constructing and maintaining underground utilities to serve a proposed congregate care facility. D. Ratification of Planning and Development Board Action 1. Cortina @ Boynton Village (NWSP 05-001) Request for new site plan approval in order to construct 458 fee-simple townhouse units in the (SMU) Suburban Mixed-Use zoning district. 2. Boynton Town Center (NWSP 05-003) Request for new site plan approval in order to construct 231,000 square feet of commercial on a 24.65-acre parcel in the (C-3) Community Commercial zoning district. 3. Boynton Village (NWSP 05-004) Request for new site plan approval in order to construct a large scale, mixed-use project consisting of 80 dwelling units, 14,541 square feet of restaurant, 10,000 square feet of office and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the (SMU) Suburban Mixed-Use zoning district. 4. High Ridge New Urban Communities (NWSP 05-016) Request for new site plan approval in order to construct 48 single-family homes and 126 townhouse units and related site improvements on an 18.44 acre parcel in a (PUD) Planned Unit Development zoning district. 5. Boynton Dixie (NWSP 05-024) Request for new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the (PUD) Planned Unit Development zoning district. E. Ratification of CRA Action: 1. Promenade (SPTE 05-003) Request for a one-year time extension for a new site plan approval granted on July 20, 2004, from July 20, 2005 to July 20, 2006. F. Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $138,341.19 in the Sanitation Fund, by $126,535.15 in the General Fund, by $2,777.75 in the Water & Sewer Fund, and by $1,765.00 in the Boynton Beach Memorial Park Fund. 5 Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 G. Accept the written report to Commission of purchases over $10,000 for the month of August, 2005. H. Approve reimbursement of $20,000 to the Boynton Beach Faith Based Community Development Corporation (FBCDC) for land purchase for the purpose of building an affordable house. 1. Approve a revised investment policy for all City of Boynton Beach Funds except pension funds or funds related to the issuance of debt. J. Return cash bond of $18,397.50 to Calvary Chapel of Boynton Beach, Inc., for the project known as Calvary Chapel of Boynton Beach. K. Approve rate structure for cart fees, green fees, capital improvement fees and annual permits for The Links at Boynton Beach as proposed in the budget for FY 05/06. The overall changes include a $1 increase in the summer months and a $2 increase in the winter and shoulder months. There is also a $50 increase in the annual permit fee ($600-$650), which is the first increase in 8 years. L. Approve 2005-2006 Premium Year Property & Casualty Insurance Policy in the amount of $922,724.00. M. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $1,500 for the Juvenile Transition Center, Inc. N. Authorize the use of Community Investment Funds from Vice Mayor McCray in the amount of $1,000 for the Committed Citizens Concerned about our Children, Inc. O. Authorize the use of $1,500 of Community Investment Funds to the Gulf Stream Council, Inc., Boy Scouts of America by Mayor Taylor. P. Authorize the use of $2,000 of Community Investment Funds to the Boynton Beach Woman's Club by Mayor Taylor. Q. Authorize the use of $1,500 of Community Investment Funds to the Boynton Beach Head Start Center by Commissioner Carl McKoy. R. Authorize the use of $2,000 of Community Investment Funds to Mad Dads of Grater Boynton Beach, Inc. by Commissioner Carl McKoy. S. Authorize the use of $1,000 of Community Investment Funds to the Gulf Stream Council, Inc., Boy Scouts of America by Commissioner Ensler. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None 6 Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 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: AGENT: OWNER: LOCATION: DESCRIPTION: B. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: c. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: D. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Village Parcel 4 &. 5 Condos (COUS 05-007) Anthony Comparato, Kim Glas-Castro The Klatt Family Ltd. Partnership and Klatt Enterprises, Inc. NE corner of Old Boynton Rd. and Congress Ave. Request for Conditional Use/New Site Plan approval for four (4) five (5) story buildings with 376 condominium units on an 8.815-acre portion of the 106.5-acre Boynton Village and Town Center site. Boynton Village Parcel 3 Condos (COUS 05-008) Anthony Comparato, Kim Glas-Castro The Klatt Family Ltd. Partnership and Klatt Enterprises, Inc. NE Corner of Old Boynton Road and Congress Ave. Request for Conditional Use/New Site Plan approval for two (2) five (5) story buildings with 206 condominiums units on a 4.384-acre portion of the 106.5-acre Boynton Village and Town Center site. Boynton Dixie (ANNEX 05-003) Weiner & Aronson, P.A. Pineapple Grove Properties, L TD Northwest corner of the Intersection of Gulfstream Blvd and Old Dixie Highway. Request to annex the subject property. (1st reading of Proposed Ordinance No. 05-056) Boynton Dixie (LUAR 05-007) Weiner & Aronson, P .A. Pineapple Grove Properties, L TD Northwest corner of the Intersection of Gulfstream Blvd and Old Dixie Highway. Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5) to Medium Density Residential (MeDR) (1st reading of Proposed Ordinance No. 05-057) Request to rezone from Single-family residential (RS) to Planned Unit Development (PUD) for the development of 7 Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 82 town homes, recreation areas and related site improvements on 8.6 acres. (1st reading of Proposed Ordinance No. 05-058) E. PROJECT: Rights-of-way in PUD Planned Unit Developments (CDRV 05-014) Staff-initiated Part III Land Development Regulation, Chapter 2.5 Planned Unit Development, Section 9-F Request to amend the Land Development Regulations, Chapter 2.5, Section 9. Internal PUD standards, F. RIGHTS OF WAY to allow secondary roadways within a PUD to be approved with right-of-way widths of less than 40 feet. (1st reading of Proposed Ordinance No. 05-059) AGENT: CODE SECTION: DESCRIPTION: IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Agreement for the Boynton Beach-Heart of Boynton Project - Phase I (10/5/05) B. Interlocal agreement between the City and CRA for land acquisition in the Heart of Boynton Beach. (Tabled to 10/5/05)(Proposed Resolution No. R05-119) C. Interlocal agreement between the City of Boynton Beach and the Community Redevelopment Agency for the Old High School Project. (10/5/05) D. City Manager's Evaluation (10/18/2005) E. Ordinance allowing non residents on Advisory Boards. (10/18/05) F.. List of State Funding Requests.(1O/18/05) G. Notification to residential areas of ordinance changes. (10/18/05) H. Proposed amendment to Parks Dedication Code ordinance to modify the review time line. (11/1/05) XI. NEW BUSINESS: None 8 Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-049 RE: Request for abandonment of a portion of a 50-foot right-of-way (SE 3rd Street or FKA Alden Street). (Uptown Lofts @ Boynton Place) 2. Proposed Ordinance No. 05-050 RE: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C). (Arches) 3. Proposed Ordinance No. 05-051 RE: Request to rezone 0.58-acre of property from Central Business District (CBD) to Mixed Use- High Intensity (MU-H). (Arches) 4. Proposed Ordinance No. 05-052 RE: 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. (Arches) 5. Proposed Ordinance No. 05-053 RE: 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. (Arches) 6. Proposed Ordinance No. 05-054 RE: 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. (Arches) 7. 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. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-060 RE: Approving creation of Chapter 1.5, Article (1/2/3/4/5) of the Land Development Code of the City of Boynton Beach entitled "Art in Public Places Program" for new development and redevelopment in non-residential districts and in mixed use and multi-family districts. 9 Agenda Regular Commission Meeting Boynton Beach, FL September 20, 2005 C. Resolutions: 1. Proposed Resolution No. R05-091 RE: Approving the Interlocal Agreement between the City of Boynton Beach and the Community Redevelopment Agency for the Boynton Beach Extension Promenade Project. D. Other: None. XIII. UNFINISHED BUSINESS: None. XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 9/19/2005 2:18 PM S:\CC\WP\CCAGEN DA \AGENDAS\YEAR 2005\092005. DOC 10 1 RESOLUTION R05- Ilf 7 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 5 7.500 MILLS FOR THE CITY'S GENERAL OPERATING 6 FUNDS FOR THE FISCAL YEAR BEGINNING 7 OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006; 8 PROVIDING THAT THE FINAL MILLAGE RATE OF 9 7.500 MILLS IS 14.47 PERCENT ABOVE THE 10 COMPUTED ROLLED-BACK RATE; PROVIDING FOR 11 SEVERABILITY, CONFLICTS AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, a Final Budget has been reviewed and considered by the City 15 Commission of the City of Boynton Beach, Florida, for the ensuing year, with detailed 16 information, including revenues to be derived from sources other than ad valorem levy, and 17 the City Manager has made recommendations as to the amount necessary to be appropriated 18 for the ensuing year; and 19 WHEREAS, the City Commission has given notice of and has conducted the public 20 hearings required by law and has considered the recommendations of staff and comments of 21 the public, the suggested budget, and the proposed millage necessary to be levied to carry on 22 the government of the city for the ensuing year 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. That the final millage rate necessary to be levied against ad valorem 29 valuation of property subject to taxation in the City of Boynton Beach, Florida, to produce a 30 sufficient sum which together with departmental and other revenues will be sufficient to pay S:\CA\RESO\Budget\2005~6 Budget\Fina! Millage 200S.doc! II for appropriations made in the budget for the Fiscal Year beginning October 1, 2005, and 2 ending September 30,2006, is hereby set at 7.500 mills plus 0.1300 for Voted Debt Service 3 for a total Final Millage rate of7.63. 4 Section 3. The Final Millage rate of 7.500 mills is 14.47% above the computed 5 rolled-back rate. 6 Section 4. If any clause, section or other part of this Resolution shall be held by 7 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 8 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 9 remaining portions ofthis Resolution. 10 Section 5. All resolutions or parts of resolutions in conflict herewith are hereby 11 repealed to the extent of such conflict. 12 Section 6. This Resolution shall become effective immediately upon passage. 13 FIRST READING, this _ day of September, 2005. 14 CITY OF BOYNTON BEACH, FLORIDA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk (Corporate Seal) S:\CAlRES0\8udget\2005-D6 Budget\Final Millage 2005.doc2 11 1 RESOLUTION 05-ILJr 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A FINAL BUDGET FOR THE 5 FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND 6 ENDING SEPTEMBER 30, 2006; DETERMINING AND 7 FIXING THE AMOUNTS NECESSARY TO CARRY ON 8 THE GOVERNMENT OF THE CITY FOR THE 9 ENSUING YEAR; PROVIDING FOR SEVERABILITY, 10 CONFLICTS, AND AN EFFECTIVE DATE. 11 12 WHEREAS, a final budget has been prepared by the City Manager estimating 13 expenditures and revenues of the City for the ensuing year, with detailed information, 14 including revenues to be derived from sources other than ad valorem levy, and she has made 15 recommendations as to the amount necessary to be appropriated for the ensuing year; and 16 WHEREAS, the City Commission has given notice of and has conducted the public 17 hearings required by law and has considered the recommendations of staff and comments of 18 the public, the suggested budget, and the proposed millage necessary to be levied to carry on 19 the government of the city for the ensuing year; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 23 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 24 Section 2. That the final budget of the City of Boynton Beach, Florida, for the 25 fiscal year beginning October 1, 2005, and ending September 30, 2006, is hereby adopted 26 and the appropriations set out therein are hereby made to maintain and carry on the 27 government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of 28 $62.422,843.00 ($61,033,804.00 in new revenue plus $1,389,039.00 allocated from reserve 29 fund balance) the General Fund for the payment of operating expenses and necessary capital 30 outlays for the City Government pursuant to the terms of the above budget. 31 Section 3. That there is hereby appropriated the sum of $552,891.00 to the 32 interest and sinking fund for the general debt service for the purpose of paying the interest, S:\CA\RESO\Budget\2005-D6 Budget\Final Budget Sept 200S.doc II 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 $54,328.137.00 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 Section 8. 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. S:\CA\RESO\Budget\2005.Q6 Budget\Final Budget Sept 2005.doc 2 II 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 Section 19. All delinquent taxes collected during the ensuing fiscal year as 14 proceeds from levies of operation millages of prior years are hereby specifically 15 appropriated for the use of the General Fund. 16 Section 20. If any clause, section or other part of this Resolution shall be held by 17 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 18 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 19 remaining portions of this Resolution. 20 Section 21. If any clause, section or other part of this Resolution shall be held by 21 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 22 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 23 remaining portions of this Resolution. 24 Section 22. All Resolution or parts of Resolution in conflict herewith are hereby 25 repealed to the extent of such conflict. 26 S:\CA \RESO\Budget\200S-<l6 Budget\Final Budget Sept 200S.doc 3 II PASSED AND ADOPTED this _ day of September, 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 Commissioner 18 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) 25 26 27 S:\CA\RESO\Budget\2005~6 Budget\Final Budget Sept 2005.doc 4 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.ciboynton-beach.fl.us To: From: Date: Subject: City Commission V Kurt Bressner, City Manager ~ July 3, 2005 Presentation of City Operating Budget for Fiscal 2005-6 and Financial Operating Plan for Fiscal 2006-2010 I am pleased to transmit the proposed Operating Budget for Fiscal 2005-06 and a Financial Operating Plan for Fiscal 2006- 2010. Exclusive of construction projects, 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 n~t:. gain of 26 new employees. The budget calls for the following positions to be added to the budget: Assistant to City Manager Police Officers Firefighters/Medics Assistant Fire Marshall Chief Field Inspector Building Inspector Plan Review Analyst Records S~ciaJist Public Arts Administrator Water Instrument Control Tech Cook -Golf Course Restaurant Total 1 10 12 1 (Fire inspection services) 1- (Building Department) 1 (Building Department) 1 (Building Department) 1 (Building Department) 1 1 1 31 The budget calls for the following positions to be eliminated: Assistant City Manager 1 Public Affairs Coordinator 1 Deputy Director Purchasing I Parks Maintenance Worker 1 Restaurant Bar/Server I 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 of this document is the statutory spending plan that the City Commission must approve following review and revision, as appropriate. The Financial Plan portion of the document is an advisory financial snapshot into the future designed to give the Commission and 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 a3-month expenditure reserve. It should be noted thatthe 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 General Fund Expenses Over/Under $54,377,442 $56,035,842 $(1,658,400) $55,059,443 $55,204,383 $(144,940) $682,001 $(831,459) 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 of the 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 1/10th ofamill 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 ofthe 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. The 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 Use/Month 2,000 3,000 4,000 5,009 6,000 7,000 8,QOD 9,000 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 Water Cost $4.30 $6.45 $8.60 $10.75 $12.90 $15.05 $17.20 $19.35 $21.50 $23.65 $25.80 $27.95 $30.10 $32.25 $34.40 $36.55 $38.70 $40.85 $43.00 Utility Tax $0.22 $0.32 $0.43 $0.54 $0.65 $0.75 $0.86 $0.97 $1.08 $1.18 $1.29 $1.40 $1.51 $1.61 $1.72 $1.83 $1. 94 $2.04 $2.15 Water Use/Month 26,000 27,000 28,000 29,000 30,000 31,000 32,000 33,000 34,000 35,000 36,000 37,000 38,000 39,000 40,000 41,000 42,000 43,000 44,000 Water Cost $55.90 $58.05 $60.20 $62.35 $64.50 $66.65 $68.80 $70.95 $73.10 $75.25 $77.40 $79.55 $81.70 $83.85 $86.00 $88.15 $90.30 $92.45 $94.60 Utility Tax $2.80 $2.90 $3.01 $3.12 $3.23 $3.33 $3.44 $3.55 $3.66 $3.76 $3.87 $3.98 $4.09 $4.19 $4.30 $4.41 $4.52 $4.62 $4.73 America's Gateway to the Gulfstream 3 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 We are 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 I sf 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, ifbased 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 Reduce Revenues by eliminating Water Utility Tax Add Back in Additional Property Tax via TRIM notice of 7/1/05 Revised un-obligated fund balance use: $1,662,936. -$195,000 $314,095 $1,543,841 Looking to next fiscal year, the General Fund is projected to receive $60.7 M in revenues. lbis is an 1 1.7% 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, staff was able find $1,459,639 from a targeted cut of$1,703,694. 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)ncrease. The projected increase in expenses for the General Fund is 11.3%, inclusive of the new staff. On the re"\fenue 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 futernet 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 $1 0,000 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 sl and 5 on April 1 SI) 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 staff is being substantially borne by an increase in intergovernmental revenues from Fire-Rescue contracts with Hypoluxo, Ocean Ridge and the Village of Golf. The revenue base from these con!racts 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 permit 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 staffhas 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-term 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 of three pension funds needs to be reviewed, as do other factors. In the meantinle, 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. America's Gateway to the Gulfstream 5 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 market 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 offuture 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 Increasel 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 of refinement 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 flow~ 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 of the 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, golfpatronage is down industry"" wide. As a result, the revenue projections for the Golf Course were not met this past fiscal year by $120,340. Staffat 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 oYthe revenues and expenses for the fund: Solid Waste Revenues Solid Waste Expenses Over/Under Budget 04-05 $7,269,277 $6,913,170 $356,107 Estimate 04-05 $7,367,551 $7,729,847 $(362,296) Over/Under $98,274 $816,677 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 oflandscape debris. America's Gateway to the Gulfstream 7 I asked the staff to verify if our labor costs were higher than the private sector or not. According to research by City staffin 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 BE1WEEN WASTE MANAGEMENT EMPLOYEES AND CITY OF BOYNTON BEACH EMPLOYEES WASTE MANAGEMENT ENTRY LEVEL Equipment Operator Equipment Operator Sr. ATO/Heavy Equipment Opr. Base Pay $11. 13/hr. $13.09/hr. $15.45 + $2.56 $3.01 $3.55 23% Benefits = $13.69/hr. = $16.10/hr. =$19.00/hr. CITY OF BOYNTON BEACH ENTRY LEVEL Equipment Operator Equipment Operator Sr. ATO/Heavy Equipment Opr. Base Pay $10.92/hr. $12.02/hr. $13. 12/hr. + $3.28 $3.61 $3.94 30% Benefits =$14.20/hr. =$15.63/hr. =$17.06/hr. The staffwill be proposing a rate modification for multi-family accounts. A comparison of oth~f 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 RA TE COMPARISON June 24, 2005 RESIDENTIAL MULTI-FAMILY SERVICE LOCATION City of Boc~ Raton REFUSE RATE Ad Valorem Tax $12.00 Side yard P/up REFUSE RATE AdValorem Tax for curbside p/up $13.50/unit for dumpster service LEVEL TWice/wk - Garbage Once/wk - Recycling Oncejwk - Vegetation Quarterly - Bulk Trash City of Boynton Beach $10.50/Month $ 7.50/unit/Month Same service as curbside except no vegetation p/up Twice/wk - Garbage Once/wk - Recycling Once/wk - Bulk/Vege 8 America's Gateway to the Gulfstream City of Deerfield Beach $22.66jMonth $20.63jUnitjMonth TWicejwk - Garbage Oncejwk - Recycling Oncejwk - BulkjVege City of Lake Worth $ 14.87jMonth $ 14.87 under 9 units Over nine units is billed as commercial TWicejwk - Garbage Oncejwk - Recycling Once wk - Bulk/Vege Town of Lantana $ 16.25jMonth $ 1.72 (Recycling) $17.97jMonth $16.25junitjMonth TWicejwk - Garbage $ 1.72junit (Recycling) Oncejwk - Recycling $17.97 jMonthjunit Bi-weekly-BulkjVege TOTAL: Palm Beach County District 5 Unincorporated Boynton Beach $7.25jMonth $ 4.08junitjMonth Same service as curbside except bulk is oncejwk TWicejwk - Garbage Oncejwk - Recycling Oncejwk - Vege. TWicejwk - Bulk West Palm Beach $16.00jMonth $16.00junit - 1st bldg. $ 9.00junit - 2,3,4,bldg. $16.00junit - 5th bldg. $ 9.00junit - 5, 7, 8 bldg. TWicejwk - Garbage Oncejwk - Recycling Oncejwk - Vegetation Twicejwk - Bulk SharejPW jSolid WastejRate Comparison Chart - June 2005 We will continue to monitor legislative attempts to eliminate our market share for the roll-Q:ft:< business. This revenue accounts for approximately $1.1 M 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 financial condition of the Solid Waste Fund, the proposed budget does not show a transfer of $550,000 froin 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 America's Gateway to the Gulfstream 9 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 frre-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. We are 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 of the 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 of 1 O.ocMf. 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 fi.scal year through hefty fund balance transfers into the Risk Management Fund from other operating funds. The fund is operating as planned and the staffhas instituted excellent safety and loss prevention programs to reduce our exposure. However, a less favorable insurance market accompanies this this year, which may result in some premium increases for our oulside 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. America's Gateway to the Gulfstream 10 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 ac~umulated 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 Jhree 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 Recreat.ion 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. Recreation Revenues Recreation Expenses Over/Under Budget 04-05 $748,225 $737,987 $10,238 Estimate 04-05 $673,200 $710,111 $(36,911) Over/Under $(75,025) $(27,876) America's Gateway to the Gulfstream 11 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 fimds 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 $183 M in bond proceeds in Fiscal 2003-04, $10 M which was used to refinance bonds and $8.3 M to :f1.iiill 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 2001-02. The revenues received and projected from this source are as follows: Fisca1200l..02 Fiscal 2002-03 Fiscal 2093-04 Fiscal 2004-05 Estimate Fiscal 2005-06 Budget Fiscal 2006-07 Plan Fiscal 2007-08 Plan Fiscal 2008-09 Plan $5,134,882 (included transfer of $2,800,000 in bond proceeds) $2,798,677 $2,385,928 $2,819,200 $2,810,800 $2,823,700 $2,847,900 $ 0 Seven- Year Program Authorization Ends 9/30/08 12 America's Gateway to the Gulfstream As established in 200 I, 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 A venue. 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 Corridor. Currently, there does not appear to be a statutory provision for such fees. However, the adoption ofthe 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 of the 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 req~ire 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. lbis 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 America's Gateway to the Gulfstream 13 station configuration as follows: SE Fire Station (new at South Federal Highway near Woolbright) I SW Fire Station (new but relocation from Congress/Golf to Woolbright near Congress) I NE Fire Station (new at Gateway and High Ridge) I CBD Yz station (refurbished or new) Yz NW Fire Station #3 (existing at Miner and Congress) I Congress Corridor Station (new and shared with NE station at Gateway and High Ridge) I The major development changes are the CBD area redevelopment and the Congress Avenue 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 Intracoastal Club House Library Construction Congress Avenue Park Greenway/Bikeway Land Jaycee Park Improvements Nautica Park Improvement Pioneer Park Boat Ramp th 7 Avenue Open Space SE Neighborhood Park Wilson Center and Pool Street Maintenance Improvements Wayfindin"g Signs RR Crossing Upgrades Golf Course Irrigation Control $1,000,000 $1,900,000 $6,600,000 $ 500,000 $ 200,000 $1,100,000 _ $ 75,000 (note printed budget shows $25K - needs to be increased due to lack of full funding from County. $ 100,000 $ 110,000 $ 575,000 $3,774,000 $ 325,000 $ 130,000 $ 76,000 $ 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. 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CZOb ~!l]67' )>0)0 r- $ o " " m ;0 m z () m )> en en m en enl m. o. ~ ~; o r- - (laC ~ )> c o -f C 0-_ mo.: )> Z- ZQoC Z.., ... C;;. )>0,( '"'tJ)> D'10n Cen:Z: Om~ G')o, m-ro -fs<~ ~> - r- S; (i) m ~\1"~~."" \ ~~( . ) vi:>, .. >/~(J ,>. /.' 10 ,,;;)" III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a 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 Citv 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) D September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17,2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31, 2005 (Noon) OJ ---\ ~ Administrative D Development Plans .-.. , D D ef) NA TURE OF Consent Agenda New Business {-n -"\J AGENDA ITEM D Public Hearing D Legal \ r~ D Bids D Unfinished Business -c D Announcement D Presentation ...;:... D - cD City Manager's Report .. ::.:2,"'\ (...) ;:Jy"" cr> cnc; ::C RECOMMENDATION: Proclaiming the week of October 3 through October 7, 2005 as National Customer Service Week in the City Of Boynton Beach. EXPLANATION: As an organization dedicated to serving the public, the City Of Boynton Beach fully supports the ideas and practices embodied in the attached proclamation declaring National Customer Service Week. Special events scheduled during this week will remind our customers how important they are to all of us. PROGRAM IMPACT: We, as a City, can positively impact all of our customers by continually striving to improve our level of Customer Service. FISCAL IMPACT: None AL TERNA TIVES: None M tYA'Depa~~~- Jl-~ City Manager's Signature Utilities Department Name ~~ ~ City Attorney / Finance / Human Resources xc: Peter Mazzella (w/attachment) Tony Penn File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC An entity built on customer service understands and anticipates the customers' needs. It designs goods and services to meet those needs and builds products that perform to customers' expectations. The City of Boynton Beach strives to deliver services to its citizen customers in such a manner, with an emphasis on quality and innovation. The City endeavors to be responsive, cooperative, and culturally and environmentally sensitive to its citizen customer, while embracing the highest standards of integrity and accountability to those it serves. The U.S. Congress proclaimed National Customer Service Week a national event in 1992 to create a positive message that lasts all year long and to provide a productive opportunity to generate an even stronger ongoing commitment to customer service excellence. National Customer Service Week provides the City of Boynton Beach and area businesses the opportunity to recognize and thank the employees who dedicate themselves to customer satisfaction and to recognize and thank the customers who are the reason for their existence. This celebration also offers the public the opportunity to recognize and thank those customer service professionals who serve them. The theme of this year's National Customer Service Week is " I Put My Customers First" There is continued effort at the City of Boynton Beach in achieving excellence in service, products and environmental quality through people, teamwork and innovation. Customer service professionals can go a long way in ensuring customer satisfaction. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim October 3-7,2005 as "National Customer Service Week" in Boynton Beach, Florida, and urge all citizens to observe this week with appropriate programs and activities. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 20th day of September in the Year 2005. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) G:\NCSW\NCSW Proclamation Letter Oct 3-7 200S.doc V. ADMINISTRATIVE ITEM A. APPLICANTS ELIGIBLE FOR APPOINTMENT 09/20/05 LAST FIRST 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATlON NAME NAME SUBMITTED Allard John Recreation and Parks 9/13/05 Bd. Andrea William Veterans Adv Bd 9/19/05 Barnes Matthew Community Redev. Planning and 7/27/05 Agency Development Bd Black Cheryl Education Advisory Bd 9/13/05 Boruck Morris Veterans Adv Bd 9/16/05 Broenig Gerald Planning & Community 4/11/05 Development Board Development Agency Emery Greg Veterans Adv Bd 8/29/05 Ferreira Maria Education Advisory 9/1/05 (STU) Board Fitzpatrick Michael Planning & 2/25/05 Development Board Gavlick Stanley Veterans Adv. Bd. 9/16/05 Goldgeier Larry Veterans Adv. Bd. 9/16/05 Grcevic Sharon Planning and 12/20/04 Development Board Jones Gerald Veterans Adv Bd 9/19/05 Kaiser Thomas Veterans Adv. Bd. 9/16/05 Kull William Veterans Adv. Bd. 9/19/05 Lender Wayne Community 1/28/05 Redevelopment Aqency Liebensohn Marvin Veterans Adv. Bd. 9/16/05 McKinzie Lester Veterans Adv. Bd. 9/16/05 McMahon James Recreation & Parks Planning & 1/8/05 Board Development Board Milano Angelina Veterans Adv. Bd 9/19/05 Nemes Marilyn Veterans Adv Bd 9/19/05 Richman Nubia Recreation & Parks Arts 8/18/05 Board Commission Thompson Ann Employees Pension Firefighters Police Officers' 9/16/05 Board Pension Trust Retirement Fund Trust Fund Washington Karl Veterans Adv Board 9/19/05 Zimmerman Robert Veterans Adv. Bd. 9/16/05 :IIUo3:39/""M JAP 9/19/2 S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 09 06.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.l 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) rgJ September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31,2005 (Noon) 0 Administrative 0 Development Plans NATURE OF rgJ 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: A motion to award the "PURCHASE OF ONE (1) NEW & UNUSED 1250 KW GENERATOR", BID#047-2821-05/CJD, to Standby Systems, Inc. of Melbourne, Florida, in the amount of: $220,511.00. EXPLANATION: On July 20, 2005, seven (7) proposals were opened in Procurement Services. All proposals were reviewed and it was determined that Standby Systems, Inc. of Melbourne, Florida was the most responsive bidder who met all specifications for the Baldor 1250 KW generator, tank mounted, with a protective enclosure. The low Bidder CJ's Sales and Service however as indicated on the Tabulation Sheet were not responsive to all submitfaJ requirements. Kofi Boateng, Utilities Director concurs with this recommendation (see attached memo #05-10~';-:r ,.rr -''J ""- PROGRAM IMPACT: The purpose of this bid was to procure a generator set, 1250 KW new and to the best.industty~: standard of construction and design that would be set in a weatherproof enclosure, and to include a transfefSwitcor' . ,:<J FISCAL IMPACT: BUDGET ACCOUNT#: 405-5000-590-96-02, WTR131 Procurement Services EXPENDITURE: $222 City - '. '/ "'''''',"'"';0-. ~~I'r;";' CJ..... I l'i'l";"':::' .'? -.:;:: ~~ Assistant to the Finance Director - <...""; S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC John Reynolds - Chief Operator Utilities File Memorandum Utilities # 05-105 RECEIVED AUG 1 5 2005 PROCp~ERVICES To: Mary Munro Asst. to Finance Director From: ~~~ti~~~~r~~tor k'4- A~ ~- Date: August 11, 2005 Subject: Bid # 047-2821-05/CJD 1250-KW Generator Agenda Item We have reviewed the seven (7) bids received for the standby 1250KW emergency generator for the East Water Treatment Plant. Generators of this size are used to power the East Water Treatment Plant and the Administration building in the Utility Department. The lowest priced bidder appears to be non-responsive; they did not submit all documents required with the bid package. The next lowest priced bid appears to meet all specifications and took no exception to any of the specifications. Consequently we recommend the bid be awarded to Standby Systems, Inc. of Melbourne, Florida in the amount of $220,511.00 for the Baldor 1250KW Generator, tank mounted, with protective enclosure. Funds are available for this purchase in account # 405-5000-590-96-02, WTR131. Please present this recommendation to the Commission for their approval. If additional information is needed, please contact John Reynolds at extension 6433. 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III 0 :J n: :J -< C. f[ 3. 0 o. ~ .:J 50 iil VI.-CONSENT AGENDA ITEM B.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 Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2,2005 July 18, 2005 (Noon.) rgJ October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon) rgJ September 20, 2005 September 6, 2005 (Noon) 0 November IS, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF rgJ 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 ') ~-.1 RECOMMENDATION: (/) '-1 Motion to approve the purchase from Dell Computer a new server for CAD/RMS system at a cost of$12,004.75 ~d from QED $9,000.00 to upgrade and migrate the database. ':'J ,.... EXPLANATION: :~ ,-j In 2002 we purc~ased a RS6000 system to run CAD and back-end InFo~x Database. Since that time we h~~e ~ate4\ :::: to a web-based dIspatch and records management system. We are outgrowmg the RS6000 system, thus reqUlrmg a~argen~ . .'. "'-Jll system. Dell Computer m on state contract # 250-000-03-01. QED IS our current suppher and only authorIZed ve6l:lbr ~-) '1';> of the software. W . ill ~ PROGRAM IMPACT: This replacement will allow the upgrade to a faster processor and allowing for future growth. FISCAL IMPACT: Federal Forfeiture Fund 691-5000-590-04-23 $21,004.75 ALTERNATIVES: Continue to use Ider equipment and not upgrade to new software. ~-- City anager's Signature Police Department Name ~ ~ Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Chief Immler DATE: SUBJECT: REFERENCES: ENCLOSURES: I 08/31/2005 FILE: CADIRMS Server Purchase FROM: Doug Solomon Please let this memo serve as justification for the use of Federal Forfeiture funds for the purchase of a new server with which to run our CAD/RMS System. Attached to this memo is a quote from Dell for the server and required peripherals. Originally our CAD system ran on just on system, an RS6000. This system, purchased in 2002 not only ran the CADIRMS program, but also housed the back-end Informix Database where everything was stored. Since that time, we have gone to Web-based Dispatching and Records Management. This has required us to run our Web interface from a Windows Based Intel server, and make a database connection into the Informix Database. While thus far this has worked fairly well, there are inherent problems with this configuration. · Because the Web server makes requests to the database via the network response times for users, particularly Dispatch can be slow. This is especially true during peak hours of the day. Having the database and the Web Server on the same system would improve system performance dramatically. · This configuration also makes the CADIRMS system immobile, so in the case of an emergency situation, such as a hurricane, it cannot be easily moved to another location, such as an EOC. · With this configuration, we are also required to keep 24/7 support in place on two systems. · While top of the line at the time of the purchase, the existing system lags far behind current technology. · The current configuration is not recommended by our CAD/RMS vendor for optimal performance. Technical Services recommends the purchase of a Dell PowerEdge 2800 server. Some of the advantages of this include: · Increased reliability and performance. · Proposed configuration would provide us with both the horsepower and disk space for the next 4-5 years. · Purchase price includes 3 year Gold Support, including "On Demand Engineer Dispatch Severity 1". Having this type of support will allow us to reduce the maintenance we currently pay on our existing system from 24/7 to prime time, since it will no longer house mission critical applications. · System will be much more "portable", so it can be relocated to the EOC in case of an impending hurricane. · Having the system on a Windows based platform will also put us into a better position to eventually utilize off the shelf packages that will allow us to "mirror" the system. Mirroring will allow us to place an additional server at the EOC that will automatically replicate from the live server, basically allowing us to move immediately to the EOC and have a live system to work off of with no loss of continuity. In addition to the cost of the hardware is a one time charge of $9000 to have our CADIRMS vendor (QED) install the database and move all the data over to the new system. That quote is also attached to this memo. Page I of2 DELL QUOTA TION Date: 8/31/059:58:20 AM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: t -H :A"'- 241499238 861622 N3005 NASPOIWSCA # A63307 8/31/05 CITY OF BOYNTON BEACH 90~ D.) , ..s"'TI<1'T C> _ ( . ~ c TOTAL QUOTE AMOUNT: $12,004.75 Product Subtotal: $12,004.75 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 I QUANTITY: 1 SYSTEM PRICE: $12,004.751 GROUP TOTAL: $12,004.75 Base Unit: 3.0GHz/2MB Cache, Xeon, 800MHzFront Side Bus for PowerEdge 2800 (221-7965) Processor: 3.0GHz/2MB Cache, Xeon, 800MHzFront Side Bus, 2nd processor For PowerEdge 2800 (311- 4815) Memory: 4GB DDR2 400MHz (2X2GB) Single Ranked DIMMs (311-3603) Keyboard: No Keyboard Option (310-3281) Monitor: Dell E773S Monitor, 17 inch (16.0 Inch Viewable), Gray PEl PESC (320-2907) Hard Drive: 73GB,U320,SCSI,1IN 10K;PE2800 (341-1287) Hard Drive Controller: Embedded RAID - PERC4 Embeddedlntegrated (341-1475) Floppy Disk Drive: 1.44MB Floppy Drive (341-1307) Operating System: Windows 2000 Server download SP4 wI Windows 2003 Std ServerMedia Kit (420-4925) Mouse: Mouse Option None (310-0024) NIC: Dual On-Board NICS ONLY (430-8991) TBU: PV110T, L T02-L Tape Backup 200/400GB, HH, w/Controller Internal (341-2535) CD-ROM or DVD-ROM Drive: 24X IDE CD-ROM (313-2700) Sound Card: Tower Bezel for PE2800 (313-2699) Speakers: 2X4 Split Backplane,PE2800 (311-4064) Documentation Diskette: Electronic Documentation and Open Manage CD Kit, PE2800 (310-5476) Additional Storage Products: 73GB,U320,SCSI,1IN 10K;PE2800 (341-1287) Controller Option: Controller Card,SCSI,39160, InternaIlExternal,U3,Low Voltage Differential (340-2191) Feature MR1MR5/N Split Backplane Drives att. to PERC4ei, RAID 1 RAID 5 (341-1340) Feature Tower Chassis Orientation for PE2800 (310-5467) Service: Premier Enterprise Support - Complex Resolutions w/AdvancedSoftware Support. 3 Pack _ Exp. 3 Years (950-0117) Service: Premier Enterprise Support Service Gold Welcome Letter (310-3785) Service: Premier Enterprise On Demand Engineer Dispatch Severity 1 Three Years (970-0237) Service: Type 2 Contract-5ame Day 4-Hour 7x24 Parts and Labor On-site Response,lnit Year (902-8700) Service: Type 2 Contract-5ame Day 4-Hour 7x24 Parts and Labor On-site Response,Two Years (902-7142) Service: Premier Enterprise Support - Gold - Premium Services, 3 Years (902-7332) Installation: On-Site Installation Declined (900-9997) Mise: Redundant Power Supply, No Y-CORD for PE2800 (310-5562) file:/ /C: \Documents%20and%20Settings\solomond.BBPD\Local %20Settings\ T emporary%... 8/3112005 Page 2 of2 Mise: 146GB,U320,SCSI,11N 10K;PE2800 (341-1288) Mise: 146GB,U320,SCSI,1iN 10K;PE2800 (341-1288) Mise: 146GB,U320,SCSI,11N 10K;PE2800 (341-1288) Mise: Tape Media for L TO-2, 200/400GB, 5 Paek (340-8693) Mise: Tape Media for L TO-2, 200/400GB, 5 Paek (340-8693) Mise: Tape Media for L TO-2, 200/400GB, 5 Paek (340-8693) SALES REP: Barbara Harber PHONE: 1-800-981-3355 Email Address: Barbara harber@dell.com Phone Ext: 7243012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at WWW.dQ1lcom/quotQ This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee file:/ /C: \Documents%20and%20Settings\solomond.BBPD\Local %20Settings\ T emporary%... 8/3112005 City of Boynton Beach, FL Upgrade Q.E.D. Scope of Services 1. Summary Q.E.D. will provide on site services and software to transition The City of Boynton Beach's Q.E.D. Public Safety database software from the existing RISC 6000 computer to a new DELL server to be provided by the City of Boynton Beach. The software to be provided will be the latest release of Informix Software for the Windows platform. The City of Boynton Beach will be responsible for acquiring the new hardware. The cost associated with Q.E.D.'s services will be: Q.E.D. services to transition to the new platform $7,500 $1,500 Travel and Expenses Total Quote $9,000 2. Scope of Services Who Task Description 1. Q.E.D. System Configuration Guide Q.E.D will develop and provide a "System Setup Guide and Specifications" for the tasks below. This document will serve as reference to the hardware vendors setup. It is a set of guidelines and system setup specifications for adding filesystems (size and mount points), configuring disks, setting up swap space, etc. 2. Q.E.D./Boynton Beach System Install - Load Operating System, software patches, and any other system software. - Disk formatting and file system configuration. - Cabling existing and additional devices - terminals, printers, modems. - Install UPS on new computer. Console terminal and printer setup. *Q.E.D will provide Technical Assistance to the Field Engineer doing the system install. 3. Boynton Beach Backup File systems on the server Final back-up on each file system. No changes should be made to any of these file systems. Q.E.D. will assist. 4. Q.E.D. Customize Operating System and Environment - sysadm Add Users defaults. - Add special user IDs (qed, uqed). 5. Q.E.D. Informix Loading - Acquire latest release of Informix IDS for Windows - Load Informix Software products - Transition data to new server and database 6. Q.E.D. Direct File system migration 7. Q.E.D. Acuity Installation - The appropriate Acuity versions will be installed on the new system. - Geoprocesor, CAD and others will be refreshed. - System is then tested against original applications 10. Q.E.D. Users and Security - Add all users to the Q.E.D. system. - Assign application menu to users. - Validate application security. 11. Q.E.D. System Manager Review 12. Q.E.D./Boynton Beach Re-Organize Tape Backup Operations CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetina Turned in to City Clerk's Commission Meetina Dates Turned in to City Clerk's Office Dates Office 0 August2,2005 July 18, 2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16. 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005(Noon) 0 November 1, 2005 October 17, 2005 (Noon) ~ September 20.2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31,2005 (Noon) NATURE OF AGENDA ITEM o Administrative ~ Consent Agenda o Public Hearing o Bids o o . .' Announcement o o o o o Development Plans New Business .:. -.j Legal Unfinished Business Presentation U) p.l -;] I crt :t::. ~ ... '"." . ,'.., -.-.. "_..J"' ". ---. ..;.."~ ';';co a ~"- r'Tj '1..... RECOMMENDATION: Staff recommends Commission approval by Resolution R05-_ the followifig c~~s to the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP): -,- City Manager's Report 1. Increase the local maximum purchase price for existing homes and new construction from $155,000 and $170,000 respectively to $280,462 for both, to adjust automatically with the Florida Housing Finance Corporation periodically, and, 2. Increase the Maximum funding award for the income eligible households to ./ $75,000 for very low and low income households, and ./ $50,000 for moderate income households, with ./ The cost of lot awards to be excluded from the maximum award amount, but included in the mortgage encumbrance EXPLANATION: In order to maintain the continuity of the City's First Time Homebuyer Program with that of Palm Beach County's program, the City Of Boynton Beach's LHAP would reflect the above changes in accordance with the County's program which was submitted and approved at the Board of County Commission's July 1ih meeting. PROGRAM IMPACT: This strategy would further enable the City to expend the funds in a timely manner as required by the state, as well as continue to enable first time homebuyers to afford to purchase homes. FISCAL IMPACT: The continuance in assisting first time homebuyers with housing affordability. The City Of Boynton Beach will continue to attract and keep moderate income families within the City limits. ALTERNATI~ . . U~ De . en ea 's Signature Department of Development Community Improvement Division Department Name S:\Community Improvement\Agenda Requests\2005\CC 9-20-05 SHIP HSG COSTS.doc II 1 RESOLUTION R05- Ill'! 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE CHANGES 5 TO THE CITY OF BOYNTON BEACH'S STATE 6 HOUSING INITIATIVES PARTNERSHIP (SHIP) 7 PROGRAM LOCAL HOUSING ASSISTANCE PLAN 8 (LHAP); AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, in order to maintain the continuity of the City's First Time 12 Homebuyer Program with that of Palm Beach County's program, the City of Boynton 13 Beach's LHAP would reflect the above changes in accordance with the County's program 14 which was submitted and approved by the Board of County Commissioners; and 15 WHEREAS, this strategy would further enable the City to expend the funds in a 16 timely manner as required by the State, as well as continue to enable first time homebuyers 17 to afford to purchase homes; and 18 WHEREAS, upon the recommendation of staff, the City Commission deems it to 19 be in the best interests, safety and welfare of the citizens and residents of the City of 20 Boynton Beach to approve the changes to the City of Boynton Beach's State Housing 21 Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP). 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are true and correct and are 25 hereby ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, 27 hereby approve the changes to the City of Boynton Beach's State Housing Initiatives 28 Partnership (SHIP) Program Local Housing Assistance Plan (LHAP. S:\CA\RESO\SHIP Hurricane Housing Assistance Plan (CHANGES).doc " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of September, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\SHIP Hurricane Housing Assistance Plan (CHANGES).doc STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM 90% OF MEDIAN AREA PURCHASE PRICE Source: Revenue Proclamation 2004-18 - U.S. Department of Treasury LOCAL GOVERNMENT NEW EXISTING JACKSONVILLE, FL (MSA) $ 247,500.00 $ 247,500.00 MONROE COUNTY, FL $ 332,466.00 $ 332,466.00 MIAMI-FORT LAUDERDALE-MIAMI BEACH, FL. (MSA) $ 280,462.00 $ 280,462.00 NAPLES.MARCO ISLAND, FL (MSA) $ 254,250.00 $ 254,250.00 SARASOTA-BRADENTON-VENICE, FL (MSA) $ 226,350.00 $ 226,350.00 ALL OTHER AREAS $ 189,682.00 $ 189,682.00 *Source: Revenue Proclamation 2004-18 ~ROM : H FH:N::: NO. 5516554075 Jlug, ,~~ .2005.0~,.: 1,3f!J,!,,2,.... ", . - . '.~ ':0' r:Y 12, 2005 / REGULAR AGENDA C. COUNTY ATTORNey (Confd) 2. Staff recommends motion to approve: an amended Agreement for support services with de laParte & Gilbert, PA (R200&-0484). SUMMARY: The amended Agreement allows the law finnot de /a Parte Be Gilbert, P.A. to provide support services related to the litigation in the consolidated cases styled, In:" ~~~I Imorovement District. an Indeoendent Special District. Plaintiff. v. Palm Be8____tv. Case No. 50 2005 CA 000965 XXX)( MB AN, in the Fifteenth Judicial Circuit Court in and for Palm Beech County, Florida; City of West Palm Beach. ~~~nici:~' Co~=: s:'~ Imo~ovement ~~t. an IndeDendent Soecial O' : an_allery~_GroL-,f..: a Florida Limited Partnershio v. Palm ~ C;;~ty, Case No. 502004 CA 012091 XXXX MB AB, in the Fifteenth Judicial Circuit Court in and for Palm Beach County, Florl~a; ~m Beac~ ~ounty. a :~ica~~u~~sio~ of ~e sta: of ~Ori~~.~i1~~~ ~el"nat~ a M::;;;lPA1 Co~o n I, ,..... da. ~,"oleLDro e!!L _lStri_~ Soeciallm~rovement District ~i the Stat~ of Aori Case No. 50 2004 CA 01.0492 XXXX MB AF, In the Rfts9nth Circuit Court in and for Palm Beach County, Florida. Th~ Agreement revises the effective date to begin on March 15. 2005. the date that wor1c began on the consolidated cases, and increases the noHo-exceed amount tor payment from $75,000 to $150,000. Countvwide (ATP) . . D. MOUSING AND COMUUNrrv DEVELOPMENJ 1. Staff recommend. motion to adopt: a Resolution approving the Eighth Amendment to the SHIP Local Housing Assistance Plan for Fiscal Years 2001 through 2004. SUMMARY: The SHIP Local Housing Assistance Plan (LHAP) for Rscal Years 2001 through 2004, currently contains price limits for the purohase of newly-constructed and existing housing units at $200,000, and $180,000 respectively. The maXimum purchase price limit presently in place for both newly constructed and eXisting housing units as established by the State's FlOrida Housing Finance Agency is $280.462. In' response to escalating housing prices, and in order to betler prOvide assistance to eligible program participants, the Commission on Affordable Housing Advisory Committee (CAHAC) dUring its May 26, 2005 regular meeting recommended that the LHAP limits be raised to the State's aforesaid $280,462 limit, and that thereafter, the LHAP limits be automatically adjusted as the Florida Housing Finance Agency adjUsts its limit from time to time. By allowing the Commission on Affordable Housing to automatically adjust to the State's established amount, future submissions of agenda Items to make lHAP adjUstments of these limits will be avoided. Countywide (TKF) E. PLANNING. ZONING "BUILDING TIME CERTAIN 2:15 P.M. 1. Title: The Creation and Preservation of Attainable Housing. SUMMARY: This is the second in a series of presentations to provide infonnation and receive BeC direction on methods to increase the inventory of attainable housing units. In order to create more attainable housing, three components must be considered: 1. Availability and cost of land. 2. Financial assistance. 3. Entities with the ability to build and maintain and/or manage the units. Countvwide (RB) 47 VI.-CONSENT AGENDA 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18,2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) [g1 September 20,2005 September 6,2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans -.- _. ' NATURE OF 0 Consent Agenda 0 New Business :r,~~" AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business c.:' t\.,) 0 Announcement 0 Presentation 0 City Manager's Report ;'..) RECOMMENDATION: 1...:) Motion to pre-approve and authorize signing by the City Manager of Agreements for Water Service Outside the City Limits, for all of the properties located within the Prestwick Estates subdivision, an existing subdivision on private wells. Prestwick Estates will soon be installing potable water lines installed for connection to the City of Boynton Beach's water distribution system. qG: .-rrj ;~? ::::~ . .'C} EXPLANA TION: This subdivision includes 21 single-family homes, 20 of which are currently on private wells for their water supply, and septic tanks for their on-site sewage treatment and disposal. Of the 20 homes on wells, 19 homeowners are requesting water service agreements at this time as shown on the attached spreadsheet. In order to facilitate the processing of water service agreements and connection of all homes within the subdivision, the Utilities Department is requesting this pre- approval by the City Commission for all properties located within the Prestwick Estates subdivision, thereby allowing the individual agreements from each homeowner to be reviewed and processed administratively. Those agreements determined to be complete and satisfactory will subsequently be signed by the City Manager. PROGRAM IMPACT: The Prestwick Estates Homeowners Association is responsible for the bidding and construction of the water line improvements to be constructed in this subdivision, and it will manage the project. Utilities Department inspectors will inspect all new construction to assure that all standards are met. FISCAL IMPACT: None. Prestwick Estates will fund all costs for this project. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC /iv'-\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: None. his su dl ision is within the Utilities service area. i~~ City Manager's Signature Utilities Department Name ~ ~ City Attorney / Finance / Human Resources xc: Peter Mazzella (w/copy of attachments) Michael Rumpf, Planning & Zoning Paul Fleming File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II I RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENTS FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANTS FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND RESIDENTS OF THE 9 PRESTWICK ESTATES SUBDIVISION IN CONNECTION 10 WITH THE CONSTRUCTION OF A WATER SERVICE 11 DISTRIBUTION SYSTEM WITHIN THE SUBDIVISION; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the Prestwick Estates subdivision is located outside of the City limits, but 16 within the water and sewer service area of the City of Boynton Beach, Palm Beach County, 17 Florida, as more particularly depicted in the attached Exhibit "A"; and 18 WHEREAS, the subdivision includes 21 single-family homes, 20 of which are 19 currently on private wells for their water supply, and septic tanks for on-site treatment and 20 disposal of sewage; and 21 WHEREAS, Prestwick Estates is funding and will soon be installing potable water 22 lines for connection to the City of Boynton Beach's water distribution system; and 23 WHEREAS, the City Commission of the City of Boynton Beach finds it to be in the 24 best interest of the City to authorize the City Manager to administratively review and process in 25 accordance with applicable sections of the City's Code of Ordinances, the water service 26 agreements that will be necessary for those single-family homes in Prestwick Estates 27 connecting to the City's water distribution system; 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA \RESO\Agreements\Water Service\Prestwick Est Global Water Service Agmts.doc " I 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 City Manager is hereby authorized and directed to administratively 5 review, approve, and execute Water Service Agreements between the City of Boynton Beach, 6 Florida, and the individual owners of the single-family residents located within the Prestwick 7 Estates subdivision, as depicted in the attached Exhibit "A". Prior to execution of a water 8 service agreement pursuant to this Resolution, City staff must determine that the application 9 and water service agreement are complete and satisfy applicable sections of the City's Code of 10 Ordinances, and the City Attorney's Office must approve the legal form of the water service 11 agreement. 12 Section 3. This Resolution shall become effective immediately upon passage. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 PASSED AND ADOPTED this _ day of September, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Attest: Commissioner City Clerk S:\CA\RESO\Agreements\Water Service\Prestwick Est Global Water Service Agmts.doc . ,,~.__._,.,_'~_______"4___---:_" o o ... to. o ~ to. o .. .. to. o to. o to. o .. o to. . a:; ~ It) 0> N N II .!: 0 .. 0 to. c.. I ~.. 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E .s:::. ro '..... I l/l ~'ro . u. . ~ I ..x '.- ::l ..x aU 0..1 ~ u.i. = . ~ ' ::l .-. Ie::> ()~. I ro ' I. "V . ~ '~ "V I ro :E -l/lo, ~I"O I ~ ~ ~ ~: ~ I> I _ -l_ '. 0> -5 i -S :g [iii ~ ~ '_ .- 1 0 ...... - U - 0''-' -e '0 ro'''''' .-. - '. ..... .... .C ~ I ro :. c 1.- . ' '....... I ~ I' C .-. ~ ~ ~ I;:: : (5 , 0.. o. ~ z B C9~! 5l1~' N >- ~.oo ~ ~11.g ...- ._-~ '-5~ I'E ,7J I- - ""''':I~ ~ 0 ..... > ..... - ~.-.s:::. .-'> ~ >-1 >- W j ~! C C ~ ~. ro :;.2 ro [ E . c- z a.. ....... I> < ~, ~ iii .s:::.E ~ .Q :g lliO ~ CI) > 0 I ~ - ci -I ~ I ~::l g ._ ro "'" ~! ~ II- ,.s:::. ~ C "",'vl~ 1(0' ~ ..:::: >- a..R, ro JY ..:::: ~,~~ ro, ~ > ._ b ~! :r: W (5 0.. ro Z CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.3 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) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) ~ 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: Approve and execute two originals, via a Resolution, the Interlocal Agreement between Palm Beach County and the City to assist in the removal of invasive non-native vegetation in the Congress A venue Community Park site. EX PLANA TION: The Palm Beach County Board of Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with the removal of invasive non-native vegetation from publicly owned lands. The nine prohibited invasive non-native plant species include Air Potato, Austrailian Pine, Brazilian pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca and Queensland Umbrella Tree. The Recreation and Parks Department has been awarded a $5,000 grant to remove invasive non-native plant species at the Congress Avenue Park site. The City must enter into a project agreement to receive the grant award. The City will have until July 3,2006 to complete the project. This will be contracted out. PROGRAM IMPACT: Certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the City, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures. Both Rolling Green (Hester) Scrub/Ezell Hester Park and Leisureville/Woolbright Place, have benefited greatly from this opportunity. The Congress Avenue Community Park site will be the third project site to take advantage of this grant-funded program. The invasive non-native vegetation in the park will be treated and removed for aesthetic purposes. FISCAL IMPACT: The grant award requires the City to provide a 50% cash match; $5,000 has been designated in the FY200SI06 Capital Improvement Plan for small-scale park improvements. ::'nt and fn,fdt fu, grnnti~ City Manager's Signature Recreation and Parks Department Name ~- City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 RESOLUTION ROJ:.IS/ 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 AN INTERLOCAL AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PALM BEACH 7 COUNTY FOR THE REMOVAL OF INVASIVE NON- 8 NATIVE PLANT SPECIES IN THE CONGRESS 9 AVENUE COMMUNITY PARK SITE; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, Palm Beach County Board of Commissioners has established and 13 funded a grant program to financially assist municipalities and other public agencies with 14 the removal of invasive non-native vegetation from publicly owned lands; and 15 WHEREAS, the Recreation and Parks Department has applied for and has been 16 awarded a $5,000 grant to remove invasive non-native plant species at the Congress Avenue 17 - Park Site; 18 WHEREAS, staff has reviewed the Interlocal Agreement, a copy of which IS 19 attached hereto and made a part hereof; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. Section 2. Upon recommendation of staff, this Commission does hereby 25 26 authorize execution of this Interlocal Agreement between the City of Boynton Beach and 27 Palm Beach County, which Agreement is attached hereto and made a part here. 28 Section 3. That this Resolution shall become effective immediately upon S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Congress).doc 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II :1 31 ! passage. PASSED AND ADOPTED this _ day of September, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Congress).doc INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH, FLORIDA DISTRICT 3 This Interlocal Agreement (hereinafter "Agreement") is made the day of ,200_, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocuitures; and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS, the nine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page 1 Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 - PAYMENTS TO GRANTEE/REIMBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed $5,000.00, provided the Grantee completes the removal project as described in Exhibit A, and meets the estimated match requirement of $5,000.00 as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County grants and replacement planting with vegetation native to Florida. Costs related to in-kind services (e.g., planning & design) shall be limited to salaries and fringe benefits. Only those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program. The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the Page 2 County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 3323 Belvedere Road, Building 502, West Palm Beach, FL 33406-1548, which will indicate that the expenditures have been made in conformity with this Agreement and send the payment request to the County's Finance Department for final approval and payment. The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 - AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. S. In the event the Grantee maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. Page 3 D. When requested, the Grantee shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 3323 Belvedere Rd., Bldg. 502, West Palm Beach, FL 33406-1548. E. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under this Interlocal Agreement. ARTICLE 5 - INDEMNIFICATION: Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the County's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the County, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - WARRANTY /PERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EQUAL OPPORTUNITY PROVISION: The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, Page 4 disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The final report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports within the specified time frame will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed Page 5 on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). ARTICLE 11- EFFECTIVE TERM/TERMINATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until July 3, 2006, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406 (561)233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager during the term of the Agreement is identified as: Jody Rivers, Parks Superintendent City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6226 Fax: (561) 742-6090 All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 ARTICLE 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 17 - ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that Page 7 this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 - COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on February 25,2003. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. CITY OF BOYNTON BEACH, FLORIDA, BY ITS COMMISSION PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS By: Jerry Taylor, Mayor Date By: Richard E. Wale sky, Director Date Environmental Resources Management ATTEST: By: Janet Prainito, City Clerk Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: James Cherof, City Attorney Page 8 City of Boynton Beach Congress Avenue Community Park Palm Beach County 2005-2006 Public Lands Grant Program Invasive Non-Native Vegetation Removal Proiect Applicant: Jody Rivers, Parks Superintendent Recreation & Parks Department City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6255 q PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM INVASIVE NON-NATIVE VEGETATION REMOVAL ADMINISTRATIVE INFORMATION Project Title: Congress Avenue Community Park Contact Person: Jody Rivers Contact Title: Parks Superintendent Contact Agency: City of Boynton Beach Contact Mailing Address: P, 0, Box 31 0 City: Boynton Beach Contact Phone: 561-742-6226 Zip: 33435 Contact E-mail: riversj@ci.boynton-beach.fl.us PROJECT INFORMATION Arrount of Grant Request: $5,000.00 Total Project Cost: $10,000.00 Matching Funds Available? If yes, describe the specific sources and amounts: Yes, $5,000.00 in matching funds are available in the Capital Improvements Program for FY2005/06. Estimated Project Start Date: January 2006 Estimated Project Completion Date: April 2006 Minimum Criteria Description Describe. in detail. in the space provided. how this project meets each of the sbc (6) minimum criteria. !f more space is required. please al/ach a separate page and note question number. 1. Project must be submitted by a qualified applicant and must be designed to rerrove one or rrore of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). Brazilian pepper, Earleaf acacia, Old-world climbing fern and melaleuca will be removed from this site. 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. The project site is owned by the City of Boynton Beach and is maintained as greenspace, reserved for future park use. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. This project is not a required mitigation project. lO Public Lands Grant Program Application - Project Title: Congress Avenue Community Park Page 2 Minimum Criteria Description - Continued 4. Project applicant must have financial means for perpetual follow-up maintenance. Describefo//ow-up schedule andfunding source for perpetual maintenance This site is currently maintained by the City's Parks Division and will continue to be maintained by this Division. Maintenance is funded in the City's General Fund. 5. Planting/restoration plan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category I or II plant species (see www.f1eppc.org for most current list). The site will not be replanted at this time. The City is preparing this site as part of a future park plan. 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. Describe funding source for match and how match will be used. A $5,000.00 or (50%) match is in the City's Capital Improvement Program. The match will be used with the grant to pay a contractor to remove Brazilian pepper, Earleaf acacia, Old-world climbing fern and melaleuca from this site. 7. Project cannot involve the clearing of native vegetation for maintenance purposes. No native vegetation will be removed for maintenance in this project. Project Location Description . Describe project location, nearest cross streets, property type (natural area, open space, easement.. .J, property use, property owner, agency(s) with management' , responsibility. Include natural area description if applicable. ..Allach a site plan showing the project elements along with a general location map and an aerial photo ~f the project vicinity. Maps should be no greater than 11 .. x 17. .... Congress Avenue Community Park site is located on South Congress Avenue, adjacent to the City of Boynton Beach Tennis Center at 3111 South Congress Avenue. The water area with the invasive non-native vegetation is on the northeast section of the property, along Congress Avenue. The second area targeted is along the west portion of the property. Please see the attached general location map and ortho map. Include Project Location X, Y Coordinates in State Plane NAD 1983: X: 953397.96 Y: 786922.25 l \ Public Lands Grant Program Application - Project Title: Congress Avenue Community Park Page 3 Detailed Project Description This description is to answer information for scoring the applications by the judging committee and for compliance with the minimum grant criteria. Must include project location description, targeted invasive non-native plant species, acreage of infestation. scope ofworlc. will the work be preformed in-house or contracted out (if contracted out, describe contract pricing). method of removal (mechanical. herbicides. hand pulling...). project milestones, and replanting species. Project Location Description Congress Avenue Community Park is located along South Congress Avenue, a very busy thoroughfare in our City. The park is a natural area and undeveloped at this time, but future plans connect this parcel to our Tennis Center (adjacent property to the north) and develop a public park. The pond provides habitat for wading birds and small animals. Native plant communities and wildlife habitat will benefit form the removal of exotic non-native vegetation. The Parks Division currently maintains this site and will implement an ongoing maintenance program for the project site that targets invasive non-native vegetation. Targeted Invasive Non-native Plant Species Brazilian pepper, Earleaf acacia, Old-world climbing fern and melaleuca Acreage of Infestation The eastern most area (Area1) is 98% native species, less than 5 % is earleaf acacia and brazilian pepper.The western most area (Area 2) is 95% earleaf acacia. Total acrage of infestation is approximately ,02 acres. Scope of Work Work will be contracted out. The City will refer to the contractors on our bid list who are approved to perform this type of work. Contractors on the bid list have been approved based on an hourly rate. Invasive non-native plants will be removed by hand pulling and mechanical means. We will remove approximately 46 SF around the perimeter of the pond (Area 1) and 783 SF in the western area of the site (Area 2), The City's Parks Division will implement an on-going maintenance program for the project area that targets invasive non-native plants, :: , Project Milestones * An educational notice will be sent to neighboring residents and on display at the adjacent Tennis Center describing the invasive non-native vegetation being removed and the benefits to be derrived from this cooperative project by November 2005. * Contractor will be selected by December 2005. * Project will commence in January 2006. * Project will be completed by April 2006. Replanting Species We do not plan to replant at this time. \~ Public Lands Grant Program Application - Project Title: Page 4 Congress AVE"nup r.ommnnity PRrk Project Narrative Provide any additional information that describes how the proposed project will meet each of the Jud!!in!! Criteria noted in the application guidelines. The goal of this project is to target removal of Brazilian pepper, Earleaf acacia, Old-world climbing fern and melaleuca from the Congress Avenue Community Park pond and grounds. Follow up monitoring and maintenance of the site by the City is available in perpetuity. The City has the required 50% match available in our Capital Improvement Program and is ready to commence the project upon the execution of the grant agreement with the Board of County Commissioners. Project Budget Provide a proposed budget imicatillg how gram funds will be utilized alld where the matching fullds will be a1locl1led CATEGORY OF EXPENDITURE AMOUNT MA TCHING FUNDS Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Rerroval related Costs $ 5,000.00 $ 5,000.00 -'- Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ $ TOTAL GRANT AGREEMENT $ 5.000.00 5 000.00 Submit 10 copies and 1 original to the following address: Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. s;""c:]ccL:J Q .~ Print Na e: J~dy Rivers Title: Parks Superintendent Date: . May 27,2005 Public Lands Grant Program Coordinator Palm Beach County Dept. of Environmental Resources Management 3323 Belvedere Road, Bldg. 502 West Palm Beach, FL 33406 /3. of . ~ .e- 'i -= EI ~ EI ~ 0= U = uS ::I = = ~ ~ Q <= ~'"" ~ Q ~,e. 1:lAl._ Su U l4 > I- - Z ::Ja.. ~<C ~~ Oz 00 w_ :)1- ZcC wo >0 cC...I CI)~ (l)D:: Wcc D::a. C) Z o o !;6 aJRJSJaJua "CI (I:l Cl a:: - .= = .;: .a C; ~ anuaAV S5aJ fiuo:) lS . a; Olo u..o (0 N (:) lc.) . (0 o -$-. II Palm Beach County Public Lands Grant Program 2005 Congress Avenue Community Park "Before" Photos Brazilian Pepper - Area 1 {6 Palm Beach County Public Lands Grant Program 2005 < :!" " ."',,, '-' J~ ',' . ;::'- "~~'.;" Earleaf acacia - Area 1 11 Palm Beach County Public Lands Grant Program 2005 Brazilian Pepper - Area 2 l~ Palm Beach County Public Lands Grant Program 2005 Earleaf acacia - Area 2 \q Palm Beach County Public Lands Grant Program 2005 \~ ~ft ~-l Melaleuca - Area 2 ~o Palm Beach County Public Lands Grant Program 2005 Old-world climbing fern - Area 2 ~l EXHIBIT B PAYMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R -- DATE OF REQUEST: PERFORMANCE PERIOD: AMOUNT REQUESTED:$ MATCHING REQUIRED:$ GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period] AMOUNT OF THIS MATCHING FUNDS CATEGORY OF EXPENDITURE REQUEST Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ $ Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ $ TOTAL GRANT AGREEMENT $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number Exhibit B, Page 1 of 1 ~;:2. ('~-." '-? "\i '. ! ,\" ~,/ 0 r/~'",;:<,~ ,,,,,,,",,,,\;"<}~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VI.-CONSENT AGENDA ITEM C.4 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 0 August 2, 2005 July 18,2005 (Noon) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) [8J September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8J 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: Recommend approval of Collective Bargaining Agreement between the City and the International Association of Firefighters, Local 1891. EXPLANATION: This is a three-year agreement that becomes effective October 1,2005 and expires on September 30, 2008, PROGRAM IMPACT: This document addresses issues of pay, benefits, and working conditions for the City's Firefighters, FISCAL IMPACT: The economic considerations have been discussed in Executive Session with the elected officials, S: Do . ~rove this Agreement and continue the negotiation process, ,,/ J!,I? OJ- ~~ artment Head's Signature City Manager's Signature William L. Bingham ~/ Department Name Fire Rescue ~.':;'16 City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 August 2, 2005 0 August 16,2005 0 September 6, 2005 [g] September 20,2005 July 18,2005 (Noon.) o October 5, 2005 o October 18, 2005 o November 1,2005 o November 15,2005 September 19,2005 (Noon) August 1,2005 (Noon) October 3, 2005 (Noon) August 15, 2005 (Noon) October 17, 2005 (Noon) September 6, 2005 (Noon) October 31, 2005 (Noon) NATURE OF AGENDA ITEM o Administrative [g] Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Recommend approval of Collective Bargaining Agreement between the City and the International Association of Firefighters, Local 1891. EXPLANATION: This is a three-year agreement that becomes effective October 1,2005 and expires on September 30, 2008. PROGRAM IMPACT: This document addresses issues of pay, benefits, and working conditions for the City's Firefighters, FISCAL IMPACT: The economic considerations have been discussed in Executive Session with the elected officials. /;..a~rove this Agreement and continue the negotiation process. J2/;l.? OJ-- artment Head's Signature William L. Bingham City Manager's Signature Department Name Fire Rescue ., ---"'~i~6 City'Attorney / Finance / Human R~~ources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION R05- J5J.. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1891 FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2008, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the International Association of 16 Firefighters, Local 1891 have successfully concluded negotiations for a three (3) year 17 contract; and 18 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 19 and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to ratify the Agreement and 22 execute the same; and 23 24 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 28 ratified and confirmed by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby ratify the Agreement between the City of Boynton Beach and the International 31 Association of Firefighters, Local 1891 for the period of October 1, 2005 through 32 September 30, 2008, and authorizing and directing the Mayor and City Clerk to execute S:\CA\RESOlAgreements\CBA Ratifications\IAFF 05-D8.doc II the Agreement, a copy of said agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution will 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 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) S:\CA\RESO\Agreements\CBA Ratifications\JAFF 05-D8.doc October1, 2005 - September 30, 2008 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS, IAFF LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC Ratified by Union Ratified by Commission Final 10/01/05 IAFF '\:::J1- CITY MJJtf Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Final 10/01/05 TABLE OF CONTENTS Title Paqe Preamble... ... ... ... ... ... ... ... ...... ... ... ... ... ....... 1 Recognition.................... .............. . . .. . . . . . . . . . . . . . . 2 Discrimination................................................ 3 Payroll Deduction of Dues...................... ...... ... 4 Union Business............................................... 5 Representation of the Union............................ 7 Representation of the City........................ ...... 8 Rules and Regulations.................................... 9 H 0 u rs of Work.. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. . . . .. . . .. .. . . . ... 1 0 Working Conditions............................. ... ... ..... 11 Uniforms and Safety Equipment...................... 12 Physical Exams & Immunizations.................... 15 Group Insurance/Drug-Free Workplace............ 17 Operator's Insurance...................................... 20 Wages... ... ... ... ... ...... .............. ... '" .,. ... ... ....21 Overtime and Call back................................. 27 Exchange Time...............................,............... 28 Sick Leave.................................... . . . . . . . . . . . . . . . . 30 Compassionate Leave............................ .. . ..... . 34 Vacation...................................................... 35 Personal Time.............................................. 37 Holidays...................................... ... ... ... ... ... ... 38 Court Time..................................,................. 40 Working Out of Classification................. ... .. . 42 Education...................................................... 43 Educational Incentive......................................44 Medical Certification.......................... ... ... ....... 45 Licenses & Registration Fees.......................... 47 Seniority List................................................ 48 Vacancies and Promotions.............................. 50 Longevity............... .........,......................... 51 Bu lIetin Boards...........................................,... 52 Notification and Distribution........................ 53 Grievance Procedure................................... 54 Prevailing Rights................................. ... ... ... 57 Savings Clause................................. '" '" '" ... 58 Appendices, Amendments & Additions......... 59 Successors................................... .. " . .. . . " . . . 60 Compensatory Time... ... ... '" '" '" ... ... ... ..... 61 Management Rights,..... ... ... ...... ... ... '" ... ... 62 Supplemental Retirement Insurance........... 64 Duration 66 Signature Page.......................................... 67 IAFF ~ CITY ttrP- ADDENDA ADDENDUM "A" Post Accident Drug and Alcohol Testing Policy Page 68 ADDENDUM "B" Wages-2005-08 Page 71 ADDENDUM "c" Tuition Refund Program I Rules Page 74 ADDENDUM "D" Career Ladder and Promotional Criteria Page 82 PREAMBLE Section 1. This Agreement is entered into by and between the City of Boynton Beach, hereinafter referred to as the "City", and the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 , of the International Association of Fire Fighters, hereinafter referred to as the "Union". Section 2. It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences that may arise and to establish proper standards of wages, hours and other conditions of employment. 2005-2008 1 IAFF 'Dk-- CITY ~. ARTICLE 1 RECOGNITION Section 1. The City hereby recognizes the Union as the sole and exclusive bargaining agent for all employees of the Fire Rescue Department except Chief of the Department, Deputy Chiefs, Battalion Chiefs*, Fire Marshal, Assistant Fire Marshal, Fire Inspectors, Staff Members hired under personal appointment contracts, and clerical personnel. *A Effective 10/01/07, rank of Battalion Chief will be recognized and covered by this collective bargaining agreement, pending unit clarification from the Public Employee Relations Commission (PERC). Section 2. This recognition will be for the purpose of bargaining with the City with respect to wages, hours of work, and all other terms and conditions of employment. 2005-2008 2 IAFF~. CITyj;-;{ ARTICLE 2 OISCRIMINA TION The City agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Union. 2005-2008 3 IAFF~ CITY~ ARTICLE 3 PAYROLL DEDUCTION OF DUES Section 1. The City agrees to deduct, once each pay period, dues and assessments in an amount certified to be current by the Treasurer of the Union from the pay of those employees who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month, by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for 30 days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of $100.00 per contract year. Section 2. Any employee may revoke his/her dues deduction by forwarding their intentions to the Union Treasurer in writing. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation. 2005-2008 4 IAFF -JYL- CITY ~ ARTICLE 4 UNION BUSINESS Section 1. UNION BUSINESS Up to two officers of the Union or their designees shall be granted time off without loss of pay to attend Union functions, not to exceed ten (10) shift days per contract year, provided it does not affect the operation of the Fire Rescue Department. Five of the ten shift days (24 hours) may be used in 2 to 12 hour increments, provided the leave is approved by the Shift Commander. Section 2. UNION TIME POOL A. Between March 1 and March 15, 2003 and between September 1 and September 15 of each subsequent year, bargaining unit members shall be permitted to donate hours of accrued vacation or comp time to be banked and subsequently used to permit designated union representatives to attend Union functions. Donations to this Union Time Bank shall be made by any bargaining unit member on a voluntary basis and on a designated submittal form. All donated time will be calculated and banked on an hour-to-hour basis. An accurate list of those employees donating to this time bank shall be maintained by the Union, a copy of which will be provided to the Deputy Chief of Operations. Only those employees donating time shall be eligible to work in the_absence of a Union Representative who is benefiting from this article. It shall be the Union's responsibility to coordinate with Management the provision of coverage and 2005-2008 5 IAFF~ CITY -/AlJ/ replacement of Union Representatives attending an approved}unction. B. All requests to use this time are subject to daily staffing requirements and must be approved by the Shift Commander. Up to two Union Representatives may be allowed time off and each must follow departmental procedure when applying for time off described in this section. 6 2005-2008 IAFF~ CITY IJ}f ARTICLE 5 REPRESENTATION OF THE UNION The membership of the Union shall be represented by the President of the Union or by a person or persons designated in writing to the City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1. The President of the Union, or the person or persons designated by said President shall have full authority to conclude a collective bargaining agreement on behalf of the Union subject to a majority vote of those bargaining unit members voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position of association with the union, shall be deemed unauthorized, and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representative of the Union. 2005-2008 7 IAFF~ CITY~ ARTICLE 6 REPRESENTATION OF THE CITY The City shall be represented by the City Manager or a person or persons designated in writing to the Union by the City Manager. The person designated shall have full authority to negotiate an agreement on behalf of the City. It is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no authority or weight in committing or in any way obligating the City. 2005-2008 8 IAFF ~ CITY W ARTICLE 7 RULES AND REGULATIONS Section 1. The Union agrees that its members shall comply with all Fire Rescue Department rules and regulations, including those relating to conduct and work performance. Section 2. The City may adopt, change and modify rules and safety regulations necessary for the safe, orderly and efficient operation of the Fire Rescue Department as provided in this Article. Section 3. A Committee on Rules and Regulations shall be established for the Fire Rescue Department. This Committee shall be comprised of six (6) members, three (3) appointed by the City and three (3) appointed by the Union. This committee shall be charged with the duty of reviewing the published and proposed Fire Rescue Rules and Regulations and issuing advisory opinions to the Fire Chief. This Committee shall meet at least quarterly. Whenever the City changes work rules or issues new work rules, the Committee will be given at least fourteen (14) calendar day's prior notice, absent any emergency, before the effective date. 2005-2008 9 IAFF~ CITY {up ARTICLE 8 HOURS OF WORK Section 1. All employees covered under this Agreement presently working a 40-hour workweek shall be scheduled 40 hours per week upon agreement between the Union and Fire Chief. Section 2. All shift employees covered under this Agreement shall work a 48- hour workweek, i.e., 24 hours on duty, 48 hours off duty with a 24-hour "Kelly Day" off duty during the 21-day work schedule. The twenty-four (24) hours on duty will be from 7:30 a.m. to 7:30 a.m. the following day. Section 3. It is agreed that neither the Union nor the City will propose for negotiations a reduction or increase in the 48-hour workweek for a period of time corresponding to the term of this Agreement. Section 4. Based upon the special needs of the service and the public, shift employees may, voluntarily, on a temporary basis, be assigned by the Fire Chief or his designee to a 40-hour work schedule in order to accomplish special projects or special assignments. 2005-2008 10 IAFF -..tIt- CITY ~ ARTICLE 9 WORKING CONDITIONS Section 1. Fire Rescue personnel may be needed at any time to fight fires and/or render emergency medical care. But, to do so effectively, they need to be constantly prepared. The safety of our citizens depends as much on the fire fighters' ability to maximize the effectiveness of their equipment, as it does on the fire fighters' willingness to risk their lives to protect the lives and property of others. They must be ready to respond immediately to an alarm. Continuous training and equipment maintenance are required to ensure that the desired optimum response effectiveness is attained. Section 2. The Union pledges to support and participate in training, equipment maintenance, fire prevention programs, emergency medical service programs, and public education programs which have as their goal the increased efficiency of the City's fire protection and emergency medical service. Section 3. The City and the Union agree that employees will not be required to perform any task not related to their normal job description, other than routine station maintenance. Routine station maintenance shall be defined as any type of maintenance that is done on a scheduled basis, such as window cleaning, kitchens, living facilities, vehicles and safety equipment. 2005-2008 11 IAFF ~___ CITY !JlY; ARTICLE 10 UNIFORMS AND SAFETY EQUIPMENT Section 1. The City shall supply Fire Rescue Department personnel with uniforms, on an as-needed basis, provided through the warehouse. The issue will include - uniform shirts, uniform pants/shorts, jumpsuit, ball caps, T-shirts, Last Resort Belt, shorts, work jackets, job shirts, and patches as needed. Current placement of patches will apply. One (1) pair of boots or safety shoes and one pair of dress shoes, on an as-needed basis, will be issued. Department personnel will be provided with an option to purchase shoes or boots of their choice, providing that the shoes/boots comply with department safety and uniform guidelines and that a receipt be provided for reimbursement. The amount to be reimbursed will not exceed $125.00, the difference borne by the employee. Uniforms may be acquired on an "as-needed" basis through "quarter-master" system with the following being the general guidelines for quantities each fiscal year: 2 ea. uniform shirts (Class A) 1 ea. Class A tie 1 ea. uniform pants (Class A) 1 ea. Jumpsuit 3 ea. Uniform pants/shorts (Class B) (EMS pants) 3 ea. polo shirts 1 ea. ball cap 1 ea. Lightweight waterproof shell jacket 1 ea. pair of approved black boots or safety shoes 1 ea. pair of dress (Class A) shoes 12 2005-2008 IAFF~ CITY-l$ 2 ea. shorts 3 ea. T-shirts 2 ea. Long-sleeve tee shirts 1 ea. job shirts 1 ea. Last Resort belt with buckle Wide-brimmed hat Specialty patches as required New employees shall receive the above listed allocation. Section 2. The City shall provide members of the Technical Rescue Team the following specialized uniform components and safety equipment. A. Dark navy blue mil-spec SOU pants constructed from 65% polyester/35% cotton Rip-Stop material. Technical Rescue Team members will receive 2 pair of the above SOU pants and 2 pair of standard EMS pants. S. One long sleeve extra-heavy duty Nomex jump suit with extra velcro or zipper closing pockets, reinforced knees and elbows and reflective tape. Section 3. All fire fighting safety equipment, as determined by Fire Rescue Department regulations shall be furnished by the City. The title to such equipment shall remain with the City. If standards of fire fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection Association (NFPA) recommended. If the Fire Fighter needs a replacement of fire fighting safety equipment, he/she shall submit such request in writing through the chain of command. The Fire 2005-2008 13 IAFF _~ crTY~ Rescue Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement is needed, the City shall have a maximum of four (4) weeks to replace the item, unless extenuating circumstances exist. The City shall notify the employee of the extenuating circumstances and of the approximate time the replacement item will arrive. Section 4. The City shall arrange for the repair or replacement of an employee's uniform, work clothing, prescription optical aids, watches or dentures which become damaged or lost, through no fault of the employee, while the employee is performing firefighting/ rescue duties, responding to emergency operations or when conducting training functions scheduled by the department. The City shall be exempt from payment for those amounts that are paid by Workers' Compensation. The request for repair or replacement must be submitted within three (3) months from the date of the occurrence. Section 5. Personnel may be responsible for expenses incurred in replacing lost, misplaced or damaged safety gear and clothing due to personal negligence, or intentional misuse, subject to review and recommendation to the Fire Chief by the Labor Management Team. Section 6. All Fire Rescue Department issued uniforms and equipment will be used exclusively while on duty or at scheduled departmental sanctioned events as determined by the Fire Chief. 2005-2008 14 IAFF bk:-- CITY W1Y ARTICLE 11 PHYSICAL EXAMS & IMMUNIZATION Section 1 A. The City shall provide a thorough physical examination, for each permanent member of the Fire Rescue Department. The exam will be conducted in accordance with N.F.P.A. 1582. Appointments for those examinations will be made by the Fire Rescue Department administration and will correspond with the employee's on-duty time. B. It is the responsibility of the employee to ensure that the physical exam, as noted in Section 'A", and all necessary follow-up testing be completed in a timely manner, as scheduled. Failure to do so, due to the importance of certification of fitness for duty, will result in the employee being placed in an unpaid leave status until such time as the full exam process is completed. Employees will be given opportunities to schedule appointments and/or associated medical tests while on duty. Section 2. The City shall provide for any immunizations or medical treatment as needed for protection from cuts or exposure to disease suffered in the line of duty. Section 3. Immunization A. The City shall provide an immunization schedule during the life of this Agreement for all members as a means of protection from the 2005-2008 15 IAFF -tPc-- CITY~ following: B. Hepatitis - Type B: Members who refuse to be immunized for Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. C. Hepatitis - Type A: Offered to members of specialized teams involved with a high risk of exposure (i.e. Dive Rescue, USAR, Confined Space), as defined in N.F.P.A. 1582. Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. D. The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. Section 4. It shall be mandatory for the City to notify the employee when documentation exists that the employee was significantly exposed to a communicable disease in the line of duty only after such documentation is brought to the attention of the City. If an employee contracts a communicable disease as listed in Section 112.181 of the Florida Statutes, then it shall be presumed that the employee contracted that disease while on duty, except as stated in Article 11, Section 3-A and 3-B. Record keeping and notification of known exposures shall be as required by Chapter 112.181 Florida Statutes (Ch. 95-286, 1995). 16 2005-2008 IAFF ~ CITY ~ ARTICLE 12 GROUP INSURANCE Section 1. A. Medical Insurance: The employee cost of all insurance premiums for the City's principal medical insurance shall be borne by the City. Types of coverage currently in effect shall not be reduced. All policies shall be reviewed annually and modifications to the insurance plans may be made which benefit both the City and the employees. B. If the Union determines that it can provide more economical coverage than the City's principal medical insurance, the union may bargain for a dollar amount per bargaining unit member to be applied to insurance secured through the Union. The City agrees to re-open this section for negotiations at the discretion of the Union during the term of this contract. The Union will provide a minimum of thirty (30) days notice if it intends to exercise its right to re-open this section for negotiation. Section 2. Life Insurance: Members of the bargaining unit shall be covered by the same $10,000 term life and accidental death policy provided by the City to all employees. Members of the bargaining unit shall also be provided with an additional $25,000 term life and accidental death policy with the premium paid by the City. 2005-2008 17 IAFF ~ CITY~ Section 3. Dental Insurance: The City will pay the premium for the employees and $7.00 per month of the premium for dependent family coverage. Section 4. Fiscal Responsibility. Both the City and the Union understand that the costs associated with providing additional benefits for employees have significantly increased over the past several years. It is the intent of the City and the Union to work together in order to find acceptable ways to reduce the City's expenses associated with providing additional benefits for employees. Section 5 A. DruQ-Free Workplace. Both the City and the Union recognize that substance abuse is a widespread problem within our society. The Union will assist Fire Rescue Department employees in obtaining assistance and treatment, if alcohol and/or substance abuse are apparent. The Union endorses the Drug Free Workplace Policy of the City of Boynton Beach, and will cooperate fully with the City to continue with the implementation and enforcement of the policy. B. The policy and procedures for Post Accident Drug and Alcohol testing is in effect and outlined in the attached Addendum "A". Section 6. The City agrees, that for a full-time firefighter who is killed in the line of duty as per F.S.S. 112.191 (2)(f) or suffers a catastrophic injury, as defined in F.S.S. 440.02(37) and provided for in F.S.S. 112.191 (2)(g), or partially or totally disabled as provided for in F.S.S. 112.18, the City shall pay the 18 IAFF~ CITY. 2005-2008 entire premium for the employer's health insurance plan for the injured employee, the injured employee's spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support, or the child is a full-time or part-time student and is dependent for support. The term "health insurance plan" does not include supplemental benefits that are not part of the basic group health insurance plan. If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried, and for the dependent children under the conditions outlined in this paragraph. 2005-2008 19 IAFF ~ CITY ~. ARTICLE 13 OPERATOR'S INSURANCE Section 1. The City shall defend and hold harmless any employee covered by this Agreement, except any employee under the influence of alcohol, habit forming drugs, or malicious driving, who is sued as a result of any accident while on duty using City equipment. Section 2. The City shall not assign any voluntary off-duty services from bargaining unit employees where such service(s) will involve any direct duty related work such as firefighting or emergency medical services. This Article does not prohibit employees from volunteering their off-duty time to participate in events which have, as their ultimate goal, activities such as public education or public relations for the Fire Rescue Department, provided however that such volunteer service does not waive an employee's coverage under the provisions of Section 1 of this Article. 2005-2008 20 IAFF ~ CITY~ ARTICLE 14 WAGES Section 1 A. Effective October 1, 2005, the salary ranges for the job classifications covered by this Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefighter Prob 14P 48 $14.7330 $36,771.96 Firefi hter 1 14 48 $15.4690 $38,610.56 $19.7540 $49,304.11 $23.9980 $59,897.65 Firefi hter 2 15 48 $16.2430 $40,541.09 $20.7020 $51,671.81 $25.1980 $62,892.53 Firefi hter 3 18 48 $17.0550 $42,568.14 $21.7560 $54,302.65 $26.4580 $66,037.16 Lieutenant 23 48 $18.4840 $46,135.35 $25.0490 $62,521.23 $31.6140 $78,907.11 Ca tain 26 48 $19.4080 $48,442.12 $26.3010 $65,647.29 $33.1940 $82,852.47 Battalion Chief 28 48 $20.3790 $50,864.23 $27,6160 $68,929.66 $34.8540 $86,995.09 CERTIFICATION INCENTIVE PAY Paramedic $3.00 Over Hourly Base Rate ($7,488.00 annual rate) Technical Rescue $0.48 Over Hourly Base Rate ($1,198.08 annual rate) NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 40 $17.6790 $36,771.96 Firefi hter 1 14 40 $18.5630 $38,610.56 $23.7040 $49,304.11 $28.7970 $59,897.65 Firefi hter 2 15 40 $19.4910 $40,541.09 $24.8430 $51,671.81 $30.2400 $62,892.53 Firefi hter 3 18 40 $20.4660 $42,568.14 $26.1070 $54,302.65 $31.7490 $66,037.16 Lieutenant 23 40 $22.1810 $46,135.35 $30.0590 $62,521.23 $37.9370 $78,907.11 Ca tain 26 40 $23.2900 $48,442.12 $31.5620 $65,647.29 $39.8330 $82,852.47 Battalion Chief 28 40 $24.4540 $50,864.23 $33.1400 $68,929.66 $41.8250 $86,995.09 Paramedic Technical Rescue CERTIFICATION INCENTIVE PAY $3.60 Over Hourly Base Rate ($7,488.00 annual rate) $0.576 Over Hourly Base Rate ((1,198.08 annual rate) 2005-2008 21 IAFF~ CITY /)J}f Section 1 B. Effective October 1, 2006, the salary ranges for the job classifications covered by this Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 48 $15.3000 $38,186.96 Firefi hter 1 14 48 $16.0650 $40,096.31 $20.4930 $51,149.43 $24.9210 $62,202.54 Firefi hter 2 15 48 . $16.8680 $42,101.13 $21.5180 $53,706.90 $26.1670 $65,312.66 Firefi hter 3 18 48 $17.7110 $44,206.18 $22.5930 $56,392.22 $27.4760 $68,578.30 Lieutenant 23 48 $19.1950 $47,910.66 $26.0130 $64,927.08 $32.8300 $81,943.49 Ca tain 26 48 $20.1550 $50,306.19 $27.3130 $68,173.10 $34.4720 $86,040.66 Battalion Chief 28 48 $21.1630 $52,821.50 $28.6790 $71,582.10 $36.1950 $90.342.69 CERTIFICATION INCENTIVE PAY Paramedic $3.00 Over Hourly Base Rate ($7,488.00 annual rate) Technical Rescue $0.48 Over Hourly Base Rate ($1,198.08 annual rate) NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 40 $18.3600 $38,186.96 Firefi hter 1 14 40 $19.2770 $40,096.31 $24.5910 $51,149.43 $29.9050 $62,202.54 Firefi hter 2 15 40 $20.2410 $42,101.13 $25.5530 $53,706.90 $31.4010 $65,312.66 Firefi hter 3 18 40 $21.2530 $44,206.18 $27.1120 $56,392.22 $32.9710 $68,578.30 Lieutenant 23 40 $23.1340 $47,910.66 $31.2150 $64,927.08 $39.3960 $81,943.49 Ca tain 26 40 $24.1860 $50,306.19 I $32.7760 $68,173.10 $41.3660 $86,040.66 Battalion Chief 28 40 $25.3950 $52,821.50 $34.4150 $71,582.10 $43.4340 $90.342.69 CERTIFICATION INCENTIVE PAY Paramedic $3.60 Over Hourly Base Rate ($7,488.00 annual rate) Technical Rescue $0.576 Over Hourly Base Rate ((1,198.08 annual rate) 2005-2008 22 IAFF 'Ve--- CITY 1# Section 1C. Effective October 1, 2007, the salary ranges for the job classifications covered by this Agreement are as follows. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 48 $16.0070 $39,951.96 Firefi hter 1 14 48 $16.8070 $41,949.56 $21.4440 $53,513.55 $26.0730 $65,077.54 Firefi hter 2 15 48 $17.6470 $44,047.04 $22.5120 $56,189.23 $27.3770 $68,331.41 Firefi hter 3 18 48 $18.5300 $46,249.39 $23.6380 $58,998.85 $28.7460 $71,747.98 Lieutenant 23 48 $20.0830 $50,125.09 $27.2150 $67,928.41 $34.3480 $85,730.91 Ca tain 26 48 $21.0870 $52,631.34 $28.5760 $71,324.40 $36.0650 $90,017.46 Battalion Chief 28 48 $22.1410 $55,262.91 $30.0050 $74,890.62 $37.8680 $94,518.33 CERTIFICATION INCENTIVE PAY Paramedic $3.25 Over Hourly Base Rate ($8,112.00 annual rate) Technical Rescue $0.48 Over Hourly Base Rate ($1,198.08 annual rate) NON-SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefi hter Prob 14P 40 $19.2080 $39,951.96 Firefi hter 1 14 40 $20.1680 $41,949.56 $25.7280 $53,513.55 $31.2880 $65,077.54 Firefi hter 2 15 40 $21.1770 $44,047.04 $27.0140 $56,189.23 $32.8520 $68,331.41 Firefi hter 3 18 40 $22.2360 $46,249.39 $28.3650 $58,998.85 $34.4950 $71,747.98 Lieutenant 23 40 $24.0990 $50,125.09 $32.6580 $67,928.41 $41.2170 $85,730.91 Ca tain 26 40 $25.3040 $52,631.34 $34.2910 $71,324.40 $43.2780 $90,017.46 Battalion Chief 28 40 $26.5690 $55,262.91 $36.0060 $74,890.62 $45.4420 $94,518.33 CERTIFICATION INCENTIVE PAY Paramedic $3.90 Over Hourly Base Rate ($8,112.00 annual rate) Technical Rescue $0.576 Over Hourly Base Rate ((1,198.08 annual rate) 23 2005-2008 IAFF tIL CITY w Section 2. A. Effective October 1, 2005, October 1,2006 and October 1,2007 each member of the bargaining unit shall receive a wage adjustment consistent with the increase in pay ranges identified in Section 1 (A, B, and C). B. Effective April 1 , 2006, April 1 , 2007, and April 1 , 2008, a wage adjustment of up to 5% will be provided based on performance appraisal, unless the employee has reached their maximum salary cap, as noted in Section 1. Employees who reach and exceed the maximum salary cap shall receive no base-wage adjustment, but will receive a lump sum payment equal to the amount they would receive based on the criteria included herein. This lump sum payment shall be considered a_salary disbursement included in W-2 holdings for the purpose of pension calculations. C. The table in Addendum liB" will be used as an administrative guide to wage adjustments and wage increases at annual evaluations and/or promotions through the ranks. Section 3. A. In the event an employee receives a less than satisfactory performance evaluation during any annual evaluation period, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, at which time the employee will be re-evaluated. In the event an employee receives a satisfactory or greater 2005-2008 24 IAFF \jL CITY {;)jQ performance evaluation, then that employee shall be granted the wage adjustment on the first full payroll after the completion of ninety (90) days. The employee's denial of a wage adjustment shall continue in ninety (90) day increments each time an employee receives a less than satisfactory performance evaluation. B. In the event an employee has five (5) or more occasions of use of sick leave during any annual evaluation period, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, during which it will be determined if the employee has had more occasions of use of sick leave. In the event an employee does not have an additional occasion of use of sick leave, then that employee shall be granted the wage adjustment on the first full payroll after the completion of ninety (90) days. The employee's denial of a wage adjustment shall continue in ninety (90) day increments each time an employee has one or more additional occasions of use of sick leave. Section 4 Employees at, or above, the maximum of their respective range, upon ratification of this agreement and with consideration to Article 26, Section 3, Medical Certification, will remain at their current salary, and will receive a wage adjustment in the form of a lump sum payment equal to the amount they would receive based on the criteria included herein. This lump sum payment shall be 2005-2008 25 IAFF '?IL-- CITY -1J('Y considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. Section 5. Any changes in the performance appraisal instrument will be made by the Labor Management Team. 2005-2008 26 IAFF~ CITYJ;JJ6 ARTICLE 15 OVERTIME AND CALL BACK Section 1. Call Back: Call back is defined as any time an employee is called into work when the employee is off duty, or when the work time is not contiguous with the employee's assigned shift. In the event of call back, the employee shall be paid for the actual time worked but not less than two (2) hours at a rate of pay one and one-half (1 1/2) times the employee's hourly rate inclusive of Certification Incentive Pay. The procedure for "Call-Back" will be in accordance with Labor/Management Team guidelines. The Chief can waive the above provisions if he/she believes the situation warrant. Section 2. Overtime: Overtime is defined as any time an employee is required to stay longer than his/her assigned 24-hour shift by his/her supervisor. Overtime shall be paid at the rate of one and one-half (1 1/2) times the employee's hourly rate inclusive of Certification Incentive Pay. Employees who are in a duty status less than ten (10) minutes either before their shift or after their shift will not be eligible for overtime pay. Employees who are in duty status for ten (10) minutes or more either before their shift or after their shift must be so only with their supervisor's approval in order to be eligible for overtime pay at the overtime rate. Section 3. Employees who are renewing certificates, or who are attending classes not required by the Chief or his/her designee, will not be compensated. 2005-2008 27 IAFF -#- CITY CJ;r- ARTICLE 16 EXCHANGE TIME Section 1. A. Employees covered by this Agreement may exchange their working shift or shifts and exchange their off-duty day or days with other employees. The shift officers of the employees who are exchanging time, shall not permit the exchange if it affects the normal operation of work, if call back is required, or if step-up pay is required. Exchange time shall require at least twenty-four (24) hours notice to the Shift Commander except in the event of an emergency to the employee when the exchange of that employee does not affect the normal operation of that shift(s). B. Shift exchanges submitted prior to eight weeks (56 days) in advance will be tentatively approved. Upon 56 days in advance of the scheduled shift exchange, the exchange will automatically receive final approval unless the employee has been notified of a necessary cancellation. Any cancellation of a shift exchange will be in writing and received by the affected employee prior to the 56-day time frame. Section 2. For the purposes of this article, the ranks of Firefighter 1, Firefighter 2 and Firefighter 3 shall be referred to as "Firefighters" and Lieutenants and Captains shall be referred to as "Officers". Firefighters may only exchange time 28 IAFF~ 2005-2008 CITY tfl7t with other firefighters, and officers may only exchange time with other officers, with the only exception being that Firefighter 3's may also exchange time with Lieutenants. 29 2005-2008 IAFF l)(~ - CITY {# ARTICLE 17 SICK LEAVE Section 1. Any employee incurring a non-duty sickness or disability shall receive sick leave with full pay provided the employee has accumulated hours. Employees covered under this Agreement shall be allowed twelve hours of sick leave per each month of service from their first day of employment, and shall continue to do so as long as they are employed. Unlimited accumulation of sick leave is authorized. Employees who have more than two hundred forty (240) hours of sick leave as of April 1 of the current year, may request to transfer, no later than April 1st, up to one hundred (100) sick leave hours to vacation leave hours provided that accumulated sick hours shall not drop below 240 hours as a result of the transfer. Transfer of this time will be credited to the employee's vacation bank during the month of April. Section 2. Upon termination or retirement, unused sick leave shall be compensated at the rate of one-half (1/2) the total number of hours accumulated. 2005-2008 30 IAFF~ CITY --LJf'5 Section 3. For every consecutive six-month period elapsing since the employee's last sick occurrence, shift employees shall receive 24 hours vacation time and 40-hour employees shall receive 16 hours vacation time. The employee shall be responsible for requesting within sixty (60) days of the end of the six-month period so that the time can be added to his/her vacation. Section 4. Employees covered under this Agreement will be required to provide a doctor's certificate which will include the date the employee was examined, the date he/she is medically cleared to return to work and under what restrictions the employee may return to regular and/or light duty if they are absent and take sick leave for more than two (2) continuous full shift days. Section 5. SharinQ Sick Leave A. It shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick/vacation time. B. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. 2005-2008 31 IAFF ~ CITY~ C. When there appears to be a need to share sick leave in accordance with this Section, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirmed through the Finance Department that the hours are available and submit the list to the Human Resources Office for proper charge to sick leave records. Time used will be used in the order listed on the appropriate form supplied by the Union Steward. D. Any donated sick time will not reflect as sick time taken by the employee; therefore, donated sick leave will not be counted against an employee's sick leave record. Section 6. Employees who call in sick, may return to work during the remainder of their shift if they feel capable of performing their work duties. An employee who returns to work after calling in sick, must use a minimum increment of 12 hours of sick leave before they may return to work. Employees who leave work during shift due to illness must remain out for the remainder of the shift. Section 7. LiQht Duty. Employees may return to work with a Light Duty Certificate and/or a letter completed as set forth in Section 4 of this Article from their physician, provided there is work available within the Department, and that work would comply with the doctor's requirements. Availability of light duty assignments will be determined by the Fire Chief. 2005-2008 32 IAFF ~~ CITY~ Section 8. Permanent employees that have exhausted their accumulated sick leave and are still unable to return to work may draw against their annual leave account (vacation time). Such request must be made to the Fire Chief by the employee, who in turn must notify the Human Resources Director on the appropriate form. Section 9. No more than five (5) working days, or forty (40) hours, whichever is greater, in any calendar year, may be taken for forty (40) hour employees, and two (2) shift days for shift employees, as sick leave because of illness within the immediate family. In the case of a prolonged, serious illness within the family, an employee may be approved for additional family sick leave only if authorized by the Fire Chief, the Human Resources Director, and the City Manager. For the purpose of this Section, a doctor's letter must be submitted and the "immediate family" shall consist of the employee's spouse, parents, children, or any family member residing with the employee for which the employee is the primary care giver. Employees requesting this family sick provision for other than the immediate family shall provide Administration with verifiable proof of primary care giver status prior to the use of this provision. 2005-2008 33 IAFF~ CITY~ ARTICLE 18 COMPASSIONATE LEAVE Section 1. In the event of the death of a family member of an employee, the employee shall be granted one (1) shift day leave on a day of the employee's choosing within two (2) weeks of the death. The employee shall be granted two (2) consecutive shift days leave on the days of the employee's choosing within two weeks of the death, if out of state travel for interment is required. "Family member" is defined as the employee's spouse, mother, father, stepfather, stepmother, foster parents, foster child, stepchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, spouse's grandparents, grandchildren, brother, sister, son or daughter. Verification of the death must be supplied to the City Human Resources Office. Section 2. Employees benefiting from this article are responsible for providing a verifiable written notice of death (i.e. obituary or copy of death certificate), to the fire department payroll clerk, within 30 business days of the last date of compassionate leave. Failure to do so will result in the rescission of previously paid leave, providing due process is followed with regard to disciplinary action.:. 2005-2008 34 IAFF~ CITY w ARTICLE 19 VACATION Section 1. The following plan outlines the vacation leave policy for both the 40-hour employees and the Fire Rescue Department shift (48-hour) employees. Vacations will be picked on a seniority basis and can be taken in increments of 12 or 24 hours, one shift at a time. Section 2. Each employee shall earn vacation leave, accumulated in hours, for each full year of continuous service as outlined below. Employees on initial one-year probation are not eligible to take vacation for the first six months. Vacation will be accrued in accordance with the following schedule: Vacation Accrual Policy (40-hour work-week) Vacation Days 12 15 18 20 22 24 25 Years of Service DOE until First Anniversarv BeQinninQ of 2nd year until Fourth Anniversarv BeQinninQ of 5th year until EiQhth Anniversarv BeQinninQ of 9th ~ear until Eleventh Anniversarv BeQinninQ of 12t year until Fifteenth Anniversarv BeQinninQ of 16th year until Twentieth Anniversarv BeQinninQ of 21st year and thereafter Vacation Accrual Policy (48-hour work-week) Vacation Days 5 6 7 8 9 10 Years of Service DOE until First Anniversarv BeQinninQ of 2nd year until Fourth Anniversarv BeQinninQ of 5th year until EiQhth Anniversarv BeQinninQ of 9th ~ear until Eleventh Anniversarv BeQinninQ of 12t year until Fifteenth Anniversarv BeQinninQ of 16th year and after 2005-2008 35 IAFF~ CITY ---W1f- Vacation Hours 96 120 144 160 176 192 200 Vacation Hours 120 144 168 192 216 240 In computing vacation leave earned, no increments will accrue for any pay week that includes three or more days of leave of absence without pay. For uniformed members of the Fire Rescue Department no increments will accrue for any three- week pay period that includes four or more days of leave of absence without pay. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years, and, in addition, will include hours earned as referenced in Article 17, Sick Leave, Section 3. Section 3. For special "one time" kind of events, employees will be allowed to accumulate more than two years earned accrued vacation with the prior approval of the Chief. Such approval must be received at a time prior to the two (2) year maximum accrual that is equal to the extra accrual that is requested. Maximum accrual will be limited to three (3) years earned vacation. Example: An employee may accrue 12 shift days in two years. The employee requests two additional days beyond the maximum. The employee must submit his/her request for the two additional days four months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14. Section 4. Personnel requesting vacation time on the same day will not be approved if the issuing of the vacation time results in call back. 2005-2008 36 IAFF )t:----' CITY~ ARTICLE 20 PERSONAL TIME Section 1. Any employee covered by this Agreement shall be able to use his/her vacation time, or compensatory time in two (2) to twelve (12) hour increments, for personal reasons while on duty. Section 2. This privilege shall be available only when such use will not be detrimental to the efficient/normal operation of the Fire Rescue Department as determined by the Chief or his/her designee. Section 3. Efficient/normal operating levels shall be determined by minimum staffing as determined by the Fire Chief. Section 4. Seniority will not be a factor in granting personal time. No grievance procedures will be available to any employee regarding this Section. 2005-2008 37 IAFF tv"___ CITY~ ARTICLE 21 HOLIDAYS Section 1. The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the Friday that follows Thanksgiving, Christmas Day and Christmas Eve. Any additional holidays declared by the City shall be added to the above list. Any employee covered by this Agreement, in pay status, at the time the holiday occurs, if assigned to a 24- hour shift, shall receive 12-hours pay for each holiday. Forty-hour employees will follow the holiday schedule for all non-union employees. Section 2. If an employee covered by this Agreement wishes, the employee may receive the above (Section 1) holiday pay, (with the exception of Labor Day which will be paid as a regular holiday), at straight time in one lump sum on the last pay period in August of each year. The individual employee will sign and have in the Finance Department, the first week of the current contract, a form as follows: 2005-2008 38 IAFF~ CITY /;JJff I, , hereby authorize the City to withhold my holiday pay until the last pay period in August, with all proper with holdings taken out. I understand that at no time during this period under any circumstances, except if I am no longer covered under the bargaining unit, will I request my monies until the last week of August. Newly hired employees to the Fire Rescue Department shall have one week from date of employment to sign up for the holiday pay option. The holiday pay will be based on the number of holidays remaining in the contract year. 2005-2008 39 IAFF ~. CITY~ ARTICLE 22 COURT TIME Section 1. Any employee covered by this Agreement who is summoned or subpoenaed to appear in a court of law, while off duty, as a result of his/her employment as a member of the Fire Rescue Department, will be paid for his/her court time at the rate of one and one-half (1 1/2) times his/her current hourly rate, excluding travel time, provided the Fire Chief is given prior notification so that the Chief has the opportunity to schedule such appearance during regular duty hours. The employee will receive a minimum of three (3) hours pay, and the employee shall return all fees received from the Court to the City. Should such summons or subpoena require the employee to appear on a day that they are on duty, then the pay of this Section shall be waived by the employee. Section 2. Any employee covered by this Agreement who is required by a court of law to appear for jury duty during a day when they are on duty, shall return all fees received from the court to the City, excluding travel expenses. The employee shall notify the Fire Chief upon receipt of a summons for jury duty. Section 3. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in anyone day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an 2005-2008 40 IAFF~ CITY~ ARTICLE 26 MEDICAL CERTIFICATION Section 1. A. Employees holding a valid and current Paramedic certificate in accordance with the Florida Statutes and who perform active Paramedic duties as assigned by the Fire Chief and Medical Director will receive $7,488.00 per year. This amount will equate to an hourly rate of $3.00 per hour over and above the base rate of pay, which will not be included in the employees maximum. Employees currently receiving over $7,488.00 annually for Paramedic incentive will remain at their current rate at the date of contract ratification. This assignment pay shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. B. Effective October 1, 2007, the amount noted above ($7,488.00) will increase to $8,112.00 or $3.25 per hour, under the same conditions as noted in Section 1. Section 2. An employee holding a valid and current Paramedic certificate in accordance with Florida Statutes who could perform the duties as assigned by the Fire Chief and the Medical Director, but who is inactivated, either by choice or administrative direction, as an active Paramedic and is not on assignment as 2005-2008 45 IAFF ~ CITY~ ARTICLE 27 LICENSES & REGISTRATION FEES The City shall pay the fee for any license required by the State or City, such as EMT renewals or certificates. In the event of any changes required by law regarding driver's license requirements for firefighters, the City shall pay the initial fee only for such license changes. All subsequent renewal of such license fee shall be the responsibility of the employee. 2005-2008 47 IAFF~ CITY --i;21i ARTICLE 28 SENIORITY LIST Section 1. The Fire Rescue Department shall establish a seniority list and it shall be updated on January 1 st of each year. Such list shall be posted thereafter on the bulletin board at each Fire Station, and shall be considered correct unless objection is raised within thirty days of the posting. After thirty days, it shall stand approved, unless documented evidence is presented to justify changes or adjustments. Section 2. Employee's seniority is established from the date of approval for employment by the City of Boynton Beach Fire Rescue Department. If two or more members are employed on the same date the seniority standing shall be determined by the original entrance test score for the Fire Rescue Department, the higher score placed higher on the list. If the test scores are the same, the date of application for employment with the Fire Rescue Department will determine the seniority status, the earlier date being placed higher on the list. Section 3. Layoffs and staffing cutbacks shall be determined by the seniority list. The lowest on the seniority list will be laid off first and so on up the list. In the event of layoffs and/or cutbacks, the City agrees to notify the union president in writing, no later than two (2) weeks prior to said action. Employees who are laid- off shall have recall rights for a period of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, i.e., last laid-off will be first 2005-2008 48 IAFF'~ CITY IIJyJ recalled. No new employees will be hired into any classification while a laid-off employee has recall rights. 2005-2008 49 IAFF ~ ___ CITY~ ARTICLE 29 VACANCIES AND PROMOTIONS Section 1. Budgeted promotional vacancies occurring in any position within the certified bargaining unit will be filled in the following manner: 1. Posting of the vacancy; 2. Acceptance of applications; 3. Scheduling of promotional examination; 4. Establishment of an eligibility list; 5. Interview and Selection. Any such vacancy shall be offered within thirty (30) days of the establishment of the appropriate eligibility list. Section 2. Minimum requirements for promotional opportunities and the promotional process are as outlined in the "Career Ladder" (Addendum "0"). Any changes to this Career Ladder will be made by the Labor Management Team. 2005-2008 50 IAFF iJr..:=:-- CITY W1?' ARTICLE 30 LONGEVITY Section 1. In order to provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5th) anniversary a lump sum payment of $500.00. On the employee's tenth (10th) anniversary a lump sum payment of $1,000.00 On the employee's fifteenth (15th) anniversary a lump sum payment of $1,500.00 On the employee's twentieth (20th) anniversary a lump sum payment of $2,000.00 Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. 2005-2008 51 IAFF~ CITY ~ ARTICLE 31 BULLETIN BOARDS The City shall furnish at each fire station space for bulletin boards for the purpose of Union notices. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such notice or item on the board. A 3' x 4' space is hereby approved. The Union is to supply the bulletin boards. 2005-2008 52 IAFF ['jc-- CITY~ ARTICLE 32 NOTIFICATION AND DISTRIBUTION Section 1. The Union Secretary's name shall be placed on a routing slip to receive copies of the agendas and minutes of all regular and special meetings of the City Commission. Section 2. The Union will be provided with a copy of departmental Rules and Regulations and Standard Operating Guidelines, and will be provided with updates as they become available. 2005-2008 53 IAFF~ CITY (;.J'}f. ARTICLE 33 GRIEVANCE PROCEDURE Section 1. Grievances or disputes that may arise, including the interpretation of this Agreement, shall be settled in the following manner: Step 1. The aggrieved employee shall within ten (10) business days of the occurrence which gave rise to the grievance, submit a letter and signed petition to the Union Grievance Committee. The Union Grievance Committee shall determine if a grievance exists. If in its opinion no grievance exists, no further action is necessary. Step 2. If a grievance does exist, the Committee shall within twenty (20) business days of the event giving rise to the grievance, with the physical presence of the aggrieved employee, present the grievance to the Chief or his designee for adjustment. Step 3. If the grievance has not been settled within ten (10) business days from the date of submission to the Chief or his designee, the grievance may then be submitted to the City Manager for adjustment. The City Manager, prior to making a decision on the grievance, may conduct a predetermination conference and require the grievant to submit to an inquiry regarding the substance of the grievance. The City Manager may be assisted by the City Attorney. The grievant may be assisted by a union representative or counsel of his/her choice. The inquiry by the City Manager may be tape-recorded. In the case of 54 2005-2008 IAFF bIL- CITY~ grievances involving disciplinary action, all matters in defense or in mitigation of the proposed disciplinary action shall be raised by the grievant. Step 4. If the grievance has not been settled by the City Manager within ten (10) business days from the date of the predetermination conference, the grievance may then be submitted to arbitration. Step 5. If the grievance has not been satisfactorily resolved within the above procedure, the Union may request a review by an impartial arbitrator, provided such request is filed in writing with the City Manager no later than ten (10) business days after the City Manager's response is due in Step 4. The parties will attempt to mutually agree upon an arbitrator. If this cannot be done within fifteen (15) business days, an arbitrator from a list provided by the Federal Mediation and Conciliation Service shall be used. The parties agree to accept the Arbitrator's award as final and binding upon them, subject to the following: The arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to add to, subtract from, modify or alter this Agreement or any part thereof or any amendment thereto. It is contemplated that the City and the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his/her decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of the issue to be submitted, the arbitrator will confine 2005-2008 55 \)IL- CITY iIJS IAFF ARTICLE 34 PREVAILING RIGHTS All job rights and benefits heretofore authorized or permitted by the City Manager or Fire Chief and continuously enjoyed by employees covered by this Agreement and not specifically provided for or abridged by this Agreement shall continue in full force and effect for the term of this Agreement. Except as specifically provided in this Agreement, this Agreement should not be construed to deprive any employee of benefits or protection granted by the Laws of the State of Florida or Ordinances and Resolutions of the City of Boynton Beach in effect at the time of the execution of this Agreement. Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unlawful or unsafe. 2005-2008 57 IAFF ~C-- CITY ~ ARTICLE 35 SAVINGS CLAUSE If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining provisions of this Agreement shall remain in full force and effect. 2005-2008 58 IAFF~ CITY~ ARTICLE 36 APPENDICES, AMENDMENTS AND ADDITIONS All appendices, amendments and additions to this Agreement shall be numbered or lettered, dated and signed by the responsible parties, and shall be subject to all other provisions of this Agreement. 2005-2008 59 ~ CITY~ IAFF ARTICLE 37 SUCCESSORS This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership or management of either party hereto. 2005-2008 60 IAFF ~ CITY~ ARTICLE 38 COMPENSATORY TIME Section 1. Employees who participate in required educational and/or required training activities as approved by the Fire Chief or designee who are unable to attend those classes "on shift" due to scheduling difficulties, and take those classes and/or training on their off duty time, shall be eligible to receive compensatory time. Additional compensatory time can be granted for persons approved for special projects and events as directed by the Fire Chief or designee. All compensatory time will be earned at the rate of time and one half, with a cap of ninety-six (96) hours. Section 2. When an employee reaches 72 hours in his/her account, the following will occur. From the date of the event or project that caused the employee to reach their maximum hours, said employee must schedule and take a compensatory time leave day. In the event the employee fails to schedule and take a 24 hour comp time leave day during that 90 day period, the first available date after the ninety days will be assigned by fire administration as a mandatory 24 hour comp time leave day. During this referenced 90-day period of time the employee will be allowed to continue accruing comp time. Should the employee accrue an additional 24 hours or more during this 90 day period, that employee will begin new 90 day cycle that will require the use another 24 hour shift leave_day. This process will continue as long as that employee maintains 72 hours or more in the comp time account after taking their mandatory comp time leave day. 2005-2008 61 IAFF ~ CITY W and monetary fringe benefits shall not be suspended. Section 4. The Union and the City jointly recognize the need to perform the highest quality and level of fire rescue services for the citizens of, and visitors to, Boynton Beach in the most efficient manner possible, and hereby agree, in the best interest of both, that the employees of the Fire Rescue Department will be best served by attaining maximum efficiency and productivity. Therefore, the parties hereto agree to use their best efforts to create and maintain an atmosphere in which every employee's efforts are aimed toward these objectives and will cooperate to these ends. 2005-2008 63 IAFF~. CITY-W ARTICLE 40 SUPPLEMENTAL RETIREMENT INSURANCE Section 1. Establishment of the Boynton Beach Firefiohters Retirement Insurance Fund Local 1891 shall establish its own retiree insurance benefit fund (hereinafter referred to as "the Fund") to provide full or partial health and welfare insurance premiums on behalf of employees of Boynton Beach Fire Rescue (The Department) who retiree on or after October 1, 2005, and meet certain other established eligibility requirements. Any and all eligibility requirements and benefits provided will be determined solely by the board of Trustees of the Boynton Beach Firefighters Retirement Insurance Fund. All employees covered by this agreement shall be eligible to participate in the Fund as are non- covered members who participate in the Firefighter's Pension Plan. Section 2. City Contribution of Funds 2005. On October 1, 2005 the City will make, on behalf of each employee, a contribution equal to one (1 %) percent of the current gross annual payroll of active department members. The base pay rate is set forth in the Collective Bargaining Agreement between Local 1891 and the City of Boynton Beach and in the Boynton Beach Pay Plan at the time the contribution is made. Section 3. City Contribution of Funds 2006. Effective October 1, 2006, the City will increase the contribution from 1 % to 2%, effectively representing a one percent (1 %) contribution from year one (10/01/2005), with the addition of one percent (1%) for year two (10/1/06). In subsequent years, throughout the term of this contract, the City will contribute an amount derived from the cumulative amount not paid to employees during years one and two (Approximately 2% of salary). 2005-2008 64 IAFF 'b1L- CITY /t'tS Section 4. AnnualPavmentofFunds In subsequent years, the annual contribution, an amount derived from the cumulative amount not paid to employees during years one and two shall be remitted to the Fund by October 15, and every October 15th thereafter, provided that the department has received a written invoice for said benefits. Failure to submit a written invoice shall not bar the Union from receipt of said funds, but shall allow the City thirty (30) days to provide the funds, which shall be retroactive. The City shall pay the annual contribution on behalf of each employee in pay status on October 1 2005, and every October 1, thereafter. Accompanying the contribution, the City shall provide a list of all department members for whom payment was made. Section 5. Termination of Fund It is understood and agreed that the contribution to the Fund, as provided in this article, was negotiated and agreed to by the parties in lieu of a wage increase, and is intended to survive as long as Local 1891 is certified as the Bargaining Representative of employees employed by the Department. In the event of termination of Fund, the wage increase specified in this article shall be added to each employee's then current base annual pay, as such base pay rate is set forth in the Collective Bargaining Agreement and the City of Boynton Beach Pay Plan at the time of termination of the Fund. Section 6. Indemnification The Union shall indemnify, and hold the City harmless against any claim, demand, suit, or liability, and for all legal costs arising in relation to the implementation, or administration, of the Fund, except to the extent that the City's acts or omissions give rise to its own liability. 2005-2008 65 IAFF ~ CITY 1# ARTICLE 41 DURATION This Agreement shall be in force and effect from October 1, 2005through September 30, 2008. Either party can provide notification to the other, no later than March 1, 2008, expressing a desire to negotiate a new agreement. Upon receipt of such notification the parties shall arrange to meet, no later than April 1, 2008, and promptly and regularly thereafter, for the purpose of negotiating a new contract, and only those items included in the notices shall be subject to negotiation. If all issues are not resolved by September 30, 2008, this Agreement shall remain in force and effect until all issues have been resolved in accordance with Chapter 447, Part II, Florida Statutes, provided that all monetary benefits are subject to appropriation by the City Commission, 2005-2008 66 ~ CITY. IAFF Agreed to this day of , 2005, by and between the respective parties through the authorized representatives of the Union and the City. BOYNTON BEACH FIGHTERS AND PARAMEDICS, IAFF, LOCAL 1891: BY: President Witness Witness Secretary CITY OF BOYNTON BEACH Witness BY: Mayor Witness City Clerk Approved as to Form and Correctness: City Manager City Attorney 2005-2008 67 IAFF iY<::- crTY~ procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. Refusal to submit to an order for post accident drug testing, or intentionally delaying a post accident drug test can result in termination, however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. Accident DruQ and Alcohol TestinQ Procedure 1. Employee or supervisor will contact Risk Management to report the incident as outlined in APM 12.01.02. 2. Notification will include identification of employee as driver in a motor vehicle accident requiring drug and alcohol testing. 3. Supervisor and employee will proceed to primary or alternate collection site for mandatory testing, following initial medical evaluation and treatment for any injuries sustained. 4. Primary collection site for drug and alcohol testing is: Urgi-Med Walk-In Center 950 SE Fifth Avenue Delray Beach, FL 33483 Hours of Operation: 8:30 a.m. - 6:30 p.m., Mon. through Fri. 9:00a.m. - 3:00p.m. Sat. and 1 0:00a.m. - 3:00p.m. Sun. 5. Laboratory performing testing is: Lab One, Lenexa, Kansas 6. Medical Review Officer is: 2005-2008 69 IAFF ~ CITY W WAGES - ADDENDUM "8" 1 0/1/05 Annually Hourly 10/1/06 Annually Hourly 10/1/07 Annually Hourly FF Prob. FF Prob. FF Prob. step 1 $36,771.96 $14.7324 step 1 $ 38,186.96 $15.1743 step 1 $ 39,951.96 $15.6296 3.80% 3.8480% 4.6220% $ 1,347.00 $ 1,415.00 $ 1,765.00 10/1/05 Annually Hourly 10/1/06 Annually Hourly 10/1/07 Annually Hourly FF1 FF1 FF1 step 1 38,610.56 $15.4690 step 1 40,096.31 $15.9330 step 1 41,949.56 $16.4110 step 2 $40,541.09 $16.2424 step 2 $ 42,101.13 $16.8674 step 2 $ 44,047.04 $17.6471 step 3 $42,568.14 $17.0545 step 3 $ 44,206.18 $17.7108 step 3 $ 46,249.39 $18.5294 step 4 $44,696.55 $17.9073 step 4 $ 46,416.49 $18.5964 step 4 $ 48,561.86 $19.4559 step 5 $46,931.38 $18.8026 step 5 $ 48,737.32 $19.5262 step 5 $ 50,989.95 $20.4287 step 6 $49,277.95 $19.7428 step 6 $ 51,174.18 $20.5025 step 6 $ 53,539.45 $21.4501 step 7 $51,741.84 $20.7299 step 7 $ 53,732.89 $21.5276 step 7 $ 56,216.42 $22.5226 step 8 $54,328.94 $21.7664 step 8 $ 56,419.53 $22.6040 step 8 $ 59,027.24 $23.6487 step 9 $57,045.38 $22.8547 step 9 $ 59,240.51 $23.7342 step 9 $ 61,978.61 $24.8312 step 10 $59,897.65 $23.9975 step 10 $ 62,202.54 $24.9209 Step 10 $ 65,077.54 $26.0727 10/1/05 Annually Hourly 10/1/06 Annually Hourly 10/1/07 Annually Hourly FF2 FF2 FF2 step 1 $40,541.09 $16.2424 step 1 $ 42,101.13 $16.8674 step 1 $ 44,047.04 $17.6471 step 2 $42,568.14 $17.0545 step 2 $ 44,206.18 $17.7108 step 2 $ 46,249.39 $18.5294 step 3 $44,696.55 $17.9073 step 3 $ 46,416.49 $18.5964 step 3 $ 48,561.86 $19.4559 step 4 $46,931.38 $18.8026 step 4 $ 48,737.32 $19.5262 step 4 $ 50,989.95 $20.4287 step 5 $49,277.95 $19.7428 step 5 $ 51,174.18 $20.5025 step 5 $ 53,539.45 $21.4501 step 6 $51,741.84 $20.7299 step 6 $ 53,732.89 $21.5276 step 6 $ 56,216.42 $22.5226 step 7 $54,328.94 $21.7664 step 7 $ 56,419.53 $22.6040 step 7 $ 59,027.24 $23.6487 step 8 $57,045.38 $22.8547 step 8 $ 59,240.51 $23.7342 step 8 $ 61,978.61 $24.8312 step 9 $59,897.65 $23.9975 step 9 $ 62,202.54 $24.9209 step 9 $ 65,077.54 $26.0727 Step 10 $62,892.53 $25.1973 step 10 $ 65,312.66 $26.1669 step 10 $ 68,331.41 $27.3764 Annually Hourly 10/1/06 Annually 71 Hourly 10/1/07 Annually Hourly 2005-2008 IAFF ~. CITY~ 10/1/05 FF3 FF3 FF3 step 1 $42,568.14 $17.0545 step 1 $ 44,206.18 $17.7108 step 1 $ 46,249.39 $18.5294 step 2 $44,696.55 $17.9073 step 2 $ 46,416.49 $18.5964 step 2 $ 48,561.86 $19.4559 step 3 $46,931.38 $18.8026 step 3 $ 48,737.32 $19.5262 step 3 $ 50,989.95 $20.4287 step 4 $49,277.95 $19.7428 step 4 $ 51,174.18 $20.5025 step 4 $ 53,539.45 $21.4501 step 5 $51,741.84 $20.7299 step 5 $ 53,732.89 $21.5276 step 5 $ 56,216.42 $22.5226 step 6 $54,328.94 $21.7664 step 6 $ 56,419.53 $22.6040 step 6 $ 59,027.24 $23.6487 step 7 $57,045.38 $22.8547 step 7 $ 59,240.51 $23.7342 step 7 $ 61,978.61 $24.8312 step 8 $59,897.65 $23.9975 step 8 $ 62,202.54 $24.9209 step 8 $ 65,077.54 $26.0727 step 9 $62,892.53 $25.1973 step 9 $ 65,312.66 $26.1669 step 9 $ 68,331.41 $27.3764 step 10 $66,037.16 $26.4572 step 10 $ 68,578.30 $27.4753 step 10 $ 71,747.98 $28.7452 10/1/05 Annually Hourly 10/1/06 Annually Hourly 10/1/07 Annually Hourly LT LT LT step 1 $46,135.35 $18.4837 step 1 $ 47,910.66 $19.1950 step 1 $ 50,125.09 $20.0822 step 2 $48,442.12 $19.4079 step 2 $ 50,306.19 $20.1547 step 2 $ 52,631.34 $21.0863 step 3 $50,864.23 $20.3783 step 3 $ 52,821.50 $21.1625 step 3 $ 55,262.91 $22.1406 step 4 $53,407.44 $21.3972 step 4 $ 55,462.58 $22.2206 step 4 $ 58,026.06 $23.2476 step 5 $56,077.81 $22.4671 step 5 $ 58,235.71 $23.3316 step 5 $ 60,927.36 $24.4100 step 6 $58,881.70 $23.5904 step 6 $ 61,147.49 $24.4982 step 6 $ 63,973.73 $25.6305 step 7 $61,825.79 $24.7699 step 7 $ 64,204.87 $25.7231 step 7 $ 67,172.41 $26.9120 step 8 $64,917.07 $26.0084 step 8 $ 67,415.11 $27.0093 step 8 $ 70,531.03 $28.2576 step 9 $68,162.93 $27.3089 step 9 $ 70,785.87 $28.3597 step 9 $ 74,057.59 $29.6705 step 10 $71,571.07 $28.6743 step 10 $ 74,325.16 $29.7777 step 10 $ 77,760.46 $31.1540 step 11 $75,149.63 $30.1080 step 11 $ 78,041.42 $31.2666 step 11 $ 81,648.49 $32.7117 step 12 $78,907,11 $31.6134 step 12 $ 81,943.49 $32.8299 step 12 $ 85,730.91 $34.3473 Annually Hourly 10/1/06 Annually Hourly 10/1/07 Annually Hourly 2005-2008 72 IAFF~ CITYtv%' 10/1/05 Capt. Capt. Capt. step 1 $48,442.12 $19.4079 step 1 $ 50,306.19 $20.1547 step 1 $ 52,631.34 $21.0863 step 2 $50,864.23 $20.3783 step 2 $ 52,821.50 $21.1625 step 2 $ 55,262.91 $22.1406 step 3 $53,407.44 $21.3972 step 3 $ 55,462.58 $22.2206 step 3 $ 58,026.06 $23.2476 step 4 $56,077.81 $22.4671 step 4 $ 58,235.71 $23.3316 step 4 $ 60,927.36 $24.4100 step 5 $58,881.70 $23.5904 step 5 $ 61,147.49 $24.4982 step 5 $ 63,973.73 $25.6305 step 6 $61,825.79 $24.7699 step 6 $ 64,204.87 $25.7231 step 6 $ 67,172.41 $26.9120 step 7 $64,917.07 $26.0084 step 7 $ 67,415.11 $27.0093 step 7 $ 70,531.03 $28.2576 step 8 $68,162.93 $27.3089 step 8 $ 70,785.87 $28.3597 step 8 $ 74,057.59 $29.6705 step 9 $71,571.07 $28.6743 step 9 $ 74,325.16 $29.7777 step 9 $ 77,760.46 $31.1540 step 10 $75,149.63 $30.1080 step 10 $ 78,041.42 $31.2666 step 10 $ 81,648.49 $32.7117 step 11 $78,907.11 $31.6134 step 11 $ 81,943.49 $32.8299 step 11 $ 85,730.91 $34.3473 step 12 $82,852.47 $33.1941 step 12 $ 86,040.66 $34.4714 step 12 $ 90,017.46 $36.0647 10/1/05 Annually Hourly 10/1/06 Annually Hourly 10/1/07 Annually Hourly B/C B/C B/C step 1 $50,864.23 $20.3783 step 1 $ 52,821.50 $21.1625 step 1 $ 55,262.91 $22.1406 step 2 $53,407.44 $21.3972 step 2 $ 55,462.58 $22.2206 step 2 $ 58,026.06 $23.2476 step 3 $56,077.81 $22.4671 step 3 $ 58,235.71 $23.3316 step 3 $ 60,927.36 $24.4100 step 4 $58,881.70 $23.5904 step 4 $ 61,147.49 $24.4982 step 4 $ 63,973.73 $25.6305 step 5 $61,825.79 $24.7699 step 5 $ 64,204.87 $25.7231 step 5 $ 67,172.41 $26.9120 step 6 $64,917.07 $26.0084 step 6 $ 67,415.11 $27.0093 step 6 $ 70,531.03 $28.2576 step 7 $68,162.93 $27.3089 step 7 $ 70,785.87 $28.3597 step 7 $ 74,057.59 $29.6705 step 8 $71,571.07 $28.6743 step 8 $ 74,325.16 $29.7777 step 8 $ 77,760.46 $31.1540 step 9 $75,149.63 $30.1080 step 9 $ 78,041.42 $31.2666 step 9 $ 81,648.49 $32.7117 step 10 $78,907.11 $31.6134 step 10 $ 81,943.49 $32.8299 step 10 $ 85,730.91 $34.3473 step 11 $82,852.47 $33.1941 step 11 $ 86,040.66 $34.4714 step 11 $ 90,017.46 $36.0647 step 12 $86,995.09 $34.8538 step 12 $ 90,342.69 $36.1950 step 12 $ 94,518.33 $37.8679 2005-2008 73 IAFF {)€.- CITY 4~ UNION CONTRACT - ADDENDUM "C" BOYNTON BEACH FIRE-RESCUE DEPARTMENT TUITION REFUND PROGRAM In order to assist employees who wish to attain additional training or education, the City of Boynton Beach Fire-Rescue Department hereby establishes a Tuition Refund Program that reimburses employees a percentage of tuition and textbook costs at an accredited institution. In order to be eligible for the Tuition Refund Program, an employee must be a full-time career status employee with at least one (1) year of employment prior to the starting date of the class. The employee must submit a tuition refund application within ten (10) calendar days prior to the initiation of the class in order for reimbursement to be considered. Applications should be submitted to the Deputy Chief of Administration. The applications will be reviewed by the Deputy Chief of Administration to determine whether the course work is eligible. Under the guidelines of the Tuition Refund Program, employees may take two (2) English courses, two (2) Humanities, two (2) Social Science, and one (1) Math, as part of a General Educational Program. Additional course work will be evaluated in terms of the specific course and the individual's specific job assignments. Applicants for tuition refund should explain the connection between the course work and their job assignments. In order to assist employees to attain degrees, the Deputy Chief of Administration will review specific degree goals and determine whether the degree is in a Fire, EMS, or Administrative related field accepted by the Bureau of Fire Standards and Training (ref: F.S.S. 633.382). If the degree program is approved, specified required courses in the 74 IAFF C\tL- CITY tJP 2005-2008 sources and what is eligible for reimbursement under this program. The maximum amount of credit hours eligible for payment in a semester is twelve (12) semester hours or fifteen (15) quarter hours. In the case of employee enrollment in a private college or university, the City will pay only an amount equivalent to the current tuition charged by the State (public) colleges and universities. EMPLOYMENT OBLIGATION: An employee will be expected to remain with the City of Boynton Beach Fire-Rescue Department for at least one (1) year following completion of courses for which he/she has received a refund. If the employee resigns, retires, or terminates within the one (1) year period, he/she shall reimburse the City for tuition refund benefits applicable to courses completed during this period. Reimbursements shall be payroll deducted from the employee's final paycheck. 2005-2008 76 IAFF ~ CITY --W.- TUITION REFUND PROGRAM PROGRAM RULES BOYNTON BEACH FIRE-RESCUE DEPARTMENT OBJECTIVE: To improve service to the public by promoting a program encouraging Fire-Rescue employees to obtain additional training and education, which may improve their effectiveness, improve their performance in their current position, and prepare them for increased responsibility . BENEFITS: Employees whose applications are approved will be entitled to a refund of tuition and textbook costs upon successful completion of each approved course. The reimbursement will be 100% for a grade of "A" or "B", 50% when a "C" is obtained, plus the cost of the textbooks (workbooks not included) used for the course(s), providing a receipt is provided and the textbook is in re-usable condition.. If the institute only gives credit or no credit, a credit grade will be accepted as satisfactory completion and equal to a grade of "A". ELIGIBILITY: All full-time employees of the City who by the starting date of class, have completed one (1) year of service and have received a "Satisfactory" or better Employee Performance Evaluation prior to the beginning of the course work are eligible to apply. Guidelines for establishing course work are as follows: (a) All basic core courses as required by the college will be approved for all eligible employees. (b) Life experience credit will not be approved for tuition refund. 2005-2008 77 J)~ CITY tJj/ IAFF (c) Degree programs, which relate directly to the employee's current position, will be approved. Once degree approval is granted, all courses specifically required will be approved. (d) For those employees who have been approved for a degree program, all general educational courses specifically required by the school will be approved. (e) All other course work will be considered on a course-by-course determination. Employees receiving financial aid or a scholarship, as well as employees Qualifying for benefits under the G./. Bill or other State or Federal Programs are eligible for reimbursement under this program. The maximum amount of credit hours eligible for payment in a semester is twelve (12) semester hours or fifteen (15) quarter hours. The City will pay an amount equivalent to the current tuition charged by the State (public) colleges and universities. The rater's overall evaluation on the Employee Performance Evaluation conducted immediately preceding the beginning of classes must be "Satisfactory" or better for the employee to be eligible for tuition refund unless the course work for the employee receiving a less than "Satisfactory" evaluation relates to the area of weak performance. In addition, any employee placed on suspension or on restricted sick leave during a six-month period prior to the beginning of a course will not be eligible. The tuition refund program covers tuition, books and laboratory fees only. It does not cover registration, taxes, gas, food, or other costs. Employees should also be reminded that after having received tuition refund, that they are under a one (1) year employment obligation with the Boynton Beach Fire Rescue 2005-2008 78 t?- CITY /J1{ IAFF Department; the amount of the tuition refunded will be deducted from the employee's final paycheck. 2005-2008 79 ~ CITY~ IAFF BOYNTON BEACH FIRE RESCUE DEPARTMENT TUITION REFUND PROGRAM APPLICATION LAST NAME I FIRST NAME I[ SHIFT ] J INITIAL DATE JD [ ] EMPLOYEE # DATE OF ENTRY L I [ ] DIVISION r COURSE INFORMATION School/City: Term/Year: Course (Name & Number): Course (Name & Number): Course (Name & Number): Credit Hours: C~I~ Hours: Credit Hours: EDUCATIONAL OBJECTIVE o Non-degree o 2 yr. Degree o 4 yr. Degree o Graduate Degree TITLE OF DEGREE SOUGHT FIELD OF SPECIALIZATION MAJOR II u APPROVAL '; I intend to remain In the employ of the Boynton Beach Fire Rescue Department for at least one (1) year following the completion of approval coursework. In the event that my employment Is tenninated for any reason within one (1) year of course completion, I agree to reimburse the CIty of Boynton Beach for tu/tJon~ benefits appllcable to courses during such period. EMPLOYEE SIONAlURE DATE 1/ / / 1 I certify that the above named employee has received a .Satlsfacto1y" or better score on his/her most recent perfonnance evaluation prior to submission of thIs application, I recommend that this appllcant be approved for tuItion refund for the coursework listed above. FIRE i::mEF (OR DESIGNEE) SIGNA lURE DATE I/[/ / DISAPPROVAL Reason: DEPARTMENTHEADSIGNATlJRB DATE L J I / / 2005-2008 80 .fYC- CITY ~ IAFF I I ~ j I j J I I'. . i ~ i, I UNION CONTRACT - ADDENDUM "D" CAREER LADDER - Boynton Beach Fire Rescue Department MINIMUM REQUIREMENTS (Probationary FF through Captain) Probationary Firefiahter (FF/Prob.) [Hire date through 12 months] PREREQUISITE: -Certified Florida Firefighter -Certified Florida Emergency Medical Technician or Paramedic REQUIRED TO BE PROMOTED TO FIREFIGHTER 1: · Successful completion of the Probationary Firefighter Manual ("Green Book") · Successful completion of FFI Performance and Written Examinations · Successful completion of the annual evaluation process for Probationary Firefighters and appointment by the Fire Chief. Firefiahter1 (FF1) PREREQUISITE: -Successful completion of all requirements for Probationary Firefighter -Minimum of one (1) year of service with BBFRD REQUIRED TO BE PROMOTED TO FIREFIGHTER 2: · Certified Florida Paramedic with Dept. "Active Paramedic" status · Successful completion of FFII Performance and Written Examinations Firefiahter II (FF2) PREREQUISITE: -Successful completion of all requirements for Firefighter I -Minimum of three (3) years of service with BBFRD -Certified Florida Paramedic with Dept. "Active Paramedic" status TO ATTAIN FFIII OPERATOR ENGINEER STATUS: · Successful completion of FFP 1302 Fire Apparatus Operator (or equivalent) · Successful completion of FFP 1301 Fire Service Hydraulics (or equivalent) · Successful completion of BBFRD-sanctioned Aerial Apparatus Course (40-hour minimum) · Successful completion of BBFRD Apparatus, Hydraulics, and Aerial Operation Performance and Written Examinations 82 2005-2008 IAFF ~ CITY. REQUIRED TO BE PROMOTED TO FIREFIGHTER 3: · Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06) · Successful completion of FFP 2410 Fire Service Strategy and Tactics · Successful completion of FFP 2130 Company Officer Leadership · Successful completion of FFP 2150 Instruction and Methodology · Successful completion of FFP 2320 Building Construction for Fire Protection · Complete a Pre-Incident Plan on a City Target Hazard (to be pre-approved) · Complete Fire Inspection / Prevention Packet with a BBFRD Asst. Fire Marshal or Complete FFP 1200 Fire Prevention Practices and FFP 1620 Private Fire Protection Systems Firefiahter III (FFIII) [Minimum requirement to serve as Acting Lieutenant] PREREQUISITE: -Successful completion of all requirements for Firefighter II -Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06) -Must attain Operator/Engineer status as described under FF2 -Minimum of five (5) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job-related Associate or Bachelor Degree REQUIRED TO BE PROMOTED TO LIEUTENANT: · Successful completion of BBFRD Officer Candidate School which will include, but is not limited to: -Department Policies, EMS Protocols, SOG's, Rules and Regulations -Labor-Management Relationship and Collective Bargaining -The Changing Workforce and Dealing with Change -Diversity, Sexual Harassment, and Discrimination Training -Technical Report Writing and Report Quality Assurance -Performance Evaluation Training -Customer Service -Coaching, Counseling, and Disciplinary Action -Budget Analysis and Preparation · Successful completion of Lieutenant promotional examination/assessment and appointment by the Fire Chief. Lieutenant (Lt.) [Minimum requirement to serve as Acting Capt / Battalion Chief] PREREQUISITE: (Eligibility criteria necessary to sit for the Lt. Promotional Exam) -Successful completion of all requirements for Firefighter III -Minimum one (1) year as a FF3 with BBFRD 83 2005-2008 IAFF \:A CITY W;k -Minimum of six (6) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job-related Associate or Bachelor Degree -Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06) Promotion is based on successful completion of Lieutenant promotional examination / assessment and appointment by the Fire Chief. REQUIRED TO BE PROMOTED TO CAPTAIN: · Successful completion of BBFRD Officer Candidate School (as noted above). · Successful completion of FFP 2100 Fire Service Administration · Successful completion of MNA 2303 Introduction to Public Personnel Management · Successful completion of Captain promotional examination / assessment and appointment by the Fire Chief. Captain (Capt.) PREREQUISITE: [Minimum criteria necessary to sit for the Captain Promotional Exam] -Must meet all requirements for Lieutenant -Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06) -Minimum of nine (9) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job-related Associate or Bachelor Degree -Minimum of one (1) year as a Lieutenant with BBFRD Promotion is based on successful completion of Captain promotional examination / assessment process and appointment by the Fire Chief. PROMOTIONAL CRITERIA (For Lieutenant and Captain) A. Posting for a position will include date, time, and location of the exam, reference materials, exam and methodology. This announcement will be posted at least sixty (60) days prior to the test date and will include all necessary information relating to the application process and deadlines. B. Establishment of an eligibility list, to include time duration that the list is in effect. An eligibility list will be in effect for a period of two (2) years unless adjusted by mutual agreement. C. The Fire Chief has the option to select anyone of the top three (3) candidates for promotion to an existing vacancy. Candidates that are not selected for promotion may be provided with an interview to discuss the reason(s) for not being selected, upon request of the candidate. 84 IAFF~ CITY ---l>>1I5.- 2005-2008 D. Any employee who successfully passes a promotional examination shall have a credit for continuous service added to their final score which shall be computed as follows: One-fourth (1/4) point shall be added for each full year of uninterrupted servIce. E. The City shall provide one copy, at each station, of all reference material for promotional examinations at the posting of notification. The reference material shall remain in the Fire Station(s) F. Any such vacancy shall be offered within thirty (30) days of the establishment of the appropriate eligibility list. The Boynton Beach Fire Rescue Labor Management Team hereby approves this Career Ladder incorporated into the collective bargaining agreement 2002-05 as Addendum "0" . Fire Chief Date IAFF, Local 1891 Union President Date 2005-2008 85 IAFF ~ CITY jJg-- BOYNTON BEACH FIRE RESCUE DEPARTMENT TO: Dean Kinser, President IAF.F. 1891 FROM: William L. Bingham, Fire Chief SUBJECT: Letter of Understanding Firefighter Contract Article 38, Shift Fire Inspectors DATE: March 20, 2000 (Revised 9/01/05) It is the intent to of this Letter of Understanding to clarify negotiated issues regarding contract Article 38, Shift Fire Inspectors. By virtue of this letter, and through attrition, we agree to eliminate the aforementioned article in its entirety according to the following criteria: 1) The article entitled Shift Inspectors will no longer be a part of the Collective Bargaining Agreement. 2) The two existing inspectors (FFIJI Chris. Wandell and Lt. Geoffrey Simpson) will continue to serve as fire inspectors as directed by the Fire Marshal, providing they maintain all necessary certifications. In the event it is determined that additional bargaining unit members are likewise affected, this Letter of Understanding applies to all members in a similar position. 3) The current 5% pay (based on their September 30, 1995 pay) will change to an incentive pay equal to the existing rate, (i.e. from a %-based incentive to a strict dollar figure). This incentive pay, once established, will not increase. This change will be effective upon ratification of the 1999-2002 Agreement. 4) If, for any reason, either inspector is no longer certified or no longer willing to serve as an inspector, his position will not be filled by another department member, nor will he be able to re-enter into the position. The September 30, 1995 salaries of the two individuals are: *Chris Wandell - $676.80 wkly (5% = $33.84 wkly; $67.68 biwly; $1,759.68 yrly) *Geoff Simpson - $806.00 wkly (5% = $40.30 wkly; $80.60 biwkly; $2,095.60 yrly) FOR ~CITY: /~~ William L. Bi ham, Fire Chief II (JloS- Date FOR~. Dean Kinser, President v{*s, Date Date VI. -CONSENT AGENDA ITEM C.5 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 Datc:.:i in to City Clerk's Office Meetine: Dates in to City Clerk's Offic.;e 0 August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) 0 August 16,2005 August 1, 2005 (Noon) 0 October 18,2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) [gJ September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Adfumistrative 0 . Deve!6pmentPlahs NATURE OF [gJ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business IlJr ,.4€t...c~ 0 Announcement 0 Presentation ~ 0 City Manager's Report U"Orl ~ It.. tt-/ RECOMMENDA nON: Motion to approve and authorize signing of the water service agreements for: Witt Investments, Inc.; Elbert R. Abell and Melodye S. Abell, and Melear Properties, Inc., to serve parcels of land that will comprise the Abell Property P.U.D., for a future project composed of 106 single-family homes. EXPLANATION: The subject properties comprise a total of approximately 44.43 acres, and will include 106 single-family, zero lot line homes. The project is bounded on the north by Hypoluxo Road, on the west by HypoluxoFarms Road, on the east by a relocated Haverhill Road, and on the south by Clock Road. PROGRAM IMPACT: The maximum anticipated demand from the project is estimated at 48,000 gallons per day of water and 21,500 gallon per day of wastewater, based upon the City's adopted levels of service. FISCAL IMPACT: None. All costs for utilities extensions will be borne by the applicant ALTERNATIVES: ~ Non;;;:ro~~~~tla~"iU'~ Department Head's Signature City Manager's Signature ~~ City Attorney I Finance I Human Resources . \ \ UTILITIES Department Name Cc: Peter Mazzella (wI one copy of attached agreement) City Attorney " File S:\BULLETiN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 RESOLUTION NO. R05- /53 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AGREEMENTS FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND WITT INVESTMENTS, 9 INC., ELBERT R. ABELL AND MELODYE S. ABELL 10 AND MELEAR PROPERTIES, INC.; PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the subject property, comprising approximately 44.43 acres, is located 15 outside of the City limits, but within our water and sewer service area, bounded on the north 16 by Hypo1uxo Farms Road, on the east by a relocated Haverhill Road and on the south by 17 Clock Road; and 18 WHEREAS, the properties covered by these agreements will include 106 single- 19 family, zero lot lone homes; and 20 WHEREAS, all costs for utilities extensions will be borne by the applicant. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute Water Service Agreements between the City of Boynton Beach, Florida and Witt 28 Investments, Inc.; Elbert R. Abell and Melodye S. Abell and Melear Properties, Inc., to serve 29 parcels of land that will comprise the Abell Property P.U.D., which Agreements are attached S:\CA \RESO\Agreements\Water Servicc\Abell pun Water Sen ;cc Agreement.doc II 1 hereto as Exhibit "A", Exhibit "B" and Exhibit "C", respectively. 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attest: Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of , 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CAIRESO\Agreements\Water Service\Abell PUD Water Service Agreement.doc Attorneys' Title Insurance Fund, Inc. ORLANDO. FLORIDA Endorsement No. 1 to Commitment No. l509226 Name of Origin.al Insured: Toll Bros., Inc. Original Effective Date March 4, 2005. @ 11 :00 PM. OriginaJ Amount of Insurance: $11,316,000.00 Current Amount of Insurance: Agent's File Reference 19300204 $11,316,000.00 The policy is hereby amended as foHows: Effective Date August 311 2005. @ 11 :00 PM. Schedule B-Il add new paragraph 26 as to an parcels to read: Mortgage from Elbert R. Abell and MeJodye S, AbeU, husband and wife 10 Toll Bros.. Inc. recorded July 25, 2005 in Official Record Book 18959, page 967, of the Public Records of Palm Beach County, Florida. John D. Kunz September 122005 6454 Name of Fund Agent Date Agent No. Attorneys' Title InsufBllcc Fund, Inc. By Charles J. Kovaleski President . .ENPOltSEME:N'r. . Attomeys'T~~~ceF'und, Inc. ~Iando,.'Flolida Endorsement No. 1 Name of Original Insured: TOLL BROS.. INC. Original Effective Date: 4/19/04 @ 8:00 R.m. Original Amount of Insurance: $1,329,000.00 $1,329,000.00 Agent's File ~ference: 05~076 Current Amount of Insurance: The policy is hereby amended as follows: Schedule A, Effective Date shall be: 8/30/05 @ 8:00 a.m. Schedule Bl, item (e) shall be: Partial Satisfaction of Mortgage recorded in OR Book 18852. page 579, of the Public Records of Palm Beach County, Florida. Schedule BI, item (f) shall be: Partial Satisfaction ofMongage recorded in OR Book 19044, page 991, oftbe Public Records of Palm Beach County, Florida. BAN L."WJLLBUR, JR, P.A. Name ofFbad....~gent, ~~~ c #7584 Agent No. - Attomeys' Title Insurance Fund, Inc. Charles J. Kovaleski President (6/94)[486] Agent's Signature 613 39ioi'd I;1dH:ICM,O P66L-ZE8-!99 P8:B1 913136/91/613 I~ SEP-12-2005 MO~. 04:34 PM WESTMINSTER TITLE AGENOY _ ._., __ _..'10"- __ ."- -..... -. ! FAX NO, 5618653431 p, 04/04 . . . '. ::" ,~ ",.:, ::.". ..", :"..': :."; .':>:-.:~:-:.: ,":: ,':>: \,'.-::",'.' ":.'-~-,--':.: :.-~ ....,."; >':. Attachedtoc;cl1T1mltmeljltNLJ . '105~05()00397-:~Te . . Issued by i Old Republie Title Insura~ce Ci ! Schedule A, Itme iJ1 is hereby amended tOJead: Al.llilust 19, 20PS i J I , . I sl2ites..lt dOlils pl'Jt(l) modify any of the il)eldendthep~tElClf~r:lnQy.c:ir{\v) . . ,Y or a prevlriusendor15ement Is .... . ,ment controls,Otherwl$l5ll this nd of any prior endorsements. I . . . . - ' ., . . .' . . , ',' .' . , . This endor~emEi'nt is 1~~LJea~ia,s PCirt .Qfthepclllcy ~ex~ptasltexflrli terms arid pl1JvisiollS of .the. policy, .. (If) fTll:)dlfY.' <iny. "rior~ndt.)rS~m~~~ Inerillsse the Amount of .Insurance. To the extent a provision of the inconsistent withal' express provision of thisendt.)rsement, thllJend endorsement Is slJl,ject to all of the terms and provIsions of the; poll , By: Endal'Semenl (commitment) ('05.05000397 -CT9.PFD/1 OS-05000397oCT9/' 2) SEP-09-2005 11:44 TOLL BROTHERS DIV P.01/07 THIS 1NS1lUlMENT PJWlAAED BY: James A. Cherof, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, ~ r 1fIv,j ~ as Corporate Representative of ~~ ~ ~ ~ ~ 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 CITY 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: (see. EK,L ~,f 11) " The powers and authority of my attorney, 1lIE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the J- day of ~ , 2~ and the powers and authority shall be irrevocable by Grantee. SEP-09-2005 11: 44 TOLL BROTHERS DIV P.02/07 IN WITNESS WHEREOF, we have hereunto set Our bands and seals the ~ day of ~2.dd , in the year two thousand..-t' t:J:-''' < Sealed and delivered in the presence of ~-a:~~-" N:j.W~. f~.~l' J ~c5. llHti,~. I{ ~ Print Name Witness ( ,vH~~V -r. flAmmoND STATE OF FLORIDA ) ) ) S8: 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 2g~,. ['.. vv/?7 9-,.. as P,el /.,('~~ / of /]'V,,77 ~..4...~ ~named in the foregoing agreement and that helshe acknowledged executing the same in the' presence of two subscribina witnes~s fr;:ly and voluntarily under authority duly vested in himIber by said ~!("~IIL.li.~" ~and that the Corporate seal affixed thereto is the true corporate seal of 58id Corporation. Witness my hand and official seal in the County and State last aforesaid this L day of ~ .20!!1:.. ~~~~~ NOTARY PUBLIC Printed Name My Commission Expires: .......... Dermot P. Mac Mahon 680 ~~iJ~\ MY COMMISSION # DO 251 ~: 1'1 EXPIRES: September 18, 2007 ~~....."~ Bonded Thru Notary PuIlIic UnderwTiters 'II,Rfnn",' SEP-09-2005 11:45 TOLL BROTHERS DIV P.03/07 THIS INSTRUMENT PREPARED BY; James A. Chcrof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Conunercial Blvd. Suite 200 Ft. Lauderdale, fL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION S AGREEMENI...made on this ~ day of......:. . 20o.r . by and between . hereinafter caned the "Customer", and the TON BEAC , a municipal corporation of the State of Florida, hereinafter called WHEREAS, Customer owns real property outside ofthejW'isdictional 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 ofBoyntoD Beach bas 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: I. 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 ~ Equivalent Residential Connections which City shall service. C,\Documents ana Settinqs\toll\Local Settinqs\Temp\Water Service Aqreement (Corp) _ R@v 090205.doc 1 SEP-09-2005 11:45 TOLL BROTHERS rrv P.04/07 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 conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 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 perfonn the work neces5ary to conform the lines or the City may have the work perfonned 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 additional1Unds 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 COMCCt. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. S. 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 cOlUlections 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 voluntaJy petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when 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 inform 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 discoJUlection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 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 SEP-09-2005 11:45 TOLL BROTHERS DIV P.05/07 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 reductiont impainnent or tennination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations Or requirements oflocal, regional, State or Federal aaencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction. impainnent or termination of water service due to acts of Godt accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify. defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and a&ents (Both in their individual and official capacities) from and against aU 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 perfonnance 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 WlIess 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. ~ ~SS WHEREOF, the parties hereto have set their hands and seals this 1. day of ~_ ,20Q.C WITNESS: ~~~z... By: Witness Signature n1u M'_t:_ Its: 1Jemwt !Po ;/Yl.UC ;/Yl.urum Printed Witness Name ~e.~':::,,(,o( N IW. t..- \, T AAm.Vh 19 "-.) i') Printed Witness Name S): {CORPORATE SEAL} ~< ~<zr Secretary . ~l #let. ~ _ f..U1 If Print Name SEP-09-2005 11:46 TOll BROTHERS rIV P.06/07 FOR CORPORATE NOT ARIZA nON: STATE OF FLORIDA ) ) ) ss: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in .!he CO\Ulty aforesaid to take aclcnowl~~ents, personally appeared ~ /{-~~ as iJ~of ~~~~:::;;<;<"'namedinthe 16rcgoing agreement and that he/she acknowledged executing the same in the presence of two SUbscri~ witnesses freely and voluntarily under authority duly vested in himIhcr by said 411 "r' I ~ and that the CoIporate seal affixed thereto is the true coIpOrate seal of said Corporation. ~s my hand and official seal in the County and State last aforesaid this 1 day of ,2005. ' ~~~ NOTARY PUBLIC Printed Name ....\'~Vf'", .- ~..... ". De !. rrnot p €*. MY COMMI . Mac Mahon ~ ..~~~l EXPIRES' :Sepl~N # DD 251680 ..fli.'" BOfIdea Thlli 'Nota embert 8, 2007 ry PubiIC Underwriters My Commission Expires: WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) ) 55: 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 SEP-09-2005 11:45 TOLL BROTHERS DIV P.07/07 appeared . City Manager and , City Clerk 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 affixed 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 ~ ~l/Jr- City Attorney ~ TOTAL P. 07 SEP-09-2005 12:50 Toll Brothers Acctg 561 496 7618 P.02/08 THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire City of Boynton Beach 100 E .Boynton Beach Blvd. Boynton, Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, '_ M2 '1'1 r'Y\ f_Lf.'T,1_- as Corporate Representative of M H..f /\'2 ~ k; ~)(cf~-;( t'~ J -4:, c...... , 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 CITY 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: ()~~ 1::."")< t . t , t 11) The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the , 20_ and the powers and authority shall be irrevocable by Grantee. day of SEP-09-2005 12:50 Toll Brothers Acctg 561 496 7618 P.03/08 -J, IN WITNESS WHEREOF, we have hereunto set our hands and seals the r?:/- day of C'.;:)..C \ ~.X , in the year two thousand. Sealed and delivered in the presence of -<..--;:/' '-r~ {; ~. u< <; (' l1." (te- l II L) It) ft~) e~J Print Name STATE OF FLORIDA ) ) ) ~ " ~, \Ih-~QI~""~ SS: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State . d an . the County I2Said to take owledgme, personal~p~eared ~ as .s.... ~1 of e(t In the fo going greement and that he/she acknowledged executing the same' the preSence of two subscribing witnesses freely and voluntarily under authority duly vested in himlher by said C D ",-(hi 4' .fl/ 6Yj and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. clr~: my hand and official seal in the County and State last aforesaid this ~y of ~~,.20~ ~M-Lc i! ~~ ~ARYPUBL~ U ~ fll])A . (J lE 'Printed Name My Commission Expires: "......"'V;:3~~ Brenda L Moore ! \C-m...,. #DDCm149 ~ . .; IIpinI Apdl 3. :aoa& ~ OFf\; I'll;: 1oiIIded'Dana """l/I"'~ Atlamic IoDdIJlI Co..1'Dc:. SEP-09-2005 ~2:51 To 11 Brothers Acctg 561 496 7618 P.04/08 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of ,200-, by and between f'1 e.,(u..(" (Jro{H--r/'fLS J:~c..... hereinafter called the "Customer", and the CITY 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 j urisdictionallimits 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 I u 6 Equivalent Residential Connections which City shall service. C:\Documents and Settinqs\toll\Local Settings\Temp\Water Service Agreement (Corp) - Rev 09020S.doc 1 SEO-09-2005 12:51 Toll Brothers Acctg 561 496 7618 P.05/0B 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 conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 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 when 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 inform 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. 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 SEP-09-2005 12:52 Toll Brothers Rcctg 561 496 7618 P.06/08 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 tennination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jwisdiction 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, flre, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, 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. <:,...)N WITNESS WHEREO~e parties hereto have set their hands and seals this /3 day of ~-JOT ,200L. CORPORATI.ON~A~ <f\WNE" R(S): By: ~~~~ Its:~.~; ,,-<.~ LCL<:\. --- ~ .--,.. . (e". ~ Print N e and Title {CORPORATE SEAL} AT '-- Secretary , ~ Qy uJ..:114~ Print 'Name SEP-09-2005 12:52 Toll Bro~hers Acctg 561 496 7618 P.07/08 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 ~Said ~ County ~said _ to take acknowled ts, personal~ ~pp.eared ~ A.A. ~ of c::ffiUt1ed In the foregoing agreement and that helshe acknowledged executing the sam in the preSence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her by said C 6.- ()" re>. -/-,,, .... and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. ~ Witness my hand and official seal in the County and State last aforesaid this / 3~ of ~ ~-A' ,2005. My Commission Expires: ~ . !1.u oR. F !l.""~~"'~ Brenda Ie. Moore !m~ ' \CmnIllW... # DDO!I3849 ;~ ~! II:pIna April 3. 2006 \.~ ~.. Bcmdecl 'DII'Il ~Er BoDdJDgCo.. Inc. CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) ) S8: 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 SEP-09-2005 12:52 Toll Brothers Peetg 561 496 7618 P.08/08 appeared , City Manager and , City Clerk 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 affixed 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 ,200_" day of (Notary Seal) Notary Public Wf(q~ City Attorney ~ of jf)I j,tat'- _<,c._ ,"~ ',' , ',. or'i) c._, .....- '. 1 a - . '-~ - . - - .~.- :...;- . - ~ -'~ .~: : ~ . ";:~\- Irpartmrnt of &tatr I certify from the records of this office that MELEAR PROPERTIES INC. is a corporation organized under the laws of the State of Florida, filed on September 23, 2003. The document number of this corporation is P03000104477. I further certify that said corporation has paid all fees due this office through December 31, 2005, that its most recent annual report/uniform business report was filed on July 22, 2005, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-second day of July, 2005 CR2E022 (2-03) Lu.. [. ~ Qf}lenoa ltr. ~ooo ~.e.crdnr1Z nf~tnt.e CERTIFICA TE OF DESIGNATION OF REGISTERED AGENT/REGISTERED OFFICE H03000282411 PURSUANf TO THE PROVISIONS OF SECTION 607.0501, FLORIDA STAnrrES, THE UNDERSIGNED CORPORATION, ORGANIZED UNDER TIlE LAWS OF THE STAlE OF FLORIDA, SUBMITS TIlE FOLLOWING STATEMENT IN TIlE DESIGNATING THE REGISTERED OFFICE/AGENT, IN THE STATE OF FLORIDA. 1. The: name of the corporation is: Melear Properties Inc. 2. The name and address of the registered agent and office is: Lany Melear Name 4821 Waverly Woods Terrac:e (P.o. Box Of Mail Drop Box NOT Acceptable) LAke Wonh, FL 33463 (City I State I Zip) Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. lfurther agree to comply With the provisions of all the statutes relating to the proper and complete performance of my duties, and am familiar with and accept the obligations of my position as registered agent. L~~~ SIGNATIJRE September 18th, 2003 (Date) H03000282411 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.6 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 0 August 2, 2005 July 18,2005 (Noon,) D October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August I, 2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15, 2005 (Noon) 0 November 1, 2005 October 17, 2005 (Noon) [gJ September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31, 2005 (Noon) D Administrative 0 Development Plans NATURE OF [gJ Consent Agenda D New Business AGENDA ITEM 0 Public Hearing D Legal 0 Bids D Unfinished Business <". . ~ r,\.) 0 Announcement 0 Presentation D City Manager's Report :""L ..........;:::z: ;:x: RECOMMENDATION: r'~,,) l.--i~.. Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with"::bea~:~pp for the property at 7940 Overlook Rd, Lantana, FL (Tropical Terrace L T 5& 6). _:C EXPLANATION: The parcel covered by this agreement includes a single-family home located in the Tropical Terrace project area. Only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution main has recently 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. o FISCAL IMPACT: None ; T.IVES N e. Th: p."el ;s w;thin ~ Ut;Iit;es se"'''e .re'J2.W?g~ CIty Manager's Signature tAt I , I i, ft's Department Name ~ 'X:.. City Attorney I Finance I Human Resources XC: Peter Mazzella (wi copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn File S:\BULLET1MFORMS\AGENDA ITEM REQUEST FCRM.DOC /I 1 RESOLUTION NO. R05-154 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 DEAN COPP; PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 7940 Overlook Road, Lake Worth, Florida (Tropical 14 Terrace Lts. 5 & 6); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 in Tropical Terrace project area which only potable water is available for connection at this 17 time; and 18 WHEREAS, a water distribution main exists in the vicinity allowing for the service to 19 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 Dean S:\CA\RESO\Agreements\Water ServicelCopp Water Service Agreement.doc '/I II 1 i Copp, which Agreement is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this _ day of , 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Attest: City Clerk S:\CA\RESO\Agreements\Water Service\Copp Water Service Agreement.doc TillS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Connnercial 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 ~~ ~. C tt; hereinafter called the "Customer", and the OTY OF BOYNTON BEAC , a municipal corporation of the State of Florida, heremafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits ofthe 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 II 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 conformance 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 when annexation is initiated. The property shall be subject to annexatiC!~ at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform 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 connectiJ?g 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. 'i' 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 prorubitions, restrictions, limitations or requirements oflocaJ, regional, State Of 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 indemnify, defend and hold harmless the City of Boynton Beach, Florida, its.Mayor, Members oftbe 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 connect~ 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 iri this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be boundtbereby. " 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. -y.-t:,Y . II IN WfINESS WHEREOF,_the parties hereto have set thek hands and seals this C)d dayof 11 (.( ~ (.( "::> r , 2ooi. e \ ~-~~ '^ ~ j. l'7c.; C c Printed Witness Name 1 r . ~ INDIVIDUAL(S) AS OWNER(S): j'l '-\...;;' ~ ~. ,. ::::c',' L7. " Owner Signature >>4,.} II, t1if2 Printed Owner Name ' .;:::J..,ilt-~/ GL /' A/& H,4fl/ ,Va Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ":'r I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Co~nty aforesaid to take acknowledgments, personally appeared IJ (J l.. 0 H ' ( '0 P jf7 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: ~- /0 I? ,da ;tJ 12 / v f'//? S ;:.. r ' (' ~ 05; (" . ./K()- ;f1NESS my hand and o!Ecial seal in the County and State last aforesaid this ;). ,') day of CA ~ l.( ') r . 2~ '~ (Notary Seall,,\~V~&'II~ Barbara M. Madden 'c:i'&~~~c " g:>/ ":,-,c;=. OlIlIIUssion # DD125274 :~\. f~E Expires July 19, 2006 ~%OFr{~~'': ~onded Thru 111/11\\\ Atla.ntic Bonding Co., Inc. c ' ff;.'-a, hM M' }~~(43. ~ .- Notary Public '. WITNESS: OTY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) 4 '. ) ss: COUNTY OF PALM BEACH) J 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 affixed 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 ,200_. day of (Notary Seal) Notary Public Approved as to fonn: ,. ;.,.: City Attorney -, 'I 5 ". Palm Beach County Property Appraiser Property Search System Page 1 of2 _"::,,,q;~".,,:; "Fh'o"'art.. Annraiur's Public Accns S~Slllf'1 th_!:'.>t",xn".:;h~'li.q , f("<< I!: s, rr l ~4t~~ <<~1r: .. ~ ~ d, 'M ;1;1 ^~i/is., ,~~ f '" r~ ,.. '. ~~~tiici :4"': ~!~,~,:2.~~~~~_ill1Wv~~x~",~ ~ ~ ^ Property Information Location Address: 7940 OVERLOOK RD 1-"~MaA"'M,>,,,J Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-0050 Subdivision: TROPICAL TERRACE IN Official Records Book: 15795 Page: 74 Sale Date: Aug-2003 Lea.aLDescription: TROPICAL TERRACE L TS 5 &. 6 Owner Information Name: COPP DEAN H 1"'d~A1AU~rs'fT:Im,,1 Mailing Address: 7940 OVERLOOK RD LANTANA FL 33462 6136 Sales Information Sales Date Book/ Page Price Salg-I.y~ Owner l,,s',,,,,, AlLSalesHH;18bl Aug-2003 Aug-1991 May-1983 .1579.sfl~ 069351037Z QJ_9S~10_lZZ $95,000 WA RRANTY DEED COPP DEAN H $68,500 WA RRANTY DEED $56,000 WA RRANTY DEED [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: l.JseCod5=!: 0100 2003 72 801 17 920 90 721 Tax Year 2005 Number of Units: 1 *Total Square Feet: 1666 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: I'"~~l Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: l'i~&J!gHmr"J 1>;!"&'W1>i~<l#<tk>JI ~C"">"'~U"h",,,_>t NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.fl.us/papaJaspxlweb/detail_info.aspx?p _ entity=0043451 007000... 8/19/2005 Rec.9r.QJ:;earct! I illtormation II;~Qf1}J2!Lon~ I COflll..'Tl1J1}Ij;y I I;"mQiQyrllim! I Nr'liJjomG..fuJ.Y'(~.r I QJfiCELocations '''"'',hl_"," ""'"' I ,,~, Q","""" I "'n!Q\ ""''' I D'''J,1",,, ~ 11-- THIS INSTRUMENT PREPARED BY: James A. Cherol, Esquire 3099 East Commercial Blvd. Suile 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF & / IY! t ~tJ. r /; ...,rr: I/We, ,() t" d /7 fl. (10 ~'/ fl , . , 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 CITY 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 '. foffows: '1 ()U-i/.3 -15~ )tJ- 07- CJdo- 065'0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, " ~~ FLORIDA, shall commence and be in tuff force and effect on the <.:9,;) day of rJ" J I"r · 20tJ ,/ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of ftlA. d'u ~t- , in the year two thousand and f/ ().(1 . Sealed and delivered in the presence of '--w.,(/ 82 Witness Sign b ~j( , J&... \A. v...p ". V ~ rr '.c.. Printed Witness Name /J;~ ;~ Owner Signature 4r (" c-'---' /)e-;q Al Il Printed Owner Name GpP II t:J.~ gnature ~o,)~'L/~~ 1t4/./t/() Prin ed Wftness Name ,., ! Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNT'( OF PALM BEACH ) t.-~J THE FOREGOING INSTBUMENT was acknowledged ~efore me this CJ:J...A day of -Yl3 u~ (j b r , ,20Qi, by tJ -t'Ct/1 II. 0 p ~ and , who are known to me or' who have produced F /~ i! / (Ia f) R ;'/J '/"'./<":>~' I... I' 'r r' /Is f as identification and who did/did not take an oath. c...-.~~v?etA_-c,- A, 1i'L c~.zf<C{ NOTARY PUBLIC '\~\~\'~IJ"I, Barbara M. Mad, den ,':\~' <9........ . f ~"''E...f<; ~ CO~ssion # DD125274 :.0)'AI~= ExpIreS July 19, 2006 ~...~;__.7~~~ Bonded Thru "'ig;,;~\\" Atlantic Bonding Co., Inc. Type or Print Name Commission No. My Commission Expires: 0240 0282 ! 0770 124 , ... 2910 2890 12871 2850 840 12830 2810 2800 0730 0280 0220 0180 122 1 in. == 175.1 feet ono ~870 8l1Cl 89(1 ~70( 710 720 2730 2750 Inll( 2190 ! 1211 0210 0290 0100 0800 ~n _._~_. 0200 120( ...... All( ! 1"-'--' 0190 0320 0890 0820 1190 2340 2330 2311 12300 ~2 I 280221( 22IKII<250 2230 ~22( 2200 2180 0171 0330 0871 1180 '--r-"'~ 0830 , 1170 ~~OO( 2010 ~03~ 2040 080 2070 2090 '11~ ~12(1 2130 2141 2160 0160 0341 0660 , 1160 , 0850 --- - .. '., :U 0150 0841 0360 1890 ~611( -~'_.. ,- 1140 )---- ~73D ~no ~870 661 ~85( ~80~ 59C1 ~5l1Cl 0140 ~ 1110 64( 1622 1810 1580 0631 0810 i 0130 0371 0730 ~72(1 1120 0110 ~70Cl p890 ~680 ~67~ p8&c: D65(] P64~ 1)63( P620 1)810 D600 ~590 0120 0390 0890 0571 0560 0610 I I 0110 0400 0900 1110 ! AN II R ~ 1030 I - 0100 0410 0600 0910 1100 ~~~02(l ~410 0420 1)44( ~5( 0460 0470 0481 0491 b51~ 0420 0590 , 0520 D54( P55( 0920 1090 0080 0430 , 0930 , 0570 1070 1061 1050 ~400 1)39CJ r----- ! 0370 ~360 0330 ')32~ 0301 0290 b280 p270 1)260 0010 0440 V 0940 V ~ 0560 0950 1080 ,.:s Rf ,.- '-- .., f--~- .. 0960 1050 1360 ~ ~1ll( 0170 p19CJ 0200 0220 P24( 1)25( 0540 -'- 1581 Ii 1040 0030 0970 I: ~560 I~ t _~~'0J ' 0530 1030 I~ f15( .0001'J 0130 12( 0100 ooao 1)01( 060 0510 1010 1020 05( p040 0020 P01( ! I L :mr=:_ n : I "'-".- RD / ..- I ---- ! +' loe::M ( ; 0020 0010 · 0020 0010 0020 0010 0030 0040 ') 0030 0040 0030 0040 , 03 04 ~ I -- E. ; 3050 i~ 0020 0010 ; ;~ 0030 0040 j 0020 0010 03 04 03 04 \ ~~L__ I, Iii '\ 02'01 0030 0040 - I I r Location Map 7940 Overlook Rd " CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.7 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned m Meeting Dates in to City Clerk's Office Meeting Dates 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) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17, 2005 (Noon) [gJ September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31,2005 (Noon) D Administrative 0 Development Plans NATURE OF [gJ Consent Agenda 0 New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business 0 D '';. -' Announcement Presentation :...,...! 0 City Manager's Report j ~,,--) c. RECOMMENDATION: ..' Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with p:tvidI!~p for the property at 7927 Loomis St, Lake Worth, FL (Tropical Terrace LTS 144 & 145). :.:'?:::; EXPLANATION: The parcel covered by this agreement includes a single-family home in Tropical Terrace. Only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution main exists in the vicinity, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None (V Departme , s Signature ~ihe Utilities service ar..~ City Manager's Signature U+'d,:h~ Department Name '~ ,l.......::.... 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 FORM.DOC All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City sball bave 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 tbe City Water Distribution System to and including tbe 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 acconnnodate 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 autbority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate witb tbe City and not raise opposition or challenge to such annexation if and when 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 inform 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 powe( 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. "1 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 CountYt Aoridat 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 reductiont impairment or termination in water service to be provided under this Agreement due to any prolnbitions, restrictions, limitations or requirements oflocal, regionalt 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 Godt accidents, strikes, boycotts, blackouts, fire, earthquakest other casualties or other circumstances beyond the City's ' reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold hannless the City of Boynton Beach, Aoridat its.Mayor, Members ofthe City Corrnnissiont Officerst employees and agents (Both in their individual and official capacities) from and against all claimst damagest law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in coIlllectifw with , I 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. ~WITNESS WHEREOF,Jhe parties hereto baveset therrbands and seals this ~yof tL{,( ~ t.( sr , 200.2.. WITNESS: .~}atL~t\'[ Witness Signature S't1f{tN CO LL I {J f Pf.!!lted Wit s Name '-, Witness Sign ture 0-" ('..... """"'"' --S. L-J 0. r c~: c... Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVlDUAL (S) NOTARIZATION: STATEOFFLORlDA ) ) ss: COUNTY OF PALM BEACH) , :1'", I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid a d in the County aforesaid to take acknowledgments, personally appeared ~' t,l I' d 2 (.( 0', ::J 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: F-/ ~ ?l { (. I ,!'( jJ /2 {' 1/ {Ie '::. ' L i (- t- //1'5, ..(. 'W![NESS my hand and oflIsial seal in the County and State I, ast aforesaid this I) (.t'day of ~t{ ~ T , 200..:> . (Notary Se~ ",,'.\ p/;'" Barbara M. Madden ~ ~":"&"" "~~ Commission # DD125274 ..~. .C:"" ~0.\ !~~ Expires July 19, 2006 -:., ~:.,...~ ~~~ Bonded 1bru "';/9,:1;~"" Atlantic Bonding Co., Inc. ,., l-~ t(,~4-.~ fit . IJluLiL. Notary Public " WITNESS: OTY OF BOYNTON BEACH, FLORIDA ;~f Kurt Bressner, City Manager AITEST: City Oerk 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 affixed 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 ,200__ day of (Notary Seal) Notary Public Approved as to form: " :.,.. City Attorney -, ;i' 5 .. Palm Beach County Property Appraiser Property Search System Page I of2 ~~~~,'!:~;~:: '~, ,J~f,o~efty Appraiur's Public Access System r~r~' ;ur ~.. :: ~ ~~ 1 :~:i tA~ fj '" ,'" f' r.~ . r. ~ ..~~mW!hml1*w:11i't,ffi4~fT:~", , ~"_,.!:..'~,~~:,~,,~lW,1lillJ .,2,,_ " __ Property Information Location Address: 7927 LOOMIS ST I VIEW Maa. ..1 )t{htf16L~#rfrr . wu~;,.r rF'-- rrrt1v Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Description: UNINCORPORATED 00-43-45-10-07-000-1440 TROPICAL TERRACE IN Page: Sale Date: TROPICAL TERRACE L TS 144 &. 145 Owner Information Name: CRUMP DAVID Mailing Address: 7927 LOOMIS ST LAKE WORTH FL 33462 6121 Sales Information Sales Date Book/Page Jun-1994 08307/1676 Sep-1988 Mar-1985 058lS/070.J. 04522/1013 Price Sale Type Owner $5,000 WA RRANTY DEED CRUMP DAVID $100 Q un CLAIM $24,000 REP DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 2005 2004 2003 $74,420 67,809 59,844 $57,012 31,326 28,160 $131,432 99,135 88,004 Tax Year 2005 Number of Units: 1 *Total Square Feet: 1398 Acres: 0.2296 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2003 69 783 25 000 44 783 l~rudlJ_,~1 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: l~J l&a&a~~ 1il1l&a~"",.,;1 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. .<<"'" "",'" I I,foem,"," I E'~p"'"' I ~""m"""" 1 Emol',,""", I ""W _H9m' ~""r I om" 7~ ~ 4- http://www.co.palm-beach.fl.us/papa/aspxlweb/detail_info.aspx?p _ entity=004345I 007000... 8/1712005 THIS INSTRUMENT PREPARED BY: James A. COOrof. Esquire 3099 East Commercial Blvd. Suile 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF rO / /n h ,[It ( It .,T, I/We, lJ t( (/, rI C"12 (AIr> ? . , 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 CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH fun 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: o 0 - V .}- If' '.;,--- / (J - 0 7 - () 0 () / Y (I () IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of It Ll6 u <:. t . in the year two thousand and F.' t> .( Sealed and delivered in the presence of J-:,a.~ C~M > Witness Signature ,. -7 ti\. <. j (Jf1 /'/ c' 0 L (. If'l~~ Printed Witness Name .L\ ~ kC\.\l Printed Witness Name ,,- ,." r; Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) _) ss: COUNT'( OF PALM BEACH ) of - tfi THE FOREGOING INSTRUMENT was acknowledged before me this I') day 'ft(A~~<:.r , 20//\, by /J~vld L-(2(Afl1/J and , who are known to me or who have produced (1,,' / (l-L /> n. II; e A'S '11 (r? II~~S identification and who did/did not take an oath. r /-00"_ .. ,\\l')'h, ,Barbara M. Madden ...' ~..". I"U ,~ lj:,'-~"~<:(:....commission # DD125274 ::~, ~ ,~/<:: Expires July 19. 2006 -=:';:;;~....._.~'$f Bonded Thru ~""~~,~~\\,,, Atlantic Bonding Co., Inc. ~-t~J~i4'-' ;" /h d~ NOTARY PUBLIC Type or Print Name Commission No. My Commission Expires: ~.. ! 1 in. = 140.7 feet ~ ~ J 1360 I I , 0641 I I-I ~ '. 0631 I 371 390 100 Cj!i 0610 10 0600 20 0590 30 ~ 0570 t-------- ~o 0560 0540 0530 0830 j 0850 I c: , Ii ~ 0870 0890 / I 1180 1170 1160 1140 1120 0900 - 1110 0910 0920 0930 0940 0950 0960 0970 0510 0990 1000 - '--- 3060 3Cl60 ~ 1100 1090 1070 1060 1050 1040 1030 ! 1330 1340 I 1350 I 1360l 1370 1380 1390 1400 1411 1430 IIIIli 1410 1460 1470 10101020 1490 3050 ! ' 1680 1670 ~ ~ ~ ~ '- I ! I 1640 I I 1760 1no 1790 1800 1810 1830 1840 r.I 1850 I IJ 1860 1880 1890 1510 1520 1920 1630 1620 1610 1600 1~ ~/'1580 1550 1540 1530 ,------->---/ Location Map - 7927 Loomis St 1960 1930 1990 - 2070 2050 2010 I RD I " c ~ ..I ~ 'Fi1 ,1. lrfl I VI.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5,2005 September 19, 2005 (Noon) 0 August 16,2005 August 1, 2005 (Noon) 0 October 18,2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17, 2005 (Noon) [gJ September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [gJ Consent Agenda 0 New Business AGENDA ITEM D Public Hearing D Legal 0 Bids 0 Unfinished Business 0 Announcement D Presentation D City Manager's Report RECOMMENDATION: Motion to approve Agreement between the City of Boynton Beach and the Florida International University Board of Trustees for the Metropolitan Center at FlU to act as Consultant in an advisory capacity to the City for the purposes of providing geographic boundaries of City Commission districts for the election of City Commission members. EXPLANATION: The City Commission had approved resolution R05-092 on May 17,2005, to contract with the Metropolitan Center at Florida International University to prepare proposed Commission district boundary maps, based on the 2000 Census. This Agreement was requested by the FlU Finance Department and does not change the original Scope of Services or fiscal impact to the City. This Agreement does designate the City Manager or his Designee as Project Coordinator for purposes of providing information to the Consultant. This Agreement also provides the terms and provisions of invoicing of final payment to the Consultant. PROGRAM IMP ACT: This Agreement does not change or alter the Scope of Services as previously stated and approved by resolution R05-092 FISCAL IMP ACT: This Agreement does not change or alter the fiscal impact as previously stated and approved by resolution R05-092 ~~ City Manager's Signature City Attorney I Finance I Human Resources Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 RESOLUTION NO. R05 -ISh 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 6 AND AUTHORIZING THE CITY MANAGER TO ENTER 7 INTO A CONSULTANT AGREEMENT WITH THE 8 FLORIDA INTERNATIONAL UNIVERSITY BOARD OF 9 TRUSTEES FOR THE PURPOSES OF PROVIDING 10 GEOGRAPHIC BOUNDARIES OF CITY COMMISSION 11 DISTRICTS; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on May 17, 2005 the City Commission authorized the acceptance of the 14 proposal from the Metropolitan Center at Florida International University to provide technical 15 support needed to implement legally enforceable redistricting plans; and 16 WHEREAS, The Florida International University Board of Trustees has requested the 17 consultant Agreement, a copy of which is attached hereto as Exhibit "A", be excuted by the 18 City Manager; and 19 WHEREAS, upon recommendation of staff, the City Commission deems it in the best 20 interest of the citizens and residents of the City of Boynton Beach, Florida to approve and 21 authorize the City Manager to enter into the consultant Agreement with The Florida 22 International University Board of Trustees. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 approve and authorize the City Manager to enter into the consultant Agreement with The 29 Florida International University Board of Trustees to provide technical support needed to 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 II 1 implement legally enforceable redistricting plans. A copy of the consultant Agreement is 2 attached hereto as Exhibit "A". 3 Section 3. This Resolution shall become effective immediately upon passage 4 PASSED AND ADOPTED this day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (city seal) S:\CA\RESO\Agreements\Redistricting Consultant Agmt.doc 1 RESOLUTION NO. R05 -oqa 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING 6 A PROPOSAL BY THE METROPOLITAN CENTER AT 7 FLORIDA INTERNATIONAL UNIVERSITY TO 8 PROVIDE TECHNICAL SUPPORT TO IMPLEMENT 9 LEGALLY ENFORCEABLE REDISTRICTING PLANS, 10 BASED ON THE 2000 CENSUS; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, pursuant to Article II of the City Charter, Section 17(f), Geographic I I 14 i boundaries for each voting district shall be designated, prepared and identified not later than 15 i January, 2006; and 16 WHEREAS, upon recommendation of staff, the City Commission deems it i 17 I appropriate to accept the proposal of the Metropolitan Center at Florida Intemational 18 University, as outlined in the Scope of Work, attached hereto as Exhibit "A", to provide 19 technical support needed to implement legally enforceable redistricting plans, based on the 20 2000 Census. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby accept the proposal of the Metropolitan Center at Florida Intemational University, at a 27 fee of $35,200.00, to provide technical support needed to implement legally enforceable 28 redistricting plans, based on the 2000 Census. A copy of the Proposal/Scope of Work is 29 attached hereto as composite Exhibit "A". 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Section 3. This Resolution shall become effective immediately upon passage 2 PASSED AND ADOPTED this21 day of' June, 2005. CITY OF BOYNTON BEACH, FLORIDA ATTEST: ',\ AGREEMENT THIS AGREEMENT, made this day of , 2005, by and between the CITY OF BOYNTON BEACH, a municipal corporation (herein referred to as City), with an address of 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425 and The Florida International University Board of Trustees (herein referred to as CONSULTANT) with an address of Metropolitan Center, Florida International University, 150 SE 2nd Ave., Ste. 500, Miami, FL 33131. WITNESSETH: That the parties do hereby agree as follows: 1. That CONSULTANT shall act in an advisory capacity of the City for the purposes of providing geographic boundaries of City Commission districts for the election of City Commission members. 2. That CONSULTANT shall develop City Commission districts in such a manner so as to achieve the following objectives to the greatest extent possible: a. Equality of population among the districts; b. Compactness and contiguity of district areas; c. Integrity of neighborhood/community interests; d. Consideration of the interests of sitting commissioners 3. That in preparing the district study, CONSULTANT shall use population data provided by the City, along with additional information and data that may be obtained from standard population data estimation sources. 4. That CONSULTANT will develop district boundaries for consideration by the CITY, along with recommendations as to the manner each meets the stated objectives. Boundary scenarios will be developed for the current required four (4) commission districts. The boundaries shall be drawn in accordance with applicable law and legal precedence. 5. That the City shall provide to CONSULTANT any and all available and pertinent information and base maps. 6. That the City shall designate the City Manager, or his Designee as Project Coordinator for purposes of providing information to CONSULTANT. 7. That all materials and data files delivered to the City under this Agreement shall become the property of the City and shall be available to the City. Nothing contained in this Agreement shall preclude the Consultant or its employees or students from publishing and copyrighting scholarly articles, abstracts, theses and similar documents or presentations concerning the work conducted under this Agreement. 8. That the City shall pay to CONSULTANT the sum of $35,200.00 for the above professional services. Invoice for final payment shall be sent to the Director of Finance at City Hall upon completion of the project, which shall occur on or before [INSERT DATE]. Completion shall be defined to mean the time when a Final Report has been made to the City Commission. 9. That the terms and provisions set forth herein shall constitute the full agreement of the parties. 10. That Consultant shall appear before the City Commission to explain and answer questions relative to the district boundary study performed by CONSULTANT. IN WITNESS WHEREOF, CONSULTANT and the City have executed this Agreement as of the date written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST By: City Manager Approved as to form: City Clerk By: Office of the City Attorney WITNESSES: THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES ~~JZfItU// STATE OF FLORIDA COUNTY OF PALM BEACH ) ) Th510reg, oing instrument was acknowledged before me this / to r+- day of t2lLJ1la.l, 2005, by rt{~c(';t )t~ au'Z'PJ- and , as , 0 The Flonda InternatIOnal Umversity Board of Trustees, by and behalf of the University, and who are personally known to me or produced as identification and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ~ rt.. day of (u.{~' ,2005. ~~'_ My Commission Expires: Uf--' L.-<.... .... .~ Ileana D. Medina N.Qt lie i. \i CommiIIion' 003628020083 ^ - . Expires NoWmber 25. J/-{J4, ('vJ-. I/r d, A 1,- , ., ....... "-r ~1In' -..-- --,,,. Print Name H:\1990\900 182,BB\AGMT\2005-2006 Redistricting.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\tl VI.-CONSENT AGENDA ITEM C.g Requested City Commission Date Final Form Must be Turned ~eeting Dates in to Citv Clerk's Office Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D October 5, 2005 September 19, 2005 (Noon) D October IS, 2005 October 3, 2005 (Noon) D November 1, 2005 October 17, 2005 (Noon) D November 15, 2005 October 31, 2005 (Noon) D August 2, 2005 July IS, 2005 (Noon.) o August 16,2005 August 1,2005 (Noon) o September 6, 2005 August 15,2005 (Noon) [gI September 20, 2005 September 6, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative [gJ D o o o Consent Agenda Public Hearing Bids 0 Development Plans 0 New Business ) ~?~ { D ., Legal D Unfinished Business c;, D Presentation Announcement v~s .~ ,;~- RECOMMENDATION: To name the replacement of Wilson Center in honor of Carolyn Sims,.:' Th~ facility, if approved, would be named the Carolyn Sims Center at Wilson Park. f<~ ;:~ ~ City Manager's Report EXPLANATION: The Recreation & Parks Advisory Board accepted a nomination (exhibit "A") to name the new facility in Carolyn Sims' honor. Resolution No. R03-051 authorized and approved guidelines for the Recreation and Parks Advisory Board to accept nominations, review and forward a recommendation to the Commission for consideration of proposals to name parks, recreation areas, buildings, open spaces and other public facilities owned by the City. These guidelines formulated a policy (Administrative Policy Manual policy #07.03.02) that assists the Commission when considering such proposals. In summary, the policy states: · The Advisory Board is responsible for recommending to the Commission the naming or renaming of facilities subject to the approval of the City Commission. · A written nomination for the facility name shall be submitted along with justification to the Advisory Board. · The nomination shall include the proposed name; reasons for the proposed name and evidence of community support. · The Advisory Board shall review the names or renames to ensure that they create a sense of individual identity, a sense of community and a sense of pride. · Priorities for naming should meet a criterion that includes outstanding community leaders who are deceased and an individual who provided exceptional service in the interest of Parks and Recreation as a whole. · The nomination of qualifYing names shall be introduced at a regularly scheduled Advisory Board meeting. Citizen comments and recommendations must be submitted in writing to the Chairperson of the Parks and Recreation Board no later than 30 days after the meeting at which the nominations are introduced. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM · The Advisory Board shall meet at a regularly scheduled meeting to consider the nominations. Once the Board has made a decision by a simple majority of the members present, the Board Chairperson or authorized designee will present the written recommendation to the Commission for review and approval. · The Commission shall approve by resolution the name recommended by the Advisory Board. The Recreation & Parks Advisory Board received the nomination at their July 25, 2005 meeting. At their meeting on August 22, 2005, the Board received additional letters of support from the community, and considered the nomination. Upon review of all related documentation, the Board unanimously approved the nomination, and forwards this recommendation to the name new facility in Carolyn's honor to the Commission. PROGRAM IMPACT: Carolyn began her career with the City on July 1, 1961 as a pool attendant at Wilson Pool. In her 41 + years of service, Carolyn worked her way up to become the manager at the pool, Wilson and Senior Center. Carolyn was a beacon of goodwill in our community, and was especially devoted to the hundreds of children who took part in the programs she organized. She received many awards in recognition of her years of devoted civic service, and a City Proclamation was made in July 2001, proclaiming July I as "Carolyn Sims Day." The naming of the new facility in Carolyn's honor will be a reminder of her many contributions to the City of Boynton Beach. It will ensure that future generations will always remember Carolyn's legacy. FISCAL IMPACT: Approximately $250 for a brass plaque in the facility. AL TERNA TIVES: Do not accept the recommendation from the Recreation & Parks Advisory Board at this time. ~ignalure Recreation & Parks Department Name ~ ~ City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC II I RESOLUTION NO. R 05 - 157 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING 5 THE RECOMMENDATION OF THE RECREATION 6 AND PARKS ADVISORY BOARD TO NAME THE 7 REPLACEMENT OF WILSON CENTER THE 8 "CAROLYN SIMS CENTER AT WILSON PARK"; 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Resolution No. R03-051 set forth a procedure for the naming of parks, 12 recreation areas, buildings and open spaces and other public facilities owned by the City, and 13 pursuant to Resolution No. R03-051, the Recreation and Parks Advisory Board has 14 recommended to the City Commission that the replacement of Wilson Center should be 15 renamed in honor of Carolyn Sims, and 16 WHEREAS, the City Commission deems it to be in the best interests of the citizens 17 and residents to name the replacement of Wilson Center in honor of Ms. Sims, who, having 18 served over 41 years as an employee of the City of Boynton Beach, worked her way up from a 19 pool attendant to the manager at the pool and Wilson Center, was a beacon of goodwill and 20 devoted to the hundreds of children who took part in the programs she organized; and 21 WHEREAS, the City Commission does hereby approve the recommendation of the 22 Recreation and Parks Advisory Board to name the replacement of Wilson Center in honor of 23 Carolyn Sims. 24 NOW, THEREJ;'ORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption S:\CA\RESO\Legislative Actions\Wilson Center to Carolyn Sims Center.doc Meeting Minutes Recreation and Parks Board Boynton Beach, Florida August 22, 2005 incorrect. There is a second site in the City, Pioneer Canal Park, that also provides fresh water access. Mr. Wildner also noted that Girl Scout Park was a potential fresh water site since it was located on the E-4 Canal. In addition, Mr. Wildner thought the Winchester site could be a prospective freshwater site. Motion Vice Chair Orlove moved to approve the minutes, as amended. Motion seconded by Ms. Thomas and unanimously carried. Mr. Majors distributed letters in support of naming the Wilson Center in honor of Carolyn Sims. Also distributed was information on the Gardens on Spring Creek, Colorado that Ms. Budano provided. V. Unfinished Business (Addressed Out of Order) A. CIP Workshop (August 30th at the Library) Mr. Majors announced there was another CIP Workshop that would take place in the Library Program Room on August 30th at 2:00 p.m. Vice Chair Orlove asked if there would be an opportunity to discuss some of the Board's issues, and Mr. Majors felt that it was possible. If there were any items that Mr. Majors thought the Board would be interested in, he would contact Chairperson Pierce-Roe. Vice Chair Orlove indicated he could attend the workshop as well. B. Recommendation to name new Wilson Center in honor of Carolyn Sims Mr. Majors explained the City's policy on nominating a name. The name must first be introduced at a Recreation and Parks Board meeting. Citizen comments and recommendations must be submitted in writing to the Chairperson of the Recreation and Parks Board no later than 30 days after the meeting at which the nominations are introduced. Mr. Majors noted that several more letters have been received in support of the nomination of the new Wilson Center in honor of Carolyn Sims, which he previously distributed. If the Board approved the nomination, Mr. Majors will present it to the City Commission at the September 20, 2005 meeting. Chairperson Pierce-Roe thought it would be beneficial to have Board representation at that meeting. Mr. Majors noted that the item would be on the Consent Agenda, but he will request it be pulled since members of Ms. Sims' family will be present. 2 Meeting Minutes Recreation and Parks Board Boynton Beach, Florida August 22, 2005 Motion Vice Chair Orlove moved that this Board recommend that the new Wilson Center be named in honor of Carolyn Sims due to overwhelming community support. Motion seconded by Ms. Thomas and unanimously carried. Mr. Majors received another nomination to name the new Intracoastal Clubhouse in honor of former City Commissioner Sam Wright. Mr. Majors presented the request to the Board members to review. He will place it on the next meeting agenda for discussion. VI. New Business (Addressed out Order) A. Bond Issue - November 2006 Election Mr. Majors located a letter that Chairperson Pierce-Roe wrote in 2002 in the event the Board wanted to follow the same process. The letter was addressed to the Mayor setting forth some of the Board's priorities. Mr. Majors pointed out that the next City election takes place in November 2006. If the Board wanted to take the same approach, Mr. Majors thought it would take a year to put everything together. Vice Chair Orlove noted the Board has discussed whether there was community support for a bond issue for recreation and parks projects. After speaking with several people, he has concluded that there is not enough community support to move forward with a bond issue. He questioned if it would be feasible to wait until after the municipal elections are held in 2006. Mr. Majors mentioned that currently there are many projects underway throughout the City that could take up to two years to complete. He thought people might not be open to new projects until the current ones are completed. Mr. Majors agreed that it would be better to wait before moving forward with a recommendation for a new bond issue. Vice Chair Orlove was concerned about the greenways project. He did not want to see this project continually pushed back because the land designated for greenways may be taken for other purposes. He asked if there was a means that the City could move forward with purchasing property for the greenways project Mr. Majors explained if property for the greenways is identified, the Board could endorse them and staff could try to locate funding sources to purchase those properties. Chairperson Pierce-Roe recommended that the Board keep the greenways project in the forefront so it does not get pushed back. Mr. Majors noted staff is developing the greenways' implementation plan that will provide some direction on how to proceed. He anticipated this would take several months. Chairperson Pierce-Roe requested that this be added as an item to the next agenda. 3 ,. RESOLUTION NO. R 03 -05'1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE BOYNTON BEACH RECREATION AND PARKS ADVISORY BOARD TO ACCEPT NOMINATIONS, AND FORWARD A RECOMMENDATION TO THE CITY COMMISSION FOR THE NAMING OF CITY PARKS, FACILITIES, BunnINGS AND OPEN SPACES; APPROVING GUIDELINES FOR THIS REVIEW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, no fonnal policy exists within the City for the naming of parks, recreation areas, buildings and open spaces and other public facilities owned by the City; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents to provide and create established criteria to bring about a sense of individual identity, as well as a sense of community, and consistency in the naming process; and WHEREAS, the City Commission does hereby authorize and approve Guidelines for the Boynton Beach Recreation and Parks Advisory Board to accept nominations, review and forward a recommendation to the City Commission for consideration of proposals to name parks, recreation areas, buildings, open spaces and other public facilities owned by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing recitals are hereby reaffinned, and the City Commission does approve the Guidelines for the Boynton Beach Recreation and Parks Advisory Board to accept nominations, review and forward a recommendation to the City Commission for consideration of proposals to name parks, recreation areas, buildings, open spaces and other public facilities owned by the City S:\CA\RESO\Legislative ActiODS\name policy.doc Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ..1- day of April, 2003. __ _ __..-.4 Commissioner S:\CA\RESO\Legislative ActiOJ18\name policy. doc Exhibit "A" June 28, 2005 Wally Majors, Director Recreation & Parks Department City of Boynton Beach Dear Wally: As you know, Carolyn Sims was a wonderful person who devoted her life to serving children in our community. She worked for the City of Boynton Beach for over 40 years until the day she passed away in January 2002. Much of her career with the Recreation & Parks Department was spent supervising the Wilson Center. Now that the City is replacing this facility, I recommend naming the building in Carolyn's honor. In respect to Mr. Wilson, my recommendation is to retain the name ofthe park as "Wilson Park", and name the new facility as the "Carolyn Sims Center". Sincerely, ,/~~, ~~ ~, ~a~ng ~ August 11, 2005 Mr. Wally Majors, Director City of Boynton Beach Recreation and Parks Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Mr. Majors: As a lifetime resident of Boynton Beach it would be a pleasure to see the rebuilt Wilson Center renamed in honor of Carolyn Sims. I went to school with her children and not only was she a dedicated mother, but a dedicated 'mother' to the community. Mrs. Sims was a positive role model for children of all cultures and abilities; her dedication to the youth of this community was incomparable. Her kindness was genuine and her love of people was authentic. Please accept my recommendation to name the new community center after Mrs. Carolyn Sims. Sincerely, ~L/~( Arkansas Graham ~ . 3962 Windfield Road Boynton Beach, FL 33436 August 12,2005 TO WHOM IT MAY CONCERN: I Elizabeth Jenkins, resident of Boynton Beach, hereby support the choice to name the new Wilson Community Center after the late Carolyn Sims. The memory of Mrs. Sims lives on in the lives of the people she touched, and can now reflect and be acknowledge by those who enter the new center. If additional information is required I can be reached at 737- 3765. Sincerely, e~",M;/._ C1a..-.J;~ Eliz eth Jenkw1s August 10, 2005 To Whom This May Concern: I grew up in the community in which Carolyn Sims lived, and participated in various programs that were offered through the City of Boynton Beach. Mrs. Sims was a mentor, a professional, and gave her 1000/0 heart and devotion to people. Her biggest challenge was to make a difference in the lives of youth. She spent countless hours mentoring youth, providing youth programs, esteem building, and encouraging youth to strive for excellence. She was an asset to the community and all truly will miss her. Her legacy must go on in the community. Considering who she was and the impact she had on the lives of so many people, I would like to recommend that the new Wilson Center Community Facility be named in her honor. Sincerely, (_~Il) ~QtY1O# ck'J22)~ Elder James elly August 10, 2005 TO WHOM IT MAY CONCERN: Please be advised that my husband and I have resided in Boynton Beach for more than thirty years. As residents ofthe City, we have witnessed its growth and vision to obtain W orId Class Status. Our children participated in various Recreational Sports under the supervision and guidance of the late Carolyn Sims. Mrs. Sims believed strongly in the slogan of "leaving no child behind." She embraced people with love and mentored children with fairness. We strongly believe that the legacy she left behind reflects her character and goodwill towards all man. Therefore, as a pillar of the community, the new community center that will replace the existing Wilson Center should be named "Carolyn Sims Community Center." To us community means bringing everyone together to share a common goal, as that's what Mrs. Sims legacy should reflect. Sincerely, ~~~~~ Lester and Sheryl Lockett August 10, 2005 To: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Dear Sirs, I, Stephanie Mingo McKoy, had the privilege of knowing the late Carolyn Sims through her tireless efforts and commitments to the community of Boynton Beach on a personal, as well as a professional level. Mrs. Sims dedicated her time mentoring and encouraging youth on the importance of achieving excellence in everything they do in life. She also impacted the lives of my daughters when they participated in the Black Awareness Coronation Court. In that vain, I support naming the new community center "Carolyn Sims Community Center". Addi tionally, It is my opinion that the City of Boynton Beach would be remiss if this opportunity to honor a great local pioneer, whom the City depended on to build race relations, went unacknowledged. The building will represent a person that was the true epitome of integrity. Consequently, when ci tizens enter the building they will be able to embrace her memory and feel a sense of obligation to continue the Carolyn Sims legacy by uplifting their communities. August 12, 2005 To the Mayor and Commissioner, It gives me great please to embrace the recommendation of the City's recommendation to name the new community center after the late Carolyn Sims. Mrs. Sims was a person that loved God, her family, and the citizens of Boynton Beach. F or years she dedicated her time to rearing children and serving on various committees within the City. Although she's sadly missed her memory still lives on in the lives of our children. I think it will be a great honor for her family as well as the community to name the new building the Carolyn Sims Community Center. Her legacy will therefore continue to be the footprints of one who gave of herself no matter the time or day. ~,incerely,/,\ ( /~ (;) 1 ~/,-, Irene Ireland > i '--................--, \..- August 12,2005 To The Mayor & Commissioners of Boynton Beach: It is with great pleasure that I am sending this letter to highlight on of the most influential people of Palm Beach County and more significantly the Boynton Beach Community. Mrs. Carolyn Sims worked a full-time job for the City of Boynton Beach and worked another 8-10 hours volunteering her time to ensure children had a safe haven to visit with scheduled activities. She also educated and assisted the elderly about various programs they were eligible to participate in. And she encouraged the young adults to participate in sports and further their education in an effort to become productive citizens in their communities. It seems not only a privilege for the Sims family to have this building dedicated, but also a great distinction for the City of Boynton to have such an upstanding citizen to be recognized for her contributions to this City. I am requesting that this building be renamed in honor of the late, great Carolyn Sims. She was loyal to her community. She worked diligently to enhance the quality of life in her community. Sinc,erely, ",/4 , ' ,1. - ,/ I~/;/~ An~ a Girtman August 12, 2005 TO WHOM IT MAY CONCERN: I Hatter Miller, resident of Boynton Beach, hereby support the choice to name the new Community Center after late Carolyn Sims. The memory of Mrs. Sims lives on in the lives of the people she touched, and can now reflect and be acknowledge by those who enter the new center. If additional information is needed I can be reach at 736-7235. Thank you, Hattie Miller I \ ~. " ._ .' rt" /7?(jZJ!..~ '--7 '{ -eLf- ,,--9- /' / (. VI.-CONSENT AGENDA ITEM C.l0 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 Citv Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July IS, 2005 (Noon,) D October 5, 2005 September 19,2005 (Noon) D August 16, 2005 August 1,2005 (Noon) D October IS, 2005 October 3, 2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D November 1, 2005 October 17,2005 (Noon) [gJ September 20, 2005 September 6,2005 (Noon) D November 15, 2005 October 31,2005 (Noon) D Administrative D Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM D Public Hearing 0 Legal D Bids D Unfinished Business D Announcement D Presentation 0 City Manager's Report RECOMMENDA nON: A motion to approve the expenditure of $111,360.00 to Kronos Incorporated of Chelmsford, MA to purchase a software program for Human Resources to track employee attendance as well as employee payroll. This expenditure is to be paid over a four (4) year period. EXPLANATION: Human Resources Department would like to purchase this software program from a source that is offering us a price one half the price listed on the State Contract. Professional Service Training is included in the pricing of the Software and Hardware. The out-right purchase will be paid over four (4) years, (48) payments. An advance payment of $4,640.00 will be applied to the first and last payment. Each payment thereafter is $2,320.00Imonth. PROGRAM IMP ACT: The HRIS will enable the City to more effectively and efficiently manage the processing of personnel functions and improve personnel process flows throughout the City. The HRlS also has proven interoperabilityw,ith the existing HTE system with regard to all personnel activities, further automating a portion of the workload within t9~ HR ,'::! organization. Personnel activities impacted include; the acceptance and processing or potential job candidates, w~~aseH applicant tracking systems integration, automated conversion of job candidates to new hire status, automated new erqi51oyee)' reporting, automated reporting and reconciliation of benefits and benefit changes, real-time organizational structure feporting~r) and updates, electronic processing for employee activity reports and other personnel actions, electronic access t9c:P"amjl1~~-~ data, ability to generate total compensation reports for all employees, establish and maintain employee evaluatiOns inilif electronic format, the ability to use real-time electronic signatures that meet or exceed federal security re4\itrem~ standardized electronic forms generation, and the greatest improvement will be in enabling employees self-serv~ acc..~s'l['~ individual benefits and benefit information, including an electronic open emollment process. !...c' /;:}-;',,",:I ('") Additional advantages include, real-time transaction timestamps, transaction approval tracking, defmed managerial acc~~ to employee information, and complete remote access by all employees to their individual employment data and benefits records with the ability to initiate authorized changes. The implementation of this comprehensive HR Information System also provides benefits to the IT organization by decreasing the workload requirements created by implementing non-integrated systems and having to create complicated system integration scripts and interfaces, and provides them with some embedded applications and tools to maintain and troubleshoot the system given any technical issues. S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: ACCOUNT#: BUDGETED AMOUNT: 2005-2006 001-1610-513.64-14 $25,000.00 NEAR A Budget Transfer from other allocated funding will be issued for the difference in cost. ALTERNATIVES: . Reject the purchase and continue to operate in an inefficient and antiquated manual mode of operation. · Purchase several individual software solutions at a substantially higher combined cost, adding additional staff in the IT department to create and maintain the required networks. . Purchase another integrated HRIS at a substantially higher cost. Procurement Services ~~ Mary Munro Assistant to the Finance Director S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 RESOLUTION R05-/5B 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING AND DIRECTING THE MAYOR AND 6 CITY CLERK TO EXECUTE A LEASE PURCHASE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND KRONOS, INCORPORATED; PROVIDING 9 FOR THE CITY TO ACQUIRE A SOFTWARE 10 PROGRAM AND ASSOCIATED HARDWARE IN 11 ORDER TO PERMIT THE CITY'S HUMAN 12 RESOURCES DEPARTMENT TO MORE 13 ACCURATELY TRACK EMPLOYEE ATTENDANCE 14 AND PAYROLL; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 18 19 WHEREAS, the City of Boynton Beach City Commission finds that the HRIS 20 software program provided by Kronos, Incorporated will enable the City to more effectively 21 and efficiently manage the processing of personnel functions and improve personnel process 22 flows throughout the City; and 23 WHEREAS, the City of Boynton Beach will be purchasing this software program 24 from a source that is offering a price that is one half the price listed on the State Contract 25 and will include Professional Service Training in the price of the software and hardware; 26 and 27 WHEREAS, upon recommendation of staff, the City Commission has determined 28 that it is in the best interests of the residents of the City to execute the LeaselPurchase 29 Agreement with Kronos, Incorporated, a copy of which is attached hereto as Exhibit "A", 30 and incorporated herein by reference. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. " Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize and direct the Mayor and City Clerk to execute the Lease/Purchase 3 Agreement between the City of Boynton Beach and Kronos Incorporated for the 4 lease/purchase of the HRIS software program, a copy of the Lease/Purchase Agreement is 5 attached hereto as Exhibit "A", and incorporated herein by reference. 6 Section 3. This Resolution will become effective immediately upon passage. 7 PASSED AND ADOPTED this _ day of September, 2005. 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 City Clerk 28 29 (Corporate Seal) 30 31 32 S:\CA \RESO\Agreements\Kronos Lease.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 2 252-023-00-1 = Computer Software: Kronos, Inc. Page 1 of 1 Computer Software: Kronos, Inc. 252-023-00- 1 Effective: 05/01/00 through 12/31/05 Rate this contract View survey Results Certification -----..---- Contract Administrator Price Sheet Ordering Instructions Contract Documents Contractors: Kronos Incorporated him : (;'15B .228 ,1:1,241 (s1atepricing/040QIb63 87mO/pboo_k-,-htm http://www.myflorida.com!st_ contracts/25202300 11 911/2005 . KRONOS@ Total investment Interest for 48 Month Financing Grand Total City of Boynton Beach PURCHASE INVESTMENT PROPOSAL Annual Investment Maintenance $ 22,420.00 .- $ 4,500.00 ,/ $ 8,000.00"" $ 1,200.00 $ 9,000.00 ..; $ 1,350.00'- $ 1,000.00 .... $ 800.00 v $ 1,099.00 ......... $ 450.00 ,/ Included $ 3,516.00 v $ 525.00 $ 41,140.00/' $ 5,000.00 ". $ 91,175.00 $ 8,825.00 $ 11 ,360.00 $ 111,360.00 .; Qty Item Description Workforce Central HR. PAYROLL 1 Workforce HR, 900ee 1 Workforce Employee HRlPR, 900ee 1 Managers up to: 80 1 Workforce HRlPR Administrator 20 1 Workforce Connect Unlimited Interface 900 ee 1 Crystal, HRlPR, 10 users 1 MS SQL Server 4 processor license 242 Professional Services HRI Payroll 1 Education HR This proposal is valid until Sept 25,2005 and does not include taxes, shipping, cable or cable installation. Terms are net 30 days and FOB Shipping Point. Professional Service Training is provided at our Kronos Training Facility in a professional classroom training environment. Trainees get hands-on training on software and hardware. All attendees are required to complete the Kronos tutorial prior to attending training, Professional Services hours are an estimate until we spec out the required work needed for this project. .€~ KRONOS@ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: I2-AUG-2005 Page: 1 I 11 Payment Terms Master Agreemnt Customer PO Number Sales Representative Kauss, Zachary A Order Type Standard US Bill To Attn: JACK MATES KRONOS LEASING 297 B1LLERICA RD CHELMSFORD MA 01824 United States FOB Shipping Point Ship Method Ship To Attn: JOHN JORDAN CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD BOYNTON BEACH FL 33425 United States John Jordan J ordanJ@ci,boynton-beach,fl.us License Contact License Email Kronos Leasing Lease Term: _48 Months # of Payments: _48 Total Periodic Lease Charges: $ 2,320 Advance Payment: _$ 4,640.00 Security Deposit: _0_ Purchase Option: $1.00 Lease Schedule #_ Lease Billing Period: Monthly to be applied to the first and last payment. Lease Commencement Date (60 days after shipment) _11/01/05 This Lease Schedule is hereby amended by the Addendwn to Lease Schedule Line Product Product Description Payment Units Qty License Capacity Unit Price Total Price Terms /Billing Role Selling (USD) Selling (USD) 1.0 9990003-MID MOMENTUM MID-MARKET HRMS HR 150 Application Const 170.00 25,500.00 /6)/ 2.0 9990003-MID MOMENTUM MID-MARKET HRMS HR 92 Project Manager ]70,00 15,640.00 I@/ 3,0 TRAINPTSHRMS TRAINING POINTS HR PAYROLL Master PTS 5000 1.00 5,000,?0",@ j Agreemnt 4,1 8800065-000 WF CONNECT v5,UNLlM,EMPLOYEE Master Agreemnt EA 900 1,099,00 1,099.00 (J)I 4.1.1 SILVER-OTHER Silver Support Service Master Agreemnt CON 450.00 ./ 450.00 / Duration: I YR ooo~ 4.2 8800066-000 WF CONNECT v5,UNLlM,I/F Master Agreemnt EA 0.00 4,2,1 SILVER-OTHER Silver Support Service Master Agreemnt CON 0,00 o.oo(j) ./ Duration: I YR 4.4 8700435-001 SW KIT,WF CONNECT v5,O EA 0,00 o.oo(!)/ 5.1 8602381-000 WF ADMINISTRATOR HR/PR v5 Master Agreemnt EA 20 1,000,00 1,000.00 G) I 5.1.1 SIL VER-HRMS Silver Support Service Master Agreemnt CON 800.00 800:00@/ Duration: I YR 5.2 8602379-000 WORKFORCE HR v5 Master Agreemnt EA 900 22,420,00 22'42QOO.~ 5.2,1 SIL VER-HRMS Silver Support Service Master Agreemnt CON 4,500.00 4,500,00 '2 Duration: I YR 5,3 8602382-000 WF EMPLOYEE HRlPR v5 Master Agreemnt EA I 900 8,000,00 8,000.00 ~ invoice amount will reflect deposit received. All professional services are billed as delivered with a payment term of Net Upon Receipt, Unless otherwise indicated above, this order is subject to the attached terms and conditions which the customer acknowledges have been read. ~~ KRONOS@ ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 2 I 11 Line Product Product Description Payment Units Qty License Capacity Unit Price Terms /Billing Role Selling (USD) 5.3.1 SIL VER-HRMS Silver Support Service Master Agreemnt CON 1,200,00 Duration: I YR 5.4 8602383-000 WF MANAGER HRlPR v5 Master Agreemnt EA 80 9,000.00 5.4.1 SIL VER-HRMS Silver Support Service Master Agreemnt CON 1,350.00 Duration: I YR 5.7 8700443-001 SW KIT,WF HRlPR v5,O EA 0,00 5.5 8601963-002 MS SQL SRVR STD2000,2 PRoe Lie Master Agreemnt EA 3,516.00 5,5,1 SIL VER-SQLSERV Silver Support Service Master Agreemnt CON 525,00 Duration: 1 YR Total Price Selling (USD) v' 1,200.00 W 9~00 ~ 1,350.00 ~ O'OO~ 3,516.00 525.00 I : Subtotal 100,000,00 Deposit Total Less Deposit (USD) 0.00 100,000.00 CITY OF BOYNTON BEACH Kronos Incorporated Signature: Name: Title: Signature: Name: Title: Effective Date: Invoice omount will reflect deposit received All professional services are billed as delivered with a payment term of Net Upon Receipt. Unless otherwise indicated above, this order is subject to the attached terms and conditions which the customer acknowledges have been read. ~ KRONOS@ ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 3 I II KRONOS INCORPORATED MASTER LEASE AGREEMENT - Rev KR-071505 Master Lease Agreement # Terms and Conditions CUSTOMER: CONTACT PERSON: PRINCIPAL PLACE OF BUSINESS: TELEPHONE NO.: Kronos Incorporated ("Kronos") and Customer agree that the following Master Lease Agreement ("Agreement") terms and conditions will apply to any Products (as defined in Section 1.3) or services leased by Kronos to Customer, referenced on any Lease Schedule ("Schedule") executed by the parties, I. Lease Term 1.1 Master Lease Agreement Term This Agreement is effective from the date on which it is executed by Kronos and shall continue in full force and effect until all the obligations hereunder and in any Schedule hereto are fulfilled, unless sooner terminated as provided herein, Kronos may, upon thirty (30) days' prior written notice, modifY the terms and conditions of this Agreement. Such modifications shall only be applicable to any subsequent Schedule signed by the parties following such thirty (30) day period, 1.2 Lease Schedule Commencement Date; Term The term of any Schedule shall commence sixty (60) days after the date of shipment of the Products to Customer ("Lease Schedule Commencement Date") and will continue from the first day of the following month for the number of complete calendar months specified in such Schedule. No Schedule shall be cancelable or terminable by Customer before the end of its stated term, except as provided herein, 1,3 Products; Delivery The Products consist of the Equipment and Software listed on the Schedule annexed hereto and incorporated by reference herein and on any additional Schedules for other Products, each of which will be deemed a part hereof and incorporate the terms hereof. Delivery terms are as stated on the applicable Schedule ("Delivery"). 1.4 Shipment and Receipt Confirmation At Kronos' request, Customer shall furnish Kronos with a confirmation statement in a form acceptable to Kronos, for the Products supplied under each Schedule hereto, acknowledging (a) receipt of the Products in good condition, and (b) the lease commencement date, 1,5 Acceptance For Customer's initial lease of each Equipment and Software product Kronos shall provide an acceptance test period (the "Test Period") that commences upon Installation, provided that at the time of Installation Customer is current in all payments then due and owing under this Agreement. Installation shall be defined as: a.) the Equipment, if any, is mounted; b,) the Software is installed on the data base server(s) and/or personal computer(s); and c.) implementation team training is complete. During the Test Period, Customer shall determine whether the Equipment and Software meet the Kronos published electronic documentation ("Specifications"), The Test Period shall be for 30 days, If Customer has not given Kronos a written deficiency statement specifYing how the Equipment or Software fails to meet the Specifications ("Deficiency Statement") within the Test Period, the Equipment and Software shall be deemed accepted, If Customer provides a Deficiency Statement within the Test Period, Kronos shall have 30 days to correct the deficiency, and Customer shall have an additional 30 days to evaluate the Equipment and Software. [fthe Equipment or Software does not meet the Specifications at the end of the second 30 day period, either Customer or Kronos may terminate this Agreement. Upon any such termination, Customer shall return all Equipment and Software to Kronos, and Kronos shall refund any lease payments paid by Customer to Kronos under this Agreement, except for Professional Services costs incurred by Kronos, if any. If the lease payments paid to Kronos by Customer are less than the amount owed to Kronos for Professional Services, Customer shall pay Kronos such balance. Neither party shall then have any further liability to the other for the products that were the subject of the Acceptance Test. 2, Products 2.1 Installation, Use, Alterations and Location Customer agrees that the Products shall be installed, used and maintained in compliance with Kronos' Specifications and with all laws, rules and regulations of the jurisdiction where the Products are located. Customer shall not make any alterations or add attachments to the Products nor shall Customer remove the Products from the place of original installation without Kronos' prior written consent. Kronos shall have the right to enter Customer's premises to inspect the Products during normal business hours. Kronos reserves the right, at its sole discretion and at no additional cost to Customer, to replace any Products with newer technology Products, as long as the newer Products provide at least the same level of functionality as those being replaced. .~~ KRONOS@ ~ Kronos Order Form Kronos Incorporated 297 BilIerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 4 I 11 2.2 Title Except when otherwise noted on a Schedule, all Equipment shall remain the property of Kronos unless and until the appropriate Purchase Option is exercised and paid for in full, All Equipment is, and at all times shall remain, separate items of personal property, notwithstanding their attachment to other equipment or real property. Customer shall not sell or otherwise encumber the Products. 2,3 Risk of Loss Upon delivery, Customer shall bear all risk of loss, damage or destruction of the Products, whether or not covered by insurance. In the event of loss or damage, Customer shall promptly notify Kronos, and shall at Kronos' option, (i) place the Product in good condition and repair, or (ii) replace the Product. No loss, theft or damage after shipment ofthe Products to Customer shall relieve Customer from its obligations under this Agreement. 2.4 Insurance Customer shall provide at its expense, (i) insurance against the loss, theft or damage of the Products for the full replacement value of the Products, and (ii) insurance against general liability and property damage. Upon Kronos' request, Customer shall provide Kronos with a certificate of insurance indicating that such coverage is in effect, naming Kronos or its assignee as loss payee and/or additional insured, as may be requested. 2.5 Sublease Customer may not sublease any of the products leased hereunder or assign this Agreement without Kronos' prior written consent. 3, Total Periodic Lease Charges; Taxes; Payments; Purchase Option 3 .1 Total Periodic Lease Charges Customer understands and agrees that the lease fees due hereunder are due and payable to Kronos for each period of the lease term specified in each Schedule, in advance, on the first day of each period ("Total Periodic Lease Charges"), Such fees shall be absolute and unconditional and shall not be subject to any abatement, reduction, set off, counterclaim, interruption or recoupment for any reason whatsoever. Customer shall pay the Total Periodic Lease Charges, and any applicable sales and use tax reflected on an invoice, to Kronos at the address specified in such invoice or to such other place as Kronos may direct. If Customer fails to pay any amount when due under this Agreement, Customer shall pay as an administrative and late charge, a fee equal to five percent (5%) ofthat amount. In addition, Customer shall pay interest at the rate of one and one half percent (1 1,%) per month (but not to exceed the maximum allowed by law) on such delinquent amount until the date of payment. Customer's obligations under this subsection shall survive the expiration or termination of this Agreement. 3,2 Taxes Except for sales and use tax reports and returns which shall be filed by Kronos, Customer shall promptly file when due any necessary reports and returns required by law to be filed and to pay when due, directly to the appropriate taxing authority, any taxes required by law to be paid by Customer based on this Agreement. Kronos shall invoice Customer for any applicable sales and use tax amounts, and Customer agrees to remit such amounts to Kronos within 30 days of receipt. If Kronos has retained title to the Equipment pursuant to Section 2.2, then Kronos will file applicable personal property tax returns and will pay any applicable personal property taxes to the appropriate taxing jurisdiction, Customer agrees to reimburse Kronos for any such personal property taxes. Customer's obligations under this section shall survive the expiration of this Agreement. 3,3 Purchase Option If Customer elects to exercise the Purchase Option provided in any Schedule, then at the termination of the applicable Schedule, and provided Customer is not in default under this Agreement, Customer may purchase the leased Equipment and a license to use the leased Software for the Purchase Option amount set forth on the corresponding Schedule. Title to the Equipment and a license to use the Software which are subject to the Purchase Option shall pass upon payment in full of the Purchase Option price and all other amounts due, 3.4 Advance Rent If any Schedule provides for Advance Lease Fees, such Advance Lease Fees shall be applied to the months specified in such Schedule, 3,5 Security Deposit If any Schedule provides for a Security Deposit, then Customer hereby agrees to deposit with Kronos the Security Deposit to more fully secure its lease payments and all other obligations to Kronos hereunder. Such Security Deposit shall bear no interest, and may be commingled with other funds of Kronos. Upon termination of this Agreement, and satisfaction of all of Customer's obligations, any remaining Security Deposit shall be returned to Customer. 4. Software License 4,1 License From the date of shipment through the end of the term specified on the Schedule, Kronos grants to Customer a non-exclusive, perpetual, (except as provided herein and after full payment of all lease obligations including the purchase option by Customer), nontransferable license to use the Software listed on such Schedule, subject to the terms herein, Kronos owns or has the right to license the Software. The Software and Software documentation are confidential and may not be disclosed to a third party without Kronos' written consent, The Software contains proprietary trade secret technology. Unauthorized use and copying of such Software is prohibited by law, including United States and foreign copyright law. The Total Periodic Lease Charges paid by Customer which are attributable to the license for the Software constitute a license fee that entitles Customer to use the Software as set forth herein. The License is subject to all of the terms of this Lease, including those set forth below; ~~ KRONOS@ ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 5 / II 4.2 Fee Based Limitations Customer recognizes and agrees that the license to use the Software is limited, based upon the amount of the Total Periodic Lease Charges paid by Customer which are attributable to the license for the Software, Limitations, which are set forth on the Lease Schedule, may include the number of employees, simultaneous or active users, Software product modules, Software features, computer model and serial number and/or the number of terminals to which the Software is permitted to be connected. Customer agrees to: 1) use the Software only for the number of employees, simultaneous or active users, computer model and serial number and/or terminals permitted by the applicable Total Periodic Lease Charges attributable to the license for the Software; and 2) use only the product modules and/or features permitted by the applicable Total Periodic Lease Charges attributable to the license for the Software; and 3) use the Software only in support of Customer's own business. Customer agrees not to increase the number of employees, simultaneous or active users, terminals, product modules, features, or to upgrade the model, as applicable, unless and until Customer pays the applicable fee for such increase/upgrade, Customer may not relicense or sublicense the Software to, or othelWise permit use of the Software (including timesharing or networking use) by any third party. Customer may not provide service bureau or other data processing services that make use of the Software without the express prior written consent of Kronos, 4.3 Object Code Only Customer may use the computer programs included in the Software (the "Programs") in object code form only, and shall not reverse compile, disassemble or othelWise convert the Programs into uncompiled or unassembled code. 4.4 Permitted Copies Customer may copy the Programs only as reasonably necessary to load and execute the Programs and for backup purposes only. All copies of the Programs or any part thereof, whether in printed or machine readable form and whether on storage media or othelWise, are subject to all the terms of this license, and all copies of the Programs or any part of the Programs shall include the copyright and proprietary rights notices contained in the Programs as delivered to the Customer. 4,5 Updates In the event that Kronos supplies Service Packs, Point Releases and Major Releases (including legislative updates if available) the Software, (collectively referred to as "Updates"), such Updates shall be part of the Software and the provisions of this license shall apply to such Updates and to the Software as modified thereby, 4.6 iSeries Software If Customer is licensing Kronos iSeries Central Software, the following additional terms shall apply: Upon Customer's request and provided Customer is not in default hereunder or under any Schedule, Kronos shall license to Customer, for Customer's internal use only, the source code for the Kronos iSeries Central application programs licensed to Customer under the applicable Schedule, All of the terms and conditions specified in this Agreement for object code shall also apply to the source code, Customer acknowledges and agrees that the Software, all source code, object code and algorithms relating thereto, all user interface screens generated by the Software and source code, and all copyright, trade secret and other proprietary rights therein, are and shall remain the sole and exclusive property of Kronos. Customer agrees that it shall not disclose or othelWise make the Software available to third parties unless such disclosure is necessary for Customer's permitted use of the Software. Furthermore, Customer must obtain Kronos' written consent to any such disclosure and any such third party must agree in writing to be bound by the terms contained herein, 4,7 Microsoft SQL Server Software If Customer is sublicensing Microsoft SQL Server Software, the following additional terms shall apply: The Microsoft SQL Server Software being sublicensed hereunder ("SQL") as part of the Kronos Software is "Runtime-Restricted Use" software; as such, SQL may only be used to run the Software. SQL may not be used either (i) to develop and/or (ii) in conjunction with new applications, databases or tables other than those contained in the Software. The foregoing, however, does not prohibit Customer from using a tool to run queries or reports from existing tables and/or from using a development environment or workbench, which is part of the Software to configure or extend such Software. Notwithstanding any provision of this Agreement, Customer may only transfer SQL as part of the Software. Customer also agrees to use the Microsoft SQL Server software only on the servers, processors or other electronic devices which the Software is permitted to be connected. 4,8 Training Materials If Customer is licensing Training Materials and/or purchasing the Kronos Train-the- Trainer (KTT) Program (the "Certification Program"), the following additional terms shall apply: "Training Materials" shall mean the instructor guide(s), student guide(s), job aids, recorded executable files and/or tutorials developed by Kronos for one or more Kronos products. Kronos grants to Customer a non-exclusive, nontransferable license to use the Training Materials. Customer recognizes and agrees that: L) the Training Materials constitute confidential and proprietary information of Kronos; ii) the Training Materials are copyrighted by Kronos; iii,) the license to use the Training Materials is limited based upon the amount ofthe license fee paid by Customer; iv.) Customer may not copy or reproduce the Training Materials in excess ofthe number of copies permitted by the applicable license fee; v.) Customer may not transmit, distribute or disclose the Training Materials to any third party, unless agreed to in writing by Kronos; vi.) Customer's license to use the Training Materials is granted solely for the purpose of permitting Customer to train Customer's employees and no other use of the Training Materials is permitted; and vii) Customer may not edit, modify, revise, amend, change, alter, customize or vary the Training Materials in any manner without the written consent of Kronos, Certification under the Certification Program is valid for two (2) years after successful completion of the Certification Program, applies only to the point release of the Software for which the Certification Program is taken, and covers only the Customer employee who completes the Certification Program. 5. Services 5.1 Software Support Options Customer may select from the following Software support options: Silver, Gold (or Gold Plus), and Platinum (or Platinum Plus) support ("Service Type"), each providing different service coverage periods and/or service offerings, as specified herein ("Service Offerings"), and in the Kronos ~~ KRONOS0 ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 6 I 11 Support Service Polices (see Section 5,13 below). Customer must procure the same Service Type for all of the Software specified on the Lease Schedule, (however, if Customer is procuring support services for V isionware Software, Customer may only procure Gold Service Type for the Visionware Software), All Updates shall be provided via remote access, 5.2 Software Support Service Offerings Provided for all Service Types (Silver, Gold, Gold Plus, Platinum or Platinum Plus) Customer shall be entitled to receive: a, Updates for the Software (not including any Software for which Kronos charges a separate license fee) provided that Customer's operating system and equipment meet minimum system configuration requirements, as reasonably determined by Kronos. If Customer requests Kronos to install such Service Packs, Point Releases and/or Major Releases (including legislative updates, if available) or to provide retraining, Customer agrees to pay Kronos for such installation or retraining at Kronos' then-current time and materials rate, b. Telephone and/or electronic access to the Kronos Global Support Center for the logging of requests for service during the Service Coverage Period. c, Web-based support including access to Software documentation, live online help, FAQ's, access to Kronos knowledge base, Customer forums, e-case management and e-mail support, Such offerings are subject to modification by Kronos. Current offerings can be found at www.kronos.comlcustomer. d. Remote diagnostic technical assistance to resolve Software functional problems and user problems during the Service Coverage Period. 5.3 Software Support Services Offerings Additional to Those Specified Above Provided by Service Type a. Gold and Platinum: Technical advisories, learning quick tips, brown bag seminars, technical insider tips, SHRM e-1earning, HR Payroll Answerforce and service case studies, Such offerings are subject to modification by Kronos without notice. Current offerings can be found at www.kronos.comlcustomer. b, Gold Plus: Customers procuring Gold support service may procure, for an additional fee, the Gold Plus services of a dedicated, but not exclusive, Kronos technical account manager ("Technical Account Manager") to provide on-going account management support to Customer. Customer shall designate up to one primary and one secondary backup technical contact ("Technical Contacts") to be the sole contacts with the Technical Account Manager. Customer is required to place primary Technical Contacts through Kronos certification support training for the Software covered under this Agreement at Customer's expense. c. Platinum: A one day per year onsite visit to be performed at the Customer location where the Software is installed. During this onsite visit, a Kronos application consultant shall work with Customer to identifY ways to help Customer increase functionality or maximize utilization of the Software in Customer's specific environment, provided Customer's annual Software support fee is at least $5,000 per year. Customer must be utilizing the then-current version of the Software, Travel time and expenses are not included and shall be charged to Customer at Kronos' then- current rate. Platinum Customers also receive two hour or less response time for all calls placed to Kronos Global Support, regardless of the Priority level. d. Platinum Plus: Customers purchasing Platinum support services may purchase, for an additional fee, the Platinum Plus services of a dedicated, but not exclusive, Kronos Technical Account Manager. Customer shall designate up to two primary and three secondary backup Technical Contacts to be the sole contacts with the Technical Account Manager. Upon request, Customer may designate additional and/or backup Technical Contacts. Customer is required to place all primary Technical Contacts through Kronos certification support training for the software covered under this Agreement at Customer's expense, 5.4 Equipment Depot Exchange Support Options If Customer selects depot exchange support services, the provisions of this Section 5.4 shall apply, Upon the failure of an installed Product, Customer shall notifY Kronos' Global Support organization at I-S00-394-4357 of such failure. Global Support will provide remote fault isolation and attempt to resolve the problem, Those failures determined by Global Support to be Product related shall be dispatched to the Depot Repair Center by Global Support. Hours of operation for the Depot Repair Center are Monday through Friday 8:00 A.M, to 5:00 P.M. EST, excluding Kronos holidays, Kronos will provide a replacement for the failed Product on an "advanced exchange" basis, utilizing a carrier of Kronos' choice. Replacement Product will be shipped the same day, for next business day delivery to Customer, ifsuch request is received prior to 3:30 P.M, EST. REPLACEMENT PRODUCTS(S) MAY BE NEW OR RECONDITIONED. Customer shall specifY the address to which the Product is to be shipped, and any special shipping or insurance instructions. All shipments will include a Return Shipping Label designating Kronos Depot, 300 Billerica Road, Chelmsford, Massachusetts 01824, as the recipient, Customer agrees that it shall return failed Products promptly as the failures occur and that is shall not hold failed Equipment and send failed Product to Kronos in "batches" which shall result in a longer turnaround time and surcharge to Customer, Customer, upon receipt of the replacement Product from Kronos, shall package the defective Product in the materials provided by Kronos, with the return label supplied. Failed Product not received by Kronos within ten (10) calendar days shall be billed to the Customer at the prevailing Kronos List Price. All returned Product becomes the property of Kronos, Failed Product returned between calendar days eleven (II) through thirty (30) will be subject to an additional $150 processing fee. Kronos will not accept Product after thirty (30) days, and Customer shall not be issued any credit for any attempted return, All Products shall be delivered to Customer FOB shipping point. Title to and risk ofloss for the Products shall pass to Customer upon delivery to the carrier by Kronos. All shipments to Kronos shall be made "freight prepaid" using the Return Shipping Label and shipping instructions as specified by Kronos. Kronos will select the camier to be utilized under the program. . ~~ KRONOS@ ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 7 I 11 5.5, Equipment Depot Repair Support Option If Customer selects depot repair support services, the provisions of this Section 5.5 shall apply. It is Customer's obligation to purchase and retain, at Customer's location and at Customer's sole risk and expense, a sufficient number of spare products ("Spare Products") to allow Customer to replace failed Products at all Customer locations. Upon failure of an installed Product, Customer shall install a Spare Product to replace the failed Product. In addition, during the hours ofS:OO a.m. to 5:00 p.m. EST, Monday through Friday, exclusive of Kronos holidays, Customer shall call Kronos Global Support Organization at I-S00-394-4357 to notify them of such failure. Global Support will provide remote fault isolation and attempt to resolve the problem, Those failures determined by Global Support to be Product related shall be dispatched to the Depot Repair Center by Global Support. Customer shall be provided with a Return Authorization number for the failed Product. Customer shall also specify the address to which the repaired Product should be shipped, and any special shipping or insurance instructions, Customer shall then return, at its expense and its risk of loss or damage, the failed Product, with the required Retum Authorization Number to the Kronos Depot, 300 Billerica Road, Chelmsford, Massachusetts 01824. Customer shall make every reasonable effort to return the failed Product using the same packing materials in whcih the original Product was sent. Customer agrees that it shall reutm failed Products promptly as the failures occur and that it shall not hold failed Equipment and send failed Product to Kronos in "batches" which shall result in a longer turnaround time and surcharge to Customer. Upon receipt of the failed Product, Kronos shall repair the failed Product and return it, within ten (10) business days after receipt, to Customer. Unless specified otherwide by Customer at the time of Customers' call for a Return Authorization Number, Kronos shll ship the repaired Product by regular surface transportation to the Customer's address specified on the Order Form. All Products shall be delivered to Customer F,O.B, shipping point, Title to and risk of loss for the Products shall pass to Customer upon delivery to the carrier by Kronos. All shipments by Kronos shall be made "freight prepaid", with shipping and handling charges billed to Customer by Kronos, In the absence or prior shipping instructions, Kronos will select the carrier on behalf of Customer, but shall not assume any liability for shipment. 5,6 Customer's Responsibilities For both depot exchange or depot repair options, Customer agrees to; (a) Maintain the Equipment in an environment conforming to Kronos' established specifications for such Equipment; (b) Deinstall all failed Equipment and install all replacement Equipment in accordance with Kronos' published installation guidelines; and (c) Replacement Equipment may be new or reconditioned, Ensure that the Equipment is returned to Kronos properly packaged. 5.7 Delivery of Repaired Equipment All Equipment repaired by Kronos under this Section 5 shall be delivered to Customer in accordance with the delivery terms applicable to each repair option as described above, 5,8 Addition of Software or Equipment Additional Software or Equipment leased by Customer shall be added to this Agreement at the same support option as the Software or Equipment originally specified on the lease schedule. Customer agrees to pay the charges for such addition and any such addition shall be automatically renewed as provided in these terms, 5.9 Responsibilities of Customer Customer agrees (a) to provide Kronos personnel with full, free and safe access to Software for purposes of support, including use of data communication facilities, if required; (b) to maintain and operate the Software in an environment and according to procedures which conform to Kronos' specifications; and (c) not to allow support of the Software by anyone other than Kronos without prior written authorization from Kronos, 5,10 Repair Warranty Kronos warrants that all repairs performed under Section 5 ofthis Agreement shall be performed in a professional and competent manner. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY, ARE EXCLUDED BY AGREEMENT OF THE PARTIES. 5.11 Limitation of Remedies Customer's exclusive remedy, and the sole liability of Kronos for any breach of the Warranty specified in Section 5.10 above shall be repeat performance of any support service required under this Agreement. Kronos agrees to be liable for tangible property damage or personal injury caused solely by the negligence or willful misconduct of its support service employees. 5,12 Support Term and Renewal Support service shall commence on the Software Delivery date and shall continue for the term of support coverage set forth on the Lease Schedule. At the completion of the term of support coverage set forth on the Lease Schedule, support services shall automatically renew for additional one year terms under the terms and conditions specified in this Section 5, unless either party notifies the other in writing within thirty (30) days of the support renewal invoice date. Such renewal shall be based on the support services fee set forth on the Lease Schedule and shall be for an amount equal to the pro-rated annual value for such support services, plus a 5% increase for each year of the support coverage period. 5.13 Kronos Support Service Policies Kronos' then current Support Services Policies shall apply to all Support Services purchased and may be accessed at: http://www.kronos.comlSupportlSupportServicesPolicies.htm ("Support Policies"), In the event of a conflict between the Support Policies and this ~~ KRONOS0 ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 8 I 11 Agreement, the terms of this Agreement shall prevail. 5,14 Professional Services And Educational Services a), Estimated Professional Services Resources and Hours Customer recognizes and agrees that the Kronos Professional Services resources ("PS Resources") and the hours defined within any Professional Services Estimate ("PSE") or similar statement of work document that may be provided by Kronos have been estimated based upon: (i) the preliminary information provided by Customer; and, (ii) Customer fulfilling its obligations as defined in the PSE or similar statement of work. Additional PS Resources and/or hours may be required to complete the implementation as a result of newly discovered information, Customer's delay in fulfilling its obligations, or a change in the scope of the project. Kronos will review with Customer the PS Resources and the number of hours Kronos anticipates will be required for the completion of the work after assessment of Customer's requirements, Kronos will monitor the PS Resources and hours used as the work progresses, and will advise Customer through a change order if more are required. The applicable rate for each PS Resource is set forth in the PSE and/or the Order Form and shall remain in effect for 12 months from the effective date of the PSE or similar statement of work document. Pricing for professional services associated with the implementation of add-on Software licensed subsequent to an initial PSE will be priced at the then-current Kronos professional service rates. Customer may finance the estimated hours by including the estimated cost of the services to be provided on a Schedule. If more hours are required to complete the implementation than were estimated, Kronos will invoice Customer for incremental professional services provided at the PS Resource Rates identified in the PSE and Customer Agrres to pay such charges within 30 days after recipt of invoice by Kronos, b). Educational Services; Training Points Customer agrees to purchase the quantity of Kronos "training points" indicated on the Schedule at the rate quoted (the "Training Points"), Purchased Training Points may be redeemed for an equivalent value of instructer-Ied training session offered by Kronos, Available instructor-led sessions are listed at http;//customer,kronos,com and each session has the Training Points value indicated. Training Points may be redeemed at any time within 12 months of the date of the applicable Lease Schedule, at which time they shall expire, Training Points may not be exchanged for other Kronos products and/or services. c), Travel Expenses Customer agrees to reimburse Kronos for all reasonable and necessary travel incurred by Kronos in the performance of any professional and/or educational services, provided that such expenses comply with the then current Kronos' Travel and Expense Policies. Customer further agrees to pay any travel expenses such as airfare, lodging, meals and local transportation incurred by Kronos to deliver purchased professional services and/or educational services in accordance with Kronos' Travel and Expense Policies. Customer will be billed by Kronos for such travel expenses and payment thereof shall be due net 30. d), Warranty Kronos warrants that all professional and educational services performed under this Agreement shall be performed in a professional and competent manner. In the event that Kronos breaches this warranty, and Customer so notifies Kronos within 90 days of completion of the Services, the Customer's sole remedy and Kronos' exclusive liability shall be to reperform the deficient services. e), Kronos ProfessionallEducationa1 Services Policies Kronos' then current ProfessionallEducationa1 Service Policies shall apply to all Professional and/or Educational Services purchased and may be accessed at: http;//www.kronos.comlSupport/Professiona1ServicesEngagementPolicies.htm. ("Professional Services Policies"). In the event of a conflict betweent the Professional Services Policies and this Agreement, the terms of this Agreement shall prevail. 6. Equipment and Software Media Warranty Kronos warrants that all Kronos Equipment and Software media shall be free from defects in material and workmanship for a period of ninety (90) days from Delivery, In the event ofa breach of this warranty, Customer's exclusive remedy shall be Kronos' repair or replacement of the deficient Equipment and/or Software media, at Kronos' option, provided that Customer's use, installation and maintenance thereof have conformed to the Specifications. This warranty is extended to Customer only and shall not apply to any Equipment, (or parts thereof) or Software media in the event of: (1) damage, defects or malfunctions resulting from misuse, accident, neglect, tampering, (including modification or replacement of any Kronos components on any boards supplied with the Equipment), unusual physical or electrical stress or causes other than normal and intended use; (2) failure of Customer to provide and maintain a suitable installation environment, as specified in the Specifications; or (3) malfunctions resulting from the use of badges or supplies not approved by Kronos. EXCEPT AS HEREIN EXPRESSL Y STATED, THE PRODUCTS ARE PROVIDED "AS IS," AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERA TlON OF LAW OR OTHER WISE, MADE OR AUTHORIZED TO BE MADE WITH RESPECT TO ANY PRODUCTS OR SERVICES FURNISHED HEREUNDER. KRONOS DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, If Customer is licensing Workforce Payroll Software, Customer acknowledges and agrees that the following additional warranty exclusions shall apply: (i) Customer is solely responsible for the content and accuracy of all reports and documents prepared in whole or in part by using the Software, (ii) using the Software does not release Customer of any professional obligation concerning the preparation and review of such reports and documents, (iii) Customer does not rely upon Kronos, Best Software, 1nc, or the Software for any advice or guidance regarding compliance with federal and state laws or the appropriate tax treatment of items reflected on such reports or documents, and (iv) Customer will review any calculations made by using the Software and satisfy itself that those calculations are correct. . ~~ KRONOS0 ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 9 I 11 7. Default by Customer; Remedies Upon Default 7.1 Default by Customer Customer shall be deemed in default if Customer (a) defaults for ten (10) days in the payment of any amount due hereunder or under any support agreement with Kronos for Products leased hereunder, (b) defaults for ten (10) days after notice in the performance of any other of its obligations under this Agreement or under any support agreement with Kronos for Products leased hereunder, (c) files or has filed against it any proceeding in bankruptcy or similar laws for the relief of debtors, (d) becomes insolvent or unable to pay its debts when they mature, ( e) has any substantial part of Customer's property become subject to any levy, seizure, assignment, application or sale for or by any creditor or govemmental agency, (f) admits in writing its inability to pay its debts as they mature, (g) permits the Products to become subject to any lien or other encumbrance, (h) except as provided in Section 2.5, attempts to assign its rights and obligations under this Agreement, which assignment shall be void, or (i) Customer sells or disposes of all or substantially all of its assets, 7.2 Remedies Upon Default If Customer is in default, Kronos may, at its option and upon written notice to Customer, (a) terminate this Agreement, whereupon any interests of Customer in the Products shall cease, but Customer shall remain liable as hereinafter provided, (b) declare all amounts due and to become due, immediately due and payable, (c) terminate or suspend support service, and (d) whether or not this Agreement is terminated, take immediate possession of any or all of the Products wherever situated, In order to protect the interests and reasonably expected profits and bargains of Kronos, in the event of any such termination, Kronos has the option to (i) retain all Total Periodic Lease Charges and other sums heretofore paid by Customer, including Advance Lease Fees and Security Deposits, ifany, (ii) re-lease all or any part of the Products upon such terms as Kronos shall elect, or sell all or any part of the Products at public or private sale and either for cash or on credit, (iii) recover from Customer any additional Total Periodic Lease Charges which would have accrued and become due for the balance of the term of this Agreement, and (iv) recover from Customer any and all damages which Kronos shall sustain by reason of breach by the Customer of any of the terms of this Agreement. In addition, Kronos shall be entitled to recover a reasonable sum for attorney's fees and such expenses as shall be expended or incurred in the seizure, rental or sale of the Products, including a late payment charge of one and one half percent (I 1/2%) per month but not in excess of the lawful maximum on the unpaid balance. These remedies are cumulative and in addition to all other rights and remedies available to Kronos under this Agreement, by operation of law or otherwise, In the event of termination, at Kronos' option, (i) Customer shall deliver the Products, including all copies of the Software to such location as Kronos shall designate, freight prepaid, or (ii) the local Kronos service office or its designee shall disconnect, crate and return the Products, including all copies of the Software to Kronos, at Customer's expense, Products will be returned to Kronos in the same condition as when received, reasonable wear and tear excepted, 8, Limitation of Liability CUSTOMER'S EXCLUSIVE REMEDIES AND KRONOS' SOLE LIABILITY FOR ANY KRONOS BREACH OF THIS AGREEMENT ARE EXPRESSLY STATED HEREIN. EXCEPT AS PROVIDED IN THIS AGREEMENT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PUPOSE, ARE EXCLUDED, EXCEPT FOR KRONOS'INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTON 10.9 BELOW, IN NO EVENT WILL KRONOS' OR ITS PARENTS', SUBSIDIARIES', AFFILIATES' OR THIRD PARTY LICENSOR'S LIABILITY TO CUSTOMER, HOWSOEVER CAUSED, EXCEED ONE (1) YEAR OF THE TOTAL PERIODIC LEASE CHARGES FOR THE LEASE OF THE PRODUCTS FROM WHICH THE LIABILITY RESULTED, AND IN NO EVENT WILL KRONOS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES OR THIRD PARTY LICENSORS BE LIABLE FOR LOST PROFITS, LOST DATA OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR THE EXISTENCE, FURNISHING, FUNCTIONING OR CUSTOMER'S USE OF, OR INABILITY TO SO USE, ANY EQUIPMENT, SOFTWARE OR SERVICES PROVIDED FOR IN THIS AGREEMENT. 9, Notices All notices shall be given by fax, overnight courier or by regular U .S, mail or certified or registered mail, postage prepaid and, if mailed, shall be deemed given three (3) business days after mailing, or ifby other permitted means, upon receipt. For Customer, such notice shall be sent to the Chief Financial Officer, at the address on the face of this Agreement, unless otherwise specified in writing by Customer to Kronos, For Kronos, such notice shall be sent to its corporate headquarters, (attention, Leasing Department), as specified on the applicable Schedule, The parties agree to accept delivery of any notice. 10, General 10.1 Entire Agreement This Agreement, including the Schedule and any additional Schedules entered into after the date hereof, contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all other oral, written or other communications between them concerning its subject matter. This Agreement shall not be modified in any way except by a writing signed by both parties. 10.2 Illegality or Invalidity If any provision of this Agreement (or any portion thereof) shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not be in any way affected or impaired thereby. 10,3 Assignment Kronos or any of its assignees may, at any time, assign its title to the Equipment, its license of the Software, and its rights under this Agreement to the Products and/or to the Total Periodic Lease Charges and other sums at any time due and to become due, by Customer, under any of the provisions ~ KRONOS@ ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 10 I 11 of this Agreement or may grant a security interest in any or all of the Products, Customer and Kronos agree that no assignee of Kronos shall be obligated to perform any duty, covenant or condition required to be performed by Kronos under any of the terms hereof, and the rights of any assignee of Kronos in and to the sums payable by the Customer under any provisions of this Agreement shall not be subject to any abatement whatsoever, and shall not be subject to any defense, setoff, counterclaim or recoupment whatsoever by reason of any damage to or loss or destruction of the Products, or any part thereof, or by reason of any other indebtedness or liability of Kronos to the Customer. Any such assignment or security interest by Kronos shall not diminish the obligations of Kronos otherwise created by this Agreement 10.4 Governing Law This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, 10,5 Limitation of Actions No action, regardless of form, may be brought by either party more than two (2) years after the cause of action has arisen. 10,6 No Waiver No failure to exercise, or no delay in exercising, on the part of either party, any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege hereunder preclude further exercise of the same right or the exercise of any other right hereunder. 10,7 Supplemental Documents Customer agrees that any time, and from time to time, upon request of Kronos, after the execution and delivery of this Agreement, it shall execute and deliver such further documents and do such further acts and things as Kronos may reasonably request in order to fully effect the purposes of this Agreement. Kronos may execute and file Uniform Commercial Code financing, amendment, continuation or termination statements for and on behalf of Customer for the purpose of indicating Kronos' interest in the Collateral, as defined in Section 10.1 0 below, 10.8 Force Majeure Neither party shall be liable for failures or delays in performance due to causes beyond its reasonable control, including war, strikes, lockouts, fire, flood, storm or other acts of God. Both parties agree to use their best efforts to minimize the effects of such failures or delays. 10.9 Indemnities If Kronos assigns this Lease to a financial institution, in accordance with the provisions of Section 10.3, Customer will indemnify and hold Kronos or its assignee harmless from any costs, expenses, damages, fines, settlements, claims or liability arising out of or relating to this Agreement or the Products, but excluding those adjudged to have arisen solely from the negligence or willful misconduct of Kronos or its assignee. Customer's obligations under this Section shall commence upon the execution of this Agreement and shall survive the termination of this Agreement. Kronos agrees to defend and indemnify Customer and to hold it harmless from and against any and all claims, costs, fees and expenses (including reasonable legal fees) relating to actual or alleged infringement of U.S. recognized copyrights, patents and other intellectual property rights asserted against Customer by virtue of Customer's use of the Software as delivered and maintained by Kronos, provided that Kronos is given prompt written notice of any such claim and has sole control over the investigation, preparation, defense and settlement of such claim, and further provided that Customer reasonably cooperates with Kronos in connection with the foregoing and provides Kronos with all information in Customer's possession related to such claim and further assistance as reasonably requested by Kronos. Kronos will have no obligation to indemnify Customer to the extent any such claim is based on the use of the Software with software or equipment not supplied by Kronos. Should any or all of the Software as delivered and maintained by Kronos become, or in Kronos' reasonable opinion be likely to become, the subject of any such claim, Kronos may at its option procure for Customer the right to continue to use the affected Software as contemplated hereunder, or may replace or modify the affected Software to make its use non-infringing, or should such options not be available at reasonable expense, then Kronos may terminate the applicable Lease Schedule with respect to the affected Software upon thirty (30) days prior written notice to Customer, In such event of termination, Customer shall be entitled to a pro-rata refund of all Lease payments made to Kronos for the affected Software, which refund shall be calculated using a five year straight-line depreciation of the Software commencing with the date of the applicable Lease Schedule, 10.10 Security Interest Customer herby grants to Kronos, its successors and its assigns a security interest in the Equipment, the license to use the Software and Advance Lease Fees ("Co lateral"). Such Security Interest shall include replacement Equipment, upgrades and Updates, I 0.11 Financial Statements Upon request, Customer agrees to provide to Kronos copies of its annual and, if available, interim financial statements. 10.12 Confidential Information Confidential Information means any information of one party that is clearly marked as "confidential" and that is disclosed to the other party pursuant to this Agreement. Additionally, the terms, conditions and pricing contained in this Agreement and the Lease Schedule(s), the Software (and Software documentation), and the Specifications shall be deemed to be Kronos' Confidentia11nformation. Each party shall protect the Confidentia11nformation of the other party with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which such party utilizes for its own information of similar character that it does not wish disclosed to the public. Neither party shall disclose to third parties (except the parent company or the wholly owned subsidiaries of the disclosing party who have a need to know) the other party's Confidential Information, or use it for any purpose not explicitly set forth herein, without the prior written consent of the . ~ KRONOS@ ~ Kronos Order Form Kronos Incorporated 297 Billerica Road Chelmsford, MA 01824 Telephone: 1-978-250-9800 Quote#: 16262 - 5 Date: 12-AUG-2005 Page: 11 / 11 other party, The obligation of confidentiality shall survive for three (3) years after the disclosure of such Confidentia11nformation, This Agreement imposes no obligation upon either party with respect to the other party's Confidential Information which the receiving party can establish by legally sufficient evidence: (a) was rightfully possessed by the receiving party without an obligation to maintain its confidentiality prior to receipt from the disclosing party, (b) is generally known to the public without violation of this Agreement; (c) is obtained by the receiving party in good faith from a third party having the right to disclose it without an obligation with respect to confidentiality; (d) is independently developed by the receiving party without use ofthe disclosing party's confidential information, which can be shown by tangible evidence; or (e) was required to be disclosed by applicable law; provided that the receiving party notifies the disclosing party of such requirement prior to disclosure, and provided further that the receiving party makes diligent efforts to limit disclosure, Customer agrees that Kronos may use Customer's name as part of Kronos' published customer lists, ] 0.13 Restricted Rights Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (I) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252,227-7013 for Department of Defense contracts and as set forth in FAR 52.227-14 for civilian agency contracts, Manufacturer is Kronos Incorporated, 297 Billerica Road, Chelmsford, MA 01824. Kronos reserves all rights under the copyright laws of the United States, 10,14 Export Customer understands that any export if the Equipment of Software may require an export license and Customer assumes full responsibility for obtaining such license. Customer must obtain Kronos' prior written consent before exporting the Software. 10,15 Headings The headings and captions in this Agreement are for convenience of reference only and do not define or limit in any way the scope or intent of the provisions of this Agreement. CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE BOUND BY ANY STATEMENT OR REPRESENTATION NOT CONTAINED IN THIS AGREEMENT. Customer and Kronos have accepted this Agreement on the dates below: CUSTOMER: KRONOS IN CORPORA TED: (To be signed by Kronos corporate headquarters only) By: ( signature) By: (signature) Name: (please print) Name: (please print) Title: Title: Date: Date: Page 1 of3 Professional Services Kronos Professional Services include implementation and consulting services. Implementation Services - Kronos offers implementation services for the mid-market and the enterprise. K-Pr.o SeJect Mid-market implementation sizing and pricing The K-Pro Select program includes packaged implementation and training plans, and is supported by sales tools c mid-market Timekeeper Central, Kronos iSeries Central, Workforce Central (3x and 4.x) and ShopTrak Pro custon estimates and to simplify the process of estimating and selling of Kronos Professional Services. Quoting professio: the K-Pro Select webpage. (K-Pro Select link above) K-Pro Select Plans Part Number US$/hr Service Package, TKC, A 9990004-PRO $187.50 Service Package, TKC, B 9990005-PRO $187.50 Service Package, TKC, C 9990006-PRO $187.50 Service Package, TKC, D 9990007 -PRO $187.50 Service Package, WFC, A 9990008-PRO $187.50 Service Package, WFC, B 9990009-PRO $187.50 Service Package, WFC, C 9990010-PRO $187.50 Service Package, WFC, D 9990011-PRO $187.50 K-Pro Select for Workforce HRMS 9990020-PRO $187.50 Service Package, iSeries, A 9990012-PRO $187.50 Service Package, iSeries, B 9990013-PRO $187.50 Service Package, iSeries, C 9990014-PRO $187.50 Service Package, iSeries, D 9990015-PRO $187.50 Service Package, STPro, A 9990016-PRO $187.50 Service Package, STPro, B 9990017-PRO $187.50 Service Package STPro C 9990018-PRO $187.50 Service Package, STPro, D 9990019-PRO $187.50 Professional Services - Teletime 9990029-PRO $268.75 Professional Services (Generic) 9990002-PRO $187.50 Labor Analytics Implementation* 9990030-PRO $187.50 KIT Professional Services (Custom) 9990002-KIT $187.50 KIT Discovery Services 9990003-KIT $297.00 KIT Installation/Configuration Services 9990004-KIT $225.00 ~ ) ~ 2. http://158.228.14.2411statepricing/0801lprofserv.htm 91112005 Page 2 of3 fasTrack Mid-market implementation sizing and pricing below 500ee FasTrack is designed to meet the Time & Attendance needs of small to mid-sized organizations of 500 employees standard for the mid-market, FasTrack can help you win accounts with a pre-configured solution, without extensiVE payroll interface. Quoting FasTrack product, professional services, Educational Services and Maintenance is simp Agreement tools, available at the FasTrack webpage. (link above) FasTrack Plans Part Number FasTrack Implementation, TKC, 100 9990004-FAS FasTrack Implementation, TKC, 150 9990005-FAS FasTrack Implementation, TKC, 250 9990006-FAS FasTrack Implementation, TKC, 500 9990007-FAS FasTrack Implementation, WFC4, 100 9990008-FAS FasTrack Implementation, WFC4, 150 9990009-FAS Use FasTrack SmartQuote and F FasTrack Implementation, WFC4, 250 9990010-FAS FasTrack Implementation, WFC4, 500 9990011-FAS ~. FasTrack Implementation, iSeries, 100 9990012-FAS FasTrack Implementation, iSeries, 150 9990013-FAS FasTrack Implementation, iSeries, 250 9990014-FAS FasTrack Implementation, iSeries, 500 9990015-FAS Enterprise Services Entemrise implementation sizin)! and pricin)! Enterprise service requirements and resources are detailed in custom Statements of Work completed by Enterpris some or all of the resources listed below. If you think you have an Enterprise deal opportunity, you should contact possible. Karen Mulliens Louise Lewisson Jeff Rogers Enterprise Resources 804-492-9190 216-573-5626 858-695-7708 Part Number Enterprise Service Manager - East Enterprise Service Manager - Central Enterprise Service Manager - West US$/hr Enterprise Services 9990002-ENT Practice Manager " $312.50 Proiect ManaQer " $287.50 Technical Consultant " $268.75 Educational Consultant " $225.00 Application Consultant " $225.00 ~ ti:F.3 c(0 s: 00(') ~ ~~~~ ~~~ http://158.228.14.241/statepricing/0801/profserv.htm 9/1/2005 CVTWIZ Version 4.002/03/00 Page 1 of5 Software - Workforce Connect V5 US$ US$ US$ us: Suggested Silver Gold Platin Support Support Supp Descri tion Part Number Retail Services Services Servi. Workforce Connect - Primary Interface Upgrades ~~f Upgrades to Workforce Connect V5: Dealers will be charged an upgrade fee of $50.00 per customer. Part # 8700435-001 Workforce Connect CD Only used for Demo 3800428-001 $25 Workforce Connect V5 CD & Documentation 8700435-001 $50 This CD & Doc is required on all orders with 8800042-xxx or 8800044-xxx @ N/C. Workforce Connect Primary Interface 50 ee 8800042-001 $400 $80 $95 Workforce Connect Primary Interface 100 ee 8800042-002 $800 $160 $190 Workforce Connect Primary Interface 150 ee 8800042-003 $1 ,200 $240 $290 Workforce Connect Primary Interface 200 ee 8800042-004 $1,600 $320 $385 Workforce Connect Primary Interface 250 ee 8800042-005 $2,000 $400 $480 Workforce Connect Primary Interface 300 ee 8800042-006 $2,400 $480 $575 Workforce Connect Primary Interface 350 ee 8800042-007 $2,800 $560 $670 Workforce Connect Primary Interface 400 ee 8800042-008 $3,200 $640 $770 Workforce Connect Primary Interface 450 ee 8800042-009 $3,600 $720 $865 Workforce Connect Primary Interface 500 ee 8800042-010 $4,000 $600 $720 Workforce Connect Primary Interface 550 ee 8800042-011 $4,400 $660 $790 S Workforce Connect Primary Interface 600 ee 8800042-012 $4,800 $720 $865 S Workforce Connect Primary Interface 650 ee 8800042-013 $5,200 $780 $935 S Workforce Connect Primary Interface 700 ee 8800042-014 $5,600 $840 $1,010 S Workforce Connect Primary Interface 750 ee 8800042-015 $6,000 $900 $1,080 S Workforce Connect Primary Interface 800 ee 8800042-016 $6,400 $960 $1,150 S Workforce Connect Primary Interface 850 ee 8800042-017 $6,800 $1,020 $1 ,225 S Workforce Connect Primary Interface 900 ee 8800042-018 $7,200 $1,080 $1,295 S Workforce Connect Primary Interface 950 ee 8800042-019 $7,600 $1,140 $1,370 S Workforce Connect Primary Interface 1000 ee 8800042-020 $8,000 $1,200 $1,440 S Workforce Connect Primary Interface 1050 ee 8800042-021 $8,400 $1,260 $1,510 S Workforce Connect Primary Interface 1100 ee 8800042-022 $8,800 $1,320 $1,585 S Workforce Connect Primary Interface 1150 ee 8800042-023 $9,200 $1,380 $1,655 S Workforce Connect Primary Interface 1200 ee 8800042-024 $9,600 $1,440 $1,730 S Workforce Connect Primary Interface 1250 ee 8800042-025 $10,000 $1,500 $1,800 S Workforce Connect Primary Interface 1300 ee 8800042-026 $10,400 $1,560 $1,870 S Workforce Connect Primary Interface 1350 ee 8800042-027 $10,800 $1,620 $1,945 S Workforce Connect Primary Interface 1400 ee 8800042-028 $11,200 $1,680 $2,015 S Workforce Connect Primary Interface 1450 ee 8800042-029 $11,600 $1,740 $2,090 S Workforce Connect Primary Interface 1500 ee 8800042-030 $12,000 $1,800 $2,160 S Workforce Connect Primary Interface 1550 ee 8800042-031 $12,400 $1,860 $2,230 S Workforce Connect Primary Interface 1600 ee 8800042-032 $12,800 $1,920 $2,305 S Workforce Connect Primary Interface 1650 ee 8800042-033 $13,200 $1,980 $2,375 S Workforce Connect Primary Interface 1700 ee 8800042-034 $13,600 $2,040 $2,450 S Workforce Connect Primary Interface 1750 ee 8800042-035 $14,000 $2,100 $2,520 S Workforce Connect Primary Interface 1800 ee 8800042-036 $14,400 $2,160 $2,590 S Workforce Connect Primary Interface 1850 ee 8800042-037 $14,800 $2,220 $2,665 S Workforce Connect Primary Interface 1900 ee 8800042-038 $15,200 $2,280 $2,735 S Workforce Connect Primary Interface 1950 ee 8800042-039 $15,600 $2,340 $2,810 S Workforce Connect Primary Interface 2000 ee 8800042-040 $16,000 $2,400 $2,880 S Workforce Connect Primary Interface 2050 ee 8800042-041 $16,400 $2,460 $2,950 S Workforce Connect Primary Interface 2100 ee 8800042-042 $16,800 $2,520 $3,025 S Workforce Connect Primary Interface 2150 ee 8800042-043 $17,200 $2,580 $3,095 S Workforce Connect Primary Interface 2200 ee 8800042-044 $17,600 $2,640 $3,170 S Workforce Connect Primary Interface 2250 ee 8800042-045 $18,000 $2,700 $3,240 S Workforce Connect Primary Interface 2300 ee 8800042-046 $18,400 $2,760 $3,310 S http://158.228.14.2411statepricing/0801lWorkforceConnectV5_files/sheetOOl.htm 9/112005 CVTWIZ Version 4.0 02/03/00 Page 2 of5 Workforce Connect Primary Interface 2350 ee 8800042-047 $18,800 $2,820 $3,385 S Workforce Connect Primary Interface 2400 ee 8800042-048 $19,200 $2,880 $3,455 S Workforce Connect Primary Interface 2450 ee 8800042-049 $19,600 $2,940 $3,530 S Workforce Connect Primary Interface 2500 ee 8800042-050 $20,000 $3,000 $3,600 S Workforce Connect Primary Interface 3000 ee 8800042-051 $24,000 $3,600 $4,320 S Workforce Connect Primary Interface 3500 ee 8800042-053 $28,000 $4,200 $5,040 S Workforce Connect Primary Interface 4000 ee 8800042-054 $32,000 $4,800 $5,760 S Workforce Connect Primary Interface 4500 ee 8800042-055 $36,000 $5,400 $6,480 S Workforce Connect Primary Interface 5000 ee 8800042-056 $40,000 $6,000 $7,200 S Workforce Connect Primary Interface 6000 ee 8800042-057 $48,000 $7,200 $8,640 $1 Workforce Connect Primary Interface 7000 ee 8800042-058 $56,000 $8,400 $10,080 $1 Workforce Connect Primary Interface 7500 ee 8800042-059 $60,000 $9,000 $10,800 $1 Workforce Connect Primary Interface 8000 ee 8800042-060 $64,000 $9,600 $11,520 $1 Workforce Connect Primary Interface 9000 ee 8800042-061 $72,000 $10,800 $12,960 $1 Workforce Connect Primary Interface 10000 ee 8800042-062 $80,000 $12,000 $14,400 $1 Workforce Connect Primary Interface 12000 ee 8800042-063 $96,000 $14,400 $17,280 $:; Workforce Connect Primary Interface 15000 ee 8800042-064 $120,000 $18,000 $21,600 $:; Workforce Connect Primary Interface 17500 ee 8800042-065 $140,000 $21,000 $25,200 $~ Workforce Connect Primary Interface 20000 ee 8800042-066 $160,000 $24,000 $28,800 $~ Workforce Connect Primary Interface 25000 ee 8800042-067 $200,000 $30,000 $36,000 $~ Workforce Connect Primary Interface 30000 ee 8800042-068 $240,000 $36,000 $43,200 $~ Workforce Connect Primary Interface 35000 ee 8800042-069 $280,000 $42,000 $50,400 $E Workforce Connect Primary Interface 40000 ee 8800042-070 $320,000 $48,000 $57,600 $7 Workforce Connect Primary Interface 45000 ee 8800042-071 $360,000 $54,000 $64,800 $f Workforce Connect Primary Interface 50000 ee 8800042-072 $400,000 $60,000 $72,000 $f Workforce Connect Primary Interface 60000 ee 8800042-073 $480,000 $72,000 $86,400 $11 Workforce Connect Primary Interface 70000 ee 8800042-074 $560,000 $84,000 $100,800 $1:; Workforce Connect Primary Interface 80000 ee 8800042-075 $640,000 $96,000 $115,200 $1~ Workforce Connect Primary Interface 90000 ee 8800042-076 $720,000 $108,000 $129,600 $1E Workforce Connect Primary Interface 100000 ee 8800042-077 $800,000 $120,000 $144,000 $H Workforce Connect Primary Interface 200000 ee 8800042-078 $1,600,000 $240,000 $288,000 $3E Workforce Connect Primary Interface 500000 ee 8800042-079 $4,000,000 $600,000 $720,000 $9:; Workforce Connect - Additional Interface Workforce Connect Additional Interface 50 ee 8800043-001 $200 $40 $50 Workforce Connect Additional Interface 100 ee 8800043-002 $400 $80 $95 Workforce Connect Additional Interface 150 ee 8800043-003 $600 $120 $145 Workforce Connect Additional Interface 200 ee 8800043-004 $800 $160 $190 Workforce Connect Additional Interface 250 ee 8800043-005 $1,000 $200 $240 Workforce Connect Additional Interface 300 ee 8800043-006 $1 ,200 $240 $290 Workforce Connect Additional Interface 350 ee 8800043-007 $1,400 $280 $335 Workforce Connect Additional Interface 400 ee 8800043-008 $1,600 $320 $385 Workforce Connect Additional Interface 450 ee 8800043-009 $1,800 $360 $430 Workforce Connect Additional Interface 500 ee 8800043-010 $2,000 $300 $360 Workforce Connect Additional Interface 550 ee 8800043-011 $2,200 $330 $395 Workforce Connect Additional Interface 600 ee 8800043-012 $2,400 $360 $430 Workforce Connect Additional Interface 650 ee 8800043-013 $2,600 $390 $470 Workforce Connect Additional Interface 700 ee 8800043-014 $2,800 $420 $505 Workforce Connect Additional Interface 750 ee 8800043-015 $3,000 $450 $540 Workforce Connect Additional Interface 800 ee 8800043-016 $3,200 $480 $575 Workforce Connect Additional Interface 850 ee 8800043-017 $3,400 $510 $610 Workforce Connect Additional Interface 900 ee 8800043-018 $3,600 $540 $650 Workforce Connect Additional Interface 950 ee 8800043-019 $3,800 $570 $685 Workforce Connect Additional Interface 1000 ee 8800043-020 $4,000 $600 $720 Workforce Connect Additional Interface 1050 ee 8800043-021 $4,200 $630 $755 Workforce Connect Additional Interface 1100 ee 8800043-022 $4,400 $660 $790 S Workforce Connect Additional Interface 1150 ee 8800043-023 $4,600 $690 $830 S Workforce Connect Additional Interface 1200 ee 8800043-024 $4,800 $720 $865 S Workforce Connect Additional Interface 1250 ee 8800043-025 $5,000 $750 $900 S Workforce Connect Additional Interface 1300 ee 8800043-026 $5,200 $780 $935 S Workforce Connect Additional Interface 1350 ee 8800043-027 $5,400 $810 $970 S Workforce Connect Additional Interface 1400 ee 8800043-028 $5,600 $840 $1,010 S Workforce Connect Additional Interface 1450 ee 8800043-029 $5,800 $870 $1,045 S Workforce Connect Additional Interface 1500 ee 8800043-030 $6,000 $900 $1,080 s http://158.228.14.2411statepricing/0801/WorkforceConnectV5 _ files/sheetOOl.htm 9/112005 CVTWIZ Version 4.0 02/03/00 Page 3 of5 Workforce Connect Additional Interface 1550 ee 8800043-031 $6,200 $930 $1,115 ~ Workforce Connect Additional Interface 1600 ee 8800043-032 $6,400 $960 $1,150 ~ Workforce Connect Additional Interface 1650 ee 8800043-033 $6,600 $990 $1,190 ~ Workforce Connect Additional Interface 1700 ee 8800043-034 $6,800 $1,020 $1 ,225 ~ Workforce Connect Additional Interface 1750 ee 8800043-035 $7,000 $1,050 $1,260 ~ Workforce Connect Additional Interface 1800 ee 8800043-036 $7,200 $1,080 $1,295 ~ Workforce Connect Additional Interface 1850 ee 8800043-037 $7,400 $1,110 $1,330 ~ Workforce Connect Additional Interface 1900 ee 8800043-038 $7,600 $1,140 $1,370 ~ Workforce Connect Additional Interface 1950 ee 8800043-039 $7,800 $1,170 $1,405 ~ Workforce Connect Additional Interface 2000 ee 8800043-040 $8,000 $1,200 $1 ,440 ~ Workforce Connect Additional Interface 2050 ee 8800043-041 $8,200 $1,230 $1,475 ~ Workforce Connect Additional Interface 2100 ee 8800043-042 $8,400 $1,260 $1,510 ~ Workforce Connect Additional Interface 2150 ee 8800043-043 $8,600 $1,290 $1,550 ~ Workforce Connect Additional Interface 2200 ee 8800043-044 $8,800 $1,320 $1,585 ~ Workforce Connect Additional Interface 2250 ee 8800043-045 $9,000 $1,350 $1,620 ~ Workforce Connect Addilionallnterface 2300 ee 8800043-046 $9,200 $1,380 $1,655 ~ Workforce Connect Additional Interface 2350 ee 8800043-047 $9,400 $1,410 $1,690 ~ Workforce Connect Addilionallnterface 2400 ee 8800043-048 $9,600 $1,440 $1,730 ~ Workforce Connect Additional Interface 2450 ee 8800043-049 $9,800 $1,470 $1,765 ~ Workforce Connect Additional Interface 2500 ee 8800043-050 $10,000 $1,500 $1,800 ~ Workforce Connect Additional Interface 3000 ee 8800043-051 $12,000 $1,800 $2,160 ~ Workforce Connect Additional Interface 3500 ee 8800043-053 $14,000 $2,100 $2,520 ~ Workforce Connect Additional Interface 4000 ee 8800043-054 $16,000 $2,400 $2,880 ~ Workforce Connect Additional Interface 4500 ee 8800043-055 $18,000 $2,700 $3,240 ~ Workforce Connect Additional Interface 5000 ee 8800043-056 $20,000 $3,000 $3,600 ~ Workforce Connect Additional Interface 6000 ee 8800043-057 $24,000 $3,600 $4,320 ~ Workforce Connect Additional Interface 7000 ee 8800043-058 $28,000 $4,200 $5,040 ~ Workforce Connect Addilionallnterface 7500 ee 8800043-059 $30,000 $4,500 $5,400 ~ Workforce Connect Additional Interface 8000 ee 8800043-060 $32,000 $4,800 $5,760 ~ Workforce Connect Additional Interface 9000 ee 8800043-061 $36,000 $5,400 $6,480 ~ Workforce Connect Additional Interface 10000 ee 8800043-062 $40,000 $6,000 $7,200 ~ Workforce Connect Additional Interface 12000 ee 8800043-063 $48,000 $7,200 $8,640 $1 Workforce Connect Additional Interface 15000 ee 8800043-064 $60,000 $9,000 $10,800 $1 Workforce Connect Additional Interface 17500 ee 8800043-065 $70,000 $10,500 $12,600 $1 Workforce Connect Additional Interface 20000 ee 8800043-066 $80,000 $12,000 $14,400 $1 Workforce Connect Additional Interface 25000 ee 8800043-067 $100,000 $15,000 $18,000 $. Workforce Connect Addilionallnterface 30000 ee 8800043-068 $120,000 $18,000 $21,600 $. Workforce Connect Additional Interface 35000 ee 8800043-069 $140,000 $21,000 $25,200 $~ Workforce Connect Additional Interface 40000 ee 8800043-070 $160,000 $24,000 $28,800 $~ Workforce Connect Additional Interface 45000 ee 8800043-071 $180,000 $27,000 $32,400 $~ Workforce Connect Additional Interface 50000 ee 8800043-072 $200,000 $30,000 $36,000 $~ Workforce Connect Additional Interface 60000 ee 8800043-073 $240,000 $36,000 $43,200 $~ Workforce Connect Additional Interface 70000 ee 8800043-074 $280,000 $42,000 $50,400 $f Workforce Connect Additional Interface 80000 ee 8800043-075 $320,000 $48,000 $57,600 $i Workforce Connect Additional Interface 90000 ee 8800043-076 $360,000 $54,000 $64,800 $E Workforce Connect Additional Interface 100000 ee 8800043-077 $400,000 $60,000 $72,000 $~ Workforce Connect Additional Interface 200000 ee 8800043-078 $800,000 $120,000 $144,000 $1E Workforce Connect Additional Interface 500000 ee 8800043-079 $2,000,000 $300,000 $360,000 $4f Workforce Connect - Unlimited Interface Workforce Connect V2 CD & Documentation 8700435-001 $50 This CD & Doc is required on all orders with 8800042-xxx or 8800044-xxx @ N/C. Workforce Connect Unlimited Interface 50 ee 8800044-001 $1,150 $230 $275 Workforce Connect Unlimited Interface 100 ee 8800044-002 $2,300 $460 $550 Workforce Connect Unlimited Interface 150 ee 8800044-003 $3,450 $690 $830 ~ Workforce Connect Unlimited Interface 200 ee 8800044-004 $4,600 $920 $1,105 ~ Workforce Connect Unlimited Interface 250 ee 8800044-005 $5,750 $1,150 $1,380 ~ Workforce Connect Unlimited Interface 300 ee 8800044-006 $6,900 $1,380 $1,655 ~ Workforce Connect Unlimited Interface 350 ee 8800044-007 $8,050 $1,610 $1,930 ~ Workforce Connect Unlimited Interface 400 ee 8800044-008 $9,200 $1,840 $2,210 ~ Workforce Connect Unlimited Interface 450 ee 8800044-009 $10,350 $2,070 $2,485 ~ Workforce Connect Unlimited Interface 500 ee 8800044-010 $11,500 $1,725 $2,070 ~ http://158.228.14.2411statepricingl0801/WorkforceConnectV5files/sheetOO l.htm 9/112005 CVTWIZ Version 4.002/03/00 Page 4 of5 Workforce Connect Unlimited Interface 550 ee 8800044-011 $12,650 $1,900 $2,275 ~ Workforce Connect Unlimited Interface 600 ee 8800044-012 $13,800 $2,070 $2,485 ~ Workforce Connect Unlimited Interface 650 ee 8800044-013 $14,950 $2,245 $2,690 ~ Workforce Connect Unlimited Interface 700 ee 8800044-014 $16,100 $2,415 $2,900 ~ Workforce Connect Unlimited Interface 750 ee 8800044-015 $17,250 $2,590 $3,105 ~ Workforce Connect Unlimited Interface 800 ee 8800044-016 $18,400 $2,760 $3,310 ~ Workforce Connect Unlimited Interface 850 ee 8800044-017 $19,550 $2,935 $3,520 ~ Workforce Connect Unlimited Interface 900 ee 8800044-018 $20,700 $3,105 $3,725 ~ Workforce Connect Unlimited Interface 950 ee 8800044-019 $21,850 $3,280 $3,935 ~ Workforce Connect Unlimited Interface 1000 ee 8800044-020 $23,000 $3,450 $4,140 ~ Workforce Connect Unlimited Interface 1050 ee 8800044-021 $24,150 $3,625 $4,345 ~ Workforce Connect Unlimited Interface 1100 ee 8800044-022 $25,300 $3,795 $4,555 ~ Workforce Connect Unlimited Interface 1150 ee 8800044-023 $26,450 $3,970 $4,760 ~ Workforce Connect Unlimited Interface 1200 ee 8800044-024 $27,600 $4,140 $4,970 ~ Workforce Connect Unlimited Interface 1250 ee 8800044-025 $28,750 $4,315 $5,175 ~ Workforce Connect Unlimited Interface 1300 ee 8800044-026 $29,900 $4,485 $5,380 ~ Workforce Connect Unlimited Interface 1350 ee 8800044-027 $31,050 $4,660 $5,590 ~ Workforce Connect Unlimited Interface 1400 ee 8800044-028 $32,200 $4,830 $5,795 ~ Workforce Connect Unlimited Interface 1450 ee 8800044-029 $33,350 $5,005 $6,005 ~ Workforce Connect Unlimited Interface 1500 ee 8800044-030 $34,500 $5,175 $6,210 ~ Workforce Connect Unlimited Interface 1550 ee 8800044-031 $35,650 $5,350 $6,415 ~ Workforce Connect Unlimited Interface 1600 ee 8800044-032 $36,800 $5,520 $6,625 ~ Workforce Connect Unlimited Interface 1650 ee 8800044-033 $37,950 $5,695 $6,830 ~ Workforce Connect Unlimited Interface 1700 ee 8800044-034 $39,100 $5,865 $7,040 ~ Workforce Connect Unlimited Interface 1750 ee 8800044-035 $40,250 $6,040 $7,245 ~ Workforce Connect Unlimited Interface 1800 ee 8800044-036 $41 ,400 $6,210 $7,450 ~ Workforce Connect Unlimited Interface 1850 ee 8800044-037 $42,550 $6,385 $7,660 ~ Workforce Connect Unlimited Interface 1900 ee 8800044-038 $43,700 $6,555 $7,865 $1 Workforce Connect Unlimited Interface 1950 ee 8800044-039 $44,850 $6,730 $8,075 $1 Workforce Connect Unlimited Interface 2000 ee 8800044-040 $46,000 $6,900 $8,280 $1 Workforce Connect Unlimited Interface 2050 ee 8800044-041 $47,150 $7,075 $8,485 $1 Workforce Connect Unlimited Interface 2100 ee 8800044-042 $48,300 $7,245 $8,695 $1 Workforce Connect Unlimited Interface 2150 ee 8800044-043 $49,450 $7,420 $8,900 $1 Workforce Connect Unlimited Interface 2200 ee 8800044-044 $50,600 $7,590 $9,110 $1 Workforce Connect Unlimited Interface 2250 ee 8800044-045 $51,750 $7,765 $9,315 $1 Workforce Connect Unlimited Interface 2300 ee 8800044-046 $52,900 $7,935 $9,520 $1 Workforce Connect Unlimited Interface 2350 ee 8800044-047 $54,050 $8,110 $9,730 $1 Workforce Connect Unlimited Interface 2400 ee 8800044-048 $55,200 $8,280 $9,935 $1 Workforce Connect Unlimited Interface 2450 ee 8800044-049 $56,350 $8,455 $10,145 $1 Workforce Connect Unlimited Interface 2500 ee 8800044-050 $57,500 $8,625 $10,350 $1 Workforce Connect Unlimited Interface 3000 ee 8800044-051 $69,000 $10,350 $12,420 $1 Workforce Connect Unlimited Interface 3500 ee 8800044-053 $80,500 $12,075 $14,490 $1 Workforce Connect Unlimited Interface 4000 ee 8800044-054 $92,000 $13,800 $16,560 $. Workforce Connect Unlimited Interface 4500 ee 8800044-055 $103,500 $15,525 $18,630 $. Workforce Connect Unlimited Interface 5000 ee 8800044-056 $115,000 $17,250 $20,700 $. Workforce Connect Unlimited Interface 6000 ee 8800044-057 $138,000 $20,700 $24,840 $~ Workforce Connect Unlimited Interface 7000 ee 8800044-058 $161,000 $24,150 $28,980 $~ Workforce Connect Unlimited Interface 7500 ee 8800044-059 $172,500 $25,875 $31,050 $~ Workforce Connect Unlimited Interface 8000 ee 8800044-060 $184,000 $27,600 $33,120 $~ Workforce Connect Unlimited Interface 9000 ee 8800044-061 $207,000 $31,050 $37,260 $~ Workforce Connect Unlimited Interface 10000 ee 8800044-062 $230,000 $34,500 $41 ,400 $t Workforce Connect Unlimited Interface 12000 ee 8800044-063 $276,000 $41 ,400 $49,680 $E Workforce Connect Unlimited Interface 15000 ee 8800044-064 $345,000 $51,750 $62,100 $7 Workforce Connect Unlimited Interface 17500 ee 8800044-065 $402,500 $60,375 $72,450 $~ Workforce Connect Unlimited Interface 20000 ee 8800044-066 $460,000 $69,000 $82,800 $1( Workforce Connect Unlimited Interface 25000 ee 8800044-067 $575,000 $86,250 $103,500 $1~ Workforce Connect Unlimited Interface 30000 ee 8800044-068 $690,000 $103,500 $124,200 $1t Workforce Connect Unlimited Interface 35000 ee 8800044-069 $805,000 $120,750 $144,900 $1E Workforce Connect Unlimited Interface 40000 ee 8800044-070 $920,000 $138,000 $165,600 $21 Workforce Connect Unlimited Interface 45000 ee 8800044-071 $1,035,000 $155,250 $186,300 $2~ Workforce Connect Unlimited Interface 50000 ee 8800044-072 $1,150,000 $172,500 $207,000 $2E Workforce Connect Unlimited Interface 60000 ee 8800044-073 $1,380,000 $207,000 $248,400 $31 Workforce Connect Unlimited Interface 70000 ee 8800044-074 $1,610,000 $241,500 $289,800 $37 Workforce Connect Unlimited Interface 80000 ee 8800044-075 $1,840,000 $276,000 $331 ,200 $4. Workforce Connect Unlimited Interface 90000 ee 8800044-076 $2,070,000 $310,500 $372,600 $47 http://158.228.14.241/statepricing/0801/WorkforceConnectV5files/sheetOOl.htm 9/1/2005 CVTWIZ Version 4.002/03/00 Workforce Connect Unlimited Interface 100000 ee Workforce Connect Unlimited Interface 200000 ee Workforce Connect Unlimited Interface 500000 ee Workforce Connect 10 Badging Interface Workforce Connect WTK Simplex Interface to T100/25 Workforce Connect WTK Simplex Interface to Cambridge ClocklStarp Workforce Connect TKC Simplex Interface to T100/25 Workforce Connect TKC Simplex Interface to Cambridge Clock/Starp Workforce Connect Touch 10 Primary IIF to TKC Workforce Connect Touch 10 Additionall/F to TKc Workforce Connect WTK-GKC Manuals Workforce Connect Installation Guide Workforce Connect Developer's Reference Guide Workforce Connect Runtime User's Guide 8800044-077 8800044-078 8800044-079 8800052-001 8800056-001 8800056-002 8800055-001 8800055-002 8800054-001 8800054-002 8800053-001 4703104-001 4703105-001 4703167-001 $2,300,000 $4,600,000 $11,500,000 Page 5 of5 $345,000 $414,000 $690,000 $828,000 $1,725,000 $2,070,000 $0 $500 $500 $500 $500 $0 $0 $0 $25 $25 $25 http://158.228.14.2411statepricingl0801lWorkforceConnectV5_files/sheetOOl.htm $110 $75 $75 $75 $75 $110 $55 $55 $130 $90 $90 $90 $90 $130 $65 $65 9/1/2005 $5~ $1,0~ $2,6~ o ;:; Q) bJ) c;l l... ~ ~ " ~ ~ ~ ~ i ~ " i) > ~ > > ) It) > '0 CI> c: c: o U CI> o .... .2 .>< .... o :i: CI> .... 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Q) 3 en '-. - '<t <'! '<t 00 N <'! 00 or, ::-:: B- E ~ & - 8 -0 Page 1 of5 Software - Workforce HRMS Descri tion US$ Suggested Part Number Retail US$ Silver Maint US$ Gold Maint US$ Platinum Maint Sta Dis Upgrades Upgrades from Workforce HRMS v4.2 to v4.3: Dealers will be charged an upgrade fee of $500.00 per customer. Workforce HRMS Administrator :]JG~#9 Workforce HRMS Demo CD 3800366-001 $10 Workforce HRMS Software & Doc kit v 4.3 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417- on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HRMS Administrator 5 8602063-001 $0 $0 $0 $0 Workforce HRMS Administrator 10 8602063-002 $5,000 $750 $900 $1,150 Workforce HRMS Administrator 15 8602063-003 $10,000 $1,500 $1,800 $2,300 Workforce HRMS Administrator 20 8602063-004 $15,000 $2,250 $2,700 $3,450 Workforce HRMS Administrator 25 8602063-005 $20,000 $3,000 $3,600 $4,600 Workforce HRMS Administrator 30 8602063-006 $25,000 $3,750 $4,500 $5,750 Workforce HRMS Administrator 35 8602063-007 $30,000 $4,500 $5,400 $6,900 Workforce HRMS Administrator 40 8602063-008 $35,000 $5,250 $6,300 $8,050 Workforce HRMS Administrator 45 8602063-009 $40,000 $6,000 $7,200 $9,200 Workforce HRMS Administrator 50 8602063-010 $45,000 $6,750 $8,100 $10,350 Workforce HRMS Administrator 55 8602063-011 $50,000 $7,500 $9,000 $11,500 Workforce HRMS Administrator 60 8602063-012 $55,000 $8,250 $9,900 $12,650 Workforce HRMS Administrator 65 8602063-013 $60,000 $9,000 $10,800 $13,800 Workforce HRMS Administrator 70 8602063-014 $65,000 $9,750 $11,700 $14,950 Workforce HRMS Administrator 75 8602063-015 $70,000 $10,500 $12,600 $16,100 Workforce HRMS Administrator 80 8602063-016 $75,000 $11,250 $13,500 $17,250 Workforce HRMS Administrator 85 8602063-017 $80,000 $12,000 $14,400 $18,400 Workforce HRMS Administrator 90 8602063-018 $85,000 $12,750 $15,300 $19,550 Workforce HRMS Administrator 95 8602063-019 $90,000 $13,500 $16,200 $20,700 Workforce HRMS Administrator 100 8602063-020 $95,000 $14,250 $17,100 $21,850 Workforce HR Workforce HRMS Software & Doc kit 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417- on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HR, 250ee 8602060-001 $12,500 $2,500 $3,000 $3,625 Workforce HR, 300ee 8602060-002 $15,000 $3,000 $3,600 $4,350 Workforce HR, 350ee 8602060-003 $17,500 $3,500 $4,200 $5,075 Workforce HR, 400ee 8602060-004 $20,000 $4,000 $4,800 $5,800 Workforce HR, 450ee 8602060-005 $22,500 $4,500 $5,400 $6,525 Workforce HR, 500ee 8602060-006 $25,000 $3,750 $4,500 $5,750 Workforce HR, 550ee 8602060-007 $27,500 $4,125 $4,950 $6,325 Workforce HR, 600ee 8602060-008 $30,000 $4,500 $5,400 $6,900 Workforce HR, 650ee 8602060-009 $32,500 $4,875 $5,850 $7,475 Workforce HR, 700ee 8602060-010 $35,000 $5,250 $6,300 $8,050 Workforce HR, 750ee 8602060-011 $37,500 $5,625 $6,750 $8,625 Workforce HR, 800ee 8602060-012 $50,000 $7,500 $9,000 $11,500 http://158.228.14.241/statepricing/0801/WFHRMS.htm 9/1/2005 Page 2 of5 Workforce HR, 850ee 8602060-013 $53,125 $7,970 $9,565 $12,220 Workforce HR, 900ee 8602060-014 $56,250 $8,440 $10,125 $12,940 Workforce HR, 950ee 8602060-015 $59,375 $8,905 $10,690 $13,655 Workforce HR, 1000ee 8602060-016 $62,500 $9,375 $11,250 $14,375 Workforce HR, 1050ee 8602060-017 $65,625 $9,845 $11,815 $15,095 Workforce HR, 1100ee 8602060-018 $68,750 $10,315 $12,375 $15,815 Workforce H R, 1150ee 8602060-019 $71,875 $10,780 $12,940 $16,530 Workforce HR, 1200ee 8602060-020 $75,000 $11,250 $13,500 $17,250 Workforce HR, 1250ee 8602060-021 $78,125 $11,720 $14,065 $17,970 Workforce HR, 1300ee 8602060-022 $81 ,250 $12,190 $14,625 $18,690 Workforce HR, 1350ee 8602060-023 $84,375 $12,655 $15,190 $19,405 Workforce HR, 1400ee 8602060-024 $87,500 $13,125 $15,750 $20,125 Workforce HR, 1450ee 8602060-025 $90,625 $13,595 $16,315 $20,845 Workforce HR, 1500ee 8602060-026 $93,750 $14,065 $16,875 $21,565 Workforce HR, 1550ee 8602060-027 $96,875 $14,530 $17,440 $22,280 Workforce HR, 1600ee 8602060-028 $100,000 $15,000 $18,000 $23,000 Workforce HR, 1650ee 8602060-029 $103,125 $15,470 $18,565 $23,720 Workforce HR, 1700ee 8602060-030 $106,250 $15,940 $19,125 $24,440 Workforce HR, 1750ee 8602060-031 $109,375 $16,405 $19,690 $25,155 Workforce HR, 1800ee 8602060-032 $112,500 $16,875 $20,250 $25,875 Workforce HR, 1850ee 8602060-033 $115,625 $17,345 $20,815 $26,595 Workforce HR, 1900ee 8602060-034 $118,750 $17,815 $21,375 $27,315 Workforce HR, 1950ee 8602060-035 $121,875 $18,280 $21,940 $28,030 Workforce HR, 2000ee 8602060-036 $125,000 $18,750 $22,500 $28,750 Workforce HR, 2050ee 8602060-037 $128,125 $19,220 $23,065 $29,470 Workforce HR, 2100ee 8602060-038 $131,250 $19,690 $23,625 $30,190 Workforce HR, 2150ee 8602060-039 $134,375 $20,155 $24,190 $30,905 Workforce HR, 2200ee 8602060-040 $137,500 $20,625 $24,750 $31,625 Workforce HR, 2250ee 8602060-041 $140,625 $21,095 $25,315 $32,345 Workforce HR, 2300ee 8602060-042 $143,750 $21,565 $25,875 $33,065 Workforce HR, 2350ee 8602060-043 $146,875 $22,030 $26,440 $33,780 Workforce HR, 2400ee 8602060-044 $150,000 $22,500 $27,000 $34,500 Workforce HR, 2450ee 8602060-045 $153,125 $22,970 $27,565 $35,220 Workforce HR, 2500ee 8602060-046 $156,250 $23,440 $28,125 $35,940 Workforce HR, 3000ee 8602060-047 $187,500 $28,125 $33,750 $43,125 Workforce HR, 3500ee 8602060-048 $218,750 $32,815 $39,375 $50,315 Workforce HR, 4000ee 8602060-049 $250,000 $37,500 $45,000 $57,500 Workforce HR, 4500ee 8602060-050 $281,250 $42,190 $50,625 $64,690 Workforce HR, 5000ee 8602060-051 $312,500 $46,875 $56,250 $71,875 Workforce Payroll Workforce HRMS Software & Doc kit 8700417 -001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce Payroll, 250ee 8602061-001 $12,500 $2,500 $3,000 $3,625 Workforce Payroll, 300ee 8602061-002 $15,000 $3,000 $3,600 $4,350 Workforce Payroll, 350ee 8602061-003 $17,500 $3,500 $4,200 $5,075 Workforce Payroll, 400ee 8602061-004 $20,000 $4,000 $4,800 $5,800 Workforce Payroll, 450ee 8602061-005 $22,500 $4,500 $5,400 $6,525 Workforce Payroll, 500ee 8602061-006 $25,000 $3,750 $4,500 $5,750 Workforce Payroll, 550ee 8602061-007 $27,500 $4,125 $4,950 $6,325 Workforce Payroll, 600ee 8602061-008 $30,000 $4,500 $5,400 $6,900 Workforce Payroll, 650ee 8602061-009 $32,500 $4,875 $5,850 $7,475 Workforce Payroll, 700ee 8602061-010 $35,000 $5,250 $6,300 $8,050 Workforce Payroll, 750ee 8602061-011 $37,500 $5,625 $6,750 $8,625 Workforce Payroll, 800ee 8602061-012 $50,000 $7,500 $9,000 $11,500 Workforce Payroll, 850ee 8602061-013 $53,125 $7,970 $9,565 $12,220 Workforce Payroll, 900ee 8602061-014 $56,250 $8,440 $10,125 $12,940 Workforce Payroll, 950ee 8602061-015 $59,375 $8,905 $10,690 $13,655 http://158.228.14.241/statepricing/0801/WFHRMS.htm 9/1/2005 Page 3 of5 Workforce Payroll, 1000ee 8602061-016 $62,500 $9,375 $11,250 $14,375 Workforce Payroll, 1050ee 8602061-017 $65,625 $9,845 $11,815 $15,095 Workforce Payroll, 11 OOee 8602061-018 $68,750 $10,315 $12,375 $15,815 Workforce Payroll, 1150ee 8602061-019 $71,875 $10,780 $12,940 $16,530 Workforce Payroll, 1200ee 8602061-020 $75,000 $11,250 $13,500 $17,250 Workforce Payroll, 1250ee 8602061-021 $78,125 $11,720 $14,065 $17,970 Workforce Payroll, 1300ee 8602061-022 $81,250 $12,190 $14,625 $18,690 Workforce Payroll, 1350ee 8602061-023 $84,375 $12,655 $15,190 $19,405 Workforce Payroll, 1400ee 8602061-024 $87,500 $13,125 $15,750 $20,125 Workforce Payroll, 1450ee 8602061-025 $90,625 $13,595 $16,315 $20,845 Workforce Payroll, 1500ee 8602061-026 $93,750 $14,065 $16,875 $21,565 Workforce Payroll, 1550ee 8602061-027 $96,875 $14,530 $17,440 $22,280 Workforce Payroll, 1600ee 8602061-028 $100,000 $15,000 $18,000 $23,000 Workforce Payroll, 1650ee 8602061-029 $103,125 $15,470 $18,565 $23,720 Workforce Payroll, 1700ee 8602061-030 $106,250 $15,940 $19,125 $24,440 Workforce Payroll, 1750ee 8602061-031 $109,375 $16,405 $19,690 $25,155 Workforce Payroll, 1800ee 8602061-032 $112,500 $16,875 $20,250 $25,875 Workforce Payroll, 1850ee 8602061-033 $115,625 $17,345 $20,815 $26,595 Workforce Payroll, 1900ee 8602061-034 $118,750 $17,815 $21,375 $27,315 Workforce Payroll, 1950ee 8602061-035 $121,875 $18,280 $21,940 $28,030 Workforce Payroll, 2000ee 8602061-036 $125,000 $18,750 $22,500 $28,750 Workforce Payroll, 2050ee 8602061-037 $128,125 $19,220 $23,065 $29,470 Workforce Payroll, 21 OOee 8602061-038 $131,250 $19,690 $23,625 $30,190 Workforce Payroll, 2150ee 8602061-039 $134,375 $20,155 $24,190 $30,905 Workforce Payroll, 2200ee 8602061-040 $137,500 $20,625 $24,750 $31,625 Workforce Payroll, 2250ee 8602061-041 $140,625 $21,095 $25,315 $32,345 Workforce Payroll, 2300ee 8602061-042 $143,750 $21,565 $25,875 $33,065 Workforce Payroll, 2350ee 8602061-043 $146,875 $22,030 $26,440 $33,780 Workforce Payroll, 2400ee 8602061-044 $150,000 $22,500 $27,000 $34,500 Workforce Payroll, 2450ee 8602061-045 $153,125 $22,970 $27,565 $35,220 Workforce Payroll, 2500ee 8602061-046 $156,250 $23,440 $28,125 $35,940 Workforce Payroll, 3000ee 8602061-047 $187,500 $28,125 $33,750 $43,125 Workforce Payroll, 3500ee 8602061-048 $218,750 $32,815 $39,375 $50,315 Workforce Payroll, 4000ee 8602061-049 $250,000 $37,500 $45,000 $57,500 Workforce Payroll, 4500ee 8602061-050 $281,250 $42,190 $50,625 $64,690 Workforce Payroll, 5000ee 8602061-051 $312,500 $46,875 $56,250 $71,875 Workforce HRMS Roles Workforce HRMS Software & Doc kit 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HRMS Roles, 250ee 8602062-001 $6,250 $1,250 $1,500 $1,815 Workforce HRMS Roles, 300ee 8602062-002 $7,500 $1,500 $1,800 $2,175 Workforce HRMS Roles, 350ee 8602062-003 $8,750 $1,750 $2,100 $2,540 Workforce HRMS Roles, 400ee 8602062-004 $10,000 $2,000 $2,400 $2,900 Workforce HRMS Roles, 450ee 8602062-005 $11,250 $2,250 $2,700 $3,265 Workforce HRMS Roles, 500ee 8602062-006 $12,500 $1,875 $2,250 $2,875 Workforce HRMS Roles, 550ee 8602062-007 $13,750 $2,065 $2,475 $3,165 Workforce HRMS Roles, 600ee 8602062-008 $15,000 $2,250 $2,700 $3,450 Workforce HRMS Roles, 650ee 8602062-009 $16,250 $2,440 $2,925 $3,740 Workforce HRMS Roles, 700ee 8602062-010 $17,500 $2,625 $3,150 $4,025 Workforce HRMS Roles, 750ee 8602062-011 $18,750 $2,815 $3,375 $4,315 Workforce HRMS Roles, 800ee 8602062-012 $20,000 $3,000 $3,600 $4,600 Workforce HRMS Roles, 850ee 8602062-013 $21 ,250 $3,190 $3,825 $4,890 Workforce HRMS Roles, 900ee 8602062-014 $22,500 $3,375 $4,050 $5,175 Workforce HRMS Roles, 950ee 8602062-015 $23,750 $3,565 $4,275 $5,465 Workforce HRMS Roles, 1000ee 8602062-016 $25,000 $3,750 $4,500 $5,750 Workforce HRMS Roles, 1050ee 8602062-017 $26,250 $3,940 $4,725 $6,040 Workforce HRMS Roles, 1100ee 8602062 -018 $27,500 $4,125 $4,950 $6,325 Workforce HRMS Roles, 1150ee 8602062-019 $28,750 $4,315 $5,175 $6,615 http://158.228.14.241/statepricing/0801/WFHRMS.htm 9/1/2005 Page 4 of5 Workforce HRMS Roles, 1200ee 8602062-020 $30,000 $4,500 $5,400 $6,900 Workforce HRMS Roles, 1250ee 8602062-021 $31 ,250 $4,690 $5,625 $7,190 Workforce HRMS Roles, 1300ee 8602062-022 $32,500 $4,875 $5,850 $7,475 Workforce HRMS Roles, 1350ee 8602062-023 $33,750 $5,065 $6,075 $7,765 Workforce HRMS Roles, 1400ee 8602062-024 $35,000 $5,250 $6,300 $8,050 Workforce HRMS Roles, 1450ee 8602062-025 $36,250 $5,440 $6,525 $8,340 Workforce HRMS Roles, 1500ee 8602062-026 $37,500 $5,625 $6,750 $8,625 Workforce HRMS Roles, 1550ee 8602062-027 $38,750 $5,815 $6,975 $8,915 Workforce HRMS Roles, 1600ee 8602062-028 $40,000 $6,000 $7,200 $9,200 Workforce HRMS Roles, 1650ee 8602062-029 $41 ,250 $6,190 $7,425 $9,490 Workforce HRMS Roles, 1700ee 8602062-030 $42,500 $6,375 $7,650 $9,775 Workforce HRMS Roles, 1750ee 8602062-031 $43,750 $6,565 $7,875 $10,065 Workforce HRMS Roles, 1800ee 8602062-032 $45,000 $6,750 $8,100 $10,350 Workforce HRMS Roles, 1850ee 8602062-033 $46,250 $6,940 $8,325 $10,640 Workforce HRMS Roles, 1900ee 8602062-034 $47,500 $7,125 $8,550 $10,925 Workforce HRMS Roles, 1950ee 8602062-035 $48,750 $7,315 $8,775 $11,215 Workforce HRMS Roles, 2000ee 8602062-036 $50,000 $7,500 $9,000 $11,500 Workforce HRMS Roles, 2050ee 8602062-037 $51,250 $7,690 $9,225 $11,790 Workforce HRMS Roles, 2100ee 8602062-038 $52,500 $7,875 $9,450 $12,075 Workforce HRMS Roles, 2150ee 8602062-039 $53,750 $8,065 $9,675 $12,365 Workforce HRMS Roles, 2200ee 8602062-040 $55,000 $8,250 $9,900 $12,650 Workforce HRMS Roles, 2250ee 8602062-041 $56,250 $8,440 $10,125 $12,940 Workforce HRMS Roles, 2300ee 8602062-042 $57,500 $8,625 $10,350 $13,225 Workforce HRMS Roles, 2350ee 8602062-043 $58,750 $8,815 $10,575 $13,515 Workforce HRMS Roles, 2400ee 8602062-044 $60,000 $9,000 $10,800 $13,800 Workforce HRMS Roles, 2450ee 8602062-045 $61 ,250 $9,190 $11,025 $14,090 Workforce HRMS Roles, 2500ee 8602062-046 $62,500 $9,375 $11,250 $14,375 Workforce HRMS Roles, 3000ee 8602062-047 $75,000 $11,250 $13,500 $17,250 Workforce HRMS Roles, 3500ee 8602062-048 $87,500 $13,125 $15,750 $20,125 Workforce HRMS Roles, 4000ee 8602062-049 $100,000 $15,000 $18,000 $23,000 Workforce HRMS Roles, 4500ee 8602062-050 $112,500 $16,875 $20,250 $25,875 Workforce HRMS Roles, 5000ee 8602062-051 $125,000 $18,750 $22,500 $28,750 Crystal Server Side Reporting Crystal Server Side Reporting 8602142-001 $0 $0 $0 $0 HRMS Crystal Reports Professional v8.5 Crystal, HRMS, 5 users 8602141-001 $0 $0 $0 $0 Crystal, HRMS, 10 users 8602141-002 $0 $0 $0 $0 Crystal, HRMS, 15 users 8602141-003 $1,000 $150 $180 $230 Crystal, HRMS, 20 users 8602141-004 $2,000 $300 $360 $460 Crystal, HRMS, 25 users 8602141-005 $3,000 $450 $540 $690 Crystal, HRMS, 30 users 8602141-006 $4,000 $600 $720 $920 Crystal, HRMS, 35 users 8602141-007 $5,000 $750 $900 $1,150 Crystal, HRMS, 40 users 8602141-008 $6,000 $900 $1,080 $1,380 Crystal, HRMS, 45 users 8602141-009 $7,000 $1,050 $1 ,260 $1,610 Crystal, HRMS, 50 users 8602141-010 $8,000 $1 ,200 $1 ,440 $1,840 Crystal, HRMS, 55 users 8602141-011 $9,000 $1,350 $1,620 $2,070 Crystal, HRMS, 60 users 8602141-012 $10,000 $1,500 $1 ,800 $2,300 Crystal, HRMS, 65 users 8602141-013 $11,000 $1,650 $1,980 $2,530 Crystal, HRMS, 70 users 8602141-014 $12,000 $1,800 $2,160 $2,760 Crystal, HRMS, 75 users 8602141-015 $13,000 $1,950 $2,340 $2,990 Crystal, HRMS, 80 users 8602141-016 $14,000 $2,100 $2,520 $3,220 Crystal, HRMS, 85 users 8602141-017 $15,000 $2,250 $2,700 $3,450 Crystal, HRMS, 90 users 8602141-018 $16,000 $2,400 $2,880 $3,680 Crystal, HRMS, 95 users 8602141-019 $17,000 $2,550 $3,060 $3,910 Crystal, HRMS, 100 users 8602141-020 $18,000 $2,700 $3,240 $4,140 Microsoft Sequel Server MS SOL Server 2 processor license 8601963-002 $3,516 $525 http://158.228.14.2411statepricing/0801/WFHRMS.htm 91112005 MS SOL Server 3 processor license MS SOL Server 4 processor license N/A - Dealers must purchase direct from Vendor Workforce Tax Filing Workforce Tax Filing Start-up Kit 8601963-003 8601963-004 8700416-001 Page 5 of5 $5,274 $7,032 $790 $1,055 $0 To enter an order for Tax Processing, enter part # 8700416-001 on the sales agreement with a quantity of 1 at no charge to the custor This part number will trigger the shipment of a Tax Processing Start-up Kit to the customer. Once the Start-up kit is complete, return it to Kronos Global Support via email, fax or standard mail at: Tax Filing Desk, KGS Kronos Incorporated 300 Billerica Rd. Chelmsford, MA 01824-4140 <Workforce T axFilinq((i)kronos. com > Phone: (800) 394-4357 Fax: (978) 367-5923 Professional Services - Pre-Sales Needs Assessment, Implementation, Integration & Consulting Irn.Rlem~'lmtjon Seryj~es Information on Workforce HRMS pilot implementation process: Kronos will create three (3) area specific implementation teams. The plan is to utilize current Kronos employees that are experienced in HRlPayroll and the addition of new hires. Best Software will provide Kronos a dedicated team to act as mentors consisting of a PM, AC, TC and Trainer. As part of the consultive sales process required in the HRMS market, HRMS Service consultants will assist Sales in the needs assessment phase of the sales cycle. To engage HRMS Professional Services resources for pilot projects, please contact Brent Hammond. HRMS Services K-Pro Select for Workforce HRMS 9990020-PRO $187.50 Consulting Services Needs Assessment Application Analysis Operational Analysis Reporting Analysis Consulting Engagement Report Writing Services Workforce Migration Assessment Database Services Advanced Technical Training Industry Consulting - HRMS engagements utilizing Paul Belliveau use+A5 this number for his time. Technical Audit 9990001-CON 9990002-CON 9990003-CON 9990004-CON 9990005-CON 9990007 -CON 9990008-CON 9990009-CON 9990010-CON 9990011-CON 9990012-CON http://158.228.14.2411statepricing/0801lWFHRMS.htm $187.50 $187.50 $187.50 $187.50 $268.75 $268.75 $268.75 $268.75 $268.75 $287.50 $268.75 91112005 (3 I!) Cl] :t (J) :iE a:: J: Gl o ... o - "" ... o 3: Gl ... III ~ it: o (J) U ::' ...'E (I) 0 ::>() '" 1;; U5 U ::' ...'E (I) 0 ::>() .l!! '" U5 U ::' ...'E (I) 0 ::>0 '" 1;; U5 ... (I) ::> E :;;g:s :J :; :E ii: .-.~c en 0 m ::>0:;; ~ - .,. '" c ~~~ 'tl '" ...U;:; (I) "'_ ::> co '" COll: :> U) .s'if? 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E Gl ,E:Jg i: C c o t Ul 3: III .- a.; M '- C)"C -.i2c'- > Gl Ow 0 x '- c ; 0 o~m~l()~~~~g~~~~~g~~l()g~~~~ 8~~~BEBBBBBBEBBoos~EEBBB ~~~~~~~~~~~~g~~~~~g~~~~~ ~0-~~~~~~~~~~~~~~~~!~:~~~ ~~~~~~~~~~~~~~~~~~~~~~~~ ~!~~~~~~~~~~~~~~~~~~~~~~ ~o 5"'~~~~~~~~~~~~~~~~~~~~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~oo~~~~~~~~~~~~~~~~~~~~ 00000000000000000000 ~l()Ol()Ol()Ol()Ol()Ol()Ol()Ol()Ol()Ol() Mvm~mONMl()mOOm~NVl()r--.OO ~NM~~~~mo~Nri~m~mmo . ~W~~~~~~~~~~~~~~~NN ~~~~tI}~~~~~~ o o o '" ;;; o 9 "- ~ o o "- co 32 o o o "" ~ ~ o (f) (f) ::;; cr I <Il e ~ o :;: If) o o N --- 0; E ~ CZl ~ ::r: ~ --- o 00 o eo c:: '0 'C fro B VI --- - ~ N '<i - 00 N C"! 00 If) - :::::: ~ ..r:: Page 1 of5 Software - Workforce HRMS Descri tion US$ Suggested Part Number Retail US$ Silver Maint US$ Gold Maint US$ Platinum Maint Sta Dis Upgrades Upgrades from Workforce HRMS v4.2 to v4.3: Dealers will be charged an upgrade fee of $500.00 per customer. Workforce HRMS Administrator Workforce HRMS Demo CD 3800366-001 $10 Workforce HRMS Software & Doc kit v 4.3 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HRMS Administrator 5 8602063-001 $0 $0 $0 $0 Workforce HRMS Administrator 10 8602063-002 $5,000 $750 $900 $1,150 Workforce HRMS Administrator 15 8602063-003 $10,000 $1,500 $1,800 $2,300 Workforce HRMS Administrator 20 8602063-004 $15,000 $2,250 $2,700 $3,450 Workforce HRMS Administrator 25 8602063-005 $20,000 $3,000 $3,600 $4,600 Workforce HRMS Administrator 30 8602063-006 $25,000 $3,750 $4,500 $5,750 Workforce HRMS Administrator 35 8602063-007 $30,000 $4,500 $5,400 $6,900 Workforce HRMS Administrator 40 8602063-008 $35,000 $5,250 $6,300 $8,050 Workforce HRMS Administrator 45 8602063-009 $40,000 $6,000 $7,200 $9,200 Workforce HRMS Administrator 50 8602063-010 $45,000 $6,750 $8,100 $10,350 Workforce HRMS Administrator 55 8602063-011 $50,000 $7,500 $9,000 $11,500 Workforce HRMS Administrator 60 8602063-012 $55,000 $8,250 $9,900 $12,650 Workforce HRMS Administrator 65 8602063-013 $60,000 $9,000 $10,800 $13,800 Workforce HRMS Administrator 70 8602063-014 $65,000 $9,750 $11,700 $14,950 Workforce HRMS Administrator 75 8602063-015 $70,000 $10,500 $12,600 $16,100 Workforce HRMS Administrator 80 8602063-016 $75,000 $11,250 $13,500 $17,250 Workforce HRMS Administrator 85 8602063-017 $80,000 $12,000 $14,400 $18,400 Workforce HRMS Administrator 90 8602063-018 $85,000 $12,750 $15,300 $19,550 Workforce HRMS Administrator 95 8602063-019 $90,000 $13,500 $16,200 $20,700 Workforce HRMSAdministrator 100 8602063-020 $95,000 $14,250 $17,100 $21,850 Workforce HR Workforce HRMS Software & Doc kit 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HR, 250ee 8602060-001 $12,500 $2,500 $3,000 $3,625 Workforce HR, 300ee 8602060-002 $15,000 $3,000 $3,600 $4,350 Workforce HR, 350ee 8602060-003 $17,500 $3,500 $4,200 $5,075 Workforce HR, 400ee 8602060-004 $20,000 $4,000 $4,800 $5,800 Workforce HR, 450ee 8602060-005 $22,500 $4,500 $5,400 $6,525 Workforce HR, 500ee 8602060-006 $25,000 $3,750 $4,500 $5,750 Workforce HR, 550ee 8602060-007 $27,500 $4,125 $4,950 $6,325 Workforce HR, 600ee 8602060-008 $30,000 $4,500 $5,400 $6,900 Workforce HR, 650ee 8602060-009 $32,500 $4,875 $5,850 $7,475 Workforce HR, 700ee 8602060-010 $35,000 $5,250 $6,300 $8,050 Workforce HR, 750ee 8602060-011 $37,500 $5,625 $6,750 $8,625 Workforce HR, 800ee 8602060-012 $50,000 $7,500 $9,000 $11,500 http://158.228.14.2411statepricing/0801lWFHRMS.htm 9/112005 ~~(l Page 2 of5 Workforce HR, 850ee 8602060-013 $53,125 $7,970 $9,565 $12,220 Workforce HR, 900ee 8602060-014 $56,250 $8,440 $10,125 $12,940 Workforce HR, 950ee 8602060-015 $59,375 $8,905 $10,690 $13,655 Workforce HR, 1000ee 8602060-016 $62,500 $9,375 $11,250 $14,375 Workforce HR, 1050ee 8602060-017 $65,625 $9,845 $11,815 $15,095 Workforce HR, 1100ee 8602060-018 $68,750 $10,315 $12,375 $15,815 Workforce HR, 1150ee 8602060-019 $71,875 $10,780 $12,940 $16,530 Workforce HR, 1200ee 8602060-020 $75,000 $11,250 $13,500 $17,250 Workforce HR, 1250ee 8602060-021 $78,125 $11,720 $14,065 $17,970 Workforce HR, 1300ee 8602060-022 $81,250 $12,190 $14,625 $18,690 Workforce HR, 1350ee 8602060-023 $84,375 $12,655 $15,190 $19,405 Workforce HR, 1400ee 8602060-024 $87,500 $13,125 $15,750 $20,125 Workforce HR, 1450ee 8602060-025 $90,625 $13,595 $16,315 $20,845 Workforce HR, 1500ee 8602060-026 $93,750 $14,065 $16,875 $21,565 Workforce HR, 1550ee 8602060-027 $96,875 $14,530 $17,440 $22,280 Workforce HR, 1600ee 8602060-028 $100,000 $15,000 $18,000 $23,000 Workforce HR, 1650ee 8602060-029 $103,125 $15,470 $18,565 $23,720 Workforce HR, 1700ee 8602060-030 $106,250 $15,940 $19,125 $24,440 Workforce HR, 1750ee 8602060-031 $109,375 $16,405 $19,690 $25,155 Workforce HR, 1800ee 8602060-032 $112,500 $16,875 $20,250 $25,875 Workforce HR, 1850ee 8602060-033 $115,625 $17,345 $20,815 $26,595 Workforce HR, 1900ee 8602060-034 $118,750 $17,815 $21,375 $27,315 Workforce HR, 1950ee 8602060-035 $121,875 $18,280 $21,940 $28,030 Workforce HR, 2000ee 8602060-036 $125,000 $18,750 $22,500 $28,750 Workforce HR, 2050ee 8602060-037 $128,125 $19,220 $23,065 $29,470 Workforce HR, 21 OOee 8602060-038 $131,250 $19,690 $23,625 $30,190 Workforce HR, 2150ee 8602060-039 $134,375 $20,155 $24,190 $30,905 Workforce HR, 2200ee 8602060-040 $137,500 $20,625 $24,750 $31 ,625 Workforce HR, 2250ee 8602060-041 $140,625 $21,095 $25,315 $32,345 Workforce HR, 2300ee 8602060-042 $143,750 $21,565 $25,875 $33,065 Workforce HR, 2350ee 8602060-043 $146,875 $22,030 $26,440 $33,780 Workforce HR, 2400ee 8602060-044 $150,000 $22,500 $27,000 $34,500 Workforce HR, 2450ee 8602060-045 $153,125 $22,970 $27,565 $35,220 Workforce HR, 2500ee 8602060-046 $156,250 $23,440 $28,125 $35,940 Workforce HR, 3000ee 8602060-047 $187,500 $28,125 $33,750 $43,125 Workforce HR, 3500ee 8602060-048 $218,750 $32,815 $39,375 $50,315 Workforce HR, 4000ee 8602060-049 $250,000 $37,500 $45,000 $57,500 Workforce HR, 4500ee 8602060-050 $281,250 $42,190 $50,625 $64,690 Workforce HR, 5000ee 8602060-051 $312,500 $46,875 $56,250 $71,875 Workforce Payroll Workforce HRMS Software & Doc kit 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce Payroll, 250ee 8602061-001 $12,500 $2,500 $3,000 $3,625 Workforce Payroll, 300ee 8602061-002 $15,000 $3,000 $3,600 $4,350 Workforce Payroll, 350ee 8602061-003 $17,500 $3,500 $4,200 $5,075 Workforce Payroll, 400ee 8602061-004 $20,000 $4,000 $4,800 $5,800 Workforce Payroll, 450ee 8602061-005 $22,500 $4,500 $5,400 $6,525 Workforce Payroll, 500ee 8602061-006 $25,000 $3,750 $4,500 $5,750 Workforce Payroll, 550ee 8602061-007 $27,500 $4,125 $4,950 $6,325 Workforce Payroll, 600ee 8602061-008 $30,000 $4,500 $5,400 $6,900 Workforce Payroll, 650ee 8602061-009 $32,500 $4,875 $5,850 $7,475 Workforce Payroll, 700ee 8602061-010 $35,000 $5,250 $6,300 $8,050 Workforce Payroll, 750ee 8602061-011 $37,500 $5,625 $6,750 $8,625 Workforce Payroll, 800ee 8602061-012 $50,000 $7,500 $9,000 $11,500 Workforce Payroll, 850ee 8602061-013 $53,125 $7,970 $9,565 $12,220 Workforce Payroll, 900ee 8602061-014 $56,250 $8,440 $10,125 $12,940 Workforce Payroll, 950ee 8602061-015 $59,375 $8,905 $10,690 $13,655 http://158.228.14.2411statepricing/0801lWFHRMS.htm 9/112005 Page 3 of5 Workforce Payroll, 1000ee 8602061-016 $62,500 $9,375 $11,250 $14,375 Workforce Payroll, 1050ee 8602061-017 $65,625 $9,845 $11,815 $15,095 Workforce Payroll, 1100ee 8602061-018 $68,750 $10,315 $12,375 $15,815 Workforce Payroll, 1150ee 8602061-019 $71,875 $10,780 $12,940 $16,530 Workforce Payroll, 1200ee 8602061-020 $75,000 $11,250 $13,500 $17,250 Workforce Payroll, 1250ee 8602061-021 $78,125 $11,720 $14,065 $17,970 Workforce Payroll, 1300ee 8602061-022 $81,250 $12,190 $14,625 $18,690 Workforce Payroll, 1350ee 8602061-023 $84,375 $12,655 $15,190 $19,405 Workforce Payroll, 1400ee 8602061-024 $87,500 $13,125 $15,750 $20,125 Workforce Payroll, 1450ee 8602061-025 $90,625 $13,595 $16,315 $20,845 Workforce Payroll, 1500ee 8602061-026 $93,750 $14,065 $16,875 $21,565 Workforce Payroll, 1550ee 8602061-027 $96,875 $14,530 $17,440 $22,280 Workforce Payroll, 1600ee 8602061-028 $100,000 $15,000 $18,000 $23,000 Workforce Payroll, 1650ee 8602061-029 $103,125 $15,470 $18,565 $23,720 Workforce Payroll, 1700ee 8602061-030 $106,250 $15,940 $19,125 $24,440 Workforce Payroll, 1750ee 8602061-031 $109,375 $16,405 $19,690 $25,155 Workforce Payroll, 1800ee 8602061-032 $112,500 $16,875 $20,250 $25,875 Workforce Payroll, 1850ee 8602061-033 $115,625 $17,345 $20,815 $26,595 Workforce Payroll, 1900ee 8602061-034 $118,750 $17,815 $21,375 $27,315 Workforce Payroll, 1950ee 8602061-035 $121,875 $18,280 $21,940 $28,030 Workforce Payroll, 2000ee 8602061-036 $125,000 $18,750 $22,500 $28,750 Workforce Payroll, 2050ee 8602061-037 $128,125 $19,220 $23,065 $29,470 Workforce Payroll, 2100ee 8602061-038 $131,250 $19,690 $23,625 $30,190 Workforce Payroll, 2150ee 8602061-039 $134,375 $20,155 $24,190 $30,905 Workforce Payroll, 2200ee 8602061-040 $137,500 $20,625 $24,750 $31,625 Workforce Payroll, 2250ee 8602061-041 $140,625 $21,095 $25,315 $32,345 Workforce Payroll, 2300ee 8602061-042 $143,750 $21,565 $25,875 $33,065 Workforce Payroll, 2350ee 8602061-043 $146,875 $22,030 $26,440 $33,780 Workforce Payroll, 2400ee 8602061-044 $150,000 $22,500 $27,000 $34,500 Workforce Payroll, 2450ee 8602061-045 $153,125 $22,970 $27,565 $35,220 Workforce Payroll, 2500ee 8602061-046 $156,250 $23,440 $28,125 $35,940 Workforce Payroll, 3000ee 8602061-047 $187,500 $28,125 $33,750 $43,125 Workforce Payroll, 3500ee 8602061-048 $218,750 $32,815 $39,375 $50,315 Workforce Payroll, 4000ee 8602061-049 $250,000 $37,500 $45,000 $57,500 Workforce Payroll, 4500ee 8602061-050 $281,250 $42,190 $50,625 $64,690 Workforce Payroll, 5000ee 8602061-051 $312,500 $46,875 $56,250 $71,875 Workforce HRMS Roles Workforce HRMS Software & Doc kit 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HRMS Roles, 250ee 8602062-001 $6,250 $1 ,250 $1 ,500 $1,815 Workforce HRMS Roles, 300ee 8602062-002 $7,500 $1,500 $1,800 $2,175 Workforce HRMS Roles, 350ee 8602062-003 $8,750 $1,750 $2,100 $2,540 Workforce HRMS Roles, 400ee 8602062-004 $10,000 $2,000 $2,400 $2,900 Workforce HRMS Roles, 450ee 8602062-005 $11,250 $2,250 $2,700 $3,265 Workforce HRMS Roles, 500ee 8602062-006 $12,500 $1,875 $2,250 $2,875 Workforce HRMS Roles, 550ee 8602062-007 $13,750 $2,065 $2,475 $3,165 Workforce HRMS Roles, 600ee 8602062-008 $15,000 $2,250 $2,700 $3,450 Workforce HRMS Roles, 650ee 8602062-009 $16,250 $2,440 $2,925 $3,740 Workforce HRMS Roles, 700ee 8602062-010 $17,500 $2,625 $3,150 $4,025 Workforce HRMS Roles, 750ee 8602062-011 $18,750 $2,815 $3,375 $4,315 Workforce HRMS Roles, 800ee 8602062-012 $20,000 $3,000 $3,600 $4,600 Workforce HRMS Roles, 850ee 8602062-013 $21,250 $3,190 $3,825 $4,890 Workforce HRMS Roles, 900ee 8602062-014 $22,500 $3,375 $4,050 $5,175 Workforce HRMS Roles, 950ee 8602062-015 $23,750 $3,565 $4,275 $5,465 Workforce HRMS Roles, 1000ee 8602062-016 $25,000 $3,750 $4,500 $5,750 Workforce HRMS Roles, 1050ee 8602062-017 $26,250 $3,940 $4,725 $6,040 Workforce HRMS Roles, 1100ee 8602062-018 $27,500 $4,125 $4,950 $6,325 Workforce HRMS Roles, 1150ee 8602062-019 $28,750 $4,315 $5,175 $6,615 http://158.228.14.2411statepricing/0801/WFHRMS.htm 9/1/2005 Page 4 of5 Workforce HRMS Roles, 1200ee 8602062-020 $30,000 $4,500 $5,400 $6,900 Workforce HRMS Roles, 1250ee 8602062-021 $31 ,250 $4,690 $5,625 $7,190 Workforce HRMS Roles, 1300ee 8602062-022 $32,500 $4,875 $5,850 $7,475 Workforce HRMS Roles, 1350ee 8602062-023 $33,750 $5,065 $6,075 $7,765 Workforce HRMS Roles, 1400ee 8602062-024 $35,000 $5,250 $6,300 $8,050 Workforce HRMS Roles, 1450ee 8602062-025 $36,250 $5,440 $6,525 $8,340 Workforce HRMS Roles, 1500ee 8602062-026 $37,500 $5,625 $6,750 $8,625 Workforce HRMS Roles, 1550ee 8602062-027 $38,750 $5,815 $6,975 $8,915 Workforce HRMS Roles, 1600ee 8602062-028 $40,000 $6,000 $7,200 $9,200 Workforce HRMS Roles, 1650ee 8602062-029 $41,250 $6,190 $7,425 $9,490 Workforce HRMS Roles, 1700ee 8602062-030 $42,500 $6,375 $7,650 $9,775 Workforce HRMS Roles, 1750ee 8602062-031 $43,750 $6,565 $7,875 $10,065 Workforce HRMS Roles, 1800ee 8602062-032 $45,000 $6,750 $8,100 $10,350 Workforce HRMS Roles, 1850ee 8602062-033 $46,250 $6,940 $8,325 $10,640 Workforce HRMS Roles, 1900ee 8602062-034 $47,500 $7,125 $8,550 $10,925 Workforce HRMS Roles, 1950ee 8602062-035 $48,750 $7,315 $8,775 $11,215 Workforce HRMS Roles, 2000ee 8602062-036 $50,000 $7,500 $9,000 $11,500 Workforce HRMS Roles, 2050ee 8602062-037 $51 ,250 $7,690 $9,225 $11,790 Workforce HRMS Roles, 2100ee 8602062-038 $52,500 $7,875 $9,450 $12,075 Workforce HRMS Roles, 2150ee 8602062-039 $53,750 $8,065 $9,675 $12,365 Workforce HRMS Roles, 2200ee 8602062-040 $55,000 $8,250 $9,900 $12,650 Workforce HRMS Roles, 2250ee 8602062-041 $56,250 $8,440 $10,125 $12,940 Workforce HRMS Roles, 2300ee 8602062-042 $57,500 $8,625 $10,350 $13,225 Workforce HRMS Roles, 2350ee 8602062-043 $58,750 $8,815 $10,575 $13,515 Workforce HRMS Roles, 2400ee 8602062-044 $60,000 $9,000 $10,800 $13,800 Workforce HRMS Roles, 2450ee 8602062-045 $61,250 $9,190 $11,025 $14,090 Workforce HRMS Roles, 2500ee 8602062-046 $62,500 $9,375 $11,250 $14,375 Workforce HRMS Roles, 3000ee 8602062-047 $75,000 $11,250 $13,500 $17,250 Workforce HRMS Roles, 3500ee 8602062-048 $87,500 $13,125 $15,750 $20,125 Workforce HRMS Roles, 4000ee 8602062-049 $100,000 $15,000 $18,000 $23,000 Workforce HRMS Roles, 4500ee 8602062-050 $112,500 $16,875 $20,250 $25,875 Workforce HRMS Roles, 5000ee 8602062-051 $125,000 $18,750 $22,500 $28,750 Crystal Server Side Reporting Crystal Server Side Reporting 8602142-001 $0 $0 $0 $0 HRMS Crystal Reports Professional v8.5 Crystal, HRMS, 5 users 8602141-001 $0 $0 $0 $0 Crystal, HRMS, 10 users 8602141-002 $0 $0 $0 $0 Crystal, HRMS, 15 users 8602141-003 $1,000 $150 $180 $230 Crystal, HRMS, 20 users 8602141-004 $2,000 $300 $360 $460 Crystal, HRMS, 25 users 8602141-005 $3,000 $450 $540 $690 Crystal, HRMS, 30 users 8602141-006 $4,000 $600 $720 $920 Crystal, HRMS, 35 users 8602141-007 $5,000 $750 $900 $1,150 Crystal, HRMS, 40 users 8602141-008 $6,000 $900 $1,080 $1,380 Crystal, HRMS, 45 users 8602141-009 $7,000 $1,050 $1 ,260 $1,610 Crystal, HRMS, 50 users 8602141-010 $8,000 $1 ,200 $1,440 $1,840 Crystal, HRMS, 55 users 8602141-011 $9,000 $1,350 $1 ,620 $2,070 Crystal, HRMS, 60 users 8602141-012 $10,000 $1,500 $1 ,800 $2,300 Crystal, HRMS, 65 users 8602141-013 $11,000 $1,650 $1,980 $2,530 Crystal, HRMS, 70 users 8602141-014 $12,000 $1,800 $2,160 $2,760 Crystal, HRMS, 75 users 8602141-015 $13,000 $1,950 $2,340 $2,990 Crystal, HRMS, 80 users 8602141-016 $14,000 $2,100 $2,520 $3,220 Crystal, HRMS, 85 users 8602141-017 $15,000 $2,250 $2,700 $3,450 Crystal, HRMS, 90 users 8602141-018 $16,000 $2,400 $2,880 $3,680 Crystal, HRMS, 95 users 8602141-019 $17,000 $2,550 $3,060 $3,910 Crystal, HRMS, 100 users 8602141-020 $18,000 $2,700 $3,240 $4,140 Microsoft Sequel Server MS SOL Server 2 processor license 8601963-002 $3,516 $525 http://158.228.14.2411statepricing/0801lWFHRMS.htm 9/112005 MS SQL Server 3 processor license MS SQL Server 4 processor license N/A - Dealers must purchase direct from Vendor Workforce Tax Filing Workforce Tax Filing Start-up Kit 8601963-003 8601963-004 8700416-001 Page 5 of5 $5,274 $7,032 $790 $1,055 $0 To enter an order for Tax Processing, enter part # 8700416-001 on the sales agreement with a quantity of 1 at no charge to the custor This part number will trigger the shipment of a Tax Processing Start-up Kit to the customer. Once the Start-up kit is complete, return it to Kronos Global Support via email, fax or standard mail at: Tax Filing Desk, KGS Kronos Incorporated 300 Billerica Rd. Chelmsford, MA 01824-4140 5.Workforce T axEillog@kronos.com> Phone: (800) 394-4357 Fax: (978) 367-5923 Professional Services - Pre-Sales Needs Assessment, Implementation, Integration & Consulting lrru~lem~nt~tion ~~J:vices Information on Workforce HRMS pilot implementation process: Kronos will create three (3) area specific implementation teams. The plan is to utilize current Kronos employees that are experienced in HRlPayroll and the addition of new hires. Best Software will provide Kronos a dedicated team to act as mentors consisting of a PM, AC, TC and Trainer. As part of the consultive sales process required in the HRMS market, HRMS Service consultants will assist Sales in the needs assessment phase of the sales cycle. To engage HRMS Professional Services resources for pilot projects, please contact Brent Hammond. HRMS Services K-Pro Select for Workforce HRMS 9990020-PRO $187.50 Consulting Services Needs Assessment Application Analysis Operational Analysis Reporting Analysis Consulting Engagement Report Writing Services Workforce Migration Assessment Database Services Advanced Technical Training Industry Consulting - HRMS engagements utilizing Paul Belliveau use+A5 this number for his time. Technical Audit 9990001-CON 9990002-CON 9990003-CON 9990004-CON 9990005-CON 9990007-CON 9990008-CON 9990009-CON 9990010-CON 9990011-CON 9990012-CON http://158.228.14.241/statepricingl0801/WFHRMS.htm $187.50 $187.50 $187.50 $187.50 $268.75 $268.75 $268.75 $268.75 $268.75 $287.50 $268.75 9/1/2005 o I!) Cl] "" l., u ::' VI'E (I) 0 =>t.'l '" 1;; U5 E~ '"", :;;- E 5 ::> 0 C 0 :;:. 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C"')C"')C"')C')('I')C"')C")C"')C")('f')("I')C") 000000000000 000000000000 000000000000 rococococoroCOCOCOCOc:oc:o co co CO CO co 00 CO CO CO CO C:OCO Gl (J) (J) (J) (J) w m ~ ~ m m m m ~ m m m Q)<1>~Q)m~mooooo 000000000000 00000000001.00 LOOOOOOLOONLO,....O NMvLOc.o,....T'"" T'""C\I a.6lCiLO to tOhlC) 1.0 to LO a.6ll'ilCi >>>>>>>>>>>> ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ w (ijrororororoearororororo 2 2 2 2 2 2 2 2 2 2 2 2 u 0 0 0 000 u u 0 u U U U U U U 0 0 u u u u u <(<(<(<(<(<(<(<(<(<(<(<( ~ Q) <1> <1> Q) Q) ~ <1> <1> <1> Q) Q) ~ e ~ e ~ ~ e e ~ e e e ~:g~~~:E~~~:g~~ 000 0 0 0 0 0 0 0 0 0 ~~~~~~~n:~:~nn: a ~ l/") > u ~ :::. o 00 o --- OIl ::: '0 'C 0- Il) !1 '" --- - "'1' N "<i - 00 N "'! 00 l/") - --- --- i:i.. :t:: ..c: Page 1 of5 Software - Workforce HRMS Description US$ Suggested Part Number Retail US$ Silver Maint US$ Gold Maint US$ Platinum Maint Sta Dis Upgrades Upgrades from Workforce HRMS v4.2 to v4.3: Dealers will be charged an upgrade fee of $500.00 per customer. Workforce HRMS Administrator ~/~ Workforce HRMS Demo CD 3800366-001 $10 Workforce HRMS Software & Doc kit v 4.3 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HRMS Administrator 5 8602063-001 $0 $0 $0 $0 Workforce HRMS Administrator 10 8602063-002 $5,000 $750 $900 $1,150 Workforce HRMS Administrator 15 8602063-003 $10,000 $1,500 $1,800 $2,300 Workforce HRMS Administrator 20 8602063-004 $15,000 $2,250 $2,700 $3,450 Workforce HRMS Administrator 25 8602063-005 $20,000 $3,000 $3,600 $4,600 Workforce HRMS Administrator 30 8602063-006 $25,000 $3,750 $4,500 $5,750 Workforce HRMS Administrator 35 8602063-007 $30,000 $4,500 $5,400 $6,900 Workforce HRMS Administrator 40 8602063-008 $35,000 $5,250 $6,300 $8,050 Workforce HRMS Administrator 45 8602063-009 $40,000 $6,000 $7,200 $9,200 Workforce HRMS Administrator 50 8602063-010 $45,000 $6,750 $8,100 $10,350 Workforce HRMS Administrator 55 8602063-011 $50,000 $7,500 $9,000 $11,500 Workforce HRMS Administrator 60 8602063-012 $55,000 $8,250 $9,900 $12,650 Workforce HRMS Administrator 65 8602063-013 $60,000 $9,000 $10,800 $13,800 Workforce HRMS Administrator 70 8602063-014 $65,000 $9,750 $11,700 $14,950 Workforce HRMS Administrator 75 8602063-015 $70,000 $10,500 $12,600 $16,100 Workforce HRMS Administrator 80 8602063-016 $75,000 $11,250 $13,500 $17,250 Workforce HRMS Administrator 85 8602063-017 $80,000 $12,000 $14,400 $18,400 Workforce HRMS Administrator 90 8602063-018 $85,000 $12,750 $15,300 $19,550 Workforce HRMS Administrator 95 8602063-019 $90,000 $13,500 $16,200 $20,700 Workforce HRMS Administrator 100 8602063-020 $95,000 $14,250 $17,100 $21,850 Workforce HR Workforce HRMS Software & Doc kit 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HR, 250ee 8602060-001 $12,500 $2,500 $3,000 $3,625 Workforce HR, 300ee 8602060-002 $15,000 $3,000 $3,600 $4,350 Workforce HR, 350ee 8602060-003 $17,500 $3,500 $4,200 $5,075 Workforce HR, 400ee 8602060-004 $20,000 $4,000 $4,800 $5,800 Workforce HR, 450ee 8602060-005 $22,500 $4,500 $5,400 $6,525 Workforce HR, 500ee 8602060-006 $25,000 $3,750 $4,500 $5,750 Workforce HR, 550ee 8602060-007 $27,500 $4,125 $4,950 $6,325 Workforce HR, 600ee 8602060-008 $30,000 $4,500 $5,400 $6,900 Workforce HR, 650ee 8602060-009 $32,500 $4,875 $5,850 $7,475 Workforce HR, 700ee 8602060-010 $35,000 $5,250 $6,300 $8,050 Workforce HR, 750ee 8602060-011 $37,500 $5,625 $6,750 $8,625 Workforce HR, 800ee 8602060-012 $50,000 $7,500 $9,000 $11,500 http://158.228.14.2411statepricing/0801/WFHRMS.htm 9/112005 Page 2 of5 Workforce HR, 850ee 8602060-013 $53,125 $7,970 $9,565 $12,220 Workforce HR, 900ee 8602060-014 $56,250 $8,440 $10,125 $12,940 Workforce HR, 950ee 8602060-015 $59,375 $8,905 $10,690 $13,655 Workforce HR, 1000ee 8602060-016 $62,500 $9,375 $11,250 $14,375 Workforce HR, 1050ee 8602060-017 $65,625 $9,845 $11,815 $15,095 Workforce HR, 11 OOee 8602060-018 $68,750 $10,315 $12,375 $15,815 Workforce HR, 1150ee 8602060-019 $71,875 $10,780 $12,940 $16,530 Workforce HR, 1200ee 8602060-020 $75,000 $11,250 $13,500 $17 ,250 Workforce HR, 1250ee 8602060-021 $78,125 $11,720 $14,065 $17,970 Workforce HR, 1300ee 8602060-022 $81 ,250 $12,190 $14,625 $18,690 Workforce HR, 1350ee 8602060-023 $84,375 $12,655 $15,190 $19,405 Workforce HR, 1400ee 8602060-024 $87,500 $13,125 $15,750 $20,125 Workforce HR, 1450ee 8602060-025 $90,625 $13,595 $16,315 $20,845 Workforce HR, 1500ee 8602060-026 $93,750 $14,065 $16,875 $21,565 Workforce HR, 1550ee 8602060-027 $96,875 $14,530 $17,440 $22,280 Workforce HR, 1600ee 8602060-028 $100,000 $15,000 $18,000 $23,000 Workforce HR, 1650ee 8602060-029 $103,125 $15,470 $18,565 $23,720 Workforce HR, 1700ee 8602060-030 $106,250 $15,940 $19,125 $24,440 Workforce HR, 1750ee 8602060-031 $109,375 $16,405 $19,690 $25,155 Workforce HR, 1800ee 8602060-032 $112,500 $16,875 $20,250 $25,875 Workforce HR, 1850ee 8602060-033 $115,625 $17,345 $20,815 $26,595 Workforce HR, 1900ee 8602060-034 $118,750 $17,815 $21,375 $27,315 Workforce HR, 1950ee 8602060-035 $121,875 $18,280 $21,940 $28,030 Workforce HR, 2000ee 8602060-036 $125,000 $18,750 $22,500 $28,750 Workforce HR, 2050ee 8602060-037 $128,125 $19,220 $23,065 $29,470 Workforce HR, 2100ee 8602060-038 $131,250 $19,690 $23,625 $30,190 Workforce HR, 2150ee 8602060-039 $134,375 $20,155 $24,190 $30,905 Workforce HR, 2200ee 8602060-040 $137,500 $20,625 $24,750 $31,625 Workforce HR, 2250ee 8602060-041 $140,625 $21,095 $25,315 $32,345 Workforce HR, 2300ee 8602060-042 $143,750 $21 ,565 $25,875 $33,065 Workforce HR, 2350ee 8602060-043 $146,875 $22,030 $26,440 $33,780 Workforce HR, 2400ee 8602060-044 $150,000 $22,500 $27,000 $34,500 Workforce HR, 2450ee 8602060-045 $153,125 $22,970 $27,565 $35,220 Workforce HR, 2500ee 8602060-046 $156,250 $23,440 $28,125 $35,940 Workforce HR, 3000ee 8602060-047 $187,500 $28,125 $33,750 $43,125 Workforce HR, 3500ee 8602060-048 $218,750 $32,815 $39,375 $50,315 Workforce HR, 4000ee 8602060-049 $250,000 $37,500 $45,000 $57,500 Workforce HR, 4500ee 8602060-050 $281 ,250 $42,190 $50,625 $64,690 Workforce HR, 5000ee 8602060-051 $312,500 $46,875 $56,250 $71,875 Workforce Payroll Workforce HRMS Software & Doc kit 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce Payroll, 250ee 8602061-001 $12,500 $2,500 $3,000 $3,625 Workforce Payroll, 300ee 8602061-002 $15,000 $3,000 $3,600 $4,350 Workforce Payroll, 350ee 8602061-003 $17,500 $3,500 $4,200 $5,075 Workforce Payroll, 400ee 8602061-004 $20,000 $4,000 $4,800 $5,800 Workforce Payroll, 450ee 8602061-005 $22,500 $4,500 $5,400 $6,525 Workforce Payroll, 500ee 8602061-006 $25,000 $3,750 $4,500 $5,750 Workforce Payroll, 550ee 8602061-007 $27,500 $4,125 $4,950 $6,325 Workforce Payroll, 600ee 8602061-008 $30,000 $4,500 $5,400 $6,900 Workforce Payroll, 650ee 8602061-009 $32,500 $4,875 $5,850 $7,475 Workforce Payroll, 700ee 8602061-010 $35,000 $5,250 $6,300 $8,050 Workforce Payroll, 750ee 8602061-011 $37,500 $5,625 $6,750 $8,625 Workforce Payroll, 800ee 8602061-012 $50,000 $7,500 $9,000 $11,500 Workforce Payroll, 850ee 8602061-013 $53,125 $7,970 $9,565 $12,220 Workforce Payroll, 900ee 8602061-014 $56,250 $8,440 $10,125 $12,940 Workforce Payroll, 950ee 8602061-015 $59,375 $8,905 $10,690 $13,655 http://158.228.14.241/statepricing/0801/WFHRMS,htm 9/112005 Page 3 of5 Workforce Payroll, 1000ee 8602061-016 $62,500 $9,375 $11,250 $14,375 Workforce Payroll, 1050ee 8602061-017 $65,625 $9,845 $11,815 $15,095 Workforce Payroll, 11 OOee 8602061-018 $68,750 $10,315 $12,375 $15,815 Workforce Payroll, 1150ee 8602061-019 $71,875 $10,780 $12,940 $16,530 Workforce Payroll, 1200ee 8602061-020 $75,000 $11,250 $13,500 $17,250 Workforce Payroll, 1250ee 8602061-021 $78,125 $11,720 $14,065 $17,970 Workforce Payroll, 1300ee 8602061-022 $81 ,250 $12,190 $14,625 $18,690 Workforce Payroll, 1350ee 8602061-023 $84,375 $12,655 $15,190 $19,405 Workforce Payroll, 1400ee 8602061-024 $87,500 $13,125 $15,750 $20,125 Workforce Payroll, 1450ee 8602061-025 $90,625 $13,595 $16,315 $20,845 Workforce Payroll, 1500ee 8602061-026 $93,750 $14,065 $16,875 $21,565 Workforce Payroll, 1550ee 8602061-027 $96,875 $14,530 $17,440 $22,280 Workforce Payroll, 1600ee 8602061-028 $100,000 $15,000 $18,000 $23,000 Workforce Payroll, 1650ee 8602061-029 $103,125 $15,470 $18,565 $23,720 Workforce Payroll, 1700ee 8602061-030 $106,250 $15,940 $19,125 $24,440 Workforce Payroll, 1750ee 8602061-031 $109,375 $16,405 $19,690 $25,155 Workforce Payroll, 1800ee 8602061-032 $112,500 $16,875 $20,250 $25,875 Workforce Payroll, 1850ee 8602061-033 $115,625 $17,345 $20,815 $26,595 Workforce Payroll, 1900ee 8602061-034 $118,750 $17,815 $21,375 $27,315 Workforce Payroll, 1950ee 8602061-035 $121,875 $18,280 $21,940 $28,030 Workforce Payroll, 2000ee 8602061-036 $125,000 $18,750 $22,500 $28,750 Workforce Payroll, 2050ee 8602061-037 $128,125 $19,220 $23,065 $29,470 Workforce Payroll, 21 OOee 8602061-038 $131,250 $19,690 $23,625 $30,190 Workforce Payroll, 2150ee 8602061-039 $134,375 $20,155 $24,190 $30,905 Workforce Payroll, 2200ee 8602061-040 $137,500 $20,625 $24,750 $31,625 Workforce Payroll, 2250ee 8602061-041 $140,625 $21,095 $25,315 $32,345 Workforce Payroll, 2300ee 8602061-042 $143,750 $21 ,565 $25,875 $33,065 Workforce Payroll, 2350ee 8602061-043 $146,875 $22,030 $26,440 $33,780 Workforce Payroll, 2400ee 8602061-044 $150,000 $22,500 $27,000 $34,500 Workforce Payroll, 2450ee 8602061-045 $153,125 $22,970 $27,565 $35,220 Workforce Payroll, 2500ee 8602061-046 $156,250 $23,440 $28,125 $35,940 Workforce Payroll, 3000ee 8602061-047 $187,500 $28,125 $33,750 $43,125 Workforce Payroll, 3500ee 8602061-048 $218,750 $32,815 $39,375 $50,315 Workforce Payroll, 4000ee 8602061-049 $250,000 $37,500 $45,000 $57,500 Workforce Payroll, 4500ee 8602061-050 $281,250 $42,190 $50,625 $64,690 Workforce Payroll, 5000ee 8602061-051 $312,500 $46,875 $56,250 $71,875 Workforce HRMS Roles Workforce HRMS Software & Doc kit 8700417-001 $150 This CD contains software for Workforce HR, Payroll and Roles. You must include part number 8700417. on your order as the licensing part numbers listed below does not include any software. only 1 8700417-001 kit per order is necessary as it contains all of the appropriate software needed. Workforce HRMS Roles, 250ee 8602062-001 $6,250 $1 ,250 $1,500 $1,815 Workforce HRMS Roles, 300ee 8602062-002 $7,500 $1 ,500 $1,800 $2,175 Workforce HRMS Roles, 350ee 8602062-003 $8,750 $1,750 $2,100 $2,540 Workforce HRMS Roles, 400ee 8602062-004 $10,000 $2,000 $2,400 $2,900 Workforce HRMS Roles, 450ee 8602062-005 $11,250 $2,250 $2,700 $3,265 Workforce HRMS Roles, 500ee 8602062-006 $12,500 $1,875 $2,250 $2,875 Workforce HRMS Roles, 550ee 8602062-007 $13,750 $2,065 $2,475 $3,165 Workforce HRMS Roles, 600ee 8602062-008 $15,000 $2,250 $2,700 $3,450 Workforce HRMS Roles, 650ee 8602062-009 $16,250 $2,440 $2,925 $3,740 Workforce HRMS Roles, 700ee 8602062-010 $17,500 $2,625 $3,150 $4,025 Workforce HRMS Roles, 750ee 8602062-011 $18,750 $2,815 $3,375 $4,315 Workforce HRMS Roles, 800ee 8602062-012 $20,000 $3,000 $3,600 $4,600 Workforce HRMS Roles, 850ee 8602062-013 $21,250 $3,190 $3,825 $4,890 Workforce HRMS Roles, 900ee 8602062-014 II'" $22,500 $3,375 $4,050 $5,175 Workforce HRMS Roles, 950ee 8602062-015 $23,750 $3,565 $4,275 $5,465 Workforce HRMS Roles, 1000ee 8602062 -016 $25,000 $3,750 $4,500 $5,750 Workforce HRMS Roles, 1050ee 8602062-017 $26,250 $3,940 $4,725 $6,040 Workforce HRMS Roles, 11 OOee 8602062-018 $27,500 $4,125 $4,950 $6,325 Workforce HRMS Roles, 1150ee 8602062-019 $28,750 $4,315 $5,175 $6,615 http://158.228.14.241/statepricing/0801/WFHRMS.htm 9/1/2005 Page 4 of5 Workforce HRMS Roles, 1200ee 8602062-020 $30,000 $4,500 $5,400 $6,900 Workforce HRMS Roles, 1250ee 8602062-021 $31 ,250 $4,690 $5,625 $7,190 Workforce HRMS Roles, 1300ee 8602062-022 $32,500 $4,875 $5,850 $7,475 Workforce HRMS Roles, 1350ee 8602062-023 $33,750 $5,065 $6,075 $7,765 Workforce HRMS Roles, 1400ee 8602062-024 $35,000 $5,250 $6,300 $8,050 Workforce HRMS Roles, 1450ee 8602062-025 $36,250 $5,440 $6,525 $8,340 Workforce HRMS Roles, 1500ee 8602062-026 $37,500 $5,625 $6,750 $8,625 Workforce HRMS Roles, 1550ee 8602062-027 $38,750 $5,815 $6,975 $8,915 Workforce HRMS Roles, 1600ee 8602062-028 $40,000 $6,000 $7,200 $9,200 Workforce HRMS Roles, 1650ee 8602062-029 $41 ,250 $6,190 $7,425 $9,490 Workforce HRMS Roles, 1700ee 8602062-030 $42,500 $6,375 $7,650 $9,775 Workforce HRMS Roles, 1750ee 8602062-031 $43,750 $6,565 $7,875 $10,065 Workforce HRMS Roles, 1800ee 8602062-032 $45,000 $6,750 $8,100 $10,350 Workforce HRMS Roles, 1850ee 8602062-033 $46,250 $6,940 $8,325 $10,640 Workforce HRMS Roles, 1900ee 8602062-034 $47,500 $7,125 $8,550 $10,925 Workforce HRMS Roles, 1950ee 8602062-035 $48,750 $7,315 $8,775 $11,215 Workforce HRMS Roles, 2000ee 8602062-036 $50,000 $7,500 $9,000 $11,500 Workforce HRMS Roles, 2050ee 8602062-037 $51 ,250 $7,690 $9,225 $11,790 Workforce HRMS Roles, 2100ee 8602062-038 $52,500 $7,875 $9,450 $12,075 Workforce HRMS Roles, 2150ee 8602062-039 $53,750 $8,065 $9,675 $12,365 Workforce HRMS Roles, 2200ee 8602062-040 $55,000 $8,250 $9,900 $12,650 Workforce HRMS Roles, 2250ee 8602062-041 $56,250 $8,440 $10,125 $12,940 Workforce HRMS Roles, 2300ee 8602062-042 $57,500 $8,625 $10,350 $13,225 Workforce HRMS Roles, 2350ee 8602062-043 $58,750 $8,815 $10,575 $13,515 Workforce HRMS Roles, 2400ee 8602062-044 $60,000 $9,000 $10,800 $13,800 Workforce HRMS Roles, 2450ee 8602062-045 $61 ,250 $9,190 $11,025 $14,090 Workforce HRMS Roles, 2500ee 8602062-046 $62,500 $9,375 $11,250 $14,375 Workforce HRMS Roles, 3000ee 8602062-047 $75,000 $11,250 $13,500 $17,250 Workforce HRMS Roles, 3500ee 8602062-048 $87,500 $13,125 $15,750 $20,125 Workforce HRMS Roles, 4000ee 8602062-049 $100,000 $15,000 $18,000 $23,000 Workforce HRMS Roles, 4500ee 8602062-050 $112,500 $16,875 $20,250 $25,875 Workforce HRMS Roles, 5000ee 8602062-051 $125,000 $18,750 $22,500 $28,750 Crystal Server Side Reporting Crystal Server Side Reporting 8602142-001 $0 $0 $0 $0 HRMS Crystal Reports Professional v8.5 Crystal, HRMS, 5 users 8602141-001 $0 $0 $0 $0 Crystal, HRMS, 10 users 8602141-002 $0 $0 $0 $0 Crystal, HRMS, 15 users 8602141-003 $1,000 $150 $180 $230 Crystal, HRMS, 20 users 8602141-004 $2,000 $300 $360 $460 Crystal, HRMS, 25 users 8602141-005 $3,000 $450 $540 $690 Crystal, HRMS, 30 users 8602141-006 $4,000 $600 $720 $920 Crystal, HRMS, 35 users 8602141-007 $5,000 $750 $900 $1,150 Crystal, HRMS, 40 users 8602141-008 $6,000 $900 $1,080 $1,380 Crystal, HRMS, 45 users 8602141-009 $7,000 $1,050 $1 ,260 $1,610 Crystal, HRMS, 50 users 8602141-010 $8,000 $1,200 $1 ,440 $1,840 Crystal, HRMS, 55 users 8602141-011 $9,000 $1,350 $1,620 $2,070 Crystal, HRMS, 60 users 8602141-012 $10,000 $1,500 $1 ,800 $2,300 Crystal, HRMS, 65 users 8602141-013 $11,000 $1,650 $1,980 $2,530 Crystal, HRMS, 70 users 8602141-014 $12,000 $1,800 $2,160 $2,760 Crystal, HRMS, 75 users 8602141-015 $13,000 $1,950 $2,340 $2,990 Crystal, HRMS, 80 users 8602141-016 $14,000 $2,100 $2,520 $3,220 Crystal, HRMS, 85 users 8602141-017 $15,000 $2,250 $2,700 $3,450 Crystal, HRMS, 90 users 8602141-018 $16,000 $2,400 $2,880 $3,680 Crystal, HRMS, 95 users 8602141-019 $17,000 $2,550 $3,060 $3,910 Crystal, HRMS, 100 users 8602141-020 $18,000 $2,700 $3,240 $4,140 Microsoft Sequel Server MS SQL Server 2 processor license 8601963-002 $3,516 $525 http://158.228.14.2411statepricing/0801lWFHRMS.htm Q/1 noo" MS SQL Server 3 processor license MS SQL Server 4 processor license N/A - Dealers must purchase direct from Vendor Workforce Tax Filing Workforce Tax Filing Start-up Kit 8601963-003 8601963-004 8700416-001 Page 5 of5 $5,274 $7,032 $790 $1,055 $0 To enter an order for Tax Processing, enter part # 8700416-001 on the sales agreement with a quantity of 1 at no charge to the custor This part number will trigger the shipment of a Tax Processing Start-up Kit to the customer. Once the Start-up kit is complete, return it to Kronos Global Support via email, fax or standard mail at: Tax Filing Desk, KGS Kronos Incorporated 300 Billerica Rd. Chelmsford, MA 01824-4140 ~VYQL~force T axFi!ir:ul@.krgnoscCOrTJ~ Phone: (800) 394-4357 Fax: (978) 367 -5923 Professional Services - Pre-Sales Needs Assessment, Implementation, Integration & Consulting Im.RleruentatiglLS~rvices Information on Workforce HRMS pilot implementation process: Kronos will create three (3) area specific implementation teams. The plan is to utilize current Kronos employees that are experienced in HRlPayroll and the addition of new hires. Best Software will provide Kronos a dedicated team to act as mentors consisting of a PM, AC, TC and Trainer. As part of the consultive sales process required in the HRMS market, HRMS Service consultants will assist Sales in the needs assessment phase of the sales cycle. To engage HRMS Professional Services resources for pilot projects, please contact Brent Hammond. HRMS Services K-Pro Select for Workforce HRMS 9990020-PRO $187.50 Consulting Services Needs Assessment Application Analysis Operational Analysis Reporting Analysis Consulting Engagement Report Writing Services Workforce Migration Assessment Database Services Advanced Technical Training Industry Consulting - HRMS engagements utilizing Paul Belliveau use+A5 this number for his time. Technical Audit 9990001-CON 9990002-CON 9990003-CON 9990004-CON 9990005-CON 9990007-CON 9990008-CON 9990009-CON 9990010-CON 9990011-CON 9990012-CON http://158.228.14.2411statepricing/0801lWFHRMS.htm $187.50 $187.50 $187.50 $187.50 $268.75 $268.75 $268.75 $268.75 $268.75 $287.50 $268.75 9/112005 ~ o Il) ~ ~ U ::' fh'E U) 0 =>t.'l '" 1;; U5 U ::' fh'E (I) 0 =>0 '" 7il U5 u ~ fh C (I) 0 =>t.'l '" 1;; U5 ... U) => E ~ ~ ~ :):;~ ii: ."."O'E (J) '0 '; =>0:;; ~ - .,. '" c U) .2: '; =>u;:;; 'tl .l!!_ ~=~ => co '" COll: :> U) (J) :iE a:: J: Gl o ... o - .x: ... o 3: Gl ... III ~ it: o (J) .= ;t. 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"":00 <0 CD "IN V> V> zz 00 yy ~ "I 00 00 '" 0> 0> '" "'''' :; a '" n. ~ 01 C CIl ~ ~ '5 '" Ca) ::r: ~,g ~ ~.!!! --- ,".0: ~ oo~ 0 <:0 <Il~ 00 CI)<Il 0 ::;;.0 00 o::E l':: I~ '0 ,<I) 'C 015 a. @~ - <Ll ::J + ._ 11 ~~-g VJ o:><{ --- u:>~ ~ "'<t ~~ 'c N -g~ g :! _ m I- oci N <"! 00 V) ~ ~ a. t:: .<:: VI.-CONSENT AGENDA ITEM C.ll. 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 Meetin!! Dates in to City Clerk's Office Meetin!! 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) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) [8J 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: Motion to approve and authorize acceptance via Resolution of the two easements being granted by Palm Shores At Gables End Association, Inc., and Windward Master Association, Inc., for the purpose of constructing and maintaining underground utilities to serve a proposed congregate care facility. EXPLANATION: The utilities proposed to serve the Southwind Heights congregate care facility must cross the intervening parcel (labeled Easement Parcel on the attached map) owned by the Palm Shores at Gables End Association, Inc., and also by the Windward Master Association, Inc., in order to obtain service from the City's existing potable water and wastewater systems. The subject easement dedications will provide the necessary utility easements, while including the language the Associations require to defend against future annexation of their property. The standard annexation clauses were stricken from the water service agreements with the Windward property in a prior lawsuit between Windward and the City of Boynton Beach. The Southwind Heights water service agreement that was approved in 2004, however, does include the standard annexation clause, and is not impacted by the atypical easement language. PROGRAM IMPACT: The easements will allow the City of Boynton Beach to serve the Southwind Heights congregate care facility. FISCAL IMPACT: None rv ALTERNATIVEnmpt to serve the eongregate care racmly vb another, ~. ~-2-~ Y Department Hea<r5Signature UTILITIES Department Name City Manager's Signature ~ / Ffiancc / Homan Reoo....", S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Cc: Peter Mazzella (wi one copy of attached agreement) City Attorney File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 RESOLUTION NO. R05-/b''1 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING 5 TWO EASEMENTS FROM PALM SHORES AT GABLES 6 END ASSOCIATION, INC. AND WINDWARD MASTER 7 ASSOCIATION, INC., TO THE CITY OF BOYNTON 8 BEACH, FOR THE PURPOSE OF CONSTRUCTION 9 AND MAINTAINING UNDERGROUND UTILITIES TO 10 SERVE A PROPOSED CONGREGATE CARE 11 FACILITY; AND PROVIDING FOR AN EFFECTIVE 12 DATE. 13 14 WHEREAS, it is the desire of the City to accept from Palm Shores at Gables End 15 Association, Inc., and Windward Master Association, Inc., two Easements for the purpose of 16 constructing and maintaining underground utilities to serve a proposed congregate care 17 facility, more specifically described in Composite Exhibit "A" attached hereto; and 18 WHEREAS, these Easements will allow ingress and egress and constructing, 19 installing, operating, maintaining, repairing, altering and replacing potable water and sanitary 20 sewer improvements by the city of Boynton Beach to the Southwind Heights congregate care 21 facility; and 22 WHEREAS, the City Commission upon recommendation of staff, deems it in the best 23 interest of the health, safety, and welfare of the citizens and residents of the City and 24 appropriate to accept the Easements from Palm Shores at Gables End Association, Inc., and 25 Windward Master Association, Inc., to the City of Boynton Beach, Florida, a copy of which is 26 attached hereto and made a part hereof. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:\CA \RESO\Agreements\Utilities\Grant of Easements -Southwind Heights.doc II 1 being true and correct and are hereby made a specific part of this Resolution upon adoption 2 hereof. 3 Section 2. The City Commission of the City of Boynton Beach, Florida does 4 hereby accept the Easements from Palm Shores at Gables End Association, Inc., and 5 Windward Master Association, Inc., to the City of Boynton Beach, Florida, to serve the 6 Southwind Heights congregate care facility. 7 Section3. This Resolution shall become effective immediately upon passage. 8 PASSED AND ADOPTED this _ day of September, 2005. 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 Commissioner 26 27 ATTEST: 28 29 30 City Clerk 31 32 (Corporate Seal) 33 S:\CA \RESO\Agreements\Utilities\Grant of Easements -Southwind Heights.doc EASEMENT THIS INDENTURE made this _ day of ,A.D., by PALM SHORES AT GABLES END ASSOCIATION. INC.. (f/k/a PALM SHORES AT GABLES END HOMEOWNERS ASSOCIATION. INC.. and f/k/a WINDWARD PATIOS ASSOCIATION. INC.) and WINDWARD MASTER ASSOCIATION. INC. both corporations existing under the laws of Florida, and having their principal place of business at 8530 Leeward Passage Circle. Boynton Beach. FL 33436, first part, to the CITY OF BOYNTON BEACH, a poli":::.:al subdivision of the State of Florida, second pany. V/herever used herem, the terms, I'first part" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the contes so admits or reqUIres. WITNESSETH WHEREAS, the first party is the owner of the property situated in Palm Beach County, Florida and described as follows: PCN: Legal Description: See attached Exhibit "A." and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on over and across said Property, and, WHEREAS, the first party is willing to grant such easement; and WHEREAS, the first party was a party to litigation in Fifteenth Judicial Circuit in and for Palm Beach County, Florida under case number 95-2042 A W, Milton Geller and Florence Geller, as Husband and Wife, Plaintiffs, vs. City of Boynton Beach, Florida, et al., Defendants, in which an Order Voiding Prior Water Service Agreements and Establishing Terms of New Agreements was entered by the Court and recorded on February 24, 1999 at Official Records Book 10946 Page 1908 of the Public Records of Palm Beach County (hereinafter referred to as the "Order"). The Order contained a Stipulated Agreement for Water and Sewer Service which contained in relevant part in paragraph 8 as follows: "8. Nothing contained in this Final Order and Stipulated Water Service Agreement shall be construed to limit, prohibit or restrict the right or ability of the City of Boynton Beach to pursue or seek annexation of the real property described in paragraph 2 above through legislative action or act. In . additioll, rtbthing' herein shaH be cvnstrued to constitute a waiver of limit or any right of any of the Property Owners to oppose annexation by legislative action or act, of the real property." and (Emphasis added) WHEREAS, the property owners referenced in said order all executed Water Service Agreements with the City of Boynton Beach which deleted any reference to the ability of the City of Boynton Beach to annex, through the involuntary annexation process under Chapter 171, Florida Statutes any of the real property pursuant to the Agreement for Water Service outside of City Limits; and WHEREAS, it is the desire of the real property owners who continue to live in the property described in said Order to avoid being involuntarily annexed by the City of Boynton Beach; and WHEREAS, the granting of this easement to the City of Boynton Beach, by the first party, shall in no way affect the validity and enforcability of the Order, with respect to the real property owners ability to oppose any involuntary annexation process. NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement, on over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered In the presence of: FOR: PALM SHORES AT GABLES END ASSOCIATION, INC. ;:'flZkhlAMAc 19nature --- ~ e-/ /<.(1 WlIVlt? 1M 4. (\ Print Name r;l~J t2~ gnature (~ A-. Snif-A Print Name By:~M _ Milton Geller, President FOR: PALM SHORES AT GABLES END ASSOCIATION, INC. " ATTEST: '1',,, Myron S r ber, Se retary (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF GJa..~ J6e..czc/) I HEREBY CERTIFY that on this day, before, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Milton Geller. President and Myron Storber. Secretary well known to me to be the President and Secretary, respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this A..3 day of pu/? & A.D., 2005. ~~A--LZ ~ Notary Public in audfor the State and County aforesaid. My commission expires: ",\\~~J,(II" Barbara Singer /I;~~~ Commission #0019890 I =;. ~ ::~ Expires: May 10,2007 ~,,"~" . 'o~"'..,:: Bonded Thru ~I OFf\,.: \' "t" \ \ \ Atlantic Bonding Co., Inc. Signed, sealed and delivered In the presence of: FOR: WINDWARD MASTER ASSOCIATION, INC. 9:.~().~ -- 00nJ /J-, Sm,~fh BY:~~ Edward Phillips, President FOR: WINDWARD MASTER ASSOCIATION, INe. ~e L.J~o lVlt1\ o',fM CU'\ Print Name ArrES~'~ > ilton Geller, Secretary - (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF Pa!,n 8eacA I HEREBY CERTIFY that on this day, before, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Edward Phillips. President and Milton Geller. Secretary well known to me to be the President and Secretary, respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. of WITNESS my hand and official seal in the County and State last aforesaid this /.3 9u/Je. A.D., 2005. day Y6'aufz:<A'1Z ~ Notary Public Iii" and for the State and County aforesaid. My commission expires: ",~~~yt~"" Bar~~ra Singer :'~~~--\'~~ CommISSIOn #DD198901 ~;;. \fj:';~ Expires: May 10,2007 "';~OFf~O"~" Bonded Thru '1'1/"'" Atlantic Bonding Co., Inc. AUG-10-2005 WED 07:08 PM Shu~~s & Bowen LLP FAX NO. 4074258316 P. 04 SKETCH OF DESCRPTlON EXHBIT '~ I SHEET 1 OF 2 DESCRPTION: A 12 FOOT EASEMENT,BElNG A PORTION OF' TRACT ''8'' AND TRACT ~R-2: WNJWARD PALM BEACH PLA T THREE (P.UD.), ACCORDING TO THE PLA T TfEREOF, AS RECORDED tv PLA T BOOK 62, PAGES 158 AMJ 159, PLBLIC RECORDS OF PALM BEACH COUNTY, FLORlJA, THE CENTERLINE OF WHCH, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHWEST CORNER OF SAD TRACT '21"; THENCE N.Oo5r38'w', ALONG THE WEST LINE OF SAID TRACT "e: A DISTANCE OF 31.00 FEET TO THE POINT OF BEGIVNIVG; THENCE S.890Ja'02uE., A A DISTANCE OF 10.10 FEET; THENCE N.64008'38T., A DISTANCE OF 42.35 FEET; THENCE 5.7202f20"E., A DISTANCE OF 27.51 FEET TO A POINT ON THE EAST LIVE OF SAD TRACT uR-2" AND THE POINT OF TERMINUS OF SAD EASEMENT. THE SITE LINES OF SAD EASEMENT TO BE EXTENDED OR SHORTENED TO MEET ALL ANGLE POINTS AND TO TERMINA TE A T THE EAST LINE OF SAD TRACT "R-2': ORDER NO. 00-188EA(2) DA TE: JUNE 15, 2005 O'BRIEN, SUITER & O'BRIEN, INC CERTIFlCA TE OF AUTHORIZA TlON ILB353 SURVEYOR AND MAPPER IN RESpbNSIBLE CHARGE: PAUL D. ENGLE 2501 NORTH FEDERAL HIGHWA Y DELRA Y BEACH FLORIDA 3348.J (561) 275-4501 (551) 732-3279 AUG-10-2005 WED 07:08 PM ShuLts & Bowen LLP SKETCH OF DESCRIPTION EXHIBIT ':4 I SHEET 2 OF 2 ~ ~ ~~ Ui."" ~~ a(,j ~~ ~~ ~~ '-~~ !.I.J~ S<: LJ~ a ... ... ~ ~a ~a lC)...... atr) <: s. LNE OF N.W.V4 OF SEe. 13/45/42 S. ~ CORNER OF TRACT ''8'' & POINT OF COMMENCEMENT S. LINE OF TRACT "e" AND TRACT uR-2" L. ~D.D. LA TERAL CANAL NO. 21 NOTES: THIS IS NOT A SURVEY f = CENTERLINE SEC. 13/45/42 = SECTION 13, TOWNSHP 45 SOUTH, RANGE 42 EAST THE WEST LINE OF TRACT "810 IS ASSUMED TO BEAR N.Oo5r38"~ UE = UTILITY EASEMENT L.AE = LUTED A CCESS EASEMENT L.WDD. = LAKE WORTH DRAINAGE DISTRICT P.O.8. = POINT OF BEGNNING ORDER NO. OO-:-188EA(2) FAX NO. 4074258316 ::: C'\J I <..) "C 0:: I-- II I 1$ II P, 05 ~ ~ II ;... ~ -.I o V} / 1 I /:// [;fl &if ~ 1:;1 ~7 ~I f ~ PALL D. ENGLE SURVEYOR &- MAPPER #5708 DA TE: JUNE 15, 2005 O'BRIEN, SUITER &: O'BRIEN, lNe CERTlFlCA TE OF AUTHORIZA TlON ILB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWA Y DELRA Y BEACH FLORIDA 33483 (561) 276-4501 (561) 732-3279 EASEMENT THIS INDENTURE made this _ day of ,A.D., by PALM SHORES AT GABLES END ASSOCIATION. INC.. (flkla PALM SHORES AT GABLES END HOMEOWNERS ASSOCIATION. INC.. and flkla WINDWARD PATIOS ASSOCIATION. INC.) and WINDWARD MASTER ASSOCIATION. INe. both corporations existing under the laws of Florida, and having their principal place of business at 8530 Leeward Passage Circle. Boynton Beach. FL 33436, first part, to the CITY OF BOYNTON BEACH, a political subdivision of the State of Fiorida, :;ccond party. Wherever used herein, the telms;: "first part" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the contes so admits or requires. WITNESSETH WHEREAS, the first party is the owner of the property situated in Palm Beach County, Florida and described as follows: peN: Legal Description: See attached Exhibit "A." and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on over and across said Property, and, WHEREAS, the first party is willing to grant such easement; and WHEREAS, the first party was a party to litigation in Fifteenth Judicial Circuit in and for Palm Beach County, Florida under case number 95-2042 A W, Milton Geller and Florence Geller, as Husband and Wife, Plaintiffs, vs. City of Boynton Beach, Florida, et aI., Defendants, in which an Order Voiding Prior Water Service Agreements and Establishing Terms of New Agreements was entered by the Court and recorded on February 24, 1999 at Official Records Book 10946 Page 1908 of the Public Records of Palm Beach County (hereinafter referred to as the "Order"). The Order contained a Stipulated Agreement for Water and Sewer Service which contained in relevant part in paragraph 8 as follows: "8. Nothing contained in this Final Order and Stipulated Water Service Agreement shall be construed to limit, prohibit or restrict the right or ability of the City of Boynton Beach to pursue or seek annexation of the real property described in paragraph 2 above through legislative action or act. In ad<iltion, nothing -herein shu11 be construed to .;onstitutt a. waiver of limit or any right of any of the Property Owners to oppose annexation by legislative action or act, of the real property." and (Emphasis added) WHEREAS, the property owners referenced in said order all executed Water Service Agreements with the City of Boynton Beach which deleted any reference to the ability of the City of Boynton Beach to annex, through the involuntary annexation process under Chapter 171, Florida Statutes any of the real property pursuant to the Agreement for Water Service outside of City Limits; and WHEREAS, it is the desire of the real property owners who continue to live in the property described in said Order to avoid being involuntarily annexed by the City of Boynton Beach; and WHEREAS, the granting of this easement to the City of Boynton Beach, by the first party, shall in no way affect the validity and enforcability of the Order, with respect to the real property owners ability to oppose any involuntary annexation process. NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement, on over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered In the presence of: FOR: PALM SHORES AT GABLES END ASSOCIATION, INC. :r~ LJ< ('~rMOJ\ Print Name ~a. vJnaL gnature 0e:JW II. Sm,t-A Print Name BY:~& ~ . Milton Geller, President FOP: fALMSHORESATGABtESEND ASSOCIATION, INC. \ ATTEST::</V Myron St (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF c?c:zL/n L!kor ./J~ I HEREBY CERTIFY that on this day, before, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Milton Geller. President and Myron Storber. Secretary well known to me to be the President and Secretary, respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this /3 day of p-U/? V A.D., 2005. 0'<:U/~~ Notary Public in futd for e State and County aforesaid. My commission expires: "~~~Y~'" Bar~~a Singer {i!-~'~'~ CommiSSion #DD198901 ~;:. "fJ.~;~ Expires: May 1 0,2007 -"'~~o;'f\..O~~" Bonded.Thru 'II""" AtlantIC Bondmg Co., Inc. Signed, sealed and delivered In the presence of: FOR: WINDWARD MASTER ASSOCIATION, INC. #!()Jnm: JarAl If. Sm/~ BY;~~A_~e.~ Edward Phillips, President FOR: WINDWARD MASTER ASSOCIATION, INC. M ~~~f>~jW\ctV\.-, Print Name ATTES1)~ .~--/ Milton Geller, Secretary (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF ~.c/.n ..6'eacA I HEREBY CERTIFY that on this day, before, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Edward Phillips. President and Milton Geller. Secretary well known to me to be the President and Secretary, respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. of WITNESS my hand and official seal in the County and State last aforesaid this ,,(,:5J 9u/J& A.D., 2005. day ~~ Notary Public in ~d for e State and County aforesaid. My commission expires: ,,'~~W~&e.". Barbara Singer {~~.~~ Commission #00198901 ~;" \fJ.::~ Expires: May 10,2007 "/~"iOFf~O~'- Bonded Thru I"""", Atlantic BondingCo.,Inc. ~ C\f ~~ ~~ Uj~ L.-.~ au C\fbi ~ ~~ ~~ ~ ~~ :::J:<: LJ 25' SKETCH OF DESCRIPTION EXHIBIT ':4 II SHEET 1 OF 1 '"-""=" ~ Q?~ R: [tl~~1 f-~a~ UcaCOVl ~, f-I,.W f-,::lC)"'((5 ~~:'l: ~Q ~+o ~ A~/?O -, /' ~ &00 ~<~ f1- 6' &~ ! ~ 4C/y <O/, ~C~S r;q ~ ~ ...> <'- . U /') 6' v, ,>.u ) / ~!?) ~ ~ ~ /I '- LJ -...J (S V) rJ:t .I/( <.?V<: -1?, 6r--1/fo . 0,,<-- Va ~ )~ 11- 6'..;:> Atc?, 1c?, " 'A ~ 0>" AtQ<) '.?" s{): \:5>...... <5'0 <o/' ...>...> I~ ,,(j 6// tP// ~~ !,ufO ~f- -...Ju f-:'l: [J~ ~ ~--1 C /' ;f> '.?JJ ~~ ~5" .:! ~Q!- ~C;- <y't'J!:'f I /&" /,~ I~ I~~ I~ I~~ I~ ~v ~Q, PAUL D. ENGLE SURVEYOR & MA 'PER #5708 DA TE: JUNE 15, 2005 O'BRIEN, SUITER & O'BRIEN, INC CERTlFlCA TE OF AUTHORIZA TlON #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWA Y DELRA Y BEACH FLORIDA 33483 (561) 276-4501 (561) 732-3279 NOTES- THIS IS NOT A SURVEY SEe. 13/45/42 = SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST u.E. = UTILITY EASEMENT L.AE = LIMITED ACCESS EASEMENT f = CENTERLINE DESCRIPTION A 30 FOOT EASEMENT BEING THE SOUTH 30 FEET OF THE NORTH 52 FEET OF TRACT ''8'' AND TRACT ''R-2'; WINDWARD PALM BEACH PLA T THREE (A P.U.D.), AS RECORDED IN PLA T BOOK 62, PAGES 158 AND 159, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ORDER NO. 00-188EA(3) SH~TTS BO EN LLP OO~@~OWrg@ ~ J~N 2 9 ~ BO~~BEAC~ES ATIORNEYS AND COUNSELLORS AT LAW CHARLES B. COSTAR, III (407) 849-7260 Direct Facsimile E-MAIL ADDRESS: ccostar@shutts-law.com June 28, 2005 VIA OVERNIGHT MAIL Pete Mazzella Deputy Director of Uti Ii ties City of Boynton Beach, Florida Utilities Department 124 East W oolbright Road Boynton Beach, FL 33435 Re: Palm Shores at Gables End Association, Inc. and Windward Master Association, Inc./Utility Easement Dear Mr. Mazzella: I represent Boynton Beach Retirement Residence LLC, the owner of the property along Military Trail adjacent to and north of Lake Worth Drainage District lateral canal-21 on which a congregate care facility will be constructed. I am forwarding to you at the request of Carl Cascio, Esquire, attorney for Palm Shores at Gables End Homeowners Association, Inc. and Windward Master Association, Inc., original versions of two (2) easement agreements ("Easements") executed by Palm Shores at Gables End Association, Inc. and Windward Master Association, Inc., in favor of the City of Boynton Beach, Florida. The first Easement is for the southernmost 12 inch utility easement within Tract "D" and Tract "R-2", Windward Palm Beach Plat Three (P.U.D.), according to the plat thereof, as recorded in Plat Book 62, Pages 158 and 159, Public Records of Palm Beach, County, Florida. The second Easement is for the northernmost easement on Tract "B" and Tract "R-2", Windward Palm Beach Plat Three (P.U.D.), as recorded in Plat Book 62, Pages 158 and 159, Public Records of Palm Beach County, Florida. Given the language added to the form Easement, which I understand has been approved by the City's attorney, Palm Shores at Gables End Association, Inc. and Windward Master Association, Inc. are requesting the City of Boynton Beach to execute the Easements. Please add as an additional page following the last page of the signature block for Windward Master Association, Inc., and before Exhibit "A" on each document a page with an appropriate signature block for an authorized representative of the City of Boynton Beach, Florida. Please have an authorized representative sign said signature page. Thereafter, please return the original fully 300 SOUTH ORANGE AVENUE. SUITE 1000 . P.O. BOX 4956 . ORLANDO. FLORIDA 32802-4956 . TELEPHONE, (407) 423-3200 . FAX, (407) 425-8316' WEBSITE, www.shutts-Iaw.com MIAMI FORT LAUDERDALE WEST PAl.M BEACH ORLANDO TALLAHASSFE AMSTERDAM LONDON Mr. Pete Mazzella June 28,2005 Page 2 executed Easements to me. I will record them in the Public Records of Palm Beach County, Florida. I 100k forward to receiving the fully executed originals from you soon. CBC/cej cc: Carl Cascio, Esquire (w/out enc1s.) Robin Boyd (w/out enc1s.) Melissa LeClerc (w/out enc1s.) ORLDOCS 103300561 EASEMENT THIS INDENTURE made this _ day of ,A.D., by PALM SHORES AT GABLES END ASSOCIATION. INC.. (f/k/a PALM SHORES AT GABLES END HOMEOWNERS ASSOCIATION. INC.. and f/k/a WINDWARD PATIOS ASSOCIATION. INe.) and WINDWARD MASTER ASSOCIATION. INe. both corporations existing under the laws of Florida, and having their principal place of business at 8530 Leeward Passage Circle. Boynton Beach. FL 33436, first part, to the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, second party. Wherever used herein, the terms, "first part" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the contes so admits or reqUIres. WITNESSETH WHEREAS, the first party is the owner of the property situated in Palm Beach County, .Florida and described as follows: PCN: Legal Description: See attached Exhibit "A." and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on over and across said Property, and, WHEREAS, the first party is willing to grant such easement; and WHEREAS, the first party was a party to litigation in Fifteenth Judicial Circuit in and for Palm Beach County, Florida under case number 95-2042 A W, Milton Geller and Florence Geller, as Husband and Wife, Plaintiffs, vs. City of Boynton Beach, Florida, et aI., Defendants, in which an Order Voiding Prior Water Service Agreements and Establishing Terms of New Agreements was entered by the Court and recorded on February 24, 1999 at Official Records Book 10946 Page 1908 of the Public Records of Palm Beach County (hereinafter referred to as the "Order"). The Order contained a Stipulated Agreement for Water and Sewer Service which contained in relevant part in paragraph 8 as follows: "8. Nothing contained in this Final Order and Stipulated Water Service Agreement shall be construed to limit, prohibit or restrict the right or ability of the City of Boynton Beach to pursue or seek annexation of the real property described in paragraph 2 above through legislative action or act. In addition, nothing herein shall be construed to constitute a waiver of limit or any right of any of the Property Owners to oppose annexation by legislative action or act, of the real property." and (Emphasis added) WHEREAS, the property owners referenced in said order all executed Water Service Agreements with the City of Boynton Beach which deleted any reference to the ability of the City of Boynton Beach to annex, through the involuntary annexation process under Chapter 171, Florida Statutes any ofthe real property pursuant to the Agreement for Water Service outside of City Limits; and WHEREAS, it is the desire of the real property owners who continue to live in the property described in said Order to avoid being involuntarily annexed by the City of Boynton Beach; and WHEREAS, the granting of this easement to the City of Boynton Beach, by the first party, shall in no way affect the validity and enforcability of the Order, with respect to the real property owners ability to oppose any involuntary annexation process. NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement, on over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered In the presence of: FOR: PALM SHORES AT GABLES END ASSOCIATION, INC. (1~~wm~ ~nature ~ e-/ /<n. Wl tV\P rWl a (\ Print Name 9:::::!fl~ (~ Ih&nif-A Print Name --- BY:~~ _ Milton Geller, President FOR: PALM SHORES AT GABLES END ASSOCIATION, INC. ATTEST: 1\:1 ~ Myron S r ber, Se retary (CORPORATE SEAL) ST A IE OF FLORIDA COUNTY OF ~CO? JC3eac/) I HEREBY CERTIFY that on this day, before, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Milton Geller. President and Myron Storber. Secretary well known to me to be the President and Secretary, respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this A.3 day of pu/? b A.D., 2005. ~~.#"A'2 ~ Notary Public in andfor the State and County aforesaid. My commission expires: "~~~'~~/" Bar~~ra Singer ~:~~~.~). Com.mls~lon #DD]98901 ~~. ~.;;r~ ExpIres. May 10,2007 "';~Offi.O"~'" Bonded Thru '11,""" Atlantic Bonding Co., Inc. SKETCH OF DESCRIPTION EXHIBIT ':4' SHEET 2 OF 2 ~ a C\j C\j " ~~ I "- 3::~ -1&- Vi':\.. Gj L...~ -...J au AA ~ / ... U) ~~ ... C'\J I 3::~ / ~I t..v Y..."t- ~' '1;' SKETCH OF DESCRIPTION EXHIBIT ':4' SHEET 1 OF 2 DESCRIPTION: A 12 FOOT EASEMENT. BEING A PORTION OF TRACT ''8'' AND TRACT ''R-2'; WINDWARD PALM BEACH PLA T THREE (P.U.D.), ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 62, PAGES 158 AND 159, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF WHICH, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHWEST CORNER OF SAID TRACT ''8';. THENCE Noo51'38''W., ALONG THE WEST LINE OF SAID TRACT ''8'; A DISTANCE OF 3lO0 FEET TO THE POINT OF BEGINNING; THENCE 5.89038'02't., A A DISTANCE OF 10.40 FEET.' THENCE N64008'38't., A DISTANCE OF 42.35 FEET.' THENCE S.72021'20't., A DISTANCE OF 27.51 FEET TO A POINT ON THE EAST LINE OF SAID TRACT ''R-2'' AND THE POINT OF TERM/NUS OF SAID EASEMENT. THE SITE LINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO MEET ALL ANGLE POINTS AND TO TERMINA TE A T THE EAST LINE OF SAID TRACT ''R-2': ORDER NO. 00-188EA(2) DA TE: JUNE 15, 2005 O'BRIEN, SUITER &- O'BRIEN, INC CERT/F1CA TE OF AUTHORIZA T/ON #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWA Y DELRA Y BEACH FLORIDA 33483 (561) 276-4501 (561) 732-3279 SKETCH OF DESCRIPTION EXHIBIT '1\' SHEET 2 OF 2 ~ a C\j C\j "t-"t- II 'S-~ '- ~"t- Vi-:\. LJ ~~ -..J au AA (5 / ~~ :: U) C\J ~~ /1['" ~"t- I .::)' ~: 'S- Q:: ~ ~--..j /}/ ~~ ::::J<: · ~ / 3 LJ4-. of '1:\ ~ ~~ C) :\ ~ut~s~~O~~~~S/i !~ ~ ~I " , I · I AA I ll.<.i I ,~' "( Q:: ~ ~" t " 1!3 Of ~I " $~ ~\J~~St.~€ ~2;:S!J ~~ Ct.~\ '< t. / S ./2~J' II ~ \..ll\\': )S' "t.. f-- is t/1. a')5 ( , / A oOu '-..J ~.6 ~ Q:: f-- SKETCH OF DESCRIPTION EXHIBIT ':4 1 SHEET 2 OF 2 <'\J ~~ s:~ Vi\-. ~~ au ~~ ~~ ~'* 'S- ~s: :::J<: LJ~ C) " " s: ~a '-.C) Y)....: o I'<) C) <: s. LINE OF N. w'1/ 4 OF SEC. 13/45/42 s. W, CORNER OF TRACT ''[]'' & POINT OF COMMENCEMENT S. LINE OF TRACT ''[]'' AND TRACT ''R-2'' L. W:D.D. LA TERAL CANAL NO. 21 NOTES: THIS IS NO T A SURVEY f = CENTERLINE SEC. 13/45/42 = SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST THE WEST LINE OF TRACT ''[]'' IS ASSUMED TO BEAR N.oo51'38"W. u.E. = UTILITY EASEMENT L.AE = LIMITED ACCESS EASEMENT L. w'DD. = LAKE WORTH DRAINAGE DISTRICT P.0.8. = POINT OF BEGINNING ORDER NO. 00-188EA(2) ::: ~ a <'\J II '-- Gj -J 0 I V) ~/ ~I &if ~ /:JI tl ~I & C:J.; C'\J II I /.$ I I ~ PAUL D. ENGLE SURVEYOR & MAPPER #5708 DA TE: JUNE 15, 2005 O'BRIEN, SUITER &: O'BRIEN, INC CERTlFlCA TE OF AUTHORIZA TlON #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWA Y DELRA Y BEACH FLORIDA 33483 (561) 276-4501 (561) 732-3279 m Q) C/) CD 3 CD ::J r-+ '1J Q) ..., o CD - 0' ..., (J) o C r-+ :T :E -. ::J a. :z: CD -. (Q :T r-+ C/) :i" II W co co N it ~ . ..' '" UJ o c ,... ~ ~. ::J Q. :J: CD -. (Q r o o Q) r-+ -. o ::J s: Q) ""0 i' i;::..r-n'-:-"r'rT)::T,l~,i~:-;~T.;r;i-;i:T'J i'~:c .".-..-"'~ ' 'i, ., <, ", >, <, ,., "' <, ~, " .! " _, .. :: ~;: .' .., ~ " ''-0, \'\ "\ -\ "\ - ///;' \ . "J ---,C ",/'1" '. . , , i',~ _ .:. ~:~_ ,~,~.,' '. ......,.n . .;- /'-~;-', ,I, --~.~J,' /\~;~.~" ! ~ ~. j f " / ~~ 0, .' : /~~~;!i. 1'1') : "'_"..,~,,/- '. / '; ~I~' ~W-;:.:-:. ;; ri .".-- -:;:." ~\ ~ .~, ~ . !' ~'.{U, \ :" ,"'",' ~,' , -"n, """, ., .,', '" ". ~', . ,'" " , _ " ',' ':lP.",';:2, ", ',' ,., .~. ': · ...... .' '. E' '.;:/" ".':. -1----;-- \ / > /', r" ; I ;;. f -E ,~ ~i---- ._~- .f~'- "'---, "/Jl , , ; , , , ~i ~ I ~ ~__.~._ ..~J_-;..L.__l__ '- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORL"I VI.-CONSENT AGENDA ITEM 0.1 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D August 2, 2005 D August 16, 2005 D September 6, 2005 lZl September 20, 2005 July 18,2005 (Noon.) D October 5, 2005 D October 18, 2005 D November I, 2005 D November 15, 2005 September 19, 2005 (Noon) August 1,2005 (Noon) October 3, 2005 (Noon) August 15,2005 (Noon) October 17, 2005 (Noon) September 6, 2005 (Noon) October 31, 2005 (NoonL: ,1 Administrative {' -, 4- - D Development Plans D New Business D Legal r:::; D Unfinished Business D Presentation ('. j --; NATURE OF AGENDA ITEM D lZl D D D Announcement D Consent Agenda Public Hearing Bids -.:.:! ,,,.,.;'Tl f~"l~" tOil) ::c City Manager's Report RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on August 23, 2005., with the elimination of condition of approval #32 and #40 regarding size and location of the live/work units.. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-155. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Cortina @ Boynton Village (NWSP 05-001) Steve Liller, Hovstone Properties Florida, LLC The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc. NE Corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct 458 fee-simple townhouse units in the (SMU) Suburban Mixed-Use zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A 2~ City Manager's Signature A8- -t "'- b.L ,., Planning and Zoning Direqf6r City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Boynton Village-Boynton Town Center I \Boynton Village Cortina NWSP 05-001 \Agenda Item Request Cortina @ Boynton Village NWSP 05-001 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-155 STAFF REPORT TO: Chair and Members Planning and Development Board and Mayor and City Commission FROM: Eric Lee Johnson, AICP Planner t THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 18, 2005 PROJECT NAME / NUMBER: Cortina at Boynton Village / NWSP 05-001 REQUEST: New site plan approval to construct 458 fee-simple townhouse units on a a 30.29-acre parcel in the SMU Suburban Mixed-Use zoning district. PROJECT DESCRIPTION Property Owner: The Klatt Family Partnership & Klatt Enterprises, Inc. Applicant: Hovstone Properties Florida, LLC AND 1950 Congress Avenue, LLC Agent: Mr. Steve Liller with Hovstone Properties Florida, LLC Location: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") Existing Land Use: Mixed Use Suburban (MX-S) Existing Zoning: Suburban Mixed Use (SMU) Proposed Use: 458 townhouse units Acreage: 30.29-acre portion of the 106.5-acre parcel Adjacent Uses: North: Right-of-way for the SFWMD C-16 Canal, then farther north is developed property with town homes from Phase I of the Renaissance Commons Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU); South: Right-of-way for Old Boynton Road, then farther south is developed Staff Report - Cortina at Boynton Village NWSP 05-001) Memorandum No PZ 05-155 Page 2 commercial property (Oakwood Shopping Center), with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); East: Right-of-way of the LWDD E-4 Canal, then farther east is developed single family residential (Sky Lake) with an Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-l-AA); and West: Immediately west is right-of-way for the proposed main north/south road within the Boynton Village and Town Center Master Plan. Northwest is undeveloped property proposed for condominium use within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU). Southwest is undeveloped property proposed for commercial use within the Boynton Village and Town Center Master Plan with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Boynton Beach Mall). Site Characteristic: The subject site is the location of pastureland commonly referred to as the Winchester Property, named after one or more of its owners. On February 15, 2005, the City Commission approved the applicant's request for a land use reclassification and rezoning (LUAR 04-006) of 81.814 acres of property from Single-family Residential (R-l-AA) to Suburban Mixed-Use (SMU) and also approximately 25 acres at the southwest corner of the parcel (LUAR 04-007) from Single-family Residential (R-l-AA) to Community Commercial (C-3). The SMU Master Plan shows that the subject property is comprised of two (2) irregularly-shaped parcels, carved out of the original 106.5 acre parcel. This 30.29- acre portion is located east of Congress Avenue and generally extends along the eastern one-third of the greater Winchester property. It is bounded by the LWDD C-16 Canal to the north, the LWDD E-4 Canal to the east, and Old Boynton Road to the south. The survey submitted for this packet was a boundary survey, which does not show the existing conditions. The SMU Master Plan depicts these parcels as SMU Parcell (1.279 acres) and SMU Parcel 2 Phase II (29.02 acres). BACKGROUND Proposal: Mr. Steve Liller with Hovstone Properties Florida, LLC, is requesting new site plan approval to construct a large townhouse development within the 81.84-acre mixed- use project. The project would consist of 458 fee-Simple townhouse units. All units would have three (3) bedrooms. Out of the 458 units, the developer is requesting that 127 of the units be designated as live / work units. The Building Key & Open Space Plan (sheet A1.0) shows the location of the units would be primarily along the Spine Road, north property line, and along the park. Townhouses and live / work units are permitted uses in the SMU zoning district. Staff Report - Cortina at Boynton Village NWSP 05-001) Memorandum No PZ 05-155 Page 3 Concurrency: ANALYSIS Traffic: Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. Additionally, the City has petitioned the County for a CRALLS (Constrained Roadway At Lower Level of Service) designation for Old Boynton Road, Congress Avenue and the respective intersections. Palm Beach County has transmitted the Comprehensive Plan Amendment associated with the CRALLS designation to the Department of Community Affairs for review and comment prior to adoption. Formal adoption of the CRALLS would remove the requirement for certain roadway improvements, including the necessity to improve the entire segment of Old Boynton Road between Congress Avenue and Boynton Beach Boulevard to a five (5) lane section. However, even if the CRALLS is adopted by Palm Beach County, the following roadway improvements would still be required for the project: 1) Intersection improvements at Congress Avenue and Old Boynton Road, Congress Avenue and Gateway Boulevard, and Boynton Beach Boulevard and Old Boynton Road; 2) Improvement of Gateway Boulevard to six (6) lanes from Congress Avenue to High Ridge Road; 3) Improvement of Old Boynton Road to five (5) lanes from Congress Avenue to the Spine Road (the main north/south roadway within the proposed Master Plan, connecting Old Boynton Road to Gateway Boulevard), transitioning to three (3) lanes west of the E-4 Canal bridge, and continuing a three (3) lane section east to Boynton Beach Boulevard. This would also include the construction of a new three (3) lane bridge over the LWDD E-4 Canal; and 4) various access point improvements to entrances/exits to the 106.S-acre parcel (see "Exhibit C"- Conditions of Approval). Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water needs for this project. 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 (see Exhibit "c" - Conditions of Approval). Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police! Fire: The Police Department reviewed the subject request relative to the Master Plan as a whole and how it would impact their level of service. The Department reports, "With the projected growth for this area, additional officers for this zone will be needed to handle the increase of calls for service. 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 and projected traffic." Staff Report - Cortina at Boynton Village NWSP 05-001) Memorandum No PZ 05-155 Page 4 The Fire Department expects to be able to maintain an adequate level of service for the subject project with current or anticipated staffing. Infrastructure requirements such as hydrants and roadway would be addressed during plan reviews and the permitting process. It must be noted however, that this project is located in an area that has experienced significant growth this past year. Fire supports the project with the understanding that Fire Station No.5 would be available when the buildings receive their certificates of occupancy. 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. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "c" - Conditions of Approval). School: The School District of Palm Beach County has approved the project for school concurrency. Driveways: The site plan proposes two (2) points of ingress / egress. A third point (egress only), is proposed at the north end of the subject property. All driveway openings are proposed along the Spine Road, which is intended to link Old Boynton Road with Gateway Boulevard. The southernmost driveway would be located approximately 60 feet from the north end of the proposed park. When scaled, the opening would be over 55 feet at its widest point and 25 feet at its narrowest point. The egress lane would allow for straight-left-right turn traffic movements onto the spine road. The second point of ingress / egress is proposed just south of SMU Parcel 3. This driveway opening would be similar to the southernmost opening in terms of dimensions and function. A point of egress only, is proposed north of the SMU Parcel 3. This opening would allow for right-turn (north) traffic movement onto the spine road. It is narrow and curved (to the north) to only allow for egress. This characteristic is one of the main reasons why staff is recommending against live / work units for these townhouse buildings proposed at the northeast corner of the subject property (see Exhibit "c" - Conditions of Approval). Throughout the entire project, the internal circulation system would consist of two (2) travel lanes, each 11 feet in width for a total of 22 feet of pavement. These private rights-of- way would be maintained by the property owner or property owners' association. The Section "A" drawing (of the internal roadways) illustrate that the roadway would be 22 feet in width and that each side would have a 21-foot long driveway. The Section "c" drawing (of the internal roadways) illustrates the dimensions of the right-of-way where parallel on-street parking spaces are proposed. The Section shows the parallel spaces would be nine and one-half (9- V2) feet in width, followed by a five (5)-foot wide sidewalk. Parking FaCility: The project proposes 458 townhouse units with two (2) recreation areas. As previously mentioned, all units would have three (3) bedrooms. Three (3) bedroom units require two (2) parking spaces each and the recreation areas require five (5) parking spaces each. Therefore, a total of 926 parking spaces would be required. Staff Report - Cortina at Boynton Village NWSP 05-001) Memorandum No PZ 05-155 Page 5 Landscaping: The site plan provides for 998 parking spaces, or in excess of 72 spaces. The project proposes parking in the following scenarios: Garage spaces (852 spaces), driveway spaces (64 spaces), off-street parking spaces (12 spaces), on-street parking spaces (70 spaces). The City encourages that one (1) parking space per two (2) live / work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within 300 feet of the live / work units. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use (Chapter 2, Section 6.H.5.c.(4). The site plan meets the intent of the code with respect to customer parking for the live / work units. The Typical Parking Space Detail (as shown on sheet 10 of 10) indicates parallel parking spaces would be dimensioned nine and one-half (9- V2) feet in width by 25 feet in length. The 90-degree parking spaces would be dimensioned nine and one- half (9- V2) feet in width by 16 feet - six (6) inches in length with two (2) feet of vehicular overhang. The handicap spaces would be 12 feet in width with five (5) feet of striping by 16 feet - six (6) inches in length with seven (7) feet of vehicular overhang. The master site data plan indicates that 10.59 acres (26.7%) of the subject property would be pervious surface. Much of this pervious surface would be in the form of the 25-foot wide greenway proposed along the north property line and the 40-foot wide greenway proposed along the east property line. The tree survey (sheet 2 of 2) indicates the site currently contains 5,449 caliper inches of native trees and 80 caliper inches of non-native trees. The list of existing trees indicates the site contains a majority of Cabbage palm trees with a few Strangler Fig, Brazilian pepper, and citrus trees. A note on the survey indicates that the status of the native trees remains to be determined until the health and quality can be evaluated. Native trees would either be removed and mitigated for, or relocated elsewhere on-site. The Overall plant list indicates that 87% of the 241 canopy trees would be native, 53% of the 408 palm trees would be native, and 52% of the 7,716 shrubs / groundcover would be native. The plant list includes the following species: Gumbo Limbo, Seagrape, Royal Poinciana, Live Oak, High Rise Live Oak, Coconut palm, Alexander palm, Medjool Date palm, Florida Royal palm, Cabbage palm, and Teddy Bear palm. As described above, the project proposes a "greenway" along the north and east property line. Proposed within its design, an eight (8)-foot wide multi-purpose, meandering trail with benches, would eventually link up to Renaissance Commons and Quantum Park (see Exhibit "C" - Conditions of Approval). The site plan shows that the landscape buffers would contain Live Oak, Royal Poinciana, and Coconut palm trees. Despite being under private ownership, both greenway segments would be set aside for perpetual use by the public with the inclusion of the multi- use path and benches. The plant material proposed within this buffer would be consistent with the Greenways Elevation. The path would also link to the five (5)- acre park, proposed along the south property line. Staff Report - Cortina at Boynton Village NWSP 05-001) Memorandum No PZ 05-155 Page 6 The SMU zoning district requires a 25-foot wide perimeter landscape buffer around the entire project. The south landscape buffer, adjacent to the park, is depicted to be only 13 feet - four (4) inches wide. However, the developers of the five (5) projects are dedicating approximately five (5) acres of the entire Master Plan for park use; therefore, the plans meet the intent of the code. The landscape plan shows that 10 Silver Buttonwood trees are proposed within this buffer. It should be noted that the Typical Unit Landscape Plan includes plant material (installed around each building) that is not shown within said buffers. The landscape buffer adjacent to the Spine Road would be approximately nine (9) feet in width. It does not show any landscape material proposed within this area. A note on the landscape plan indicates that "Spine Road Landscape by Others" would provide for trees proposed along the Spine Road. The landscape plan (sheet 7 of 9) proposes five (5) typical unit landscape plans, of which, three (3) apply to alley or "rear" loaded units. A majority of the townhouse units proposed along the Spine Road would be the rear-loaded model. The 4-Unit, 5-Unit, and 6-Unit Detail shows that the landscape material proposed at the front of each rear-loaded unit (along the spine road) would consist of Alexander palm, Brazilian Beauty Leaf, Cabbage palm, and Pink Tabebuia. The townhouse models proposed north of the park would be front-loaded units. The 4-Unit and 6-Unit Details illustrates the plant material proposed adjacent to the park, which would include Gumbo Limbo and Brazilian Beauty Leaf trees into the design. Building and Site: The project proposes a mix of buildings with a minimum of four (4) units to a maximum of six (6) units per building. The site plan shows that 90 townhouse buildings are proposed on the 30.29-acre portion at a density of 15.12 dwelling units per acre. The Suburban Mixed Use (MX-S) land use classification allows up to 20 dwelling units per acre. Cortina at Boynton Village is just one (1) component of the Boynton Village Master Plan. The entire Master Plan is proposed at a project density of 13.69 dwelling units per acre. The Master Site Data Plan indicates that the recreation areas would account for 2.1 acres of the subject site. The SMU zoning district requires 30% usable open space for townhouse uses, or in this case, 11.602 acres of usable open space. The Usable Open Space plan (sheet MOS) indicates the plan would provide for a total of 13.304 acres of usable open space. It should be noted that the pervious surface around the 8.3-acre lake is included in the usable open space tabulations. This acreage amount is accurate and sufficient because the impervious surface area of the lake was used to determine the total required usable open space but only the pervious surface around the banks of the lake were counted towards usable open space. The Master Plan would provide a total of 23.8 acres of usable open space. The project proposes four (4) different types of floor plans, namely Units "A", "B", "C", and "0". All model types have (3) bedrooms for each unit. The Building Key & Open Space Plan (sheet A1.0) indicates that the project proposes a total of 134 "A" models, 198 "B" models, 80 "C" models, and 46 "0" models. These buildings would be either front or rear-loaded. Unit sizes proposed are as follows: Unit "A" models would be 1,943 square feet under air; Unit "B" models would be 1,887 square feet under air; Unit "c" models would be 1,973 square feet under air; Staff Report - Cortina at Boynton Village NWSP 05-001) Memorandum No PZ 05-155 Page 7 Lastly, Unit "0" models, would be 2,898 square feet under air. The project also proposes that 127 units or 27.7% of the total units would be designated as "live / work" units. The SMU zoning district limits the work space of the live / work unit to no more than 30% or 400 square feet, whichever is greater. The floor plan of the live / work unit (sheet A-4.8) shows that the work area of each unit would comprise no more than 17% of the total living area. However, the Unit "0" model proposes a work space of 449 square feet. Although the work area is 15.49% of the unit, at the time of permitting, it shall be reduced to no more than 400 square feet in order to comply with code (see Exhibit "c" - Conditions of Approval). As previously mentioned, the Building Key & Open Space Plan (sheet A1.0) illustrates that the live / work units would be primarily located along the spine road, along the north property line, and along the five (5)-acre park. However, staff opposes placement of such units along the north property line (of Parcel 2) where direct access is not provided from the spine road. This is problematic since customers would have to travel through residential-only areas of the townhouse community in order to access these live / work units. Likewise, since these units are more commercial in nature, it is staff's intent to preserve the residential integrity of the community and therefore, staff recommends eliminating them from the plans in this particular location (see Exhibit "c" - Conditions of Approval). Regardless of the location of the live / work units, the buildings shall provide universal accessibility to the front and to the interior space of the non- residential area of the live-work unit from the public sidewalk adjacent to the street (Chapter 2, Section 6.H.5.c.(1).(c).). At the time of permitting, the developer will be required to update the plan to indicate available parking and the distance from the live / work unit to verify compliance with code. It should be noted that the applicant provided preliminary drawings showing compliance. However, these drawings were not included within this packet but can be considered during the permitting process. The drawings also include additional sidewalks between the live / work buildings proposed along the spine road. The maximum building height in the SMU zoning district for townhouses is 45 feet. The project proposes two (2) types of buildings, namely front-loaded and rear- loaded buildings, both of which would be 36 feet - four (4) inches in height (at mid-point of the roof) and 42 feet - four (4) inches at the peak of the roof. All buildings would be three (3) stories tall and comply with code. The site details (sheet A-1.6) shows the detail of the is-foot tall gazebos that are proposed throughout the development. These are the same types of gazebos and pocket parks that were proposed throughout the townhouse community of Renaissance Commons. The two (2) recreation areas would have an 875-square foot clubhouse building and swimming pool. The clubhouse elevations show that the one (i)-story structure would be 19 feet - seven (7) inches at the peak of the roof. Design: The Boynton Village Master Plan is essentially divided in half by the proposed spine road. For this particular project, a vast majority of the townhouse buildings are proposed east of the spine road. The project is enhanced with easily accessible Staff Report - Cortina at Boynton Village NWSP 05-001) Memorandum No PZ 05-155 Page 8 spaces (i.e. greenways to be available in perpetuity to the public). Internal private spaces in the form of small parks are sprinkled throughout the development while a large five (5)-acre public park is proposed on the southern portion, east of the spine road and adjacent to Old Boynton Road. The townhouse buildings are proposed in a Spanish-Mediterranean architectural style. The building facades are enhanced with balconies, trim, banding, columns, shutters, medallions, decorative garage doors, and Spanish S-tile roof. The buildings would come in a variety of colors schemes, all of which would use Benjamin Moore paints. The six (6) schemes are as follows: Elev A Body 1 (Lower) Restrained Gold - SW 6129 Scheme 1 Body 2 (Upper) Ivoire - SW 6127 Trim Creamy - SW 7012 Doors Toile Red - SW 0006 Shutters, Medallions, Railings Oak Moss - SW 6180 Garage Doors Ivoire - SW 6127 Elev B Body 1 (Lower) Humble Gold - SW 6380 Scheme 2 Body 2 (Upper) Jersey Cream - SW 6379 Trim Crisp Linen - SW 6378 Doors Sheraton Sage - SW 0014 Shutters, Medallions, Railings Red Cent - SW 6341 Garage Doors Jersey Cream - SW 6379 Elev A Body 1 (Lower) Caen Stone - SW 0028 Scheme 3 Body 2 (Upper) White Hyancinth - SW 0046 Trim Alabaster - SW 7008 Doors Tuscan Black - SW 6258 Shutters, Medallions, Railings Toile Red - SW 0006 Garage Doors White Hyancinth - SW 0046 Elev B Body 1 (Lower) Restrained Gold - SW 6129 Scheme 1 Body 2 (Upper) Ivoire - SW 6127 Trim Creamy - SW 7012 Doors Toile Red - SW 0006 Shutters, Medallions, Railings Oak Moss - SW 6180 Garaae Doors Ivoire - SW 6127 Elev B Body 1 (Lower) Humble Gold - SW 6380 Scheme 2 Body 2 (Upper) Jersey Cream - SW 6379 Trim Crisp Linen - SW 6378 Doors Sheraton Sage - SW 0014 Shutters, Medallions, Railings Red Cent - SW 6341 Garage Doors Jersey Cream - SW 6370 Elev B Body 1 (Lower) Caen Stone - SW 0028 Scheme 6 Body 2 (Upper) White Hyancinth - SW 0046 Trim Alabaster - SW 7008 Doors Tuscan Black - SW 6258 Shutters, Medallions, Railings Toile Red - SW 0006 Garage Doors White Hyancinth - SW 0046 Staff Report - Cortina at Boynton Village NWSP 05-001 ) Memorandum No PZ 05-155 Page 9 Regarding the townhouse buildings proposed along the spine road; staff originally recommended that these buildings be oriented as such so that the front doors (of each unit) "face" the spine road, in order to maintain a consistent development pattern and design theme along the roadway. Staff is opposed to live / work models located at the northeast corner of the parcel where there is a lack of direct access from the spine road. Alternatively, staff felt that it was more logical for all the townhouse buildings proposed along the spine road, to be the "rear-loaded" models (so that the front doors face the spine road) and be of the live / work variety. This recommendation (for the buildings to "face" the spine road) is applicable to those units proposed south of the lake, currently designed with their building sides oriented towards the spine road. However, the developer is opposed to staff's recommendations and maintains the plans as proposed, due to their desire to prevent the units from facing the back of the commercial buildings and additionally, to open up some east views to the lake. As a compromise, staff recommends that the applicant enhance the west fa~ades of the townhouse buildings (proposed along the spine road with their sides facing the spine road) with shutters, plaster banding, and / or archways (see Exhibit "c" - Conditions of Approval). The detail of the outdoor freestanding lighting fixture (sheet EP-l and sheet A-1.6) shows that the height of the poles would vary between 12 feet and 18 feet tall, depending where the location where each is proposed. The poles and decorative lamp would be painted black. Signage: The project is proposing three (3) monument-style residential subdivision entrance signs, which would be permitted under Chapter 21, Article IV, Section 1.D. All monument signs are proposed west of the spine road at the project's main entrances. The elevation drawing (sheet A1.6) shows the dimensions of the wall in which the sign would be affixed. The wall and sign would have to comply with the above- reference code. Staff recommends the applicant submit an overall master sign program that shows the number, location, dimensions, exterior finish, and color(s) of all freestanding monument and directional signs (Chapter 2, Section S.H.9.). This would include signage for the live / work units. All freestanding monument signs shall have colorful groundcover installed at the base. This requirement can be met during the permitting process (see Exhibit "c" - Conditions of Approval). According to the Signage Detail for the live / work units, signs would be affixed to the front fa~ade, over the each entranceway. These signs would be perpendicular to the wall. According to the detail, the bottom of the sign would be nine (g) feet from the ground. The sign would be two (2) feet in width by one foot and one- half (1- V2) inches tall. Again, these types of signs would be a component of the overall Master Sign Program. Staff Report - Cortina at Boynton Village NWSP 05-001 ) Memorandum No PZ 05-155 Page 10 RECOMMENDATION: Staff has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Cortina NWSP OS-Q01\Staff Report.doc EXHIBIT A BOYNTON VILLAGE AND BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial o BOYNTON CANAL ................................".................. I I BOYNTON VILLAGE LUAR 04-006 Subul'ban Mixed Use 81.814 acres .! ~ E o Co) :::: ! . l o .... LUAR 04-007 j I ----.I Local ReflllU Com 25.00 aores Industrial ~"',,", "/f'\\ ~ ~ ' ~\>. .! r ../ . - - - - W+E S np "J f ,:r EXHIBIT B ~~ III n jtitoK.l!lll...l..m__4Q.ti~_.lill ~}"" _ss~~_ . ~ii. !.~l A~;! ~~;~ - il~: ~ '11 I, I II ,II I I ___L._JnJ -j<~ - ~, .~ .~E ": I l" ~g (') 0 i $ ;::0 "'IJ ~ -I ,::,,- aJ Z :."~~~I /"" ~ ;:!'t;z )> ~W~I 1:;,,1", 0 )> <'o;o/--z..o c: z -I l.~i ' "'1/-~ g OJ '1<1 , ~r;~ ~ 0 J' ! ~ :;'-';.~ i en , .,;;:' c: a :,;-,e; ~ .6~ t06 ]..ro.tt.oos m Z -< < r= U('I.ms:Jt,fw.... ..-r..utI.JOI)I'td !; C) m ~ ~ ~ m!!~mrC-- ~~~8~ ~.~ .~~~ ~~ t~i~i ~ ~ g~; ~~ ~i~ :: : l~~'" ~: ~z ~ ~ g ~ " ~ ~ ~ ~ ~ ~i~l~ "i€g:~ r ~Ea .:~ ~~~ o " ~ z i~~!ll!111! ~o _~ if :~:in ~o =: ~~~~~ ~ ~~ ~~ ;~~~0 i ~~ "E ~~~a ~ ;:~~~r~;;~~~;~~~o~~E~n~r- i ~ ~ ? . ~ ~ >~ -/_=c--=_~ i - ~ I i i ! ~ ill 'I ... .~-- i-- ~ I ~ Ii r ? 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" I' , I i ~ ill ~ fll~~ ;U~~ cnjE en ~ //" / /~ , ./\ ,.'/ /'J "/ //1 ,//</>/;//;:~;~:\ ,o'/~~// ///'1 '~'>III/:b ::/::/;<;':/:::j -I" " /'" / ' '.~) .,,:.::<:/:;~>/f E,,', /1 0", I m",l o ~ il ~~ ~ r~~ J~ I. IIQ ]1 ~~ , i ~ !,. ~ ~. ~ BOYNTON VILLAGE ~ ;:~ i:? DEVELOPER: "tJ ~~ ~' 1950 CONGRESS AVENUE, L.L.C, rJOn,w" rJf.I\C'1 II;JflIC'A EXHIBIT B U 2~ ~. ~,U~~ ~- ~ "',. & - ~ i 8 i ~ 6 g m 8 ::Hl ~s .... en " c ~ ~~ ::;- ~ ill fllj~ ;iU! ~ ~ i ~ OJ o -< z b ~ " > d G> m u~ 0I2;,"V ii-U "~r SMU MASTER PLAN :::<~~QN:)rfrl f>r~,:~~'~r;:lutl, ?l. 11""1_" Kimley.Hll!'" ~..... i--lQ,;{., ~tC~<;.R~l101'-N'Jl.iii:~, ~_u and Associales, Inc. """'" B' ~LJ:' ~g.: -',J r'~I(~<:~:"~f~'[~.' ~(jJl.h()[lA':~~~S;;~:,:S;,tN~,!tf~ ~ <fc.in~; '''r)~[''~':'~)'~~~~';:':~'"OI.lr'''~~'~;~~bM 1-)-05 COR '21-O<ICtlR 11 ~-O. CD'< PHi CIY or eO-r;,.ION BEACH I'~n en or onYr\H;r, U[f,ClI t>f:r; C To ;)f BOY,~'ION BrACH "'. ""'"'~"^' ,,,.,.,,. .,.. '" ,,~<.." 0"0 ".....~, .......".. ""'". .. ." '"""~"-' ", .....,. " '>l,."". ...... '0' '"' ..."" "'J'''O' H '.(;~ " 4il:J1: 1- ~'JY"; 0'" lid .:,~~\oj 7: oj.~~;1. 7\CI\[I:)VJ~rN SPALT CA.[ ,;~. \(:1"''''''''1<:0- ",[~ l"[,,~- f' 'h.g . ,-""... ..... ,""~, .... ...<. " pO, ""''''''~ '",.,.. 0' ""., ....."'... "",.." 0" "" d""'''''"' .".~, "'''dn ";'"""'''''" "'.0"-'.""" .r ''''''r ,,_ dO< ..._,...... _.. ..,..... ..~"', I. -,._..... ..., "'_... .,,, \' ':'~J" 1, ~~f2 1:!x~" I;g:~~ ~~~~ m..v.cnm:;; iUU~i.i O!pi~ Ii! ~I::~i'.!~ ~\o iUU ~ nh~ ~ II'~; :: 'Ill;! !'i l;!!I! ~ i'~ ~ ,2~ I 2 H~;~ ~ ~ .. ~ .. ~....... ~ 1=1 iUHiill e ~ 0 (D i~;~H ~ ~ ~ .. ~ .. ~ .. t I:~_~ ~~~1if~~::~~:{E~::1R1I C~~"~A" "-~..~~~.~('~;::~ ~ '"n..;:A <: 8 BOYNTON VILLAGE - SMU OEVELOPER: 1950 CONGRESS AVENUE, L.L.C. aO'"'\llON BEACH '"LORmA k,,,,, EXHIBIT B I':~ \<\ \,'. ,<'. \\, ~lli:li!;Ili!iI!B! ~!21il~1il~~~ i~l;!.~?,~~~ ~u~nu >;q jii~~ iil", oOoO"'U H U ~Q jl ~ I . ii' ~ f i': en )-; ~ : i/, n ,,, /!= ..' ~ i,: I ~. ~ :,Y ~ ! "-~~~..r<<-! iU ~ !Hi Ii! ~!l~!! ":.,,.,.t:Y.'OJ'~.')]'--"':'_l..:;UX, MASTER USABLE OPEN SPACE PLAN ~'~AIf As,o,liO't ~USSELL IlORRISQN ~_... KImIey.Hom IIo.J_U and AssocIatas,Inc. ~~,~s~~~~r;~1~4~~~:~~~5;l"'~1.60 p,,(>>fr ~':;~[~:'~=.~o..CU~~I7~~HM ~";,- -=--""'''-="=-REV;S-;OOS~"=== --"'-o:.\n: . BY ot"~[OBr (;[\1'1 feCl'llO_ ~E(:tSl~A'lOI< ~UI.IB[R' ::'1::'1)1 ... , ... V\ -I m "'0 r- )> Z ! ~ EXHIBIT B , ........ .------------IIIIi1i~::.~iiiik:~.::.------------ - -- - --------------------_______________________________________ l ~ I I I 'I' ,~ ~ . \ i ;~i J ~ .S i, , ~ . d 51! Ii .J I II lllll'l! I II n I'i m!fl~ ij if! Ii I~ II ~ !i ~ ~ "- . : ~: ~- hi .! ! - ! i~ i g ~g ~i I~: Uq ~ ~ I~ I~ Ij F~n I j I j ~ II II Iln i !B !B i ~ I ~ I ~- IIII JH i III f ! s . ." . ~. I r Io.J pI; ~ II" IlIiiWII !;~ I dm ~- . I ~ii lUll z 2~ I ! i!~ i!l!f,'U hi i- I: ~ . ----------..-..-..----.--....--..........---..-----..-..----.....----...._.____.J I" - -- - - C: ~I III II!! ! ! C()~[N,' ~~t,~~ ,1;:1; IUIII ~!!t o ~s ~ a i i ~ ~TO\VN&COUNTRYI-\O!I.U:Sh<A"['" ~dl :UJJ~ J~:s ~ ~ "'" n 1 ~~ t S ~ BOYNTON BEACH. FLORIDA ~US I : ~ ~ C 30CH QlJINC'I' IOHNIQM, lOtolU, "'YOTT. WlLUt.MJ. At::.Moo. VAUaHN Aal:Hrncn,INc.. ALL lKIHTS Utlll.WO. HO 'AU O. TH.... IDlAJ, 'lANS. 0," DUtOH! MAY I' U'~DUCID O"-oonlD IN AH'l1'OlU.l WHATIOMLWlTNOUT TKllXI'aau WW1'TVt COMSIHT Of CUMWAV.uatrncn. 1NC. " 00 <.I' '" () -< 6 :z <.I' ~~ '= ~a ~, ~t'"" ~< ~~ :E , 0 g ~ ~ ~ - . ~ ~ :ci ~ I - ,I n " >- i: t'"" i 1 ~ I Cl 1 Z I >- Cl tTl t'"" o n >- ::j ~ ~~ ~;:J "'0 ~~ ::l o z !-~ ;~ " "'''' r;;g ~t't1 ::lp !iE~ ~ ~ '~ // EXHIBIT B , \ I I I \ I I I I I I I \ I \ \ \ \ I \ I I I I I I \ " I " I , I , \ '\ " 1- g "< ; ~ ;~ -< ~ a> " '" ~,.-, 0'" ~.-, 2 -< -< -< " ,-, r.... I"III't J,. J.~,,_4.J ;m ~iH ~~g~ ~<a ji~~ cl~~ ~~@~ ~~; ,~ 0 '. ~ .. ~* ~w ~. a' l~ .A ~qi ?~ ~~ ~~ . + '" '" p '" '" ~ ~t p .-, 6 :z <.I' il ~p ~~~ ~~~ ~ o i '~d ~~"- ~. a:~ ~AQ 1-' '8J- 06 III; f ;~ A ~_ ~ ~~ KJ> ~" .'"' ,~ .0 :~ p. ~ ~ ~ % ~ I=!> ~ g ~ . coktTNi\ CORTKNA T AT BOYNTON VILLAGE ~TOWN &: COUNJ:RY HOMES 1'1 OI'U>\ BOYNTON BEACH, FLORIDA PI QU~I~ II~ ~~~~ 5 n ~H I ell l~'>t s ~ ~ 3: o :z ~ ~ '" :z .-, <.I' fi :z ..., '" o z .-, , ,., " lo ~~ . "~,,' E~ ~ .... ";0 g g o~ ~~ . ~B~08~~B ! i; ~ sf I ~i d R! ~ g Ip . ~. ~ ~~ ~~ J~ ~ ~ !i ll: ~ ~~ ~5 ~~ e~ ~~ f~ ~. M~" , oe 9~ .8 .. oe "' .~ . E . ! :; ~ s Iii d R! I g ~ I;' ~ II i, J~ < ~ ; ~! l!: ~ ~i b 9~ i~ ~~ I~ ~ ;; Mr I ~~ ~. i~ b ~' 8" N ! if : s HHlif I ; ~ !! I~: ~ ]1 &1 ~I i~ ]5 ~I ~ ;; i" i Ii ; 9~ ii~ Ii is " EXHIBIT B "1 , ~""" IIBllII1'tW1lCf'rM (Jf 1tI! rt!'CtlfW HI_ >- 3 ~ ,~ ~ BU~ ~ ~ c(jr~tiN;\ CO~THNA 1~~SI Hun ~i~t w i I ~ ~g;i : ~ T BOYNTON VILLAGE '~;I~ 1IIIjl ~~ ~ b II ,ili I I /II=:~==~''''A nil iiN Jj!! c 20M QUINCY IOHIUON. 10ft... M.'fOTr. WlWA,loU. N:.IVlDO. VAUGHN ...-eHmen.INC. ALl. lJOKn ""lllVlD, HO'AU O. 11I._IIDLU. PlNU. Of,. DUIONS w..y '1 ....tDoucao Ot. conm IN NtY I'C:tlM WHA.nOI\IIa. W1THOUT TKlIUNII WNnIft CIONQHT or qu....WAY.uatmc:n. IHC. L -" Vl Q ~ q ~ ~ EJ ~ ~ ~ ~ l"HOI! [Ill !Ii 1M" Cortina R!l JIlljg 0 .1111.... I~ ;I~~U ,ij~Et ijiH' ~ 11 Boynton Village JII <D ~~ ;,f)i ~ .~ J. . (1) II ~" Boynton Beach, Florida ~ I. E;; II EXHIBIT "C" Conditions of Approval Project name: Cortina at Boynton Village File number: NWSP 05-001 Reference: 3rd review plans identified as a New Site Plan with an August 9. 2005 Planning & Zoning date ki stamn mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 2. Fire flow ca1culations 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 tpe LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4. 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 project, in accordance with the CODE, Section 26-15. 5. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 6. A new flow test shall be conducted when all water feeder mams are X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT connected. POLICE Comments: None X ENGINEERING DIVISION Comments: 7. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 8. Buildings three-stories or higher shall be equipped with an automatic X sprinkler 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. 9. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 200 I FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the buildinJ;!; desim. 10. Buildings three-stories or higher shall be equipped with an automatic X sprinkler 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. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 12. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 13. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 14. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and DEPARTMENTS I INCLUDE I REJECT I the Commission-approved site plan. b. If the project is a multi-family project, the building numberls 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) 15. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 16. At time of building permit application, submit verification that the City of X Boynton 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 numberls must be provided. 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)) 17. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved bv the City Commission. 18. The full address of the project shall be submitted with the construction X documents 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. PARKS AND RECREATION Comments: 19. The design of the "green way", proposed along the east property line shall be X in conformance with the Greenways Standards. The "greenway" proposed along the north property line shall resemble the "greenway" proposed along the south property line of the Renaissance Commons master plan. 20. Impact fee: 458 Single family, attached units ~ $771.00 per unit = X Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I $353,118.00 FORESTER/ENVIRONMENT ALIST Comments: 21. The Landscape Architect should tabulate the total existing trees on the site. X The 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 (Chapter 7.5, Article I Sec. 7.D.p. 2.). 22. Staff recommends preserving, where possible, all existing desirable trees that X are located within the proposed landscape buffers (Chapter 7.5, Article I Sec. 7.D.p.2.). 23. The applicant must provide a lake littoral and transitional planting plans for X 50% of the lake perimeter (20 feet in width). 24. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitoring report for two years is required of the developer. 25. The irrigation system design (not included in the plans) should be low volume X water conservation using non-portable water. 26. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 27. Trees should have separate irrigation bubblers to provide water directly to the X root ball (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 28. The project is subject to the limitations and timing at which development may X proceed as outlined in the Palm Beach County Traffic approval letter or the conditions contained within the CRALLS amendment upon its adoption. 29. The SMU Master Plan does not match the proposed site plan in terms of the X number off ingress points proposed along the spine road. Therefore, the SMU Master Plan shall be modified to be consistent with all other plans. 30. At the time of permitting, the site statistics in the cover sheet (sheet A-Ol) X shall match the same in the master site data plan (sheet MSD). 31. At the time of permitting, the plant material proposed within the Typical Unit X I DEPARTMENTS I INCLUDE I REJECT I Landscape Plans shall be incorporated into the overall plant quantities in the Overall Landscape Plan plant list. 32. Regarding the live / work units: Unit "D" proposes a work space of 449 X square feet. Although the work area is 15.49% of the unit, at the time of permitting, the work area shall be reduced to no more than 400 square feet in order to comply with code. 33. Buildings designed as live / work units shall provide universal accessibility to X the front and to the interior space of the non-residential area of the live-work unit from the public sidewalk adjacent to the street (Chapter 2, Section 6.H.5 .c.(1 ).( c).). At the time of permitting, provide a drawing that indicates parking available for these types of units and distance for determination of compliance with the Code. 34. The City encourages that one (1) parking space per two (2) live / work units X be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within 300 feet of the unit in which the use is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use (Chapter 2, Section 6.H.5.d4). 35. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. Staff recommends adding more trees along the south prooertv line adjacent to the park. 36. In order to ensure proper maintenance of the buffer areas, staff recommends X that they be maintained by the Home Owners' Association so that no individual property owner removes any of the required plant material along the perimeter or interior of the development. 37. All freestanding monument signs shall have colorful groundcover installed at X the base (Chapter 7.5, Article II, Section 5,0). 38. Submit a master sign program that shows the number, location, dimensions, X exterior finish, and color(s) of all freestanding monument signs (Chapter 2, Section 5.H.9.). This would include signage for the live / work units. 39. Staff recommends orienting the townhouse buildings so that all units X (proposed along the spine road) are "facing" the spine road. This would apply to those units proposed south of the lake. Also, it would make sense for them to be "rear loaded units" or live-work units. However, if the developer elects to not re-orient the buildings, then staff recommends that the west fa~ade of the townhouse building (proposed along the spine road) shall be enhanced with shutters, plaster banding, and / or archways to resemble the front facades. 40. Staff recommends eliminating the "Live / Work" component of the X townhouse buildings proposed at the northeast comer of the subject property. 41. The bridge over the C-16 Canal offers the opportunity for a signature feature X Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT to be coordinated with the developers of the Renaissance Commons project; please consider. Also, please include pedestrian path on this bridge to connect the greenway paths of the Renaissance Commons and Boynton Village projects. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 43. Remove conditions #32 and #40. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 44. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Cortina NWSP 05-001\COA.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Motion Mr. Cwynar moved to approve the request for new site plan approval to construct 82 fee- simple town houses on an 8.6-acre parcel in the Planned Unit Development Zoning District, subject to all staff conditions. Mr. Casaine seconded the motion that passed 6-1, Mr. Saberson dissenting. Ms. Jasciewicz voted in favor of it with the understanding that the applicant would consider her comments and suggestions. Mr. Casaine reiterated that Condition #36 would be worked out between the applicant and staff. B. New Site Plan 1. Project: Cortina @ Boynton Village (NWSP 05- 001) Steve Uller, Hovstone Properties, Florida, LlC The Klatt Family Limited Partnership # 1 and Klatt Enterprises, Jnc. NE corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct 458 fee-Simple townhouse units in the Suburban Mixed-Use (SMU) zoning district. Agent: Owner: location: Description: Steve Liller, Town &: Country Homes, appeared to answer questions. James Williams, Architect for the project appeared also. Chair Wische asked the applicant's position on the 41 staff comments. Attorney Tokes swore in the latecomers before proceeding. Mr. Williams declared that the applicant agreed with all staff conditions except clarification was needed on Conditions #19 and #40. Condition #19 refers to a greenway to be consistent with the greenway proposed along the Renaissance Commons project They would prefer green area or green space to the term greenway. Eric Johnson, Planner, said the word greenway was used to be consistent with the greenway proposed for the Renaissance Commons project. For this project, the greenway would occur along the east and north property lines and would be 40 feet wide on the east and 25 feet wide on the north. Mr. Williams asked for and received confirmation they were talking about an area with walkways and benches, not a wild, nature-type preserve. Mr. Johnson also stated that Parks & Recreation had come up with a definition of what a greenway would look like and it typically included a meandering path with some trees, park benches, and trash receptacles. Mr. Williams felt they could agree to this condition. Mr. Williams declared that Condition #40 referred to the location of the live/work units. Staff suggested eliminating live work units at the northeast corner of the subject property. The ordinance states that live/work units should be located along perimeter roads, and should, therefore, be allowed. 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Mr. Johnson expressed staff's opinion that the live/work units would negatively impact the adjacent residential property owners due to the traffic destined for the live/work units having no choice but to pass through the residential area to get to the live/work areas. Mr. Williams stated there was no parking on the spine roads and there was parallel parking next to the live/work units. Also, the types of businesses allowed in the live/work units were not the kinds that generate much traffic. Mr. Johnson stated the wording of Condition #32 was proposed to be 449 sq. ft. for the work component of the live/work units. This would be the maximum, but it was also "or 30% of the unit." In these large units, the work component could exceed the 449 square feet and still be under 30%. Therefore, Condition #32 should be eliminated. Chair Wische opened the floor to the public and closed it when no one came forward, Kathy Cook, 1074 N.W. 11th Street, Boynton Beach, a resident of Sky Lake just east of the proposed project, asked if the 40-foot "greenway" were measured from the center of the canal or just the land. Mr. Johnson responded that it was measured from Cortina's property line westward and did not include the canal. The canal is 180 feet wide and combined with the setback on the east side, considerable separation between the project and the residential area would be provided. Kim Glas-Castro appeared on behalf of the developer of Boynton Village SMU Master Plan, to speak on Condition #33. They resisted using the term greenway since staff has a specific definition for a greenway. They would prefer to refer to it as an expanded buffer area with pedestrian walkways and bicycle paths. Greenways have a specific development standard that was not an expectation for this project. Mr. Johnson believed the Parks & Recreation Department would prefer the term greenway, and that the difference was one of semantics. James Comparato, developer for Renaissance Commons, appeared to say that during the approval process of Renaissance Commons, considerable discussion took place about whether the greenway was "Forever Wild" or a green area with space for pedestrians and bikes. Ms. Jasciewicz referred to Condition #39 where there were two options. If one were not used, the remaining one should be required, and not just recommended, in her view. Mr. Williams responded they were choosing option 2 and had supplied staff with drawings showing they would comply with the request. Mr. Johnson confirmed this. The discussion on the live/work units resumed. There was much give and take between the developer, the board, and staff, including the Engineering Department. Laurinda Logan, Senior Engineer for Boynton Beach, did not believe there was enough room to make a dedicated turn lane or to move the median to provide access to the live/work units without going through the residential section. A representative of Kimley Horn confirmed this, giving the technical explanation of why it would not be possible. 7 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Mr. Williams did not believe that the live/work units would generate excess traffic. The types of businesses that were allowed were: a mailing service, arbitrator/mediator service, housemaid service, commercial artist, design studio, commercial photography, computer programming, computer software, data processing, direct mail, editing, proofreading, paralegal, and similar businesses. Mr. Liller added that the ordinance prohibited more than two employees in the work component of the live/work units at a given time. Motion Mr. Cwynar moved to approve the request for new site plan approval for Cortina at Boynton Village in order to construct 458 fee-simple townhouse units in the Suburban Mixed-Use Zoning District (SMU), subject to all staff comments and conditions except deleting Conditions #32 and #40. Ms. Jasciewicz seconded the motion for discussion. Mr. Johnson declared that staff was in favor of eliminating Condition #32, but wanted to keep Condition #40 (elimination of live/work units on the perimeter of the property). The motion was not changed to that effect. The motion passed 6-1, Mr. Casaine dissenting. C. New Site Plan Location: Boynton Town Center (NWSP 05-003) Russell C. Morrison, P .E., Kimley-Horn & Associates The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct 247,812 square feet of commercial on a 24.65-acre parcel in the (C-3) Community Commercial zoning district 1. Project: Agent: Owner: Description: Chair Wische asked for the applicant's position on the 50 staff conditions and whether they wished clarification on any item(s). Kim Glas-Castro, Ruden McCloskey, appeared on behalf of the applicant, stating they wanted to discuss four of the 50 conditions. They asked for confirmation that Boynton Town Center was being parked at 1 space per 200 square feet for the entire C-3 area, regardless of specific uses that might come in like a bank or restaurant. There were some cross parking and cross access agreements with Boynton Village and Boynton Village was to be parked at 1 per 200 also. Eric Johnson, Planner, agreed the 1 to 200 parking rate would apply across the board, without regard to the types of businesses that might come in when the out parcels were developed. Ms. Glas-Castro objected to Conditions of Approval #35 and #37 that called for mirroring the landscaping used in Renaissance Commons. They wanted to have their own identity. 8 S:IPlanningISHAREDlWPIPROJECTSlBoynlon Village-Boynlon Town Cenler 1IBoynlon Village Cortina NWSP 05-0011OO.OOc City Clerk DATED: 7. Other 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 5. This Order shall take effect immediately upon issuance by the City Clerk. 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 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". established by substantial competent evidence a basis for the relief requested. 2. The Applicant HAS HAS NOT 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. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (Exhibit "A") TYPE OF RELIEF SOUGHT: New site plan approval to construct 458 fee-simple townhomes in the SMU Suburban Mixed-Use zoning district. September 20, 2005 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: APPLICANT'S ADDRESS: 1275 Gateway Boulevard Boynton Beach, FL 33436 AGENT: Mr. Steve Liller with Hovstone Properties Florida, LLC PROJECT NAME: Cortina at Boynton Village DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA VI.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates D August 2, 200S D August 16, 200S D September 6, 200S ~ September 20, 200S D October S, 200S D October 18, 200S D November 1, 200S D November IS, 200S July 18, 200S (Noon.) August 1, 200S (Noon) August IS, 200S (Noon) September 6, 200S (Noon) NATURE OF AGENDA ITEM D ~ D D D D Administrative Consent Agenda Public Hearing Bids Announcement City Manager's Report Date Final Form Must be Turned in to City Clerk's Office September 19, 200S (Noon) October 3, 200S (Noon) October 17, 200S (Noon) ,. October 31, 200S (Noon) '\ I' ., .-\ ') D D D D D ,.')~ Development Plans New Business Legal Unfinished Business Presentation """J ..A_ r;? ~__~ _~ ~~~A C.--) ~'.'7 (...,) \ 11 '\:-") :r. RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on August 23, 2005, with a slight modification to condition of approval #49 regarding sidewalk amenities along the C-3 building facades.. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-161. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Town Center (NWSP 05-003) Russell C. Morrison, P.E., Kimley-Hom & Associates The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc. NE comer of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct 231,000 square feet of commercial on a 24.65-acre parcel in the (C-3) Community Commercial zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A y~ City Manager's Signature ~ ~M.L ./' Planning and Zoning Ditt'ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Town Center (Target) NWSP OS-003\Agenda Item Request Boynton Town Ctr NWSP OS-003 9-20-0S,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: PROJECT NAME / NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-161 STAFF REPORT Chair and Members Planning and Development Board and Mayor and City Commission Eric Lee Johnson, AICP fI' Planner . to '=rlL) Vi Michael W. RumpfJ Director of Planning and Zoning August 18, 2005 Boynton Town Center / NWSP 05-003 New site plan approval to construct 231,000 square feet of retail, 13,771 square feet of restaurant, and 4,127 square feet of office, all of which, would be on a 24.65-acre parcel in the Community Commercial (C-3) zoning district. Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Uses: Acreage: Adjacent Uses: North: PROJECT DESCRIPTION The Klatt Family Partnership & Klatt Enterprises, Inc. Boynton Beach Place, LLC Mr. Russell C. Morrison, P.E. with Kimley-Horn and Associates Northeast corner of Old Boynton Road and Congress Avenue (see Location Map - Exhibit "A'') Local Retail Commercial (LRC) Community Commercial (C-3) 231,000 square feet of retail 13,771 square feet of restaurant 4,127 square feet of office 24.65-acre portion of the 106.5-acre parcel Undeveloped property proposed for mixed-use within the Boynton Village and Town Center Master Plan with a Suburban Mixed-Use (MX-S) land use Staff Report -Boynton Town Center (NWSP 05-003) Memorandum No PZ 05-161 Page 2 South: East: West: classification, zoned Suburban Mixed Use (SMU), then farther north is undeveloped property proposed for condominium use within the Boynton Village and Town Center Master Plan with a Mixed-Use Suburban (MX-S) land use classification, zoned Suburban Mixed Use (SMU), still farther north is undeveloped property proposed for townhouses within the Boynton Village and Town Center Master Plan with a Mixed-Use Suburban (MX-S) land use classification, zoned Suburban Mixed-Use (SMU), still farther north is right-of-way for the SFWMD C-16 Canal, still farther north is developed property with townhouses of Phase I of the Renaissance Commons Master Plan with a Mixed-Use Suburban (MX-S) land use classification, zoned Suburban Mixed Use (SMU). Right-of-way for Old Boynton Road, still farther south is developed commercial property (Oakwood Shopping Center), with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); Immediately east is right-of-way for the proposed main north/south road within the Boynton Village and Town Center Master Plan, then farther east is undeveloped property proposed for townhouses within the Boynton Village and Town Center Master Plan with a Mixed-Use Suburban (MX-S) land use classification, zoned Suburban Mixed-Use (SMU), still farther east is right-of-way of the LWDD E-4 Canal, still farther east is developed single family residential (Sky Lake) with an Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-l-AA); and Right-of-way for Congress Avenue, then farther west is developed commercial property (Boynton Beach Mall) with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3). Site Characteristic: The subject site is the location of pastureland commonly referred to as the Winchester Property. On February 15, 2005, the City Commission approved the applicant's request for a change to the land use classification and to rezone (LUAR 04-006) 81.814 acres of the property from Single-family Residential (R-l-AA) to Suburban Mixed-Use (SMU) and also approximately 25 acres at the southwest corner of the parcel (LUAR 04-007) from Single-family Residential (R-l-AA) to Community Commercial (C-3). The subject property was the parcel rezoned to C-3. The Winchester property is bounded by the LWDD C-16 Canal to the north, the LWDD E-4 Canal to the east, Old Boynton Road to the south, and Congress Avenue to the west. The master site plan shows that the subject property is a square- shaped parcel, carved out the original 106.5 acre property. This 24.65-acre portion has frontage on both Congress Avenue and Old Boynton Road, and extends eastward towards the center of the 106.5-acre Winchester property. The survey submitted for this packet was a boundary survey, which does not show the existing conditions. Staff Report -Boynton Town Center (NWSP 05-003) Memorandum No PZ 05-161 Page 3 Proposal: Concurrency: Traffic: Utilities: BACKGROUND Mr. Russell C. Morrison, P.E., with Kimley-Horn and Associates is requesting new site plan approval to construct a large scale, commercial development within 106.5- acre project. The project would consist of 231,000 square feet of retail, 13,771 square feet of restaurant, and 4,127 square feet of office. All proposed uses are permitted in the C-3 zoning district. ANALYSIS Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. Additionally, the City has petitioned the County for a CRALLS (Constrained Roadway At Lower Level of Service) designation for Old Boynton Road, Congress Avenue and the respective intersections. Palm Beach County has transmitted the Comprehensive Plan Amendment associated with the CRALLS designation to the Department of Community Affairs for review and comment prior to adoption. Formal adoption of the CRALLS would remove the requirement for certain roadway improvements, including the necessity to improve the entire segment of Old Boynton Road between Congress Avenue and Boynton Beach Boulevard to a five (5) lane section. However, even if the CRALLS is adopted by Palm Beach County, the following roadway improvements would still be required for the project: 1) Intersection improvements at Congress Avenue and Old Boynton Road, Congress Avenue and Gateway Boulevard, and Boynton Beach Boulevard and Old Boynton Road; 2) Improvement of Gateway Boulevard to six (6) lanes from Congress Avenue to High Ridge Road; 3) Improvement of Old Boynton Road to five (5) lanes from Congress Avenue to the Spine Road (the main north/south roadway within the proposed Master Plan, connecting Old Boynton Road to Gateway Boulevard), transitioning to three (3) lanes west of the E-4 Canal bridge, and continuing a three (3) lane section east to Boynton Beach Boulevard. This would also include the construction of a new three (3) lane bridge over the LWDD E-4 Canal; and 4) various access point improvements to entrances/exits to the 106.S-acre parcel (see "Exhibit C" - Conditions of Approval). The City's water capacity, has increased through the purchase of up to S million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water needs for this project. 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 (see Exhibit "C" - Conditions of Approval). Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Staff Report -Boynton Town Center (NWSP 05-003) Memorandum No PZ 05-161 Page 4 Police/Fire: The Police Department reviewed the subject request relative to the Master Plan as a whole and how it would impact their level of service. The Department reports, "there were 2,547 calls for service. Forty percent of these calls were traffic related. Although a traffic assessment had indicated that this project supports current roadways, it did not reflect on traffic related calls for service and the impact that these calls have on current manpower. The new developments will have a direct impact on future public safety issues, to include calls for service. The demand for more police personnel and equipment will be needed to balance the increase in population and non-residential traffic into our city". The Fire Department reviewed the subject request and reports that Fire Station #5 should be expedited to ensure adequate service delivery levels and effective response times. Additionally, a traffic light pre-empt should be pursued to aid the response of emergency apparatus on Congress Avenue. Also, upgrades in emergency dispatch capability should be made, including new technology related to CAD, GIS and AVL and adequate staffing. 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. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The level of service regarding school concurrency would not be impacted by this type of project. Driveways: The site plan proposes two (2) major points of ingress / egress. Additionally, four (4) alternate driveway openings are proposed internal to the subject property. The first major driveway opening would occur along Congress Avenue. This curb-cut proposed on Congress Avenue would be one (1) of three (3) openings proposed on Congress Avenue for the entire master planned development. However, it would be the only curb-cut on Congress Avenue for this particular project. The second and third curb-cuts proposed on Congress Avenue would be in conjunction with the development of the Boynton Village (NWSP 05-004) project. The site plan shows that this opening would be approximately 90 feet wide at the property line. The main drive aisle into the development would be 2S feet wide and consist of two (2) lanes, namely one (1) for ingress and one (1) for egress. This opening would not be a signalized intersection on Congress Avenue but would still require off-site roadway improvements, such as the removal of the existing concrete sidewalk and curb / gutter along Congress Avenue in order to construct a deceleration lane into the development. Regarding egress from this southernmost opening, it would allow for right-turn only (north) traffic movements onto Congress Avenue. Staff Report -Boynton Town Center (NWSP 05-003) Memorandum No PZ 05-161 Page 5 The second major point of ingress / egress is proposed along Old Boynton Road. It would directly align with Hoadley Road. When scaled, this opening would be approximately SO feet in width. It would consist of one (1) lane for ingress and two (2) lanes for egress. This opening would also allow for ingress to the out-lots of the subject project. This intersection would not be signalized. Regarding egress, it would allow for right-turn (west) and left-turn (east) traffic movements onto Old Boynton Road. As previously mentioned, alternate driveway openings are proposed internal to the development. Two (2) driveway openings are proposed along the Spine Road (to the east); the others are proposed adjacent to Boynton Village (to the north). Parking Facility: The project proposes a mix of commercial uses: Retail, restaurant, and bank. The required parking for these commercial uses has been tabulated on a "shopping center" rate (1 space per 200 square feet). Therefore, this project would require a total of 1,246 parking spaces. The plans would provide for a total of 1,289 spaces, or an excess of 43 spaces. However, a deficiency of nine (9) spaces occurred within the Boynton Village (NWSP 05-004) project. The intent is to share the excess parking of this project with the Boynton Village project (proposed directly to the north), leaving a surplus of 34 parking spaces. A cross parking and cross access agreement would be required at the time of permitting (see Exhibit "C" - Conditions of Approval). Landscaping: Throughout the most of the subject project, the internal circulation system would consist of parking lots with 25-foot wide drive lanes. The Detail of the typical 90- degree parking stall (sheet C7) shows that the parking spaces would be dimensioned nine and one-half (9- V2) feet wide and 16-112 feet in length with two (2) feet of vehicular overhang. The handicap space would be 12 feet in width with five (5) feet of striping and 16- V2 feet in length with two (2) feet of vehicular overhang. The parking areas would be interrupted with large walkways, which would further ensure pedestrian safety. The master site data plan indicates that 3.39 acres (13.7%) of the subject property would be landscaped surface. Unlike the other projects within the master plan, the C-3 zoning district has no provision for minimum pervious area; it is simply a matter of how legal positive outfall is achieved. Much of this pervious surface would be in the form of the landscape buffer proposed along Congress Avenue and Old Boynton Road. The plant list indicates that 78% of the 291 canopy trees would be native, 60% of the 280 palm trees would be native, and 55% of the 12,940 shrubs / groundcover would be native. The plant list includes the following species: Coconut palm, Florida Royal palm, Cabbage palm, Washington palm, High Rise Live Oak, Mahogany, Pond Cypress, Pink Trumpet tree, and Purple Glory tree. Staff has no problem with the proposed species and plant material. It should be noted that the project frontage along Congress Avenue is very lengthy and therefore, facilitating the important role that landscape buffers have for the project, which in turn, increases the importance of having consistent landscape material between the proposed project and the approved landscape buffer of the Staff Report -Boynton Town Center (NWSP 05-003) Memorandum No PZ 05-161 Page 6 Renaissance Commons project. Staff's intent is to encourage Congress Avenue to become more of an aesthetically pleasing corridor and staff feels that this can be accomplished, in part, with consistent landscape material. However, the developer has informed staff that while that it is also their intent to make the corridor as aesthetically pleasing, it is their desire to remain as an autonomous unit, distinct from Renaissance Commons. Furthermore, it is the developer's opinion that the proposed landscape plans provide above and beyond what code requires, and that as proposed, would be aesthetically pleasing in and of itself. Staff concurs to a certain extent. As a comprise, staff and the developer have agreed that along Congress Avenue, the proposed landscape plan should have the same tree species and quantity of plant material for this project, as that of the Renaissance Commons project, but that the species of shrubs and groundcover and its configuration would be autonomous (see Exhibit "C" - Conditions of Approval). In an attempt to mimic the SMU projects to the north, the landscape plan of the subject property is proposing 20-foot wide landscape buffers along Congress Avenue and Old Boynton Road. The landscape plan shows that Washingtonia palm and Mahogany trees are proposed within this buffer, along with Florida Gamma grass, Plumbago, and Dwarf Trinette Arboricola. Again, the above-paragraph describes the agreement between staff and the developer regarding the proposed plant material within these buffers. The details of the landscape buffers proposed along Congress Avenue and Old Boynton Road are illustrated by the Typical Section (on sheet LA-4), which show a two (2)-foot tall earthen berm, low shrubs, palm trees, and canopy trees. Live Oak, Cabbage palm, and Pink Trumpet trees are proposed within the interior and terminal landscape islands of the parking lot. The pedestrian walkways that would connect to the out-lots would contain an alternating pattern of pavers and planter areas (with Live Oak and Coconut palm trees). The planter areas would also have Redtip Cocoplum and Ixora "Nora" Grant hedges. Individually, landscaped areas containing Florida Royal palm, Washingtonia palm, and Live Oak trees would be placed in front of Building "A", Building "B", and Building "C". The Hardscape and Amenities Plan indicate that two (2) planter beds are proposed in front of the stores as well. However, staff recommends installing additional decorative 45-gallon planters in front of the buildings to help soften the hardscape surface. This would include additional planter containers on the west side of Building "B" and Building "C" as well (see Exhibit "C" - Conditions of Approval). The landscape plan shows the Foxtail palm trees are proposed on the east side of the spine road. The function of the roadway is primarily to alleviate traffic congestion on Congress Avenue, Gateway Boulevard, and Old Boynton Road. As shown on the plans, the Spine Road would directly link Gateway Boulevard to Old Boynton Road. However, it does not show the plant material proposed on the portion of the spine road within the Renaissance Commons project. It is staff's intent to create a park-like boulevard effect for the spine road. This would be best achieved by incorporating canopy trees into the design of the roadway (as was done in the Renaissance Commons project) thereby maintaining consistency of plant material proposed within the right-of-way of the two projects. The Staff Report -Boynton Town Center (NWSP 05-003) Memorandum No PZ 05-161 Page 7 Renaissance Commons project proposed Live Oak trees along the spine road. In this project, the Foxtail palm trees proposed along the spine road would be inconsistent and disjointed from the remaining portions of the roadway. Therefore, at the time of permitting, staff recommends substituting the proposed Foxtail palm trees with oak trees (along the spine road) to maintain consistency between the two plans (see Exhibit "C" - Conditions of Approval). It should be noted that much of the interior landscape material (for the out-lots) has not been shown on these plans. The design of these out-lots are incomplete at this time and each out-lot would require separate site plan review (see Exhibit "C" - Conditions of Approval). Building and Site: As previously mentioned, this project is a 24.65-acre portion of the 106.5-acre site. The site plan shows that three (3) main buildings are proposed, namely Building "A", Building "B", and Building "C". Building "A" would be 185,000 square feet in area and would have an outdoor garden center located at the north end. Tenants are not yet determined (or made publicly known) at this time for Buildings "B" and "C". Building "B" would be 10,000 square feet in area and Building "C" would be 30,000 square feet in area. The 24.65 acres also includes four (4) out-lots. At this time, the developer has not created outparcels and staff understands that these out-lots would be leased. The site plan shows that Out-lot 1 would have a 6,668 square foot restaurant. Out-lot 2 would have a 4,127 square foot bank, Out-lot 3 would have a 7,103 square foot restaurant, and Out-lot 4 would have a 6,000 square foot retail store. Certainly, it would have been staff's preference to have one (1) continuous building rather than four (4) separate buildings. Furthermore, it would have been preferable to have a larger store that wrapped the corner to serve as a visual anchor to the intersection of Congress Avenue and Old Boynton Road. Additionally, this building would help screen the vast parking area in front of the proposed Target building. At this time, no elevations or landscape plans have been submitted for the out-lots and each would require separate site plan review and approval (see Exhibit "C" - Conditions of Approval). The maximum building height in the C-3 zoning district is 45 feet. The site plan indicates that all proposed buildings would be one (l)-story tall, including the buildings proposed on the out-lots. The west elevations of Building "A" indicate that the height dimension of the lower parapet wall would be 34 feet - two (2) inches. The upper parapet wall would be 42 feet in height. It should be noted that the peak of a decorative tower would be 52 feet - four (4) inches in height. This is a problem. Although staff recommended incorporation of additional architectural features, such as varying the heights of the parapet walls along the entire west elevation, the plans, would in fact, require height exception approval due to the fact that a portion of the proposed building exceeds the 45-foot threshold of the C- 3 zoning district. Therefore, at the time of permitting, the decorative tower height shall either be reduced to 4S feet or height exception approval would be required prior to the issuance of any building permits (see Exhibit "C" - Conditions of Approval). The elevations show the varying heights of the west facades of Buildings "B" and "C". The height dimension of the lower parapet wall would be 23 feet - eight (8) inches tall while the peak of the pitched roof would be 40 feet - eight (8) inches tall. Staff Report -Boynton Town Center (NWSP 05-003) Memorandum No PZ 05-161 Page 8 Design: The Boynton Village Master Plan is essentially divided in half by the proposed spine road. For this particular project, all buildings are proposed west of the spine road. The project is enhanced with tree-line pedestrian paths. The buildings are proposed in a modern architectural style and are aesthetically pleasing. The building facades are enhanced with trim, banding, columns, shutters, medallions, score lines, and trellises. However, staff does recommend the use of a smooth stucco finish on all buildings associated with this project (see Exhibit "C" - Conditions of Approval). The buildings would come in a variety of colors and have either metal or tile roofing. The project's colors are proposed as follows: Masonry B1 Red B2 Pink B3 Pearl Gray Pavers Pl Buff P2 Harvest P3 Charcoal Precast Sl White S2 Buff Fa<;ade Body Color (EIFS or Stucco) El Abode Accent E2 Smoked Salmon E3 Muskmelon E4 Honey Gold E5 Nacho E6 Manor White E7 China White Awnings Al Sunbelt Black A2 Sunbrella Aspen A3 Sunbrella Linen A4 Sunbrella Terra Cotta Storefronts STl Champagne ST2 Clear ST3 Terra Cotta Trim Colors T1 White T2 Off-white The above-referenced colors, accents, roof styles, and trims would be the same for this project that is used throughout the Boynton Village (NWSP 05-004) project. Within any large-scale project, feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. Sculptures, fountains, gardens, pools, trellises an benches shall be encouraged within the site design (Chapter 9, Section 10.H.). The developer included a Hardscape and Amenities Plan that indicates the location of benches, ash trays, planters, bicycle racks, trellises, and fountains. The detail of the outdoor freestanding lighting fixture (sheet SL1) shows that the height of the Staff Report -Boynton Town Center (NWSP 05-003) Memorandum No PZ 05-161 Page 9 poles would be 25 feet in height. The poles would be round tapered steel black poles. As a safeguard to maintain compatibility all of the Boynton Village and Boynton Town Center projects, staff endorses the use of the same freestanding lighting fixtures that is proposed throughout the entire Boynton Village (NWSP 05- 004) project. The intent of this recommendation is to discourage a situation where the Target store or any of the leased parcels would have taller, brighter lights that stand-out among the rest of the shopping center's lights, thereby drawing more attention to the parcel at night than during the day, which in turn, would be a direct conflict with code. Also, the lighting levels should be such that they provide for a safe environment for pedestrians and vehicles but not luminous as to be considered obnoxious or attention-getting (see Exhibit "C" - Conditions of Approval). Staff also has concerns with the lack of information regarding the future build-out of the out-lots. Staff wants to ensure consistency and compatibility between the out-lots and the main parcel with special emphasis on architectural design, project signage, landscaping, and building colors. Therefore, staff recommends the creation of a Design Program that includes but is not limited to architectural design, signage, landscape, and building colors for each out-lot and its relationship to the principal buildings. The design of these out-lots are incomplete at this time and each out-lot would require separate site plan review (see Exhibit "C" - Conditions of Approval). Signage: No project signage was included with this submittal. Therefore, staff recommends submittal of 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. The applicant will be required to provide a detail of any proposed outdoor freestanding monument signs and indicate their setback from the property line (minimum 10 feet), and include the sign area, dimensions, exterior finish, and letter color (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: Staff has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Town Center (Target) NWSP OS-003\Staff Report.doc EXHIBIT A BOYNTON VILLAGE AND BOYNTON TOWN CENTER I LOCATION MAP III .... e GI E Local Retail CommercIal Industrial [J I I i I I I BOYNTON VILLAGE LUAR 04-006 Suburban MIxed Use 81.814 acres ~ == .1'! & ... III o .... 25.00 acres I ! 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I ii Ii ;1 f 1, L! i: ~ Il : I )1 ~~ Ii 'I 11I11 /: ti I: \\ i It I, =-" 11-.""$ \\ ! ; ....._..~-....--..~.._~:::~:~-~~.....::.:.::-~...^....,..~~.."_.,,..~....:::':":::':';~'_"'~:':~'::~-7~4+>>.+ ~ ;0 m ~ z o -l Z (') r C o m o IIi~Hti!~;llnWII~iWi li!I,I,:: 1!li '1Iiillll! 1,ill 'ii- II I' a-,I' i, AI 'I" !1!IIIIUi 1111 IiI iI!ll!il iil B,'ll,I!ll ill! :I!!' II! iil . I, i, II'! l;1 I!' III - 10 I!'l .,"i hli HI" 'II! Iii h!'j 1111 I:! liP, 11111 1IIl I " 'II ; . ~I! <I Ii'; Ij!l! ! 'j I! ! 1< It!l it. 'I' ! 11 ; : II I "1 1111 11'1 i 1 1'1 'Ill. 'i I i "I I, I ,- SITE PlAN ONLY NOT FOR CONSTRUCTION ui Iud ~ Hi n , j tmi B :1 ~n!~~ _ I eij i g ~ m ~ '~! :!:; I 'p A I HI;;; 6 m z ~ ~Ili BOYNTON TOWN CENTER I - C3 8 ~ &~ 9~ DEVELOPER: S ~~ 51 BOYNTON BEACH PLACE, L.L.C, BOYNTON BEA.CH fLORIDA $CAlLAS Non;D ~---. ~_n IOmIey-Hom COGN[l) IT COR -:~w::~ a......I_U andAaaoc:illel,Inc. DIUo....v lAY 51567 _~s~~~ooa,l<kl_~~~_ ~ IT I'ItOIl[ (m) .z-,.., FAA (7T.Z1 Ml-_ Addition of Outlotl 1 - 4 RCloI _lOIIIEf_l<<lIlN.alII CA_ FlEYlSlONS MASTER SITE PLAN 3-15-05 lAY OAT[ BY "U-<w ~~~ l;ll m 0' ~ ~~~ fn~~ ~ .8 ~~5 !!l~~ 8 i;ll . ~;!l l-a --<g] '" > ~~~ Slo ~ <n'" Z ~5~ P CO) m 015m ~~ ~ ~I ~~~ ~~ " ~o<n ;J1~ ~ :!:~<= .- ""~'lI i~ z "'hln ~ ~ id m ~ '" ~~~ z ~ ~ m ~~i!'j p ~ilI:i' ill -0 :. ... . ... Boynton Town Center Mixed Use Development No~It~AVI',,:"" 80ytlfOll Bnell. FlondtJ " 8!1l '" :J: ~! )0 " nUl gin!~ ig~[ ~I:l ;.~' ~a)og:g' a~ ~ipl" Jl';' ~~ ""~ '~;,E~ -Ill ih~iJa~.l i .9'~iia)ol-!9'- la"'[I"9' ;"a Ql~ aD) =..... iCDg"' -: _cn~ !:."!l: .~ gif~ ~-~.fl~~~ g:~ '- ,llil"",a;'9' ,il:ta =-g.ii!",Q" s;.i a'co' g:;a. ~ !! q:::l. m ~ 3 ~ ~ ~~ i g.". 3'_,-8 <= 3 s g. ~ il .6 ~ !l: " " ~~ ~h~ .fl'''''' "9' 0" t lp~ il.~ ~ <II. n;' a~~':'~:"~lH~ ~ ~ :~Uih)H~ ~ ".3.8cn~ ~I'[~ ~ a~'''3-jl\l!~-;8 ~ p~~lr [e~i~ n -2-~ H 9'j>>~".... ~ g!l:::i~g ~.1',c,.i c "'3'~l!.!l: g: '~< E is''' 0"5' ~g -'8 5 ~~S.'<1O ~.s: c5 ~ i ~ ~i 0'~'; ~ ~ :U H!!.[!:! ~,.H ~~, [~ ~ iH ~ ~t .. 9'3~ Ii-n ~ tll g ~ l!. j ~' Q ll-< . a ... ~:" , .. _0 ij" ,Ill ~n '0:1: m II ~ n ... .. 8 :II .. E II C ;: l:I i Cl . " . ~ > o~ . o D o " '" IiUil ~>hffi ~h~~ ~a~~~ ~ m~ ill I----,j, 19r..\' ....- -"1 '" EXHIBIT B '" Ii'l ~ g ~~di ~.~ ~~~~ '" ~r> ~ih ~ 1- I~i~ ~ i ----~-- lilli, II !li' 11.:111 Ilill '" II!il 11l.1 '" '" >- I'" <::)""'0 II~()::!::~- a >- ~ :: rT1 :::c rT1 f r ~ ~ :::c ;:;::; ""'0 ; S : () ::::c :z: rT1 ~~~- '" EXHIBIT B ~~" ~i~ ~~S :~~ ~~M !~i il~ ill n~ ~ 8 ~~~ ~ ~ ;~ ~ ~ ~I ~ ill h ~ ~ h ~ li ~ c ~ iil " ! 000 000 000 ,~ ~o( ~.. E 000 o 0 0 ~" --1--iit ~ II!III > R '" c::> ""'C I i J () ::t:: ... Ijllli ~ Boynton Town Center -- -- --- I" :I: r1"'1 r1"'1 ." llilll ::::=lC:J 8 Mixed Use Development iil ~'rl .... ::::=lC:J ""'C . '" =~~= II!il I I ; ~~ r1"'1 ... I~ i I; () N -- -- ... .... ..:::l lli,1 00 !il8 VI ~ Z m m 0 )- V> '" V> .... ... ... m J: m ,... m ,... m .- m < m < )> < )- .... )> ... 0 .... 0 z 0 z z .. '" c '" c c a: Q :J Q :> ~~ ~ ot) )- <) )> )> ~ ~ '" ~ IT! 0 )> z 0 ~ ~ m .... .C!..~ >- ioo li!o- ii" 'Z . ..... . .... ,. .111 r E' -f !:~ t t 't r ~'f,i; :tc-t~ i:! -i! " ~ ~a:: ;> I"!! I~ j.> : I~ ...~I' :=:'2 r" !' I t i I .. .. g L. III !'- 'T '" .. II I: ,.. II ... . :r " :; ..." 111 .. I< ~ :: ~ ~ "#'! ,.. ~ ! I'> e e ! ~' ~ '" .. ~ Q ;.i! 'Q ,.. Z .. r : '" I: It ~ tlt .. ~ .. .. .. ~ " , . ... ~ I: " . t r ! ... .. . ... . ~ t " =: .. ;. .. r t ;t' .. . ... r " << r f ~ t:! ;i .. r f .. ~ n ... .... . E g ~ .. r . s ill ... III .. .. ~ K .. E .. j ~ : : " .n II! Q .. 5 , r ~ " " t"" '" :: .. r Q j :r: " f .. j"'!; ~ i .. ~ EXHIBliT B Orowln9 n_ G: \41148007\CAOD\COtIST\l..AHOSCAP[ PLAffS\CJ-LA"lAHS-oe.17.0S\I48007-CJ-LM.d... LA-I ""9 Of, 2005 I: 46pm by: Tom.Lund EXHI BIT B ....._~ __....lM_lt...-.,...._............... ..............r._......__.......__.._ _l..._It_...___........._....._.. ,.., _t_,_,,,_,,,*,__,_,,~__""'_"_'_I,..___..._ / ~~~~~_._._._~ ~.;-'-'-'--=--~~f~~~~~~=~~;~~~~=~;~~~~f~':~:~~f~~.~::.:.~~-~~:~-~~.~~:.=.~-:~ =------=.-=.-=.-=.-=.---;.-----.:.-----:..---=. ---- l~:~ - r e 3~ ~ BOYNTON TOWN CENTER I - C3 a}> - ~ II ~ DEVELOPER: :; ~ i ~~ it BOYNTON BEACH PLACE, LL.C. BOYNTON BEACH F'LORIDA LANDSCAPE PLAN EAST PORTION (C-3) SCMJ: Ol~lIOCM(llt: on~ :TOTrD DAWl T. WOOOWARO OTW n.oMM MGJllIA1'lOIl IA.llIIO\; LA1166 ...,_n KirrlIey-&m ,- ...- ~_U andAssoclales, Inc. 6G'~S~~~OlIIltW~'<UIO~~~ ~~~:;:':.~'I>.X ci,T7:=;..... REVISIONS 0"1'[ 8V ~" ". COA 08/22/05 2 . . DEPARTMENTS INCLUDE REJECT approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 8. The Fire flow test conducted on November 8, 2004 cannot be used as fire X flow information. Only when the connections on the east side of Congress A venue are connected can staff evaluate the fire flow for the subject project. This condition will remain and no building permits may be issued until fire flow test are conducted and determined adequate by staff. POLICE Comments: None X BUILDING DIVISION Comments: 9. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 10. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 12. Buildings three-stories or higher shall be equipped with an automatic X sprinkler 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. EXHIBIT "C" Conditions of Approval Project name: Boynton Town Center File number: NWSP 05-003 Reference: 3rd review revised plans identified as a New Site Plan with a August 9, 2005 Planning and Zoning Department date stamp marking. , II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Full Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 2. 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: 3. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 4. 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)). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. A building permit for this project shall not be issued until this Department has X COA 08/22/05 3 . . DEPARTMENTS INCLUDE REJECT 13. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 16. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 17. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. 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) 18. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 19. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved bv the City Commission. 20. The full address of the project shall be submitted with the construction X documents 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. 21. Sheet SL-l - The light poles shall comply with 2001 FBC, Section 1606 to X COA 08/22/05 4 . II DEPARTMENTS INCLUDE REJECT withstand 140 mph wind loads. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 22. The Landscape Architect should tabulate the total existing trees on the site. X The 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 landscaoe olan (Chapter 7.5, Article I Sec. 7.D.o. 2). 23. Staff recommends preserving, where possible, all existing desirable trees that X are located within the proposed landscape buffers (Chapter 7.5, Article I Sec. 7.D.p. 2.). 24. All shade and palm trees on the Plant list (C-3) must be listed in the X specifications as a minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). This includes the multi-trunk species. The height of the trees may be larger than 12'-14' to meet the 3" diameter requirement (Chapter 7.5, Article II Sec. S.C.). 25. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed parking lot facility from the Congress Avenue and Old Boynton Beach Boulevard roads rights-of-way. Staff recommends creating a three (3)- foot tall berm at Retention Pond #3. PLANNING AND ZONING Comments: 26. No survey was included within this packet of plans. Submit a survey of the X subject property. The survey shall include natural features such as lakes, trees, and other vegetation and soils and topography. Indicate existing utility lines and all easements (Chapter 4, Section 7.A.). Since the subject parcel is 24.42 acres, it would be preferable to submit a survey that matches said acreage. 27. The project is subject to the limitations and timing at which development may X proceed as outlined in the Palm Beach County Traffic approval letter or the COA 08/22/05 5 . . DEPARTMENTS INCLUDE REJECT conditions contained within the CRALLS amendment upon its adoption. 28. The project proposes a mix of commercial uses: Retail, restaurant, and bank. X The required parking for these commercial uses has been tabulated on a "shopping center" rate (1 space per 200 square feet). Therefore, this project would require a total of 1,246 parking spaces. The plans would provide for a total of 1,289 spaces, or an excess of 43 spaces. However, a deficiency of nine (9) spaces occurred within the Boynton Village (NWSP 05-004) project. The intent is to share the excess parking of this project with the Boynton Village project (proposed directly to the north), leaving a surplus of 34 parking spaces. A cross parking / cross access agreement would be required at the time of permitting. 29. It should be noted that the peak of a decorative tower would be 52 feet - four X (4) inches in height. This is a problem. Although the developer's intent was to enhance the west fayade of the big-box, the plans, would in fact, require height exception approval due to the fact that a portion the proposed building exceeds the 45-foot threshold of the C-3 zoning district. Therefore, at the time of permitting, the decorative tower height shall be reduced to 45 feet or height exception approval would be required prior to the issuance of any building permits. 30. At the time of permitting, submit a scaled drawing (sized 24 inches by 36 X inches) that clearly illustrates all proposed building elevations (of all sides - north, south, east, and west), including the garden center proposed north of Building "C". All building elevations shall indicate the height, exterior dimensions, exterior color, and materials used (Chapter 4, Section 7.D.1.). All elevation pages shall indicate the exterior finishes, roof material, paint manufacturer's name, and color codes. 31. Provide floor plans (sized 24 inches by 36 inches) of all buildings proposed X on the out-lots (Chapter 4, Section 7.), or they will be subject to formal review when submitted at a later date. 32. At the time of permitting, revise the landscape plan to show trellises along the X south facade of Building "C". 33. The site plan and landscape plan should match each other with respect to the X configuration of the sidewalks / pervious space internal to the development. 34. Unloading and loading areas shall be screened from streets and public view X by a buffer wall, continuous vegetative buffer, or landscape barrier. Vegetative buffers or barriers shall be comprised of shrub and tree species having dense foliage and of a size and spacing to form a continuous screen of plant material as required by the Community Design Plan (Chapter 9, Section 10.C.1.) and the Landscape Code (Chapter 7.5, Article II, Section 3.B.3.6.). 35. The intent of the landscape code is to screen vehicular use areas (drive aisles X COA 08/22/05 6 DEPARTMENTS and parking lots) from roadways and abutting properties. Landscape buffers adjacent roadways (internal and external) shall contain two layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall. The continuous hedge (2nd layer) shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip-to-tip spacing immediately after planting. This hedge shall be maintained at four (4) feet. Also, within these buffers, the proposed trees shall be spaced at maximum 30 feet apart from each other (Chapter 7.5, Article II, Section 5.D.). The landscape buffer along Congress A venue and Old Boynton Road shall have the same quantities, and species of trees but different species and configuration of plant material proposed within the Renaissance Commons project (Chapter 7.5, Article II, Section 5.Q.). The City Forester will coordinate this effort with the project landscape architect during the permitting process. INCLUDE REJECT 36. Staff recommends installing additional decorative 45-gallon planters in front X of the buildings to help soften the hardscape surface. This would include additional planter containers on the west side of Building "B" and Building "C" as well. 37. The landscape plan shows the Foxtail palm trees are proposed on the east side X of the Spine Road. The function of the roadway is primarily to alleviate traffic congestion on Congress Avenue, Gateway Boulevard, and Old Boynton Road. As shown on the plans, the Spine Road would directly link Gateway Boulevard to Old Boynton Road. However, it does not show the plant material proposed on the portion of the Spine Road within the Renaissance Commons project. It is staffs intent to create a park-like boulevard effect for the Spine Road. This would be best achieved by incorporating canopy trees into the design of the roadway (as was done in the Renaissance Commons project) thereby maintaining consistency of plant material proposed on within the right-of-way of the two projects. The Renaissance Commons project proposed Live Oak trees along the Spine Road. In this project, the Foxtail palm trees proposed along the Spine Road would be inconsistent and disjointed from the remaining portions of the roadway. Therefore, at the time of permitting, staff recommends substituting the proposed Foxtail palm trees with oak trees (along the Spine Road) to maintain consistency between the two plans. 38. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.CA.). 39. No project signage was included with this submittal. Therefore, staff X recommends submittal of 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, COA 08/22/05 7 DEPARTMENTS INCLUDE REJECT freestanding monument signs, canopy signs, way-finding signs, directional SIgnS, and all other signs as regulated by Chapter 21 of the Land Development Regulations. Provide a detail of any proposed outdoor freestanding monument signs and indicate their setback from the property line (minimum 10 feet), and include the sign area, dimensions, exterior finish, and letter color. 40. Indicate on the photometric plans (sheet 1) that the freestanding outdoor X lighting poles will be black. 41. Loading dock operations on the C-3 parcel should be better concealed, X through service court walls and or denser landscaping. 42. Staff recommends adding / repeating signature features at both sides of the X main street entrance (along Congress Avenue) and at the northeast comer of the greater proiect (at Old Boynton Road). 43. The southwest comer of the property (at Old Boynton Road) should be X accentuated with a sizeable building that wraps the comer with raised fayade, appropriate features, and pedestrian links to connect to comer. 44. The detail of the outdoor freestanding lighting fixture (sheet SLl) shows that X the height of the poles would be 25 feet in height. The poles would be round tapered steel black poles. As a safeguard to maintain compatibility between these "Winchester" projects, staff endorses the use of the same freestanding lighting fixtures that is proposed throughout the entire Boynton Village (NWSP 05-004) project. The intent of this recommendation is to discourage a situation where the Target store or any of the leased parcels would have taller, brighter lights that stand-out among the rest of the shopping center's lights, thereby drawing more attention to the parcel at night than during the day, which in turn, would be a direct conflict with code. Also, the lighting levels should be such that they provide for a safe environment for pedestrians and vehicles but not luminous as to be considered obnoxious or attention- getting. 45. The front of the stores would have individual planter areas containing Florida X Royal palm, Washingtonia, and Live Oak trees. The Hardscape and Amenities Plan indicates that two (2) planters are proposed in front of the mam entrance to the stores. Staff recommends installing additional decorative 45-gallon planters in front of the buildings to help soften the hardscape surface. This would include additional planter containers west of Building "B" and Building "C" retail as well. 46. Staff recommends the use of a smooth stucco finish on all buildings X associated with this project. 4 7. Parking lot trees, especially proposed within the wider pedestrian walks, X should be shade trees, not coconut palms or other various palm trees. COA 08/24/05 8 . II DEPARTMENTS INCLUDE REJECT 48. Staff also has concerns with the lack of information regarding the future X build-out of the out-lots. Staff wants to ensure consistency and compatibility between the out-lots and the mam parcel with special emphasis on architectural design, project slgnage, landscaping, and building colors. Therefore, staff recommends the creation of a Design Program that includes but is not limited to architectural design, signage, landscape, and building colors for each out-lot and its relationship to the principle buildings. The design of these out-lots are incomplete at this time and each out-lot would require separate site plan review. 49. The link to the large retail store is vital. Pedestrian path should continue from X main street, buildings should similarly front this aligned street, C-3 building facades should repeat mam street themes/elements including outdoor pedestrian seating/cafes (perhaps as part of the popcornlhotdog concession at one end, and a deli in the produce section of the store at the other for balance. Both placed near outer walls with large windows and access to corresponding outdoor seating areas with trees and tables with umbrellas, fountains, or the like. 50. Provide an additional cross-walk connecting the front entrance of Building X "C" and parking lot, including stop signs to control traffic accordingly. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments; 51. Modification to condition #49 to read as follows; the link to the large retail X store is vital. Pedestrian path should continue from main street, buildings should similarly front this aligned street, C-3 building facades should repeat mam street themes/elements including outdoor pedestrian seating/cafes, placed near outer walls, with large windows and building access to corresponding outdoor seating area with trees and tables with umbrellas, fountains, or the like. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 52. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Town Center (Target) NWSP 05-003\COA.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Mr. Williams did not believe that the live/work units would generate excess traffic. The types of businesses that were allowed were: a mailing service, arbitrator/mediator service, housemaid service, commercial artist, design studio, commercial photography, computer programming, computer software, data processing, direct mail, editing, proofreading, paralegal, and similar businesses. Mr. Liller added that the ordinance prohibited more than two employees in the work component of the live/work units at a given time. Motion Mr. Cwynar moved to approve the request for new site plan approval for Cortina at Boynton Village in order to construct 4S8 fee-simple townhouse units in the Suburban Mixed-Use Zoning District (SMU), subject to all staff comments and conditions except deleting Conditions #32 and #40. Ms. Jasciewicz seconded the motion for discussion. Mr. Johnson declared that staff was in favor of eliminating Condition #32, but wanted to keep Condition #40 (elimination of live/work units on the perimeter of the property). The motion was not changed to that effect. The motion passed 6-1, Mr. Casaine dissenting. C. New Site Plan Location: Boynton Town Center (NWSP OS-003) Russell C. Morrison, P .E., Kimley-Horn & Associates The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct 247,812 square feet of commercial on a 24.65-acre parcel in the (C-3) Community Commercial zoning district 1. Project: Agent: Owner: Description: Chair Wische asked for the applicant's position on the SO staff conditions and whether they wished clarification on any item(s). Kim Glas-Castro, Ruden McCloskey, appeared on behalf of the applicant, stating they wanted to discuss four of the 50 conditions. They asked for confirmation that Boynton Town Center was being parked at 1 space per 200 square feet for the entire C-3 area, regardless of specific uses that might come in like a bank or restaurant. There were some cross parking and cross access agreements with Boynton Village and Boynton Village was to be parked at 1 per 200 also. Eric Johnson, Planner, agreed the 1 to 200 parking rate would apply across the board, without regard to the types of businesses that might come in when the out parcels were developed. Ms. Glas-Castro objected to Conditions of Approval #3S and #37 that called for mirroring the landscaping used in Renaissance Commons. They wanted to have their own identity. 8 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Mr. Johnson responded that staff's main concern was that the spine road be planted with the same type of trees to promote compatibility and consistency between the two projects. The Renaissance Commons property has Live Oak trees along the spine road and this recommendation asks Boynton Town Center to do the same, as opposed to the Foxtail Palm trees they proposed. James Comparato, Renaissance Commons, took issue with Condition #3S, since it had statements that sounded like mandates from the City for Renaissance Commons. He had to clear this up due to the aggregation rules for the DR! process. Condition #3S says, "The landscape buffer along Congress Avenue and Old Boynton Road shall have the same quantities, and species of trees, but different species and configuration of plant material, proposed within the Renaissance Commons project." He thought the landscaping should complement, but perhaps not duplicate, what was now on the site. He suggested striking the reference to the same quantities and species of trees and replacing it with the same quantities, but different species and configurations of plant materials. Mr. Johnson stated staff was trying to achieve compatibility of plant material, understanding that it would be the trees that would actually tie the two projects together. He acknowledged this was a separate project, but without this recommendation, the two projects would look quite different. Staff would prefer to "marry" the two projects visually and preferred its original recommendation. Ms. Jasciewicz noted that plants and trees grew at different rates and there was something to be said for consistency, as long as other plant materials could be different. She did not see why having the same kind of trees between the two projects would be a problem. Ms. Glas-Castro referred then to Condition #49, and recommended ending the sentence in the 4th line after "pedestrian seating/cafes," striking the rest of the condition. They did not want to dictate the outside amenities, since the tenants should have the fleXibility to design their outdoor, pedestrian-oriented facilities. Mr. Johnson understood this, but did not feel comfortable with deleting the last sentence with its reference to outdoor seating areas with trees and tables. Ms. Glas-Castro asked if the recommendation could encourage outdoor seating with trees and tables, but not dictate it. Ed Breese, Principal Planner, stated staff was trying to encourage a pedestrian theme. He did not think the placement of concrete benches with no shade, umbrellas, or similar amenities would satisfy this condition. That is why staff wanted to retain its wording of this comment. With the existing language, staff could see an equivalent for it; without it, there would be no equivalent. Ms. Glas-Castro agreed, as long as the tenants would have some flexibility about selection of the type of pedestrian amenities. Mr. Johnson said this was the intent of the recommendation. Chair Wische opened the floor to the public, and closed it when no one wished to speak. Mr. Baldwin stated the developer's original intention was to have more upscale restaurants than fast-food places along Congress Avenue and he asked if that was still the intent. The applicant responded affirmatively. 9 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Motion Ms. Jasciewicz moved to approve the request for new site plan approval in order to construct 247,812 square feet of commercial on a 24.6S-acre parcel in the Community Commercial Zoning District (C-3), subject to the language as amended and agreed to by the parties. Mr. Baldwin seconded the motion that carried 7-0. D. New Site Plan 1. Project: Agent: Boynton Village (NWSP 05-004) Russell C. Morrison, P.E., Kimley-Horn & Associates The Klatt Family Limited Partnership # 1 and Klatt Enterprises, Ine. NE corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct a large-scale, mixed-use project consisting of 80 dwelling units, 14,S41 square feet of restaurant, 10,000 square feet of office, and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the Suburban Mixed-Use (SMU) zoning district. Owner: Location: Description: Chair Wische gave a description of the project, noting that there were 56 staff conditions. Kim Glas-Castro, representing the applicant, responded that Condition #39 needed clarification, since their interpretation was that parking would be at 1 per 200 square feet for the non-residential component of the project. The non-residential uses in Boynton Village have cross parking agreements with Boynton Town Center. Mr. Johnson agreed with this. The other issues were the greenway terminology and the identical landscaping as Renaissance Commons, which she felt had been adequately addressed previously. Mr. Johnson reported staff recommended approval of the project, subject to all Conditions of Approval shown in Exhibit C. The applicant agreed with the conditions, as discussed. Chair Wische opened the floor to the public. James Comparato from Renaissance Commons stated all references to Renaissance Commons were being mandated by staff and not as a voluntary effort on the part of Renaissance Commons. Chair Wische closed the floor to the public. Ms. Jasciewicz asked about Condition #37 and whether the applicant would be seeking approval for the 55-foot decorative tower. Ms. Glas-Castro responded that this was still being evaluated. To maintain architectural quality, they would probably be coming in for conditional use approval. 10 "H~~~. ~ II~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Town Center AGENT: Mr. Russell C. Morrison, P.E. with Kimley-Horn and Associates APPLICANT'S ADDRESS: 1450 South Johnson Ferry Road, Suite 100 Atlanta, Georgia 30319 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: New site plan approval to construct 231,000 square feet of retail, 13,771 square feet of restaurant, and 4,127 square feet of office on a 24.65- acre parcel in the Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue (Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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:IPlanningISHAREDIWPIPROJECTS\Boynton Village-Boynton Town Center l\Boynton Town Center (Target) NWSP 05-003\OO.<Ioc VI.-CONSENT AGENDA ITEM 0.3 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 0 August 2, 2005 July 18, 2005 (Noon.) D October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) D October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17, 2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 31, 2005 (Noonr 1 .J 0 Administrative D Development Plans j D " , NATURE OF ~ Consent Agenda New Business AGENDA ITEM D Public Hearing D Legal f. . .:"' ;~~ -: -:~~:- D Bids D UnfInished Business . '.~:J ::r: D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on August 23, 2005. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 05-156. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Village (NWSP 05-004) Russell C. Morrison, P.E., Kimley-Horn Associates The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct a large scale, mixed-use project consisting of80 dwelling units, 14,541 square feet of restaurant, 10,000 square feet of offIce, and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the (SMU) Suburban Mixed-Use zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~~ City Manager's Signature Devel ~- - ,L~ , Planning and Zoning ~ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village SMU NWSP 05-004\Agenda Item Request Boynton Village NWSP 05-004 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: PROJECT NAME / NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-156 STAFF REPORT Chair and Members Planning and Development Board and Mayor and City Commission Eric Lee Johnson, AICP Planner " t Michael W. Rumpf Director of Planning and Zoning August 18, 200S Boynton Village / NWSP 05-004 New site plan approval to construct a large scale, mixed-use development consisting of 80 dwelling units, 135,641 square feet of retail, 14,541 square feet of restaurant, and 10,000 square feet of office, all on a 20.33- acre parcel in the SMU Suburban Mixed-Use zoning district. Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Uses: Acreage: Adjacent Uses: North: PROJECT DESCRIPTION The Klatt Family Partnership & Klatt Enterprises, Inc. 1950 Congress Avenue, LLC Mr. Russell C. Morrison, P.E. with Kimley-Horn and Associates Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") Mixed Use Suburban (MX-S) Suburban Mixed Use (SMU) 80 dwelling units 135,641 square feet of retail 14,S41 square feet of restaurant 10,000 square feet of office 20.33-acre portion of the 106.5-acre parcel Right-of-way for the SFWMD C-16 Canal, then farther north is developed property with townhouses of Phase I of the Renaissance Commons Master Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 2 South: East: West: Plan with a Suburban Mixed-Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU). Northeast is undeveloped property proposed for condominium use within the Boynton Village and Town Center Master Plan with a Suburban Mixed-Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU); Undeveloped property proposed for commercial use within the Boynton Village and Town Center Master Plan with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3), then farther south is right-of-way for Old Boynton Road, still farther south is developed commercial property (Oakwood Shopping Center), with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); Immediately east is right-of-way for the proposed main north/south road within the Boynton Village and Town Center Master Plan, then farther east is undeveloped property proposed for townhouses within the Boynton Village and Town Center Master Plan with a Suburban Mixed-Use (MX-S) land use classification, zoned Suburban Mixed-Use (SMU), still farther east is right-of-way of the LWDD E-4 Canal, still farther east is developed single family residential (Sky Lake) with an Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-l-AA); and Right-Of-way for Congress Avenue, then farther west is developed commercial property (Boynton Beach Mall) with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3). Site Characteristic: The subject site is the location of pastureland commonly referred to as the Winchester Property. On February 15, 2005, the City Commission approved the applicant's request for a change to the land use classification and to rezone (LUAR 04-006) 81.814 acres of the property from Single-family Residential (R-1-AA) to Suburban Mixed-Use (SMU) and also approximately 2S acres at the southwest corner of the parcel (LUAR 04-007) from Single-family Residential (R-1-AA) to Community Commercial (C-3). Proposal: The Winchester property is bounded by the LWDD C-16 Canal to the north, the LWDD E-4 Canal to the east, Old Boynton Road to the south, and Congress Avenue to the west. The SMU Master Plan shows that the subject property is an irregularly-shaped parcel, carved out from the original 106.5 acre parcel. This 20.33-acre portion fronts on Congress Avenue and extends eastward towards the center of the 106.5-acre Winchester property. The survey shows the property contains a variety of mature trees. The species include the following: Oak tree, Cabbage palm, Gumbo Limbo, and Citrus trees. The SMU Master Plan depicts this parcel as Phase I SMU Parcel 6 (20.333 acres). BACKGROUND Mr. Russell C. Morrison, P.E., with Kimley-Horn and Associates is requesting new Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 3 Concurrency: Traffic: Utilities: site plan approval to construct a large-scale, mixed-use development within a 106.5-acre project. The site plan would consist of 80 dwelling units, 135,641 square feet of retail, 14,541 square feet of restaurant, and 10,000 square feet of office. All proposed uses are permitted in the SMU zoning district. ANALYSIS Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. Additionally, the City has petitioned the County for a CRALLS (Constrained Roadway At Lower Level of Service) designation for Old Boynton Road, Congress Avenue and the respective intersections. Palm Beach County has transmitted the Comprehensive Plan Amendment associated with the CRALLS designation to the Department of Community Affairs for review and comment prior to adoption. Formal adoption of the CRALLS would remove the requirement for certain roadway improvements, including the necessity to improve the entire segment of Old Boynton Road between Congress Avenue and Boynton Beach Boulevard to a five (5) lane section. However, even if the CRALLS is adopted by Palm Beach County, the following roadway improvements would still be required for the project: 1) Intersection improvements at Congress Avenue and Old Boynton Road, Congress Avenue and Gateway Boulevard, and Boynton Beach Boulevard and Old Boynton Road; 2) Improvement of Gateway Boulevard to six (6) lanes from Congress Avenue to High Ridge Road; 3) Improvement of Old Boynton Road to five (5) lanes from Congress Avenue to the Spine Road (the main north/south roadway within the proposed Master Plan, connecting Old Boynton Road to Gateway Boulevard), transitioning to three (3) lanes west of the E-4 Canal bridge, and continuing a three (3) lane section east to Boynton Beach Boulevard. This would also include the construction of a new three (3) lane bridge over the LWDD E-4 Canal; and 4) various access point improvements to entrances/exits to the 106.S-acre parcel (see "Exhibit C" _ Conditions of Approval). The City's water capacity, has increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water needs for this project. 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 (see Exhibit "c" - Conditions of Approval). Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police/Fire: The Police Department reviewed the subject request relative to the Master Plan as a whole and how it would impact their level of service. The Department reports, Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 4 "With the projected growth for this area, additional officers for this zone will be needed to handle the increase of calls for service. 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 and projected traffic." The Fire Department reviewed the subject request and reports that Fire Station #5 should be expedited to ensure adequate service delivery levels and effective response times. Additionally, a traffic light pre-empt should be pursued to aid the response of emergency apparatus on Congress Avenue. Also, upgrades in emergency dispatch capability should be made, including new technology related to CAD, GIS and AVL and adequate staffing. 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. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The School District of Palm Beach County has approved the project for school concurrency. Driveways: The site plan proposes three (3) major points of ingress / egress. Four (4) alternate driveway openings are proposed internal to the subject property. The first major driveway opening would exist along Congress Avenue. It would be the first of two (2) openings proposed along Congress Avenue (for this phase). It should be noted that a third curb-cut is proposed along Congress Avenue in conjunction with the development of the Boynton Town Center (NWSP 05-003) project. The site plan shows that this southernmost opening (for this phase) would be 100 feet wide at the property line. It would consist of four (4) lanes, two (2) for ingress, and two (2) for egress. Each lane would 12 feet wide. The ingress lanes would be separated from the egress lanes by a 10-foot wide landscaped median. This opening would be a signalized intersection on Congress Avenue and require off-site roadway improvements. The off-site improvements include but are not limited to removing the existing concrete sidewalk and curb / gutter along Congress Avenue in order to construct a deceleration lane into the development. This would necessitate the reduction in width of the existing medians along Congress Avenue in order to accommodate new left-turn (east) lanes into the development. Regarding egress from this southernmost opening, it would allow for both right-turn (north) and left-turn (south) traffic movements onto Congress Avenue. The second major point of ingress / egress is also proposed along Congress Avenue. It would allow for ingress to the out-lots of the subject project. When scaled, this northernmost opening would be approximately 9S feet in width. It would consist of one (1) lane for ingress and two (2) lanes for egress. Similar to the other opening proposed along Congress Avenue, an existing signal would serve Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 5 this expanded intersection and require off-site roadway improvements. It would allow for right-turn (north) and left-turn (south) traffic movements onto Congress Avenue. The third major point of ingress / egress is proposed along the spine road. When scaled, the site plan shows that it would be approximately 90 feet wide at the property line. As a point of egress, it would allow for both right-turn (south) and left-turn (north) traffic movements onto the spine road. Likewise, the ingress and egress lanes (within this driveway) would be separated by a 10-foot wide landscaped median. As previously mentioned, alternate driveway openings are proposed internal to the development. Two (2) driveway openings are proposed adjacent to the Phase II condominium buildings. The other driveway openings are proposed along the C-3 parcel (Boynton Town Center) to the south. Parking Facility: The project proposes a mix of residential, retail, restaurant, and office uses. One (1) bedroom units require one and one-half (1- V2) parking spaces while two (2) bedroom units require two (2) parking spaces each. The project proposes 22 one- bedroom units and 58 two (2) bedroom units. The required parking for the commercial uses have been based on a "shopping center" rate (1 space per 200 square feet). Therefore, this project would require a total of 950 parking spaces. The plans would provide for 719 surface parking spaces and 222 parking garage spaces for a total of 941 parking spaces, a deficiency of nine (9) spaces. However, the intent is to share the excess parking with the C-3 parcel (Boynton Town Center proposed directly to the south). The master site data plan (sheet MSD) indicates that the Boynton Town Center site plan has an excess of 43 parking spaces. Therefore, a cross parking / cross access agreement would be required at time of permitting (see Exhibit "c" - Conditions of Approval). The parking required for the 80 residential units would be 149 spaces. These parking spaces would occur within the four (4)-level parking garage of Building "H". As previously mentioned, the parking garage would contain 222 spaces. The first level would have 41 spaces, the second and third levels would have 78 spaces each, and the fourth level would have 25 spaces. The parking garage would provide more than enough to accommodate the needs of the residents. The intent is to share with the commercial uses. Should the developer choose to limit the access to certain levels of the parking garage, the developer should ensure the availability of these spaces for the residents of the apartment building (see Exhibit "c" - Conditions of Approval). Throughout most of the subject project, the internal circulation system would consist of parking lots with 2S-foot wide drive lanes. The Detail of the typical 90- degree parking stall shows that the parking spaces would be dimensioned nine and one-half (9- V2) feet wide and 16-1/2 feet in length with two (2) feet of vehicular overhang. The handicap space would be 12 feet in width with five (S) feet of striping and 16-112 feet in length with two (2) feet of vehicular overhang. Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 6 landscaping: The master site data plan indicates that 6.158 acres (30.2%) of the subject property would be landscaped surface. Much of this pervious surface would be in the form of the landscape buffer proposed along Congress Avenue. The Overall plant list indicates that 64% of the 194 canopy trees would be native, 53% of the 184 palm trees would be native, and 61 % of the 7,061 shrubs/ groundcoverwould be native. The plant list includes the following species: Coconut palm, Florida Royal palm, Cabbage palm, Washington palm, Slash pine, High Rise Live Oak, Mahogany, Pond Cypress, Pink Trumpet tree, and Purple Glory tree. It should be noted that the project frontage along Congress Avenue is very lengthy and therefore, facilitating the important role that landscape buffers have for the project, which in turn, increases the importance of having consistent landscape material between the proposed project and the approved landscape buffer of the Renaissance Commons project. Staff's intent is to encourage Congress Avenue to become more of an aesthetically pleasing corridor and staff feels that this can be accomplished, in part, with consistent landscape material. However, the developer has informed staff that while that it is also their intent to make the corridor as aesthetically pleasing, it is their desire to remain as an autonomous unit, distinct from Renaissance Commons. Furthermore, it is the developer's opinion that the proposed landscape plans provide above and beyond what code requires, and that as proposed, would be aesthetically pleasing in and of itself. Staff concurs to a certain extent. As a comprise, staff and the developer have agreed that along Congress Avenue, the proposed landscape plan should have the same tree species and quantity of plant material for this project, as that of the Renaissance Commons project, but that the species of shrubs and groundcover and its configuration would be autonomous (see Exhibit "C" - Conditions of Approval). The SMU zoning district requires a 25-foot wide perimeter landscape buffer around the entire project. This requirement of the zoning district would be applied to the west landscape buffer, along Congress Avenue. The landscape plan shows that Mahogany and Pink Trumpet trees are proposed within this buffer as well as Ixora "Nora" Grant, Sandankwa Viburnum, and Plumbago. Again, the above-paragraph describes the agreement between staff and the developer regarding the proposed plant material. A note on the Cortina at Boynton Village (NWSP 05-001) landscape plan indicates that "Spine Road Landscape by Others" would provide for trees proposed along the spine road. It also suggests that the trees would be an oak species. However, the proposed landscape plan shows the Foxtail palm trees are proposed on each side of the spine road. The landscape medians would contain Florida Royal palm trees, Ixora "Nora" Grant, and Dwarf Yaupon Holly shrubs. The function of the roadway is primarily to alleviate traffic congestion on Congress Avenue, Gateway Boulevard, and Old Boynton Road. As shown on the plans, the spine road would directly link Gateway Boulevard to Old Boynton Road. However, it does not show the plant material proposed on the portion of the spine road within the Renaissance Commons project. It is staff's intent to create a park-like boulevard effect for the spine road. This would be best achieved by incorporating canopy trees into the design of the roadway (as was done in the Renaissance Commons project) thereby maintaining consistency of plant material proposed within the right-of-way of the Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 7 two projects. The Renaissance Commons project proposed Live Oak trees along the spine road. In this project, the Foxtail palm trees proposed along the spine road would be inconsistent and disjointed from the remaining portions of the roadway. Therefore, at time of permitting, staff recommends substituting the proposed Foxtail palm trees with oak trees (along the spine road) to maintain consistency in landscaping along this roadway (see Exhibit "C" - Conditions of Approval). It should be noted that much of the interior landscape material (for the out-lots) has not been shown on these plans. The design of these out-lots are incomplete at this time and each out-lot would require separate site plan review. For all intents and purposes, landscaping is one of the only key elements of the site plan missing for Building "L". Therefore, staff recommends that foundation landscaping (with trees) be installed along the north, south, and west sides of Building "L". All other out-lots would require separate site plan review and approval (see Exhibit "C" - Conditions of Approval). Building and Site: The Mixed Use Suburban (MX-S) land use classification allows up to 20 dwelling units per acre. Boynton Village is just one (1) component of the Boynton Village Master Plan. The entire master plan is proposed at a project density of 13.69 dwelling units per acre. This phase of the master plan proposes a density of 3.93 dwelling units per acre. The project proposes a multitude of buildings and uses for this 20.33-acre portion of the Winchester property. The plans show that the majority of building square footage for this phase would occur along the mainstreet. The site plan proposes 11 separate buildings, three (3) of which, would be located on out-lots (or out parcels) along Congress Avenue. All the other eight (8) buildings would front on mainstreet. Mainstreet is designed with angled parking and flanked with six (6) buildings on both the north and south sides. Mainstreet would commence at the main entrance along Congress Avenue and terminate at the spine road. The mainstreet is proposed in an east-west direction and would have one (1) round a bout. Buildings "J", "K", and "H" would be located on the north side while Buildings "E", "I", "G", "F", and "D" would be located on the south side of. Building "L" would be located on the northernmost out-lot and its details will be discussed later in this section. Starting at the westernmost point of the mainstreet (at the project entrance along Congress Avenue), Building "J" would be located on the north side. It is proposed as a (2)-story tall building with 8,100 square feet of retail on the ground floor and S,OOO square feet of office space on the second floor. Similarly, Building "K", which is also proposed on the north side, just north of Building "J", would have 9,930 square feet of retail on the ground floor and S,OOO square feet of office on the second floor. On the south (opposite) side of the mainstreet, Building "I" would be one (l)-story tall and consist of 12,49S square feet of retail. Building "E", which is proposed just east of Building "I" on the south side of the mainstreet, would be one (l)-story tall and consist of 25,290 square feet of retail space. Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 8 The site plan proposes four (4) other buildings along the mainstreet, east of the round-a-bout. These buildings are labeled as follows: Building "H", "G", "F", and "D". Building "H" is the largest of the 11 buildings. It is proposed east of the round-a-bout on the north side of the mainstreet, while Buildings "G", "F", and "D" are proposed east of the round-a-bout on the south side of the mainstreet. Building "H" would be four (4)-stories tall and consist of both residential and commercial uses. Along mainstreet, the ground floor of Building "H" would consist of 23,468 square feet of retail. The residential units proposed on the ground floor of Building "H" would be located at the eastern portion of the building, facing the lake that fronts on the spine road. As previously mentioned, Building "H" would consist of 22 one-bedroom units and 58 two (2) bedroom units for a total of 80 dwelling units. The Unit Mix chart on sheet A1 indicates that the smallest unit (Al) would be 910 square feet in area while the largest unit (TH1), designed as a townhouse, would be 1,871 square feet in area. The fitness room would be 1,300 square feet and the clubhouse would be 1,550 square feet. Building "H" would have the four (4)-level interior parking garage. Building "G", proposed east of the round a bout on the south side of mainstreet would be one (l)-story tall and consist of 9,7S3 square feet of retail. Likewise, Building "F" would also be a one (l)-story building with 10,430 square feet in area. It should be noted that Building "D" would not be aligned with Building "F" or "G". Building "D" would have a row of parking stalls between it and the mainstreet parking spaces, thereby diminishing the "mainstreet" feeling of the site plan. Building "D" would be 28,000 square feet in area. At this time, the only completely designed out-lot is the northernmost out-lot, labeled as Building "L" on the site plan. Building "L"would be an 8,175 square foot retail building. All other out-lots would require separate site plan review and approval (see Exhibit "C" - Conditions of Approval). The maximum building height in the SMU zoning district for townhouses is 5S feet. Also, the SMU zoning district has a minimum building height of 3S feet. This minimum height threshold would apply to buildings that have a fa<;ade with arterial roadway frontage. In this case, it would apply to several of the mainstreet buildings and all out-lots. As per the SMU zoning district, multiple story buildings are encouraged along arterial roadways, such as Congress Avenue. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2)-story building. The northernmost out-lot (Building "L") is proposed as a one (l)-f1oor but designed to appear as a two (2)-story structure. The elevations show that the peak of the pitched roof would be 3S feet in height. This meets the intent of the SMU code. The east elevation of Building "K" would be 47 feet in height while the peak of the decorative tower would be 74 feet in height. This is a problem. Although the developer's intent was to meet the SMU minimum height requirement (along Congress Avenue), the plans would in fact, require conditional use approval due to the fact that a portion of the proposed building exceeds the SS-foot threshold of the SMU zoning district. Therefore, at the time of permitting, the decorative tower height shall be reduced to 55 feet or conditional use approval would be required prior to the issuance of any building permits (see Exhibit "c" - Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 9 Conditions of Approval). The elevations show that the south fa~ade of Building "J", which would be located on the north side of the mainstreet, would generally exceed 30 feet. Decorative trellis-work has been added to this fa~ade in an attempt to make the building appear as a two (2)-story structure along the mainstreet. On the south side of the mainstreet along Congress Avenue, the west elevation of Building "I" shows that it was designed to appear as a two (2)-story structure. The peak of the pitched roof would be 47 feet in height and the decorative tower would be 74 feet in height. Again, this exceeds the 55-foot threshold and would be subject to the same condition of approval as Building K. The same trellis-work is proposed to the west fa~ade of Building "I" as it is for Building "K". The front door of Building "E", however, is proposed along the east fa~ade rather than along the mainstreet. The fa~ade of Building "E" that faces the mainstreet (the north elevation) was designed as a two (2)-story structure. The peak of the parapet wall on the north fa~ade would be 28 feet in height. The peak of the pitched roof (proposed on the east fa~ade) would be 36 feet in height. The buildings proposed along mainstreet, east of the round a bout are designed to be compatible with the buildings along mainstreet west of the round a bout. On the north side of mainstreet, the south elevation of Building "H" shows that it would be 55 feet in height at the peak of the decorative towers. When scaled, the lower parapet wall would be 48 feet in height while the upper parapet wall would be approximately 52 feet in height. Again, the same trellis-work proposed on the other buildings was incorporated into the design of Building "H". On the south side of mainstreet, east of the round-a-bout, the north elevations of Building "G" show that it would be 27 feet - four (4) inches in height (at the lower parapet wall) and 29 feet - four (4) inches in height at the upper parapet wall. The peak of the pitched roof would be 34 feet - four (4) inches in height. The north elevation of Building "F" shows that the dimension of the parapet wall would be 29 feet - four (4) inches in height and the peak of the pitched roof would be 36 feet - eight (8) inches in height. Building "D" is proposed at 27 feet in height at the top of the parapet wall and 42 feet in height at the peak of the pitched roof. The SMU zoning district requires 20% usable open space for commercial and mixed-use projects. This translates to 4.067 acres of required usable open space. The Usable Open Space plan (sheet MOS) indicates the plan would provide for a total of S.401 acres of usable open space. It should be noted that the plans utilized the pervious surface of the 2S-foot wide landscape buffer along Congress Avenue. The plans also show that the plazas would also count towards usable open space. The master plan would provide a total of 23.8 acres of usable open space. Design: The Boynton Village Master Plan is essentially separated in half by the spine road. For this particular project, all buildings are proposed west of the spine road. The project is enhanced with easily accessible public spaces (greenway) that would be open to the public in perpetuity. The buildings are proposed in a modern architectural style and are aesthetically pleasing. The building facades are Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 10 enhanced with trim, banding, columns, shutters, medallions, score lines, and trellises. Staff endorses the concept of a mainstreet. However, the plans do have limitations in terms of its overall performance, appeal, and function. Staff did not envision stand-alone buildings on out parcels when creating the SMU zoning district. While there is no code to enforce this position, it was staff's intent to have a more "substantial" building at the northernmost out-lot (Building "L") than the other out-lots immediately to its south. Staff opines that the surrounding condominium and townhouse buildings should not dwarf the proposed commercial building. Staff also opines that this building should anchor the development. The applicant responded by proposing a building that lends itself the appearance of a two (2)-story structure. This meets code requirements of the SMU. The applicant states that the ability to increase the mass of Building "L" is limited by the zoning with respect to the total square footage of building area allowed within this parcel. Staff disagreed and maintained that stand-alone buildings were not envisioned for the SMU zoning district, especially along a major arterial such as Congress Avenue. Staff is disappointed that no elevations have been provided for the out-lots and anticipates that a developer will seek conditional use approval for one (l)-story buildings to accommodate the proto-typical bank or restaurant that are frequently attached to such sites (see Exhibit "c" - Conditions of Approval). Staff was hopeful for a new urban type of development but in reality the inclusion of out-lots only reduces the uniqueness and contributes to this project appearing like any other strip-commercial shopping center. The buildings would come in a variety of colors and have either metal or tile roofing. The project colors are proposed as follows: Masonry B1 Red B2 Pink B3 Pearl Gray Pavers P 1 Buff P2 Harvest P3 Charcoal Precast Sl White S2 Buff Fa~ade Body Color (EIFS or Stucco) El Abode Accent E2 Smoked Salmon E3 Muskmelon E4 Honey Gold E5 Nacho E6 Manor White E7 China White Awnings Al Sunbelt Black A2 Sunbrella Aspen A3 Sunbrella Linen A4 Sunbrella Terra Cotta Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 11 Storefronts STl Champagne ST2 Clear ST3 Terra Cotta Tl White T2 Off-white Trim Colors The intent of the SMU zoning district, where possible, is to border or wrap the garage in storefronts and other permitted habitable floor area so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing motorists. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space and are in view from the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to soften their impact (Chapter 2, Section 5.H.7.b.). Staff recommends that in addition to the series of arches proposed at ground level, a series of stucco openings emulating windows shall be added to the 2nd level. These openings shall be centered over the ground level arches. This wall treatment would give the parking deck less of a utilitarian fa<;ade and more residential character. In addition, staff recommends adding plant material to the north side of the parking deck in order to help break up that fa<;ade (see Exhibit "C" - Conditions of Approval). Within any SMU project, feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. Sculptures, fountains, gardens, pools, trellises an benches shall be encouraged within the site design (Chapter 9, Section 10.H.). The developer included a Hardscape and Amenities Plan that indicates the location of benches, ashtrays, planters, bicycle racks, trellises, and fountains. The detail of the outdoor freestanding lighting fixture (sheet SLl) shows that the height of the poles would be 25 feet in height. The poles would be round tapered steel black poles. Signage: No project signage was included with this submittal. Therefore, staff recommends submittal of a master sign program that shows the number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section S.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. It is recommended that the applicant provide a detail of any proposed outdoor freestanding monument signs and indicate their setback from the property line (minimum 10 feet), and include the sign area, dimensions, exterior finish, and letter color (see Exhibit "C" - Conditions of Approval). Staff Report -Boynton Village (NWSP 05-004) Memorandum No PZ 05-156 Page 12 RECOMMENDATION: Staff has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village SMU NWSP OS-004\Staff Report.doc EXHIBIT A BOYNTON VILLAGE AND BOYNTON TOWN CENTER I LOCATION MAP o III 'e Ql e 8 ::::: .5 & -.. III o .., Local Retail Commercial Industrial BOYNTON CANAL ..............................................11...' I \ i i i i ! i i i i . ! i = . .. i i i i r~~:~:.:~:.:~ LUAR 04-007 BOYNTON VILLAGE LUAR 04-006 Suburban Mixed Use 81.814 acres Loea' Retail Com ere'.' 25.00 aeres IIIl1IInNnI Commercial . lID tift W+E S - &II" m. ~.a""in9 ngmt; H:\047148OQ7-801'''10l\ V~loQt\HI46007 CAOO .... _..... l_~... ..,~ ,... _...".... ........ ,..._1...... \ \CONSr\2ONING_SIolU\SMU-t.lASTER_SIlE_PlN.dlll C I ' ...,_".__,.,.*....,__".~._~__:....:,_::',~..20'5 '''',m 0, "m."..." EXHIBIT B ~. ._.~. --. -H. 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' I Ii, I 3 hi III I' I ill",I.Ii II h ~ I Iii I 'I' '.- I I .'11 i" :~, I f i"; I! i' < '1'; ,'/' 'Ii j ! k ! I II ~ : Ii il!! 'II 'I IH Pl~.i Ii n U ll:il /1/ II . ! I,' 'I 'I II I'! I II I .._u_.!I!l.:~.:~.-H(:i ~\i j j" il ~.~ I I \ 1" ,I ~ ~F I, I 'II I I \ III _ ~ --.iJ II ' ~ ( ~ u II m H ~ ij Ij~ o S ~~ ~o BOYNTON VILLAGE - SMU w ~ & ~ z. DEVELOPER: ~ ~~ 51 ~;~~ ~~~GRESS AVE" L.L.C. tLORIDA OVERALL SITE PLAN C1COllOllr "" Adclition afo..tJol. 5 lItl<l 6 REVISIONS 3-15-05 lAY DATE BY Orowlnq nllm.: H,\Q.41'~007-B~~10l'l ViI<l~\47141l007\CAOO\OPEN sp"a: CIU.CS\Op",SP<lCI-SI\. Pllln-B.dw9 ""STER Auq 12. 2005 V:46l1m by. JIm,J...kln, EXHIBIT B I~:~ ~ '<" !i BOYNTON VILLAGE - SMU ~ i ~~ ~~ DEVELOPER: ~ e~g~ 1950 CONGRESS AVE., L.L.C. BO.,.,.,.TON BEACH flORIDA MASTER USABLE OPEN SPACE PLAN ::: :yOTUl /)[-:;:":'SOH ~_n KinIIy-Hom COR f\(Ml,I,II(GIS1IIIA1IOIlNl.-. .U nfAssodates,Inc. Ou...y lAY 51567 ,JR.*~~:_MlO~~~, o<<CICtO If ....-. (lilt) -...-s F_ (...) _117$ Mew SEIU. _.ICIlU1"__.ClIlI CIA___ DArr ey EXHIBIT B -.... ~., _.. """'"'" _ny.. -.......... _ __ no. I~I: Uil~s~.~ ~~ ~ m iiI r z ~ ;; ~ ~~ 3 i ~ ~ ~~ p ~ F= i!= P a g ffi ~~ -9 1< ,. 0 r ;= ;;;D;lN '" ~ . g; ~ tJ . . . n n n ~~ "t!;/!. '" " c ~~ t~ ~ ~ B ;l I , j ~ i ~ i \lJ i5 ~ 0 ~h" -< '~ z ~Iila.;,~ -l 0 I ~iU= z II ~~ < Ii ;= ~I ~ !; - m t! "'c --7 ~~i~ I ~i"m III ~= i ~ ~;~\l B : ~I! i 'Ia \i ~ii ,: il Ii ~ P OlOBOYKTONRO.t.D ::, "'~-"'=7:,~~,~.~~~,~...~~::::::~:::'~_^:7~~_~.._. r~:~;:=C'liirr"""!"",:'2~i~~~1:b;IZtt:rr'!),j~I,;] ~ \, I, \ r~l-.rf-T~\~'.~f.'~l' 1- "'! / --'--'-1 Ill, I:!,' ..l......_..LMo....L.....J ~ '. 1 .....1...__....:.._..0 :..~._._~..- "" II ~J! Ii: BOYNTON VILLAGE ~ ~ "~ b~ DEVELOPER: "i ~~~. 1950 CONGRESS AVENUE, LLC. BOYNTON BEACH FlORIDA SMU MASTER PLAN SCAlf"SNOTUl-lHCM;f;lt: ~_nKlrntey..fiom OOIQIU)"'ICHA ~:~u:s~ IIIII..J_U andAssoc:lates.Inc. IlIA"'" @...~_",._1EI,1C. SDS 51567 1OI11SfftIEI'.IUIt:__-.cM.nJaso CIlmlClIY I"MlllC (172) !IIII-JIIII rllll (In) 1t:1-tM1 COR _-.o_-.COM u._ POl: CITY Of eoYHfON BEACH PDt CITY OF IlO'rNroN lKACH I'lR CITY 01' BOYNTON lEACH RE...SIONS 1-3-~ DR 12-7-04 11-!l-04 DATE BY Or_in, "_: H:\G<l7141OO7-S."tOll l/IIo~\4714l1007\CAOO\C(lII$T\l0NING..swU\SI.lU-"ASTER-SlTE-PLH.dw, CS ~ 12, 200~ ':4&m by: JIm_Jenlt"" ___.........._ "'~"""""___"__'fIII_"_""IIor""''-___'" _. ____.._____..__. __......__......__,~_....~.... _..._-,....-..-...._.... EXHIBIT B Ii iii; I;i mili I:II,I'! llHi Iii iilj: II!!H llhil'!hnlil'; dl' III ~ dB !"~Ii iUi!lillllml~ll!lh III!IUI ~ ;ll! . 1m 1l1'-;'.;1 ~~'i I' IIF I"' 'll! I II i ! i ;II" !I:I,I 'I lId! ~ I I.', I _,, ! ll'I'!'! '!Il i. IJJiil ~ i 'Iii ! id Ii II dl' I'll I I'. ~ ~ Jiil : !!j 1 d' Ii I I I nilll I!II ::! ~ i! r I II! I iiil, .. .....--.....c "1111 _:n... a.!l (IJ,,$>> ,I ~ -I '" ~ ;111; ~ & ~ ~' ff', % ~ ~ ~I~;i!~ i II ~ ul < !. illlh II !I'l I~I. ;~ ~ dl! . ~ii ilia I';. ;I'fi'~ ii' ~!i I~I~J A i II~ ;fb~~5.. iiiG - ~~ ~~ 1;1;1;1; {'; ~ u i~ I! ~~!il n EIiI:~j~il~!~li:.~~~~~ U'9illnl~~~~~~lIi~ ld !I tll!I~~~ I iiim~~j'l rU~u UiiHPhle;~~'~ i ,I' h. o.:go li II ; ~ I ~ . i i Hi ~ ~I~;~! I~ i m j ! m ~; I I ! .....1 ~ II M'" .~---j..~ ,.1 · "I"'.-F. is !~p~.' "'."~cLHinh!i 51 It I! <:I ~~Ii -l......~.. .~~ ~ ~ ~~ :5 BOYNTON VILLAGE - SMU ~ i ~~ g~ DEVELOPER: ~ g~ 1> 1950 CONGRESS AVE.. L.L.C. BOYNTON BEACH flORiDA SITE PLAN -.LAS NOTED <<- - ~_n KimIey-Hom -IYCDR n:~.=~ .U endAssoc:lM.Inc. OlI"'.IV lAY 51567 44.l<P~::~n.",~, ()lfOC[O tT "'- (....l ___ ,_ ($11) ."...", RCW _.-.rr-NllMt1Xllll CAODIIOlIMt RE:'o\SIOHS OAtt BY EXHIBIT B Dra...."1 nil-': ~:\047I48007-eojt'l10l\ l('IjoQe\4714l1007\C.f.OO\CONST\Z0NINt:~U\S"'U-lotASlt:R-SITE-PlN.d..'l C6 Ai,tg 09. 2005 8:ooom by. Jlrn........klnl s: ~ () :x: r Z m en :x: m m -< () '" iiq I -~ . ~~ r ~f ' ~ r z o -< ."l!! Sliil i~ -<0 :DjrO ~o( is z ffi ~I :;: BOYNTON VILLAGE - SMU ~ ~ ~~ g~ DEVELOPER: ~ ~~ (l 1950 CONGRESS AVE.. L.L.C. eO"I'NT0t4 BEACH FlORIDA ~ ~. ;0 ~~ !;::! ili~ @~ o MATCHLlNE SHEET C7 1\111i =; .3i Ii~il: Ilill r ili rill'-I: ~i illl; I !;!lilii;;iUl'IiII,I;~I.II:ililli !Plil!!I;!~!111111 i 1111'1" dillSII' .111 (I nlll. J li~i!'!III!Wlii,m liiii;; ii m i}ii!l!!1 r i, h II!I II ,I hi! hili. I .' . I '1 I. . >: <. z' i~:<$ SITE PLAN JtAl(ASNOlm K_DGrIIDt ~_n KkIWtHom ~ft Q)II =~:~ IIIIIJ_U IndAaoclalea.Inc. .....ur lAY 51567 ~@~:_.....:-::...~~ ClCOiCEO IV - (MI'........' ,_ (III) ."'''1llI "CW SEAL ....-.atT-__ Cl....... OArt 8'1' RE~S1ClHS Orowi"9 11(1"'~: K\0471411007-Bojflton V<lloqe\471411007\CAOO\CONST\ZONINC_S/.4U\SI.IU-lIIASfER-Snt:-F'LNd..q C4 Auq 09, 2005 7;590m by Jim.Jer.kills EXHIBIT B ~::~~~~~~~~=~==~==-=~=~~~~:~~~~=~=~~~~~:~::;~~::~~ I 1___ _-' _ _ _ _ ___ _ _ _ _ _ _,.(;r2i:''g-~~;''';;_N8;::5cT_ _. __ _ _~_BOYNJ,9~~~LC-16 __ F nr!h:,iY~N/Wj(' 1 j _ ~;i-~~~~~~ ~~~~~~ ~~ ~=_:~~;~~~~~~:;~~~~-~~~~~~~~~~~~~~~~~~~;; I " ~~ I ~ I ~ """ _"'. ,_.............. ........\0..... """",. .....__ ..._......... ,., _""..... ..,..._..... ,.. IN ."'".. '_OM... <I_I'" _ K _ .,_.... _ or........_ ,_.. 'hi, _.... ._. ....1.... ..1........_..' ....I.t_ '1"_'__" _ ..--. ................... _.... l<O _,.- _ _I...... ;0 <0 ':IZ >' G) '~ ;0 "m 3 len ,en ~~ < ~m Z c m - :}=-------l ~ - - ~ - SMU-PARCE 1 i II r RESIDENTIA 5 1.279 ACRE. II ~ t ~ i g ~ I ~ i ~ i I i ~ I . II II"' m'l 'AI<' I Illp,:111 .'" I II 'H! 1'1 ~jI lid ~! · ' I', !~ i I ~ 'I iii I I I II i SITE PLAN ONLY NOT FOR CONSTRUCTION ~ n lil BOYNTON VILLAGE - SMU n ~ ~~ o~ DEVELOPER: .j>. ~ 8;;;;~ 1950 CONGRESS AVE., L.L.C. l!! ,,0 0. BOYNTON BEACH FLORIDA SITE PLAN . : I / _____m_-; l<, it , \ ~ ;l:l.:::i~ a~~)) Q)C)::tJ~ A'f)i:~ ns:~1li ~~~:::: CJ,j"'-l,r-.: -I::i.. \ MA TCHLlNE SHEET C5 !I ~ I~:~ I!!! I!i !;!i!'!UI!!! ~!~!~!!!I!i!i!'Il!li H !mll!:lliih~1 ~ll;I:I;J!lhu~~ ;1/ H~ :"""",ml 'I:'! 1l~llflll~'15p~1J f .1!IP 'JJI'I"'JIII.II 'j Illrll'" ~ I lllH: :Ijll' : li:;:jih Iii;: 11!~~P fJlli nt to,,! to ..="..t..... d 'I,i!: ultlhlllltl!" fJillllll!IrJill. ' l!ll ~ If 'l/ill "I'l'l If I 'I, ~ '11111 l'i"1I11 ,11\' . . 1"1 "I I' " '11' I' {U'l' ~"'l'l"frt I II IJ !!i'j~Hllii; !j!f':j~j:H!Hi r Ih. lull! 11111~:~i ,II JJ III!..!I! I f..: '"1,'jI! f!:lf'111t! I;, il',li,lllffl ~ illil 1 i I '11- i 'II. ". 'I I' , I~:! I ,i. 'II,. Ii 1{'I{'li I:!~ I hI; JI; 'I' jl " ,. "~ 'I f 0"1 Iii ! 'Ih!~! i ill, !Ill~ll I! ! _ · ,I! , I '--..ll 'II Ihll I,;: f .,1 S! i m !il i lij ~;j;!j : J i i :1!J II : l~i i'~ ' ;! ~lil~ !! ~ f WI mllll!! '11!~!j!I!~!llii i ! II! i~l!1 1111111'11111 *1 U c'I'!'1I "III' '!i' !,Ii l~.:i I'i !I';, 1,,1 !d', ! ' ~'~I'"' ,,: I~' Ii ~.i , ft"lll jlli , II I',. Iii i il! W 'I' I 1i!1 i!i! I.i · ,II ,., a ! 1 1< 'Ill " ~ Iii a II ; : !Il 'I ~~ I iii ! i : i ;! Ii!, SCAl.l"SNOTE000l0l11GtUII: ~_n~ 0(_01'1" RUSSEL1MOftftIS(X4. IIIl..J_U =.~ COIlPl.alIOtIJlf:cn"",__. .1Ii.I~k1c. Ofl......y lA-V 51567 4.~=~"'~~~~"" 0\(0((0 11 _, (tll) loiS-OMS r_ (Ml) "J-"~ ROol ,"",,-.IY-HCIllltCOlll e../lOlIOOItIIII REVISIONS DATE BY --~------~- o 0 o 0 ~c _0 ~~ ~~ ,,:II: In il: ~ n ." .. o o :lIl ,. e o 0 o 0 ~ ILIl o 0 o 0 o 0 o ,sr o o o o o o .. ---_._~-"_.-_. - --_._---~----- o 0 0 0 0 o o o o o -_.._--_._-~~---_._- o o o o o o !:: i.> o ... lIII n :II: m il: ~ n ." .. o o :lIl E . c 6 i GI . m ,. z a "tl m <0 (")Zm omc ti!!lF -l0S2 ;O;oz C-<Gl (").- 6~':' Z ;0-'" 10<'0 (J))>"" "tlZ(J) ;0 -l . zr=:T1 p~ m ;0 m o '''1' ::;! "tl m <0 (")z om zen en-l ;ti~~~ ~-:<oF -l;;:::8S2 omenZ z;o"Gl . ("). 0 en)> "tlZ ;o:::::! ~~ r-_ m ;0 m o m c "TIF ;oS2 oz ;;:::Gl ",0 ~ffi ;;:::(5 -::r: ;Z-t -ten 0'; 8;;0 ,. -< 0_ ;;:::z ~~ . Z Gl m o o o o o o o sr EXHIBIT B u p IlJ go 1<" oil i c;; .ill~ 51. 1S~ . ~ i ~ ; i filIi I .' 8." ~ c .- 8 ~ i I I I ! I~;f! ~ ~ ~ 0 ~ h~~'i ~ ! , '" ~~ j~ i I ~ I ! !I ~ ~ i I ~ "I ~ ! ; ~ L ~ ~ i ~~ i!. 0 -i ~ ~.P I ---=--~-~~ ~.. ~.. J~ ; !:~ II ~.~ i F i~ ;~ i . .;:) 0 ~~ ~ ~ ;.. ir! i ~ ;8 . . H ~ ~ i " " !.8 " if if ., I' 0 " oil i ~a ~ ~ :::[ .. .. p ,,--<W ,,~ -: ;!!I mo. o' ~~~ ~~ r: 0 0 ffi~cn ;om ~ ;0 8~8 ~~ 8 -a ---<", ~6 ;0 ~ ~--< . " ",=<:'" Z "m=<: ",;0 r; "'....j/' ji~ z Cl ~~~ '" m .... m ,. ....z Z :::loom ~~ ;0 m !i1il;~ m " ~ -0'" ~~ 0 ~."c z r- " ~~~ m Z ~:l1 " !:l ~~ --< il;mm ~ o~~ m --<Z'" 51 z en jl;"--< ~ ~ ....g~ '" ~~G> P ;0 ~!Il~ m :...!!J , ~-c ~,. E 11I11I >- I j : '" C) -,::I n ::t:: , 'T> Boynton Town Center 'jUri :I: CO' 8 I" ~ ~ 'Ilii! :::c ;0 Mixed Use Development iil .;- ~ .... -,::I ~Q MH'dI~"'_ ,I. :::c ~ ~i BoJ'llIofl Ji.d: F70riU Wil I I ; :::c~~ .A. .0 ~ () . m--< Lj -- -- .r. .... ~ W ~n 88 ill.1 '" Tml1-rrm m "TIS ;or- 00 -l;;:::z o",Gl :iEOl!m m;;:::"" ;oz- )>' ::r: -l-lm ::r:o(5 m....::r: -.....-l ~s:cn -l~'; O. ;0 "TI:iE-< ~5!z :i!~ mG) m ::;! "tJ m <0 (")Zm omc ZcnF cn-lO -l0- ;o;oz c-<G) (").m :::::!;;:::, Om'" z;o9' .(")'" !{j?ii:~ ;o-l~ zr=:-n p~ m ;0 m o ~ sr- sr b::: ~ ~ I ,,,,. =< y,! =< lD ~l> "0 :~ " C "0 ~:" m ;0;= m "A <0 00 <0 "lD ~( 5f: S:z OZOJ "'G) OZlD ;o~ ~~ Om~ "2" 0, omC s:!2 ~; Zen, .!.,;I Zen- ~d!2 ~d2 ",Z s:!!! O!G) P't i: ;o;oZ ~ -G) ;o;oZ S:' ~ ~ C-<G) ~:!i C-<G) -I o . " O. , ~!!! n :::!s:.:. d~ :::!s:. / Ome ~r -IG) ... // Omo:> OI .. Z;o:,. ~~ Z;o:", w -I 0 'Ow .0..... 0> en ~ 0 / en~e clo-< en~<n s:;;;; ;II // "OZen ;;:;~ -czen ;0 -I ' "lI / - -." ~( ;o:::!:.,., ~;o i / z, ' ~Z ZFii" , -< ;>;m , G) ~- / ,~ m ~ m P'r III ;0 ;0 C m m 6 0 0 ".. i Gl III ~ ... ~ a Gl =< ~f "U :~ OJ m C <0 ,,;= OZlD ;o!2 omc oz zcnF S:G) en-lo ",G) -10- "2 I ;O;oz C-<G) J,.m O'G) ;;:;Gl :::!s:. . Y,f _I Om"" Z-I Z:::O"'-....J , , en '00. -1< en~w O~ -CZen ~;o ;O:::!:.,., - -< z ~. ~~ ~z p- s:~ m ;>>z ;0 m G) 0 ~ m "'.. ---:C--i(o> ~8';l .... ~ :; ;~~ J;;~~ 0 6 :a 88~ ~g; ..., !il s: ;:i!: !;1o ~ z =6~ ~i '" m ~ z ~~R: m !i!"'o 8i!i I rl ~~ ~'" ~~~ -<~ z ilili ~~ ffi !! '" ili jlJ ~ ~ ~ ill , 11 n Center ~oY:rU~e D~elopment Mu:e _"-,,,,__ &)'IWOIIBitId.,F1orltM ~ ~ :b. .i ~Cj 88 iil 1'!1Il 1',li' ,1,:111 fll!!. 111'il I! .1 EXHIBIT B o-eo E.!:. era: :i' :r "'OJ Dlr- iil -, DI fIl , '" :.. ..... tn fIl ,... o-eo !:. E. 0:0: S'S" "'OJ DIG) i (ii' 'w :." tn '" fIl ,... Dl ::J a. 0;' :e 5' 5' o-eo 5. E. 0::0: S' 5' "'OJ !!l ." ~~ o :". '" o fIl ,... 3Ui'~ ~ CD'!;!, ~ 6 ~~~ z aClle: G') i'!CD ~-; g ~ b;~ ~ gl!l~ g !Jl ~~ 5 =-~< 6 ~'g ~ Dl~ m m~ c: Ol!:l G =g 2 ~ ~ Gl CD::J .... ~~ C) ::~ &. fIlCD r- Eta. '< Dl ::J a. 0;' ~ 5' :f CD !!!. 5' ~ 0- m Dl ::J a. 0;' ~, :f 5' ::J' CD !!!. 5' ~ 0- m :f CD !!!. 0- ~ 0- m > c:::> ""CJ ig"':::t: "- I~~~I'M=I'M ,,~.! ~ ~ - ""CJ ~15m I'MI'M jI9~~ ~,~ in ell (;) a g ~. 0__= o"'u o c c -6:fw ceo ~. ~ ~ "'OlE; "0 ~ C C 0. ~ :. $ 5" Dl n ::I. u 0 N Ql::J 0 ~~~ f>- 0 UI ~ ~ C _"0 o " g: ~ ~ ~r "" ; ~. (b ~ ~~ cO: ~~. c ^ Q: (ii" ~91 ~g 0.0 S' (/I "''' ~ ~ c ~ ~ 5' c ~ c ~ " ~ . ~ 0. ~ ~ S l~ ~~ ~~ 2:(ij' c <0 [~ 0. 0 5' CIl "''' ~ ~ c ~ !>> ~ il ~ " o Q ~ ~ ~ S ~~~ ~. ~ Di (/I ~ !2: ~. ~ tb ~-'" ~~ s: B - c_ 83Q oC-l ~~~ c _ n< 5' 8 '" 0 c ~ Oi 2 ~ g. o ~ ~ ~ c ~ 0." sa ~ ;; -u ~ C 00. -< s: ci-ii c"oc @ 5:' :J~~ ~!~ ~ 0 ",5'0 b~g oC-l ox,< ~ ' " ;-g~ :.:< l~ C ~ ~~ ~g o ~ ~ c ~~ ~ ;; ~U ~ C 00. -< ~ ~ I~ a.:) G ~? ~ ~ m ?:; ~~ ~ ~.~ ~ ~~. 0 g ~ 5 ~ ~ 5 c u Z ~ & : ~~ ~ ~ ~ ~ ;:: '" ~ ~ 1i' o ~ ~ ~~~ @ CD (il a g ~. 85'= -5; ! me 0 ~. ~ 9 ll'l CD 5 '0 ~ C ~a..., -i{g 5 ~ g ~. C 0. ~ ~8~ -, c si g: ~ ~ ~r _'0 ; ~. L~~ .- ijf~-- ~~ ~~~_. ~~~ a-~ IDE wE ~.~~ ~~~ if ~~. ~~. ~~~ ~~f? 2"- mc..... we... m... m2i- ::" !_~ ~~ ;;8 ~~g a~ ~g ~g 8~Q ~~~ r! ~.~ ~.~ ~e:~ o~~ ;:1. ~o IDa ;-g-! ~g-! g~ ~~ ~g Et< ~8 f: : ~ ~.~ ~:Jt~ ~ ~ ~ ~ ~ g ~ S' 0. 0. ~~ ~g. '1 ~ ~ iJ ~ ~ f ~ ~ 0' a ~a 5: 0.. 0. -.;- --CD s- (ii" in" ...... Sl ....... 0 0 ~ ~ gi!. g[ ~ S' 5' -< -< IX> C (; Z '" ~ ~ o ~ o z en IX> c (; Z '" ~ U sr : "'~ ~ ... c .. III n z m il: ~ i'i ... o :Ii m :II on ... o o :II .. ~ z ar c ;: CI Z Gl III L ~ CI :III ~. r~ 0" ~m !B<: "'T1C1i::""" 8 ~ ~ ~ sr[ ;:O-l:>>OCD ~~~~5 - ('");=, r i"'_ ~::!l!!s::Q ""[ ~~~~B ,,'S2c^ s::enzc m"men ~[ ;:o2:!enm ('")z$, ~~ i"'_ r m ...~ m o,.~ ~~ ~.. :'11I ..n ~z III ! i'i c .. .. m :II on ... o o :II .. ~ z ar c ;: CI i &l L ~ CI :III ~ c " " m " <: !B ('") " o r tJi g -I ;:OCD ;:OO1CDC ?5g~F -10_0 O9'ffi~ z." en \.1.1 . en ^ o ('") (") c " :>> z ('") -< EXHIBIT B ~ c " " m ;fl <: ;0 (") " o r Z g ~ ;:0 ~g~s; ~8!Q5 09'ffiZ Z"enG) - en..... o ('") ('") c " :>> z ('") -< en " ;:0 Z P m ;:0 m o ;:0 o o " CD m ~ .'" $'- ~i~ ~ ;!! Ifi!~ 0 J;;i!1~ 0 ~,,~ ;n '" ~,~ ~ ~ ill;!;' 2~ ~ Iil~~ ~~ fi1 ~~1Il ~ z ~~ m -~~ ~ ~ ~~~ ~~ ~~ ~ z: ~ ~ ~ Ui ~ '" en ~ ~ ~i;! ill ~~ ,,0( ~.. E ;:0 o o " CD m r o ~ "'~ en " ;0 Z ^ r m ;:0 m o I lmll > Ii: '" C) -c (") :::I:: " II.' co Boynton Town Center !IUII :r I't'1 I't'1 ::=c Mixed Use Development iii ~'rB -i -c ~~f{;';z lliii I I ; (") ----I j. -i !!I. I II> ~ m r m ;; -I o ;:0 r o CD CD -< ~< O:>>I ,,;:Om en-<G5 ~~:Il=i OC;~~ ~-:!wo - ." ""l :::tJ Cl~J:;~ ;:0,,-1- -1-05 ~('jl$z <I -G) !BgJClen ;:0..... ;:O"llo gs;:^ 6J-I ~ p-. p-. p-. BUILDING J 2 - STORY - MIXED USE MERCANTILElBUSINESS) TYPE IV CONSTRUCTION - SPRINKLERED LOWER FLOOR 8,100 Si~MERCANTILE p-. p-. p-. p-. y. ~... ~ EXHIBIT B ~ &~ .. ... I I ---@ ,1.1' C> ~~ ~o ,1.1' m~ &" ;n ~ 9'" l I ~ . ~ ;<J> m;<J >~ Fa m ~ en p ~ --< LU!i ~~~ h~ ~ - 1JI ~~ ;n", ~ ;<J~ ~~ Fa, .... ~ en p :!l ~ :i! ;<J c: o '" '" -< ;<J> ~~ ~> m C> C> en p :!l L_____J ~ ~ ~~ ~ .~~~ :." I i ~.-~~ ~ ~~. 1- ~ ~ il~ ~- ~ :!l ~ 3~ o b S ~ ~ ~ ~~~ ~~~~ i~~~ ~~I~UU g I ~ ~~~ ~~~~ 2~~~ ~~~~!~~~~ i~ R .~~ %Q /; Q OC %~ ~~oc 0 p~~ ~~~~ ~~~~ ~~ ~~~g Z I~i: %~ jfi ~ ~ "," 'ii!"" ~ ~ G> ~~8. ~7~~.-. 7~~~ ~~~~~~~~ ~~ ~I~ I ~8 ~ ~ ..~".. ~ Po ~ ~ ~p~~; ~~ "~.~ ~= "g~ M m. mO ~~ ~ m~1 s~ ~ ~~ ., ~ m~ ~. JI ~ ~~ ~~ ~ o~ Ii ~~ go ~ ~ Q~ .i I ( ~ .~ ~g=i~~Pi!~~~~6~.a~~~ ~~~M~~~~J~~~~~i~~~~.g~~~~~~~ z ~m~mPm~ m~~~C~~" ~ ~~OOi~~~mii~i~~ei~I~~~~~~m~ 0 i!i~~~~i~lil~l~ii!l! !~i;I~~i~i!~~!i~~~;~~~~i;i;! rn ~~~I~~Q~~~~ ji~~~~~~ 2~m-~~~~~!i~~.~~ M~~ ~j~~~O~ IIF il! ill Il!l'!l! 11!1!1!11~;I!II;~11 IiI illlill ~~ Seffi ~~ .' ~ ~~~ ~~~' . ~~~ ~ ~~s ~~~=' ~ ~ ~ Q F.e S ~ ;;! ~ z ~ ~> I~ Boynton Town Center ..,... &.do FIod1o LIDcciln Prop<<ty Olmpmy "IIIJ III' Ij:jj !Iii II Niles Bolton Associates. Inc. ODe Buelm.ad. Plue.. 101O PMelav. .... 1ft. hI"_ .........- *__-"t800 .... *____0 .-- III ~ ~ i I I --- - - .-. --- lfOT~roJI~. h e ~ ! EXHIBIT B e ~ ! ..'.... A~~ HIl' II Nilell Bolton Asllociates. Inc. IP ~ Boynton Town Center "111 :> rll' One Buekhead PIau. ~ ~ i I """a.dl I'IorIdl Ij:ii I 101O ............. ..... .... ... .... .... 00 . . -- f UacOIn Property Oampmy !I:j ....__-'MDG E:E hlr: 404i___mo .bI-...........-- IIUT .......-uroa~. ...'.... H if .. i . ~ . - [Jl! i~ ::'01: mOl: ~ ~ - ~ r- g go e ~ ~ g ..'.... I ~ ,"'-tJ' q q ~ i t i . ~ . - !II if!!! 1> SeD. mr: Q - ;r ~ I ~ ~ EXHIBIT B ~ ! ~~ ':. ~'..ri d} ,n, '" H, ',' __ "",.,.. _ _ _ .~ ,"'-tJ' ~ A~~ \III' II Nilell Bolton Associates. Inc. IP ~ Boynton Town Center " 'I' ~ .11 . One Buekhead Pia_ ~ ~ I I IIopabaIlod FIarIIIo lI:jj I 101O .....u-. .... .... ... .... - -....... f LIDco1D PropeI1y Olmpeny Jill . . -- 1:1 Jlu *___'1110 .- IIOT ......~ EXHIBIT "C" Conditions of Approval Project name: Boynton Village File number: NWSP 05-004 Reference: 3rd review plans identified as a New Site Plan with an August 9. 2005 Planning and Zoning Department date stamp marking:. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Full Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 2. 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: 3. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. COA 08/22/05 2 DEPARTMENTS INCLUDE REJECT 6. 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 project, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 8. The Fire flow test conducted on November 8, 2004 cannot be used as fire X flow information. Only when the connections on the east side of Congress A venue are connected can staff evaluate the fire flow for the subject project. This condition will remain and no building permits may be issued until fire flow test are conducted and determined adequate by staff. 9. All one (1 )-way traffic access shall be 12 wide in the clear. X 10. The clearance of the first floor parking garage shall be 14 feet - one (1) inch X in height. POLICE Comments: None X BUILDING DIVISION Comments: 11. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 12. Buildings three-stories or higher shall be equipped with an automatic X sprinkler 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. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. 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 COA 08/22/05 3 DEPARTMENTS for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. INCLUDE REJECT 15. Add to the residential buildings that are depicted on the site plan drawing a X labeled symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same unitJs 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). 16. At the time of permit review, submit details of reinforcement of walls for the X future 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 dwellinl! unit shall comply. 17. Bathrooms and kitchens in the covered dwelling units shall comply with the X Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the Fair Housing Act is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the olans. 18. Add to the floor plan drawing of the recreation building a breakdown of the X floor area. The area breakdown shall specify the total area of the building, covered area outside, covered area at the entrances, total floor area dedicated for the recreation building and other uses located within the building. Specify the total floor area that is air-conditioned. Label the use of all rooms and floor spaces. 19. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 20. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time ofoermit application, F.S. 373.216. 21. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. 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. COA 08/22/05 4 INCLUDE REJECT DEPARTMENTS 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) 22. At time of permit review, provide a completed and executed CBB Unit of X Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 23. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 24. At time of building permit application, submit verification that the City of X Boynton 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. 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(t)) 25. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 26. The full address of the project shall be submitted with the construction X documents 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. 27. Add to the floor plan drawings of the individual units a breakdown of the area X within the unit. The area breakdowns for each unit shall specify the total area of the unit, area of the balcony, total area that is air-conditioned and, where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the area of the building. Indicate how many of each type of unit will be on each floor and within the building. COA 08/22/05 5 DEPARTMENTS INCLUDE REJECT 28. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: a. Common area covered walkways; b. Covered stairways; c. Common area balconies; d. Entrance area outside of a unit; e. Storage areas (not part of a unit); f. Garages (not part of a unit); g. Elevator room; h. Electrical room; 1. Mechanical room; J. Trash room; k. Mailbox pickup and delivery area; and 1. Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 29. Building "H" meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: 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 th the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 30. A van accessible parking space is required in the parking structure per 2001 X FBC, Section 11-4.1.2(5)(b). 31. Accessible parking spaces shall be provided within the parking structure per X the 2001 FBC, Section 11-4.1.2(5)(a). PARKS AND RECREATION Comments: COA 08/22/05 6 DEPARTMENTS INCLUDE REJECT 32. Impact fee: 80 multi family units ~$656.00 each = $52,480.00 X 33. The design of the "greenway", proposed along the east property line shall be X in conformance with the Greenways Standards. The "greenway" proposed along the north property line shall resemble the "greenway" proposed along the south property line of the Renaissance Commons master plan. FORESTERJENVIRONMENT ALIST Comments: 34. The Landscape Architect should tabulate the total existing trees on the site. X The 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. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]. 35. Staff recommends that, where possible, the applicant preserve all existing X desirable trees that are located within the proposed landscape buffers. fEnvironmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.1- PLANNING AND ZONING Comments: 36. The project is subject to the limitations and timing at which development may X proceed as outlined in the Palm Beach County Traffic approval letter or the conditions contained within the CRALLS amendment upon its adoption. 37. All proposed buildings within the out-lots shall be at minimum 35 feet in X height per Chapter 2, Section 5.RA. Conditional use approval would be required for each if less than 35 feet in height. The east elevation of Buildings "K" and "I" (at the peak of the roof) would be 47 feet in height while the peak of the decorative tower would be 74 feet in height. Although the developer's intent was to meet the SMU minimum building height requirement along Congress A venue, the plans would in fact, require conditional use approval because the proposed structure exceeds the 55-foot threshold of the SMU zoning district. Therefore, at the time of permitting, the decorative tower height shall be reduced to 55 feet or conditional use approval would be required prior to the issuance of any building permits. 38. Provide floor plans (sized 24 inches by 36 inches) of all buildings proposed X on the out-lots (Chapter 4, Section 7.). If lots will be site planned in the future, then the Design Manual shall be approved to ensure architectural consistency (including building colors and signage) between the out-lots and the main parcel. COA 08/22/05 7 DEPARTMENTS INCLUDE ,~ 39. This project would require a total of 950 parking spaces. The plans would X provide for 719 surface parking spaces and 222 parking garage spaces for a total of 941 parking spaces, a deficiency of nine (9) spaces. However, the intent is to share the excess parking with the C-3 parcel (Boynton Town Center proposed directly to the south). The Master Site Data Plan indicates that the Boynton Town Center Plan has an excess of 43 parking spaces. Therefore, a cross parking / cross access agreement would be required at the time of permitting. 40. The parking required for the 80 residential units would be 149 spaces. These X parking spaces would occur within the four (4)-level parking garage. As previously mentioned, the parking garage would contain 222 spaces. This surplus would be more than enough to accommodate the needs of the residents. However, should the developer choose to limit the access to certain levels of the parking garage, the developer should ensure the availability of these spaces for the residents of the apartment building. 41. The ledger sized colored renderings show that many of the buildings would X have awnings but the site plans of Building "L" does not show their extent beyond the building line. At the time of permitting, please revise the plans of Building "L" and show the extent of the awnings. Staff recommends utilizing a dashed line to depict their extent. 42. On the site plan tabular data, indicate the proposed floor-area-ratio (excluding X the garages) to ensure compliance with Chapter 2, Section 5.HA. This statistic is based on the entire SMU parcel and should include the other developments proposed within the SMU zoning district. Don't just provide data for iust this portion of the entire proiect. 43. At the time of permitting, all elevation pages shall indicate the exterior X finishes, roof material, paint manufacturer's name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). Also, provide color swatches and awning samples. 44. The intent of the SMU zoning district, where possible, is to border or wrap X the garage in storefronts and other permitted habitable floor area so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space and are in view from the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to soften their impact (Chapter 2, Section 5.H.7.b.). Staff recommends that in addition to the series of arches proposed at ground level, a series of stucco openings emulating windows shall be added to the 2nd level. These openings shall be centered over the ground level arches. This wall treatment would give the parking deck less of a utilitarian facade and more of a residential flavor. In COA 08/22/05 8 DEPARTMENTS addition, staff recommends adding plant material to the north side of the parking deck in order to help break up that facade. INCLUDE REJECT 45. The intent of the landscape code is to screen vehicular use areas (drive aisles X and parking lots) from roadways and abutting properties. Landscape buffers adjacent to roadways (internal and external) should contain two layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall. The continuous hedge (2nd layer) shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip-to-tip spacing immediately after planting. This hedge shall be maintained at four (4) feet. Also, within these buffers, the proposed trees shall be spaced at maximum 30 feet apart from each other (Chapter 7.5, Article II, Section S.D.). The landscape buffer along Congress A venue shall have the same quantities, and species of trees but different species and configuration of plant material proposed within the Renaissance Commons project (Chapter 7.5, Article II, Section 5.Q.). The City Forester will coordinate this effort with the project landscape architect during the permitting process. 46. No shrubs are proposed in front of any of the buildings. Staff recommends X installing decorative 45-gallon planters in front of the buildings to help soften the hardscape surface. 47. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.CA.). 48. Staff recommends submittal of a master sign program that shows the number, X 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. Provide a detail of any proposed outdoor freestanding monument signs and indicate their setback from the property line (minimum 10 feet), and include the sign area, dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.). The property line would be measured from the edge of the right-of-wav line for the Spine Road. 49. Ensure that all buildings maintain a front yard build-to line (along Congress X Avenue) at no more than 90 feet, inclusive of the 25-foot wide landscape buffer. 50. The building proposed within the out-lot (Building "L") located at the X northwest comer of the SMU project should contain a more "substantial" building than the other out-lots immediately to its south. The surrounding condominium and townhouse buildings should not dwarf this proposed COA 08/22/05 9 DEPARTMENTS commercial building. This building should anchor and be similar (in size) to the building proposed within the southwest out-lot, proposed in the C-3 parcel. Stand-alone buildings are discouraged by the SMU zoning district. Building mass can be increased by building size or through architectural desi without increasin area. INCLUDE REJECT 51. The bridge over the C-16 Canal offers the opportunity for a signature feature; X please consider, Also, please include an 8-foot wide multi-use path on this bridge to connect the greenway paths of the Renaissance and Village projects; coordination with others should achieve consistenc in desi 52. Staff recommends adding / repeating signature features at both sides of the X main street entrance (along Congress Avenue) and at the northeast comer of the eater ro'ect (at Old Bo ton Road. 53. Improve the pedestrian link at the main street entrance between the Congress X Avenue sidewalk and the pedestrian system that should be in front of the main street buildings. Enhancements are only shown on colored Master Plan document but absent on site Ian set. Revise lans accordin I . 54. It is staff's intent to create a park-like boulevard effect for the Spine Road. X This would be best achieved by incorporating canopy trees into the design of the roadway (as was done in the Renaissance Commons project) thereby maintaining consistency of plant material proposed on within the right-of-way of the two projects. The Renaissance Commons project proposed Live Oak trees along the Spine Road. In this project, the Foxtail palm trees proposed along the Spine Road would be inconsistent and disjointed from the remaining portions of the roadway. Therefore, at the time of permitting, staff recommends substituting the proposed Foxtail palm trees with oak trees alon the Sine Road to maintain consistenc between the two lans. X 56. Staff has concerns with the lack of information regarding the future build-out X of the out-lots. Staff wants to ensure consistency and compatibility between the out-lots and the main parcel with special emphasis on architectural design, project signage, landscaping, and building colors. Therefore, staff recommends the following: Creation of a Design Program that includes but is not limited to architectural design, signage, landscape, and building colors for each out-lot and its relationship to the principle buildings. The design of these out-lots are incomplete at this time and each out-lot would require separate site plan review. However, for all intents and purposes, landscaping is one of the only key elements of the site plan missing for Building "L". Therefore, staff recommends that foundation landsca in (with trees be installed alon the COA 08/22/05 10 DEPARTMENTS INCLUDE REJECT north, south, and west sides of Building "L", unless the developer chooses to site plan Building "L". All other out-lots would require separate site plan review and approval. This would apply to Out-lots "5" and "6". ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 57. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 58. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village SMU NWSP 05-004\COA.doc Meeting Minutes Planning &. Development Board Boynton Beach, Florida August 23, 2005 Motion Ms. Jasciewicz moved to approve the request for new site plan approval in order to construct 247,812 square feet of commercial on a 24.6S-acre parcel in the Community Commercial Zoning District (C-3), subject to the language as amended and agreed to by the parties. Mr. Baldwin seconded the motion that carried 7-0. D. New Site Plan Description: Boynton Village (NWSP 05-004) Russell C. Morrison, P.E., Kimley-Horn & Associates The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct a large-scale, mixed-use project consisting of 80 dwelling units, 14,S41 square feet of restaurant, 10,000 square feet of office, and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the Suburban Mixed-Use (SMU) zoning district. 1. Project: Agent: Owner: Location: Chair Wische gave a description of the project, noting that there were 56 staff conditions. Kim Glas-Castro, representing the applicant, responded that Condition #39 needed clarification, since their interpretation was that parking would be at 1 per 200 square feet for the non-residential component of the project. The non-residential uses in Boynton Village have cross parking agreements with Boynton Town Center. Mr. Johnson agreed with this. The other issues were the greenway terminology and the identical landscaping as Renaissance Commons, which she felt had been adequately addressed previously. Mr. Johnson reported staff recommended approval of the project, subject to all Conditions of Approval shown in Exhibit C. The applicant agreed with the conditions, as discussed. Chair Wische opened the floor to the public. James Comparato from Renaissance Commons stated all references to Renaissance Commons were being mandated by staff and not as a voluntary effort on the part of Renaissance Commons. Chair Wische closed the floor to the public. Ms. Jasciewicz asked about Condition #37 and whether the applicant would be seeking approval for the 5S-foot decorative tower. Ms. Glas-Castro responded that this was still being evaluated. To maintain architectural quality, they would probably be coming in for conditional use approval. 10 Meeting Minutes Planning &. Development Board Boynton Beach, Florida August 23, 2005 Mr. Casaine reiterated his understanding that the conditions would be handled in the same manner for this project as the Boynton Town Center project heard previously. Motion Vice Chair Hay moved to approve the Boynton Village request for new site plan approval in order to construct a large scale, mixed-use project consisting of 80 dwelling units, 14,541 square feet of restaurant, 10,000 square feet of office, and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the Suburban Mixed Use Zoning District (SMU), subject to all Staff Conditions of Approval with the modifications agreed to by staff. Mr. Casaine seconded the motion that passed 7-0. E. Conditional Use/New Site Plan Description: Boynton Village Parcels 4 & 5 Condos (COUS 05-07) Anthony Comparato, Kim Glas-Castro The Klatt Family Limited Partnership # 1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for Conditional Use/New Site Plan approval for 4 five-story buildings with 376 condominium units on an 8.81S-acre portion of the 106.S-acre Boynton Village and Town Center site. 1. Project: Agent: Owner: Location: Chair Wische asked the applicant's position on the 47 staff conditions of approval. James Comparato, representing Anthony Comparato from WRI, LLC, 980 North Federal Highway, Boynton Beach, stated the applicant agreed to all of the conditions of approval and thanked. staff for its cooperation. Mr. Breese commented on the height setback envelope in the SMU district, saying the applicant's project far exceeded the requirements in relationship to single family residential. Chair Wische opened the floor to the public, and closed it when no one wished to speak. Motion Mr. Casaine moved to approve request for Conditional Use/New Site Plan approval for Boynton Village Parcels 4 & S Condos for 4 five-story buildings with 376 condominium units on 8.815- acre portion of the 10G.5-acre Boynton Village and Town Center site, subject to all staff Conditions of Approval. Vice Chair Hay seconded the motion that passed 7-0. F. Conditional Use/New Site Plan 1. Project: Boynton Village Parcel 3 Condos (COUS 05-008) Anthony Comparato, Kim Glas-Castro 11 Agent: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village AGENT: Mr. Russell C. Morrison, P.E. with Kimley-Horn and Associates APPLICANT'S ADDRESS: 1450 South Johnson Ferry Road, Suite 100 Atlanta, Georgia 30319 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: New site plan approval to construct 80 dwelling units, 135,641 square feet of retail, 14,541 square feet of restaurant, and 10,000 square feet of office on a 20.33-acre parcel in the SMU Suburban Mixed-Use zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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:IPlanningISHAREDIWPIPROJECTSlBoynton Village-Boynton Town Center IIBoynton Village SMU NWSP 05-004\DO.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAl VII-CONSENT AGENDA ITEM 014 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.) 0 October 5, 2005 September 19, 2005 (Noon) D August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3,2005 (Noon) .< D D ---, September 6, 2005 August 15,2005 (Noon) November I, 2005 October 17, 2005 (Noon} ", ~ September 20, 2005 September 6, 2005 (Noon) 0 November IS, 2005 October 31,2005 (Noon)r., ) -', ~ . ~ D Administrative D Development Plans .- ,. r) -~',,-; ':_'J NATURE OF ~ Consent Agenda 0 New Business ~~.-, C,'1 ~:-) -: ~ AGENDA ITEM D Public Hearing D Legal ... ,'In :t: D Bids D UnfInished Business 0 Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on August 23, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-153. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: High Ridge New Urban Communities (NWSP 05-016) Tim Hernandez, New Urban Communities New Urban High Ridge, LLC, George Kechriotis and Kosta Kechriotis Northwest comer of High Ridge Road and Miner Road Request for new site plan approval in order to construct 48 single-family homes and 126 townhouse units and related site improvements on an 18.44 acre parcel in a (PUD) zoning district. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A j~~ City Manager's Signature Develo ~ ~~~ ,/ anning and Zoning Di6f:tor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\High Ridge. New Urban Communities\NWSP 05-016\Agenda Item Request High Ridge New Urban Comm NWSP 05-0169-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-153 STAFF REPORT TO: Chair and Members Planning and Development Board and Mayor and City Com miSs. ioni, Eric Lee Johnson, AICP Planner ,~cjt Michael W. Rumpf r ~ Director of Planning and Zoning FROM: THROUGH: DATE: August 18, 2005 PROJECT NAME / NUMBER: New Urban High Ridge PUD / NWSP OS-016 REQUEST: New site plan approval to construct 48 single-family detached homes and 126 fee-simple town homes on an 18.44-acre parcel in the PUD Planned Unit Development zoning district. PROJECT DESCRIPnON Property Owner: New Urban High Ridge, LLC, Mr. George Kechriotis, and Mr. Kosta Kechriotis Applicant/ Agent: Mr. Tim Hernandez with New Urban High Ridge, LLC Location: Northwest corner of High Ridge Road and Miner Road (Exhibit "A") Parcel Size: 18.44 acres Existing Land Use: High Density Residential (10.8 du/acre) Existing Zoning: PUD Planned Unit Development Proposed Use: 48 single-family detached homes 126 fee-Simple town homes Adjacent Uses: North: Single family homes in unincorporated Palm Beach County, designated LR- 2 Low Density Residential (2 du/acre) and zoned RS Single Family Residential. South: The right-of-way of Miner Road, then developed property (flex space warehouse) designated Industrial (I) and zoned M1 Light Industrial; further south a townhome development (Canterbury, currently under construction), with a density of approximately 9.9 du/acre, designated Staff Report - New Urban High Ridge PUD (NWSP 05-016) Memorandum No PZ 05-153 Page 2 Industrial (I) and zoned Planned Industrial Development (PIO); to the southwest, undeveloped property within unincorporated Palm Beach County designated Industrial (INO) and zoned Single Family Residential (RS). East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge Estates, with single family homes and town homes (townhomes built at 8.04 du/acre), designated Low Density Residential (LOR) and zoned Planned Unit Development (PUD). To the southeast, High Ridge Commerce Park, developed properties designated Industrial (I) and zoned Planned Industrial Development (PIO). West: To the west, undeveloped property (High Ridge Country Club) designated Low Density Residential (LDR) and zoned R1AA Single Family Residential. BACKGROUND Site Characteristic: On May 17, 2005, the City Commission annexed (ANEX OS-OOl) the subject site per Ordinance OS-008 and rezoned the property to PUD (LUAR OS-002) per Ordinance OS-OlO. According to the survey, the subject property is comprised of several lots that contain horse stables, wood fencing, and a single-family home. The property was previously used as an equestrian center. The subject site also contains may different types of trees, both native and exotics. The species include but are not limited to the following: Slash pine, Royal Poinciana, Magnolia, Orange, Mango, Black Olive, Oak, Cabbage palm, Queen palm, and Areca palm. The highest ground elevation is 23 feet above sea level, located near the halfway point of the property along High Ridge Road. A four (4)-foot tall wooden fence exists along the east property line and an eight (8)-foot tall chain link fence extends along the west property line. Proposal: Mr. Tim Hernandez of New Urban Communities proposes to develop the subject property with 48 single-family detached homes and 126 fee-Simple townhomes. Both single-family homes and town homes are permitted uses in the PUO zoning district. The maximum density allowed by the High Density Residential (HOR) land use classification Is 10.8 dulac, which would provide the developer a maximum of 199 units. The project proposes 174 units (9.43 du / ac) and would be built in one (1) phase. The project is a compact, high density, new urban development as promoted by policy 1.13.4. and by policies under Objective 1.22. of the Comprehensive Plan. Concurrency: ANALYSIS Traffic: On April 14/ 200S, a traffic Impact analysis was sent to the Palm Beach County Traffic Division for concurrency review, In order to ensure an adequate level of service. Trip generation would result In 1/363 new dally trips, lO5 a.m. peak-hour trips, and 128 p.m. peak-hour trips. The analysis concluded that the radius of development Influence was two (2) miles, which was based on the peak hour trips Staff Report - New Urban High Ridge PUD (NWSP 05-016) Memorandum No PZ 05-153 Page 3 that would be generated. On April 27, 2005, the Palm Beach County Traffic Division determined that the proposed residential development meets the Traffic Performance Standards of Palm Beach County. According to the analysis, the Palm Beach County and Florida Department of Transportation Five (S)-Year Road Program do not include any widening projects in the vicinity of the site. According to the land use amendment staff report (PZ Memo 05-024), High Ridge Road is currently operating at a "B" level of service and would continue to do so after project build-out. Utilities: The project is expected to require 75,000 gallons of water per day. The City's water capacity, as increased through the purchase of up to S million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water needs for this project. 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 (see Exhibit "C" _ Conditions of Approval). The expected demand for sanitary sewer would be 34,000 gallons per day. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police/Fire: Police staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. The Fire Department expects to be able to maintain an adequate level of service for the subject project with current or anticipated staffing. Infrastructure requirements such as hydrants and roadway would be addressed during plan reviews and the permitting process. It must be noted however, that this project is located in an area that has experienced significant growth this past year. Fire supports the project with the understanding that Fire Station No. S would be available when the buildings receive their certificates of occupancy. 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. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: Regarding school concurrency, the proposed project lies within Concurrency Service Areas (CSA) 17 and SAC 239. On January 7, 2005, the Palm Beach County School District approved the project for school concurrency purposes. Driveways: The plans show that three (3) points of ingress / egress are proposed along High Ridge Road. All openings are Identical to each other In terms of width and function and no driveway opening would be gated. This Is a basic characteristic of new urbanism type of developments. The southernmost opening would be located approximately 6S0 feet from the Staff Report - New Urban High Ridge PUD (NWSP 05-016) Memorandum No PZ 05-153 Page 4 intersection of High Ridge Road and Miner Road. The entrance would directly align with the recreation area. Parallel, on-street parking spaces are proposed on each side of this entrance drive. The second of the three driveway openings, would be located approximately 4S0 feet north of the southernmost opening. This opening would align with the single-family detached homes proposed at the rear of the development of the subject development and also with the entrance to Cedar Ridge PUD on the opposite side of High Ridge Road. The northernmost driveway opening is proposed approximately 170 feet south of the north property line. Similar to the middle opening, this third driveway would align with the single-family homes propose at the rear of the development. The presence of these three (3) driveway openings allow for ample availability of emergency / service vehicle ingress and egress. The Typical section of High Ridge Road shows that the right-Of-way is 65 feet in width. It presently contains a northbound and southbound travel lane but as required, would be improved to include a 12-foot wide center-turn lane. The east side of High Ridge Road would have a four (4) foot wide paved shoulder, six (6) feet of sod, and the existing six (6)-foot wide sidewalk. The west side however, would have a two (2)-foot wide "F" curb / gutter and 11 feet of sod. The Typical SO-foot wide section of the internal rights-Of-way indicates that the development would have two (2) travel lanes that are each 11 feet in width. The development's parallel parking spaces would be nine (9) feet in width, followed by an eight (B)-inch wide "D" curb and a four (4)-foot wide sidewalk. The Typical 40-foot wide section of the internal rights-of-way indicates that the development would have two (2) travel lanes that are each 11 feet in width. However, in this scenario, the only difference between this section and the 50-foot wide section is that parallel parking spaces have been omitted on one of the sides. An important component to a new urban community is the employment of alleys (subordinate street systems) throughout a development. The Typical20-foot wide section of the alleys show that the alleys, proposed within the single-family detached area would have two (2) travel lanes, each being 10 feet In width. However, the language In the Land Development Regulations, Chapter 2.5 Planned Unit Developments, Section 9. Internal PUD standards. F. RIGHTS OF WAY, reads as follows: "F", RIGHT -OF-WAYS. The minimum width of a right-of-way in a PUD is forty (40) feet. fu the event of a conflict with this section and any other provisions of the City's Land Development Regulations regulating the width of the right-of-ways, this section shall prevail." This requirement leaves no opportunities for one-way streets, service roads, or common driveways of any lesser widths. The site plan proposes alleys that would be 20 feet In width, which Is less than the above-referenced 40-foot requirement. These circulation elements are not permitted because of the restrictive language In Staff Report - New Urban High Ridge PUD (NWSP 05-016) Memorandum No PZ 05-153 Page 5 the PUD regulations. There is no similar problem with the Infill PUD regulations, since language in those development standards permits narrower rights-of-way at the discretion ofthe City Engineer. Staff is currently proposing changes to the Land Development Regulations (CDRV OS-014) that would allow a right-of-way width of less than 40 feet. Therefore, approval of this project is contingent upon the approval of the revisions proposed to the above-referenced section of the Land Development Regulations (see Exhibit "C" - Conditions of Approval). Parking Facility: Two, three, four, and five bedroom dwelling units require two (2) parking spaces per unit. The project proposes 174 residential units and recreation area, therefore, 3S3 parking spaces would be required. The plans provide 432 parking spaces with the potential of providing an additional 48 spaces for a total of 480 parking spaces. These additional spaces can be achieved because an undetermined number of single-family homes have the 3-car garage model, as opposed to strictly just 2-car garage models. The Typical Townhouse Detail shows that the townhouses would have i-car garages. However, it should be noted that the number of 3-car garage models has not been finalized at this time and will not be finalized until the site plan is approved. Therefore, staff utilized a more conservative approach at reporting the parking statistics. The site plan tabular data indicates that 84 on-street parking spaces are proposed throughout the development. The graphic shows that these spaces would be dimensioned nine (9) feet in width by 25 feet in length. Landscaping: The site plan tabular data indicates that 1O.S9 acres (57.43%) of the subject property would be pervious. This figure includes the 2.11-acre lake tract. More importantly, over S.36 acres (29.08%) of the subject property would be set aside for buffer and open space area. As previously mentioned, the subject site contains a mix of native and non-native trees. The mitigation plan (sheet 18 of 18) indicates that the property contains 220 trees, of which, 13 would be preserved. The preserved tress would include 12 pines and one (1) oak. The developer would have to mitigate up to 2,214 caliper inches. The Overall Landscape Quantities plant list indicates that 186 or 92% of the canopy trees would be native and 6S or S8.56% of the palm trees would be native. Likewise, a total of 74.13% of the shrubs / groundcover would be native. The plant list includes the following species: Red Maple, Bougainvillea, Gumbo Limbo, Silver Buttonwood, Seagrape, Dahoon Holly, Ligustrum Tree form, Live Oak, Bald Cypress, Bald Cypress Glory Bush, European Fan palm, Coconut palm, Alexander palm, Medjool palm, Florida Royal palm, and Cabbage palm trees. The plans proposed landscape buffers around the entire development. A note on the site plan Indicates all exotic and nuisance vegetation shall be removed from the site and from within native buffer areas. Native vegetation within the buffer shall be preserved to the maximum extent possible. The east (front) landscape buffer along High Ridge Road would be eight (8) feet at Its narrowest point but a majority of It would be 10 feet In width. The plant species proposed within this green space would Include the following: the relocated Oaks, Coconut palms, Bougainvillea, Seagrape, L1gustrum, Dwarf Yaupon Holly, Dwarf Variegated Schefflera, Redtip Cocoplum, Crown of Thorns, and Croton. The length of this perimeter buffer Is 1,731 feet In length and would require 58 trees. The plan proposes S9 trees. Staff Report - New Urban High Ridge PUD (NWSP 05-016) Memorandum No PZ 05-153 Page 6 However, within the east and south perimeter buffers, staff recommends reducing the spacing between each tree to one (1) tree per 20 linear feet (see Exhibit "C"- Conditions of Approval). The south landscaped "common" area adjacent to Miner Road would be 15 feet in width. This perimeter would be 4S9 linear feet. It would have similar plant material as proposed within the east landscaped area. The west landscape buffer would be five (5) feet in width. This is the buffer where a majority of the existing trees would be preserved. The west perimeter buffer would be 1,745 linear feet and would require S6 trees. The landscape plan proposes 79 trees. The plant material within this buffer would also include the following species: Relocated and additional Coconut palms, Silver Buttonwood, Gumbo Limbo, and Crepe Jasmine. The north landscape buffer would be 398 linear feet and seven (7) feet in width. It would require 13 trees and 13 trees are provided. It would contain similar plant material as the other perimeter buffers. Varying planting schemes are proposed for the individual lots. The scheme would be dependent upon the style of the Single-family house proposed on each lot or the style of the townhouse building. Each Typical Unit Landscape Plan indicates that each lot would have a multitude of plant material. A note on the site plan Indicates that all air conditioner units and similar mechanical equipment shall be screened with landscaping which will achieve a height of 36 inches. When adequate room for landscaping does not exist, a 36-inch high masonry screen wall will be provided. Also, on the Typical Landscape Plan for the Single-family homes, a note Indicates that no landscaping would be planted within three (3) feet of the rear alley. The Engineering Division Is requiring five (S) feet (see Exhibit "c" - Conditions of Approval). Regardless, the plant material proposed adjacent to the alley shall be clear (vertically) as to not interfere with service vehicles (garbage trucks) traversing the alleys. The landscape plan shows that there are trees proposed outside the property line, along High Ridge Road and Miner Road. The trees would require the Engineering Division review and approval. Regardless, they cannot be used within the landscape plan as counting towards meeting the minimum required number of trees (see Exhibit "c" - Conditions of Approval). Building and Site: As previously mentioned, the maximum density allowed by the High Density Residential (HDR) land use classification Is 10.8 dwelling units per acre, which translates to a maximum of 199 units. The site plan proposes a total of 174 units, which is a density of 9.43 dwelling units per acre. The site plan tabular data indicates that collectively, the lots would account for 9.72 acres or S2.72% of the entire property. The private rights-of-way would account for S.SO acres or 29.82% of the site. The development's recreation area would account for 1. 73% of the site. This 0.32-acre recreation area would accommodate a swimming pool, a 1,409 square foot cabana / veranda facility, and a tot-lot. The recreation area would be located adjacent to the site's lake / water management area. The project, designed with new urban design characteristics, proposes homeowner accessibility to the lake by all, so that It functions as a public amenity rather than a private amenity enjoyed by few residents. Staff Report - New Urban High Ridge PUD (NWSP 05-016) Memorandum No PZ 05-153 Page 7 The Typical Lot Details of the single-family homes shows two (2) different types of lots are proposed, namely a 40-foot wide and a SO-foot wide lot. The Detail indicates that screen enclosures and pools would be permitted within the building setbacks of the house. Solid roof enclosures are prohibited. The Detail shows that all single-family detached lots would be 110 feet in depth. On both Details, the houses would be setback 1S feet from the front property line and the 2nd-story front balconies would be setback seven and one-half (7- V2) feet from the front property line. The Detail also shows the house would be setback five (S) feet from the rear and side lot lines. The smaller building setbacks, as proposed, are generally smaller than conventional PUD type of projects but they are common among New Urban type of developments. The Typical Townhouse Detail shows that the buildings would be setback five (S) feet from the edge of pavement (along the sides), 10 feet from the front lot line at ground level. The 2nd-story balcony would be setback four (4) feet from the front property line. A 2nd-story balcony is also proposed at the rear of each unit; it would be setback five (S) feet from the rear lot line. The plans propose a 20-foot wide building separation (at the sides) and 14 feet between 2nd story balconies. The size of the townhouse units varies between 1,61S square for the smallest unit to 1,940 square feet for the largest unit. They would come in either two (2) or three (3) bedroom model options. The single-family detached homes would come in numerous varieties. The smallest unit would be 2,097 square feet while the largest would be 3,964 square feet in area. It should be noted that a number of units have habitable space above the detached garage. These spaces are not considered individual units and do not count toward density. Design: The City has reviewed and approved many different residential projects over the past several years (i.e. Anderson PUD, Serrano PUD, Knollwood PUD, and Boynton Dixie) and most have been developed as conventional, suburban-style types of subdivisions. With the exception of Anderson and Serrano, most of the newer projects have been townhouse developments. Associated with the proposed type of single-family residential development are a wide variety of possible building designs (i.e. contemporary, traditional, Spanish-Mediterranean, etc.). This is a New Urbanism type of project with hints of the aforementioned architectural styles. All townhouse buildings would be three (3) stories. The elevations show that the buildings would be 35 feet - three (3) Inches tall (mean roof height) and 40 feet _ three (3) inches at the peak of the roof. The single-family detached homes would be two (2) stories tall and have varying roof styles. The tallest Single-family detached home would be 27 feet - six (6) Inches tall at the mean roof height and 32 feet - three (3) Inches tall at peak of roof. The elevations of the townhouses show that the exterior finish of the walls would be medium textured cementltous finish. All trim would be painted bright white and all front doors would be painted mahogany. The applicant Is proposing a variety of colors schemes. The Benjamin Moore paints are as follows: Staff Report - New Urban High Ridge PUD (NWSP 05-016) Memorandum No PZ 05-153 Page 8 Scheme Color Paint 1 Tan Crisp Straw #21S7-S0 2 Yellow Mellow Yellow #2020-S0 3 Orange Peach Sorbet #2015-40 4 Blue Clearest Ocean Blue #2064-40 S Green Eccentric Lime: #2027-30 The single-family homes would come in numerous varieties of wall and accent colors. There are eight (8) different color schemes and each scheme has two (2) or three (3) varying options. The color palette proposed contains a combination of light or white pastels, and dark, unmuted primary/secondary colors. Staff supports use of the soft color palette, particular as they are light earth tones to match existing natural vegetation in the corridor. However, staff opposes use of highly saturated and primary colors for this project. Such colors are inconsistent with both existing improvements in the corridor as well as incompatible with the existing natural environment in this area which consists of many mature trees and natural scrub areas and preserves. The bold colors are more typical of the Caribbean settings or other waterfront environments, and should be changed to soft earth tones to compliment the general area rather than just the project (see Exhibit "C"- Conditions of Approval). Signage: Project development signs are proposed on small posts labeled "ID columns". These posts would be located on each side of the entrance drives. The sign detail shows that the column would be four (4) feet - two (2) inches in height. The base of the post and its decorative caps would be a smooth textured cementitious stucco base, painted white. The greater surface of the post would be a medium textured stucco finish over CBS and painted yellow (Mellow Yellow BM 2020-S0). Its colors would be consistent with the building colors proposed throughout the community. The sign face would be located in the center of the post. RECOMMENDATION: Staff has reviewed this request for new site plan approval and recommends approval, contingent upon the adoption of the changes proposed to the Land Development Regulations (CDRV OS-014) related to widths of rights-of-way in Planned Unit Developments (PUD), and also subject to satisfying all comments Indicated In Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly In the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Hlgh Ridge- New Urban Communities\NWSP OS-016\Staff Report.doc Exhibit 'A' - Location Map . 275 I 137.5 o 275 550 825 1,100 ! Feet ..' . i ;iJU lill' 'fill 'Iilllllm'l~ ,il":PU nu ; mm f !i E aU-, ~ i ! i11j ! 'i r I I nil i I · PI ~ JIg i! p'! I I ! 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PlPl lll~ ~ su ~I it' C".l g~ J ~ ~ H~~ &!I~j a 13~:: .. g ~ f' I~ D~ ~ II ~ 0 ::Il ..... l1l:l D" :::0 ..... ~ l1l:l (t) : t::; (t) ~ tt1 (t) ...... 0 0 8 ~ S t'+ 0 (t) ~ ~ t'+ tt1 >-t) C'D 0 Il1 .., ('j D" Z (t) ~ ~ ...... 0 c:: .., .., ..... 0- 0'" Il1 ll.' ~ ::Il ..... l1l:l D" :::0 ..... ~ l1l:l (t) ~ ('J P'J~~~~:-" () IJ> , I , I t I ~ m ~gi~~~ m ~ 1m o~ 1Il ()~~~~~ ::t '-I m 0 3: i~~~~~ ~ Z IJ> "TI I ~I<.n ~ ~~~~~~ .... g !:l~! l!l ~ ; ~ijJ 0 Z IJ> ! IJ> <5 ~ m ~ ~ IJ> ~ !ii~;:j "TImO o OOOCf}f1;o~ ~ ~~~m~~ Z ~~;~:!l:ll ~ ~l)lZdod5l 8z~8~~f!l ZSO"TI-l i8cil~:-<l!J ~ ;:~!ij II II II ~ 3: ~ ':'g2 ~s:~ w-'-<n5:f :~~:-n~~ :n~;-n~o~ xxxl-;uo ~~0l2il;z <IJ>IJ> II II II U ~ ~ ~ mmm ",,,,cc~ ~~~~~~ :-n~~~~~~ -lgJ-l ~~5l ccft. oZ:E riirn~ ~ ~ &l ~ ti m IJ> <5 ~ ~ .... m IJ> ~ Co-l ~;fi~ o Cf}ocn~:;Ocn ~-t!~~mo~ ~ ~~;~:!l:ll C>. ~..,z,--lO OO'"T1zUl8"'0-l 8~ ~~f!l s8zi~:!liil ~ . " c ~ ;:;~!ij II " II 0 :t ~ ~8z ~s:~ q)~~~~~ ~VJrn. z;1 :'1:-n="~~::j xxxo~o ...... .... en Z :iE IJ> II n II II ! ~ ~ ..... wcoc~~ ~~~~~~* .~~;n~~~~ ;;1m-l ~~5l ccft. OZ~ rilrn~ i ~ ~ ;u ~ m ~~~~p ~~~~~ iil~~~~ ;U3;OlJ>m gc~~~ ~~I~~ ~~~l0 om~f: ~iJl:lz -lrri;: ~~. 8 =lm ;u rn ~ .m ~ m C i ~ :-< ;u i ~ ~ ~ .... .... IJ> m !iio~ ~~i5 {);uZ m..,1J> o-tcnf\)~1l0C " ~IJ> ~."z ~ ~ ~-l;g Z ~'" &;dO ~ ~~~x~iil zzglS () 88 ,,;liil ~~iJl:-=;a~ II II II ~ ~ ~ -t ~~8~ (.Jqa~c: co f\))((I)Q 3: ~~~:-n:z~ xxx~~g "'C;;", oil; Z :iE1J>1J> II II " II ~ ~ ~ fnl!J~ ~~* il!ij!i: Qg;o ?!~-l iilcft. CZ:iE orn~ ril I- z z &l Ol '" IJ> ;-n;n EXHIBIT B , IJ> C ~ m ~ij~ EXHIBIT 8 i iii I iii I iii I !!!I ..... ~ ~ III /III ji ! ! J ~ a ~ uu ~i~H ~ ~ ~ c mJ ~ ~~~~ ~'ll.~ t Z If, =i 1111 Iii P ~ I ~ . ------~ ! ! ; I aa~ ~ c I I~ l. L ~ ~ z ~ =i ~ mam ila!~ CD (") _muI ~ Ill.~~ Illlll.Ill i ~ I U~ ~ Pi ~ ~ c l,~ ! ! ~8~1~'~ z =i ~ ~ Z ~ '[' CD unj & . L ~ ! i lam a&r~ n ~ ~~~~ ~~~Ill ~ C oj I~ z I I UU II U i ~ =i 0 ! ! " m" Pi> ~ 2 ::I ~ ~ ~ . ~ c: C ml atlam ~.n ?j z ~~~~~ ~~~~ 0 =i m . I UH i Ii i ; ~ i ! c " ;~q~~~ z ll~ ~ c !if =i . ~ ~ ~ CD ! 1;:0 hnj atla iBlS ?j m ~~~Ill~ Ill'~~ "' c I I HI ~ IIi ~ ~ Z m Gl =i ! ! Ii 1,'1 r ~;:o (") '!g ';:0 .. Z ; s~s t;"iN ~ i 0 i "Tl ,~;~ SiLm r- ~ III . ~ III 0 C 0 Z ;:0 =i ,; i'rp~ 'l~ I ii Hq j 1:1 I~ i lb., · s: ;:0 II ill/II III . ,i p I ~ i ~ z ,f I j , f; Ii Ii/iil ill i~ i~ I! n I , U i i ,~ r I i I "~ ilil, ii' i. H U I il ., oJ II Jr'.' il . 1111111111 r ~i "T1 Glj I HIGH RIDGE I fllilf 1"1 8 ~ f. 1tii~ BERMUDA lOIWlOI.E 8UtLD1NGS il UNTS 103-110/11..12S113S-140 /141-1441149-156. m ~ ~ iii Iii l.f CITY Of llOVNTOH leACH f ~ PALM IlEAal COUNTY, flORIDA 111'11 if r It by: NEW URBAN HIGH RIDGE, LLC ~, 01 ~, ~i 8 z: ~ ~I C{l ~ " I IU mJ ~. I" f I ~ ;lfff H Hji~ IP pi II e ,I ~~~~~:- (") C/J o m ,... m ~ ~ ~ ~ :r ~ ~ <5 m Z YJ (J) "Tl o " g :!:; <5 Z (JJ I I I , I I ~mo-o~o ~~~~~~ "z~:ro-O ~~~gj~~ o (")g ill!!! ?; ;::fl!'!!l5~ ~mz,~N ~~~!~~ t:l~! 8i 8~~8 ~oo5 ;!!OO;o ~05(JJ m~;;om ,,~(JJJ;; 8o~~ "Tl",mo ......::ra::J2 f:;=i~f.!l -I;;I~ 0"2 men:!: ~08 ~1Ili:l ~~ ~~ ~~ 3:0 ~~ -<21 'GJ ~ ::;; :r =l !" ;;0 G) :!j m ~ ::j o z I , !~ i /I II ] HIGH RIDGE I POOl&IoIAJl~ CITY OF BOYNTON BEACH PALM BeACH COUNTY, FLORIDA by: NEW URBAN HIGH RIDGE, LlC. EXH ISIT B ..... cccc cccc II -- e..... IIIIII~ ~ ETIIW I ..... 'Ii ! -- cccc f cccc ..... ~ ::j 0 z , b I .. JJ J ' ,~ il I :1I1'f /"1 J ilPII If r It fir f ~ tglB Jri B ~ I f 81 i [ "a ~ l"f ~ :> tJ:' ~ I O~(f) o en n ~~:r: 0 ~ I ~[a~ en r- m ...; m 4'-2" 5'-6' ~ en )> - hi -I ~m ~ -u 1_ ~ m ;0 ~ ~il ~~~ ~~ ~~~ ~ ~~ "ffi3; ~ ~~~ ~ ;~i hi ~~ ~~~ ~ i~ ;~~ ~~ u~ ntM "'~~ ~(\ ~~ ~~~ mU\ iij'tJ s~~ ~ EXH IBfT B pu~~p .. ~~~ ~~m~ ~@~~ ~~ f ~ ~ j1! ~ " )>- aJ LJ OCJ ~!; ~~ -" z- G)CJ )> -f - o z EXHIBIT "C" Conditions of Approval Project name: High Ridge New Urban Communities File number: NWSP 05-016 Reference: 3rd review plans identified as a New Site Plan with an August 9. 2005 Planning and Zoning Department date stamp marking. II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Staff strongly discourages on-street parking along High Ridge Road and X Miner Rd. due to their functional classification (Urban Collector) and the volumes and types of traffic they cany. The applicant may petition the County for permission to utilize on-street parking. If allowed by the County, provide written concurrence of this decision. 2. At the time of permitting, improve High Ridge Road to a minimum of three X I2-foot lanes from Miner Road to the northern boundary of the proposed development. Provide plans, including typical sections, for off-site improvements, including curb and gutter along High Ridge Road. Palm Beach County permits will be required for work within the Palm Beach County right-of-way. Staff recognizes that improvements required by the city may not be required and I or supported by the County. The developer shall provide a letter of credit in the amount of 110% of the engineer's estimate for public roadway improvements prior to issuance of any building permits for this project. The letter of credit shall be held until such time as the improvements are complete. ENGINEERING DIVISION Comments: 3. The minimum right-of-way width for a PUD is 40-feet. (LDR, Chapter 2.5, X Section 9.F.) The applicant is proposing a traditional neighborhood design and is desirous of utilizing a proposed Code Change, currently in process, to allow for lesser right-of-way widths for portions of the project. Internal roadways will be categorized as "Primary" and "Secondary" based on their functions. Primary roadways will handle internal flow, guests, deliveries and FirelRescue access. Secondary roadways will be utilized for homeowner access to the rear loaded parking and will additionally be used for Solid Waste Access. Primary internal roadways shall have no less than 40-ft. right-of-way widths, but may use II-ft. lanes widths. Secondary internal roadways shall have no less than 20-ft. right-of-way widths and may use lO-ft. lane widths. The COA 08/23/05 2 I DEPARTMENTS applicant shall provide, through homeowners documents, an additional buffer area of no less than 5-ft., adjacent to both sides of the proposed right-of-way to allow for Solid Waste storage and pickup. The buffer area shall be kept free of all obstructions, including fencing and landscaping, for this purpose. INCLUDE REJECT Primary access roadways connecting to High Ridge Road will conform with all Land Development Regulations and City Standards. The above Condition of Approval is contingent upon Commission approval of the proposed changes to Chapter 2.5 of the LDR. In the event Commission does not approve the Developer shall be required to provide roadways and rights-of-way in accordance with the LDR and City Standards or may seek a variance, in accordance with the procedure established in the LDR. 4. In order to accommodate a roadway typical section within the proposed 20-ft. X secondary roadway (if approved) the engineer shall construct two - 9 1I2-ft. lanes with 6-in. concrete header curb on each side of the roadway. Asphalt paving, limelshellrock and stabilized subgrade in accordance with City Standards shall be completely contained within the header curb. 5. Upon Commission approval of the site plan schedule a pre-application X meeting with the Engineering Division to begin the plat process. 6. Show proposed site lighting on the landscape plans (Chapter 4, Section X 7.B.4.) 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 (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 conformance with Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. 7. It will be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.l. b). 8. At the time of permitting, show sight triangles on the Landscape plans (LDR, X Chapter 7.5, Article II, Section 5.H.). 9. Per the LDR, Chapter 7.5, Article II, Section 5.C.2. Ficus species are not X permitted. See Sheet 13 of 17. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 11. Paving, Drainage and Site details will not be reviewed for construction X COA 08/23/05 3 ~ DEPARTMENTS INCLUDE REJECT 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: 12. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this proiect (CODE, Section 26-12). 13. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 14. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 15. This office will not require surety for installation of the water and sewer X utilities, on 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. 16. 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 project, in accordance with the CODE, Section 26-15. 17. The City of Boynton Beach does not wish to have another lift station X constructed for this project. If the applicant desires, there is a lift station approximately Yz mile north of this project (south terminus of NW 7th Ct. _ Lift Station 717) or another approximately \14 mile east of the intersection of High Ridge Rd. and Miner Rd. (Lift Station 718.) Also available are gravity systems in the Commerce Rd. right-of-way and within the Cedar Ridge subdivision. The invert elevation at Lift Sta. 717 is 1.19. By upsizing to a lO-in. main and using a 0.3% slope it is possible to tie into Lift Sta. 717. Credit for oversizing the main may be available. A copy of the as-builts for Lift Sta. 717 has been given to the applicant. Should the developer propose to build their own lift station for this project, they would have to submit an analysis indicating that the life cycle cost (capital and O&M) would be cheaper for the system with a new lift station than it would be for connecting to the existing stations. This analysis can be conducted based upon "present- COA 08/23/05 4 I DEPARTMENTS INCLUDE REJECT worth" of the two alternatives, with an expected 40-vear life on the stations. 18. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 19. Appropriate fire department access will be required at the pool/recreation X area. At the time of permitting, an access road (14 feet in width) will be required to the pool area so that medical/emergency victims can be quickly and safely loaded. Revise the plans to show compliance with this requirement. POLICE Comments: None X BUILDING DIVISION Comments: 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. Add a labeled symbol to the site plan drawing that represents and delineates X the 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). 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. 22. 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 building/so The leading edge of the building/s begins at the closest point of the overhang or canopy to the COA 08/23/05 5 I DEPARTMENTS INCLUDE REJECT property line. In addition, show the distance between all the buildings on all Xsides. 23. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 24. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. 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) 25. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 26. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: f. A legal description of the land. g. The full name of the project as it appears on the Development Order and the Commission-approved site plan. h. 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. 1. The number of dwelling units in each building. J. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(t)) 27. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. COA 08/23/05 6 I DEPARTMENTS INCLUDE REJECT 28. The full address of the project shall be submitted with the construction X documents 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. PARKS AND RECREATION Comments: 29. The impact fee will be: X Single family, detached 48 units @ $940.00 each = $45,120.00 Single family, detached 126 units @ $771.00 each = $97,146.00 TOTAL $142,266.00 FORESTERJENVIRONMENT ALIST Comments: 30. All ornamental trees on the Plant list must be listed in the specifications as a X minimum of 3" diameter (not Cal) at DBH (4.5' off the ground), 12'-14' height, and Florida #1. The height of the trees will be larger than 12'-14' to meet the 3" diameter requirement (Chapter 7.5, Article II Sec. S.C. 2.). 31. The irrigation system design (not included in the plans) should be low volume X water conservation using non-portable water. 32. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 33. Trees should have separate irrigation bubblers to provide water directly to the X root ball (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 34. According to the Land Development Regulations, alleys and other secondary X roadways are considered to be rights-of-way. In a Planned Unit Development, the minimum width of a right-of-way is 40 feet. Approval of a variance or an amendment to the Land Development Regulations would be required in order to allow the alleys to be less than 40 feet in width. 35. A unity of title may be required. The Building Division of the Department of X COA 08/23/05 7 DEPARTMENTS INCLUDE REJECT Development will determine its applicability. 36. On the master plan (sheet 1 of 6), with a dashed line, show the limits of the X 2nd story porches proposed on the sides of the townhouse buildings; or is this already shown in the typical Multi-family Setback matrix? 37. At the time of permitting, the elevation pages of the clubhouse should include X the exterior finish, paint manufacturer's name, and color codes. (Chapter 4, Section 7.D.). 38. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 39. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section S.C.2.). This applies to the Ligustrum, Bald Cvoress and Live Oak trees. 40. The trees proposed around the townhouse and single-family detached X buildings must be installed at Y2 the building height of the building (Chapter 7.5, Article II, Section S.M.). 41. The landscape plan shows that there are trees proposed outside the property X line, along High Ridge Road and Miner Road. The trees would require the Engineering Division review and approval. Regardless, they cannot be used within the landscape plan as counting towards meeting the minimum required number of trees. 42. Staff recommends that where possible, the trees proposed within the east and X south landscaped "common" areas be spaced no further than one (1) tree per 20 linear feet. 43. Regarding the subdivision wall sign, place a note on the site plan indicating X that the sign will be located 10 feet from the property line (Chapter 21, Article N, Section J.D.). 44. The ends of those townhouse buildings directly yisible from High Ridge Road X and Miner Road should be enhanced with features similar to the front facades using elements such as balconies, individual roof features, porches, varying surface materials and colors, etc.). Those units would include #1, #17, #40, #84, #96, #139, #147, #169, and #174. 45. Indicate on the plans the proposed locations of the townhouse buildings by X type (not unit type). Two building designs are proposed but not located on the site. Placement of the two building design types should maintain compatibility in the proiect. COA.doc 08/24/05 8 , DEPARTMENTS INCLUDE REJECT 46. Color swatches are to be provided for all proposed colors. Those unmuted X colors proposed, typical of the Caribbean or other islands, or waterfront environments, are inconsistent with established colors throughout the High Ridge Road corridor, and should be replaced with muted earth tones to increase compatibility with existing buildings and the natural characteristics of the area (i.e. existence of scrub and other preserve areas, and mature trees and other existing vegetation). Modify the proposed colors as follows and provide color renderings to match. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 47. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 48. To be determined. MWR/elj S:IPlanningISHAREDIWPIPROJECTSIHigh Ridge- New Urban CommunitieslNWSP 05-016ICOA.doc Meeting Minutes Planning &. Development Board Boynton Beach, Florida August 23, 2005 Description: The Klatt Family Limited Partnership and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for Conditional Use/New Site Plan approval for two S-story buildings with 206 condominium units on a 4.384-acre portion of the 106.5-acre Boynton Village and Town Center site. Owner: Location: Chair Wische described the project, asking the applicant's position on the 44 staff conditions. James Comparato, representing Anthony Comparato from WRI, LLC, 980 North Federal Highway, Boynton Beach, stated the applicant reviewed the conditions and agreed to all of them. Ed Breese, Principal Planner, stated this was a Conditional Use due to the height associated with the stair towers and elevator shafts that far exceeded the requirements of the height setback envelope. Chair Wische opened the floor to the public, and closed it when no one wished to speak. Motion Mr. Cwynar moved to approve the request for Conditional Use/New Site Plan approval for Boynton Village Parcel 3 Condos for 2 five-story buildings with 206 condominium units on a 4.384-acre portion of the 106.5-acre Boynton Village and Town Center site, subject to all staff conditions. Mr. Baldwin seconded the motion that passed 7-0. G. New Site Plan Description: High Ridge New Urban Communities (NWSP 05-016) Tim Hernandez, New Urban Communities New Urban High Ridge, LLC, George Kechriotis and Kosta Kechriotis Northwest corner of High Ridge Road and Miner Road Request for new site plan approval in order to construct 48 Single-family homes and 126 townhouse units and related site improvements on an 18.44-acre parcel in a Planned Unit Development (PUD) zoning district. 1. Project: Agent: Owner: Location: Assistant City Attorney Tolces swore in the latecomers. Chair Wische described the project, and asked the applicant's position on the 46 staff conditions. 12 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Tim Hernandez and Jeff Costello of New Urban Communities, 398 N.E. 6th Avenue, Delray Beach, 33483, offered to answer questions. Mr. Costello declared that the applicant agreed with all Conditions of Approval, but wanted to discuss Condition #46 regarding the color of the buildings. Eric Johnson, Planner, displayed the building colors for the benefit of the board and the public. He read Condition #46 for the record as follows: Color swatches are to be provided for all proposed colors. Those unmated (corrected by Mr. Johnson to read unmuted) colors proposed, typical of the Caribbean or other island~ or waterfront environments, are inconsistent with established colors throughout the High Ridge Road Corridor, and should be replaced with muted earth tones to increase compatibility with existing buildings and the natural characteristics of the area (i.e. existence of scrub and other preselVe areas, and mature trees and other existing vegetation). Modify the proposed colors as follows and provide color renderings to match. Mr. Hernandez gave a PowerPoint presentation showing photographs of houses they had erected in Jupiter using the same color scheme as proposed for this project. He acknowledged the proposed colors were more colorful than staff wanted to see, but did not agree the colors were inappropriate for the High Ridge/Miner Road area. After a very lengthy discussion on this topic, the net result was that staff and the applicant would work together to come to a mutually acceptable color scheme. The colors shown in the artist's rendering were considerably darker and brighter than the colors shown in the photographs of the homes in Jupiter. Most of the board members did not feel they could approve the colors as shown in the rendering. Mr. Johnson opined that the heavy chroma colors shown in the rendering would be inappropriate in the proposed setting. The applicant noted that the color chips they presented more closely matched the colors shown in the photographs of the homes in Jupiter. The applicant tried to be true to the Bermuda style of architecture.' Staff expressed a desire to have the colors muted and used as accents and not as the entire building color, as proposed. Some board members felt the colors were acceptable as presented, and others preferred that they be more pastel or muted in appearance. There was some feeling on the board that government should not dictate colors to the commercial sector. Ms. Jasciewicz asked the price range of the homes in the proposed project. Mr. Hernandez responded that they projected the single-family home prices to be $SOOK to $700K and the town homes in the mid-$300K's to $400K. Chalr Wische opened the floor to the public. r Timothy Lamb, 1860 Tom-a-toe Road, stated the proposed colors might look all right in downtown Delray Beach, but not on a horse pasture in the country. Also, the traffic was already intense and would increase even more with this project. He referred to Mayor Taylor's offer at a previous meeting to talk to the County about getting the timing changed on the light at High Ridge Road and Gateway Boulevard. This was still a problem and only the first five cars can make the light. 13 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Jane Forrester, 7648 High Ridge Road, felt color was less a problem than the extra traffic generated by this project. Ron Vanderwey, 14 Redwood Court, had no problem with the project, but wanted to know the long range plan on traffic. Mr. Cwynar responded that High Ridge was a County road. Mr. Vandewey expressed concern that water would be diverted to this project and away from his community in Cedar Ridge across the road. He thought a stop sign on Miner road would be a good thing, but especially wanted to see a traffic-calming device in that area. Tamara Pilosi, 109 Spruce Street, a resident of Cedar Ridge, was concerned about traffic. She also felt that pastel colors would be more in keeping with the rural environment in which the project would be built. Chair Wische closed the floor to the public. 11m Hernandez stated that High Ridge Road was now at service level "B" which meant it was almost free-flowing traffic. According to the County's projections, when the entire area is developed, it would never need more than two lanes and would never drop much below its current level of service. A level of service of "D" is allowable in Palm Beach County before a road is considered to be over capacity. He commented that the applicant and the City had been working with County Commissioner Newell and the County Engineering Department to time the signals to give people enough time to make turns onto Hypoluxo and Gateway. At the request of the City and the expense of the developer, High Ridge Road will be three-Ianed along the entire project frontage, which will allow the project to create turn lanes in and out of their development, and this should help the free flow of traffic. Laurinda Logan, Senior Engineer, pointed out the City is working cooperatively with people from Quantum Park to improve both Gateway and High Ridge Road to increase the number of turn lanes from southbound High Ridge Road to eastbound Gateway Boulevard to get to the Interstate. This is in progress and will happen as the separate developments are constructed. Ms. Jasciewicz asked for and received confirmation that the applicant would meet with staff to discuss the color issues. Motion Mr. Casaine moved to approve the request for new site plan approval for High Ridge New Urban Communities in order to construct 48 single-family homes and 126 town house units and related site improvements on an 18.44-acre parcel in a Planned Urban Development zoning district, subject to the comments made by staff and a specific notation that the color scheme. will be worked out between the petitioner and staff. Vice Chair Hay seconded the motion that passed 6-0. (Mr. Saberson left the meeting at 8:35 p.m. just before the motion.) H. Master Plan Modification 1. Project: Agent: Fosters Mill (MPMD 05-010) Bernard Malatesta, Vice President{Treasurer Foster Mill Homeowner's Association, Inc. N/A Owner: 14 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: New Urban High Ridge PUD APPLICANT: Mr. Tim Hernandez with New Urban Communities APPLICANT'S ADDRESS: 398 Northeast 6th Avenue Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: New site plan approval to construct 48 single-family detached homes and 126 fee-simple townhomes on an 18.44-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: Northwest corner of High Ridge Road and Miner Road (Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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:lPlanningISHAREDlWPIPROJECTSlHigh Ridge- New Urban CommunilieslNWSP 05-016\DO.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORLvl VI.-CONSENT AGENDA ITEM 0.5 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) 0 October 18,2005 October 3, 2005 (Noon) D September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17, 2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) .. , "'to 0 0 r.) Administrative Development Plans NATURE OF ~ Consent Agenda 0 New Business ~"l -: "-.. '-,'j AGENDA ITEM D Public Hearing 0 Legal r~~5 4 C~_~) ,'-'-'- D Bids 0 UnfInished Business ' :. _~.-.r <rr; 0 Announcement 0 Presentation (.1'; , J ~ D City Manager's Report --.. RECOMMENDATION: Please place this request on the September 20,2005 City Connnission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on August 23, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-148. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Dixie (NWSP 05-024) Weiner & Aronson, P.A. Pineapple Grove Properties, L TD Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway Request for new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the (PUD) Planned Unit Development zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D'V'IOPm~eio, ~~ City Manager's Signature ~ w;-~ /' Planning and Zoning . ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\NWSP 05-024\Agenda Item Request Boynton Dixie NWSP 05-024 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-148 STAFF REPORT TO: FROM: Chair and Members Planning and Development Board and Mayor and City Commission Eric Lee Johnson, AICP Ed- Planner () Michael W. Rump~ Director of Planning and Zoning THROUGH: DATE: August 10, 2005 PROJECT NAME / NUMBER: Boynton Dixie PUD / NWSP OS-024 REQUEST: New site plan approval to construct 82 fee-simple townhouses on an 8.6- acre parcel in the PUD Planned Unit Development zoning district PROJECT DESCRIPTION Property Owner: Pineapple Grove Properties, L TD Applicant: Mr. Robert Mathias with New Century Companies, LLC and Pineapple Grove Properties, L TD Agent: Weiner and Aronson, P.A. Location: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (just west of the FEC railroad right-of-way)(Exhibit "A") Parcel Size: 8.6 acres Existing Land Use: MR-5--Medium Density Residential with a maximum density of 5 du/ac with PUD zoning (Palm Beach County) Existing Zoning: RS--Single Family Residential (Palm Beach County) Proposed Land Use: MeDR-Medium Density Residential (9.68 du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: 82 fee-simple townhouses Adjacent Uses: North: Property within the City of Boynton Beach, the northeastern half of the abutting property designated MeDR and zoned R-2 Duplex Residential; the DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-148 STAFF REPORT TO: Chair and Members Planning and Development Board and Mayor and City Commission FROM: Eric Lee Johnson, AICP Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 10, 200S Boynton Dixie PUD / NWSP OS-024 PROJECT NAME / NUMBER: REQUEST: New site plan approval to construct 82 fee-simple townhouses on an 8.6- acre parcel in the PUD Planned Unit Development zoning district PROJECT DESCRIPTION Property Owner: Pineapple Grove Properties, L TD Applicant: Mr. Robert Mathias with New Century Companies, LLC and Pineapple Grove Properties, L TD Agent: Weiner and Aronson, P.A. location: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (just west of the FEC railroad right-of-way)(Exhibit "A") Parcel Size: 8.6 acres Existing Land Use: MR-5--Medium Density Residential with a maximum density of 5 du/ac with PUD zoning (Palm Beach County) Existing Zoning: RS--Single Family Residential (Palm Beach County) Proposed land Use: MeDR-Medium Density Residential (9.68 du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: 82 fee-simple townhouses Adjacent Uses: North: Property within the City of Boynton Beach, the northeastern half of the abutting property designated MeDR and zoned R-2 Duplex Residential; the Staff Report - Boynton Dixie PUD (NWSP 05-024) Memorandum No PZ 05-148 Page 2 northwestern half designated LDR Low Density Residential and zoned R- 1A Single Family Residential Development. The property is developed as a single family residential neighborhood; South: The right-of-way of Gulfstream Boulevard, then property within the City of Delray Beach designated (from the southeast to southwest) Commerce (Industrial), Transitional Commercial, and LD (Low Density Residential [5 du/ac]); East: The rights-oF-way of the FEC railroad and Old Dixie Highway, then property within the City of Boynton Beach designated Special High Density Residential-SHDR (20 du/ac) and zoned PUD Planned Unit Development; West: Developed single-family residential neighborhood within the City of Boynton Beach with a land use designation of LDR and zoned R-1A. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request for new site plan approval 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: Site Characteristic: According to the survey, the subject property is a fairly rectangular-shaped parcel, 8.6 acres in size, containing 69 trees and a mixture of native and exotic vegetation. The species include the follOWing: Ficus benjamina, Sabal palmetto, Tropical Almond, Ear Leaf Acacia, Royal Poinciana, Schefflera, Wild Tamarind, Strangler Fig, Green Buttonwood, and Ficus nitida. The parcel is located outside the city and within a small enclave of unincorporated Palm Beach County. The survey shows an existing six (6)-foot chain link fence is located along the east and south property lines. It would be removed as a result of the proposed development. Also, the City Forester / Environmentalist determined that site contains several existing gopher tortoise burrows. Therefore, the applicant must provide a Flora and Fauna survey to the City and obtain a gopher tortoise permit from the State of Florida Wildlife Commission. The applicant must submit a copy of the permit application to the City Forester prior to the issuance of the property Clearing and Grubbing permit (see Exhibit "C" - Conditions of Approval). The highest ground elevation (19.09 feet above sea level) would occur near the center of the property. The applicant proposes to develop the subject property with 82 fee-simple townhouse units. Approval of the site plan would be contingent upon the approval of the accompanying request to annex the property into the City of Boynton Beach (ANEX 05-003) and to rezone it from Single-family Residential (unincorporated Palm Beach County) to PUD (LUAR 05-007). Fee-Simple townhouses are permitted uses in the PUD zoning district. The maximum density allowed by the proposed, Medium Density Residential (MeDR) land use classification is 9.68 dwelling units per acre, which would provide the developer a maximum of 83 units. The project would be built in one (1) phase. Staff Report - Boynton Dixie PUD (NWSP 05-024) Memorandum No PZ 05-148 Page 3 Concurrency: Traffic: Utilities: ANALYSIS A traffic impact analysis was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. On May 20, 2005, the Palm Beach County Traffic Division determined that the proposed residential project is located in the county designated Coastal Residential Exception area and therefore, meets the Traffic Performance Standards of Palm Beach County. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project to a total of 35,500 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 16,000 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "c" - Conditions of Approval). Police/Fire: Police and Fire review is pending and will be presented by staff if available at the time of the City Commission hearing. 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. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "c" - Conditions of Approval). School: The School District of Palm Beach County must approve the project for school concurrency prior to the issuance of any building permits (see Exhibit "c" _ Conditions of Approval). Driveways: The plans show that the project would have one (1) point of ingress / egress. This driveway opening is proposed along Gulfstream Boulevard, approximately 75 feet from the east property line. Both the entrance and exit lanes would be 10 feet in width and separated by a 12-foot wide landscaped median. The exit lane would allow for both right-turn (west) and left-turn (east) traffic movements onto Gulfstream Boulevard. The plans also show a 20-foot wide stabilized emergency access point, proposed near the west boundary of the project, along Gulfstream Boulevard. This access point would be used for emergency purposes only, and only if the main entrance is obstructed. According to the site plan (sheet SP-l), the rights-of-way, internal to the development would be 40 feet in width. Each side (or half) of this right-of-way would consist of 10 feet of asphalt, a four (4)-foot wide Staff Report - Boynton Dixie PUD (NWSP 05-024) Memorandum No PZ 05-148 Page 4 pedestrian sidewalk, valley gutter (for drainage purposes), and the remaining portion would be a swale (grassy area). In strategic locations, paver crosswalks are used to direct pedestrian traffic and to alert motorists. Parking Facility: Three bedroom dwelling units require two (2) parking spaces per unit. The project proposes 82 three bedroom residential units and therefore, would require 164 parking spaces. Each unit would have a two (2)-car garage. This provision equals the required parking. Also, the site plan (sheet SP-1) indicates that the driveways in front of each unit would also accommodate two (2) parked cars. The detail shows the driveways would be dimensioned 18 feet in depth and be as wide as each garage. The plan would also provide eight (8) off-street parking spaces and seven (7) on-street parking spaces for a total of 343 parking spaces, or an excess of 174 spaces. Landscaping: Over 2.4 acres of the subject property would be set-aside as "green area". This pervious surface would account for 29.1 % of the total site. The tree removal plan (sheet T-1) indicates the presence of 69 trees for a total of 1,069 caliper inches. The plan indicates that 19 of the 69 trees would remain. The landscape data on sheet L-4 indicates that the project would have a total of 359 canopy trees, 60 palm trees, 5,830 shrubs, and 3,744 groundcover plants. The plan would provide over 50% native species in each of the above referenced plant categories. In summary, the project would provide a mix of canopy and palm trees. The tree species would include the following: Gumbo Limbo, Carpentaria palm, Pigeon Plum, Green Buttonwood, Silver Buttonwood, Golden Shower, Coconut palm, Satinleaf, Japanese Fern tree, Black Ironwood, Lavender Crape Myrtle, Solitaire palm, Live Oak, Florida Royal palm, Cabbage palm, Purple Glory tree, and Winin palm. The plans propose landscaped areas around the entire development. However, the landscaped areas would not be part of a separate "buffer tract" or easement but rather, as part of the fee-simple back yard of each property owner. Therefore, in order to ensure proper maintenance of the landscaped areas at the rear of each unit, staff recommends that they be maintained by the Home Owners Association or protected as such in the Home Owner's Association documents, so that no individual property owner removes any of the required plant material along the perimeter of the PUD (see Exhibit "c" - Conditions of Approval). The applicant has affirmatively indicated to staff that the Home Owners Association would restrict property owners from removing landscape material. The landscape plans indicate that the north (rear) and west (side) perimeters would contain a mix of Green Buttonwood and Lavender Crape Myrtle canopy trees with a continuous row of Redtip Cocoplum hedges installed at their base. The specification sheet indicates that they would be installed at 12 feet to 14 feet in height and spaced as close as one (1) tree per 15 feet. Staff recommends that all trees proposed along the west, north, and east property lines be installed at a height between 14 feet and 16 feet (see Exhibit "c" - Conditions of Approval). The east (side) perimeter would have additional plant material installed in order to provide increased buffering from the railroad tracks. The plans show that Live Oak Staff Report - Boynton Dixie PUD (NWSP 05-024) Memorandum No PZ 05-148 Page 5 trees, clusters of Cabbage palm, a row of Green Buttonwood hedges, and a six (6) foot high pre-cast concrete wall would provide for this added buffering. The plant material proposed along Gulfstream Boulevard would consist of Japanese Fern trees, clusters of Cabbage palm trees, and a wall (identical to the wall proposed along the east property line). A row of 36-inch tall Redtip Cocoplum hedges is proposed on the outside of the wall, facing the street. The dense layout of townhouse units along the west boundary maximizes the contrast between the subject project and adjacent single-family homes. Therefore the west buffer increases in importance, particularly if the western building is not split into individual buildings with fewer units, as described in the following section. The interior lots would contain less plant material than the perimeter lots. The landscape plan shows that the rear yard of each interior lot would contain a Green Buttonwood tree spaced one (1) tree per 30 linear feet, with a continuous row of Redtip Cocoplum hedges installed at the base. Staff recommends that the spacing of these canopy trees be no more than one (1) tree per 20 linear feet, regardless of proposed lot lines (see Exhibit "C" - Conditions of Approval). The air conditioner units would be placed within the rear yard of each lot. Wild Coffee plants would screen three (3) sides of each unit. The plant material proposed in the front yard of each townhouse would consist of White Bird of Paradise, Florida Thatch palm, and / or Winin palm. The street trees proposed within the development would consist of either Pigeon Plum or Black Ironwood trees. Building and Site: As previously mentioned, the maximum density allowed by the Medium Density Residential (MeDR) land use classification is 9.68 dwelling units per acre, which translates to a maximum of 83 units. The site plan proposed 82 units. It should be noted that according to the Comprehensive Plan Future Land Use Support Document, Section VII, Problems and Opportunities, the fOllOWing is recommended: "This property should be annexed into the City prior to providing water or sewer service. The portion of this parcel abutting the FEC tracks for a depth of approximately 175 feet should be placed in the Medium Density Residential land use category and R-2 zoning district, which would allow for the construction of a row of duplexes similar to that which exists further to the north, along S.E. 2nd Street. The property which lies to the west of this line should be placed in the Low Density Residential land use category and R-1A zoning district." According to these directions, that portion of the property earmarked for the Medium Density Residential designation would be eligible for development of up to 25 units (::!:2.6 acres x 9.68 du/ac), and the remainder would provide another 29 units (::!:6 acres x 4.84 du/ac) for a development total of 54 units. By utilizing the PUD zoning, these units could be arranged with a higher density unit type being constructed along the eastern boundary of the property adjacent to the FEC right- Of-way and a less-dense unit type constructed abutting the single family development to the west, or the density could be dispersed uniformly on the property. The applicant is requesting a single land use designation with a density of 9.68 du/ac and proposing a development containing 82 units utilizing the same Staff Report - Boynton Dixie PUD (NWSP 05-024) Memorandum No PZ 05-148 Page 6 unit type throughout. Given the size of the subject site, adjacent railroad right-of-way and land values, staff recognizes the challenge to providing single-family homes combined with town homes on this site. However, alternatively, staff recommends that the building be reduced in length to lessen the impression of density along the western border, or that the buffer width be widened and contain more trees and other plants. The site plan tabular data indicates that the buildings would account for 2.831 acres or 32.9% of the entire property. The recreation building and pool deck would account for 4.3% of the site. The remaining portions would be comprised of roadways / driveways, sidewalks, and pervious surface. The 0.372-acre recreation area would accommodate a swimming pool and a 708 square foot cabana / veranda facility. However, only 98 square feet of the cabana bUilding (i.e. the restrooms) would be considered as building area, the remaining portion would be without walls but still "under roof". The site plan does not indicate the dimensions / land area of the tot-lot; it appears to be 2,700 square feet in area. The recreation / pool area would be located at the southeast corner of the property while the tot-lot would be located within the project interior. According to Chapter 2.5, Section 9.B., when rezoning a property, no minimum lot size or minimum yard shall be required; provided however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone. The abutting lots to the west are zoned Single-family Residential Dwelling (R-1-A). As such, the rear setback of the R-1-A zoning district is 25 feet. The site plan proposes a side (west) setback of 25 feet on the subject site. The abutting lots to the northwest are zoned R-1-A and to the northeast are zoned Single-family & Two-family Dwelling (R-2). As such, both zoning districts (R-1-A and R-2) require a 25-foot rear setback. The site plan proposes a rear (north) setback of 25 feet on the subject site. The Florida East Coast Railroad owns the property to the east. Its' zoning could be construed to be Community Commercial (C-3) with a zero (0) side setback. The site plan proposes a 15-foot side (east) setback on the subject site. The rear of each building is proposed 15 feet from the south property line, along Gulfstream Boulevard. It would have been desirable to have these units face Gulfstream Boulevard similar to the design of Heritage Club, which will front town home units along Gulfstream Blvd, just west of US 1. At minimum, staff recommends that the rear facades of these units be enhanced to have some resemblance of the fronts of the units to enhance the streetscape. The Typical Lot Details illustrate the proposed placement of the unit within each respective fee-simple lot. The project proposes two (2) different types of lots, namely, a Premium (perimeter) lot and a Typical (interior) lot. The perimeter lot would be 42 feet wide and 72 feet deep. The interior lots dimensions would be 42 feet wide and 62 feet deep. The actual buildings would be placed no closer than seven feet (7) from the front property line and two (2) feet to a side corner line. The units attached to each other would have no side setback (between each lot). Staff Report - Boynton Dixie PUD (NWSP 05-024) Memorandum No PZ 05-148 Page 7 Perimeter units would have a 25-foot rear setback while interior units would have a 15-foot rear setback. The applicant is requesting provisions for swimming pools and screened-roof enclosures within the rear yard of Premium lots. According to the details, the pool would be setback seven (7) feet from the rear lot line while the screen enclosure would be setback six (6) feet from the rear lot line. Staff has no objection to the allowance of pools and screened rooms provided that the plant material proposed within the perimeter of each fee-simple lot would remain consistent with the landscape plan. It should be noted that these setbacks are minimum and that any pools constructed within each lot would not interfere with landscaping or air conditioner units. However, staff recommends that the height of the screen enclosures be limited to the mean height of the house on which the structure is proposed (see Exhibit "C" - Conditions of Approval). The elevations show that the mean height of the two (2)-story town homes would be 32 feet - eight (8) inches tall and the peak of the roof would be 37 feet - two (2) inches tall. The maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. Design: Associated with the proposed type of townhouse developments are a wide variety of possible building designs (i.e. contemporary, traditional, Spanish-Mediterranean, etc.). This project would be considered as more of a mixture of traditional with hints of "Charleston" architectural accents with the front elevations having columned double porches, classic shutters and projecting pediment sections. The design, as proposed, would provide for a sense of separation between units. The articulation of the front fa~ade would relieve the monotony and lessen the perceived density typical of townhouse developments. The elevations show the roofing material would be a Concrete flat roof tile. The exterior finish of the walls would be smooth old world stucco. The applicant is proposing a variety of color schemes. The Duron paint colors are as follows: Scheme Colors Paint Location 1 Terra cotta DCR 035 Drawing Room Exterior Walls Black Shutters & Door White DCR 100 Charleston Accent MoldinCls & Base 2 Tan DCR 002 Aiken Ivory Exterior Walls Garnet Shutter & Door White DCR 100 Charleston Accent Moldings & Base 3 Yellow DCR 014 Low Country Exterior Walls Spoon Bread Rockwood Shutter Door Dark Green White DCR 100 Charleston Accent Moldina & Base 4 Light Yellow DCR 008 Blake House Exterior Walls Hamilton Shutter & Doors Staff Report - Boynton Dixie PUD (NWSP 05-024) Memorandum No PZ 05-148 Page 8 Blue White DCR 100 Charleston Accent Molding & Base 5 Light Green DCR 084 Acanthus Exterior Walls Black Shutter & Doors White DCR 100 Charleston Accent Molding & Base 6 Off-white DCR 7009 Exterior Walls Midnight Shutter & Doors Sky White DCR 100 Accent Moldings & Base 7 Light Blue DCR 069 Exterior Walls Black Shutter & Doors White DCR 100 Accent Moldings & Base Staff has no objections to the proposed building colors, architectural style, or roof types. Staff encourages feature lighting emphasizing plants, trees, barriers, entrances, and exits (Chapter 9, Section 10.F.3.). The applicant has indicated to staff that these elements would be provided within the construction drawings. Signage: Project development signs are proposed on each side of the main entrance. The construction details plan (sheet L-6) shows that it would be 38 square feet in area and contain black, decorative aluminum pin lettering. The wall in which the sign would be placed, would be five (5) feet - nine (9) inches in height. The sign face would be placed in between two (2) decorative columns on the wall proposed along Gulfstream Boulevard. RECOMMENDATION: Staff has reviewed this request for new site plan approval and recommends approval, contingent upon the approval of the corresponding petitions for annexation (ANEX 05-003) and rezoning to PUD (LUAR 05- 007), subject to satisfying all comments indicated in Exhibit "c" - Conditions of Approval, and in particular the recommendation to improve the transition to the adjacent single-family homes to the west. As described in the corresponding rezoning report, a land-use recommendation from the Comprehensive Plan acknowledges the adjacent single-family homes and railroad rights-of-way, and therefore recommends split zoning/land use classifications. Staff opines that the size, location, and value of the subject parcel is a challenge to the split-use concept, and therefore supports the townhouse project. However the borders of the project should be designed to minimize the impression of density, through building length, design, and / or setbacks and denser landscaping. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\NWSP OS-024\Staff Report.doc elt Limit LOCATION MAP Boynton-Dixie Exhibit A E-GA:RlE-ST u If tH::F8TREA1lII"BL.y GtfI;F&t'-REAM-B 370 N 370 Feet A 185 o " '. ,'''" ~ """ <,,t o\i~, ~ -~ i~;; ~F:; <D ;~. g~ :.:.~~ AU i~jl 00 " I '\ " GULF STREAJ.I ESTATES PLAT NO. 2 (P8 13. PG 51) I '~. ~ \, . . ,"4~.t~ ;'" "J~t f~q!~f' "'~ v.", I J ilt ~ ", ''!'D,. '. :1lI '~".> ~ . '" !P',,- " f', j>r t! 1~1 I;r ~ii ~~l ;~~ ~il !I i~ ~ ~g'iP4"iili'~ *00BI.~ ..~.gI0~rHII....noe"'r UUlj'ilIIlJI : ~ 'I : flli : I iliil:!mijii 0 Ii I i ~f d~ I U J I I ii j!!'. Ii I II all i ~ '" , ~ CITY Of BOYNTON BEACH, PALM BEACH COUNTY. F"L ~ r BOUNDARY & TOPOGRAPHIC SURVEY BOYNTON-OIXIE TOWNHOMEs TRACT 1 ",<> -{.'" '~... ;..~ ~ i i j ;. ~ ~ ~ ~. ~ ~ b > ~~ r- ~3 :! 5 'j Me I ~ ~ !! ~ \.. '.' ' I U' S 'of 'f~("... ;i~~ : $ ---l S ;" . ' . 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"""""" ~ Ii " ~i zn~z .. . &l ~ "'" ! ! mm ~ a t8" : -I ,~ ~ g ill '-...;, : ~ ~ ~ ~~~~~~ l ~jj! g . ~ ~ ~ 11 -N-.::9 I!l i :&=G~i ~! ... . S i "- . ,. 0 ~ ~ i ~ 0 ~p EXHIBIT B GUlf STREAM ESTATES PLAT NO. 2 (PA 1 J. PC 51) GRAYSON HEIGHTS (P8 23, PC 220) I ; ~ ~~ ^N ",0 I ~ / ~ ~ ~ I LoI ~ ~ ~ ~-- ~ r ~~ ~ ~ ~ II ~ ~~,.. I, ~ "'", ~ ~~ A: ~ !O~ g ~:; ., ~"'" ~ ~ ~~~ H~.~ i -- ;!! i~i! I d~ ~o> ~~~ .=;1 I; ~~~ ~~ M;~ €~ !!! i~ ~~~ ij SSP Illi;' il!i 111/!ii !i i II I .1,:1 "I" II "~'I' 'I ' II Imi:! .: ~:~r, sq,llsHd ~~ '~jq la ~;~ ~j:!~ ~ ;~ 'i~;!~! I; ii Iii! ~I ; U ~ I ~~ ~~ Si ~~ ~f f~ e ~l ~~~ ~~ l:h~ ~~ ~~~ ~ ~ '~ ~~ i~ ~ ~ ~ " ~~ ~ ~~ ~ ~.~ 51 ~ ~ (J)a ~~ If;! ~21:i "tJ I :< M::;~ .!. ~ H ~ijffi N !!m~ (]I ~ f-1 $ ~i~ BOYNTON - DDaE ~~ TOWNHOMES j ~ bTY OF BOYNTON BEACH, PAlM BEACH COUNTY. FlORIO" . il ;r; SITE PLAN i!i ! ! ! ! ~~!?7?S 1= i ~ ~~~~~a~,.~ ,,~~:.h~;.I:~:~,;"O r::~h.L~.63~~~ PH; 9504-943-9.33 . FAX: 954.-783-.764 00\1E. I,. .IVI.IOIlI ~n :nmz 'Oz ~~ tT1 5~--1":::: ; zC"": ~~~ 5 i ~ ~ m ~ ; ~ !IJ ~ ,,"! !!\ ~~~ i 'i ' b h i1 EXHIBIT B f~~m ~g! I il FLORIDA EA srCOASrb. I , '",ILROAD. . . ~ l~, ! ~HIGHW/""'- ---'- - . .,. . -------- ,- ! !" ~----~"r .! i" j !-. l_lL ~ J r~ ! II!' i ____________ !~of ! . ill {' ~ ~ .Ii 11; " ,. ~ Landscape ItUf'OI'Idrlog lo tllte D . A~C"'1(C""1 B~~ Overall Plan C_fth1-1"'_O!l . C r 1t...._tloOltC. ~.l"..CAPf UC.'HClUU Boynton - Dixie Town Homes lA."U""'", II ~ . C._h7-Z1_05 Qt. :','::;::::::::.""".. ;-.LJ~ ~ .c i ~ ~ ~ . i Gulfstream Boulevard ~~~L~~~~!..~~.L1ANCE " Boynton BeactJ. Florida .._Il.... h. I[~"':.tll.._ r.u.~lL)l""flJ, 1_ ___.... , . ~:: z I:) ~ ,.. ~ 8 m ,.. <5 ,.. m ~ -j <5 z ~lO ~ ( .. q ~ ~ !,. a, b: . ,. q , , . < . ,. . . . , EXHIBIT B I tU '" dv ~ S:;! ~ i~ .~ ;' :;! .." :;:: :5 > z I:) ~ ~ ;, , Z ! ) -j ;, I ~ ,.. <5 ,.. ;/ m X ~ <5 I z /, , \ j, \ \ /, I IUIII I jli I i .ll :~ ~!! ! I I I . I! j6 I I i: inl ~:~ I~I II II ""I n~1 IIn~llli 111I ii u! ".,11 ;~~;~ It: U'II ::= II Ii ~ il firi ,,' dll.., ~:1 q P I HI ~ilI ~f if~1 I ') r ,. I tl i.1 /I I .. .... . ;~ ml n m im: I. ~ Iff! I ~~ P I ::t> Co) 8 I WII!I.' ~,'b' II "';!IIM 1.'11 I .;.1 n~1 """ .1.'.1 III'" III" lin iili ~n~! ' I ~ , , 'I ,.1 i,.i 0. i.1 ,. II_ Ill.... . .11 ", I Ii ===1 ~~ ~~~ I~~~: :mm,11 i~ m~ ~~~ '11d ~ it U ! I! ... ~ :1 . HI F~ 'i ~ '" . Ii I I!!m~ "'>e'" ~nr~ ::II" o :S z .. ., ~ 1; q ~ b r. i t. i &1' 11;11;11 ..~;i: :m~ IIli II~ m ~ Uftfr &&1'11 ::= lilll ~ ii ~ ~ ,IU I'iri ,,' d,~ .., ~:1 ii ~' . HI ~~ ~f ~;!I I Ii ~ '" . ~..i /I II ... ...... I ,. '''I I I.' I. ~II ~~ t~~ I~~~: .'IS' :11,1 :1' !ii~ iltP. TI i I,I,I,!.,: Il'i 111I i i ";';j "" :il I I- U"I ::~ ! i I ii lin Iii" d L., ~ :1 n ~' . HI F~ ~f ~fill I ') ~ ,. I tl i.1 /I I ... 1111II11 . ,Ill; ". . Ii mil ~~ m m:: I. BOYNTON . DIXIE TOWNHOMES ./'111 I 'Wi ~o -0 ([)(l). !:!l.ib O'ClN :J BOYNTON BEACH, FLORIDA ~l :' I EXHIBIT B / ~~ i ~ ~ ~~ -." ~ I I~ i~ ?~ ,.... i i' i' I Ii ~ sf ~! ~ ." ." <: <: ~ ~ . )> )> z z 0 0 ~ ~ ~ .... <: . ,. z )> C1 C1 "' '" '" a ~ "' "' "' ~ .... ~ I -< 0 0 z z . I I 8 I I I \ l; ~ .... !:1 ~ ~ \\ ~ ~ b; b: .. \ nrl W1t!I" IIi; ~! b: j.!Jc~ I' > . \ I &- -m &- I \ -i;!lli.I UJj ~ IWt~I" lili I -III . ~. I I j. -I.' II !II I ~'.III' I.. J I!i If'. Ii ~ JiU i .. "11' : BOYNTON . DIXIE :p ~O-c m ~ :.11' )> '" :111 . TOWNHOMES :'1'1'1: (!)(!).. ,,' f <r- !ii~. !!!.ib C.J . < sa ~ \' g :s fir O'QN ~ " Z .. ill. 80\t>lTON 8EACH. FLORIDA ::J .. ~ EXHBIT "C" Conditions of Approval Project name: Boynton Dixie File number: NWSP 05-024 Reference: 2nd review plans identified as a New Site Plan with a Julv 19. 2005 Planning and Zoning Department date stamp marking. II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide an acceptable turn-around for the northeast dead-end roadway. The X turn-around may be placed either at the end of the dead-end roadway or may be placed in the green area west of the northeast grouping of townhouses. 2. The applicant shall provide design plans for reconstruction of the X FECRR/Gulfstream Blvd. crossing, including roadway re-alignment, curb & gutter, concrete median dividers, striping, and signals. The applicant shall provide an engineer's estimate for the railroad crossing. The City will consider sharing the cost of construction of the FECRR crossing. The extent of cost share is subject to allocation of funds in the City budget for fiscal year 2006/2007. The concrete median on the west side of the tracks shall extend west a minimum of 100 feet. ENGINEERING DIVISION Comments: 3. If the City Commission approves the Site Plan, the applicant shall enter the X plat process through the City's Engineering Division. A preliminary plat application may be initiated during the Site Plan review to expedite issuance of the Land Development Permit. 4. The medians on Gulfstream Blvd. have existing irrigation and plant material X belonging to and maintained by the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. The contractor shall notify and coordinate with the City of Boynton Beach Forestry & Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activities. Please acknowledge this notice in your comments response and add a note to the appropriate plan sheets with the above stated information. 5. Full Drainage Plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of COA 08/22/05 2 I DEPARTMENTS INCLUDE REJECT permitting. 6. 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. 7. 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: 8. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 9. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 10. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site Plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 11. The Utilities Division will not require surety for installation of the water and X sewer utilities, on 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. 12. 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 project, in accordance with the CODE, Section 26-15. 13. At the time of permitting, the applicant will be required to verify the sizes of X the existing water / sewer line sizes. The eight inch (8") line depicted in Gulfstream Boulevard may only be six inches (6"). 14. The proposed water main system is shown tying into an 8-in. line on the south X and north. The northerly existing main reduces to 6-in. west of the railroad tracks. The northerly line shall be upsized to a 12-in. main to Seacrest Blvd. COA 08/22/05 3 I DEPARTMENTS INCLUDE REJECT This work shall be coordinated with the developer of the Gulfstream Mall property. Work will include providing a hydraulic analysis showing that the proposed work, including main upgrade is capable of providing adequate flows for domestic use and fire flows for this development. 15. Revise alignment of the water main to the north to keep the main out of the X FECRR ri~ht-of-way as lon~ as possible. 16. Extend sanitary sewer mains, and add manholes as necessary, to the end of X each dead-end section to properly service each fee-simple townhouse. 17. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction pennit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 18. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be detennined 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 pennit application. 19. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the buildin~ design. 20. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 21. At time of pennit review, submit signed and sealed working drawings of the X proposed construction. 22. Identify within the site data the finish floor elevation (lowest floor elevation) X COA 08/22/05 4 DEPARTMENTS INCLUDE REJECT that is 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. 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; b. 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). 23. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse/recreation building, provide the following: Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? Will there be any additional deliveries to the site? Will there be any additional employees to maintain and provide service to the site? Please 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 pool/clubhouse/recreation building-. 24. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 25. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 26. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The full name of the project as it appears on the Development Order and the Commission-approved site plan; 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 COA 08/22/05 5 DEPARTMENTS INCLUDE REJECT Commission-approved site plans; The number of dwelling units in each building; The number of bedrooms in each dwelling unit. 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). 27. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 28. At time of building permit application, submit verification that the City of X Boynton 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 legal description of the land; The full name of the project as it appears on the Development Order and the Commission-approved site plan; 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; The number of dwelling units in each building; The total amount being paid (CBBCO, Chapter 1, Article V, Section 3(f)). 29. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 30. The full address of the project shall be submitted with the construction X documents 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. 31. The mail kiosk is considered a "common area" and shall comply with the X handicap accessibility requirements in 2001 FBC, Chapter 11. COA 08/22/05 6 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 32. Recreation and Parks Impact Fee; X 82 single-faily attached units @ $771.001unit = $63,222.00. Must be paid prior to issuance of first permit. FORESTER/ENVIRONMENT ALlST Comments: 33. There are several existing gopher tortoise burrows on the site. The applicant X must provide a Flora and Fauna survey to the City and obtain a gopher tortoise permit from the State of Florida Wildlife Commission. The applicant must submit a copy of the permit application to the City Forester prior to the issuance of the property Clearing and Grubbing permit. 34. The Landscape Architect should review the tabular mitigation for the X following (35) trees proposed to be removed and show the trees numbered 2,3,4,5,6,7,14,30,31,33,37,40,41 ,42,43,45,46,49,50,51 ,52,54,55,56,57,58,59, 62,63,64,65,66,67,68,and 69 to be relocated from the site. These trees are all mature native species of trees. 35. All shade and palm trees on the Trees and Palms List must be listed in the description as a minimum of 12 feet to 14 feet in height, 3-inch DBH (4.5 feet X off the ground), and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12 feet to 14 feet to meet the 3-inche diameter requirement; or any clear wood (cw), gray wood (gw), or "wood" specifications (Chapter 7.5, Article II Sec. 5.C. 2). The landscape design should include the City signature trees (Tibochina granulosa) at all of the ingress 1 egress areas to the site. These trees must meet the minimum size specifications for trees (Chapter 7.5, Article II Sec. 5.C.3.N.); The applicant should show an elevation section indicating how the height of the proposed landscape material will visually buffer the proposed buildings from the Gulfstream Boulevard road right-of-way; All shrubs specifications should indicate the spread dimensions. PLANNING AND ZONING Comments: COA 08/22/05 7 I DEPARTMENTS INCLUDE REJECT 36. To follow the intent of the recommendations of the Problems and X Opportunities section of the Future Land Use Element Data and Analysis, pertaining to land use compatibility, the western building, containing 12 units, should be broken up to relieve the wall-like effect against the adjacent single-family development and/or separated from adjacent single family homes with a wider buffer and increased landscape materials. 37. Add additional architectural design elements to the rear elevation of the units facing Gulfstream Boulevard so as to resemble the front facades, and X to provide some visual variety and interest. 38. Approval of this site plan is contingent upon the accompanying request for X annexation (ANEX 05-003) and land use / rezoning application (LUAR 05- 007). 39. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have evidence (i.e. a letter) of their approval prior to Commission consideration. 40. In order to ensure proper maintenance of the buffer areas, staff recommends X that they be maintained by the Home Owners' Association so that no individual property owner removes any of the required plant material along the perimeter of the PUD, and HOA documents reflect same. 41. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 42. The palm trees proposed around the townhouse buildings must be installed X at Y2 the building height of the building (Chapter 7.5, Article II, Section S.M.). 43. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X encouraged (Chapter 9, Section 10.F.3.). 44. The on-street parking appears to eliminate the ability to have sidewalk on X both sides of the streets. Recommend eliminating these spaces due to the proposed number of parking spaces within the development well exceeding code requirements, and place sidewalk on both sides of each street. 45. Staff recommends all trees proposed along the west, north, and east property X lines be installed at 14 feet to 16 feet in height. 46. The landscape plan shows that the rear yard of each interior lot would X contain a Green Buttonwood tree spaced one (1) tree per 30 linear feet, with a continuous row of Redtip Cocoplum hedges installed at the base. Staff recommends that the spacing of these canopy trees be no more than one (1) tree per 20 linear feet, regardless of proposed lot lines. COA 08/22/05 8 DEPARTMENTS INCLUDE REJECT 47. Staff recommends that the height of the screen enclosures be limited to the X mean height. 48. Consider combining the recreation areas at the central location to eliminate X need for parking spaces, place active areas remote from the vehicle intensive entrance area, and maximize the efficiency in design, ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 49. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 50. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\NWSP 05-024\COA.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Request to rezone from Single-family Residential (RS) to Planned Unit Development (PUD) for the development of 82 town homes, recreation areas and related site improvements on 8.6-acres. Dick Hudson, Senior Planner, reported that staff recommended approval of this item based on consistency with the Comprehensive Plan, existence of capacity to meet the service needs generated by the proposed project, and because it would make an economic contribution to the neighborhood and the City; however, this recommendation was contingent on further modifications to the Master Plan or site plan to improve the transition to or boundary between the project and the adjacent single family neighborhood and also to present a better view toward the street. Michael Weiner, appearing for the applicant, stated that since it was going to be discussed in connection with the site plan, he wanted to reserve his comments, saying only that there was substantial agreement between the applicant. and staff and that the applicant would deal with the few things still under discussion. Chair Wische opened the floor to the public, and closed it when no one came forward. Mr. Saberson was not in favor of this application because of the density. He had spoken at other times about his interest in protecting single-family subdivisions and the proposed density was going from 5 units an acre to almost 10 units an acre. The applicant was maximizing the density to the greatest extent possible. He referred to existing polides in the Comprehensive Plan that called for having lower densities next to single-family residential and higher densities next to the road. An approval of this project would be in direct conflict with that. Another policy was quoted that says, "The City shall continue to maintain and improve the character of existing single-family and lower density neighborhoods by preventing conversions to higher densities, except when consistent with adjacent land uses." This high-density project would be inconsistent with adjacent land uses and he could not support the request. He would consider approving it if the applicant came in with a plan that was more protective of the single-family adjacent neighborhood. Motion Mr. Cwynar moved to approve the request to amend the Comprehensive Plan Future land Use Map from Medium Density Residential (MR-5) to Medium Density Residential (MeDR). Mr. Baldwin seconded the motion that passed 5-2, Ms. Jasciewicz and Mr. Saberson dissenting. Motion Mr. Cwynar moved to approve the request to rezone from Single Family Residential (RS) to Planned Unit Development (PUD) for the development of 82 town homes, recreation areas and related site improvements on 8.6-acres. Vice Chair Hay seconded the motion that passed 5-2, Ms. Jasciewicz and Mr. Saberson dissenting. A. New Site Plan 3. Project: Agent: Boynton Dixie (NWSP 05-024) Weiner & Aronson, P.A. 4 Meeting Minutes Planning &. Development Board Boynton Beach, Florida August 23, 2005 Owner: Location: Pineapple Grove Properties, L TD Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway Request for new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the (Planned Unit Development (PUD) zoning district. Description: Chair Wische declared this project had 48 staff conditions and asked the applicant's position on them. Michael Weiner, appearing for the applicant, stated there were 47 conditions on which they agreed. They did not, however, agree with Condition #36 on the topic of separating the twelve units to relieve the "wall-like" effect against the adjacent single-family development and/or separate them with a wider buffer and increased landscaping. Mr. Weiner stated that increasing the landscape materials would not be a problem. They were not opposed to the spirit of Condition #36 and believed they could separate the buildings into 2 six-building pods, However, he asked for the record to reflect that final resolution on this would take place when they next met with staff. Ms. Jasciewicz asked the applicant to consider replacing the proposed chain link fence between the project and the single-family residence(s) with a wall. One and a half of the back yards of the proposed project would be facing one residential back yard. Mr. Weiner responded that the trees would be 20 feet off center and there would be a substantial amount of vegetation. Walls create a maintenance problem for the homeowner and the project and present safety issues since people find them a good place to hide behind and jump over. They thought this would be best addressed with a vinyl chain link fence and additional landscaping. Ms. Jasciewicz suggested combining the tot lot with the regular recreation area and putting it in the center of the project. Mr. Weiner said they were thinking of eliminating parking to make the area larger and would discuss this with staff. Chair Wische opened the floor to the public and closed it when no one came fOlWard to speak. Eric Johnson, Planner, stated that staff recommended approval of the site plan with the conditions. Attorney Tolces declared, in response to a question from the board, that Condition #36, as written, provided for the ability of the developer to work with staff to meet the intent of the recommendations. Approving it with that condition could require the applicant to meet with staff anyway. Ms. Jasciewicz wanted the motion to reflect her concerns as stated. The Board did not concur with the recommendation for a wall. 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Motion Mr. Cwynar moved to approve the request for new site plan approval to construct 82 fee- simple town houses on an 8.6-acre parcel in the Planned Unit Development Zoning District, subject to all staff conditions. Mr. Casaine seconded the motion that passed 6-1, Mr. Saberson dissenting. Ms. Jasciewicz voted in favor of it with the understanding that the applicant would consider her comments and suggestions. Mr. Casaine reiterated that Condition #36 would be worked out between the applicant and staff. B. New Site Plan 1. Project: Cortina @ Boynton Village (NWSP 05- 001) Steve Liller, Hovstone Properties, Florida, LLC The Klatt Family Limited Partnership # 1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for new site plan approval in order to construct 458 fee-simple townhouse units in the Suburban Mixed-Use (SMU) zoning district. Agent: Owner: Location: Description: Steve Liller, Town &: Country Homes, appeared to answer questions. James Williams, Architect for the project appeared also. Chair Wische asked the applicant's position on the 41 staff comments. Attorney Tokes swore in the latecomers before proceeding. Mr. Williams declared that the applicant agreed with all staff conditions except clarification was needed on Conditions #19 and #40. Condition #19 refers to a greenway to be consistent with the greenway proposed along the Renaissance Commons project. They would prefer green area or green space to the term greenway. Eric Johnson, Planner, said the word greenway was used to be consistent with the greenway proposed for the Renaissance Commons project. For this project, the greenway would occur along the east and north property lines and would be 40 feet wide on the east and 25 feet wide on the north. Mr. Williams asked for and received confirmation they were talking about an area with walkways and benches, not a wild, nature-type preserve. Mr. Johnson also stated that Parks & Recreation had come up with a definition of what a greenway would look like and it typically included a meandering path with some trees, park benches, and trash receptacles. Mr. Williams felt they could agree to this condition. Mr. Williams declared that Condition #40 referred to the location of the live/work units. Staff suggested eliminating live work units at the northeast corner of the subject property. The ordinance states that live/work units should be located along perimeter roads, and should, therefore, be allowed. 6 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Dixie PUD APPLICANT'S AGENT: Weiner & Aronson, P.A. APPLICANT: Mr. Robert Mathias with New Century Companies, LLC and Pineapple Grove Properties, L TD APPLICANT'S ADDRESS: 1020 South Federal Highway, Suite 102 Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the PUD Planned Unit Development zoning district LOCATION OF PROPERTY: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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:IPlanning\SHAREDlWPIPROJECTSlBoynlon DixieINWSP OS-024\DO.doc VI.-CONSENT AGENDA ITEM E.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . ,-"'-[1 1: f" -''''3 :I: '_f 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) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) ~ 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: Please place this request on the September 20,2005 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be approved on September 15, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-139. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Promenade (SPTE 05-003) Paul D'Arelli, Greenburg Traurig Boynton Beach Waterways Investment Associates, LLC Northeast corner of Federal Highway and Boynton Beach Boulevard Request for a one-year time extension for a new site plan approval granted on July 20, 2004, from July 20, 2005 to July 20, 2006. PROGRAM IMP ACT: N/ A FISCAL IMPACT: N/A ALTERNATIVES: N/A ira;n~~/h . De lop nt Department Director ~'Si~mre L.6!~ Planning and Zo' irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Promenade\SPTE 05-003\Agenda Item Request Promenade SPTE 05-003 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Cc : ~Cst...._~~ 9/,.3/0'5; ~ Greenberg Traurig Paul O'Arelli Tel. (954) 768-8248 Fax (954) 765-14n darelllj)@gtJaw.com ~~~~n~~~ September 1, 2005 CITY MANAGER'S OFFICE Mr. Kurt Bressner City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 Re: Promenade - Site Plan Extension Dear Mr. Bressner: On behalf of our client, Boynton Waterway Investment Associates, LLC, we are respectfully requesting your assistance with a scheduling matter relative to a site plan extension for Promenade. On June 28, 2005, we submitted the attached request to Michael Rumpf requesting a 12- month extension of the site plan approval for Promenade. We also submitted a request to Doug Hutchinson on July 8, 2005, for extension of the incentive agreement for Promenade. Last Tuesday night, August 30, the CRA Board approved a l2-month extension of the incentive agreement. Unfortunately, however, the site plan extension request was inadvertently not placed on the agenda last Tuesday. I confirmed with Ed Breese that the site plan extension will be 'on the CRA Board agenda on September 15, 2005. While we understand that the normal course would require the site plan extension request to then proceed to City Commission in October, our client will encounter difficulties inclosing funding forthe project that is scheduled to occur in mid-September if the site plan extension does not occur until October. Therefore, in order to allow us to move fOlward with our efforts to bring this exciting project.to Boynton Beach, we would greatly appreciate it if you would authorize the Planning and Zoning Division and City Clerk to place this matter on the City Commission agenda of September 20. Thank you for your consideration and please call me at (954) 768-8248 if you have any questions or need any additional information. Sincerely, -... . '.. __..." _ n_.._,_... "____ u~g~ Paul D'Arelli WI [~:\41i,~, [~ Wi L I DEPARTMENT OF DEVElOPMENl I Greenberg Traurig, P.A. I Attorneys at Law I 401 East Las Olas Boulevard I Suite 2000 I Fort Lauderdale, FL 33301 Tel 954.765,0500 I Fax 954.765.1477 ALBANY AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO DALlAS DENVER FORT LAUDERDAlE LOS ANGELES MIAMI NEW JERSEY NEW YORK ORANGE COUNTY, CA ORLANDO PHILADELPHIA PHOENIX SILICON VALlfY TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZURICH www.gtlaw.com .Greenberg . Tra.urig . Paul D'AreIli 954-768-8248 darelliU@2tlaw.com June 28, 2005 VIA FACSIMILE AND FED EX Mr. Michael Rumpf, Director Planning and Zoning Division City of Boynton Beach 100 E. Boynton Blvd. Boynton Beach, Florida 33425-0310 Re: The Promenade - Request for Site Plan Extension Dear Mr. Rwnpf: As you know, on July 20, 2004, the City Commission granted a Development Qz:der approving the site plan for The Promenade project (File No. NWSP 04-009) that is being developed by our client, Boynton WaterwaYs Inves~ent Associates, LLC. . Pursuant the terms of the site plan approval, it will expire on July 20, 2005 if a building permit has not been issued or an' extension is not obtained. This letter is a requ.est for an extension of the site plan approval. OUf client h8$ b~en working diligently on its very successful marketing camp~gn and the project is essentially fully reserved. However, while building plans are complete, negotiations with the proposed general contractors have been ongoing and are not yet .at point' where they can apply for a building permit. Therefore, we are hereby respectfully requesting that the City approve a twelve-month extension of the site plan. As always, ~ank: you for your assistance' with this matter and please call me at (954) 768-8248 if you need any additionalinfonnation. Sincerely, (J~CJ~ Paul D'ArelIi cc: Mr. Jeff Krinsky FTI1DARBLUPI26SOO6IS _h@Oll.DOCI6!28105I99999.6572S9 Greenberg Traurig, P.A.I Attorneys at law 1401 East Las Olas Boulevard I Suite 2000 I. Fort lauderdale, Fl33301 Tel 954.765.0500 I Fax 954.765.1477 f4/~ AlBANY AMSTERDAM ATlANTA BOCA RATON BOSTON Of/CAGO DAUAS . DENVER FORT LAUDERDALE LOS ANGRES MIAMI NEW ./flISEY NEW YORlc ORANCE COUNTY, CA ORLANDO PHlLADElJlHIA PHOENIX S1UCON VAllEY TAUAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM lEAOi WILMINGTON ZURICH www.gtlaw.com DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-139 TO: Chair and Members Community Redevelopment Agency Board Michael Rum~l{MG Director of Planning and Zoning THRU: FROM: Kathleen Zeitler Planner DATE: September 6, 2005 PROJECT: Promenade / SPTE 05-003 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Boynton Beach Waterways Investment Associates, LLC Applicant / Agent: Boynton Beach Waterways Investment Associates, LLC Location: Northeast corner of North Federal Highway and Boynton Beach Boulevard (see Exhibit "A") Existing Land Use/ Zoning: Mixed Use Core (MXC) / Mixed Use-High (MU-H) Proposed Land Use/Zoning: No change proposed Proposed Uses: Retail Restaurant Hotel Residential 16,200 square feet 3,000 square feet 77 units 318 Condominium Units Acreage: 3.975 acres (173,151 square feet) Adjacent Uses: North: Right-of-way for Northeast 4th Avenue, then farther north is developed commercial property, with a Mixed Use (MX) land use classification, zoned Central Business District (CBD); South: Right-of-way for future Boynton Beach Boulevard, then farther south is a vacant lot with a Mixed Use Core (MXC) land use classification, zoned Central Business District (CBD); East: Mangrove Walk at the Marina; and West: Right-of-way for Federal Highway, then farther west is developed commercial (CVS Drug Store) with a Mixed Use (MX) land use classification, zoned Central Business District (CBD). Page 2 Memorandum No. PZ 05-139 BACKGROUND Mr. Paul D'Arelli, Attorney with Greenberg Traurig, P.A., and Agent for Boynton Beach Waterways Investment Associates, LLC, is requesting a one (l)-year time extension for The Promenade Site Plan Development Order (NWSP 04-009) which was approved by the City Commission on July 20, 2004. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 20, 2006. According to the original site plan staff report, the Promenade is a large-scale mixed use project proposed in the central business district of the City and will replace an existing shopping center as urban / infill redevelopment. Proposed development for this project consists of a parking garage, retail, restaurant, hotel units, and condominium units located in three (3) separate buildings ranging in height from two (2) to fourteen (14) stories. The project has been approved for the following: a land use amendment from Mixed Use (MX) to Mixed Use Core (MXC), a rezoning from Central Business District (CBD) to Mixed Use-High (MU-H), a Site Plan (NWSP 04-009), and a Height Exception (HTEX 04-002), and is to be constructed in one (1) phase. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on June 29, 2005, which is 21 days before the expiration date of the site plan approval. According to the time extension application, Mr. D'Arelli indicates that Boynton Beach Waterways Investment Associates, LLC has "been working diligently on its very successful marketing campaign and the project is essentially fully reserved. However, while building plans are complete, negotiations with the proposed general contractors have been ongoing and are not yet at the point where they can apply for a building permit". While it may be true that the applicant experienced delays caused by private matters in construction planning, the onus is still on the applicant to submit drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. In defense of the developer, however, a project of this magnitude would require more time for due diligence with regard to project financing and construction planning. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. On May 17, 2004, the Palm Beach County Traffic Division approved the traffic study for the Promenade project. Based on their review, the proposed mixed use redevelopment project is located within the Coastal Residential Exception Areas of Palm Beach County which exempts the residential portion of the project, and the non-residential portion generates less peak hour trips than the existing 47,000 square foot retail shopping center to be demolished. Traffic concurrency was approved with a build out date of 2006 and no building permits are to be issued by the City for this project after the 2006 build-out date. If the applicant has not obtained building permits for this project by 2006, a revised traffic study will be required for approval by the County. As for utilities, records indicate the utility reservation has not yet been paid, therefore the related condition of approval still stands. The site plan time extension is still subject to the 72 conditions of Page 3 Memorandum No. PZ 05-139 site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. RECOMMENDATION Staff recommends approval of this request for a (l)-year time extension of the site plan (NWSP 04-009). If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 20, 2006. As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the approved site plan. The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. If this request for site plan time extension is approved, all conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. 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FREEDMAN' ENCINOSA & ASSOC. Architects, PA 8085 N.W. I55th Street MIami Lat... florida 33016 305'826.3999 -:::-=-~. o. l't .. o lil=;i:~;;- .tQ~ a; J; ~1ii12 ~ .... ~~..~r;!~ 'Z8PI~~ s= a !:!:'i I!.. ~ ~ 0; ~ ~i~ i ~ " ~ !~ e",~f;l i'" il-;:j ",h~d~ ha~ !l: . eJll ~ e - g ~ ~ M it $ ~ tfl ~ &;j <l t:r:l ~t"" -"'C ;~ ~ ~ ~11 : ------ ------------~---- BOYNTON BEACH BLVD EXHIBIT "8" I --------------t- I I I I I I;) ~ = ;::; en " ~ ~ ~ t;l n .., ~ DESlClN FOR: THE PROMENADE 8OYNYON SEA R.OAIOA N.!. 4th Ave.= . - . -:-::::::---1 JI~ /1111r=-~" I!IF-: ~=-- ;~l:iIT~ -;; - ~,!r - -if - - -I~ il- ~ iji i li,J ---- = ~r~ ,{, Br! 1!I, li..~~ ~r [ ., - 0 II. C'1il' ~ L ~~ ~ :U "~~"" Jli-J;:mr ~ I l~tI!l r J : r'L. >--!~_ -,~ '~."'r ;1 t o'\:JI~ol~ r- _ ~~ __....~, I: rL-=;- i ~l, !';itn l~ I ! 0 0: I I" I r-r-:' ~I m Tit 0 0: F : ~~!i ~ , I -- fOOl: h~:/ 1 [ ~~~ - , , I I~! 0 0 fl~~ ell' '--- ~ ~I _~ ~:"l> l, 1 f--- {!.'f (!.~ ' 0 I '" ~ ,JJ I - i~~ ~_ m:mr ~ 0 :: L I _,-0 ~ - 0 0 ~ .II! '~~ - I I T I ~ 'Ii : I-~ ~ -.-. 10 0 I~ 0- 0 ~ ~j ~o f--- ~I i b i~8 0 0 c:m:n: 0 0 I I it ~~~ ~ n~ I- -- ~ --cd..., ~:i I. :..-.. ~ ~~ '!.ir'~: " - ~L~ Eft: -- -- --- tlIn Ii I ~~~~ ~-f I~ ~~I :J~ i '<Ie III) I--- ~ '7-, ,r-. ;j / J . lIs; QIUn '"" '.., , ,..,..", 'Ob.! II!~ F==- \V I I" :5 ___h / """""'" ~ t ~~ ~:, mJD "0 ~-~~~ ~ i(O~~ ~ !SI iW . ~... ~ ~ r-: :iii ~~\~ ~. l "'0 ; : 'I ~'"~ fiIE i ! ~J~~ c:' ~, I : '-!.lie' ~ &~ : i~i ,',~ 0 ~'Ci: I [~ ~~==="==- ~ t-r of/ _. big l:i I ~ i=~ - ---- L.- " 1Em .0 ~- ~--, i i : ,~ -- ---- C-- r~ @ -@ :1 0 Iii,:! 'I - 1 ~'-- >-- II I ==: 1= ,I 1 L- ill f--- ~ - b 0 ~ g:, ~;:~ I 1 [ ~~... ~ {!.~ Irrnff f!I4 ii EJ : B a8" I ~ - , ! -1 ~~ ~ J ~~~ 21 1 "0 ~ ,G ~ - 'i I. .. ~ _I -~'" I I I ~.. I.. U i I ~-~g "==- 'L..- t ~ \=d 'l-, ~ ~I' J ~i I ..~~ f--- ~ !1 0 : f III 2 (\ i, ~I' m-. 1111 t i' I ] " - i~ " '. pn I' i 'Ii ; , !~ [ -+J"t- -:.f-- -~/ l7 II~ J ;-.: _ i @ r . I I Ie ..., '. I -- cC '9' 'fW ~j ~ ciU. I '- , 'rL-l U ) ~I~ R 1: di " "" l It-I 11~ '/ I ~,' l!I '/ U:'I iL, h~ I ~/,/ ~~" " 1" I ~~ ':,,: < rEM ~ ~!lr;.w ~ /' Iii ~~~ ~: I~.. "'~ \... ~ "__ __ ------- ~\ . -~- ~ T-r _J --_ _ - L: = -L/. \-V ~) _ 0 ~ jf2 ] I ~,~ L~_ - --- ~/ .1 l) oliifill~ I II :,'. [7' . :'l TI {\. S 1 'I ~. .~ ~._._._.-._. .. ~ ~ " :I: i5 : I -< C I ~ I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I I COHEN. FREEDMAN. ENCINOSA &; ASSOC. Architects, P A lOBS N.W. 155th Street MIami Lob.. Florida 33016 305'IU'3999 ~ ~l": ~nTl I I I I I I I I I I I I I I I I I PAB...MNARY DalIGN FOR: THE. PROMENADE BOYNYON SEA FLOADA EXHIBIT "a" ... il! ~ ji;jiiiji I! d ~ IlIa :I~; il~ Kg I~ ~ ---~--. i 111;111 : ~Ir I~ C'l Ell ~ _I il> o~E ; &; ~~ ~ ~ ~ ~ " ~ " I I I I I I I I I :"1 I -, I I" I I I I I I I I I I I I I z o ~ "'"3 =:: t<j E;j rq ~ I: ;>-310- ..- "'0 ~z If" t' t' t' t' t't' t' I S COHEN. FREEDMAN. ENCINOSA & ASSOC. Architects, P A 1015 N.W. 1$5t1l S_ UlamI Lau.. P1or1da 33016 3050126,3999 Ii f err 0 r c:: f >-3 ::r:. i tzj t-< tzj ~ >-3 ..... 0 Z '" " i' ~ 'tl " tI: ~ (=i en <"'} ~ ji;jiiii I t>:l m d ~ III! " ~@ II~ i~ E ~IU ;;;:pj;F~lD I .. 1111111 I s ., .'1111 It :, hal,1 .s ~ !I PRElMNARY ~ FOO lHE PROMENADE BOYNYON SEA R.ORDA EXHIBIT HB'~ Ifl . )1: COHEN. FREEDMAN. ENCINOSA & ASSOC. Architects, P A 108$ N.W. Wth Stnot IlIIam1 LakeI, PlorlAla 3301' 305'1245.3", EXHIBIT "e" Conditions of Approval Project name: Promenade File number: SPTE 05-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. Time extension is subject to the original Conditions of Approval. X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Promenade\SPTE 05-003\Condition of Approval 2 page -CRA 2004 fonn.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Promenade APPLICANT'S AGENT: Paul D'Arelli - Greenberg Traurig AGENT'S ADDRESS: 401 East Las Olas Boulevard Ft. Lauderdale FL. 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005 TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension for one year to July 20,2006 LOCATION OF PROPERTY: NE Corner of Federal Hwy. and Boynton Beach Blvd. 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\Promenade\SPTE 05-003\DO .doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM F 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 0 August 2,2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6. 2005 August 15.2005 (Noon) 0 November I. 2005 October 17,2005 (Noon) [8J September 20, 2005 September 6,2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans (I) , NATURE OF [8J Consent Agenda 0 New Business j-q " AGENDA ITEM 0 0 7"''') Public Hearing Legal c', 0 Bids 0 Unfmished Business ~:!lt , J 0 Announcement 0 Presentation c:'! 0 City Manager's Report j~c:J Ul -- j""71 (~...- I' , i~c; ".' ::::: RECOMMENDATION: Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $138,341.19 in the Sanitation Fund, by $126,535.15 in the General Fund, by $2,777.75 in the Water & Sewer Fund, and by $1,765.00 in the Boynton Beach Memorial Park Fund. EXPLANATION: The City's auditor, Caler, Donten, Levine, Druker, Porter & Veil, recommended that outstanding accounts receivable be written off on an annual basis. Currently, the general ledger of the above funds contains outstanding accounts dating back to fiscal 1997/98. This recommendation will write-off all outstanding accounts from October I, 1997 through September 30,2004. Most of these accounts have already been turned over to our collection agency (CrediTech) and can still be collected. However, outstanding accounts should not be kept on the City's ledger for more than one year. Collections received after accounts have been written off will be recorded as revenue (Bad Debt Recovery). In most instances, outstanding accounts are turned over to our collection agency after 90 days. However, since the invoicing for certain accounts is handled by different departments, we are currently working on establishing a uniform policy for all departments to apply. PROGRAM IMP ACT: Establish an annual process to write-off outstanding accounts that are more than one year old and provide for a uniform process for departments to handle outstanding accounts receivable. FISCAL IMPACT: This has no impact on the balance sheet of these funds; this is an administrative accounting issue. Both the Accounts Receivable line item and the Allowance for Uncollectible Accounts will be reduced by the amounts listed above. ALTE~ NONE 14~/J Department ead's Signature Financial Services Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC tn ::I:LL. uLL. <( 0 ~ w ~e OJ ~ g z 3: C'l o LL. co I- 0 ~ Z I- 0'1 > w~ owo:: OJ :I: > tn...J U-><( 00::0 > <(!a I-- :E LL C3~ tn 0:: <( w..... >0 ...Jo <(0 00 enC'l u:: ...J <( I- o I- ~ o - M o o C'l M o - C'l o o C'l C'l o - ..... o o C'l o o en 0'1 0'1 ..... 0'1 0'1 - CO 0'1 0'1 ..... CO 0'1 - "'" 0'1 0'1 ..... "C C :J ~a. 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I"- 0> 10 I"- (") o 10 0> ..... 0>. ..... ..... 9819 9821 9823 9824 9825 9830 9834 9836 9842 9853 9856 9864 9866 9868 9845 9846 9847 9871 9874 9881 9884 9890 9894 9898 9900 9902 9912 9913 9915 9907 9916 9924 9927 9929 9932 9933 9944 9945 9946 9950 9951 9952 9953 9955 9956 9957 CITY OF BOYNTON BEACH FIRE INSPECTION RECEIVABLES WRITE OFFS 10/97 TO 09/04 DATE INV # BILLED OCCUPANT BALANCE 10/30/97 LP MOVIES AT BOYNTON BEACH 11/03/97 EDWARD JONES INVESTMENT 11/03/97 T J BEAUTY SALON 11/03/97 BETHESDA MEDICAL ASSN 11/03/97 OFFICE MAX 11/03/97 BENTLEY'S LUGGAGE 11/03/97 VICTORIA'S SECRET 11/03/97 RENT A CENTER 11/03/97 MAYORS JEWELERS 11/03/97 ECKERDS DRUGS 11/03/97 HOT DOGS & MORE 11/03/97 BEN FRANKLIN 11 /03/97 BAVARIAN COLONY 11/03/97 SPORTS ARENA 11/04/97 FOOT ACTION 11/04/97 BOYNTON MASSAGE THERAPY 11/04/97 CLOTHESTIME 11/04/97 RADIO SHACK 11/04/97 PAYLESS SHOE STORE 11/05/97 PIERCING PAGODA 11/06/97 LITTMAN JEWELRY 11/10/97 THE GAP #6316 11/10/97 MRS POWELL'S BUNS 11/10/97 CHAMPS SPORTING GOODS 11/12/97 ANN MILLER APTS 11/12/97 BARGARY INC 11/12/97 BAKERS SHOES 11/12/97 SURREY'S 11/12/97 THE TAN FACTORY 11/13/97 KAYBEE TOY & HOBBY 11/13/97 LATIN AMERICAN GROCERY 11/14/97 MARSHALL'S OF BOYNTON 11/14/97 EASY SPIRIT SHOES 11/17/97 CIRCUIT CITY 11/17 /97 ATHLETE'S FOOT 11/18/97 DECK THE WALLS 12/01/97 MASTER CUTS 12/01/97 FAST FIXIT 12/01/97 COUNTY SEAT STORES 12/01/97 CLAIRE'S ACCESSORIES 12/01/97 JEWELRY PALACE 12/01/97 ROSS DRESS FOR LESS 12/01/97 LECHTER'S 12/01/97 LITTLE PALS 12/01/97 FEDERAL EXPRESS 12/01/97 COMPANY"C" 97.50 25.00 25.00 25.00 100.00 25.00 52.50 50.00 25.00 57.50 16.00 92.50 25.00 25.00 25.00 25.00 50.00 25.00 25.00 25.00 25.00 25.00 16.00 25.00 6.00 6.00 25.00 25.00 25.00 50.00 25.00 100.00 25.00 120.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 112.50 57.50 25.00 25.00 25.00 DATE INV# BILLED OCCUPANT BALANCE 9959 12/01/97 AS SEEN ON TV 25.00 9961 12/01/97 THE TIMEX STORE 25.00 9962 12/01/97 BATH & BODY WORKS 25.00 9966 12/02/97 CONGRESS CENTER 65.00 9974 12/03/97 W ALGREENS 60.00 9975 12/03/97 BUDS FLOORS/CARPETS 25.00 9977 12/04/97 HARBOR HALL APTS 44.00 9978 12/04/97 CUSTOM ENGRAVING 25.00 9986 12/05/97 SHEVELLA'S HAIR DESIGN 25.00 9993 12/10/97 VIA LAGO CONDOS 20.00 10000 12/12/97 LOS MANGOS 25.00 10015 12/19/97 COHEN OPTICAL 25.00 10037 01/02/98 LOVE IS IN THE AIR 25.00 10044 01/02/98 HENRY ROBERSON APT 7.00 10078 01/20/98 LEISUREVILLE CONDO S-5 7.00 10082 01/20/98 ALAN BEIGEL 12.00 10083 01/20/98 HIGHPOINT SEC #1 136.00 10087 01/21/98 PELICAN POINT TOWNHOUSE 92.00 10091 01/21/98 GOL VIEW CLBHSE 25.00 10092 01/22/98 SAVANNAH LAKES 466.00 10097 01/23/98 POOLE'S GROCERY 25.00 10101 02/02/98 ECOM INSURANCE 25.00 10103 02/02/98 JERRY HYMAN APARTMENTS 4.00 10106 02/02/98 PRESTIGE DRY CLEAN 25.00 10133 02/03/98 NAUTICA SOUND 25.00 10146 02/04/98 ROYAL COIN LAUNDRY 25.00 10151 02/05/98 MOBIL OIL CORP 25.00 10138 02/10/98 HARBOR HALL CONDO 40.00 10141 02/10/98 HEARTLAND HEAL TH CARE 180.00 10143 02/10/98 BOULEVARD MANOR 192.50 10184 02/10/98 BOYNTON SHELL SERVICE 25.00 10175 02/17/98 LEISUREVILLE REC #1 50.00 10205 02/23/98 RACETRAC PETRO 25.00 10206 02/23/98 BOYNTON CITCO 25.00 10209 02/23/98 CLUB NAUTICO 25.00 10216 03/02/98 NEW DECIPLES OUTREACH 25.00 10218 03/02/98 R & J COIN LAUNDRY 25.00 10223 03/02/98 ST JOHN METHODIST 25.00 10236 03/02/98 JONES SPRAY SERVICE 25.00 10242 03/02/98 INTELLlCARD 50.00 10249 03/02/98 MICROWAVE ELECTRONICS 25.00 10263 03/03/98 BOYNTON FURNITURE FACTORY 25.00 10258 03/04/98 L & J TOPS & BOTTOMS 25.00 10261 03/04/98 METRO CDL PREP CENTER 25.00 10313 03/16/98 WOOLBRIGHT MOBIL 25.00 10332 03/16/98 ST.CUTHBERT~CHURCH 25.00 10341 03/18/98 KONRADY CONSTRUCTION 25.00 10346 03/18/98 PROVIDANT MISSIONARY 25.00 10349 03/18/98 TEXACO #305 25.00 10353 03/19/98 SOUTHEAST OVERNIGHT 25.00 INV# 10367 10390 10397 10400 10406 10409 10417 10426 10427 10434 10442 10445 10447 10460 10469 10471 10473 10478 10484 10486 10499 10504 10509 10522 10520 10538 10543 10572 10557 10561 10577 10579 10581 10586 10594 10596 10601 10604 10605 10607 10614 10616 10628 10652 10654 10656 10657 10665 10667 10668 DATE BILLED 03/20/98 03/26/98 03/27/98 03/27/98 04/01/98 04/01/98 04/01/98 04/02/98 04/02/98 04/06/98 04/07/98 04/07/98 04/07/98 04/07/98 04/09/98 04/09/98 04/09/98 04/09/98 04/13/98 04/13/98 04/14/98 04/15/98 04/15/98 04/15/98 04/16/98 04/17/98 04/20/98 04/22/98 04/23/98 04/23/98 04/27/98 04/27/98 04/27/98 04/27/98 04/28/98 04/28/98 04/28/98 04/28/98 04/29/98 04/29/98 05/01/98 05/01/98 05/01/98 05/05/98 05/06/98 05/07/98 05/07/98 05/08/98 05/08/98 05/08/98 OCCUPANT TLC FURNITURE STRIPPING PERSONAL TOUCH GLASS TOPPS CONTRACTORS INC RJ MULROY ELECTRIC KNOL Y'S JOHNSON BETHANIE SEVENTH DAY PURADY N FILTER RSP SECURITIES ARTIZAN CARPENTRY THE DRY CLEAN DOCTOR WEILAND LAWN SERVICE FOUR SEASONS SERNA'S MACHINING SUN MACHINING COLONIAL GLASS BOYNTON COMM LIFE CUSTOM PLASTER/STUCCO CHUCK'S AUTO REPAIR CONCEPTUAL CREA TrONS REGENCY PROPERTIES R & F INTL PRODUCT PARTNERS AIR-REF INC AUTO AlC UNITED ROOFING FOOT FIRST PODIATRY JEAN PABSCH GALLERY SIGMA DESIGN TOOL AIMSAFE MORTGAGE CO TANDI ELECTRIC ATLANTIC TRANSMISSION HEWLETT PACKARD CO FRAN AZADIAN ELECTROLYSIS SENTRY INSURANCE LABEL FACTORY BECKS TOWING & RECOVERY GEOFFREY VAN EXNER CORP AMERICAN POWER HOMES A CARING NURSES SERVICES THUNDER AUTO SPORTS K & A MARINE CHARLES AUTO REPAIR T & T AUTO SERVICE CENTER COMPLETE PROPERTIES COASTAL DON DRAKE INSURANCE AAI TRANSMISSION BOYNTON COMM PHARMACY DOAN & CO HAIR AVANTE BUB & DEES UNISEX BALANCE 50.00 25.00 25.00 25.00 25.00 25.00 75.00 25.00 25.00 25.00 25.00 107.50 25.00 50.00 25.00 25.00 25.00 25.00 25.00 25.00 50.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 50.00 55.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 50.00 25.00 25.00 25.00 25.00 25.00 25.00 DATE INV# BILLED OCCUPANT BALANCE 10670 05/11/98 KILPRATRICK CO 137.50 10693 05/11/98 BSK COMPANY 25.00 10700 05/12/98 MICHAELANGELO/CASA ARREDO 50.00 10708 05/12/98 TREVARTHEN/EHDRUSCHAT 25.00 10709 05/12/98 ATILLA EAGLEMAN, MD 25.00 10683 05/13/98 ARCHITECTURAL CRAFTSMAN 25.00 10712 05/13/98 IDEAL PAINT & BODY 55.00 10713 05/13/98 HB CRAIG, INC 50.00 10714 05/14/98 BOYNTON CABINET 25.00 10728 05/18/98 JIM BRADLEY & SON 25.00 10734 05/18/98 WASHINGTON MUTUAL 90.00 10735 05/19/98 SQUARE SCREEN PRINTING 25.00 10736 05/19/98 SUPREME HAIR & NAILS 25.00 10744 OS/21/98 ATLANTIC COUNSELING 25.00 10746 OS/21/98 US WATER FITNESS ASSOC 250.00 10748 OS/21/98 CONSUMERS PAINT & BODY 50.00 10751 06/01/98 BOYNTON COMM LIFE 25.00 10758 06/01/98 DOLMAN CONSTRUCTION 25.00 10761 06/01/98 PREMIER MEDICAL GROUP 25.00 10769 06/01 /98 DEBARTOLO FINANCIAL 25.00 10770 06/01 /98 FINANCIAL CONSUL TING 25.00 10779 06/01 /98 GLO UNIVERSAL INC 25.00 10807 06/01/98 ADDISON MORTGAGE 25.00 10808 06/01/98 CONSTRUCTION SERVICE 25.00 10787 06/02/98 GOOD YEAR TIRE 55.00 10788 06/02/98 LANDA 25.00 10790 06/02/98 UNITED AMERICAN PROPERTIES 50.00 10792 06/04/98 SOUTHERN BELL TELEPHONE 105.00 10801 06/04/98 O'BRIAN YACHT SALES 25.00 10815 06/04/98 RICHARDS/SANDLER 25.00 10818 06/09/98 BEAUTY INSTITUTE 25.00 10824 06/09/98 DENNIS MCNAMARA 25.00 10826 06/09/98 SIMS BARBER SHOP 25.00 10827 06/09/98 LAWS REAL ESTATE 25.00 10838 06/11/98 SMITH BROTHERS FIM DROP 25.00 10839 06/11/98 BOYNTON BICYCLE 25.00 10844 06/12/98 HAIR FASHIONS BY TRACI 25.00 10870 06/17/98 OLENIC PLUMBING 25.00 10872 06/17/98 REEDS HAIR & BEAUTY 25.00 10873 06/18/98 GILMAN/CIOCIA 25.00 10874 06/18/98 NATIONAL AUCTION 25.00 10875 06/18/98 JOHN VACCARO 25.00 10880 06/18/98 JOHN EVAN GLASSER 25.00 10920 06/30/98 AUTO SERVICE CENTER 75.00 10928 07/02/98 INST OF BUS APPRAISERS 25.00 10929 07/02/98 ALLEN MASKOW 25.00 10951 07/09/98 DAVID GINZBERG 25.00 10953 07/09/98 PALM BEACH JEWISH TIMES 25.00 10958 07/09/98 PURCELL & ASSOCIATES 25.00 10964 07/10/98 WM ADRANA CHIROPRACTOR 25.00 DATE INV# BILLED OCCUPANT BALANCE 10967 07/13/98 NICK PLOCK 25.00 10972 07/14/98 FLA NATL MORTGAGE 25.00 10981 07/14/98 LUNDS BAKERY INC 16.00 10984 07/15/98 FREDRICK'S LUNCHEONETTE 25.00 10986 07/15/98 MOREY'S BAR & LOUNGE 25.00 10994 07/15/98 TROY'S BARBEQUE 16.00 10990 07/16/98 MEDICAL ARTS CENTER 25.00 10991 07/16/98 BOSTON CHICKEN 34.00 10997 07/17/98 DONCARE 25.00 11001 07/20/98 SHORES FAMILY DAY CARE 25.00 11 002 07/21/98 UNITED WAY 50.00 11 004 07/21/98 ALLSTATE INSURANCE 25.00 11009 07/22/98 EVANS FAMILY DAY CARE 25.00 11018 07/24/98 EVANS MENS & LADIES 25.00 11020 07/24/98 DR GANESH 25.00 11021 07/24/98 BUISSO BEAUTY 25.00 11023 07/24/98 YOUR DAY CLEANING 25.00 11024 07/24/98 THIRD STREET SIGNS 25.00 11 026 08/03/98 MEDICATION STATION 25.00 11 031 08/03/98 LESCO INC 50.00 11032 08/03/98 EDWARD JONES INVESTMENT 25.00 11034 08/03/98 THE ASSOCIATES 25.00 11037 08/03/98 SEACREST FARM STORE 25.00 11045 08/03/98 FLlX CAFE 25.00 11 048 08/03/98 RADI GAll GROCERY 25.00 11055 08/03/98 TELEBEEPER 25.00 11065 08/04/98 WAFFLE HOUSE 25.00 11 066 08/04/98 PIZZA HUT DELIVERY 16.00 11070 08/05/98 THE 400 CLUB 25.00 11076 08/06/98 ROBINSON BBQ 16.00 11087 08/06/98 CHEM DRY 25.00 11 084 08/11/98 WENDY'S 34.00 11088 08/12/98 TCBY 25.00 11 090 08/13/98 RADIO SHACK 25.00 11 098 08/14/98 MARK IV PROPERTIES 25.00 11101 08/17/98 D SMITH FOSTER HOME 25.00 11107 08/18/98 7-ELEVEN 10353 25.00 111 09 08/18/98 CYPRESS MANOR 34.00 11112 08/18/98 ICE CREAM CLUB 25.00 11122 08/19/98 CIRCLE K 4715 25.00 11145 08/24/98 RAG SHOP 57.00 11131 08/25/98 SALVATION ARMY 25.00 11151 08/25/98 MIAMI SUBS 38.00 11153 08/25/98 AMTRUST 50.00 111 58 08/26/98 BASKIN ROBINS 25.00 111 59 08/26/98 DUNKIN DONUTS 34.00 11160 08/26/98 ROSE AUTO STORE 57.50 11163 08/27/98 GARY CLARKE 25.00 11141 08/28/98 G & I BEUA TY SALON 25.00 11169 08/28/98 FAMILY DOLLAR 25.00 DATE INV# BILLED OCCUPANT BALANCE 11171 08/31 /98 ALPINE 7 CO 25.00 11174 09/01/98 COMMONWEAL TH INSURANCE 25.00 11180 09/01/98 WESLEY'S MENS ACCESSORIES 25.00 11181 09/01 /98 PYRAMID BOOKS 25.00 11182 09/01 /98 SALL Y BEAUTY SUPPL Y 25.00 11183 09/01/98 APPLEBEES 34.00 11188 09/01/98 RAINBOW CITY GROCERY 25.00 11191 09/02/98 SNAPPER'S SEAFOOD 38.00 11195 09/03/98 RMS TV 25.00 11196 09/03/98 OCEAN FOOD MART 25.00 11199 09/03/98 ARTISANS 25.00 11204 09/04/98 TJ MAXX CO 102.50 11206 09/04/98 DIVINITY HAIR DESIGN 25.00 11214 09/08/98 FRITO LAY 25.00 11220 09/08/98 DOLLAR TREE 25.00 11222 09/09/98 SKEETERS LOUNGE 34.00 11224 09/09/98 NEW YORK MEN'S CLOTHES 25.00 11225 09/09/98 MARIE SELDE TROPICAL RL TY 25.00 11234 09/10/98 LEV'S BAGELS 34.00 11240 09/11/98 TAN FACTORY 25.00 11241 09/11/98 HOT HEADS INC 25.00 11246 09/11/98 BEST VET 50.00 11247 09/11/98 BORDERS BOOKS 155.00 11248 09/11/98 LENS CRAFTERS 50.00 11250 09/14/98 ECKERD DRUGS 65.00 11254 09/14/98 INSURE-WISE 25.00 11255 09/14/98 JENNY CRAIG 25.00 11256 09/15/98 DIVE SHOP II 25.00 11257 09/15/98 ROBBINS FAMILY BARBER SHOP 25.00 11258 09/15/98 FRAN'S SEW & SEW 25.00 11259 09/15/98 MAILBOX ETC 25.00 11260 09/16/98 BOYNTON FISHERMEN 25.00 11261 09/16/98 BOYNTON FLOWER POT 25.00 11262 09/16/98 EARL Y ATTIC 25.00 11263 09/16/98 PATS ACCENTS 25.00 11264 09/16/98 APPLIANCE VACUUMS 25.00 11265 09/16/98 LINEN SUPERMARKET 60.00 11267 09/16/98 LUPIS THRIFT 25.00 11269 09/16/98 ACTION BILLIARDS 25.00 11273 09/17/98 PUBLlX #196 132.50 11274 09/17/98 PUBLlX #346 132.50 11275 09/17/98 KWIK STOP 25.00 11280 09/18/98 SPAS OF PALM BEACH 25.00 11284 09/21/98 NANCY DOMEYER 25.00 11285 09/21 /98 LITTLE CAESARS 25.00 11286 09/21 /98 BEST OF TIMES TRAVEL 25.00 11287 09/21/98 CHAMPS HAIRCUTS 25.00 11288 09/21/98 CENTURY 21 25.00 11289 09/21/98 STATE FARM INSURANCE 25.00 11290 09/21/98 BEL TONE 25.00 INV# 11292 11295 11296 11297 11299 11300 11301 11302 11304 DATE BILLED 09/22/98 09/22/98 09/23/98 09/23/98 09/23/98 09/24/98 09/24/98 09/24/98 09/24/98 OCCUPANT DANCE DEPOT CAROLE'S UNIFORMS SWIM ZONE POUNDS AWEIGH NUTRITION COTTAGE JEAB FIRTUNE EXPRESS MRS HILDAS TOYS R US EQ PHOTO TOTAL FIRE WRITEOFF FISCAL 97/98 TOTAL BILLED 97/98 TOTAL WRITE OFFS 97/98 % OF TOTAL BILLED BALANCE 25.00 25.00 25.00 25.00 25.00 25.00 25.00 127.50 25.00 UNKNOWN BEFORE H.T.E. 11,057.00 UNKNOWN BEFORE H.T.E. 11,057.00 DATE INV# BILLED OCCUPANT BALANCE 11329 10/01/98 EAST WEST KARATE 50.00 10/01/98 BOYNTON MEATS 25.00 11 380 1 0/06/98 CUMBERLAND FARM STORE 25.00 11393 1 0/08/98 AZZURRO RISTORANTE 34.00 11406 10/14/98 MOTOROLA LEARNING CENTER 57.50 11408 10/14/98 JANS JEWELERS 25.00 11414 10/15/98 IMMACULE BOTANICA 25.00 11416 10/15/98 SAM & LIBBY 25.00 11423 10/19/98 PROMENADE PLAZA 25.00 11433 10/20/98 FLOWERS BY BIANA 25.00 11450 10/22/98 OGES FADEL EXPRESS SVC 25.00 11474 10/28/98 MAGIC HAIRSTYLING 25.00 11475 10/28/98 WALGREEN'S DRUGS -60.00 11504 11/03/98 DECK THE WALLS 25.00 11510 11 /03/98 TRADE SECRET 25.00 11 543 11/13/98 TIS GREEK TO YOU 16.00 11568 11/17/98 HANOVER SHOES 25.00 11583 11/24/98 DAN'S NEWSTAND 75.00 11586 11/24/98 LOVE IS IN THE AIR 25.00 11591 11/24/98 THE TIME STORE 25.00 11593 11/24/98 ART A TT ACK 25.00 11614 12/01/98 BARON'S 50.00 11615 12/02/98 ROOSTERS SPA 25.00 11619 12/03/98 CONGRESS TVNCR 25.00 11630 12/04/98 FAIRFIELD APTS 44.00 11636 12/04/98 SHEVELLAS IMPERIAL HAIR 25.00 11648 12/15/98 SEACREST APTS 8.00 11663 12/18/98 LETS TALK CELLULAR 25.00 11681 01/04/99 SAYEM'S PREMIUM YOGURT 16.00 11684 01 /04/99 ABENA RENTAL 5.00 11699 01/11/99 BOYNTON BAIT & TACKLE 25.00 11709 01/12/99 NOV ACOM INC 25.00 11713 01/15/99 CLUB NU 57.50 11749 02/03/99 DAVID CENTOLA 25.00 11763 02/11/99 PETER BROWN'S APT 4.00 11888 03/23/99 ROYAL CLOIN LAUNDRY 25.00 11960 04/06/99 HILL TOP APTS 6.00 11963 04/06/99 FARM STORES/STATIONS 25.00 11977 04/09/99 CHURCH OF GOD UNIVERSAL 25.00 12082 04/23/99 ELECTRON SUPPLY 25.00 12084 04/23/99 HB CRAIG INC 50.00 12089 04/26/99 AMOCO OIL CO 25.00 12091 04/26/99 THE GRAPHICS DEPT 25.00 12067 04/27/99 HB CRAIG INC 50.00 12167 05/06/99 BIBLE CHURCH OF GOD 25.00 12177 05/07/99 STENGER TILE & MARBLE 25.00 12184 05/13/99 GULFSTREAM PLUMBING 25.00 12221 05/18/99 PRODUCT PARTNERS 25.00 12234 05/19/99 CABINETRY BY AUSTIN 50.00 DATE INV# BILLED OCCUPANT BALANCE 12252 OS/20/99 CHUCK DOOM 25.00 12265 OS/24/99 MATRIX TOOLS 25.00 12311 06/01/99 MARK V PROPERTIES 25.00 12324 06/01/99 CONCEPTUAL CREATIONS 25.00 12349 06/02/99 HB CRAIG 50.00 12350 06/02/99 HB CRAIG 75.00 12355 06/03/99 THE DRY CLEAN DOCTOR 25.00 12368 06/07/99 COLONIAL GLASS & MIRROR 25.00 12378 06/08/99 NET MATES 25.00 12394 06/10/99 MOBILE TECH AUTO 50.00 12400 06/1 0/99 T&T AUTO CTR 25.00 12409 06/11/99 COMPLETE PROPERTIES 25.00 12417 06/11/99 IDEAL PAINT & BODY 55.00 12439 06/15/99 JOHN PINTO LANDSCAPE 25.00 12440 06/15/99 JONES SPRAY CTR 25.00 12449 06/16/99 TROPIC FIRE PROTECTION 25.00 12487 06/21/99 RON-CARE 25.00 12489 06/21 /99 GEOFFREY VAN EXNER 25.00 12512 06/22/99 YOUR DAY CLEANING SERVICE 25.00 12540 06/24/99 CHARLIE'S AUTO REPAIR 25.00 12545 06/24/99 SKINNER WINDOW TINT 25.00 12563 06/25/99 WHITFIELD CABINETRY 50.00 12566 06/25/99 AUTO SERVICE CTR 25.00 12598 06/28/99 TRI-RAIL 25.00 12608 07/02/99 COASTAL OIL 25.00 12656 07/07/99 HAYES/MACKEY INS -25.00 12672 07/09/99 AMERICAN MORTGAGE BANK 25.00 12673 07/09/99 WE CHANGE FOUND 50.00 12704 07/15/99 HARI FASHIONS 25.00 12709 07/15/99 LESCO 50.00 12714 07/16/99 COMP MENTAL HEAL TH 25.00 12737 07/19/99 SULCUS BUILDING 25.00 12814 07/19/99 ROBINSON BARBECUE 25.00 12822 07/21/99 BOYNTON DEL COMM 75.00 12758 07/22/99 BUB & DEES UNISEX 25.00 12764 07/23/99 MARCO SALlZAR 50.00 12767 07/23/99 SALlZAR 25.00 12833 07/27/99 JO AL'S 45.00 12839 07/29/99 BUD'S FLOOR/CARPET 81.50 12846 08/02/99 SHADOW INVESTIGATIONS 25.00 12878 08/05/99 FOP LODGE 25.00 12880 08/05/99 ST ANDREWS CLUB 120.00 12888 08/10/99 SAL'S PIZZA 45.00 12891 08/10/99 SHOWTIME SOUTH 25.00 12893 08/10/99 DINOSAURS 75.00 12896 08/10/99 BEAUTY INSTITUTE 25.00 12929 08/16/99 SHORE FAMILY DAYCARE 35.00 12920 08/17/99 TELE-BEEPER CONNECTION 25.00 12934 08/18/99 MARl OS PIZZA 45.00 12944 08/19/99 DOLPHIN BAR 45.00 DATE INV# BILLED OCCUPANT BALANCE 12945 08/19/99 LAW OFFICE/GABRELLE ALEXIS 25.00 12951 08/20/99 SOUTH COUNTY MAINT CMPLX 25.00 12952 08/20/99 MAIL BOXES ETC 75.00 12956 08/23/99 FARM STORES INC 75.00 12970 08/25/99 TRO'S BBQUE 25.00 13012 08/25/99 PATRICK'S BAR & GRILL 75.00 13009 08/30/99 SHIPPING CONNECTION 75.00 13010 08/30/99 JEAN FORTUNE EXPRESS 75.00 13016 08/30/99 RAMANO'S MACARONI GRILL 120.00 13027 08/31/99 DIVINITY 6 HAIR DESIGN 50.00 13037 09/08/99 HARVEY'S RESTAURANT 45.00 13076 09/10/99 BOYNTON COMMUNITY THRIFT 25.00 13077 09/10/99 GPRDON JENNINGS FRUIT 75.00 13078 09/13/99 ROSS SCHOOUKARA TE 75.00 13041 09/14/99 INCE CREAM CLUB 45.00 13042 09/14/99 MIAMI SUBS 75.00 13047 09/14/99 JOSEPHS PIZZA/PASTA 75.00 13060 09/14/99 PAYLESS SHOES 81.50 13066 09/14/99 FLOWERS BY BIANA 75.00 13069 09/14/99 FUN TIME 50.00 13070 09/14/99 FLOWER NOOK 75.00 13073 09/14/99 FRAN'S SEW N SEW 50.00 13087 09/17/99 GENTLEMAN JIM'S INC 75.00 13088 09/17/99 COMMONWEAL TH INS 75.00 13092 09/20/99 TROPICAL MARKET 75.00 13095 09/20/99 METROPOLSVC 75.00 13098 09/20/99 ARCHITECTURAL CRAFTSMAN 75.00 13100 09/20/99 MERRILL LYNCH 101.00 13105 09/22/99 SUPREME HAIR & NAILS 25.00 13108 09/22/99 MARS HALLS 126.50 13110 09/23/99 DAVIDS CAFE 45.00 13111 09/23/99 OS EVANS MENS/LADIES 75.00 13123 09/24/99 COUNTY WIDE HOMES 75.00 13128 09/27/99 DAN'S NEWSTAND 75.00 13096 09/29/99 ST YVES BOTANICA 75.00 13133 09/29/99 BEST VET 94.50 TOTAL FIRE WRITE OFF FISCAL 98/99 5,518.00 TOTAL BILLED 98/99 117,154.00 TOTAL WRITE OFFS 98/99 5,518.00 % OF TOTAL BILLED 4.71% DATE INV # BILLED OCCUPANT BALANCE 13151 13159 13168 13169 13188 13197 13219 13231 13232 13250 13251 13264 13269 13272 13290 13295 13348 13349 13356 13371 13389 13399 13418 13423 13424 13429 13435 13436 13444 13446 13450 13455 13463 13464 13473 13474 13490 13498 13521 13525 13534 13546 13577 13590 13596 13623 13624 13633 13663 10/12/99 A FLORAL AFFAIR 10/12/99 NY MEN'S CLOTHING 10/12/99 ESPRESSO EXPRESS 10/12/99 DAVID GINSBERG 10/12/99 BAKERS FURNITURE 10/25/99 KAY JOHNSON GIFTS 10/25/99 THE LUNCH BASKET 11/08/99 FUN TIME 11/08/99 CIRCUIT CITY 11/08/99 ROBBINS FAMILY BARBER 11/08/99 VCR WORKS INC 11 /08/99 ROYAL STAR 200 11/08/99 OFFICE MAX 11/08/99 ECKERD DRUGS #2819 11/08/99 RADIO SHACK 11/22/99 CAROLE'S UNIFORM 11/22/99 RIVERWALK CHIRO 11/22/99 AZZURRO 11/22/99 SHOE REPAIR SHOP 11/22/99 SIGN A RAMA 12/06/99 MADAME BUTTERFLY 12/06/99 LEON SURLES CARPET 12/06/99 ELLIOT ZONK 12/06/99 OGES FED EXPRESS 12/06/99 ROAD RUNNER 12/06/99 BURDINES 12/06/99 PARK A VEN U E 12/06/99 KELLY'S CAJUN GRILL 12/06/99 FLORSHEIM SHOES 12/20/99 VOICE OF SEVENTH ANGEL 12/20/99 FANTASY TRAVEL INC 12/20/99 ANIMALS N NATURE 12/20/99 PARK AVENUE 12/20/99 RIVERW ALK PLAZA 12/20/99 HICKORY FARMS 12/20/99 NORTHPOLE EXPRESS 12/20/99 DECK THE WALLS 12/20/99 WALLACE APARTMENTS 01/06/00 ROBERSON PROPERTIES 01/06/00 PATTERSON APARTMENTS 01/06/00 MAGIS HAIRSTYLING 01/06/00 MILLICENT CONDO APTS 01/18/00 BOOD DENTAL LAB 01/18/00 CHAMP SPORTING GOODS 01/18/00 DISNEY STORE 02/08/00 BOYNTON CENTER CONDO 02/08/00 ABENA RENTAL APTS 02/08/00 REECE BUILDING 02/28/00 COMMUNITY DELIVERANCE CHURCH 75.00 75.00 75.00 94.50 101.00 75.00 75.00 114.00 321.50 75.00 75.00 88.00 276.00 88.00 81.50 75.00 75.00 75.00 75.00 75.00 75.00 107.50 75.00 75.00 75.00 450.00 50.00 25.00 5.00 45.00 75.00 75.00 25.00 90.00 45.00 45.00 75.00 45.00 45.00 45.00 75.00 45.00 81.50 75.00 101.00 65.00 45.00 45.00 45.00 INV# 13729 13731 13735 13762 13771 13788 13791 13802 13819 13826 13827 13856 13863 13868 13889 13892 13895 13906 13941 13945 13957 13963 13979 13993 13999 14037 14062 14094 14106 14126 14154 14174 14179 14188 14212 14245 14267 14284 14317 14333 14341 14344 14357 48 63 64 66 79 80 14368 DATE BILLED OCCUPANT 03/17/00 COASTAL OIL FINA 03/17/00 TEXACO #305 03/17/00 CRESTVIEW GARDENS 04/05/00 David centola Law Office 04/05/00 Boynton Inlet Bait & Tackle 04/05/00 Royal Coin Laundry 04/05/00 Deild Corp/Chetrirll 04/05/00 The Dry Clean Doctor 04/05/00 AGAPE BIBLE CHURCH 04/05/00 Church of God Universal 04/05/00 BIBLE CHURCH OF GOD 04/28/00 Hawke & Assoc. Architects 04/28/00 Cabinetry By Austin 04/28/00 Shi Concepts 04/28/00 Dive LocKer Unlimited 04/28/00 Teele & Associates 04/28/00 Boynton Intern Church of God 04/28/00 Best Coast Carpet Cleaning 05/18/00 David E. Berhart & Sons 05/18/00 Super Grafix 05/18/00 Leon Surles Carpet 05/18/00 Electron Supply Replacement 05/18/00 WILLIE SMITH PREMIER AUTO 05/18/00 SAFETY KLEEN 05/18/00 Air-Ref Co., Inc. 06/02/00 Immacile Botanica 06/02/00 HB Craig 06/02/00 4th Dimension Interiors 06/16/00 Tunes by JW, Inc. 06/16/00 Charlie's Auto Repairs 06/30/00 Mica Specialists 06/30/00 T & T Auto Soc center 06/30/00 Loomis Front Wheel Drive 06/30/00 Shine-A-Blind 07/14/00 Physical Rehab Institute 07/14/00 Custom Properties 07/14/00 Skinner Window Tinting 08/11/00 Centrecourt Retail, Inc. 08/11/00 Mobile Furniture Services 08/11/00 Common Area 08/11/00 Pet Pix USA 08/11/00 Attorney Alternative 08/11/00 1-800-Auto-Tow, Inc. 08/23/00 Atlantic General Service 08/23/00 Moores Discount Muffler 08/23/00 Stenger Tile & Marble 08/23/00 EI Caraibeno Cafeteria 08/23/00 Hair Fashions 08/23/00 Auto Service Center 08/23/00 Auto & Marine Center of Boynton BALANCE 75.00 75.00 45.00 75.00 175.00 75.00 7.00 75.00 45.00 45.00 45.00 75.00 88.00 75.00 75.00 88.00 45.00 75.00 81.50 75.00 75.00 81.50 75.00 230.50 81.50 45.00 94.50 50.00 75.00 75.00 50.00 75.00 75.00 225.00 81.50 81.50 75.00 75.00 75.00 81.50 75.00 75.00 94.50 75.00 45.00 125.00 45.00 75.00 75.00 88.00 INV# 101 102 138 166 175 200 242 270 DATE BILLED OCCUPANT 09/11/00 Jorge Cortes Jr. Translator 09/11/00 Mobil Tech Auto Center 09/11/00 We Change Foundation 09/11/00 Accident Prevention Academy 09/11/00 RON CARE 09/22/00 Edward Lemons 09/22/00 Millines Hair World 09/22/00 Bub & Dee's Unisex TOTAL FIRE WRITE OFFS 99/00 TOTAL BILLED 99/00 TOTAL WRITE OFFS 99/00 % OF TOTAL BILLED 146,240.00 8,823.50 6.03% BALANCE 75.00 144.50 75.00 75.00 75.00 75.00 75.00 75.00 8,823.50 DATE INV# BILLED OCCUPANT BALANCE 280 10/11/00 Buisso Beauty Salon 75.00 286 10/11/00 THIRD STREET SIGNS 50.00 291 10/11/00 Mark V Properties 75.00 301 10/11/00 North East Securities 75.00 308 10/11/00 Southern Comfort Properties 75.00 319 10/11/00 Jersey Mike's Subs 45.00 320 10/11/00 Desseen Smith Foster Home 45.00 349 10/20/00 Greentree Bakeshop 25.00 353 1 0/20/00 Shores Family Daycare 35.00 377 11/02/00 Robinson BBQ 25.00 399 11/02/00 Your Day Cleaning Service 75.00 406 11/02/00 Boynton Community Development 75.00 416 11/02/00 Jan's Jewelry 75.00 470 11/16/00 David's Cafe 45.00 477 11/16/00 A & B Grill, Inc. 75.00 478 11/16/00 Boston Clipper 75.00 483 11/16/00 Baby Express 75.00 542 11 /30/00 Metropol Multicare Services 75.00 548 11 /30/00 David Speizman, D.O. 75.00 562 11/30/00 Augie's Pizza Restaurant 75.00 571 11/30/00 Gordon Jennings Fruit Shop 45.00 576 11/30/00 Flowers by Biana 40.00 597 11/30/00 Patrick's Bar & Grill 75.00 604 11/30/00 Boynton Massage Therapy 75.00 611 11/30/00 Mattress Giant 88.00 623 11/30/00 Dan's Newstand 75.00 632 12/15/00 The Ice Cream Club 25.00 646 12/15/00 Sign A Rama 75.00 654 12/15/00 Pretty Doll & Bear Co. 75.00 658 12/15/00 Bath & Body Works 81.50 683 12/15/00 Denny's #1842 125.00 711 12/15/00 MVP'S 75.00 716 12/15/00 Florsheim Shoe Store 75.00 729 12/28/00 World of Science 81.50 757 01/05/01 Specs Music & Movies 114.00 761 01/05/01 Ted Barry Photography 75.00 769 01/05/01 MDM Family Chiropractic 75.00 771 01/05/01 Pyramid Books 75.00 773 01/05/01 Big and Tall 146.00 797 01/05/01 Piercing Pagoda 45.00 857 01/26/01 The VCR Works Inc. 75.00 861 01/26/01 7 -11 Southland Corp 75.00 862 01/26/01 Yogurt Factory 75.00 874 01/26/01 Global Center 75.00 891 01/26/01 Baker's Furniture 101.00 893 01/26/01 Walgreen's Drug Store 237.00 6916 02/12/01 Radio Shack #8982 181.50 6917 02/12/01 Appliance & Vacuum Serv Center 75.00 6936 02/12/01 Treat Street 25.00 DATE INV # BILLED 902 02/23/01 7019 02/27/01 7024 02/27/01 7048 02/27/01 7049 02/27/01 7067 02/27/01 7082 03/14/01 7091 03/14/01 7101 03/14/01 7205 03/28/01 7207 03/28/01 7212 03/28/01 7230 03/28/01 7251 04/11/01 7265 04/11/01 7266 04/11/01 7298 04/26/01 7306 04/26/01 7307 04/26/01 7335 05/11/01 7351 OS/25/01 7368 OS/25/01 7388 06/08/01 7395 06/08/01 7401 06/08/01 7456 06/25/01 7462 06/25/01 7482 06/25/01 7496 07/11/01 7505 07/11/01 7518 07/11/01 7524 07/11/01 7538 07/11/01 7555 07/11/01 7565 07/27/01 7573 07/27/01 7577 07/27/01 7578 07/27/01 7599 07/27/01 7604 07/27/01 7608 07/27/01 7609 07/27/01 7629 07/27/01 7646 07/27/01 7654 07/27/01 7667 07/27/01 7670 07/27/01 7678 08/14/01 7692 08/14/01 7694 08/14/01 OCCUPANT Boynton Beach Mall David Centola Law Office Ski Concepts Fret Boards Inc. Ross's School of Karate Pure H20 Bio-Technoligies Common Area Super Grafix Rick Mosch Robbin's Family Barber Shop Waters Edge Club Palm Beach Clock co. Trade Secret Interior Woodcrafts Rental Apts/Jerry Hyman Sidney Horn CPA Lakeside Harbor Cottages Boynton Beach Manor Inc. RX NURSING CORAL APTS. LEASING PATTERSON APTS Le Moulin Restaurant Bread of Life Temple Community Deliverance Church Preferred Pools Texaco #305 The Dry Clean Doctor Custom Environmental Inc Abena Rental Apts Electron Supply Replacement Cntr Swiss Master Service Inc. Orbit Jiffy Lube Miracle Ministry Outreach HB Craig Common Areas Avenue Delivery, Inc. Nautilus Inc. Tile Kingdom Able Towing Anything From Wood Chuck's Auto Repair The World's Smallest Recliner Corp Stingray Signs Custom Property Services Primitive Baptist Essa Enterprises Inc. Ryan Distribution East Coast Thermographers Jones Spray Service BALANCE 450.00 75.00 75.00 75.00 75.00 75.00 90.00 75.00 75.00 75.00 85.00 75.00 125.00 81.50 45.00 75.00 45.00 295.50 45.00 45.00 45.00 45.00 45.00 45.00 75.00 75.00 75.00 75.00 45.00 81.50 75.00 256.50 75.00 45.00 94.50 45.00 45.00 88.00 81.50 75.00 75.00 75.00 75.00 75.00 81.50 45.00 81.50 75.00 0.50 75.00 DATE INV # BILLED 7695 08/14/01 7698 08/14/01 7714 08/14/01 7724 08/14/01 7729 08/14/01 7738 08/27/01 7759 08/27/01 7763 08/27/01 7779 08/27/01 7795 08/27/01 7797 08/27/01 7825 08/27/01 7826 09/11/01 7835 09/11/01 7850 09/11/01 7859 09/11/01 7868 09/11/01 7888 09/11/01 7915 09/27/01 7930 09/27/01 7945 09/27/01 7949 09/27/01 7956 09/27/01 7963 09/27/01 7976 09/27/01 7991 09/27/01 7999 09/27/01 8012 09/27/01 8020 09/27/01 8025 09/27/01 8026 09/27/01 OCCUPANT Hi-Tech Recycling Goodyear Tire/Easy Pay Intrinsix Corp Sky Sheild International Gold Cup Coffee Inc. American Huts Mangrove Printing Capital Mortgage Lenders Gulfstream Plumbing Ahrens Auto Matrix Shutters/Tool Boynton Brake & Alignment Ocean Limo Third Street Signs Boynton Community Thrift Tunes by JW Inc Wagner Tree Auto & Marine Center of Boynton Nautica Sound Robert Roy Teele & Assocs Gulfstream Interiors Inc. Schumacker Storage /Workshop Enterprise Rent A Car Colonial Glass & Mirror Inc Supreme Hair & Nails Law Engineering & Environmental Primitive Group Ron Care Millines Hair World Charlie's Auto Repair TOTAL FIRE WRITE OFFS FISCAL 00/01 TOTAL BILLED 00/01 TOTAL WRITE OFFS 00/01 % OF TOTAL BILLED 159,234.00 10,247.50 6.44% BALANCE 75.00 152.50 81.50 75.00 75.00 45.00 81.50 -6.50 75.00 75.00 81.50 75.00 88.00 75.00 75.00 75.00 125.00 88.00 45.00 45.00 88.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 10,247.50 DATE INV# BILLED OCCUPANT BALANCE 8032 10/19/01 Rehabilitation Physicians 75.00 8099 10/19/01 Jorge Cortes Jr. Translator 75.00 8103 10/19/01 Global Pictures 75.00 8106 10/19/01 Mark V Properties 75.00 8138 10/19/01 Gillman & Ciocia Inc 75.00 8149 10/19/01 Safeguard Hurricane Protection 282.50 8151 10/19/01 Mitchell Sherrman, PA 75.00 8159 10/19/01 Better Compre.Family Health Care 75.00 8171 10/19/01 Accident Prevention Academy 75.00 8175 10/19/01 Skinner Window tinting 125.00 8214 11/06/01 Boca Radiology Associates 81.50 8228 11/06/01 Desseen Smith Foster Home 45.00 8235 11/06/01 Law Office of Garielle Alexis 75.00 8240 11/06/01 Laster Family Daycare 35.00 8247 11/06/01 Taco Viva 25.00 8248 11/06/01 Orbit 256.50 8276 11/06/01 Southern Comfort Properties 75.00 8294 11/27/01 Greentree Bakeshop 25.00 8316 11/27/01 Quizno's Classic Subs 45.00 8322 11/27/01 Stacey Tysons Family Daycare 35.00 8369 12/18/01 Robinson BBQ 25.00 8389 12/18/01 Hair Fashion 125.00 8390 12/18/01 Switched Access Communications 157.50 8396 12/18/01 Gamespot #1666 75.00 8398 12/18/01 Chilly Willys Ice Cream 25.00 8409 12/18/01 EI Taco Tento 75.00 8441 01/07/02 Jo AI's Restaurant 45.00 8445 01/07/02 Best Vet 94.50 8446 01/07/02 Tip Top Beauty 75.00 8447 01/07/02 Smoke Signals Inc 125.00 8459 01/07/02 Douglas Ellman 125.00 8462 01/07/02 Appliance & Vacuum Serv Center 75.00 8464 01/07/02 Shores Family Daycare 35.00 8475 01/07/02 Commonwealth Insurance 75.00 8476 01/07/02 Boynton Massage Therapy 75.00 8483 01/07/02 East West Okinawan Karate 88.00 8537 01/23/02 Baby Express 75.00 8546 01/23/02 Linen Supermarket 165.50 8547 01/23/02 The Pros's 88.00 8559 01/23/02 Pizza Hut Delivery 25.00 8564 01 /23/02 The Haven 81.50 8570 01/23/02 Evan's Men's & Ladies Wear 75.00 8571 01/23/02 T.J. Maxx Co 282.50 8572 01/23/02 Planet Barber Shop 75.00 8574 01/23/02 Unlimited Editions 81.50 8575 01/23/02 Augies Pizza Restaurant 75.00 8583 02/08/02 LeMoulin Restaurant 45.00 8584 02/08/02 New York Men's Clothing 75.00 INV# 8585 8615 8622 8623 8627 8635 8636 8642 8682 8698 8704 8712 8717 8723 8732 8735 8737 8742 8758 8770 8771 8777 8780 8782 8783 8796 8802 8812 8817 8819 8825 8829 8837 8859 8879 8899 8905 8916 8925 8937 8946 8959 8987 8994 9006 9007 9015 9024 9031 9042 DATE BILLED 02/08/02 02/08/02 02/08/02 02/08/02 02/08/02 02/08/02 02/08/02 02/08/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 02/27/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/08/02 03/26/02 03/26/02 03/26/02 03/26/02 03/26/02 03/26/02 03/26/02 03/26/02 04/17/02 04/17/02 04/17/02 04/17/02 04/17/02 04/17/02 04/17/02 04/17/02 OCCUPANT Atlantic Gen.Servs. Immigration Vitamin World EI Caraibeno Cafeteria La-Rosa Meat Market Andre stJuste Assisted Living Bobby Allison Wireless Troy's Bar-Be-Que GNC #896 Vivi's Restaurant Metropol Multicare Services Motherhood Maternity Shops Inc Alpine Florist Seven Co DISCOUNT AUTO PARTS EASY DOES IT CAFE LLC SUZE UNISEX BEAUTY LATIN AMERICAN GROCERY SPORTS AUTHORITY SUNG LASS HUT FLOWERS BY BIANA ROBBIN'S FAMILY BARBER SHOP PALM BEACH CLOCK CO BOBBY ALLISON WIRELESS MR. RAGS SUNGLASS HUT FAST FIX IT JEWELRY SOUTHTRUST PLAZA Edith Simonaire West Market Pyramid Books THE CHILDREN'S PLACE Motorola Learning Center BATH & BODY WORKS Edith Normil Mix & Match BPW-Eckerd Drugs #270 ZALES JEWELERS Kay-Bee Toy & Hobby Brown Ins. Assocs Ocean East Apts Bakers Furniture Showcase Jan's Jewelery Shevellas Imperial Hair Design Interior Woodcrafts Free Rent Finders Leisureville Apts The Arc David Centola Law Office Super Grafix Clean Car Valet Siddiqui Grocery Store Fadael Express Services Direct TV South BALANCE 81.50 75.00 25.00 75.00 90.00 75.00 25.00 125.00 50.00 75.00 75.00 75.00 107.50 95.00 75.00 81.50 386.50 75.00 75.00 75.00 75.00 75.00 75.00 45.00 45.00 140.00 75.00 75.00 88.00 120.00 81.50 75.00 133.50 75.00 88.00 75.00 45.00 101.00 75.00 75.00 81.50 75.00 45.00 45.00 75.00 75.00 45.00 75.00 75.00 45.00 DATE INV# BILLED OCCUPANT BALANCE 9064 04/17/02 Cohen Optical 75.00 9068 04/17/02 Le Petite Chateau 90.00 9072 04/17/02 Rick Mosch 75.00 9097 05/10/02 Keith Miller 75.00 9119 05/10/02 Action Bikes and Parts 45.00 9122 05/10/02 Gardner Cycles 45.00 9126 05/10/02 JAF Properties 45.00 9128 05/10/02 Crestview Gardens 45.00 9142 05/10/02 Verizon/Primeco 88.00 9307 06/07/02 Robert Davis Apts 95.00 9326 06/07/02 Its All 99 Cents 81.50 9349 06/07/02 Plaster Time 75.00 9386 06/17/02 Villas of Banyan Creek Poolhouse 45.00 9408 06/17/02 The Dry Clean Doctor 75.00 9423 06/17/02 GNC 175.00 9450 06/17/02 CHURCH OF GOD UNIVERSAL 45.00 9469 07/06/02 TVO ENT. INC 45.00 9472 07/06/02 Giordano's of New York 120.00 9475 07/06/02 Eglise Evangelique Apotre 45.00 9514 07/06/02 THIRD STREET SIGNS 45.00 9526 07/06/02 COMMUNITY DELlVERENCE CHURCH 45.00 9532 07/06/02 RON CARE 45.00 9543 07/06/02 LATIN AMERICAN GROCERY 51.50 9547 07/06/02 HAIR FASHIONS 45.00 9556 07/06/02 BOYNTON MASSAGE THERAPY 45.00 9559 07/06/02 Turning Heads by Avchon 45.00 9561 07/06/02 OFFICE DEPOT 278.50 9562 07/06/02 JORGE CORTES JR TRANSLATOR 45.00 9585 07/06/02 PALM BEACH MEDIATION 45.00 9593 07/06/02 AMOCO OIL CO 45.00 9598 07/06/02 GULFSTREAM COIN LAUNDRY 45.00 9643 07/06/02 Woolbright Mobil 45.00 9648 07/06/02 PHYSICAL THERAPY 45.00 9651 07/06/02 Buisso Beauty Salon 45.00 9662 07/16/02 Doris Jones Professional Servs 45.00 9666 07/16/02 THE BETTY SEINFELD CENTER 90.00 9683 07/16/02 Flamingo Manufacture Mobile 64.50 9712 07/16/02 CORPORATE IMAGE 45.00 9794 07/25/02 Pierre Frappier Legal Forms 45.00 9802 07/25/02 ROYAL COIN LAUNDRY 45.00 9846 08/13/02 GREENTREEBAKESHOP 25.00 9875 08/13/02 INS. EXPRESS REALTY 45.00 9911 08/13/02 THE SCIENTIFIC WORLD 71.00 9927 08/13/02 EDWARD LAMONS 45.00 9976 08/27/02 LASTER FAMILY DAYCARE 35.00 9998 08/27/02 CYBERCARE TECHNOLOGIES 149.00 10038 08/27/02 CUSTOM MADE FURNITURE 45.00 10040 08/27/02 DESSEEN SMITH FOSTER 45.00 10052 08/27/02 AHRENS AUTO 45.00 10054 08/27/02 THE LAWN RANGERS 64.50 INV# 10059 10075 10076 10032A 9972A 9974A 9977 A 9990A 10106 DATE BILLED 08/27/02 08/27/02 08/27/02 09/09/02 09/09/02 09/09/02 09/09/02 09/09/02 09/24/02 OCCUPANT INTERPORT BOYNTON ALUMINUM & SCREEN WHISLER PRINTING ROMANO PLUMBING ROBINSON BBa CHAMPAGNE SHORES FAMILY DAYCARE FRANK'S AUTO BODY SHOP CHARLIE'S AUTO REPAIR TOTAL FIRE WRITE OFFS 01/02 TOTAL BILLED 01/02 TOTAL WRITE OFFS 01/02 % OF TOTAL BILLED 224,047.00 11,813.50 5.27% BALANCE 45.00 45.00 45.00 45.00 25.00 45.00 35.00 45.00 45.00 11,813.50 DATE INV# BILLED OCCUPANT BALANCE 10155 10/09/02 MARK V PROPERTIES 45.00 10168 1 0/09/02 JO AL'S RESTAURANT 45.00 10180 10/09/02 DOUBLE EAGLE WELDING 45.00 10189 10/09/02 MA JOHNSTON 45.00 10192 1 0/09/02 BOYNTON TINT & ALARM 45.00 10207 10/09/02 SKINNER WINDOW TINTING 45.00 10215 1 0/09/02 SCOTT TURTLE CABINET 45.00 10216 10/09/02 A & B AUTO WORLD 45.00 10217 10/09/02 AUTO & MARINE CENTER 58.00 10225 1 0/09/02 STONE'S SCULPTURE PROJECT 45.00 10250 10/23/02 CHUCK'S AUTO REPAIR 45.00 10254 10/23/02 JOE'S DELI 45.00 10260 10/23/02 GAMESPOT #1666 45.00 10284 10/23/02 TROPIC FIRE PROTECTION 45.00 10296 10/23/02 GNC #896 45.00 10312 1 0/23/02 FLOWERS BY BIANA 45.00 10331 11/05/02 EDITH NORMIL MIX & MATCH 45.00 10332 11/05/02 BOBY EXPRESS 45.00 10351 11/05/02 METROPOL MUL TICARE SERVS 45.00 10386 11/05/02 STACEY TYSONS FAMILY DYCR 35.00 10395 11/05/02 JORDAN WRECKER 51.50 10400 11/05/02 CUSTOM PROPERTY SERVS 51.50 10415 11/05/02 DOLMEN CONSTRUCTION 45.00 10417 11/05/02 ROMANO'S MACARONI GRILL 120.00 10420 11/05/02 TOSCANINIITALlAN REST 45.00 10422 11/05/02 ROSS'S SCHOOL OF KARATE 45.00 10425 11/05/02 HIGH SCHOOL CALENDAR 45.00 10459 11/05/02 COASTAL FABRICATIONS 45.00 10479 11/19/02 CATO'S FASHIONS 64.50 10481 11/19/02 EVAN'S MENS & LADIES WEAR 45.00 10495 11/19/02 STYLISH CUTS AND COLU=OUR 45.00 10515 11/19/02 ABLE TOWING 45.00 10521 11/19/02 SWIM ZONE 45.00 10598 11/19/02 WILSON CABINETS 45.00 10601 12/02/02 APPLIANCE & VACUUM SERV 45.00 10602 12/02/02 PIER 1 IMPORTS 3225 135.50 10605 12/02/02 PYRAMID BOOKS 45.00 10622 12/02/02 LATIN AMERICAN GROCERY 51.50 10624 12/02/02 NEW YORK MEN'S CLOTHING 45.00 10627 12/02/02 BAKER'S FURNITURE 71.00 10696 12/17/02 BROWN INS ASSOCS 45.00 10717 12/17/02 TRAFFIC SHOES 45.00 10726 12/17/02 WET SEAL 64.50 10727 12/17/02 ELECTRONIC BOUTIQUE 45.00 10732 12/17/02 SHAMSAD BEGUM MD 90.00 10734 12/17/02 BENTLEYS LUGGAGE 51.50 10741 12/17/02 MOTHERHOOD MATERNITY 45.00 10749 12/17/02 MR. RAGS 45.00 DATE INV# BILLED OCCUPANT BALANCE 10759 12/17/02 9 WEST 45.00 10761 12/17/02 AFTER HOURS FORMAL 45.00 10763 12/17/02 ZALES JEWELERS 45.00 10765 12/17/02 WALDENBOOKS 58.00 10771 12/17/02 DOLLAR STORE 58.00 10772 12/17/02 EL CARAIBENO CAFETERIA 25.00 10777 12/30/02 EDITH SIMONAIRE MARKET 45.00 10779 12/30/02 SUNGLASS HUT 45.00 10780 12/30/02 CLEAN CAR VALET 45.00 10792 12/30/02 CLOTHESTIME #400 45.00 10795 12/30/02 DIAMOND ISLE 45.00 10796 12/30/02 T SHIRT INDUSTRY 45.00 10797 12/30/02 BEAUTY SUPPLY DEPOT 95.00 10799 12/30/02 IMAGE DIGITAL PHOTOGRAPHY 45.00 10809 12/30/02 BEALLS FACTORY OUTLET 122.50 10811 12/30/02 FADAEL EXPRESS SERVS 45.00 10846 01/14/03 GULFSTREAM FOOD & BEVER 45.00 10857 01/14/03 AUGIE'S PIZZA RESTAURANT 175.00 10858 01/14/03 BORIS INT'L/NORMAN'S NY 100.00 10874 01/14/03 TURTLES MUSIC 71.00 10902 01/14/03 DECK THE WALLS 45.00 10903 01/14/03 DAY-BEE TOY & HOBBY 58.00 10915 01/14/03 DAVID CENTOLA LAW OFFICE 45.00 10958 02/01/03 PALMW A Y CONDOMINIUMS 45.00 10980 02/01 /03 NEXTEL RETAIL STORES INC 45.00 10981 02/01/03 SUNGLASS HUT 45.00 10985 02/01/03 PREMIUM TAN 45.00 10996 02/01 /03 BOBBY ALLISON WIRELESS 45.00 11013 02/01/03 PAYLESS SHOE SOURCE 51.50 11 060 02/01/03 RICK MOSCH 45.00 11 061 02/01/03 TOO FRITCH ARTISTRY 45.00 11 063 02/19/03 BOYNTON CENTER CONDO 1 45.00 11 080 02/19/03 COUNTY WIDE ELECTRIC 45.00 11091 02/19/03 TROY'S BAR-BE-QUE 25.00 11 092 02/19/03 APARTMENTS J.L. LOVE JR 45.00 11103 02/19/03 OFFICE DEPOT 278.50 11108 02/19/03 GREENTREE PLAZA 90.00 11111 02/19/03 DAN CORRIE FURNITURE SERVS 45.00 11116 02/19/03 MICKEY PEPPER LIMOUSINE SERV 45.00 11119 02/19/03 ABENA RENTAL APTS 45.00 11130 02/19/03 INTERIOR WOODCRATS 51.50 11131 02/19/03 QUADRILLE 0.45 11147 02/19/03 FELLER'S 77.50 11151 02/19/03 JESSIE &THELMAR PATTERSON APTS 45.00 111 59 03/06/03 PLASTER TIME 45.00 11174 03/06/03 WISHING WELL MOTEL 45.00 11191 03/06/03 DES LOTHIAN WELDING 45.00 11199 03/06/03 JOHNNY MANGOS FARM MARKET 45.00 11200 03/06/03 LEON JENKINS APTS 95.00 11206 03/20/03 ROBERT DAVIS APTS 95.00 INV# 11212 11278 11281 11284 11308 11311 11364 11365 11369 11382 11386 11391 11397 11400 11401 11451 11482 11487 11612 11618 11643 11656 11691 11695 11696 11719 11726 11727 11731 11747 11755 11769 11772 11783 11793 11795 11801 11804 11820 11821 11826 11828 11833 11887 11898 11914 11918 11930 11934 11 944 DATE BILLED 03/20/03 03/31 /03 03/31 /03 03/31/03 04/15/03 04/15/03 04/15/03 04/15/03 04/15/03 04/25/03 04/25/03 04/25/03 04/25/03 04/25/03 04/25/03 04/28/03 04/28/03 04/28/03 05/12/03 05/12/03 05/12/03 05/12/03 05/12/03 05/12/03 05/12/03 05/12/03 OS/20/03 OS/20/03 OS/20/03 05/30/03 05/30/03 05/30/03 05/30/03 05/30/03 05/30/03 05/30/03 05/30/03 06/11/03 06/11/03 06/11/03 06/11/03 06/11/03 06/11/03 06/24/03 06/24/03 06/24/03 06/24/03 06/24/03 06/24/03 07/09/03 OCCUPANT HYPOLUXO MANAGEMENT CORP AMOCO OIL CO THE DRY CLEAN DOCTOR CRESTVIEW GARDENS TROPICAL UNDERLAYMENT CUSTOM MADE FURNITURE THE LAWN RANGERS BARNETT MANAGEMENT INC SAV-ON DRY CLEANERS VACANT(CHEVRON STATION) CLUB OVATION MIRACLE MINISTRY OUTREACH PROVIDENT MISSIONARY BAP CH VACANT VACANT TEXACO #305 VACANT VACANT ATLANTIC GRANITE WHISLER PRINTING MCA TECH ABENA RENTAL APTS TOM THOMAS COLONIAL GLASS & MIRROR INC R & F INT'L. CNC HAUS INC BOYNTON ALUMINUM & SCREEN JOE GIANQUINTO/PRIVATE STORAGE TED ROHRBAUGH DELRA Y RUG CO DAVID CAGNE BOYNTON TINT & ALARM JORDAN WRECKER OCEANVIEW LIMOUSINE SKINNER WINDOW TINTING SHAUN HEALY GULFSTREAM PLUMBING BOYNTON CABINETS TRITON ASSOCS INC JAMES MCGRADY STORAGE THE CHRYSALIS CENTER AHRENS AUTO STORAGE ONLY CHARLIE'S AUTO REPAIR AXLE AUTO SALES L& J JOINERY STONES SCULPTURE PROJECT MOMENTUM LOGISTICS EARL LOCKERSON PROTE TION ENG. SYSTEM BALANCE 90.00 45.00 45.00 45.00 45.00 45.00 64.50 45.00 45.00 45.00 239.50 45.00 45.00 51.50 45.00 45.00 155.00 45.00 64.50 45.00 45.00 45.00 58.00 45.00 45.00 51.50 45.00 45.00 45.00 45.00 45.00 -5.00 51.50 58.00 45.00 45.00 45.00 45.00 0.50 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 227.00 45.00 64.50 DATE INV# BILLED OCCUPANT BALANCE 11947 07/09/03 ST. PAUL AME CHURCH 45.00 11957 07/09/03 SKY SHIELD INTERNATIONAL 45.00 11961 07/09/03 ROMANO PLUMBING 45.00 11966 07/09/03 MARINE TEK OF THE PB'S 45.00 11978 07/09/03 CUSTOM BUILDERS 45.00 11999 07/09/03 ABLE TOWING 45.00 12008 07/21/03 JIM BRIGHT 45.00 12021 07/21/03 VACANT 45.00 12022 07/21/03 VACANT 45.00 12026 07/21/03 SENSORMA TIC GLOBAL SERV CENTER 441.00 12029 07/21/03 ACTIVE WOMEN HEAL THE CHOICE 45.00 12047 07/21/03 JACKSON-TAYLOR MOVING & SHIPPING 45.00 12077 07/21/03 AIMSAFE MORTGAGE 45.00 12090 07/21/03 UNIQUE COLUMNS, INC 194.00 12098 07/21/03 UNIQUE COLUMNS STORAGE 45.00 12105 07/21/03 HAIR FASHION 45.00 12121 07/31/03 RON CARE 45.00 12155 07/31/03 PADGETT BUS SERVS OF LANTANA 45.00 12158 07/31/03 OSCAR W. FARRONAY, MD 45.00 12178 07/31/03 CHRIS LEFEBRE 45.00 12186 07/31/03 BUISSO BEAUTY SALON 45.00 12194 07/31/03 NANCY EWING 45.00 12227 08/12/03 JEWISH HEAL TH SERVS 45.00 12229 08/12/03 BETTY SEINFELD BREAST CENTER 58.00 12249 08/12/03 THIRD STREET SIGNS 45.00 12257 08/12/03 THE BEAUTY INSTITUTE 45.00 12300 08/12/03 MITCHELL SHERRMAN PA 45.00 12334 08/25/03 JANY WEINSTEIN, PHD 45.00 12346 08/25/03 GMR PAYMENT SYSTEMS 1.50 12370 08/25/03 MEDICAL BILLING CONCEPTS 51.50 12409 08/25/03 ANDREW GRAVES 45.00 12443 08/25/03 CENTURY REHAB 45.00 12459 09/09/03 VACANT 45.00 12471 09/09/03 REHIBILlTATION PHYSICIANS 45.00 12484 09/09/03 CYBERCARE TECHNOLOGIES 45.00 12493 09/09/03 PIERRE FRAPPIER LEGAL FORMS 45.00 12528 09/09/03 PAPA JOHN PIZZA 25.00 12579 09/23/03 GOODIES ICE CREAM 25.00 12621 09/23/03 TURNING HEADS BY AVCHON 45.00 12630 09/29/03 EL CARAIBENO CAFETERIA 25.00 12646 09/29/03 OCEAN PIZZA 25.00 TOTAL FIRE WRITE OFFS 02/03 10,508.45 TOTAL BILLED 02/03 184,436.50 TOTAL WRITE OFFS 02/03 10,508.45 % OF TOTAL BILLED 5.70% DATE INV# BILLED OCCUPANT BALANCE 12682 1 0/08/03 EASY DOES IT CAFE LLC 45.00 12695 1 0/08/03 F.O.P. LODGE 45.00 12700 1 0/08/03 SPORTS AUTHORITY 356.50 12709 1 0/08/03 OCEAN RIDGE JEWELRY 45.00 12721 1 0/08/03 METRO PCS 45.00 1~(;j~ 1 U/~~/U;j I::it:~ I Vt: I 04.bU 12736 10/22/03 ADAM & EVES TAKE OUT RESTAURANT 75.00 12741 10/22/03 ORECK FLOOR OF FLORIDA 51.50 12766 10/22/03 PYRAMID BOOKS 45.00 12767 1 0/22/03 BOBY EXPRESS 45.00 12768 1 0/22/03 METROPOL MUL TICARE SERVS 45.00 12796 1 0/22/03 CATO'S FASHIONS 64.50 12809 1 0/22/03 ROBINSON BBQ 25.00 12838 10/31/03 TREASURE CHEST EARLY LEARNING CT 35.00 12847 10/31/03 99 CENT STUFF BOYNTON 162.00 12854 10/31/03 EDITH & ARCHIES 45.00 12855 10/31/03 FRIENDS MARTKET OF FLORIDA 51.50 12871 10/31/03 TOSCANINIITALlAN RESTAURANT 45.00 12891 10/31/03 GREENTREE BAKESHOP 75.00 12897 10/31/03 CLUB OVATION 239.50 12904 10/31/03 APPLIANCE & VACUUM SERV CENTER 45.00 12905 10/31/03 ROSSES SCHOOL OF KARATE 45.00 12907 10/31/03 GAMESPOT #1666 45.00 12909 10/31/03 ORIGINAL PANCAKE HOUSE 120.00 12910 1 0/31/03 JO AL'S REST AURNANT 45.00 12913 10/31/03 RENZO'S PIZZA RESTAURANT 75.00 12922 11/14/03 EDITH NORMIL MIX & MATCH 45.00 12923 11/14/03 SUZE UNISEX BEAUTY 45.00 12926 11/14/03 FLOWERS BY BIANA 45.00 12973 11/14/03 ABC RENTALS 45.00 12997 11/14/03 REFLECTIONS 45.00 12998 11/14/03 WOOLBRIGHT FOOD & BEVERAGE 51.50 13000 11/14/03 ANTONIO'S INT'L BEAUTY SALON 45.00 13013 11/14/03 NUTRITION WAREHOUSE 45.00 13014 11/14/03 SUPERCUTS #9170 45.00 13017 11/14/03 AMERICLEAN FRESH LOOK CLEANERS 45.00 13033 11/14/03 HEAVENLY NAILS 45.00 13034 11/24/03 TROY'S BAR-BE-QUE 25.00 13036 11/24/03 SUPERCUTS #9170 45.00 13057 11/24/03 CUSTOM KITCHEN CABINET FACTORY 45.00 13058 11/24/03 KERR'S COFFEE STOP 45.00 13066 11/24/03 JAN'S JEWELRY 51.50 13073 11/24/03 SWIM ZONE 45.00 13080 11/24/03 EVAN'S MEN'S & LADIES WEAR 45.00 13089 12/11/03 PAYLESS SHOE SOURCE #2605 51.50 13092 12/11/03 STATE FARM INSURANCE 45.00 13093 12/11/03 CARIBBEAN MEATS 51.50 13098 12/11/03 GNL MUL TI SERVS 45.00 INV# 13104 13147 13157 13169 13171 13174 13178 13181 13182 13192 13196 13198 13204 13210 13236 13240 13250 13259 13272 13273 13294 13296 13298 13307 13333 13369 13376 13378 13386 13391 13393 13395 13399 13403 13440 13442 13455 13462 13470 13483 13487 13502 13506 13510 13515 13517 13518 13521 13533 13561 DATE BILLED 12/11/03 12/11/03 12/11/03 12/23/03 12/23/03 12/23/03 12/23/03 12/23/03 12/23/03 12/23/03 12/23/03 12/23/03 12/23/03 12/23/03 12/30/03 12/30/03 01/05/04 01/05/04 01/05/04 01/05/04 01/13/04 01/13/04 01/13/04 01/13/04 01/13/04 01/26/04 01/26/04 01/26/04 01/26/04 01 /26/04 01/26/04 01/26/04 01/26/04 01/26/04 02/09/04 02/09/04 02/09/04 02/09/04 02/09/04 02/09/04 02/09/04 02/09/04 02/20/04 02/20/04 02/20/04 02/20/04 02/20/04 02/20/04 02/20/04 03/04/04 OCCUPANT PLANET BARBER SHOP NEW YORK MEN'S CLOTHING BROWN INS ASSOCS LANE BRYANT #294 VITAMIN WORLD QUAL TEX INC/EXPRESS PHOTO NEXTEL RETAIL STORES LATIN AMERICAN GROCERY MILLlNES HAIR WORLD DECK THE WALLS 9 WEST AFTER HOURS FORMAL LADY FOOT LOCKER VICTORIA'S SECRET SUNGLASS HUT LIDS #5521 KAY-BEE TOY & HOBBY FOOT ACTION DELRAY CENTRAL HOUSE GROUP SILVER & GOLD CONNECTION LIMITED TOO W ALDENBOOKS INTERIOR WOODCRAFTS DAVID CENTOLA LAW OFFICE WILLIE SMITH PREMIER AUTO ZALES JEWELERS PLUMB GOLD CINGULAR WIRELESS BIBLE CHURCH OF GOD BATH AND BODY WORKS NAIL GLORY THE CHRYSALIS CENTER P & L APTS THE LOOK PART OF FELLERS ACCENT FLOWERS & GIFTS BAKER'S FURNITURE SHOWCASE ELECTRONIC BOUTIQUE FL BACKFLOW & ENG SOUTH POP GOES AMERICA CORAL APTS FBM LEASING DAN CORRIE FURNITURE SERVS SAN RIO SURPRISES FADAEL EXPRESS SERVS WIRELESS RETAIL INC LAKESIDE HARBOR COTTAGES COASTAL COMMUNITY LLP A NEW WAY CLEANING SERVICE BOYNTON VISTAS CHAMPS SPORTING GOODS BALANCE 45.00 45.00 45.00 58.00 45.00 45.00 45.00 51.50 45.00 45.00 45.00 45.00 45.00 71.00 45.00 45.00 58.00 64.50 45.00 45.00 58.00 58.00 51.50 45.00 45.00 45.00 45.00 45.00 45.00 51.50 45.00 45.00 45.00 71.00 127.50 45.00 71.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 121.00 INV# 13564 13585 13588 13609 13616 13619 13629 13670 13690 13724 13725 13735 13753 13781 13808 13855 13858 13896 13901 13902 13912 13924 13947 14173 14174 14184 14245 14248 14289 14302 14304 14318 14346 14355 14369 14370 14389 14392 14415 14426 14427 14436 14456 14457 14471 14481 14505 14550 14551 14569 DATE BILLED OCCUPANT 03/04/04 GREENACRES CONDOS 03/04/04 SEARS AUTOMOTIVE CENTER 03/04/04 LEON JENKINS APTS 03/12/04 RENDEZVOUS INC 03/12/04 ABENA RENTAL APTS 03/12/04 SEACREST APTS 03/23/04 BEST BUY 04/02/04 TEXACO #305 04/12/04 THE DRY CLEAN DOCTOR 04/26/04 BOYNTON BEACH BOAT RENTALS 04/26/04 FRUIN ENTERPRISES CHARTER BOAT 04/26/04 ROYAL COIN LAUNDRY 04/26/04 SUNRISE ADULT CARE /I 05/15/04 ONE PRICE DRY CLEANING 05/15/04 SOUNDS OF JOY RECORDING STUDIO 05/15/04 MOMENTUM LOGISTICS 05/15/04 VIT ACOST COM INC 05/15/04 DELIVERANCE HOLY TEMPLE 05/15/04 DAVID EBERHART & SONS 05/15/04 DAVID EBERHART & SONS 05/15/04 KNOL YS JOHNSON 05/15/04 AXSA DOCUMENT SOLUTIONS 05/15/04 COASTAL CYCLES & MOTORSPORTS 06/07/04 ZEE DOOR 06/07/04 ZEE DOOR 06/07/04 CUSTOM KITCHEN CABINET FACTORY 06/07/04 IDEAL PAINT & BODY 06/07/04 JORDAN WRECKER 06/30/04 ATLANTIC TECH SYSTEMS LLC 06/30/04 ATLANTIC GRANITE 06/30/04 UF FLUID SYSTEMS 06/30/04 AHRENS AUTO 07/16/04 EURO TECH ROOFING 07/16/04 EARL LOCKERSON 07/16/04 SKINNERS MASTER CARS 07/16/04 TANDI ELECTRIC 07/16/04 CAHARLlE'S AUTO REPAIR 07/16/04 RICH SALTER 07/16/04 FEEDHOUSE CHURCH OF GOD 07/30/04 HIGHRIDGE COMMERCE CENTER 07/30/04 ROMANO PLUMBING 07/30/04 WACHOVIA BANK 07/30/04 QEC PLUS INC 07/30/04 SOUTHEAST OVERNIGHT 07/30/04 POINT TO POINT CASEWORK 07/30/04 EDWARD LAMONS WELDING 08/12/04 STORAGE JACK CONDA TORE 08/12/04 MITCHELL SHERRMAN 08/12/04 W ACHOVIA BANK 08/12/04 TOP TASTE BALANCE 95.00 155.50 45.00 51.50 45.00 45.00 181.75 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 227.00 0.10 45.00 58.00 45.00 45.00 45.00 45.00 64.50 45.00 45.00 77.50 51.50 64.50 64.50 84.25 45.00 0.50 45.00 45.00 45.00 45.00 45.00 45.00 50.00 45.00 71.00 45.00 45.00 45.00 45.00 45.00 45.00 71.00 25.00 DATE INV # BILLED OCCUPANT 14574 08/12/04 ONIDE'S HAITAIN RESTAURANT 14583 08/27/04 GE FINANCIAL 14604 08/27/04 JEWISH HEALTH SERVS 14608 08/27/04 CALOOSA REGIONAL PARK 14654 08/27/04 THIRD STREET SIGNS 14658 08/27/04 ABLE TOWING 14663 08/27/04 HAIR FASHIONS 14673 08/27/04400 OFFICE BUILDING 14703 08/27/04 NEW LIFE & DELIVERANCE MINISTRIES 14704 08/27/04 CUSTOM BUILDERS 14705 08/27/04 JOHNNY'S LIQUOR STORE 14707 08/27/04 OJ'S TOTAL FIRE WRITE OFFS FISCAL 03/04 TOTAL BILLED 03/04 TOTAL WRITE OFFS 03/04 % OF TOTAL BILLED Total Fire & Life Write offs - General Fund 137,570.48 9,006.10 6.55% BALANCE 45.00 45.00 45.00 45.00 45.00 45.00 45.00 64.50 45.00 45.00 75.00 75.00 9,006.10 66,974.05 66,974.05 City of Boynton Beach Misc Receivable Write offs through 9/30/04 Invoice Number Date Name Description Amount SANITATION FUND 21153 9/28/1998 Service Merchandise Roll Off 275.00 21428 12/4/1998 Winfree Contracting ROil Off 256.72 21470 1/8/1999 Hader, Andy Roll Off 277.50 21495 1/8/1999 Mobiltech Automotive Roll Off 158.50 21520 1/11/1999 Winfree Contracting ROil Off 825.00 21570 2/5/1999 R/Z Construction ROil Off 725.00 21584 2/5/1999 Winfree Contracting Roll Off 909.50 21875 3/12/1999 American Aluminum Roll Off 275.00 21920 3/15/1999 Nutter, Robert Roll Off 151.50 21925 3/15/1999 Phoenix Real Estate ROil Off 275.00 21931 3/15/1999 R/Z Construction Roll Off 275.00 21941 3/15/1999 Service Merchandise ROil Off 280.75 21949 3/15/1999 Stanley, Ernesto Roll Off 275.00 21954 3/15/1999 Wica, Inc. Roll Off 275.00 21965 4/27/1999 American Aluminum Roll Off 275.00 21972 4/27/1999 Isaacs, BOb Roll Off 302.23 22004 4/27/1999 Hypolite Decembre Roll Off 45.00 22008 4/27/1999 Sylvain, Jacquelyn Roll Off 570.00 22023 4/27/1999 Russel, Louise Roll Off 275.00 22051 4/27/1999 R/Z Construction Roll Off 449.25 22080 4/27/1999 Wahoo's on the Wharf Roll Off 317.75 21149 5/7/1999 Ameritech International Special Trash P/U 150.00 21456 5/12/1999 Nutter, Robert ROil Off 38.50 73 5/21/1999 Wahoo's on the Wharf ROil Off 295.00 78 5/21/1999 Wica, Inc. Roll Off 195.75 119 6/3/1999 Hypolite Decembre Roll Off 180.50 139 6/3/1999 Mr. Cox ROil Off 212.00 199 6/15/1999 American Aluminum Roll Off 295.00 204 6/15/1999 Carrera Construction Roll Off 295.00 268 6/22/1999 Wica, Inc. Roll Off 187.00 275 6/22/1999 Select Construction Roll Off 510.92 347 7/27/1999 Carrera Construction Roll Off 295.00 350 7/27/1999 O'Connell, Daniel Roll Off 275.00 394 7/27/1999 Lost Paradise Enterprises Roll Off 423.00 433 7/27/1999 George Pastor & Sons ROil Off 550.00 364 7/28/1999 Shlesinger Homes ROil Off 1624.60 410 7/28/1999 Shlesinger Homes ROil Off 619.80 416 7/28/1999 George Pastor & Sons Roll Off 1479.28 474 8/10/1999 American Aluminum Roll Off 270.04 478 8/10/1999 Carrera Construction ROil Off 275.00 494 8/10/1999 Shlesinger Homes Roll Off 550.00 501 8/10/1999 Wica, Inc. Roll Off 331.75 518 8/10/1999 Keystone Home Improvemnts ROil Off 275.00 519 8/10/1999 Lost Paradise Enterprises Roll Off 205.50 523 8/10/1999 Cedar Ridge ROil Off 275.00 527 8/10/1999 Urso, David Roll Off 140.00 Invoice Number Date Name Description Amount 529 8/10/1999 Joe's Deli Roll Off 195.75 549 8/13/1999 Shlesinger Homes Roll Off 946.86 580 8/13/1999 Shlesinger Homes Roll Off 275.00 628 9/2/1999 O'Connell, Daniel Roll Off 341.64 636 9/2/1999 Degraf, Inc. Roll Off 275.00 682 9/29/1999 Shlesinger Homes Roll Off 550.00 715 9/29/1999 Friendship Investment Roll Off 195.00 FISCAL 98/99 20,196.59 TOTAL BILLED 98/99 991,416.27 TOTAL WRITE OFFS 98/99 20,196.59 % OF TOTAL BILLED 2.0371 % Invoice Number Date Name Description Amount 750 10/5/1999 Shlesinger Homes Roll Off 287.80 765 10/5/1999 Paradise Say Roll Off 221.00 772 10/6/1999 Fast Service Repairs Roll Off 200.20 811 10/19/1999 American Sank Mortgage Special Trash P/U 125.00 847 10/26/1999 R.J. Griffin & CO Roll Off 1112.54 883 10/26/1999 Dean S Dunlap Construction Roll Off 275.00 967 11/15/1999 R.J. Griffin & CO Roll Off 788.50 975 11/15/1999 Fontana Realty Roll Off 263.45 988 11/15/1999 R.J. Griffin & CO Roll Off 275.00 1061 12/3/1999 R.J. Griffin & CO Roll Off 275.00 1084 12/3/1999 Friendship Investment Roll Off 275.00 1113 12/3/1999 Seaver Construction Service Roll Off 202.00 1125 12/3/1999 Qualified Roofing Roll Off 275.00 1186 12/30/1999 Fontana Realty Roll Off 425.00 1190 12/30/1999 Ursa, David Roll Off 680.00 1202 12/30/1999 Seaver Construction Service Roll Off 550.00 1208 12/30/1999 Intercontinental Construction Roll Off 275.00 1222 1/7/2000 R.J. Griffin & CO Roll Off 201.16 1241 1/7/2000 Qualified Roofing Roll Off 275.00 1263 1/14/2000 Fontana Realty Roll Off 1275.00 1287 1/14/2000 Spallina, Domenick Roll Off 167.56 1299 1/14/2000 Rowe, Percival Roll Off 214.17 1311 1/21/2000 Melvin, Paul Roll Off 275.00 1372 2/4/2000 Fontana Realty Roll Off 625.00 1373 2/4/2000 Weiss, Wanda Roll Off 174.28 1380 2/4/2000 Dean S Dunlap Construction Roll Off 625.00 1388 2/4/2000 Intercontinental Construction Roll Off 1100.00 1391 2/4/2000 Qualified Roofing Roll Off 233.78 1393 2/4/2000 Amore Corp Roll Off 862.52 1398 2/4/2000 Rowe, Percival Roll Off 266.12 1455 2/11/2000 Amore Corp Roll Off 174.84 1448 2/14/2000 Fontana Realty Roll Off 1927.66 1472 2/14/2000 Jasent, James Roll Off 166.44 1476 2/14/2000 Lanabar Corp Roll Off 216.00 1526 2/14/2000 Fontana Realty Roll Off 234.15 1535 2/14/2000 Intercontinental Construction Roll Off 1100.00 1555 2/14/2000 All Roof Service Roll Off 405.00 1599 2/18/2000 I ntercontinental Construction Roll Off 275.00 1654 3/20/2000 American Aluminum Roll Off 275.00 1676 3/20/2000 Fontana Realty Roll Off 188.00 1679 3/20/2000 Friendship Investment Roll Off 275.00 1684 3/20/2000 I ntercontinental Construction Roll Off 275.00 1697 3/20/2000 Lanabar Corp Roll Off 230.08 1711 3/20/2000 American Aluminum Roll Off 275.00 1804 3/20/2000 Dean S Dunlap Construction Roll Off 275.00 1718 3/30/2000 Fontana Realty Roll Off 305.93 1837 3/30/2000 Fulmer Roll Off 149.36 1766 3/31/2000 American Aluminum Roll Off 275.00 1808 4/12/2000 Intercontinental Construction Roll Off 275.00 1849 4/12/2000 Savage, Rosemary Roll Off 178.20 Invoice Number Date Name Description Amount 1925 5/8/2000 B.F.1. Roll Off 582.78 1915 5/9/2000 Fontana Realty Roll Off 219.92 1916 5/9/2000 Friendship Investment Roll Off 275.00 1919 5/9/2000 I ntercontinental Construction Roll Off 275.00 1929 5/9/2000 Jak & Sons Roofing Roll Off 275.00 1930 5/9/2000 Kennemer, Joan Roll Off 1305.08 1932 5/9/2000 Magolala, Decembre Roll Off 275.00 1936 5/9/2000 Sugrue, Christiana Roll Off 275.00 1946 5/15/2000 Friendship Investment Roll Off 235.00 1968 5/15/2000 Brophy, Thomas Roll Off 350.00 1987 5/15/2000 Kennemer, Joan Roll Off 552.00 2068 5/23/2000 S. Cordero Roll Off 275.00 2069 5/23/2000 Equinamics Corp Roll Off 321.68 2070 5/23/2000 Estella, Gary Roll Off 275.00 2146 6/6/2000 American Mortgage Roll Off 240.08 2215 6/13/2000 Fontana Realty Roll Off 595.84 2216 6/13/2000 I ntercontinental Construction Roll Off 275.00 2224 6/13/2000 Front Row Rentals Roll Off 275.00 2251 6/14/2000 Knapp, Derrick Roll Off 275.00 2284 6/26/2000 Stanley, Bob Roll Off 275.00 2285 6/26/2000 Coors, Dona Special Trash P/U 50.00 2354 7/13/2000 Intercontinental Construction Roll Off 179.60 2358 7/13/2000 First Florida Construction Roll Off 3365.00 2525 7/27/2000 Malo, Fabian Special Trash P/U 125.00 2406 8/1/2000 Future Property Investments Roll Off 207.60 2412 8/10/2000 Fontana Realty Roll Off 609.31 2413 8/10/2000 Dean S Dunlap Construction Roll Off 275.00 2414 8/10/2000 Intercontinental Construction Roll Off 445.36 2426 8/10/2000 Future Property Investments Roll Off 296.20 2435 8/10/2000 Wims, William Roll Off 230.08 2463 8/10/2000 First Florida Construction Roll Off 1514.78 2482 8/10/2000 Via Monte Construction Roll Off 275.00 2492 8/14/2000 Fontana Realty Roll Off 210.84 2544 8/22/2000 Giovinazzo, Irene Roll Off 156.36 2550 8/23/2000 First Florida Construction Roll Off 1090.00 2598 9/6/2000 First Florida Construction Roll Off 2185.76 2600 9/6/2000 Brophy, Thomas Roll Off 350.00 2641 9/12/2000 C & MG Construction Roll Off 275.00 2650 9/13/2000 Fontana Realty Roll Off 435.56 2664 9/13/2000 Lumaine, Antionia Maki Roll Off 275.00 2715 9/18/2000 Via Monte Construction Roll Off 275.00 2728 9/20/2000 Flores, Felix Roll Off 275.00 2737 9/20/2000 Via Monte Construction Roll Off 275.00 FISCAL 99/00 41,079.57 TOTAL BILLED 99/00 1,272,735.62 TOTAL WRITE OFFS 99/00 41,079.57 % OF TOTAL BILLED 3.2277% Invoice Number Date Name Description Amount 2773 1 0/6/2000 Premier Building Group Roll Off 550.00 2873 10/18/2000 Beauplain, Augustine Special Trash P/U 150.00 2878 10/19/2000 Fontana Realty Roll Off 275.00 2890 10/19/2000 Palm Beach Brake & Wheel Roll Off 275.00 2959 11/13/2000 Fontana Realty Roll Off 700.00 2986 11/13/2000 C & MG Construction Roll Off 275.00 3003 11/13/2000 Atlantic General Services Roll Off 275.00 3219 12/11/2000 Palm Beach Brake & Wheel Roll Off 1675.00 3231 12/11/2000 McGuire, Tom Roll Off 168.40 3205 12/27/2000 C & MG Construction Roll Off 275.00 3221 12/27/2000 Atlantic General Services Roll Off 189.38 3246 12/28/2000 Ross, Rick Roll Off 154.96 3563 1/2/2001 Mussolini, Guerrier Roll Off 295.00 3580 1/2/2001 World Empire Roll Off 191.23 3548 1/4/2001 Gulf Atlantic Construction Roll Off 409.24 3304 1/5/2001 Palm Beach Brake & Wheel Roll Off 350.00 3318 1/10/2001 Spinelli, Joseph Special Trash P/U 75.00 3530 1/11/2001 Demeus, Elizabeth Roll Off 275.00 3437 1/18/2001 Mussolini, Guerrier Roll Off 274.02 3449 1/18/2001 Atlantic Restaurant & Yacht Roll Off 160.56 3585 1/31/2001 Kee,Susan Roll Off 175.00 3685 2/9/2001 The Red Cyclo Roll Off 275.00 3719 2/20/2001 Johnson, Angela Roll Off 275.00 3671 2/28/2001 HK Construction & Roofing Roll Off 275.00 3698 2/28/2001 Elite Construction Roll Off 275.00 3887 3/20/2001 Ballard, Kevin Roll Off 275.00 3904 3/20/2001 Altidor, Pascal Roll Off 175.00 3856 3/22/2001 HK Construction & Roofing Roll Off 275.00 3877 3/23/2001 Elite Construction Roll Off 550.00 3909 3/26/2001 Poole, Jerry Roll Off 275.00 3786 3/29/2001 Gunbar, Gertrude Special Trash P/U 75.00 4054 4/10/2001 Haggins, Melissa Roll Off 230.00 4013 4/11/2001 Lumaine, Antionia Maki Roll Off 275.00 4063 4/25/2001 Lechters Roll Off 350.00 4026 4/27/2001 Dvoracek, John Roll Off 405.00 4195 5/15/2001 Guaranteed Roofing Roll Off 275.00 4192 5/16/2001 Stjuste, Andre Roll Off 475.00 4246 6/12/2001 Ziad Kaddouri Special Trash P/U 50.00 4378 6/14/2001 H&S Tower Service Roll Off 550.00 4370 6/19/2001 Guaranteed Roofing Roll Off 275.00 4380 6/20/2001 Backhus. Stephen Roll Off 434.44 4729 8/14/2001 Cowrie, Abraham Roll Off 275.00 4731 8/30/2001 Backhus, Stephen Roll Off 221.32 4900 9/6/2001 Rubino, Jim Roll Off 275.00 4919 9/6/2001 JJJ Development Roll Off 425.00 4943 9/26/2001 Jalis Construction Roll Off 275.00 582 9/27/2001 Hatcher Construction Roll Off 425.00 FISCAL 00/01 15,108.55 TOTAL BILLED 00/01 1,205,260.14 TOTAL WRITE OFFS 00/01 15,108.55 % OF TOTAL BILLED 1.2536% Invoice Number Date Name Description Amount 5062 10/2/2001 Mark V Construction Roll Off 191.36 5036 10/17/2001 Phoenix Real Estate Roll Off 275.00 5077 10/17/2001 Allico Construction Roll Off 350.00 5348 11/6/2001 Siteworks of FI Roll Off 850.00 5305 11/7/2001 Rodgriguez, Jose Roll Off 62.20 5353 11/7/2001 Kearney, Terrance Roll Off 275.00 5352 11/15/2001 Mckenzie, Steve Roll Off 275.00 5328 11/27/2001 Jalis Construction Roll Off 199.76 5356 11/30/2001 Cerbantes, Marcelino Roll Off 425.00 5248 12/4/2001 Marsh, Elizabeth Special Trash P/U 50.00 5520 12/7/2001 Allico Construction Roll Off 350.00 5534 12/28/2001 Hubbard, Michele Roll Off 200.00 5688 1/4/2002 Buissonniere, Antoine Roll Off 189.96 5680 1/8/2002 D & H Property Mgmt Roll Off 750.00 5658 1/12/2002 Allico Construction Roll Off 335.00 5686 1/17/2002 Roof Doctor Roll Off 473.44 5694 1/22/2002 Storetech Roll Off 3365.00 5693 1/31/2002 Faustin, Prosper Roll Off 185.00 5861 2/20/2002 Roof Doctor Roll Off 530.00 5835 2/21/2002 Allico Construction Roll Off 265.00 5875 2/21/2002 Jean, Edovane Roll Off 195.00 5876 2/27/2002 Crosslands Construction Roll Off 2345.00 6019 3/8/2002 Phoenix Real Estate Roll Off 165.04 6039 3/8/2002 Rubino, Jim Roll Off 265.00 6079 3/8/2002 Roof Doctor Roll Off 265.00 6254 4/4/2002 Roof Doctor Roll Off 265.00 6236 4/12/2002 Allico Construction Roll Off 335.00 6273 4/26/2002 Smith, Robert Roll Off 507.32 6288 4/27/2002 Tesarik, Vlasta Roll Off 178.20 6410 5/3/2002 Deluca, Mike Roll Off 265.00 6385 5/22/2002 Fontana Realty Roll Off 335.00 6414 5/30/2002 Dostie, Martin Roll Off 405.00 6600 6/25/2002 Newport Builders Roll Off 530.00 6647 6/27/2002 Paredes, Aida Roll Off 195.00 6843 7/17/2002 Carlton & Grahaml Retail Roll Off 670.00 6784 7/18/2002 Nationwide Computer Roll Off 470.64 6831 7/23/2002 Pasquale Construction Roll Off 560.00 7038 8/6/2002 Schmidt, Michael Roll Off 153.28 7017 8/9/2002 Paul's Trim Company Roll Off 265.00 7010 8/28/2002 Pasquale Construction Roll Off 795.00 7218 9/14/2002 Rothrock, Fred Roll Off 195.00 7223 9/16/2002 Pasquale Construction Roll Off 509.00 7257 9/18/2002 Dimarzio, Joseph Roll Off 189.96 7247 9/20/2002 Katz, Paul Roll Off 638.50 7205 9/26/2002 Cowrie, Abraham Roll Off 244.00 FISCAL 01/02 20,537.66 TOTAL BILLED 01/02 1,550,532.60 TOTAL WRITE OFFS 01/02 20,537.66 % OF TOTAL BILLED 1.3246% Invoice Number Date Name Description Amount 7471 10/15/2002 Crest Contracting Roll Off 1214.00 7460 10/18/2002 Pasquale Construction Roll Off 232.00 7595 11/27/2002 Happy Buffet Roll Off 244.00 7795 12/6/2002 Koch, Bryan Roll Off 184.50 8561 1/1/2003 Roof Service Roll Off 244.00 7832 1/9/2003 Hart Tree Farms Special Trash P/U 107.49 7946 1/10/2003 Katz, Paul Roll Off 177.92 7934 1/21/2003 Osier, Luvienne Roll Off 244.00 8111 2/11/2003 Southen Homes Roll Off 170.08 8138 2/11/2003 Roof Service Roll Off 244.00 8094 2/25/2003 Oasis Bldrs Roll Off 303.50 8161 2/25/2003 Kane, Stephen Roll Off 514.88 8137 2/27/2003 Mckenzie, Glen and Garfield Roll Off 244.00 8324 3/4/2003 Cleveland, Richard Roll Off 100.00 8351 3/12/2003 Trashbusters Hauling Roll Off 1517.50 8359 3/13/2003 Joseph, Luc Roll Off 184.50 8361 3/18/2003 Del Villar, Claudio Roll Off 303.50 8362 3/18/2003 Mcnicolze Enterprises Roll Off 184.50 8360 3/29/2003 Daise Mgmt Corp Roll Off 244.00 8368 3/31/2003 Wrenne, Kevin Roll Off 198.64 8573 4/1/2003 Trashbusters Hauling Roll Off 303.50 8552 4/5/2003 Happy Buffet Roll Off 303.50 8568 4/5/2003 Kane, Stephen Roll Off 303.64 8569 4/9/2003 Dutney Simon Framing Roll Off 184.50 8577 4/11/2003 Mcnicolze Enterprises Roll Off 244.00 8521 4/15/2003 Oasis Bldrs Roll Off 303.50 8583 4/17/2003 Stagliano, Dawn Roll Off 990.00 8783 5/1/2003 Edouard, Sthollo Roll Off 244.00 8773 5/2/2003 Mcnicolze Enterprises Roll Off 244.00 8750 5/13/2003 A-1 Construction Roll Off 244.00 8757 5/21/2003 Mckenzie, Glen and Garfield Roll Off 161.68 8736 5/22/2003 Cowrie, Abraham Roll Off 488.00 8901 6/18/2003 A-1 Construction Roll Off 244.00 8927 6/27/2003 Joseph, Christian Roll Off 184.50 9132 7/9/2003 General Contractor Services Roll Off 303.50 9147 7/11/2003 Roger, Michael Roll Off 303.50 9096 7/12/2003 Lear Assoc Roll Off 303.50 9156 7/16/2003 Haywood, Henry Roll Off 244.00 8980 7/17/2003 Loudin, Joanne Special Trash P/U 45.00 9193 7/31/2003 Christopher, Joseph Roll Off 433.28 9336 8/5/2003 Dorcent, Lumenes Roll Off 244.00 9267 8/27/2003 Lear Assoc Roll Off 910.50 9539 9/3/2003 P.K.S. Construction Roll Off 184.50 9491 9/13/2003 Lear Assoc Roll Off 303.50 9581 9/19/2003 Weihs, Andre Roll Off 303.50 FISCAL 02/03 14,878.61 TOTAL BILLED 02/03 1,334,255.09 TOTAL WRITE OFFS 02/03 14,878.61 % OF TOTAL BILLED 1.1151% Invoice Number Date Name Description Amount 9797 10/1/2003 Mccloud, Arnetta Roll Off 300.50 9777 10/23/2003 Sun Band Builders Roll Off 244.00 9744 1 0/28/2003 Unique Columns Roll Off 2499.50 9983 11/7/2003 Sun Band Builders Roll Off 244.00 10014 11/7/2003 Mango & Tango Roll Off 310.20 9969 11/11/2003 Boynton 12 Investments Roll Off 244.00 10022 11/19/2003 EI Caribe Market Roll Off 184.50 10183 12/5/2003 Motts Canyon Restoration Roll Off 303.50 10185 12/9/2003 EI Caribe Market Roll Off 244.00 10195 12/11/2003 Palm Beach Assoc. Roll Off 184.50 10194 12/12/2003 Gagliotti, Beverly Roll Off 363.00 10169 12/15/2003 Chiapperini, Peter Roll Off 201.72 10135 12/18/2003 R.C. Cole Roll Off 428.50 10149 12/19/2003 Boynton 12 Investments Roll Off 488.00 10161 12/19/2003 Sun Band Builders Roll Off 732.00 10341 1/6/2004 Mccloud, Arnetta Roll Off 303.50 10351 1/8/2004 Motts Canyon Restoration Roll Off 184.50 10357 1/27/2004 Gagliotti, Beverly Roll Off 272.28 10538 2/5/2004 Sun Band Builders Roll Off 244.00 10431 2/10/2004 Ross, Michael Special Trash P/U 100.00 10555 2/12/2004 EI Caribe Market Roll Off 244.00 10446 2/17/2004 Cowrie, Abraham Special Trash P/U 35.00 10554 2/20/2004 Motts Canyon Restoration Roll Off 192.62 10564 2/26/2004 Rogers, Michael Roll Off 303.50 10791 3/18/2004 Del Boca Jewlery Exchange Roll Off 184.50 10794 3/19/2004 J.P. Hogan Concrete Roll Off 197.50 10750 3/22/2004 Preston Construction Roll Off 607.00 10788 3/24/2004 Allison, Neville Roll Off 244.00 10745 3/30/2004 Sun Band Builders Roll Off 244.00 11 040 4/12/2004 Spades Construction Roll Off 184.50 11 068 4/17/2004 Matthew Giacomino Inc. Roll Off 303.50 11049 4/21/2004 Hubert, Yves Roll Off 277.60 11017 4/22/2004 Mccloud, Arnetta Roll Off 303.50 11 009 4/24/2004 Solid Gold Development Roll Off 1164.00 11 036 4/28/2004 Rogers, Michael Roll Off 303.50 11076 4/29/2004 Cohen Thaddeus L Roll Off 161.96 11234 5/13/2004 Wilkin, Alex Roll Off 154.96 11254 5/19/2004 Musa Kelly Roll Off 369.00 11241 5/26/2004 Eaton, Scott Roll Off 194.50 11194 5/27/2004 Solid Gold Development Roll Off 1097.92 11212 5/28/2004 Oceanside Bakery Roll Off 264.00 11217 5/28/2004 Spades Construction Roll Off 347.50 11455 6/8/2004 Florida Development & Canst Roll Off 264.00 11436 6/11/2004 Solid Gold Development Roll Off 594.92 11475 6/16/2004 Musa Kelly Roll Off 331.26 11456 6/18/2004 Spades Construction Roll Off 194.50 11490 6/25/2004 Mcclure, Chris Roll Off 389.00 11650 7/22/2004 Rogers, Michael Roll Off 264.00 11651 7/23/2004 Florida Development & Canst Roll Off 528.00 11633 7/29/2004 Solid Gold Development Roll Off 1978.66 Invoice Number 11698 11896 11885 11935 11883 11949 11951 12098 12138 12123 Date 7/30/2004 8/9/2004 8/13/2004 8/17/2004 8/27/2004 8/27/2004 8/31/2004 9/27/2004 9/29/2004 9/30/2004 Name Description Amount Hastings, Chris Roll Off Florida Development & Const Roll Off Allen Roofing Roll Off Hunter, Lawrence Roll Off Solid Gold Development Roll Off Mac's Maintenance Roll Off Bouie, James Roll Off Solid Gold Development Roll Off Mac's Maintenance Roll Off Hillman, Dean Roll Off TOTAL WRITE OFFS FISCAL 03/04 264.00 264.00 458.50 154.68 1540.08 789.53 806.00 652.32 1209.00 403.00 TOTAL BILLED 03/04 TOTAL WRITE OFFS 03/04 % OF TOTAL COLLECTIONS 1,348,089.86 26,540.21 1.9687% Total Write offs Sanitation Fund 26,540.21 138,341.19 138,341.19 Invoice Number GENERAL FUND 20445 20451 20452 20453 20461 568 Date 4/2/1998 4/2/1998 4/2/1998 4/2/1998 4/2/1998 8/13/1998 Name Description Amount Jewish Educ. Endowment Lot Mowing Williams, Clifford & Shirley Lot Mowing Countywide Funding Corp Lot Mowing Meyer, Catherine Lot Mowing Marquette, Steven Lot Mowing Chase Manhattan Bank Lot Mowing TOTAL WRITE OFFS FISCAL 97/98 125.00 175.00 175.00 125.00 125.00 137.50 862.50 TOTAL BILLED 97/98 TOTAL WRITE OFFS 97/98 % OF TOTAL BILLED UNKNOWN-BEFORE H.T.E SOFTWARE 862.50 UNKNOWN-BEFORE H.T.E SOFTWARE Invoice Number Date Name Description Amount 21229 10/29/1998 Robinson, Nathaniel Lot Mowing 225.00 21243 10/29/1998 Bankers Trust Lot Mowing 125.00 21247 10/29/1998 County Collection Service Lot Mowing 175.00 21254 10/29/1998 Southern Atlantic Const Lot Mowing 125.00 21328 11/13/1998 Gostel, JS & Virginia Lot Mowing 625.00 21329 11/13/1998 Callis, Anthony Lot Mowing 125.00 21332 11/16/1998 Hubbert Joseph Lot Mowing 375.00 21333 11/16/1998 Lewis, Lillie Lot Mowing 125.00 21335 11/16/1998 Woolbright Road Partners Lot Mowing 425.00 21464 12/30/1998 Hudson, George Lot Mowing 200.00 21855 2/11/1999 Jewish Educ. Endowment Lot Mowing 212.50 21861 3/3/1999 Scheurer, Robert Lot Mowing 212.50 21864 3/3/1999 Chemical Mortgage Lot Mowing 212.50 6 3/31/1999 CO Group Inc Lot Mowing 162.50 19726 5/7/1999 Cain, Willie C. Lot Mowing 175.00 20444 5/7/1999 Riel, Lauren Lot Mowing 125.00 20449 5/7/1999 Diaz, Victor & Lugans Silva Lot Mowing 175.00 21219 5/10/1999 Homeside Lending, Inc. Lot Mowing 125.00 21221 5/10/1999 St. Juste, Therese Lot Mowing 325.00 21224 5/10/1999 White, Wadell Lot Mowing 112.50 21346 5/10/1999 Boynton Inlet Bait & Tackle Property Tax 721.19 21432 5/10/1999 SEC Hud Lot Mowing 125.00 21847 5/10/1999 Rolling Green Ridge Lot Mowing 260.50 21862 5/10/1999 White, Wadell Lot Mowing 175.00 101 5/27/1999 St. Juste, Therese Lot Mowing 62.50 162 6/1/1999 Dames, Bonita Lot Mowing 162.50 163 6/1/1999 Cunningham, Isaac & Sedonia Lot Mowing 162.50 280 6/22/1999 Ridley, Annie Lot Mowing 112.50 403 7/28/1999 Chemical Mortgage Lot Mowing 112.50 542 8/10/1999 Aaron, Ben Lot Mowing 237.00 564 8/13/1999 Jewish Educ. Endowment Lot Mowing 112.50 569 8/17/1999 Riel, Lauren Lot Mowing 112.50 570 8/17/1999 Coleman, Albert Lot Mowing 112.50 589 8/27/1999 Kadar & Karla Inc Lot Mowing 137.50 TOTAL WRITE OFFS FISCAL 98/99 6,968.69 TOTAL BILLED 98/99 692,717.85 TOTAL WRITE OFFS 98/99 6,968.69 % OF TOTAL COLLECTIONS 1.0060% Invoice Number 779 785 786 787 790 791 795 796 1091 1094 1095 1097 1411 1417 1418 1403 1412 1420 1425 1429 1891 1892 1893 1894 2043 2083 2114 2116 2122 2124 2135 2139 2255 2257 2311 2528 2576 2583 2617 Date 10/11/1999 10/11/1999 10/11/1999 10/11/1999 10/11/1999 10/11/1999 10/11/1999 10/11/1999 12/3/1999 12/3/1999 12/3/1999 12/3/1999 1/14/2000 1/14/2000 1/14/2000 2/11/2000 2/11/2000 2/11/2000 2/11/2000 2/11/2000 4/26/2000 4/26/2000 4/26/2000 4/26/2000 5/19/2000 5/26/2000 5/31/2000 5/31/2000 5/31/2000 5/31/2000 6/6/2000 6/6/2000 6/14/2000 6/14/2000 7/10/2000 8/17/2000 9/5/2000 9/5/2000 9/9/2000 Name Description Amount Mcallister, Garland J Lot Mowing White, Wadell Lot Mowing Lewis, Lillie Lot Mowing St. Juste, Therese Lot Mowing Chase Manhattan Bank Lot Mowing Lewis, Eddie Lot Mowing Chase Mortgage Bank Lot Mowing Cabrera & Rego Enterprises Lot Mowing Jewish Educ. Endowment Lot Mowing Hunter Companies Lot Mowing United Companies Lending Corp Lot Mowing Milstead, Thomas T Lisa L Lot Mowing Chase Manhattan Bank Lot Mowing Edwards, Cedrick Lot Mowing Estella, Guy Lot Mowing Ridley, Annie Lot Mowing Cabrera & Rego Enterprises Lot Mowing Union Planters Pmac Inc. Lot Mowing Riggleman, Fortunato Lot Mowing Ernst, Steven & Sonna Lot Mowing Rolling Green Ridge Lot Mowing Chase Manhattan Bank Lot Mowing United Companies Lending Corp Lot Mowing Edwards, Cedrick Lot Mowing Jewish Educ. Endowment Lot Mowing Ridley, Annie Lot Mowing Lamontagne, Kevin Code Books Pierce Architectural Photocopies Hoffman, James Photocopies Quantum Assoc Code Books Cabrera & Rego Enterprises Lot Mowing Murphy, Constance Lot Mowing McGee, Dwayne & Jeanye Lot Mowing Pearson, Leola Lot Mowing Gary William, Parenti, Finney Photocopies Rolling Green Ridge Lot Mowing St. Juste, Therese Lot Mowing Knight, Edward Lot Mowing Eccles, Ralph Lot Mowing TOTAL WRITE OFFS FISCAL 99/00 112.50 187.50 112.50 112.50 112.50 112.50 137.50 162.50 150.00 2000.00 150.00 100.00 125.00 125.00 125.00 225.00 150.00 125.00 150.00 150.00 312.50 187.50 187.50 212.50 187.50 187.50 12.47 12.47 12.47 12.4 7 162.50 162.50 187.50 212.50 62.79 162.50 87.50 162.50 137.50 TOTAL BILLED 99/00 TOTAL WRITE OFFS 99/00 % OF TOTAL BILLED 518,325.51 7,287.67 1.4060% 7,287.67 Invoice Number Date Name Description Amount 1069 10/23/2000 Action Billiards Special Pol.Detail 310.00 1249 10/23/2000 Champs Special Pol.Detail 60.00 1420 10/23/2000 Paradise Bay Special Pol.Detai/ 50.00 1 10/25/2000 Michelango Special Pol.Detail 20.00 2897 10/26/2000 Olsen, RF & Mildred Lot Mowing 50.00 2901 10/26/2000 Laing, R. Scott Lot Mowing 125.00 2914 11/2/2000 Williams, Clifford & Shirley Lot Mowing 137.50 2915 11/2/2000 Jewish Educ. Endowment Lot Mowing 112.50 2917 11/2/2000 Hef-Kov Lot Mowing 112.50 2918 11/2/2000 Eccles, Ralph Lot Mowing 137.50 2919 11/2/2000 Boynton Michael Realty Lot Mowing 137.50 3070 11/30/2000 Boynton Inlet Bait & Tackle Property Tax 721.19 3088 12/8/2000 Lewis, Lillie Lot Mowing 112.50 3090 12/8/2000 Murphy, Constance Lot Mowing 112.50 3095 12/8/2000 Torres, Raymond Lot Mowing 162.50 3927 3/31/2001 Orbit Special Pol.Detail 742.50 3910 4/9/2001 Williams, Clifford & Shirley Lot Mowing 137.50 3911 4/9/2001 Bay Mgmt Inc Lot Mowing 137.50 3912 4/9/2001 Torres, Raymond Lot Mowing 137.50 3936 4/26/2001 Weiss, Wanda Photocopies 12.72 4242 5/16/2001 Orbit Special Pol.Detail 692.50 4104 6/1/2001 Mcadoo, Jerry Lot Mowing 162.50 4113 6/5/2001 Brown, Robert Lot Mowing 162.50 4114 6/5/2001 Board of Public Instruction Lot Mowing 30.00 4391 7/12/2001 Torres, Raymond Lot Mowing 162.50 4402 7/18/2001 Olsen, RF & Mildred Lot Mowing 50.00 4403 7/18/2001 Torres, Raymond Lot Mowing 112.50 4404 7/18/2001 Dolly, Ruth Lot Mowing 112.50 4405 7/18/2001 Laing, Brian P Lot Mowing 137.50 4426 8/2/2001 Guyon, Mary c/o John Davis Lot Mowing 112.50 4427 8/2/2001 Pierre, Burnette Lot Mowing 112.50 4429 8/2/2001 Spinelli, Joseph & Adrianna Lot Mowing 112.50 4430 8/2/2001 Miller, Margie M Lot Mowing 112.50 4574 8/23/2001 Pereira, Terry Photocopies 22.10 4620 9/4/2001 Williams, Clifford & Shirley Lot Mowing 112.50 4621 9/4/2001 Vyhanek, JJ & Marie Lot Mowing 112.50 4622 9/4/2001 Maniedeo, Ann Lot Mowing 137.50 4624 9/4/2001 Coleman, Albert Lot Mowing 112.50 4629 9/6/2001 Orbit Special Pol.Detai/ 20.00 4775 9/18/2001 Kaminester, Lewis H Lot Mowing 112.50 4778 9/18/2001 Ryan, Theodore Lot Mowing 137.50 4779 9/18/2001 Whitman,Debra Lot Mowing 137.50 4780 9/18/2001 Gordon, Rose Lot Mowing 137.50 4782 9/18/2001 Athena Properties Lot Mowing 112.50 4783 9/18/2001 Andrews, Ernest & Elizabeth Lot Mowing 112.50 4785 9/18/2001 Abel, Blanch & Diane Lot Mowing 112.50 4786 9/18/2001 Colson, Mary N Lot Mowing 112.50 4787 9/18/2001 Villfane, Vincent Lot Mowing 112.50 4788 9/18/2001 Jackson, Hattie A Lot Mowing 112.50 4791 9/18/2001 Torres, Raymond Lot Mowing 612.50 Invoice Number 4792 4793 4795 Date 9/18/2001 9/18/2001 9/18/2001 Name Description Laing, Brian P Lot Mowing Pitale, Jaime Lot Mowing Mcmahel, Christine M Lot Mowing TOTAL WRITE OFFS FISCAL 00/01 TOTAL BILLED 00/01 TOTAL WRITE OFFS 00/01 % OF TOTAL BILLED 802,234.93 8,468.51 1.0556% Amount 137.50 112.50 287.50 8,468.51 Invoice Number Date Name Description Amou nt 4825 10/3/2001 Mcadoo, Jerry Lot Mowing 112.50 4826 10/3/2001 Hef-Kov Lot Mowing 112.50 4827 10/3/2001 Jewish Educ. Endowment Lot Mowing 137.50 4828 10/3/2001 RJL Financial Lot Mowing 112.50 4829 1 0/3/2001 Board of County Commissioners Lot Mowing 112.50 4986 10/17/2001 Orbit Special Pol.Detail 200.00 5001 11/5/2001 Williams, Clifford & Shirley Lot Mowing 137.50 5002 11/5/2001 Palm Walk Assoc Lot Mowing 162.50 5003 11/5/2001 Vyhanek, JJ & Marie Lot Mowing 137.50 5005 11/5/2001 Field, John Lot Mowing 112.50 5006 11/5/2001 Torres, Raymond Lot Mowing 162.50 5008 11/5/2001 Country Wide Home Loans Lot Mowing 162.50 5009 11/5/2001 King, Louise V. Lot Mowing 137.50 5240 12/3/2001 White, Wadell Lot Mowing 162.50 5241 12/3/2001 Colson, Mary N Lot Mowing 112.50 5242 12/3/2001 Jackson, Hattie A Lot Mowing 137.50 5243 12/3/2001 Torres, Raymond Lot Mowing 225.00 5244 12/3/2001 Florida 4C Property Lot Mowing 162.50 5390 12/13/2001 Vayani, Anwer Lot Mowing 262.50 5391 12/13/2001 Knowles, BP & Ethel Lot Mowing 112.50 5392 12/13/2001 Fowler, Lou Lot Mowing 100.00 5394 12/13/2001 Miller, Willie Lot Mowing 112.50 5395 12/13/2001 Coleman, Albert Lot Mowing 112.50 5573 12/28/2001 Orbit Special Pol.Detail 750.00 5561 1/14/2002 Hef-Kov Lot Mowing 112.50 5562 1/14/2002 Jewish Educ. Endowment Lot Mowing 112.50 5563 1/14/2002 RJL Financial Lot Mowing 112.50 5564 1/14/2002 Torres, Raymond Lot Mowing 137.50 5754 2/25/2002 Munley, Sharon A Barmore Photocopies 68.66 5884 3/5/2002 Williams, Clifford & Shirley Lot Mowing 112.50 5885 3/5/2002 Olsen, RF & Mildred Lot Mowing 50.00 5887 3/5/2002 Field, John Lot Mowing 162.50 5890 3/6/2002 HP Tompkins Readvertisment 1304.40 6104 4/3/2002 Gordon, Steven Photocopies 22.84 6106 4/10/2002 Harbor Title Tax Search 10.00 6119 4/17/2002 Williams, Clifford & Shirley Lot Mowing 137.50 6120 4/17/2002 Olsen, RF & Mildred Lot Mowing 50.00 6121 4/17/2002 Vyhanek, JJ & Marie Lot Mowing 137.50 6122 4/17/2002 Meeks, Richard Lot Mowing 312.50 6123 4/17/2002 Nicholls, David W. Lot Mowing 137.50 6124 4/17/2002 Woods, Jane M. Lot Mowing 112.50 6335 4/27/2002 Unity Fire Assoc Special Pol.Detail 770.00 6151 4/29/2002 Highley, Charles Photocopies 68.90 6300 5/15/2002 Quantum Assoc Photocopies 38.48 6306 5/15/2002 Padgett, Teresa Photocopies 38.48 6309 5/15/2002 Olen Development Code Books 38.48 6322 5/15/2002 Daise Management Photocopies 38.48 10914 5/15/2002 Lentini Consulting Code Books 25.72 6323 5/16/2002 Colson, Mary N Lot Mowing 162.50 6324 5/16/2002 Jackson, Elise Lot Mowing 187.50 Invoice Number 6359 6688 9200 6696 6698 6699 6701 6702 6703 6704 6705 6706 6708 6709 6710 6712 6719 6720 6722 6723 6724 6725 6915 6916 6917 7076 7077 7079 Date 6/4/2002 7/25/2002 7/26/2002 7/31/2002 8/112002 8/1/2002 8/1/2002 8/1/2002 8/1/2002 8/1/2002 8/1/2002 8/1/2002 8/1/2002 8/1/2002 8/1/2002 8/1/2002 8/8/2002 8/8/2002 8/8/2002 8/8/2002 8/8/2002 8/8/2002 9/17/2002 9/17/2002 9/17/2002 9/23/2002 9/23/2002 9/23/2002 Name Description Amount McDonough, Michail David Photocopies Unity Fire Assoc Special Pol.Detail AMF Fairlanes Special Pol.Detail US Department of Justice Photocopies McGrady, Eldrige & Zelma Lot Mowing Colson, Mary N Lot Mowing Vyhanek, JJ & Marie Lot Mowing Pierre, Burnette Lot Mowing Field, John Lot Mowing Ola Coleman Lot Mowing Torres, Raymond Lot Mowing Board of County Commissioners Lot Mowing Johnson, George Lot Mowing Church of God Lot Mowing Lester Taylor clo Mac Mil Lot Mowing Robinson, David D Lot Mowing Holmes, Bertha Lot Mowing Knowles, BP & Ethel Lot Mowing Miller, Willie Lot Mowing Andrews, Ernest & Elizabeth Lot Mowing Eunice, David Lot Mowing Anderson, Rosa Lot Mowing Jackson, Elise Lot Mowing Olsen, RF & Mildred Lot Mowing Torres, Raymond Lot Mowing Algonas, Arthur & Schreck Lot Mowing Morrow, William Lot Mowing Boynton Beach Distribution Lot Mowing TOTAL WRITE OFFS FISCAL 01/02 3.02 20.00 675.00 0.60 112.50 112.50 112.50 150.00 287.50 112.50 625.10 225.00 112.50 162.50 112.50 112.50 137.50 137.50 112.50 112.50 137.50 137.50 112.50 50.00 137.50 137.50 112.50 237.50 TOTAL BILLED 01/02 TOTAL WRITE OFFS 01/02 % OF TOTAL BILLED 957,417.70 13,010.66 1.3589% 13,010.66 Invoice Number Date Name Description Amount 7276 10/22/2002 Holmes, Bertha Lot Mowing 137.50 7277 1 0/22/2002 Pierre, Burnette Lot Mowing 112.50 7278 1 0/22/2002 Jenkins, Constance Lot Mowing 137.50 7279 1 0/22/2002 Field, John Lot Mowing 225.00 7280 10/22/2002 Ola Coleman Lot Mowing 162.50 7281 10/22/2002 Torres, Raymond Lot Mowing 225.00 7282 10/22/2002 Miller, Willie Lot Mowing 137.50 7283 1 0/22/2002 Florida 4C Property Lot Mowing 162.50 7284 1 0/22/2002 Vega, Pedro Lot Mowing 237.50 7359 11/2/2002 AMF Fairlanes Special Pol.Detail 710.00 7308 11/7/2002 Quantum Assoc Photocopies 52.78 7314 11/8/2002 Gee & Jensen Photocopies 52.78 7322 11/14/2002 Ocean Ridge Code Books 105.56 7323 11/14/2002 Lamontagne, Kevin Photocopies 52.78 7682 11/15/2002 Cafe La Notte Special Pol.Detail 100.00 7517 12/3/2002 Weatherspoon, Clarence Lot Mowing 137.50 7518 12/3/2002 Jewish Educ. Endowment Lot Mowing 137.50 7519 12/3/2002 RJL Financial Lot Mowing 137.50 7520 12/3/2002 Estella, Guy Lot Mowing 112.50 7521 12/3/2002 Board of County Commissioners Lot Mowing 137.50 7526 12/11/2002 Wallwork, Peter C Photocopies 19.40 7659 12/18/2002 Hicks Richards & Isaacs Tax Search 45.00 8052 2/19/2003 Bridges, George Photocopies 55.86 8214 3/20/2003 Colson, Mary N Lot Mowing 112.50 8215 3/20/2003 Vyhanek, JJ & Marie Lot Mowing 162.50 8216 3/20/2003 Field, John Lot Mowing 112.50 8217 3/20/2003 Nicholls, David W. Lot Mowing 137.50 8219 3/20/2003 Marvin, Bill Lot Mowing 112.50 8221 3/20/2003 Congress Properties Lot Mowing 137.50 8222 3/20/2003 Villafane Milagros Lot Mowing 112.50 8404 4/4/2003 Munley, Sharon A Barmore Photocopies 2.86 8456 4/30/2003 Olsen, RF & Mildred Lot Mowing 50.00 8458 4/30/2003 Properties Unlimited Lot Mowing 162.50 8459 4/30/2003 Alliance Mortgage Corp. Lot Mowing 162.50 8984 7/21/2003 Sky's the Limit Lot Mowing 112.50 8986 7/21/2003 Nicholls, David W. Lot Mowing 112.50 8987 7/21/2003 RJF Fin Group Lot Mowing 162.50 9214 8/26/2003 Walker, Chip Code Books 25.66 9216 8/26/2003 Quantum Assoc Photocopies 25.66 9226 8/26/2003 Lamontagne, Kevin Photocopies 25.66 9227 8/26/2003 Ocean Ridge Code Books 51.33 9231 8/26/2003 Lentini Consulting Code Books 25.66 9232 8/26/2003 Daise Management Code Books 25.66 9395 9/22/2003 Sterns, Mike Photocopies 132.01 TOTAL WRITE OFFS FISCAL 02/03 5,358.66 TOTAL BILLED 02/03 1,110,882.84 TOTAL WRITE OFFS 02/03 5,358.66 % OF TOTAL BILLED 0.4824% Invoice Number Date Name Description Amount 9606 10/27/2003 Foreclosure Mortgage Services Lot Mowing 112.50 9607 10/27/2003 Cattano, Brian Lot Mowing 112.50 9611 10/28/2003 Taplin & Assoc Tax Search 30.00 9638 11/4/2003 BellSouth Mobility Prop.Tax 3.81 9639 11/4/2003 Sprint Contracts Prop.Tax 189.12 9644 11/5/2003 Partners plus Prop.Tax 1098.03 9885 11/8/2003 A & A Assoc Special Pol.Detail 200.00 9847 12/1/2003 Sedgwick, Michael a Photocopies 110.51 9887 12/23/2003 McGrady, Eldrige & Zelma Lot Mowing 162.50 9888 12/23/2003 Miller, Willie Lot Mowing 162.50 9889 12/23/2003 Prime Property Lot Mowing 162.50 9891 12/23/2003 King Mose Lot Mowing 162.50 9893 12/23/2003 White, John Lot Mowing 162.50 9894 12/23/2003 Palm Beach County Lot Mowing 162.50 10237 1/27/2004 Bell, Marvin Lot Mowing 82.50 10433 2/13/2004 Flagler Title Tax Search 15.00 10624 3/22/2004 Surdis, Kristofer Photocopies 2.54 10845 4/14/2004 Smith, Richard Photocopies 75.95 10867 4/27/2004 Peterson,Eric Code Books 25.72 10873 4/27/2004 Waste Management Code Books 25.72 10874 4/27/2004 Quantum Assoc Photocopies 25.72 10877 4/27/2004 Hodgson, Russ, Andrews, & Woe Code Books 25.72 10901 4/30/2004 Clipper Cove Apt Code Books 2.91 10903 4/30/2004 Olen Development Photocopies 25.72 6321 5/3/2004 Lentini Consulting Photocopies 38.48 10909 5/3/2004 Ocean Ridge Code Books 51.43 10913 5/3/2004 Sir Electric Code Books 25.72 10915 5/3/2004 Daise Management Code Books 25.72 10917 5/6/2004 Seiu/Ncfo Shelia Hamilton Photocopies 3.34 11550 7/17/2004 Ruden & Mcclosky Atty Photocopies 7.27 11551 7/19/2004 Ruden & Mcclosky Atty Photocopies 5.20 12006 8/29/2004 Ajah Video & Movie Special Pol.Detail 530.00 TOTAL WRITE OFFS FISCAL 03/04 3,826.13 TOTAL BILLED 03/04 1,058,103.95 TOTAL WRITE OFFS 03/04 3,826.13 % OF TOTAL BILLED 0.3616% Total Write ofts General Fund 45,782.82 45,782.82 CK # PAYEE 1460 Financial Consultating Partners 166 Braziel'Falana, Joanne 213 Ridgepointe Woods H/O Assoc 1669 Doug Campbell Pool 1056 Simmons, Lola 110 Braziel'Falana, Joanne 1192 Maloney, Charles 160 Stephenson, Theresa 161 Stephenson, Theresa 166 Delgadeo, Wanda 1086 Grey,Stephen 1142 Jones, Roper 776 Dermo, Patricia 1593 Mercado, Erika 159 Wright, Anthony 518 Morgan, Althea 417 Gray, Mary 181 O'Neil, Brandi 2537 Florida Main Roofing Inc. 1506 LWL Enhancement Systems Inc. 151 Landis, George TOTAL WRITE OFFS 98/99 TOTAL RETURN CHECKS 98/99 TOTAL WRITE OFFS 98/99 % OF TOTAL RETURNS 98/99 CITY OF BOYNTON BEACH RETURNED CHECKS FOR WRITE OFF 1 0/98 - 9/30/04 NOTICE DATE 10/27/98 02/11/99 02/11/99 02/17/99 03/01/99 04/14/99 04/27/99 05/18/99 05/18/99 06/07/99 06/09/99 06/24/99 06/25/99 07/02/99 07/08/99 07/26/99 08/03/99 08/04/99 08/04/99 08/16/99 09/27/99 81,780.24 4,913.96 6.01% AMOUNT 84.00 25.00 3545.96 105.00 30.00 110.00 50.00 9.00 9.00 45.00 55.00 128.00 50.00 286.00 150.00 20.00 52.00 10.00 70.00 25.00 55.00 4,913.96 CITY OF BOYNTON BEACH RETURNED CHECKS FOR WRITE OFF 1 0/98 - 9/30/04 CK# PAYEE NOTICE DATE AMOUNT 985 Sobers, C. 549 Robinson, Keesha 1160 Comfort, William Unknown 449 Gray, Mary 1540 Lorenzo, E. 11067 Procare Health 143 Behan, Michelle 120 Martinez, M. 803 Bethea, Orga D. 151 Kaigler, Shawanda Birch 3362 Jones, Harold D. 306 Devaughn, Cynhtia 241 Gonzales, Sandra 232 McCloud, Juana 121 Daniels, Samuel 129 McCall, Shiesha 298 Millines, Eric 412 Glenn, Ora 548 Aikens, Whiteside 905935 Hertz TOTAL WRITE OFFS 99/00 10/21/99 1 0/25/99 10/25/99 1 0/26/99 11/12/99 11/24/99 11/24/99 12/14/99 12/15/99 03/20/00 03/22/00 04/03/00 04/07/00 05/15/00 06/15/00 06/15/00 06/16/00 07/07/00 07/18/00 08/02/00 08/12/00 90.00 10.00 84.00 140.58 84.00 30.00 48.40 25.00 180.00 25.00 12.00 290.00 43.20 96.40 10.00 25.00 25.00 39.00 25.00 150.00 0.60 TOTAL RETURNED CHECKS 99/00 TOTAL WRITE OFFS 99/00 % OF TOTAL RETURNS 99/00 68344.52 1,433.18 2.10% 1,433.18 CITY OF BOYNTON BEACH RETURNED CHECKS FOR WRITE OFF 10/98 - 9/30/04 CK# PAYEE 289 Rodeman, Debra 1557 Hayes, Cherrie 278 Deas, Janie 413 Knowles, Anita 2022 Rein, Kenneth 2029 Rein, Kenneth 226 Riley, Bobby 117 Alvarado, Damaris 1013 Stormer, Darwin Blake 1602 Virgil, Vergia 1109 Applegate, Deborah 1177 Woods, Sylvia 3606 Burress, Robert 2001 Hamon, Delphine 1085 McJilton, Roger 1035 Stephenson, Theresa 1093 McJilton, Roger 110117 Union Bank of Florida 11044 Union Bank of Florida 796883 AMF Bowling Worldwide 5119 Close, Svetlana 876 Langston, Jennifer Kimmico, Inc. 409 Rosario, Rose TOTAL WRITE OFFS 00/01 NOTICE DATE 11/09/00 01/29/01 02/05/01 02/06/01 02/26/01 02/26/01 03/05/01 03/26/01 03/29/01 05/01/01 05/11/01 05/15/01 05/15/01 OS/25/01 05/31/01 06/05/01 06/13/01 07/03/01 07/09/01 07/10/01 08/23/01 08/23/01 08/31/01 09/13/01 TOTAL RETURNED CHECKS 00/01 TOTAL WRITE OFFS 00/01 % OF TOTAL RETURNS 00/01 126,286.86 3,226.04 2.55% AMOUNT 30.00 10.00 70.00 25.00 9.54 24.50 185.00 25.00 12.00 50.00 30.00 40.00 40.00 60.00 40.00 165.00 250.00 330.00 250.00 450.00 30.00 80.00 1000.00 20.00 3,226.04 CK # PAYEE 106 Otero, Julio 1078 Townsend,Lea 1003 Southeastern Hood & Ventilatn 164 Lomeli, Sandra 447 Verderosa, elizabeth 1464 Hart, Lisa 10173 Burkhart Services 341 Eden Gear 302 Clark, Sharon 112 Venegas-Sanchez 2453 Porter, Jenny Timblin 827 Fulmore, Irene 492 Michelet, Cynthia 1022 Untiy Fire Assoc 1267 Rutherford, Tranetta 1047 Tiedmann, Lenore 5139 Mercer/Pineault 356 Dunham, David 1057 Bladalta Corp 1003 Sudden Shark 92 Finck/Schloss Total Rtn check Write ofts 01/02 Total Return checks 01/02 Total Write ofts 01/02 % of Total RETURNS 01/02 CITY OF BOYNTON BEACH RETURNED CHECKS FOR WRITE OFF 10/98 - 9/30/04 NOTICE DATE 10/11/01 11/09/01 12/13/01 12/17/01 12/28/01 01/02/02 02/14/02 03/06/02 04/24/02 04/29/02 05/14/02 OS/23/02 OS/28/02 06/03/02 06/12/02 06/27/02 07/08/02 07/18/02 09/16/02 09/17/02 09/26/02 129,439.23 2,702.95 2.09% AMOUNT 30.00 45.50 96.00 9.95 25.00 115.00 491.00 200.00 30.00 30.00 70.00 70.00 70.00 770.00 250.00 30.00 156.50 58.00 70.00 84.00 2.00 2,702.95 CK# PAYEE 705 Roberts, Evelyn 1659 Fuentes, Jennifer 993 Binder, Aaron 1011 Foster, Lousie 115 Luina, Xiomara 606 Vititoe, Amanda Marie 599 Danis, Teresa 1012 Moody, Philip 190 Peterson, Kimberly 243 Wright, Rose 516 Boone, Donellar 135 McCoade, Debra 504 Sherman, Elizabeth 194 Thorpe, Natalie 119 Kokaram, Daniel 127 Orelus, Davidson Total Rtn check Write ofts 03/04 Total Return checks 02/03 Total Write ofts 02/03 % of Total RETURNS 02/03 CITY OF BOYNTON BEACH RETURNED CHECKS FOR WRITE OFF 1 0/98 - 9/30/04 NOTICE DATE 10/24/02 10/28/02 01/24/03 01/24/03 02/18/03 03/13/03 03/18/03 04/24/03 05/15/03 05/15/03 05/16/03 07/10/03 07/11/03 08/19/03 09/22/03 09/22/03 340,686.99 936.50 0.27% AMOUNT 128.00 80.00 30.00 45.00 80.00 88.00 30.00 200.00 25.00 25.00 80.00 30.00 30.00 3.50 30.00 32.00 936.50 CK # PAYEE 674 Lester, Aungrel Feld, William 1562 Total Business Management 1079 Evans, Wilhelmena 174 Bolden, Christie 541 Denson, Samuel 1049 Thomas, Barbara 104 Solis, Javier 1227 Fritz, Jessica 1639 MatUDougherty 106 McBean, Roy 117 Sainio, Miriam Total Rtn check Write ofts 03/04 Total Return checks 03/04 Total Write ofts 03/04 % of Total RETURNS 03/04 CITY OF BOYNTON BEACH RETURNED CHECKS FOR WRITE OFF 1 0/98 - 9/30/04 Total Write ofts for Returned checks-Treasurers Fund NOTICE DATE 10/02/03 11/13/03 11/21/03 12/15/03 02/20/04 03/26/04 04/27/04 05/13/04 06/03/04 06/17/04 06/29/04 07/14/04 AMOUNT 12.50 30.00 75.00 45.00 53.00 62.00 110.00 30.00 26.00 30.00 25.00 67.15 79,230.89 565.65 0.71% 565.65 13,778.28 13,778.28 Invoice Number Date Name Description WATER AND SEWER FUND 11089 5/19/2004 Advanced Broadband System Sewer Main repair Total Write offs WaterlSewer Fund TOTAL BILLED 03/04 TOTAL WRITE OFFS 03/04 % OF TOTAL BILLED 3,733.98 2,777.75 74.3911% Amount 2,777.75 2,777.75 2,777.75 Invoice Number Date Name Description Amount BOYNTON BEACH MEMORIAL PARK FUND 2626 9/8/2000 Gateway Monument Marker Fees 35.00 TOTAL WRITE OFFS FISCAL 99/00 35.00 TOTAL BILLED 99/00 46,515.00 TOTAL WRITE OFFS 99/00 35.00 % OF TOTAL BILLED 0.0752% 3937 4/27/2001 Boynton Memorial Chapel Use of Equip/Open/Close 300.00 4086 5/18/2001 Gateway Monument Marker Fees 35.00 TOTAL WRITE OFFS FISCAL 00/01 335.00 TOTAL BILLED 00/01 90,337.50 TOTAL WRITE OFFS 00/01 335.00 % OF TOTAL BILLED 0.3708% 6327 5/17/2002 Larsen, John Use of Equip/Open/Close 430.00 TOTAL WRITE OFFS FISCAL 01/02 430.00 TOTAL BILLED 01/02 165,130.00 TOTAL WRITE OFFS 01/02 430.00 % OF TOTAL BILLED 0.2604% 6565 12/29/2003 Atlantic Funeral Home Lol/Equip/Open/closing 965.00 TOTAL WRITE OFFS FISCAL 03/04 965.00 TOTAL BILLED 03/04 210,995.00 TOTAL WRITE OFFS 03/04 965.00 % OF TOTAL BILLED 0.4574% Total Write offs Memorial Park Fund 1,765.00 1,765.00 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August I, 2005 (Noon) 0 October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon) l:8J September 20, 2005 September 6. 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF l:8J 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 accept the written report to Commission of purchases over $10,000 for the month of August 2005. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City """ Manager". ~:;'i (1 f PROGRAM IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of I.- commodities, services, and personal property. Administrative controls are in place with the development of a spec~:: processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approvecf:&) the:'; '- ::- Department Director, Purchasing Agent, Assistant City Manager, and City Manager. ':;-~ .] I (:J _~ (-c FISCAL IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timelyprocurem~t of?;:: commodities, services, and personal property. Administrative controls are in place with the development of a special !;! processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. ALTERNATIVES: Revert back to the old bid threshold of$10,000.00. Financial Services! Procurement Department Name ~~ S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC !:.... "'..'... "f.Y.OP- .. '\ In ...:l~ o !{j J-. /~<:r '" ]- 0 i;; ,,~ 'if CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED AUGUST 2005 1. Vendor: Direct Office Interiors Requesting Department: Recreation & Parks Purchase Amount: Contact Person: $ 10,986.71 Vicki Robertson Brief Description of Purchase: Replacement of Senior Center Lobby furniture (from donations generated through the STARS Program). Source for Purchase: State Contract Fund Source: 691-5000-590-04-73 Senior Center Donations Purchase Amount: $ 20,381.37 Contact Person: Ray Carter 2. Vendor: Fisher Scientific Requesting Department: Fire Rescue Brief Description of Purchase: 15 sets of Firefighter Protective Clothing (replacements) Source for Purchase: Sole Source Fund Source: 001-2210-522-52-23 Safety Clothinq/Equipment The purchases presented in this written report were approved in accordance with the provisions of Ordinance 001-66, Chapter 2, Section 2.56.1, and are n w being presented to Commission as required. City Manager Approval: ~ q-\O-O \" Date: Presented to Commission for information on September 20,2005 1 of 1 VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetina Turned in to City Clerk's Commission Meetina Dates Turned in to City Clerk's Office Dates Office D August2,2005 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) D September 6, 2005 August 15, 2005 (Noon) D November 1, 2005 October 17, 2005 (Noon) ~ 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 . --J D Bids D Unfinished Business U) -. rtl _.- "~;:J 'I D Announcement D Presentation CT-l I D City Manager's Report ., ~ .';'-- RECOMMENDATION: Staff recommends Commission approval the reimbursement of $20,00~0 to :ihe Boynton Beach Faith Based Community Development Corporation (FBCDC) for land purchase for th~ur~ of building an affordable house. r) () i-" - :'1 C; -.- EXPLANATION: In keeping with the City Affordable Housing strategies, and partnership with local non- profit agencies which include the FBCDC and Habitat for Humanity, enables first time homebuyers to purchase and maintain affordable single family housing. Reimbursing the FBCDC will allow them to build an affordable new single family home without passing this cost on to the purchaser. PROGRAM IMPACT: The City continues to assist first time homebuyers with affordability in keeping in line with today's market and the continuance of attracting moderate income families within the City limits. FISCAL IMPACT: Property taxes would increase on a new home with a taxable value in excess of $150,000 versus vacant residential property with a value of $20,000. ALTERNATIVES: N/A ~ Depa~ture Department of Development Community Improvement Division Department Name S:\Community Improvement\Agenda Requests\2005\CC 9-20-05 FBCDC Reimburse.doc Borrower David Zlm.t Property Address XXXX NW 12th Avenu. City Boynton Bnch County Palm B_ch State FL Legal Description CHERRY HILLS BOYNTON L TS 392 & 393 PCN. 08-43-45-21-14-000-3920 Sale Price $ MIA Date of Sale NIA Loan Term~ yrs. Property Rights Appraised C8J Fee 0 Leasehold 0 De Minimis PUD Actual Real Estate Taxes $ 380.00 (yr) Loan charges to be paid by seller $ Non. Other sales concessions NIA Lender/Client David Z1m.t Address P.O. Box 337. Bo nton B.ach Florida 33425 Occupant Vacant Appraiser Jonathan P. F",nk. Instructions to Appraiser Curr.nt Mark.t Valu.. Census Tract 0081.00 lFiie No. 2501901 Paoe #21 250190 File No. 250190 Map Reference 99 LAND APPRAISAL REPORT Zip Code 3343$ Location Bui" Up Growth Rate Property Values Demand/Supply Marketing TIme Present Land Use Urban Suburban Rural C8J Over 75% D '25% to 75% D Under 25% D Fully Dev, 0 Rapid C8J Steady 0 Slow C8J Increasing D Stable D Declining o Shortage C8J In Balance D Oversupply o Under 3 Mos, C8J 4-6 Mos. DOver 6 Mos. ~% 1 Family ~% 2-4 Family _% Apts. _% Condo --.!!!% Commercial % Industrial % Vacant 5% Vacant Change in Present land Use C8J Not likely -0 likely (*) (*) From To NIA C8J Owner D Tenant ~% Vacant $ 80 to $ 280 Predominant Value $ 140-190 N.w yrs.to~ yrs. Predominant Age 30 'yrs. D Taking Place (*) Employment Stability Convenience to Employment Convenience to Shopping Convenience to Schools Adequacy of Public Transportation Recreational Facilities Adequacy of Utilities Property Compatibility Protection from Detrimental Conditions Police and Fire Protection General Appearance of Properties Appeal to Markel Good Avg. Fair Poor DC8JDD OC8JDD DC8JDD OC8JOD O~DD D~OD O~OD O~OO D~OD D~OD ODC8JO DD~O Predominant Occupancy Single Family Price Range Single Family Age Comments Including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise): Th. sub .ct nel hborhood Is In clos. roxlml to trans ortatlon schools church.s sho In .m 10 m.nt c.nt.... and .nt.rtalnm.nt. Most of the hom.s In the sub ect n.1 hborhood w.ra built from the .arl 1970's throu h the .arl 1980's. The area has above ave", e a eal to the mark.t. New 1m rovem.nts ar. b.ln maile to vacant lots In the nel hborhood. Dimensions SO' x 102' No SUrv.y Provided $,100 Sq. Ft or Acres Comer lot Zoning classiticatlon R2- Multlpl. Family R.sld.nc. District Present Improvements C8J do 0 do not conform to zoning regUlations Highest and best use 0 Present use C8J Other s ecn 1m rove with a new sin I. famll residence Public Other (Describe) OFF SITE IMPROVEMENTS Topo Sand level abv. road C8J Street Access C8J Public 0 Private Size Ave", . for area o Surtace Asphalt Shape Rectan ular C8J Maintenance C8J Public D Private View Residential C8J k8J Storm Sewer k8J Curb/Guller Drainage .ars ad D Underground Elect. & Tel. k8J Sidewalk k8J Streetli hts Is the property locsted In a HUD ldentlfled Special Flood Hazard Area? D No k8J Yes Comments (favorable or unfavorable Including any apparent adverse easements, encroachments, or other adverse condi60ns): No a arent adv.rs. eas.m.nts encroachm.nts or .nvlronmental hazards were observed at the time of the Ins ectlon. Per Eric Johnson @ Bo nton Beach Plannln & Zonln Division states that 2 dwellln s .r (lCrl. can be built. No uads and no trl- I.x.s. Elec, Gas Water San. Sewer The undersigned has recited three recent sales of properties most similar and proximate to subject and has coosidered these in the market analysis. The description includes a dollar ! adjusbnent reflecting market reaction to those items of significant variatioo between the subject and comparable properties. ij a significant item In the comparable property is superior to or more favorable than the subject property. a minus (-j adjusbnent is made thus reducing the indicated value of subject: n a significant item in the comparable is infenor to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. ITEM SUBJECT PROPERlY Address XXXX NW 12th Av.nue Bo ton Beach Proxlml to Su ect Sales PrIce Price Data Source Date of Sale and Time Adjusbnent Location Site lew lot Size le al Official Record Book177741P. .172 Zoniri PricelSF Sales or Financing Concessions Net Ad . otal Indicated Value of Subject Comments on Market Data: All three com thr.. com arabl.s. NIA 20 000 FARESWln2data DESCRIPTION NIA Ave", e R.sld.ntlal 5100 SF +1- Avera . Residential 6 000 SF +1- Ave", . Residential 6 000 SF +1- Avera e R.sldentlal 5 450 SF +1- Book18133/P. .1171 Book16225/P. .1870 Book082881P. .0088 R-2 R-2 $2.58 SF Cash to Seller None Known NIA , I.. I~J, 15 500 20 000 Comments and Conditions of Appraisal: This Is a summary report of the current market value, and Is subJ.ct to,.th.attllch.d assumptions. and IImltln conditions. Th. a rals.rs assume that there are no envlronm.ntal conditions hazardous mat.rlals or soli conditions that would revent d.v.lo m.nt. Th. sub ect has not listed for sal. In the local MLS ov.r the ast 36 months. March 15 2005 to be $ 20 000 Rnal Reconciliation: The Sales Com arlson roach to valu. Is the most r.llabl. wh.n valuln resld.ntlal vacant land of this . It has received most of the w.1 ht. The Incom. A roach to value was not consld.red due to the lack of rental data as a result of redomlnate own.., occu anc . I ESnMAn THE ~~~~. ~JECT PROPERTY AS OF .Jonathan P. ~~g.Traln...RI7876 A raiser s !K] D Did k8J Did Not Physically Inspect Property Anderson & Carr, Inc. Form lND - "TOTAL for Windows' appraisal software by a la mode, inc, - 1-800-AlAMODE , ~ ". ....... I SS' , "I I, r " ISS s,- ..:. ~ 'O:!r- -ip C(')-= 06"7' I ... ..... 1~~7~ .~ NW Sr -:.,..1 " ;, Ii ,..$ .. .. .. .. .. . 13th V ..."j7' sr II $'5' 56 . c;, ~>' $'-- '" · 4f' ~, c.1 ., (I ~7- 54 ) .. ,- ,. .. II 'So'l 1..' .. .. ., .. .. , I J ~ ' .is ... .~ .. . l'() 0 ~ ~ ~ It 0 0 -. ; .... N ... ~ ~ t'" ,-0; ~ IW't ... ~ /29' ... 7~ . f~' .... ..... - IS' ., q , ..- 0;;;; d" l~i~ I' #1 I ! ~ ~t~ ,... .. ~. I~ ~ S " ...... f'I ! 0 0 f8 (~ ~' ~~ 10 ~. ~ oct ! If t .. " .. " " .' I' oo .. " n ,. .. .. .. .. ,. .. .. oo .- I' .. . .. .. .. .' t' oo .- .. .0 NW I 12th rtt 1J .. " " a. .. .. .. .. .. " ., ., .. ., '. .. .. t, .. " .. .. .. " .. .. " I_ z.' .. .. .. ,f .. $: ; " ~ . ... f"" dJ. ! ". (I'r4 ,n .. n ,....,! ~ - ~ - .9 ( '\ t f E :1 R If ~ ~ I i II - ~ -,. 1()f6 8 0 II 9 to ri1~ I~ /) f(l .. ,. " ,. 00 .. .. .. o. n .. '. .. .. " .. .. 'I .. ,. .. .. " .. a. .. .. .. . aI .0$ .. .. .. .. ., - NW I I th 0 Vlo 1.S' .. ., .. .. .. .' .t " .. .. .. .. .. ,. ,. .. u .. " .. .. .. .. o. .. ,. " " .. 10.. ai .. " .. ,. .. cr't- 7.1 <1' 0 ,. ~; (/\ 0 g ..n ! toW ~ ~-, -\.~~/\" ( ~(~~ ' - Contract For Sale And Purchase -I r I I . ~~f_:::'- ~.- 1* 2* 3 4 5 6" 7* 8" 9* 1 11 12* 13* 14* 15* ("Seller") , I Items of Personal Property (;and leased I items, if any) excluded are: PURCHASE PRICE (U.S. currency:. ~ . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . :. . . . . . . . . . . . . . . . . . . , . . . . . , $ PAYMENT: t..evl~ '~~+ taJ,k'er (a) Deposit held in escrow by r +- (Escrow Agent) in the amount of (checks subject to clearance) $ (b) Additional escrow deposit to be made t Escro~.Agent within _ days after Effective Date (see Paragraph III) in the amount of. . . . . . . .'. . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , , . , . . ., . . . . . . . . . . . . . . . . . . . . . . . $ te) FlIlancing (see Paragraph IV) in the amo~nt of . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . , . . $ (eI) Other. . . . . . . . . . . . . . . . . . . . . . . . . . 'I' " . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . $ ~~=~~sc:s~~~~::,.~~~.t~~f~~~r.L.~~~.~~~~~~~~~~.or.~~~~.~~.~~~..~~~j~~..,.... ....,..... $ 2.2/000 TIME FOR ACCEPTANCE OF OFFE'l AND COUNTEROFFERS; EFFECTIVE DATE: (a) If this er is not execUted by and ~elivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before A/' c.,J, 0 I . the deposit(s) will, at Buyer's option" be retumed and this offer withdrawn. UNLESS OTH- ERWISE STATED, THE ME FOR A CEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THE COUN- TEROFFERIS DEUVERED. ,I (b) The date of Contract ("Effective Datf) will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the final counteroffer. If such date is not otperwise set forth in this Contract, then the "Effective Date" shall be the date determined above for acceptance of this offer or, if apPliCablj'the final counteroffer. ' IV. FINANCING: ~a) This is a cash transaction with nolcontingencies for financing; . . ~~b) ThisContract is contingent on 8uyer obtaining approval of a loan ("Loan Approval") within ~ days (rf blank. then 30 days) after Effective Date. ("Loan Ap. ,proval Date") f~r (CHECK ONLY O. NE): Q a fixed; Q an adjustable; or Q. a fixed or adjustable rate. loan, in the prin- ci~aJ amount of $ . , at Ian initial interept late not to exceed %, 'discount and origination fees not to exceed On % of principal amount, and~r aterm of ~ years. Buyer will make application within ~ days (rfblank, then 5 days) after Effective Date. Buyer. shall Jse reaser ,Ie, diligence !o: obtain" Loan Approval and rotifySeller in writing of Loan Approval by Loan Approval Date; satisfy temi~ and con itions of the, LO. an Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shall not be ed Loan Approval for purposes of this subparagraph. Buyer shall pay aJlloan expenses. If Buyer does not deliver written notice to Seller y Loan Approval Date stating Buyer haS either obtained Loan Approval or waived this financing con- tingency, then either party may cancelt Contract by delivering written notice ("CanceUation Notice") to the other, not later than seven (7) days prior to Closing. Seller's Cance/la' n Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this financing contingency. If Buyer has us due diligence and has not obtained Loan Approval before cancellation as provided above, Buyer shall be refunded the deposit(s). Unles~ this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by Closing. of those conditions of LoanlApproval related to the Property; Q (e) Assumption of existing mortgage (see rider for terms); or Q (d) Purchase money note and mortgage to Seller (see Standards Band K and riders; addenda; or special clauses for terms). I 50" V. TITLE EVIDENCE: At least_ days (If blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments 51 listed as exceptions attached thereto ("Title ~ommitment.) and, after Closing, an owner's policy of title insurance (see Standard A for terms) shaJl 5200 obtained by: i 53* (CHECK ONLY ONE): a (1) Seller, at $eller's expense and delivered to Buyer or Buyer's attorney; or 54* )((2) Buyer at $uyer'sexpense. 55* (CHECK HERE): 0 If an abstract of title is to be furnished instead of title insurance, and attach rider for terms. I 56* VI. CLOSING DATE: This transaction shall ~e closed and the closing documents delivered on ("Closing"), unless 57 modified by other provisions of this Contracllf Buyer is unable to obtain Haz~, Wind, Rood, or Homeowners' insurance at a reasonable rate 58 due to extreme weather conditions, Buyer may delay Closing for up to 5 day~fter swch coverage becomes available. 59 VII. RESTR!CTlONS; EA.SEMENTS; L1MrTrATIONS: Seller shall convey mar11;et>3ble title ~uhjAC:t to: r.omprehensive land use plans, zoning, 60 restrictions, prohibitions and other reqUirem~nts imposed by governmental authority; restrictions and matters .appearing on the plat or otherwise I FARlBAR-7s Rev. 7/04 il:) 2004 Florida ASsociation of REALTORS" and The Florida Bar All Riahts Reserved Page 1 of 4 16* II. 17 18" 19* 20* 21* 22- 23 24* 25 III. 26 27" 28 29 30 31 32 33 34* 35* 36* 37* 38* 39 40 41 42 43 44 45 46 47 48* 49* 2J~c /O~ ,H::J&;-; - 01.~ b c ?i ..<jf"/ hi - ,4< /common to th~ subdivision; outstanding oil, g,as and mineral rights of rElcord without right of entry; unplatted public utility easements of record -'~ Qocated contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side 2763 lines); 1axes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (If additional items, see , 64 addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for 65* purpose(s). 66 VIII. OCCUPANCY: Seller shall deliveroCC(ylpancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended 67 to be rented or occupied beyond Closing, the mstand terms thereof and the tenarlt(s) or occupants shall be disclosed pursuant to Standard F. 68 If occupancy is to be delivered before Closi~g, Buyer assumes aU risks of loss to Property from date of occupancy, shall be responsible and liable 69 for maintenance from that date, and shall ~ deemed to have accepted Property in its existing condition as of time of taking occupancy. 70 IX. TYPEWRITTEN OR HANQWRITTEN Il'ROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro- 71 visions of this Contract in conflict with ther!l' 72- X. ASSIGNABIUTY: (CHECK ONLY ONB): Buyer 0 may assign and thereby be released from any further liability under this Contract; Q may 73* assign but not be released from liability und~r this Contract; or 0 may not assign this Contract. 74 XI. DISCLOSURES: i 75* (a) Q CHECK HERE if the Property ~SUbject to a special assessment lien imposed by a public body payable i'1 installments which 76- continue beyond ClOSIng and, if so, s~ify who shall pay amounts due after ClOSing. Q Seller Q Buyer Q Other (see addendum). 77 (b) Radon is a naturally occurring rad, iO~lctjve gas that when accu mula te. d in a building in sufficient quantities may preslJl1t health risks to per- 78 sons who are exposed to it over time Levels of radon tha~ exceed federal and state guidelines have been found in buildings in Rorida. 79 Additional information regarding radon radon testing may be obtained from your County Public Health unit. 80 (c) Mold is naturally occurring and ma cause health risks or damage to property. If Buyer is concemed or desires additional information 81 regarding mold, Buyer should contact an appropriate professional. 82 (d). Buyer acknowledges recei.Pt of theilorid a Ene. rgy-Efficiancy Rating Information Brochure required by Section 553.996, F.S. 83 (e) ./fthe real property includes pre-197 residential housing then a lead-based paint rider is mandatory. 84 (f) If Seller is a "foreign person" as defi d by the Foreign Investment in Real Property, Tax Act, the parties shall comply with that Act. 85 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- 86 TION/COMMUNITY DISCLOSURE. I 87 (h) PROPERTY TAX DISCLOSURE SUMtv\ARY: OOYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES PS THE AMOUNT 88 OF PROPERTY TAXES THAT THE BUYE~'MAY BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER- 89 SHIP OR PROPERTY IMPROVEMENTS ~IGGERS REASSESSMENTS OF THE PROPERlY THAT COULD RESULT IN HIGHER PROPERTY TAXES. 90 IF YOU HAVE ANY QUESTIONS CONCE NING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFACE FOR INFORMATION. 91 XII. MAXlMU~M~OSTS: Seller sh I not be responsible for payments in excess of: 92* (a) $ "f;. for treatmJnt and repair under Standard D (If blank, then 1.5%, of the Purchase. Price). 93* (b) $ . for repair rl d replacement under Standard N not caused by Wood Destroying Organisms. (if blank, then 1 :5% 94 ofthe Purc e PICe). '. '. A J ~/ 95*, XIII. HOME WARRANTY: Q Seller 0 Buyrr 0 N/A will pay for a home warranty plan issued by /V / 4- 96* at a cost not to exceed $. / 97 XlV. RIDERS; ADDENDA; SPECIAL CLAU~ES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 98- 0 CONDOMINIUM OVAlFHA 0 HOMEOWNERS' ASSN. Q LEAD-BASED PAINT Q COASTAL CONSTRUCTION CONTROL UNE 99* Q INSULATION C)"AS IS" Q Otherlcomprehensive Rider Provisions Q Addenda ., 100* Special Clause(s): I. . 101. i' , 102* 103- 115* 116 (BUYER) 104 XV. STANDARDS FOR REAL ESTATE NSACTIONS ("Standards"); Buyer and Seller acknowledge receipt of a copy of Standards A 105 th~ugh Y on the reY7rse ~id~ or:p~l'1ed~ ,,'9.':1i~.inCOrfx:!@t~~.par:tof,this Coljltract 106' . .'THIS1SlffTENDEo O'BEA LE~' !:3lr!iJ~I"'G .C()NT~q:T.If-NOT;FULLY UNDERSTOOD, 107 SK THE ADVICe OF AN ATTORNEY PRIOR TO SIGNING. 108 THIS FORM HAS BEEN OveD BY THE FLORIDA ASSOCIATION OF REALTORS- AND THE FLORIDA BAR. 109 Approval does not constitute an opin' that any of the terms and conditions in 'this Contract should be accepted by the parties in a 110 particular transaction. Terms and co jtions should be negotiated based upon the respective interests, Objectives and bargaining 111 positions of all interested persons. 112 ~RISK(") FOLLOWING..A UNE ~UMBEIi INlH~ ~GltltjNlf'fATES THE UN; 90NTAIN..Stf~K TO BE COM. PLETED. 113*A ~ ~ r J./~&r ~ tl~ ~ 114 (BUYER) l (DATE), (SELLER) (DATE) I J- i I i I i f (DATE) (SELLER) (DATE) 11 7* Buyers' address for purposes of notice 118* Sellers' address for purposes of notice 11 g* Phone Phone 120 BROKERS: The brokers Qncluding coopera*ng brokers, if any) named below are the only brokers entitled to compensation in connection with 121 this Contract: I ..17 122* Name: i Cooperating Brokers, if any Listing ,Broker 123 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM I. 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) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17, 2005 (Noon) [8J September 20, 2005 September 6, 2005 (Noon) D November 15,2005 October 31, 2005 (Noon) D Administrative D Development Plans ',) 1 , , [8J D .' NATURE OF Consent Agenda New Business " AGENDA ITEM D Public Hearing D Legal hJ ~ .. -- D Bids D Unfmished Business 1 ---4 "-:::; D Announcement D Presentation ("'-I ..'.- ';";::1 D City Manager's Report :::-"q , -, 1'1 (::, RECOMMENDATION: To approve a revised investment policy for all City of Boynton Beach Funds except pension funds or funds related to the issuance of debt. EXPLANATION: The management letter issued by the City's audit finn, Caler, Donten, Levine, Druker, Porter & Veil, as part of the City's 2003/04 annual financial report, indicated that the City's current investment policy has not been revised since it was originally established seven year ago and does not address all required elements in Florida Statute 218.415. Therefore, the auditors recommended that the existing policy be amended to encompass all necessary elements of the statute. The revised policy was developed by utilizing excerpts from the City's current policy as well as the investment policies of the Cities of Delray Beach, Boca Raton, Melbourne and Pembroke Pines, and the Town of Palm Beach. PROGRAM IMP ACT: The revised investment policy has been reviewed by our audit firm and will fully comply with the provisions of Florida Statute 218.415. nSCALIMPACT: NONE ALTERNATIVES: NONE J2~.~ City Manager's Signature Financial Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC THE CITY OF BOYNTON BEACH INVESTMENT POLICY I. PURPOSE The purpose of this policy is to set forth the investment objectives and parameters for the management of public funds of the City of Boynton Beach, Florida (hereinafter "City"). These policies are designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed and a competitive investment return. II. SCOPE This investment policy applies to the investment of public funds in excess of amounts needed to meet current expenses, which includes cash and investment balances of the following funds: ~ General Fund ~ Special Revenue Funds ~ Capital Project Funds ~ Enterprise Funds ~ Internal Service Funds ~ Debt Service Funds ~ Any new fund created by the governing body, unless specifically exempt. This policy does not apply to the City's pension funds or funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. III. OBJECTIVES The following objective will be applied in the management of the City's funds: A. Safety The primary objective of the City's investment program is the protection of public funds. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 1. Credit Risk - The City will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: a) Limiting investments to the safest type of securities b) Pre-qualifying the financial institution, broker/dealer, intermediaries, and advisors with which the City will do business c) Diversifying the investment portfolio so that potential losses on individual securities will be minimized 2. Interest Rate Risk - The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: a) Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity b) Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools B. Liquidity The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets. A portion of the portfolio also may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds. C. Yield The City's investment portfolio shall be designed with the intent of attaining a market rate of return throughout the budgetary and economic cycles, taking into account the City's investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. IV. STANDARDS OF CARE A. Prudence The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. The investment officer and staff, acting in accordance with the written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes. provided that these deviations are reported immediately and that appropriate action is taken to control adverse developments. B. Ethics and Conflicts of Interest The City's staff involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. All employees involved in the investment process shall disclose to the City any material financial interests in financial institutions that conduct business with the City, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the City's investment program. 2 C. Delegation of Authority The Director of Financial Services is designated as investment officer of the City and is responsible for investment decisions and the day-to-day administration of the cash management program. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures so established. The City may appoint an outside investment manager as "Agent" for the City's cash reserves. The "Agent" for the City shall have discretion over the purchase and sale of securities within this investment policy. Such investment manager must be registered under the Investment Advisor Act of 1940. Positions authorized as investment signatories are City Manager, Director of Financial Services and the Assistant Director of Financial Services. V. SAFEKEEPING AND CUSTODY A. Authorized Financial Dealer and Institution The City shall only purchase investments from the State Board of Administration, Florida Municipal Investment Trust, financial institutions which are qualified as public depositories by the Treasurer of the State of Florida, primary security dealers (or their agents) as designated by the Federal Reserve Bank of New York, or by secondary securities dealers (or their agents) who act as investment banking arms of local qualified banking institutions. All financial institutions and broker/dealers who desire to provide investment services must supply the following as appropriate and as requested: 1. Annual audited financial statements 2. Public depository certification 3. Proof of National Association of Securities Dealer (NASD) Certification 4. Certification of having read the City's investment policy 5. Credit rating provided by a nationally recognized monitoring agency B. Internal Controls The Director of Financial Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected form loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Director of Financial Services shall establish a process for an annual independent review as part of the annual financial audit to assure compliance with the policies and procedures. The internal controls shall address the following points: 1. Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 3 2. Separation of transaction authority from accounting and record keeping _ By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping - All securities, with the exception of certificates of deposit, shall be held with a third party custodian; and all securities purchased by, and all collateral obtained by the City should be properly designated as an asset of the City. The securities must be held in an account separate and apart from the assets of the financial institution. No withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Director of Financial Services as authorized herein, or by his respective designee. Certificates of Deposit issued by a local bank or savings and loan association may be held in safekeeping at that institution. The institution shall issue a copy of the certificate of deposit, a safekeeping receipt, or some other confirmation of the purchase that is satisfactory to the Director of Financial Services. This will be kept on file in the Financial Services Department and will indicate the amount, interest rate, issue date and maturity date of the certificate of deposit. 4. Avoidance of physical delivery securities - Book entry securities are much easier to transfer and account for since actual delivery is never taken. Physical delivery securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 5. Clear delegation of authority to subordinate staff members - Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. 6. Written confirmation of telephone transactions for investments and wire transactions - Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by appropriate personnel unless an agreement is executed with a financial institution as discussed in paragraph B. 7 below. 7. Development of a wire transfer agreement with a bank or third party custodian _ This agreement should outline the various controls and security provisions for making and receiving wire transfers. C. Delivery vs. Payment All trades where applicable will be executed by delivery versus payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by a third-party custodian as evidenced by safekeeping receipts. D. Bid Requirements Investments will be chosen based on liquidity needs and market conditions. The investments will be competitively bid when feasible and appropriate. Except as required by law, the bid deemed to best meet the investment objectives must be selected. 4 VI. AUTHORIZED INVESTMENTS The following investments will be permitted by this policy and those defined by Florida State law. Those investments not listed in this section are prohibited. A. United States Government Securities 1. Negotiable direct obligations or obligations the principal and interest of which are unconditionally guaranteed by the United States Government. Such securities will include, but not be limited to the following: ~ Treasury Bills ~ Treasury Notes ~ Treasury Bonds ~ Treasury Strips ~ Treasury Securities - State and Local Government Series ("SLGS") B. United States Government Agencies 1. Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and interest by the United States Governments agencies, provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to the following: ~ United States Export - Import Bank - Direct obligations or fully guaranteed certificates of beneficial ownership ~ Farmer Home Administration - Certificates of beneficial ownership ~ Federal Financing Bank - Discount notes, notes and bonds ~ Federal Housing Administration Debentures ~ Government National Mortgage Association (GNMA) - GNMA guaranteed mortgage-backed bonds - GNMA guaranteed pass-through obligations ~ General Services Administration ~ New Communities Debentures - United States Government guaranteed debentures ~ United States Public Housing Notes and Bonds - United States Government guaranteed public housing notes and bonds ~ United States Department of Housing and Urban Development - Project notes and local authority bonds C. United States Government sponsored agencies 1. Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and interest by United States Government sponsored agencies which are non-full faith credit agencies limited to the following: ~ Federal Farm Credit Bank (FFCB) ~ Federal Home Loan Bank or its City Banks (FHLB) ~ Federal National Mortgage Association (FNMA) ~ Federal Home Loan Mortgage Corporation (Freddie-Macs) including Federal- Home Loan Mortgage Corporation participation certificates. 5 D. Interest Bearing Time Deposit or Savings Account 1. Non-negotiable interest bearing time certificates of deposit or savings accounts in banks organized under the laws of Florida or the United States provided that such deposits are secured by collateral as prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. E. Repurchase Agreements 1. Invest in repurchase agreements composed of only those investments based on the requirements set forth by the City's Master Repurchase Agreement. All firms are required to sign the Master Repurchase Agreement prior to the execution of a repurchase agreement transaction. 2. Collateralized by full faith or general faith and credit obligations of the United States Government or United States Government Agency securities. F. The Florida Local Government Surplus Funds Trust Fund (State Board of Administration - SBA) G. Florida Municipal Investment Trust (Florida League of Cities) H. Money Market Mutual Funds 1. Registered with the Securities and Exchange Commission with the highest credit quality rating from a nationally recognized rating agency; portfolio is limited to direct obligations of the United States Government or any agency or instrumentality thereof. I. Commercial Paper 1. Commercial paper of any United States company that is rated "Prime-f' by Moody's and "A-1" by Standard & Poor's (prime commercial paper). If the commercial paper is backed by a letter of credit ("LOC"), the long-term debt of the LOC provider must be rated "A" or better by at least two nationally recognized rating agencies. J. Corporate Notes 1. Corporate notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States that have a long term debt rating, at the time or purchase, at a minimum "Aa" by Moody's and a minimum long term debt rating of "AA" by Standard & Poor's. K. Tax-Exempt Municipal Bonds 1. State and/or local government taxable and/or tax-exempt debt, general obligation and/or revenue bonds, rated at least "Aa" by Moody's and "M" by Standard & Poor's for long-term debt, or rated at least "MIG-2" by Moody's and "SP-2" by Standard & Poor's for short-term debt. 6 VII. INVESTMENT PARAMETERS A. Diversification The investments shall be diversified by: 1. Limiting investments to avoid over concentration in securities from a specific business sector or specified issuer 2. Limiting investment in securities that have higher credit risks 3. Investing in securities with varying maturities 4. Continuously investing a portion of the portfolio in readily available funds such as local government investment pools or money market funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations B. Maximum Maturities To the extent possible the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched with a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase. Average life will be used as the maturity for mortgage-backed securities and the intergovernmental pool investments. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as Local Government Investment Pools, or money market funds to ensure that appropriate liquidity is maintained to meet ongoing obligations. C. Portfolio Composition The portfolio shall be designed to provide a balance of short-term and medium-term maturities designed to meet the liquidity of the City. Therefore, the following parameters will apply: 1. On any given date, at least 60% of the portfolio shall mature within one year. 2. On any given date, not more than 10% of the portfolio shall mature beyond five (5) years. 3. No security purchased may have a maturity of greater than ten (10) years. 4. A maximum of 50% of the portfolio may be invested and held by anyone bank. 5. A maximum of 50% of the portfolio may be invested with anyone intergovernmental investment pool (Le., State Board of Administration or Florida Municipal Investment Trust) at any time. 6. A maximum of 25% of the portfolio may be invested in commercial paper and corporate notes, of which a maximum of 5% may be invested with anyone issuer. VIII. PERFORMANCE BENCHMARK The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates while insuring sufficient liquidity within the portfolio. The performance of the portfolio will be measured against the Florida State Board of Administration and the benchmarks utilized by the Florida League of Cities. 7 IX. PROHIBITIONS The purchase of derivative instruments as defined by the Government Account Standards Board (GASB) or any investment instrument which is structured to derive a rate of return from an investment source other than the originally purchased investment is strictly prohibited. X. REPORTING The Director of Financial Services shall provide a quarterly investment report to the City Manager, which will then be forwarded to the City Commission. The report shall list investments by fund and type and include the book value, income earned, and market value as of the report date. XI. CONTINUING EDUCATION The Director of Financial Services and Assistant Director of Financial Services and appropriate staff shall annually complete eight (8) hours of continuing education in subjects or courses of study related to investment practices and products. XII. INVESTMENT POLICY REVIEW The Director of Financial Services shall review the policy on an annual basis. Any recommended changes to this policy must be approved by the City Commission. 8 St.atutes & Constitution: View Statutes :->2005->Ch0218->Section 415 : Online Sunshine Page 1 of 6 Select Year: 2005 I Go I The 2005 Florida Statutes Title XIV TAXATION AND FINANCE Chapter 218 FINANCIAL MATTERS PERTAINING TO POLITICAL SUBDIVISIONS View Entire Chapter 218.415 Local government investment policies.--Investment activity by a unit of local government must be consistent with a written investment plan adopted by the governing body, or in the absence of the existence of a governing body, the respective principal officer of the unit of local government and maintained by the unit of local government or, in the alternative, such activity must be conducted in accordance with subsection (17). Any such unit of local government shall have an investment policy for any public funds in excess of the amounts needed to meet current expenses as provided in subsections (1 )-(16), or shall meet the alternative investment guidelines contained in subsection (17). Such policies shall be structured to place the highest priority on the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. Each unit of local government shall adopt policies that are commensurate with the nature and size of the public funds within its custody. (1) SCOPE. -. The investment policy shall apply to funds under the control of the unit of local government in excess of those required to meet current expenses. The investment policy shall not apply to pension funds, including those funds in chapters 175 and 185, or funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. (2) INVESTMENT OBJECTIVES. -- The investment policy shall describe the investment objectives of the unit of local government. Investment objectives shall include safety of capital, liquidity of funds, and investment income, in that order. (3) PERFORMANCE MEASUREMENT.--The investment policy shall specify performance measures as are appropriate for the nature and size of the public funds within the custody of the unit of local government. (4) PRUDENCE AND ETHICAL STANDARDS.--The investment policy shall describe the level of prudence and ethical standards to be followed by the unit of local government in carrying out its investment activities with respect to funds described in this section. The unit of local government shall adopt the Prudent Person Rule, which states that: "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." (5) LISTING OF AUTHORIZED INVESTMENTS.--The investment policy shall list investments authorized by http://www.leg.state.f1.us/Statutes/index.cfm ? App _ mode=Disp1ay _ Statute&Search_ String=... 9/1/2005 Statutes & Constitution :View Statutes :->2005->Ch0218->Section 415 : Online Sunshine Page 20[6 the governing body of the unit of local government, subject to the provisions of subsection (16). Investments not listed in the investment policy are prohibited. If the policy authorizes investments in derivative products, the policy must require that the unit of local government's officials responsible for making investment decisions or chief financial officer have developed sufficient understanding of the derivative products and have the expertise to manage them. For purposes of this subsection, a "derivative" is defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values. If the policy authorizes investments in reverse repurchase agreements or other forms of leverage, the policy must limit the investments to transactions in which the proceeds are intended to provide liquidity and for which the unit of local government has sufficient resources and expertise. (6) MATURITY AND LIQUIDITY REQUIREMENTS.--The investment policy shall require that the investment portfolio is structured in such manner as to provide sufficient liquidity to pay obligations as they come due. To that end, the investment policy should direct that, to the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash-flow requirements. (7) PORTFOLIO COMPOSITION.--The investment policy shall establish guidelines for investments and limits on security issues, issuers, and maturities. Such guidelines shall be commensurate with the nature and size of the public funds within the custody of the unit of local government. (8) RISK AND DIVERSIFICATION.--The investment policy shall provide for appropriate diversification of the investment portfolio. Investments held should be diversified to the extent practicable to control the risk of loss resulting from overconcentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which financial instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically, as deemed necessary by the appropriate management staff. (9) AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS. -- The investment policy should specify the authorized securities dealers, issuers, and banks from whom the unit of local government may purchase securities. (10) THIRD-PARTY CUSTODIAL AGREEMENTS.--The investment policy shall provide appropriate arrangements for the holding of assets of the unit of local government. Securities should be held with a third party; and all securities purchased by, and all collateral obtained by, the unit of local government should be properly designated as an asset of the unit of local government. No withdrawal of securities, in whole or in part, shall be made from safekeeping, except by an authorized staff member of the unit of local government. Securities transactions between a broker-dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. (11) MASTER REPURCHASE AGREEMENT.-- The investment policy shall require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the http://www.1eg.state.fl.us/Statutes/index.cfin? App _ mode=Disp1ay _ Statute&Search _String=... 9/1/2005 Statutes & Constitution :View Statutes :->2005->Ch021 8->Section 415 : Online Sunshine Page 3 of6 Master Repurchase Agreement. (12) BID REQUIREMENT.--The investment policy shall require that the unit of local government's staff determine the approximate maturity date based on cash-flow needs and market conditions, analyze and select one or more optimal types of investment, and competitively bid the security in question when feasible and appropriate. Except as otherwise required by law, the bid deemed to best meet the investment objectives specified in subsection (2) must be selected. (13) INTERNAL CONTROLS. -- The investment policy shall provide for a system of internal controls and operational procedures. The unit of local government's officials responsible for making investment decisions or chief financial officer shall establish a system of internal controls which shall be in writing and made a part of the governmental entity's operational procedures. The investment policy shall provide for review of such controls by independent auditors as part of any financial audit periodically required of the unit of local government. The internal controls should be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees of the unit of local government. (14) CONTINUING EDUCATION.--The investment policy shall provide for the continuing education of the unit of local government's officials responsible for making investment decisions or chief financial officer. Such officials must annually complete 8 hours of continuing education in subjects or courses of study related to investment practices and products. (15) REPORTING.-- The investment policy shall provide for appropriate annual or more frequent reporting of investment activities. To that end, the governmental entity's officials responsible for making investment decisions or chief financial officer shall prepare periodic reports for submission to the legislative and governing body of the unit of local government, which shall include securities in the portfolio by class or type, book value, income earned, and market value as of the report date. Such reports shall be available to the public. (16) AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT POLlCIES.--Those units of local government electing to adopt a written investment policy as provided in subsections (1 )-(15) may by resolution invest and reinvest any surplus public funds in their control or possession in: (a) The Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01. (b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. (c) Interest-bearing time deposits or savings accounts in qualified public depositories as defined in s. 280.02. (d) Direct obligations of the United States Treasury. http://www.1eg.state.f1.us/Statutes/index.cfm?App _ mode=Display _ Statute&Search _ String=... 91112005 Statutes & Constitution: View Statutes :->2005->Ch0218->Section 415 : Online Sunshine Page 4 of 6 (e) Federal agencies and instrumentalities. (f) Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.c. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. (g) Other investments authorized by law or by ordinance for a county or a municipality. (h) Other investments authorized by law or by resolution for a school district or a special district. (17) AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT POLlCY.--Those units of local government electing not to adopt a written investment policy in accordance with investment policies developed as provided in subsections (1 )-(15) may invest or reinvest any surplus public funds in their control or possession in: (a) The Local Government Surplus Funds Trust Fund, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, as provided in s. 163.01. (b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. (c) Interest-bearing time deposits or savings accounts in qualified public depositories, as defined in s. 280.02. (d) Direct obligations of the U.S. Treasury. The securities listed in paragraphs (c) and (d) shall be invested to provide sufficient liquidity to pay obligations as they come due. (18) SECURITIES; DISPOSITION.-- (a) Every security purchased under this section on behalf of the governing body of a unit of local government must be properly earmarked and: 1. If registered with the issuer or its agents, must be immediately placed for safekeeping in a location that protects the governing body's interest in the security; 2. If in book entry form, must be held for the credit of the governing body by a depository chartered by the Federal Government, the state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658..12, or by a national association http://www.leg.state.fl.us/Statutes/index.cfin?App _ mode=Display _ Statute&Search _ String=... 9/1/2005 Statutes & Constitution :View Statutes :->2005->Ch021 8->Section 415 : Online Sunshine Page 5 of6 organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state, and must be kept by the depository in an account separate and apart from the assets of the financial institution; or 3. If physically issued to the holder but not registered with the issuer or its agents, must be immediately placed for safekeeping in a secured vault. (b) The unit of local government's governing body may also receive bank trust receipts in return for investment of surplus funds in securities. Any trust receipts received must enumerate the various securities held, together with the specific number of each security held. The actual securities on which the trust receipts are issued may be held by any bank depository chartered by the Federal Government, this state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. .6.5.8J2, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state. (19) SALE OF SECURITIES.--When the invested funds are needed in whole or in part for the purposes originally intended or for more optimal investments, the unit of local government's governing body may sell such investments at the then-prevailing market price and place the proceeds into the proper account or fund of the unit of local government. (20) PREEXISTING CONTRACT.--Any public funds subject to a contract or agreement existing on October 1, 2000, may not be invested contrary to such contract or agreement. (21) PREEMPTION.--Any provision of any special act, municipal charter, or other law which prohibits or restricts a local governmental entity from complying with this section or any rules adopted under this section is void to the extent of the conflict. (22) AUDITS. --Certified public accountants conducting audits of units of local government pursuant to s. 21.B....3.2 shall report, as part of the audit, whether or not the unit of local government has complied with this section. (23) AUTHORIZED DEPOSITS.--In addition to the investments authorized for local governments in subsections (16) and (17) and notwithstanding any other provisions of law, a unit of local government may deposit any portion of surplus public funds in its control or possession in accordance with the following conditions: (a) The funds are initially deposited in a qualified public depository, as defined in s. 280.02, selected by the unit of local government. (b) The selected depository arranges for the deposit of the funds in certificates of deposit in one or more federally insured banks or savings and loan associations, wherever located, for the account of the unit of local government. http://www.leg.state.fl.us/Statutes/index.cfm? App _ mode=Display _ Statute&Search _ String=... 9/1/2005 . Statutes & Constitution: View Statutes :->2005->Ch0218->Section 415 : Online Sunshine Page 6 of 6 (c) The full amount of principal and accrued interest of each such certificate of deposit is insured by the Federal Deposit Insurance Corporation. (d) The selected depository acts as custodian for the unit of local government with respect to such certificates of deposit issued for its account. (e) At the same time the unit of local government's funds are deposited and the certificates of deposit are issued, the selected depository receives an amount of deposits from customers of other federally insured financial institutions, wherever located, equal to or greater than the amount of the funds initially invested by the unit of local government through the selected depository. History.--s. 1, ch. 95-194; s. 2, ch. 97-9; s. 3, ch. 2000-264; ss. 66,141, ch. 2001-266; s. 2, ch. 2005- 126. Copyright <9 1995-2005 The Florida Legislature. Privacy Statement. Contact Us http://www.leg.state.fl.us/Statutes/index.cfin ? App _ mode=Disp1ay _ Statute&Search_ String=... 9/1/2005 C uRR ~A1T CITY OF BOYNTON BEACH INVESTMENT POLICY STATEME~. I~ This investment policy applies to all financial assets held or controlled by the City other than pension fund assets when held by a third party custodian and/or money manager. II INVESTMENT OBJECTIVES The following investment objectives will be applied in the management of the City's funds. 1. The primary objective of the City of Boynton Beach investment activities is the preservation of capital and the protection of investment principal. 2. In investing public funds, the City will strive to maximize the return on the portfolio but will void assuming unreasonable investment risk. 3. The City's investment portfolio and/or portfolio strategy will provide sufficient liquidity to meet projected operating and capital requirements to orderly conduct of the City's business affairs. management the Ci ty' s insure the 4. The City shall diversify its investments to avoid incurring unreasonable risks regarding specific security types and/or individual financial institutions. III INVESTMENT PERFORMANCE AND REPORTING Performance of the portfolio shall be reported monthly and submitted to the City Manager. Reports shall include details of the characteristics of the portfolio as well as its performance for that period. Material deviations from projected investment strategies shall be reported immediately to the Finance Director and City Manager. IV AUTHORIZED INSTRUMENTS The Director of Finance may purchase/sell investment securities, at prevailing market rates, an appropriate amount thereof in: 1. The Local Government Surplus Funds Trust Funds. 2. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States Government and its agencies. 3. Repurchase agreements comprised of only those investments instruments as otherwise authorized herein. 4. Obligations of the Federal Farm Credit Banks, Federal Horne Loan Bank or its district banks, Federal National Mortgage Association, Federal Horne Loan Mortgage Corporation, including Federal Horne Loan Mortgage Corporation, including Federal Horne Loan Mortgage Corporation participation certificates, Student City of Boynton Beach Inveslmenl Policy Loan Marketing Associations, or obligations guaranteed by t~e Government National Mortgage Association. 5. Interest bearing time deposits or savings accounts in banks organized under the laws of this state, in national banks organized under the laws of the United States and doing business and situated in this state, in savings and loan associations which are under state supervision, or in federal savings and loan associations located in this state and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law. 6. The Florida Counties Investment Trust. 7. Short term obligations of corporations organized in the United States with assets exceeding $500,000,000 if (a) such obI igations are rated at the time of purchase at one of the three highest classifications established by at least two standard rating services and which mature not later than 180 days from the date of purchase, and (b) such purchases do not exceed ten percent of the corporation's outstanding obligations. The City will not futures, options, floaters. invest reverse any funds in financial repurchase agreements forwards or and inverse V INVESTMENT MATURITY AND LIOUIDITY To the extent possible, the City will attempt to match its investments with overall anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than seven (7) years from the date of purchase. No more than 30% of the City's total investment portfolio shall be placed in securities maturing in more than three (3) years. This calculation excludes the maturities of the underlying securities of a repurchase agreement. This calculation also applies to the average life of asset-backed securities (rather than the stated life). VI PORTFOLIO COMPOSITION The portfolio shall be designed to provide a balance of short-term and medium-term maturities designed to meet the liquidity of the City. In addition, the portfolio shall be diversified with respect to investment instruments and issuers as follows: 1. On any given date, at least 60% of the portfolio shall wi thin one year. mature 2. On any given date, not more than 10% of the portfolio shall mature beyond five (5) years. 3. No security purchased may have a maturity (or expected life of greater than fifteen (15) years. 4. Commercial paper shall not exceed 40% of the city's investment portfolio. 5. No single issuer of commercial paper shall comprise more than 50% of the total commercial paper portfolio of the City. 2 City of Boynton Beach Investment Policy 6. No bank or savings association shall hold more than 50% of the City of Boynton Beach investment portfolio, exclusive of securities held in safekeeping as a third party custodian. 7. Repurchase agreements shall be negotiated only with the Hprimary securities dealersH (as designated by the Federal Reserve Bank), financial institutions which are qualified public depositories under state law or institutions referenced in the previous paragraph. The City will have negotiated a Master Repurchase Agreement with any institution with which it enters into a specific repurchase agreement. VII RISK AND DIVERSIFICATION In order to reduce the risk of loss from overconcentration of assets in a specific maturity, issuer, instrument, dealer or bank, the investment portfolio shall be managed to minimize the potential risk from default and changes in market conditions. The Finance shall seek to balance the portfolio among issues, issuers, maturi ties, investment vehicles and financial institutions. The Finance Director and City Manager shall review the portfolio not less than quarterly to review the adequacy of the diversification strategy. VIII AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The City may purchase securities from any primary dealer in government securities, a regional broker if they have been in business for 10 years and have a minimum of $10,000,000 of capital, or qualified public depository. Broker-dealers shall be selected using the following criteria: 1. The institutional and broker qualifications as they relate to both general and specific product knowledge; 2. The ability to provide value added services; 3. Pricing competitiveness; and 4. The financial strength and stability of the company. Investments in savings accounts, certificates of deposit or other deposit accounts in a bank or savings association may be made only in qualified public depositories as defined by Florida State Statutes section 280.02. All authorized institutions and dealers conducting business with the City shall be given a copy of the City's Investment POlicy and be required to abide by the Investment POlicy. The broker shall execute a certification acknowledging receipt of the Investment Policy and agreeing to follow its terms and conditions. IX THIRD-PARTY CUSTODIAL AGREEMENTS All securities purchased by the City under this section shall be properly designated as an asset of the City of Boynton Beach and held in safekeeping by a third party custodial bank or other third party custodial institution chartered by the United States Government or the State of Florida. The third party shall be the designated agent of the City, ensuring that all assets held on 3 City of Boynton Beach Investment Policy behalf of the ri t, shall be clearly held and accounted for to indicate ownership by the city. No withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Director of Finance as authorized herein, or by his respective designees. X COMPETITIVE BIDDING For all investment purchases or sales, the City shall seek multiple quotations from authorized brokers and financial institutions, when feasible and appropriate, in order to maximize the performance of the portfolio. Competitive bids will not be required when: 1. The security involved is a new issue and can be purchased at auction or at a preset, initial offering price. 2. The security is available only through a single dealer. In all cases where competitive bidding is not feasible, the appropriateness and return of the investment shall be compared to other investments with similar maturities available in the financial markets. XI INTERNAL CONTROLS The Director of Finance shall establish and monitor a set of wri tten internal controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls shall be reviewed by the City Manager periodically and the City auditor annually in conjunction with the annual examination of the financial statements of the City. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets or imprudent actions by employees and officers of the City of Boynton Beach. XII REPORTING The Finance Director shall submit a quarterly investment report to the City Manager and the City Commission. The report shall list investments by fund and type and include a summation of changes from the previous quarter. XIII RESPONSIBILITY The establishment of the investment policy is the responsibility of the City Council. The Finance Director, under the direction of the City Manager, shall be responsible for implementing the policy and managing the City's portfolio within its guidelines. XIV CASH MANAGEMENT Except where otherwise provided by the City Council and State law, the Finance Director is authorized to pool the cash of various funds to maximize investment earnings where it is advantageous and prudent to do so. Investment income will be allocated to the various funds based upon their respective participation. 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\tl VI.-CONSENT AGENDA ITEM l. 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) !Xl September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) NATURE OF AGENDA ITEM 0 Administrative 0 Development Plans !Xl Consent Agenda 0 New Business 0 Public Hearing 0 Legal ' ) )___..1 0 0 .- Bids Un[mished Business ' -- '- , ~ ~. ..~- 0 Announcement 0 Presentation (';") -, ,";:J 0 City Manager's Report '--D C) -, :':;:'" '~I ._~ - (:=: RECOMMENDATION: co ;, Return cash bond of $18,397.50 to Calvary Chapel of Boynton Beach, Inc. for the project known as Calv~ ch~i;of Boynton Beach. f.:; ,\1 ~ ::c EXPLANA TION: On May 12,2005, the Building Division sent to the Finance Department a cash bond of$18,397.50 for the completion of the permitted work for the project known as Calvary Chapel of Boynton Beach located at 3190 Hypoluxo Road. The work has been completed and the Certificate of Occupancy was issued on August 12,2005. PROGRAM IMP ACT: None FISCAL IMPACT: None Development Department Department Name Quintus L. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC RC ()It 1:0 N 1wt If} 11\ G'D.~J{)6 ~ DEVELOPMENT & CONSTRutnoN CORP. 1500 SE 3RD COURT, SUITE 202, DEERFIELD BEACH, FLORIDA 33441 VOICE: 954-420-5965/ FAX: 954-420-5964 / e-mail: rc1@bellsouth.net June 24, 2005 'r--...-'~-'--r,l~~.-RU- W rn ~ tr; >J \~I LS i U 11-- \ill \, JUM 2 4 2005 BU\LDING City of Boynton Beach Development Division 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 RE: Calvary Chapel Project / Permit No: 04-0967 Release Request of the Cash Surety $18,397.50/ Check # 139733695, Building Receipt # 39149 Dear Sirs: Please be advised that this office is requesting the release of the Cash Surety captioned above in the amount of$18,397.50. In the event additional information or documentation is required, please contact this office. EXHIBIT" A" DEVELOPERS / BUILDERS / CONSTRUCTION MANAGERS LICENSE # CGC 1508161/ CBC 002959 CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 ,:r C E R T I F I CAT E o F OCCUPANCY PER MAN E N T Issue Date 8/12/05 Parcel Number Property Address 08-43-45-07-00-000-1010 3190 HYPOLUXO RD BOYNTON BEACH FL 33436 subdivision Name Legal Description Property Zoning THE EAST ONE-HALF OF THE EAST ONE HALF OF THE NORTHWEST ONE- QUARTER OF THE NORTHEAST ONE-Q UARTER OF SEC 7-TWP45S-RNG 43E COMMUNITY COMMER~IAL Owner . . . CAVLARY CHAPEL OF BOYNTON BCH Contractor RC DEVELOPMENT & CONSTRUCTION 954 420-5965 Application number D~scription of Work Construction type . Occupancy type Flood Zone . . . . Special conditions CALVARY CHAPEL FINISH FLOOR ELEVATION 16.0 LAG 14.0 FLOOD ZONE A5 MAP/PANEL 120192-0190 B 10/15/82 BASE FLOOD 11 Approved ~~.. .~ . . . . . . . Bcrildin~~al 04-00000967 000 000 CHURCH TYPE IV/UNPROTECTED ASSEMBLY B FLOOD ZONE/MIN FLOODING VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "B" \ DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-093 TO: Bill Mummert, Director OfFinan;o 0 Don Johnson, Building OfficialYV-V May 12, 2005 FROM: DATE: SUBJECT: CASH BOND - CAL VARY CHAPEL OF BOYNTON BEACH - 3190 HYPOLUXO ROAD Attached is a cashier's check for $18,397.50 from Calvary Chapel of Boynton Beach, Inc. This is a cash surety for the project known as Calvary Chapel of Boynton Beach and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/punch list and check XC: Timothy K. Large, Building Code Administrator Permit File # 04-967 EXHIBIT "C" S:\Development\BUlLDING\Memos\Cash Bonds - 2005\Calvary Chapel 04-967.doc III ... ... 0 a b 3111 I: 0 2 2000 a b a I: baD 0 . 3 ~ ? 3 3 b ~ 5 a III ". t~\\ 1 l;' <9' oJ ~ J", .."~ '" CITY OF BOYNTON BEACH Boynton Beaeh, Florida \ \ ') \ < . ~ '''"'''~ j ,- <.\ 2~-' FOR 'j,')U, r $ ~~ \ ;",; '-._:. 1. ' .-........ . '~,' , { --_.---------~-------------_.__._-_._-.- -----------------~._._------_._------_._----~------_.--,---- . EXHIBIT "D" , . Calvary Chaoel Boynton Beach - List of Items to be comDleted. 5-11-2005 1. Dumpster enclosure gates need to provide more of an opaque finish so that-cfumpster is not visible. 2. Top edge of center panel of concrete tiltwall panel @ Day Care wing is blemished-needs patching and/or grinding. 3. Top edge of center panel of concrete tiltwall panel @ South panel at Office wing is blemished-needs patching and/or gnnding. 4. Stucco finish at South-knockout wall is excessively wavy and needs Rework. 5. Crack at caulk/sealant joint at South-knockout wall joint-requires Re-caulking 6. Reveal bands at North and South entries do not match; fill in bands @ South elevation to match North elevation. 7. Smooth rough edge on exposed parapet at North entry. 8. Provide sealant at soffit to wall connection at entry areas to conceal expansion/contraction crack. 9. Concrete finish and joints at entry areas are not completed. Joints are missing and finish does not match sidewalks. 10. Ceiling tile grid not level at North OF's and/or defective AlC diffuser. 11. Missing base throughout. 12. Touch up paint at North entry at fire and alarm panel. 13. Paint touch-up through out. 14. Clean up tracks on fire curtain at entry to Daycare Wing. 15. Rough edge at top door frame to Youth Room; also caulk wall to frame same location. 16. Caulk ceiling grid to walls throughout. 17. Caulk fight fixture trim to drywall ceiling - typical throughout. 18. Patch drywall tear at fixture trim at South entry. 19. Sanctuary-Patch drywall at radius wall at bottom, South side. 20. Railing at sanctuary stairs; dimensions per code requirements. EXHIBIT "E" OY~Cf~ 1 $ 200.00 $ 400.00 $ 400.00 $ 1,000.00 $ 50.00 $ 200.00 $ 100.00 $ 100.00 $ 500.00 $ 100.00 $ 500.00 $ 25.00 $ 500.00 $ 50.00 $ 50.00 $ 200.00 $ 200.00 $ 50.00 $ 50.00 $ 21. Glass is missing at Mothers & Overflow room. 22. Ceiling tiles at throughout. 23. Raised Control Room. 24. Missing fixture at North Cry Room. 25. Kitchen at Youth Meeting room; paint access panel. 26. Kitchen touch up ceiling drywall at fixtures and Ale diffuser. 27. Caulk at patch at tiltwall joint at Daycare 3rd vertical from East edge in the exterior courtyard area. 28. Caulk storefront throughout-aluminum to aluminum-(Courtyard at West Side for example) 29. Patch exterior wall over door at courtyard at West Wall. 30. Caulk at ceiling (Bookstore to tiltwall plate). 31. Lenses at light fixture-Reception Area. 32. Damaged ceiling grid. at access ladder in office wing. 33. Caulk Drywall to door frame at Conference Room. 34. Paint and drywall touchup throughout. 35. Damaged ceiling grid in Pastor's Office. 36. Missing door at Storage in Pastor's Bath. 37. Missing ceiling tiles throughout. 38. Center ceiling grid in Tape Library; current layout unacceptable. 39. Patch rough tiltwall surfaces throughout where exposed. 40. Pocket accordion walls missing. 41. Mirrors missing throughout. 42. Missing ceiling at sides of tracks at accordion pockets. 43. Straighten (plumb) accessory in Daycare Bath #059 44. Lettering on 1 Hr Fire Rated Walls (Stencil). ,.....,....""'~~__.~,..."''''''''"''~''''"'",,.,''"''''-''''"''"i''''iliolll>''''''l,>...M._.'.Ii-".-';IiiI~ :11 $ 1,000.00 $ 250.00 $ 1 ,000.00 $ 50.00 $ 50.00 $ 50.00 $ 150.00 $ 150.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 350.00 $ 50.00 $ 150.00 $ 50.00 $ 250.00 $ 1,000.00 $ 5,000.00 $ 750.00 $ 250.00 $ $ "I 'J , ~" ., 45. Missing hurricane panel hardware. 46. Missing landscaping (trees). $ , 200.00 $ 500.00 $16,725.00 TOTAL EXHIBIT "E" VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEACH~ AGENDA ITEM REQUEST FORM ,..."r) I pH I . L J :) I:. r -: j i I '1' ,) l Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon.) D D August 16,2005 August 1, 2005 (Noon) D D September 6, 2005 August 15,2005 (Noon) D ~ September 20, 2005 September 6, 2005 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October 5, 2005 September 19,2005 (Noon) October 18, 2005 October 3, 2005 (Noon) November 1,2005 October 17, 2005 (Noon) November 15,2005 October 31,2005 (Noon) NATURE OF AGENDA ITEM D Administrative ~ Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business D Legal D Unfmished Business D Presentation RECOMMENDATION: Approve rate structure for cart fees, green fees, capital improvement fees and annual permits for The Links at Boynton Beach as proposed in the budget for FY 05/06 (see attached fee schedule). The overall changes included hereto are a $1.00 increase in the summer months and a $2.00 increase in the winter and shoulder months. There is also a $50 increase in the annual permit fee ($600-$650), which is the first increase in 8 years. EXPLANATION: The golf course continues to have a rate structure that is comparable to other municipal courses in Palm Beach County (see rate survey attached). . PROGRAM IMPACT: We do not anticipate any negative impact on course activity due to these changes. FISCAL IMP ACT: These rate changes were necessary in order to properly fund the budget for FY 05/06 AL TERNA TIVES: Do not raise fees and adjust budget accordingly, understanding that the level of service may then be impacted. ~ 4!f(;/tf. tI~~ / Department Hea s Signature i~ City Manager's Signature Golf Course Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RATES (per person) FY 200512006 (all taxes and surcharge. Included) Nov., Dec.. ADr. Championship Course (Par 71) Walkinq Ridinq # of Holes ~ .lli ~ 18 Daily Fee N/A N/A $24.00 $41.00 Links Club Card N/A N/A $20.00 $34.00 Annual Permit N/A N/A $12.00 $21.00 Family Course (Par 30) # of Holes Walkinq ~ .lli $14.00 $23.00 $11.00 $16.00 $ 3.00 $ 4.00 Daily Fee Links Club Card Annual Permit Jan.. Feb., Mar. Championship Course (Par 71) # of Holes Walkinq ~ .lli N/A N/A N/A N/A Daily Fee Links Club Card Annual Permit Family Course (Par 30) N/A N/A Walkina ~ $21.00 $18.00 $10.00 ~ $28.00 $24.00 $12.00 # of Holes ~ .lli ~ Daily Fee $17.00 $27.00 $24,00 Links Club Card $14.00 $20.00 $21.00 Annual Permit $ 3.00 $ 4.00 $10.00 Oct 1st-31st 2005lMay 1st-Sept. 30th 2006 Championship Course (Par 71) Ridinq 18 $35.00 $28.00 $16.00 Ridinq 18 $51.00 $41.00 $21.00 Ridinq 18 $39,00 $32.00 $16,00 Walkina Ridinq # of Holes ~ .lli ~ 18 Daily Fee N/A N/A $16.00 $27.00 Links Club Card N/A N/A $14.00 $23.00 Annual Permit N/A N/A $ 9,00 $15.00 Family Course (Par 30) Walkina Ridina # of Holes ~ .lli ~ 18 Daily Fee $ 8.00 $13.00 $13,00 $22.00 Links Club Card $ 7.00 $10.00 $12.00 $19.00 Annual Permit $ 3.00 $ 4.00 $ 8.00 $13.00 Annual Permits for City Residents $650.00 PROPOSED RATES FOR FY 05/06 (all prices inc. tax) Nov. Dec ADr Jan-Mar Mav-SeD The Links OF Annual Permit 9-hole $24.00 $28.00 $16.00 $650/per person 18-hole $41.00 $51.00 $27.00 LCC DF=Daily Fee Player 9-hole $20.00 $24.00 $14.00 LCC=Links Club Card Player 18-hole $34.00 $41.00 $23.00 APH=Annual Permit Holder APH 9-hole $12.00 $12.00 $9.00 18-hole $21.00 $21.00 $15.00 Boca Raton OF 483-5235 9-hole $37.00 $37.00 $25.00 18-hole $54.00 $54.00 $35.50 Delray Beach OF 243-7380 9-hole NYA NYA $18.00 Annual Permit 18-hole NYA $52.00/FY 04/05 $27.00 $1 ,1 OO/per person Lake Worth OF 533-7365 9-hole $20.00 $27.00 $17.00 Annual Permit 18-hole $31.00 $44.00 $25.00 $693.25/per person Okeeheelee OF 964-4653 9-hole $25.00 $25.00 $16.00 18-hole $44.00 $44.00 $27.00 West Palm Beach OF 582-7131 9-hole NYA NYA $18.00 Annual Permit 18-hole NYA $52.00 $27.00 $955/per person *NY A=Not yet available ~.,\.'.."..'YO....?:.' 0. / '\.,. .; " Ill\ 0'\ ,; j-, . \' ~., . .... ".H"'U <~ -..(" , ) N \:> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM L. 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31,2005 (Noon) 0 Administrative 0 Development Plans NA TURE OF ~ 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 2005-2006 Premium Year Property and Casualty insurance program in the amount of $922,724.00. EXPLANATION: See attached breakdown of policies. PROGRAM IMPACT: This is a renewal of the City's Property and Casualty Insurance Program with incumbent companies. The City continues to finance a portion of risk through a self-insurance program and purchases excess insurance coverage above those amounts for which the City assumes the risk. On general and automobile liability, risk assumed is $100,000 per occurrence (per state statutory limit), and on workers' compensation this is $350,000 per claim. Workers' compensation claims incurred during FY 2004-2005 had a total average cost per claim of $2,477.43. FISCAL IMPACT: Adequate funding has been budgeted from the Self-Insurance Fund for FY 2005- 2006. Account numbers include: 522-1710-519.45-02,45-03,45-04,45-05 and 49.23. ALTERNATIVES: To fully self-insure all risks will place the City's financial well being in jeopardy. nt Head's Signature u .~. ~ City Attorney / Finance / Human Resources RISK MANAGEMENT Department Name RM/Agenda 2005 Agenda Item Request P C Ins Proposa1.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 2005-2006 PROPERTY & CASUALTY INSURANCE PROGRAM BROKER! 2004-2005 2005-2006 INSURANCE CO. PREMIUM PREMIUM Arthur J. Gallagher & Co.! State National Ins. Co. $178,500 $190,000 This includes General Liability (GL) and Workers' Compensation (WC) insurance programs. Arthur J. Gallagher & Co.! I I I Mt. Vernon Fire Ins. Co. I $1,635 $1,6351 0% This is the liquor liability insurance to cover the restaurant at the municipal golf course. Arthur J. Gallagher & coj~1 Scottsdale Ins. Co. $4,422 $3,835 -13% This is the general liability insurance policy for the banners on the FPL light poles, required by FPL. Arthur J. Gallagher & CO.! II I Aspen Specialty Ins. Co. $27,140 $28,0001 The is the professional liability insurance policy to cover the EMT's, Paramedics, and Medical Director, in the Fire!EMS Dept. Arthur J. Gallagher & Co.! I Clarendon National Ins. Co. $5,000 $5,0001 This is the general liability policy made available to outside organizations renting City facilities. Tenant Users Liability Insurance Program. Arthur J. Gallagher & Co.! I Hanover Ins. Co. -_-L $2,500 $2,500 0% This is a property policy to cover for the loss of money, securities and other property resulting from employee dishonesty while acting alone or in collusion with others. FL League of Cities! FL I I Municipal Ins. Trust (FMIT) I $142,703 $170,4641 19% This is the liability and property policy covering the City's vehicle fleet, to I include auto liability to other parties, and physical damage to City vehicles. Gross Auto Premium reduced from $208,980 to $201,806. Incentive Credit reduced from $66,277 to $31,342. Acordia! Preferred Govern- I I ! mental Ins. Trust (PGIT) I $344,976 $482,37zL Property is the property policy on City's buildings and contents. Inland Marine covers items such as communication equipment, contractor's! mobile equipment, electronic data processing, emergency services portable equipment and fine arts. Total Insured Value (TIV) increased from $92M to $142M (54%) based upon completed insurance property appraisal. Deductible increased from $5,000 to $10,000 per occurrence. Acordia! Hartford Steam I -----"--1 I Boiler Ins. Co. J $34,500 $38,9131 13% I This is equipment breakdown coverage. Total Insured Value (TIV) increased ------------- _jfrOm $84,565,514 to $151,234,635, or 78.8%. :OTAL=-=--~ _1_ _. i _ . :41.376 ._ $922'71_~ 2005 Agenda Item Request p C Ins. Attach.xls I -- ---- INSURANCE LINE Public Entity Excess ~-----'--- ----- --- _~quor LiabilitL_______ General Liability EMT Professional Liability f------ - IULlP (MinimuW!l_pepositL _______n______..___________ Crime Automobile 1---- -____ Property & Inland Marine -'---------- ~~Ier & Machine'Y..-_____ % 6% 3% 0% 39% CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM M. 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) D September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ 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: Authorize the use of $1,500 of Community Investment Funds to the Juvenile Transition Center, Inc. by Mayor Taylor. EXPLANATION: Commission approval for allocation of $1,500 of Community Investment Funds to the Juvenile Transition Center to used to fund ongoing programs. PROGRAM IMPACT: Allocation of funds will assist the above program. 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. ALTERNAZ'A:::authodZO the ceqoesWd ure. "- Department Head's SIgnature JL~ 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: September 7, 2005 Requested by Mayor/Commissioner: Mayor Jerry Taylor Amount Requested: $1,500 Recipient/Payee: Juvenile Transition Center Description of project, program, or activity to be funded: Funds to be used for ongoing programs. Dated: ;{? By: err .~d? 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 $3,500. Accordingly: ~ There are funds available as requested There are insufficient funds available a Dated: 9/7/0~ / I By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: I!:I" 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; ~ 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 rY Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. I!I"'" If funds are to be used as a scholarship, the individual receiving the funds m,: reside inside the City Limits. .) /7 _ ~io~ By:~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Mayor -lTC.doc, 9/7/2005 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16,2005 August 1,2005 (Noon) 0 October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1, 2005 October 17, 2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31,2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ 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: Authorize the use of $1,000 of Community Investment Funds to Committed Citizens Concerned about our Children, Inc. by Vice Mayor McCray. EXPLANATION: Commission approval for allocation of $1,000 of Community Investment Funds to Committed Citizens Concerned about our Children for a program that will improve the lives of children by providing academic counseling recreational activities, technical skills, athletic advising and mentoring for students residing in the City of Boynton Beach and surrounding areas. PROGRAM IMP ACT: Allocation of funds will assist the above program. 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. ALTERNA IVES: Decline to authorize the requested use. Department Head's Signature Jl~~ 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: September 7, 2005 Requested by Mayor/Commissioner: Vice Mayor McCray Amount Requested: $1,000 Recipient/Payee: Committed Citizens Concerned About Our Children, Inc. Description of project, program, or activity to be funded: Improve the lives of children by providing academic counseling, recreational activities, technical skills, atWetic advising and mentoring for students residing in the City of Boynton Beach and surrounding areas. y! // Dated: ~ BY:tr f~? / l 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. $9,000 has been used to date by the requesting Member, leaving a balance of available funds of$1,000. This request would bring the available amount down to $ O. Accordingly: X D There are funds available as requested There are insufficient funds available a Q/7/0S I I By: Dated: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: ;;T The proposed expenditure of funds will not result in improvement to private yroperty; YV'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; f!! 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 >llI' Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. D If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits. cr /elo~ By: 4~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McCray _ CCC about Children.doc, 9/7/2005 May 26,2004 FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State ~~ \~ ~bli!of COMMITTED CITIZENS CONCERNED ABOUT OUR CHILDREN, INC. 329 N.E. 12TH AVE BOYNTON BEACH, FL 33435 Re: Document Number N99000004382 This will acknowledge your reinstatement for COMMITTED CITIZENS CONCERNED ABOUT OUR CHILDR~N, INC., a Florida Corporation, which was filed on May 20, 2004. Should you have any questions regarding this matter, please telephone (850)245- 6059. , Sean Toner Senior Section Administrator Division of Corporations Letter Number: 004A00036772 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 VI.-CONSENT AGENDA ITEM O. 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16,2005 August I, 2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) IZI September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31,2005 (Noon) 0 Administrative 0 Development Plans NATURE OF IZI 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: Authorize the use of$1,500 of Community Investment Funds to the Gulf Stream Council, Inc., Boy Scouts of America by Mayor Taylor. EXPLANATION: Commission approval for allocation of $1 ,500 of Community Investment Funds to the Gulf Stream Council, Inc., Boy Scouts of America for the Boynton Beach Scoutreach Program for at-risk youth in the Boynton Beach community. Funds will be specifically applied to Scoutreach youth for uniform purchases. PROGRAM IMPACT: Allocation of funds will assist the above program. 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. Department Head's Signature ~ry ALTERNATIVES: Decline to authorize the requested use. Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request Date of Request: 09/14/05 Requested by Mayor/Commissioner: Mayor Jerry Taylor Amount Requested: $1,500 Recipient/Payee: Gulf Stream Council, Inc., Boy Scouts of America Description of project, program, or activity to be funded: To be used for the Boynton Beach Scoutreach Program for at-risk youth in the Boynton Beach community. Dated: # By: ~~.c~ . Part II - Availability of funds (to be eompleted by the J!..an ee Direetor) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $6,500 has been used to date by the requesting Member, leaving a balance of available funds of $3,500. This request would bring the available amount down to $2,000. Accordingly: Dated: ~ By: Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; ~ 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; o 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 ~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. I!!""" If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits. BY:~ City anager Dated: "'.... \S - 0 " GULF STP,EAM COUNCIL, INC. BOY SCOUTS OF AMERICA 8335 North MilitaryTrail Palm Beac;h Gardens, FL 33-410-6329 561-694-8585 . Fa>< 561-694-9050 September 13, 2005 Mayor Jerry Taylor 100 E Boynton Beach Blvd PO Box 310 Boynton Beaoh, FL 33425 Dear Mayor Taylor, 111ank you for your continued interest and support of Scouting. Your legacy from your Distinguished Citizen Dinner is still mentioned throughout the District today. As discussed, your generOUS donation to Scouting will be applied to various programs, camping, uniforms, and activities in the following units in Boynton Beach, Boy Scout Troops 215, 305, and 395, Cub Scout Packs 215. 239, 243. 305, and 310 as well as Venture Crew 215. As a result of your donation, additional funds will be invested in the Boynton Beach Scoutreach Program for at-risk youth in the Boynton Beach community. Funds will be specifically applied to Scoutreach youth for uniform porchases, Thanks again for your continued efforts to expand the Scouting experience, as we strive to cultivate our nation' s future leaders through character education. Yours in Scouting, {,u~ Woody Woodward Scout Executive . A U_ _ ......, ..""', ~. "",."" Pol", """,. M"'.. S. Luci.. '''''''' ,,~,. """""".... ...... and """"" Co"",",. to 38IJd iI8Nn08~IJ3~lS~lns \39\35t>5'31'39 G€:91 9\3\3G/€1/5\3 VI.-CONSENT AGENDA ITEM P. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ('~-"' I c ~., ,'.., ,.,,) ,:.U. 0 f.J"j::): j J 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 0 August 2, 2005 July 18,2005 (Noon,) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16,2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1, 2005 October 17,2005 (Noon) ~ September 20, 2005 September 6,2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ 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: Authorize the use of$2,000 of Community Investment Funds to the Boynton Beach Woman's Club by Mayor Taylor. EXPLANATION: Commission approval for allocation of $2,000 of Community Investment Funds to the Boynton Beach Woman's Club for physical improvements to the structure. PROGRAM IMPACT: Allocation of funds will assist the above program. 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. ALTERNATIVES: Decline to authorize the requested use. Department Name Department Head's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 09/15/05 Requested by Mayor/Commissioner: Mayor Jerry Taylor Amount Requested: $2,000 Recipient/Payee: Boynton Beach Woman's Club Description of project, program, or activity to be funded: To be used for physical improvements to the structure, i.e., interior painting of the building. Dated: 0/1~ f5 By: ~ rk. kv. ~ (j Part 11- 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. $8,000 has been used to date by the requesting Member, leaving a balance of available funds of $2,000. This request would bring the available amount down to $0. Accordingly: ~ There are funds available as requ sted. D There are insufficient funds availa s re Dated: c:; 1ft) t)S' I I By: Part III - Eligibility Evaluation (to be completed by City Manager) D The proposed expenditure of funds will not result in improvement to private property; tV' The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; v The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. D If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits. Dated: q /1(, r 0 ,- I By: VI.-CONSENT AGENDA ITEM Q. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office 0 August 2, 2005 July 18,2005 (Noon.) 0 August 16,2005 August 1,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) [81 September 20, 2005 September 6, 2005 (Noon) ~j SEP 1 0 f\!~..l 9: 34 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 October 5, 2005 September 19, 2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [81 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Authorize the use of$I,500 of Community Investment Funds to the Boynton Beach Head Start Center by Commissioner Carl McKoy. EXPLANATION: Commission approval for allocation of$I,500 of Community Investment Funds to the Boynton Beach Head Start Center to be used for their Scholarship Fund. PROGRAM IMP ACT: Allocation of funds will assist the above programs. 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. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request Date of Request: 09/14/05 Requested by Mayor/Commissioner: Commissioner Carl McKoy Amount Requested: $1,500 Recipient/Payee: Boynton Beach Head Start Description of project, program, or activity to be funded: To be used for the Head Start Center Scholarship Fund. Dated # By: ~ f,ft.<.-. ~ - Part II - Availability of funds (to be completed by the mance DIrector) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $6,500 has been used to date by the requesting Member, leaving a balance of available funds of $3,500. This request would bring the available amount down to $2,000. Accordingly: ~ There are funds available as requested. o There are insufficient funds availab as Dated: * By: Part III - Eligibility Evaluation (to be completed by City Manager) Er""" The proposed expenditure of funds will not result in improvement to private property; ~ 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; iY 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 V Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. oV' If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits. Dated:--=t 1 C"'-o \- BY:~~ City Manager VI.-CONSENT AGENDA ITEM R. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1., ;J' ~'11 0: 1")".' t', l "" J..; 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16,2005 August 1,2005 (Noon) 0 October 18,2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) [2] September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [2] 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: Authorize the use of $2,000 of Community Investment Funds to Mad Dads of Greater Boynton Beach, Inc. by Commissioner Carl McKoy. EXPLANATION: Commission approval for allocation of$2,000 of Community Investment Funds to Mad Dads of Greater Boynton Beach Inc. to be used for the after school program that supports underprivileged school children. PROGRAM IMPACT: Allocation of funds will assist the above programs. 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 Name AL TERNA TlVES: Decline to authorize the requested use. Department Head's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request Date of Request: 09/14/05 Requested by Mayor/Commissioner: Commissioner Carl McKoy Amount Requested: $2,000 Recipient/Payee: Mad Dads of Greater Boynton Beach Inc. Description of project, program, or activity to be funded: To be used for Mad Dads of Greater Boynton Beach Inc. after-school program that supports underprivileged school children. 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. $8,000 has been used to date by the requesting Member, leaving a balance of available funds of $2,000. This request would bring the available amount down to $0. Accordingly: Y There are funds available as reque ted. o There are insufficient funds availao e Dated: * 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; V 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 ~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. D~ If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits. By: ~G City Manager Dated:~\ b ( 0 j- Board of Directors CEO, Ben Bryant President, Valerie Bryant Secretary, Doris Jackson Treasure. Leonard Albury MAD DADS OF GREATER BOYNTON BEACH, INC. (Men Against Destruction Defending Against Drugs & Social Disorder) P.O. Box 549 Boynton Beach, FL 33425-0549 To City Commissioners of -Boynton Beach: From local neighborhood initiatives to programs with educational impact, MAD DADS of Greater Boynton Beach, Inc, is strongly committed to Caring and Making a Difference in our connnunities in which our parents and students work a..'ld live. The men a..'ld women of M".<\D DADS of Greater of Boynton Beach, Inc. t.'lke active, positive steps that touch the lives of others every day, Now in our fifth year, MAD DADS of Greater Boynton Beach, Inc. as part 'of our commitment to "Taking Care of Kids," recognizes the import.ance of st'.arting off the school year on the right foot. Our organization adepts and provides a rigorous, after-school program that supports underprivileged school children from the "Heart-of-Boynton" as wen as their parents and teachers. Our after-school program is designed to make a difference in families, classrooms and good citizenship throughout the Heart-of-Boynton neighborhoods. The program includes everyday tutorial assistance and a variety of special activities and events during the academic year, The MAD DADS of Greater Boynton Be.ach, Ine popular STEP & DANCE Teams, which compete regionally, provides a structured atmosphere in the organization's after-school program where students have an opportunity to participate with their peers and take ad....a.'1tage of competitive training and social emotional skiJI development. MAD DADS of Greater Boynton Beach, Tne is a 501 (e) (3) nonprofit organization that - at the 10C.,,1 l~"el - .......''''ran".s f""'......ili"'s, n""l' nl.hn..L.oodc ..nd bncinecs"" to he..o....". in"nh-..;l in tL.". 11'"".c ... -..........,. _......""'-IILA... 0..... ....~...~ "'" "I "" e-.i.~_Lrl ....... ~ U,J..1. 1l,4..Jl.I.......1. o.J' ........, .. ..... ........'" .........." '\J.L .'t7~ .I...l..1 w_... -...., of our Heart-of-Boynton children. Monet..ary donations will aid in its continued efforts to promote tlns ideal. Thank you, s~ 6. ~7~ c%- Au!lbee B Bryant Jr, CEO !' -r :,,':i0- ,f/. ... ."\. ~\ Iv ;:, // " /V T() "",/' \3 'V VI.-CONSENT AGENDA ITEM S. 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) D September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17, 2005 (Noon) ~ September 20, 2005 September 6,2005 (Noon) D November 15, 2005 October 31, 2005 (Noon) NATURE OF AGENDA ITEM D ~ D D D D Administrative Consent Agenda Public Hearing Bids Announcement -if .."ro o -Pl (")> (..) (11 C"") RECOMMENDA TION: Authorize the use of $1 ,000 of Community Investment Funds to the Gulf Stream Council, Inc., :J:: Boy Scouts of America by Commissioner Bob Ensler. City Manager's Report D k',~ Development Plans D New Business (/) iT1 D '\:) " Legal ':J D Ct") j.=, Unfinished Business D -0 ,-- Presentation .,)_t -, EXPLANATION: Commission approval for allocation of$I,OOO of Community Investment Funds to the Gulf Stream Council, Inc., Boy Scouts of America for the Boynton Beach Scoutreach Program for at-risk youth in the Boynton Beach community. Funds will be specifically applied to Scoutreach youth for uniform purchases. PROGRAM IMPACT: Allocation of funds will assist the above program. 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. ALTERNATIVES: Decline to authorize the requested use. Department Name Department Head's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I - Summary of Request Date of Request: 09/16/05 Requested by Mayor/Commissioner: Commissioner Bob Ensler Amount Requested: $1,000 Recipient/Payee: Gulf Stream Council, Inc., Boy Scouts of America Description of project, program, or activity to be funded: To be used for the Boynton Beach Scoutreach Program for at-risk youth in the Boynton Beach community. Dated: ~ By: ~< r--< - 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. $9,000 has been used to date by the requesting Member, leaving a balance of available funds of$I,OOO. This request would bring the available amount down to $0. Accordingly: X There are funds available as req sted. o There are insufficient funds availa as requested. Dated: ~ By: Part III - Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; o 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; [V 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 !;l- 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. Dated: q- ((;"-0\ BY:~ City anager CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM A. Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 August 2, 2005 July 18,2005 (Noon,) 0 October 5, 2005 0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 0 September 6, 2005 August IS, 2005 (Noon) 0 November I, 2005 [8] September 20, 2005 September 6, 2005 (Noon) 0 November IS, 2005 Date Final Form Must be Turned in to City Clerk's Office September 19,2005 (Noon) October 3, 2005 (Noon) October 17,2005 (Noon)' " ". ~. -..1 October 31, 2005 (Noon) ~ -~) ..; "J '.'.) [.) 0 Administrative 0 Development Plans -..'} NATURE OF 0 Consent Agenda 0 New Business l"~'.) AGENDA ITEM [8] Public Hearing 0 Legal 0 Bids 0 UnfInished Business D Announcement D Presentation D City Manager's Report 'j ~ ," . ;: (~.J "..,., (.--~~ :::I: RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda under Public Hearing. The Planning and Development Board recommended that the subject request be approved on August 23, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-151. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Village Parcel 4 & 5 Condos (CODS 05-007) Anthony Comparato, Kim Glas-Castro The Klatt Family Limited Partnership and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for Conditional Use/New Site Plan approval for four (4) five (5) story buildings with 376 condominium units on an 8.8 I 5-acre portion of the 106.5-acre Boynton Village and Town Center site. PROGRAM IMPACT: NM ~SCALIMPACT: NM ALTERNATIVES:~ N/A / flL(/J Developm ep ent Dire~or ~~ City Manager's Signature ~- ~A<.L ,,/ Planning and Zoning Dire<6'r City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I \Boynton Village Parcel 4 & 5 Condos NWSP 05-019\Agenda Item Request Boynton Village Parcel 4 & 5 COUS 05-007 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-151 TO: Chair and Members Planning & Development Board Michael Rumpf r\~ y Planning & Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: August 10, 2005 PROJECT: Boynton Village Condominiums Parcels 4 & 5 (WR 1) COUS 05 -007 REQUEST: Request for conditional use / new site plan approval for four (4), five (5) story buildings with 376 condominium units on an 8.81s-acre portion of the 106.s-acre Boynton Village and Town Center site. PROJECT DESCRIPTION Property Owner: The Klatt Family Partnership & Klatt Enterprises, Inc. Applicant: WR 1, LLC Agent: Anthony Comparato, Compson & Associates and Kim Glas-Castro, Ruden McClosky Location: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A'') Existing Land Use: Mixed Use Suburban (MX-S) Existing Zoning: Suburban Mixed Use (SMU) Proposed Use: 376 condominium units Acreage: 8.815 acre portion of the 106.s-acre parcel Adjacent Uses: North: Undeveloped land proposed for town homes within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU), then farther north is right-oF-way for the SFWMD C-16 Canal, and still farther north Boynton Village Condominiums Parcels 4 & 5 COUS 05-007 Page 2 Memorandum No. PZ 05-151 South: East: West: is Phase I of the Renaissance Commons mixed use project. Undeveloped land proposed for mixed use development within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU), then farther south is right-of-way for Old Boynton Road, and still farther south is developed commercial property (Oakwood Shopping Center), with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); Right-of-way for the proposed main north/south road within the Boynton Village and Town Center Master Plan, then farther east is vacant land proposed for townhomes and condominiums within the Boynton Village and Town Center Master Plan, farther east is the right- of-way of the LWDD E-4 Canal, and still farther east is developed single family residential (Sky Lake) with an Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-l-AA); and Undeveloped land proposed for commercial use within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX- S) land use classification, zoned Suburban Mixed Use (SMU), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Boynton Beach Mall). 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 The subject site is the location of pastureland commonly referred to as the Winchester Property. On February 15, 2005 the City Commission approved the applicant's request for a change to the land use and to rezone (LUAR 04-006) 81.814 acres of the property from Single Family Residential (R-l-AA) to Suburban Mixed-Use (SMU) and also 25 acres at the southwest corner of the parcel (LUAR 04-007) from Single Family Residential (R-l-AA) to Community Commercial (C-3). WR 1, LLC is seeking conditional use / new site plan approval for an 8.815-acre portion of the 106.5-acre parcel of land master planned as Boynton Village and Town Center. This residential project consists of four (4) five (5) story condominium buildings containing 376 dwelling units. Condominium units are allowed in the SMU zoning district. However, the SMU zoning district requires conditional use approval for buildings proposed over 55 feet in height. Therefore, this portion of the Master Plan requires conditional use approval because certain components of these five (5) story condominium buildings are proposed at 65 feet - 1 inch in height. The site plan (sheet SP-l) shows that the project would consist of six (6) proposed buildings, with buildings 1-4 housing the residential units and partially wrapping buildings 5 and 6, the parking structures. Boynton Village Condominiums Parcels 4 & 5 COUS 05-007 Page 3 Memorandum No. PZ 05-151 CONCURRENCY The project has been approved by the Utilities Department for potable water and sanitary sewer. Palm Beach County School District approved the Master Plan for 1,120 dwelling units. Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. Additionally, the City has petitioned the County for a CRALLS (Constrained Roadway At Lower Level of Service) designation for Old Boynton Road, Congress Avenue and the respective intersections. Palm Beach County has transmitted the Comprehensive Plan Amendment associated with the CRALLS designation to the Department of Community Affairs for review and comment prior to adoption. Formal adoption of the CRALLS would remove the requirement for certain roadway improvements, including the necessity to improve the entire segment of Old Boynton Road between Congress Avenue and Boynton Beach Boulevard to a five (5) lane section. However, even if the CRALLS is adopted by Palm Beach County, the following roadway improvements would still be required for the project: 1) Intersection improvements at Congress Avenue and Old Boynton Road, Congress Avenue and Gateway Boulevard, and Boynton Beach Boulevard and Old Boynton Road; 2) Improvement of Gateway Boulevard to six (6) lanes from Congress Avenue to High Ridge Road; 3) Improvement of Old Boynton Road to five (5) lanes from Congress Avenue to the Spine Road (the main north/south roadway within the proposed Master Plan, connecting Old Boynton Road to Gateway Boulevard), transitioning to three (3) lanes west of the E-4 Canal bridge, and continuing a three (3) lane section east to Boynton Beach Boulevard. This would also include the construction of a new three (3) lane bridge over the LWDD E-4 Canal; and 4) various access point improvements to entrances/exits to the 106.5-acre parcel (see "Exhibit C" - Conditions of Approval). The Engineering Division of Public Works reviewed the drainage plans to ensure compliance with all applicable codes and regulations regarding legal positive outfall. The conceptual plans submitted herein, are acceptable to the Engineering Division but as per staff policy, a more detailed version would be required at the time of permitting (see Exhibit "c" - Conditions of Approval). The Recreation and Parks Department indicates that the City will require dedication of sufficient land for a neighborhood park in association with the development proposed within the Master Plan. "The plan indicates approximately five (5) acres has been set aside for this use. The development of the park is estimated to be $2,000,000. Upon development of the park, the Recreation and Parks Department will require the addition of 1.0 full-time employee (FTE) at approximately $32,000 and approximately $15,000 in equipment. " Police: The Police Department reviewed the subject request relative to the Master Plan as a whole and how it would impact their level of service. The Department reports, "With the projected growth for this area, additional officers for this zone will be needed to handle the increase of calls for service. 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 and projected traffic." Fire: The Fire Department reviewed the subject request and reports that Fire Station #5 should be expedited to insure adequate service delivery levels and effective response times. Additionally, a traffic light pre-empt should be pursued to aid the response of emergency apparatus on Congress Boynton Village Condominiums Parcels 4 & 5 COUS 05-007 Page 4 Memorandum No. PZ 05-151 Avenue. Also, upgrades in emergency dispatch capability should be made, including new technology related to CAD, GIS and AVL and adequate staffing. STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject project, as illustrated on the master plan/ would be located in the northwest quadrant of the Boynton Village and Town Center development. Vehicles would enter the condominiums from five (5) different points of ingress / egress. Two (2) points are proposed along the major north/south road depicted on the master plan/ which is intended to link Old Boynton Road with Gateway Boulevard. The other three (3) point of ingress / egress are proposed on the west side of the buildings/ on one of the developments internal drive aisles. There are four (4) proposed entrances that directly access the parking structures/ one on the north and south side of each structure. Lastly, there is one access point from the west that connects to Congress A venue. As proposecf, all entrances would allow for safe vehicular and pedestrian access into the condominium building. The applicant states that ingress and egress for the project has been carefully planned to provide exemplary pedestrian access throughout the site in a safe and convenient manner. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. One-bedroom apartment units require one and one-half (10) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. The project proposes four (4) condominium buildings consisting of a total of 70 one (1)-bedroom units/ 246 two (2)-bedroom units/ 60 three (3)-bedroom units/ and a recreation area. Therefore/ a total of 722 parking spaces would be required. The Cover Sheet tabular data indicates that 764 spaces or an excess of 42 spaces would be provided. The vast majority of the provided parking spaces would occur inside the parking garages (646 spacesJ while 118 spaces would occur as off-street/surface parking. It should be Boynton Village Condominiums Parcels 4 & 5 CO US 05-007 Page 5 Memorandum No, PZ 05-151 noted that this project is just a small portion of the entire Boynton Village and Town Center Master Plan and staff reviews each component (cumulatively) to ensure compliance with code. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. Each of the four (4) buildings would have two (2) trash rooms proposed on the ground floor. The refuse would be contained within a room unseen from public view. However, on trash pick-up day, each dumpster would be transported to a single designated area, which is proposed at the north side of northern buildings and south side of the southern buildings. The plan shows that the trash trucks would have enough space to maneuver around to pick up the containers because of a proposed 60- foot back up area. No trash trucks would have to enter the parking garage. Staff reviewed the plans and determined that the number, location, and orientation of the enclosures and the pick-up area are adequate for efficient trash removal. However, the onus is on the property owner(s) in making sure that on trash pick-up day~ the dumpsters are transferred from their room to the ''common trash pick-up area'~ 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulation~ all utilities, including potable water and sanitary sewer are available for this project. However, at the time of permitting, the applicant would be required to submit a timeline that clearly illustrates when water and sewer services will be needed. The commencement date should start at the date of City Commission approval. Also, the applicant would be required to provide milestone dates regarding permit application, the start of construction, and the setting of the first water meter. Utilities staff would use this timeline in order to determine the adequacy of water and wastewater treatment capacity upon the projects completion (see Exhibit "c" - Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The Total Parcel Data Chart on the Cover Sheet indicates that the pervious area for this condominium project (Parcels 4 & 5) equals 2.995 acres or 33% of the site. The landscape material would consist of a large quantity of shade trees, palm trees, and shrubs / groundcover. The Plant List (sheet L8 of 8) shows that the shade trees would consist of the following species: Seagrape and Orange Geiger. The palm trees would be comprised of the following species: Coconut, Alexander, Sabal, Rorida Royal, Areca, Montgomery, and Christmas palm trees. A note on the landscape plan indicates that 100% of the shade trees, 62% of the palm trees, and 59% of the shrubs would be native. In order to lessen the impact of the building height, the landscape material proposed on the facades would include 24 foot tall Royal palm trees, 21-37 foot tall Coconut palm trees, and 12-24 foot tall Sabal palms. In general, the plans meet the above-referenced standard for screening, buffering, and landscaping. Relative to buffering these five (5) story structures from the single family residential community to the east (Sky Lake), these buildings are in excess of 1,000 feet from any home and would have intelVening residential buildings with heights between 35 feet (proposed townhomes in the Cortina portion of the Master Plan) and 65 feet (proposed condominium buildings on Parcel 3 of the Master Plan). The Suburban Mixed Use (SMU) zoning district contains regulations establishing minimum building setbacks through the use of a ''Height Setback Envelope'~ These regulations are applicable where the SMU development is adjacent to a developed single family residential zoning district. In Boynton Village Condominiums Parcels 4 & 5 CO US 05-007 Page 6 Memorandum No. PZ OS-151 such instances/ the minimum setback shall be three (3) times the building height and shall be measured from the common boundary of the SMU and the single family residential zoning district or the midpoint of any intervening right-ot-way. The tallest element of the condominium buildings is the top of the roof over the stair tower, measuring 65 feet - 1 inch in height Using the ''Height Setback Envelope'; three (3) times 65 feet - 1 inch equals a minimum required setback dimension of 195.25 feet" and as mentioned previous/~ the condominium buildings on Parcels 4 & 5 are proposed at a distance of over 1/000 feet from the single family residential homes to the east (Sky Lake). Additionall~ buildings in excess of 55 feet in height must be separated from single family residential (Sky Lake) and arterial roadways (Congress Avenue) by another project building equal to or less than 55 feet in height This accomplished to the east by the separation of the Condominiums from Sky Lake by 35 foot tall proposed townhomes in the Cortina portion of the Master Plan and to the west by the proposed construction of 35 foot tall outparcel buildings along Congress A venue in the Boynton Village portion of the Master Plan. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. One (1) monument sign is proposed for the proposed condominium component. The site plan (sheet SP-1) shows that the sign would be located at the main entrance/ between buildings/ off the primary north/south roadway through the master planned development. The sign structure is required to be located 10 feet away from the condominium property line. The "Front & Back Elevation" detail of the monument sign (sheet A-33) shows that the wall would be six (6) feet in height and have pilaster caps on top of each column. The top of the sign would reach as high as seven (7) feet in height. The actual face of the sign would have six (6) to eight (8) inch brass letters and decorative brass logo. The exterior lighting levels proposed on the photometric plans for Parcels 4 & 5 have been reviewed and approved by staff. The proposed lighting levels would not produce glare and cause unsafe driving conditions in or around the development. The applicant states that the "signs and all exterior lighting have been designed to direct their lighting pattern in a manner to achieve maximum coverage while being compatible and harmonious with adjacent properties'~ Staff concurs. 7. Required setbacks and other open spaces. The SMU zoning district requires usable open space for single-family detache~ single-family attache~ and all other uses. Condominiums/ typically classified as mUlti-family residentia~ would be considered ''all other uses" in the SMU zoning district as it relates to usable open space. The useable open space requirement for multi-family dwellings is 20% with the condition that up to 50% of the usable open space may be hardscaped plazas and public gathering places. The Master Useable Open Space Plan (sheet MOS) tabular data indicates that the condominium buildings would require 1.675 acres of useable open space/ while 3.238 acres or 38% is provided. The useable open space is provide through the green areas around the buildings/ the clubhouse/recreation building and surrounding grounds and the four (4) courtyards which consist of landscaped garden areas and pool amemties. The SMU zoning district has a provision whereby buildings heights can be greater than 45 feet in height. However, those buildings must adhere to the ''height setback envelope" limitation. The Boynton Village Condominiums Parcels 4 & 5 COUS OS-007 Page 7 Memorandum No. PZ 05-151 ''height setback envelope" is applicable when the SMU development is directly adjacent to a developed single-family residential zoning district Basicall~ the setback would be the building height multiplied by three (3). As proposect the buildings are 65 feet - 1 inch in height and therefore/ a 195.25 foot setback would be required from the Sky Lake development to the east. Scaling of the site plan indicates the buildings would be setback over 1/000 feet from Sky Lake/ thus complying with the requirements within the SMU zoning district. 8. General compatibility with adjacent property and other property in the zoning district. The proposed Master Plan for Boynton Village and Town Center allows for a greater integration of uses and a more innovative design for the entire property, The SMU zoning district would be compatible with the Renaissance Commons project to the north/ and utilizes many of the same planning and design concepts whereby the taller structures are located centrally within the development to lessen the impacts on surrounding existing development by keeping the taller and more intense structures away from the perimeter of the property. Additionall~ the property is separated from adjacent properties by roadways or canals. The proposed condominium buildings are an appropriate use for the mixed-use development contemplated for the subject site and the SMU zoning district in general. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The SMU zoning district is appropriate for low to mid-rise developments that provide for medium density residential uses. The district allows for a maximum building height of 55 feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and 75 feet measured to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use) but only as a conditional use. These condominium buildings are proposed five (5) stories tall at 65 feet - 1 inch in overall height (top of the stairwell roof) and 60 feet - 10 inches at typical roof level. The placement within the master planned development qualifies for conditional use review (see Exhibit "C/ - Conditions of Approval). The proposed building heights would not exceed the SMU zoning districts maximum height limitations and would compatible in comparison with the neighboring commercial and residential properties. The applicant state~ "The height of the structures (65 feet) is located toward the center of the project to create a wedding cake approach to height This allows lower structures on the perimeter of the SMU zoning district to shield the higher structures/ which would conform to the conditions and intent of the SMU zoning district // Staff agrees. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed development is expected to substantially increase the Citys tax base. The proposed development for the site is consistent with Policy 1.19.2 of the Comprehensive Plan in that the project (as a whole) would provide both commercial and residential development will generate a cross-section of jobs/ and provide goods and selVices/ as well as add to the range of housing opportunities in the City. According to the applicant "economicall~ the project will have a positive effect on the tax receipts of the City and provide substantially more in tax revenue than expense to the City. With the average cost of homes in excess of $30~000 each/ the benefit to the City is economically advantageous. Boynton Village Condominiums Parcels 4 & 5 CO US 05-007 Page 8 Memorandum No. PZ 05-151 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed buildings would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "CIf - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to pull a building permit. S:\Planning\SHARED\WP\PROJEcrS\Boynton Village-Boynton Town Center\Boynton Village Parcel 4 & 5 Condos\COUS 05-007\Staff Report.doc EXHIBIT A BOYNTON VILLAGE AND BOYNTON TOWN CENTER I LOCATION MAP i i . ; ! i i i i i = ! . = . . I . . 1-,-,---,-,-,-,-,-, I o III .~ Qj e o (,) ::::: III .... Qj It ... III o .., Local Retail Commercial Industrial BOYNTON CANAL ...................................................\ i i i Commercial BOYNTON VILLAGE LUAR 04-006 Suburban Mixed Use 81.814 acres LUAR 04-007 Local Retail Com erelaf 25.00 acres ICl 1110 W+E - IWQ "I. s ~l ,j ~~ ~' , I I I I II I \ I I I I i I I I -- nw.................. ~=====: .uMIaI~"IaMI"""""'-I ! II e 80YNTON VILLAGE jli = l ~ I DEVElOPER' ~ i ~~; .~=.. ~RESS AveNuE, ~~. SMU MASTER PLAN sl"'1 I ,- N g I lill SII'1 I lD II i ~ ~ d " I 1= z N < ~ ~ II m I iii, I,. -~-- ...-. . -~ . - . 1CI&I......OltO :;..~...(. ~....~ _h"HAII-"'--'_ ~1ftd~1nc. ... .. .JDS H"75 .<L -:..n.~.. ~ -:.."\. ':... 0CallP"CU( ~~_,.._~ EXHIBIT B Orkin. _.. t<.\Onl46001......I... W111..\-.rl411OO/\CAlXJ\Df'(H VAC[ CAlCl\Ol.,S,Dea.S!t. PlIIfI_Ld.. lU.STUI ~~ 20. 2OO:i .;~tom ..y. Otellll'.-.IM > I '''''''''--=''--&..~- ,......:-4'".-w.- AM_4__ -- ! ~~ 5l BOYNTON VILLAGE - SMU ~ ~ >!~ lJ~ DEVELOPER: Vl i ~~ lil 19150 CONGRESS AVENUE.l.L.C. .. BO'1N 1~ tlE.^CH n.ORIOA. -.""'" ,_... ...,... KhIIy-Ibn MASTER USABLE OPEN -"""'=':=:" ~ [J 1I1d~.~. SPACE PlAN ~..." UY ~1M7 1Ol~::'~.:':..~~J\~ o..~.. ...,m):!Al-...., 'AlIlrh>tD-.. AOoI _.~tll>>NClOII u,0IIDIIIltIt h. ftE\4SlONS ..1t ;)0'....... n_.. ,.j'\O.71~7-'t)ftt_ W....'.1141OO7\CADD\SIl. 11I.,,\..10..... MAS1t.ll .lull .1l1..1OlIS lO;oo.m "I' 0._.'.1" ..._~ ~..I&_----...._--- .._.__,.......____.__.__ -..-..___..__,_ _'_____..~__.... _..._ ,,,, EXHIBIT B I hi III II' IIlIlt ,I HIlI :~: :: I ililii I , .....1 I '11.. .. iI. II IlIIt II....... I uul I /I r"~ I iiI. til. I ~II HIlI: .. .. i ; i'~ " ! iiiiG 1,.1:1.. . I ", I . ., ~ r I.... II. Irl Iii I I 111111 I I . " It' I It :! 11' Ii OYNTON VILLAGE I TOWN CT ~ I~ ~9;~ DEVELOPER: THE SEMBLER eo. l!~ 1950 CONGRESS AVENUE, U.C. "O"'NIO~ R[At".Ji FLORIDA MASTER SITE DATA PLAN ::',y ~ ""'.n ~ "'" .-_____ ~U .........n:. MI....Of 'AT 51$87 ...<L~~-.-:.~~ Ctllau.. ..... IfnI__,. rNt ~,.,._ lt1:t.I -..........._.~CIl_ if:1V ~. EXHIBIT B Ii 16~ ~P'IIII J: :"i'~1! ~ ~ Ui d I 1 ~ I . . r I HHni~ ~@ ~iuul!2 = ::Ilii. j -, I~ B ---~-- ---- "'"'" I""""W~.&,,, i~ , I' a~'. ...-- r (j) ! '9 i~ .!,. la 11rrr. tfaMSI\ =~,... BoynIQII J'1Il.w.. =~"UI. C: ~~~~~T~~~ _,.,_ ..__=,.... -, ..". _~ _~YNrO:t:FLOkmA ~ ~ ~ . 'i ,. .r. . I i (J) Q !f ~s' ~s. ~!':l ~(fi~ ~( . ~ ~~ ij ~~ 2~~~ ~..I ~ ~ ~ ~ II w <:;! q EX IBIT B ~ ~ ..... ~ ()--() IHII $ i! nil! f Winchester - Parcel 4 & 5 WRI, LLC W1Wlj~0 lilll ~ I! ~~ Boynton Village !~ I .CD III ~ ~ i ,. . ~ Boynton Beach, Florida ~ i " , m I lri -I ~ < ~I -I 12 o , I I' ~ I I I I I I I I I I . ,-.,..,.,~ r - I-I -. ~ ~ I ~ ~ I . .1TI fl. ITn , r t rrlrl, M.. MSI\ Il::~:(..,..... ..... ] I II' ~ I ~ ~ i ~~,I ~ ... ..,~.._~==~~~:r:"'""" I, I : . EXHIBIT B -,- - -.- EXHIBIT "C" Conditions of Approval Project name: Boynton Village Parcels 4 + 5 Condos File number: CODS 05-007 Reference: 2nd review plans identified as a New Site Plan with a June 21, 2005 Planning and Zoning date stamp k' mar mg. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: 1. The trash holding area for this development will require Solid Waste trucks to X back across multiple lanes of traffic (entry to parking garage and roadway along the north and south side of the development.) Additionally the depicted orientation will take the trash close to parked cars. This is an unsafe situation. Please relocate trash holding area to address this concern. 2. A total of six trash rooms are shown on this plan. The depicted trash holding X areas do not appear to be large enough to accommodate multiple containers and still provide reasonable access by Solid Waste. Please indicate the number and size of the containers so we can evaluate the required pad sizes and our ability to perform the pickup operation. PUBLIC WORKS- Traffic Comments: 3. On the Site plans, show and identify all necessary traffic control devices such X as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 4. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 7. 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. 8. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 9. Provide the fire hydrant layout for this project with the hydrants clearly X shown. Show all water supply lines for fire protection and hydraulic calculations. Hydrant required every 500 feet of road travel and no more than 200 feet off the comer of any building. 10. Provide water supply information for this parcel. This shall include water X supply lines for hydrant and sprinkler systems and the capacity of those lines. A new flow test is required when water feeder lines connected. POLICE Comments: None X ENGINEERING DIVISION Comments: 11. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 13. Provided photometrics do not meet minimum standards. X 14. Delete the tenth note on sheet L8 regarding maintaining 5 foot clear vision X in parking areas. 15. Full Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 16. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in I DEPARTMENTS I INCLUDE I REJECT I accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 17. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the City Commission and at permit review. 18. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBe. 19. 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. 20. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 21. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 22. Buildings three-stories or higher shall be equipped with an automatic X sprinkler 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. 23. The building plans are not being reviewed for compliance with the X applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on sheetls A-I through A-26, A-31, A-32, and CH-l.. However, add to the floor space drawing a labeled symbol that identifies the location of the handicap accessible entrance doors to each building/tenant space. The location of the door/s shall match the location of the accessible entrance doors that are depicted on the site plan drawing. 24. At the time of permit review, submit details of reinforcement of walls for X the future 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. 25. To properly determine the impact fees that will be assessed for the one-story X clubhouse, provide the following: Conditions of Approval 4 I INCLUDE I REJECT I DEPARTMENTS 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 pool/clubhouse/recreation building? 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 pool/clubhouse/recreation building/lease office. 26. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 27. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 28. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. 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) 29. At time of building permit application, submit verification that the City of X Boynton 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. 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)) 30. Pursuant to approval by the City Commission and all other outside agencies, X X I DEPARTMENTS I INCLUDE I REJECT I the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 31. The full address of the project shall be submitted with the construction X documents 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. 32. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: a. Common area covered walkways; b. Covered stairways; c. Common area balconies; d. Entrance area outside of a unit; e. Storage areas (not part of a unit); f. Garages (not part of a unit); g. Elevator room; h. Electrical room; 1. Mechanical room; J. Trash room; k. Mailbox pickup and delivery area; and 1. Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 33. This structure meets the definition ofa threshold building per F.S. 553.71(7) X and 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: m. 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. n. All shoring and re-shoring procedures, plans and details shall be submitted. o. 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. 34. A two-hour fire-rated wall will be required between the parking garage and X the condominium per NFP A 88A, Section 4.1.2. 35. The vestibule to the trash room chute shall comply with the Federal Fair X Housing Act. PARKS AND RECREATION Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT Comments: 36. Irrigation must be 110% coverage. X 37. Impact Fee: 376 multifamilv units @ $656 per unit = $246,656.00 X FORESTER/ENVIRONMENTALIST Comments: 38. Map of Boundarv and Topoe:raphic Survev-Sheet 1 of 1 X Existine: Trees Manae:ement Plan The Landscape Architect should tabulate the total existing trees on the site. The 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. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 39. I recommend that the applicant preserve, where possible, all existing X desirable trees that are located within the proposed landscape buffers. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 40. Irrie:ation Plan-No Irrie:ation plan included in the submittal X The irrigation system design (not included in the plans) should be low volume water conservation using non-portable water. 41. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. X 42. Trees should have separate irrigation bubblers to provide water directly to the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.1 PLANNING AND ZONING Comments: X 43. The signature trees must have eight (8) feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. 44. Staff recommends that you submit a master sign program that shows the X number, location, dimensions, exterior finish, and color(s) of all freestanding monument silms (Chanter 2, Section 5.H.9.). The silm nrOlrram would I DEPARTMENTS I INCLUDE I REJECT I address all types of signs, which would include 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. 45. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X of the typical freestanding outdoor lighting fixture should include the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). The lighting fixture height, style, design, and illumination level shall be compatible with the building design and height and shall consider safety, function, and aesthetic value (Chapter 9, Section IO.F.I.). 46. Provide a detail of the parking structure gates indicating its dimensions, X materials used, exterior finish, and colors (Chapter 4, Section 7.D.). 47. The project is subject to the limitations and timing at which development may X proceed as outlined in the Palm Beach County Traffic approval letter or the conditions contained within the CRALLS amendment upon its adoption. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\PlanningISHARED\WPIPROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Parcel 4 & 5 Condos COUS 05-0071COA.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Mr. Casaine reiterated his understanding that the conditions would be handled in the same manner for this project as the Boynton Town Center project heard previously. Motion Vice Chair Hay moved to approve the Boynton Village request for new site plan approval in order to construct a large scale, mixed-use project consisting of 80 dwelling units, 14,541 square feet of restaurant, 10,000 square feet of office, and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the Suburban Mixed Use Zoning District (SMU), subject to all Staff Conditions of Approval with the modifications agreed to by staff. Mr. Casaine seconded the motion that passed 7-0. E. Conditional Use/New Site Plan 1. Project: Boynton Village Parcels 4 &. 5 Condos (COUS 05-07) Anthony Comparato, Kim Glas-Castro The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for Conditional Use/New Site Plan approval for 4 five-story buildings with 376 condominium units on an 8.815-acre portion of the 106.5-acre Boynton Village and Town Center site. Agent: Owner: Location: Description: Chair Wische asked the applicant's position on the 47 staff conditions of approval. James Comparato, representing Anthony Comparato from WRI, LLC, 980 North Federal Highway, Boynton Beach, stated the applicant agreed to all of the conditions of approval and thanked staff for its cooperation. Mr. Breese commented on the height setback envelope in the SMU district, saying the applicant's project far exceeded the requirements in relationship to single family residential. Chair Wische opened the floor to the public, and closed it when no one wished to speak. Motion Mr. Casaine moved to approve request for Conditional Use/New Site Plan approval for Boynton Village Parcels 4 & 5 Condos for 4 five-story buildings with 376 condominium units on 8.815- acre portion of the 106.5-acre Boynton Village and Town Center site, subject to all staff Conditions of Approval. Vice Chair Hay seconded the motion that passed 7-0. F. Conditional Use/New Site Plan 1. Project: Boynton Village Parcel 3 Condos (COUS 05-008) Anthony Comparato, Kim Glas-Castro 11 Agent: Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Location: The Klatt Family Limited Partnership and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for Conditional Use/New Site Plan approval for two 5-story buildings with 206 condominium units on a 4.384-acre portion of the 106.5-acre Boynton Village and Town Center site. Owner: Description: Chair Wische described the project, asking the applicant's position on the 44 staff conditions. James Comparato, representing Anthony Comparato from WRI, LLC, 980 North Federal Highway, Boynton Beach, stated the applicant reviewed the conditions and agreed to all of them. Ed Breese, Principal Planner, stated this was a Conditional Use due to the height associated with the stair towers and elevator shafts that far exceeded the requirements of the height setback envelope. Chair Wische opened the floor to the public, and closed it when no one wished to speak. Motion Mr. Cwynar moved to approve the request for Conditional Use/New Site Plan approval for Boynton Village Parcel 3 Condos for 2 five-story buildings with 206 condominium units on a 4.384-acre portion of the 106.5-acre Boynton Village and Town Center site, subject to all staff conditions. Mr. Baldwin seconded the motion that passed 7-0. G. New Site Plan 1. Project: High Ridge New Urban Communities (NWSP 05-016) 11m Hernandez, New Urban Communities New Urban High Ridge, LLC, George Kechriotis and Kosta Kechriotis Northwest corner of High Ridge Road and Miner Road Request for new site plan approval in order to construct 48 single-family homes and 126 townhouse units and related site improvements on an 18.44-acre parcel in a Planned Unit Development (PUD) zoning district. Agent: Owner: Location: Description: Assistant City Attorney Tokes swore in the latecomers. Chair Wische described the project, and asked the applicant's position on the 46 staff conditions. 12 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village Condominiums Parcels 4 + 5 (WR1) APPLICANT'S AGENT: Anthony Comparato, Compson & Associates and Kim Glas-Castro, Ruden McClosky AGENT'S ADDRESS: 980 North Federal Highway #200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval for the construction of four (4) five (5) story buildings at a height of 65 feet - 1 inch, to house 376 condominium units on an 8.815 acre portion of the 106.5 acre site known as Boynton Village and Town Center. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. __ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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\Boynton Village-Boynton Town Center 1\Boynton Village Parcel 4 & 5 Condos NWSP 05- 019\DO.doc f':~"'u \ n\ VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORI\. {-" Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 August 2, 200S 0 August 16, 200S 0 September 6, 200S IZ] September 20, 200S July 18, 200S (Noon.) o October S, 200S o October 18, 200S o November I, 200S o November IS, 200S September 19, 200S (Noon) August I, 200S (Noon) October 3, 200S (Noon) August IS, 2005 (Noon) October 17, 200S (Noon) .) September 6, 200S (Noon) October 31, 200S (Noon}'-'" ) . -~,,'" - ., -. -1 ,-,.. j"-;' Administrative 0 Development Plans ,- ~-J 0 New Business 0 Legal 1 ) .. 0 UnfInished Business ,,~ , 0 Presentation f'~) "J ','. ) NATURE OF AGENDA ITEM o o IZ] o o Announcement o Consent Agenda Public Hearing Bids ,I . ..oJ ;~ c:::. , "::""2 City Manager's Report RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda under Public Hearing. The Planning and Development Board recommended that the subject request be approved on August 23, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-152. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Village Parcel 3 Condos (CODS 05-008) Anthony Comparato, Kim Glas-Castro The Klatt Family Limited Partnership and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for Conditional Use/New Site Plan approval for two (2) fIve (5) story buildings with 206 condominium units on a 4.384-acre portion of the 106.5-acre Boynton Village and Town Center site. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES>&! /J/JN:: I DeveloprrLde~r"Jctor l!~ City Manager's Signature ~ ~A.IH~ ,/ Planning and Zoning Dirte'tor City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Boynton Village-Boynton Town Center I \Boynton Village Parcel 3 Condo NWSP 05-020\Agenda Item Request Boynton Village Parcel 3 CO US 05-008 9-20-0S.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-152 TO: Chair and Members Planning & Development Board Michael Rumpr\\~~ Planning & Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: August is, 2005 PROJECT: Boynton Village Condominiums Parcel 3 (WR 2) COUS 05 -008 REQUEST: Request for conditional use / new site plan approval for two (2), five (5) story buildings with 206 condominium units on a 4.384-acre portion of the 106,5-acre Boynton Village and Town Center site. PROJECT DESCRIPTION Property Owner: The Klatt Family Partnership & Klatt Enterprises, Inc. Applicant: WR 2, LLC Agent: Anthony Comparato, Compson & Associates and Kim Glas-Castro, Ruden McClosky Location: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A') Existing Land Use: Mixed Use Suburban (MX-S) Existing Zoning: Suburban Mixed Use (SMU) Proposed Use: 206 condominium units Acreage: 4.384-acre portion of the 106.5-acre parcel Adjacent Uses: North: Undeveloped land proposed for townhomes within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU), then farther north is right-of-way for the SFWMD C-16 Canal, and still farther north Boynton Village Condominiums Parcel 3 COUS 05-008 Page 2 Memorandum No, PZ 05-152 South: East: West: is Phase I of the Renaissance Commons mixed use project. Undeveloped land proposed for townhomes within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU), then farther south is right-of-way for Old Boynton Road, and still farther south is developed residential property (Poinciana West Condominiums, Vela ire and Venetian Isle single family residential subdivisions); Undeveloped land proposed for town homes within the Boynton Village and Town Center Master Plan, then farther east is the right-of-way of the LWDD E-4 Canal, and still farther east is developed single family residential (Sky Lake) with an Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-1-AA); and Right-of-way for the proposed main north/south road within the Boynton Village and Town Center Master Plan, then farther west is undeveloped land proposed for condominiums and mixed use within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Boynton Beach Mall). 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 The subject site is the location of pastureland commonly referred to as the Winchester Property. On February 15, 2005 the City Commission approved the applicant's request for a change to the land use and to rezone (LUAR 04-006) 81.814 acres of the property from Single Family Residential (R-1-AA) to Suburban Mixed-Use (SMU) and also 25 acres at the southwest corner of the parcel (LUAR 04-007) from Single Family Residential (R-1-AA) to Community Commercial (C-3). WR 2, LLC is seeking conditional use / new site plan approval for a 4.384-acre portion of the 106.5-acre parcel of land master planned as Boynton Village and Town Center. This residential project consists of two (2) five (5) story condominium buildings containing 206 dwelling units. Condominium units are allowed in the SMU zoning district. However, the SMU zoning district requires conditional use approval for buildings proposed over 55 feet in height. Therefore, this portion of the Master Plan requires conditional use approval because certain components of these five (5) story condominium buildings are proposed at 65 feet - 1 inch in height. The site plan (sheet SP-1) shows that the project would consist of three (3) proposed buildings, with buildings 1 and 2 housing the residential units and wrapping building 3, the parking structure. Boynton Village Condominiums Parcel 3 COUS 05-008 Page 3 Memorandum No. PZ 05-152 CONCURRENCY The project has been approved by the Utilities Department for potable water and sanitary sewer. Palm Beach County School District approved the Master Plan for 1,120 dwelling units. Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. Additionally, the City has petitioned the County for a CRALLS (Constrained Roadway At Lower Level of Service) designation for Old Boynton Road, Congress Avenue and the respective intersections. Palm Beach County has transmitted the Comprehensive Plan Amendment associated with the CRALLS designation to the Department of Community Affairs for review and comment prior to adoption. Formal adoption of the CRALLS would remove the requirement for certain roadway improvements, including the necessity to improve the entire segment of Old Boynton Road between Congress Avenue and Boynton Beach Boulevard to a five (5) lane section. However, even if the CRALLS is adopted by Palm Beach County, the following roadway improvements would still be required for the project: 1) Intersection improvements at Congress Avenue and Old Boynton Road, Congress Avenue and Gateway Boulevard, and Boynton Beach Boulevard and Old Boynton Road; 2) Improvement of Gateway Boulevard to six (6) lanes from Congress Avenue to High Ridge Road; 3) Improvement of Old Boynton Road to five (5) lanes from Congress Avenue to the Spine Road (the main north/south roadway within the proposed Master Plan, connecting Old Boynton Road to Gateway Boulevard), transitioning to three (3) lanes west of the E-4 Canal bridge, and continuing a three (3) lane section east to Boynton Beach Boulevard. This would also include the construction of a new three (3) lane bridge over the LWDD E-4 Canal; and 4) various access point improvements to entrances/exits to the 106.5-acre parcel (see "Exhibit C" - Conditions of Approval). The Engineering Division of Public Works reviewed the drainage plans to ensure compliance with all applicable codes and regulations regarding legal positive outfall. The conceptual plans submitted herein, are acceptable to the Engineering Division but as per staff policy, a more detailed version would be required at the time of permitting (see Exhibit "c" - Conditions of Approval). The Recreation and Parks Department indicates that the City will require dedication of sufficient land for a neighborhood park in association with the development proposed within the Master Plan. "The plan indicates approximately five (5) acres has been set aside for this use. The development of the park is estimated to be $2,000,000. Upon development of the park, the Recreation and Parks Department will require the addition of 1.0 full-time employee (FTE) at approximately $32,000 and approximately $15,000 in equipment." Police: The Police Department reviewed the subject request relative to the Master Plan as a whole and how it would impact their level of service. The Department reports, "With the projected growth for this area, additional officers for this zone will be needed to handle the increase of calls for service. 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 and projected traffic." Fire: The Fire Department reviewed the subject request and reports that Fire Station #5 should be expedited to insure adequate service delivery levels and effective response times. Additionally, a traffic light pre-empt should be pursued to aid the response of emergency apparatus on Congress Avenue. Also, upgrades in emergency dispatch capability should be made, including new technology related to CAD, GIS and AVL and adequate staffing. Boynton Village Condominiums Parcel 3 COUS 05-008 Page 4 Memorandum No. PZ 05-152 STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.0 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject projec~ as illustrated on the master plan, would be located in the northeast quadrant of the Boynton Village and Town Center development. Vehicles would enter the condominiums from one (1) point of ingress / egress, located along the major north/south road depicted on the master plan, which is intended to link Old Boynton Road with Gateway Boulevard. There are two (2) proposed entrances that directly access the parking structure, one on the north and south side of the structure. As proposed, all entrances would allow for safe vehicular and pedestrian access into the condominium building. The applicant states that ingress and egress for the project has been carefully planned to provide exemplary pedestrian access throughout the site in a safe and convenient manner. Additionally, they note that they have worked with the Fire Department in their design to adequately accommodate emergency response needs. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. One-bedroom apartment units require one and one-half (i!/2) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. The project proposes four (4) condominium buildings consisting of a total of 40 one (i)-bedroom units, 140 two (2)-bedroom units, 26 three (3)-bedroom units. Therefore, a total of 392 parking spaces would be required. The Master Site Plan Data Sheet (sheet MSD) tabular data indicates that 399 spaces or an excess of 7 spaces would be provided. All of the required parking for Parcel 3 would occur inside the parking garages (399 spaces). It should be noted that this project is just a small portion of the entire Boynton Village and Town Center Master Plan and staff reviews each component (cumulatively) to ensure compliance with code. Since the parking and waste receptacles are located within an enclosed structure, the effect on adjacent and nearby properties is greatly diminished. Boynton Village Condominiums Parcel 3 COUS 05-008 Page 5 Memorandum No. PZ 05-152 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. Each of the buildings would have a trash room proposed on the ground floor. The refuse would be contained within a room unseen from public view. However, on trash pick-up day, each dumpster would be transported to a single designated area, which is proposed at the north side of the buildings. The plan shows that the trash trucks would have enough space to maneuver around to pick up the containers because of a proposed 60-foot back up area. No trash trucks would have to enter the parking garage. Staff reviewed the plans and determined that the number, location, and orientation of the enclosures and the pick-up area are adequate for efficient trash removal. However, the onus is on the property owner(s) in making sure that on trash pick-up days, the dumpsters are transferred from their room to the ''common trash pick-up area'~ 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project However, at the time of permitting, the applicant would be required to submit a timeline that clearly illustrates when water and sewer selVices will be needed. The commencement date should start at the date of City Commission approval. Also, the applicant would be required to provide milestone dates regarding permit application, the start of construction, and the setting of the first water meter. Utilities staff would use this timeline in order to determine the adequacy of water and wastewater treatment capacity upon the projects completion (see Exhibit "c" - Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The Master Site Plan Data Sheet (sheet MSD) tabular data indicates that the pelVious area for this condominium project (Parcel 3) equals 1.823 acres or approximately 40% of the site. The landscape material would consist of a large quantity of palm trees and shrubs / groundcover, The Plant List (sheet L5 of 5) shows that the palm trees would be comprised of the following species: Coconut, Alexander, Sabal, Florida Royal, Wild Date, Montgomery, and Christmas palm trees. A note on the landscape plan indicates that 68% of the palm trees, and 50% of the shrubs would be native. In order to lessen the impact of the building height, the landscape material proposed on the facades would include 24 foot tall Royal palm trees, 21-37 foot tall Coconut palm trees, and 12-24 foot tall Sabal palms. In general, the plans meet the above-referenced standard for screening, buffering, and landscaping. Relative to buffering these five (5) story structures from the single family residential community to the east (Sky Lake), these buildings are in excess of 400 feet from any home and would have intelVening residential buildings with a height of 35 feet (proposed townhomes in the Cortina portion of the Master Plan). The Suburban Mixed Use (SMU) zoning district contains regulations establishing minimum building setbacks through the use of a "Height Setback Envelope'~ These regulations are applicable where the SMU development is adjacent to a developed single family residential zoning district. In such instances, the minimum setback shall be three (3) times the building height and shall be measured from the common boundary of the SMU and the single family residential zoning district or the midpoint of any intelVening right-of-way. The tallest element of the condominium buildings is the top of the roof over the stair tower, measuring 65 feet - 1 inch in height. Using the ''Height Setback Envelope'; three (3) times 65 feet - 1 inch equals a minimum required setback dimension of 195.25 feet, and as mentioned previously, the condominium buildings on Parcel 3 are proposed at a Boynton Village Condominiums Parcel 3 COUS 05-008 Page 6 Memorandum No. PZ 05-152 distance of over 400 feet from the single family residential homes to the east (Sky Lake), and over 330 feet from the midpoint of any intervening right-ot-way (L WDD E-4 Canal). Additionall~ buildings in excess of 55 feet in height must be separated from single family residential (Sky Lake) and arterial roadways (Congress Avenue) by another project building equal to or less than 55 feet in height. This accomplished to the east by the separation of the Condominiums from Sky Lake by 35 foot tall proposed townhomes in the Cortina portion of the Master Plan and to the west by the proposed construction of 35 foot tall outparcel buildings along Congress A venue in the Boynton Village portion of the Master Plan. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. One (1) monument sign is proposed for the proposed condominium component. The site plan (sheet SP-1) shows that the sign would be located at the main entrance off the primary north/south roadway through the master planned development The sign structure is required to be located 10 feet away from the condominium property line. The "Front & Back Elevation" detail of the monument sign (sheet A-17) shows that the wall would be six (6) feet in height and have pilaster caps on top of each column. The top of the sign would reach as high as seven (7) feet in height The actual face of the sign would have six (6) to eight (8) inch brass letters and decorative brass logo. The exterior lighting levels proposed on the photometric plans for Parcel 3 have been reviewed and approved by staff. The proposed lighting levels would not produce glare and cause unsafe driving conditions in or around the development. The applicant states that the "signs and all exterior lighting have been designed to direct their lighting pattern in a manner to achieve maximum coverage while being compatible and harmonious with adjacent properties'~ Staff concurs. 7. Required setbacks and other open spaces. The SMU zoning district requires usable open space for single-family detached, single-family attached, and all other uses. Condominiums, typically classified as multi-family residential, would be considered ''all other uses" in the SMU zoning district as it relates to usable open space. The useable open space requirement for multi-family dwellings is 20% with the condition that up to 50% of the usable open space may be hardscaped plazas and publiC gathering places. The Master Useable Open Space Plan (sheet MOS) tabular data indicates that the condominium buildings on Parcel 3 would require 0.896 acres of useable open space, and 2.198 acres or in excess of 40% is provided. The useable open space is provided through the green areas around the buildings and the two (2) large courtyards, which consist of landscaped garden areas and pool amenity. The SMU zoning district has a provision whereby buildings heights can be greater than 45 feet in height. However, those buildings exceeding 55 feet must adhere to the ''height setback envelope" limitation. The ''height setback envelope" is applicable when the SMU development is directly adjacent to a developed Single-family residential zoning district. Basicall~ the setback would be the building height multiplied by three (3). As proposed, the buildings are 65 feet - 1 inch in height and therefore, a 195.25 foot setback would be required from the Sky Lake development to the east. Scaling of the site plan indicates the buildings would be setback over 400 feet from Sky Lake, thus complying with the requirements within the SMU zoning district. Boynton Village Condominiums Parcel 3 COUS 05-008 Page 7 Memorandum No. PZ 05-152 8. General compatibility with adjacent property and other property in the zoning district. The proposed Master Plan for Boynton Village and Town Center allows for a greater integration of uses and a more innovative design for the entire property. The SMU zoning district would be compatible with the Renaissance Commons project to the north, and utilizes many of the same planning and design concepts whereby the taller structures are located centrally within the development to lessen the impacts on surrounding existing development by keeping the taller and more intense structures away from the perimeter of the property. Additionally, the property is separated from adjacent properties by roadways or canals. The proposed condominium buildings are an appropriate use for the mixed-use development contemplated for the subject site and the SMU zoning district in general. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The SMU zoning district is appropriate for low to mid-rise developments that provide for medium density residential uses. The district allows for a maximum building height of 55 feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and 75 feet measured to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use) but only as a conditional use. These condominium buildings are proposed five (5) stories tall, at 65 feet - 1 inch in overall height (top of the stailWell roof) and 60 feet - 10 inches at typical roof level. The placement within the master planned development qualifies for conditional use review (see Exhibit "c" - Conditions of Approval). The proposed building heights would not exceed the SMU zoning districts maximum height limitations and would compatible in comparison with the neighboring commercial and residential properties. The applicant states, "The height of the structures (65 feet) is located toward the center of the project to create a wedding cake approach to height. This allows lower structures on the perimeter of the SMU zoning district to shield the higher structures, which would conform to the conditions and intent of the SMU zoning district." Staff agrees. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed development is expected to substantially increase the Citys tax base. The proposed development for the site is consistent with Policy 1.19.2 of the Comprehensive Plan in that the project (as a whole) would provide both commercial and residential development, will generate a cross-section of jobs, and provide goods and services, as well as add to the range of housing opportunities in the City. According to the applicant, ''economically, the project will have a positive effect on the tax receipts of the City and provide substantially more in tax revenue than expense to the City. With the average cost of homes in excess of $300,000 each, the benefit to the City is economically advantageous. " 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. Boynton Village Condominiums Parcel 3 CO US 05-008 Page 8 Memorandum No, PZ 05-152 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed buildings would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "c" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to pull a building permit. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center\Boynton Village Parcel 3 Condos\COUS OS-008\Staff Report.doc EXHIBIT A BOYNTON VILLAGE AND BOYNTON TOWN CENTER I LOCATION MAP Local Retail CommercIal Industrial o BOYNTON CANAL ...................................................\'-...... :- ! i .. LUAR 04-006 \ i \ "~<i, \ ~'p ", (\ ~~ ~ I .. i ; = . i i i = ! i . i i = BOYNTON VILLAGE Suburban Mixed Use 81.814 acres ~ .~ GI IS o U ::::: ~ .... GI Q: ... ~ o -.l LUAR 04-007 Local Retail Com ereial 25.00 acres L_ Commercial i i i ..I...................,............J ,:Cf r- DIl 110 - ~ ~~ W+E S I I I I II I I I I I I I I i I I I !I, j m i ~ ~ I 1'1 d ,I I j= Z N < I ~ JI m Ii ~ liil I,. .. -. ._~ - , ~ ...- lr.IW'4........I_.l1f'W jMO___..--aa. .uMMaD=--==:,=,,,,,,,, ! S:, T BOYNTON VILlAGE : ~R -E oevaOPER: t, 1ft ~- 11l5OCONGRESS AVENUE,l.L.C. I .., 1Io't"N1'OH BtACH n.of(a}A SMU MASTER PLAN 1M... fl' 0-...... -II: 1I:\On14IOO'I-~l"'I" Wt.,,,Vn48007\C,,,,;l\OPlH liJ'.\Ct CAlCS\O'.......'._'I\' "'M-...... WA.SlIll ,N,..20, afIOO t;5tM1 b,. UK".I.,.. ~ -.. ........-'..-...~I..- - ,...... -- -.----..--...-..--...-'.....-...----...-.....---...w......_..._-..,..-....-__._. EXHIBIT B -- - ...:!!:!l!'_. '" - . ~..~~~~- --, I ,.,.,--..,.... -- -- I 'ii! il BOYNTON VILlAGE - SMU ~ ~ ~~ ~ DEVELOPER: ,n ~ Ii · 1950 CONGRESS AVENUE, L.L.C, I 'l OO~TON ill^CH RUtU^ ..... -.. ....... ~ us,. _(IIIISON ~_n kmIIy.fbn MASTER USABLE OPEN ""'..............__ ~r..,] 1IIdAIIDI:IIB.& r SPACE PLAN .1..1Y TAT ~1567 tr.~r~~~.....~~a....~....!.. ClltOlf\lflr IlQl ~n::LI':=~'~=-I- ~I' 'l'rYl$ltln 'OAlI 8' bra.InCl ro-n.-: M:\O'71&&OOl-lol'lIO/\ WI09I\47HIIQOI\CA.UO\Sll. ""\MSO._ WASlDl N'llo. lOG:' IIlIOOo", ~1 Otc8l,ltloe "'--'~""""-"'-_-"'_'ooI__.._,.._. ",_.........._ __ fW_,___-,__ ..'....----__11Ioo__...____....___ _-..__ EXHIBIT B I 'Ii lu fll ""~ I "In I....; -l!' cte :1 :: I iiih I I II 111l~ I.. unl I 1= . " ~ !!II~ . " J . I.i ;, II. iiIGil I ;.&'1., i I . I M & , C : . I..IUII. I MASTER SITE DATA PLAN ~~ lrJSSQ7 UOMISON ........ ~ l:Jlt u... ......._.,... ""L 1 .., AIIoaIIII&, m ......, 1". 515&7 _ce.~_~~........-:...a.I\~ 04CUIlI' .....I'~..I-,... ,..ftrt)...._ "eM _..n.......CUlII c.l.__ I~:~ UWIlONS DAlt I EXHIBIT B o 11 :; 1 -.J l ~ -It ~I ~_ I . ~ " s '\ \ I ' !Hi ~ I I ; ~ i ~ I · '0 ~~ I 11111111 t . Qj~ I · III II ~ t IIi I I I I 1--"' ~ r-=- UIZ : r I II . i ~ i I = · · i I I J . IT B ~ Ul , ~~ s' @ S. ?f 0-; ~~ II ~~ ~ No w ~ ~~ ~ ~ C2 q ~~ , ~ ~~ ~ ~~ ....... VJ ~O ~~ ~VJ Ij!'i a n i~im t; Winchester - Parcel3 WR2, LLC m~ JIll ~g 0 ,.ll ~~~ 1 ~r~ I ...... ,!Iii ;G ~ Boynton Village I~ I j f!.! l'r II : ~ Boynton Beach, Florida ~ I I' I' I, ! II I ~ ~ i I :; ~ r~m t:AN Itsll fj /'... MSI\. :1t'"'" _ .-.. I ~ l1! =nf=,,~'" ~ {g AACHrTECTS ~ - BO\'NTON BIl.I,CH, FLORIDA z ~ ... I ~ ARCHITECTURE ole PLANNING WR.2, LLC .. ,....--.. - ~.' ...... 00- ~ ~'=h"1.~-~-=___=_~. ='..._ EXHIBIT "e" Conditions of Approval Project name: Boynton Village Parcel 3 Condos File number: CODS 05-008 Reference: 2nd review plans identified as a New Site Plan with a June 21, 2005 Planning and Zoning date stamp k' mar mg. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. The trash holding area for this development will require Solid Waste trucks X to back across multiple lanes of traffic (entry to parking garage and roadway along north side of development.) This is an unsafe situation. Please relocate trash holding area to address this concern. 2. Multiple trash rooms are shown on this plan, with only a single trash X holding area depicted. Please indicate the number and size of the containers so we can evaluate the required pad sizes and our ability to perform the pickup operation. 3. Additionally the Landscape plan depicts landscaping in the trash holding X area. Please correct. PUBLIC WORKS- Traffic Comments: 4. On the Site plans, show and identify all necessary traffic control devices X such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 5. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 6. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b)). 7. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 8. 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 Conditions of Approval 2 I DEPARTMENTS jlNCLUDE I REJECT I service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 11. Provide water supply information for this parcel. This shall include water X supply lines for hydrant and sprinkler systems and the capacity of those lines. A new flow test is required when all water feeder mains are connected and accepted. POLICE Comments: None X ENGINEERING DIVISION Comments: 11. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 13. Delete the tenth note on sheet L8 regarding maintaining 5 foot clear vision X in parking areas. 14. Full Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 15. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: DEPARTMENTS INCLUDE REJECT 16. 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 City Commission and at permit review. 17. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 18. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 19. Buildings three-stories or higher shall be equipped with an automatic X sprinkler 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. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. At the time of permit review, submit details of reinforcement of walls for X the future 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. 22. Bathrooms and kitchens in the covered dwelling units shall comply with the X Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the Fair Housing Act is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water X may not, therefore, be used for landscape irrigation where other sources are readily available. 24. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 25. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. 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. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 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) 26. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: f. A legal description of the land. g. The full name of the project as it appears on the Development Order and the Commission-approved site plan. h. 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. 1. The number of dwelling units in each building. J. The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(t)) 27. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 28. The full address of the project shall be submitted with the construction X documents 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 buildin~ permit application at the time of application submittal. 29. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: k. Common area covered walkways; 1. Covered stairways; m. Common area balconies; n. Entrance area outside of a unit; o. Storage areas (not part of a unit); p. Garages (not part of a unit); q. Elevator room; r. Electrical room; s. Mechanical room; t. Trash room; u. Mailbox pickup and delivery area; and Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 30. This structure meets the definition ofa threshold building per F.S. 553.71(7) X and shall comply with the requirements ofF.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 throu~ 105.3.6. I DEPARTMENTS [ INCLUDE I REJECT I 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. 31. A two-hour fire-rated wall will be required between the parking garage and X the condominium per NFP A 88A, Section 4.1.2. 32. Sheet A-9 - A parking garage cannot be classified as an "R-2" occupancy. X Classify the structure to the correct occupancy per 2001 FBC, Chapter 3. PARKS AND RECREATION Comments: 33. Impact fee: 392 multifamily units @ $656 per unit = $257,152.00 X 34. Irrigation is to provide 110% coverage. Change on Landscape notes. X FORESTER/ENVIRONMENT ALIST Comments: 35. Map of Boundarv and TOPoi!raphic Survey-Sheet 1 of 1 X Existini! Trees Manai!ement Plan The Landscape Architect should tabulate the total existing trees on the site. The 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. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 36. I recommend that the applicant preserve, where possible, all existing X desirable trees that are located within the proposed landscape buffers. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 37. Irrii!ation Plan-No Irrii!ation plan included in the submittal X The irrigation system design (not included in the plans) should be low volume water conservation using non-portable water. 38. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. Conditions of Approval 6 I DEPARTMENTS I INCLUDE I REJECT I 39. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 40. The signature trees must have eight (8) feet of clear trunk if placed within X the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester I Environmentalist review and approval. 41. Staff recommends that you submit a master sign program that shows the X number, location, dimensions, exterior finish, and color(s) of all freestanding monument signs (Chapter 2, Section 5.H.9.). The sign program would address all types of signs, which would include 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. 42. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X of the typical freestanding outdoor lighting fixture should include the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). The lighting fixture height, style, design, and illumination level shall be compatible with the building design and height and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.1.). 43. Provide a detail of the parking structure gates indicating its dimensions, X materials used, exterior finish, and colors (Chapter 4, Section 7.D.). 44. The project is subject to the limitations and timing at which development X may proceed as outlined in the Palm Beach County Traffic approval letter or the conditions contained within the CRALLS amendment upon its adoption. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: DEPARTMENTS INCLUDE REJECT 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Parcel 3 Condo COUS 05-008\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Mr. Casaine reiterated his understanding that the conditions would be handled in the same manner for this project as the Boynton Town Center project heard previously. Motion Vice Chair Hay moved to approve the Boynton Village request for new site plan approval in order to construct a large scale, mixed-use project consisting of 80 dwelling units, 14,541 square feet of restaurant, 10,000 square feet of office, and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the Suburban Mixed Use Zoning District (SMU), subject to all Staff Conditions of Approval with the modifications agreed to by staff. Mr. Casaine seconded the motion that passed 7-0. E. Conditional Use/New Site Plan 1. Project: Boynton Village Parcels 4 & 5 Condos (COUS 05-07) Anthony Comparato, Kim Glas-Castro The Klatt Family Limited Partnership #1 and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for Conditional Use/New Site Plan approval for 4 five-story buildings with 376 condominium units on an 8.81S-acre portion of the 106.S-acre Boynton Village and Town Center site. Agent: Owner: Location: Description: Chair Wische asked the applicant's position on the 47 staff conditions of approval. James Comparato, representing Anthony Comparato from WRI, LLC, 980 North Federal Highway, Boynton Beach, stated the applicant agreed to all of the conditions of approval and thanked. staff for its cooperation. Mr. Breese commented on the height setback envelope in the SMU district, saying the applicant's project far exceeded the requirements in relationship to single family residential. Chair Wische opened the floor to the public, and dosed it when no one wished to speak. Motion Mr. Casaine moved to approve request for Conditional Use/New Site Plan approval for Boynton Village Parcels 4 & 5 Condos for 4 five-story buildings with 376 condominium units on 8.815- acre portion of the l06.S-acre Boynton Village and Town Center site, subject to all staff Conditions of Approval. Vice Chair Hay seconded the motion that passed 7-0. F. Conditional UselNew Site Plan 1. Project: Boynton Village Parcel 3 Condos (COUS 05-008) Anthony Comparato, Kim Glas-Castro 11 Agent: Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Location: The Klatt Family Limited Partnership and Klatt Enterprises, Inc. NE corner of Old Boynton Road and Congress Avenue Request for Conditional Use/New Site Plan approval for two 5-story buildings with 206 condominium units on a 4.384-acre portion of the l06.S-acre Boynton Village and Town Center site. Owner: Description: Chair Wische described the project, asking the applicant's position on the 44 staff conditions. James Comparato, representing Anthony Comparato from WRI, LLC, 980 North Federal Highway, Boynton Beach, stated the applicant reviewed the conditions and agreed to all of them. Ed Breese, Principal Planner, stated this was a Conditional Use due to the height associated with the stair towers and elevator shafts that far exceeded the requirements of the height setback envelope. Chair Wische opened the floor to the public, and dosed it when no one wished to speak. Motion Mr. Cwynar moved to approve the request for Conditional Use/New Site Plan approval for Boynton Village Parcel 3 Condos for 2 five-story buildings with 206 condominium units on a 4.384-acre portion of the l06.S-acre Boynton Village and Town Center site, subject to all staff conditions. Mr. Baldwin seconded the motion that passed 7-0. G. New Site Plan 1. Project: High Ridge New Urban Communities (NWSP 05-016) 11m Hernandez, New Urban Communities New Urban High Ridge, LLC, George Kechriotis and Kosta Kechriotis Northwest corner of High Ridge Road and Miner Road Request for new site plan approval in order to construct 48 single-family homes and 126 townhouse units and related site improvements on an 18.44-acre parcel in a Planned Unit Development (PUD) zoning district. Agent: OWner: Location: Description: Assistant City Attorney Tolces swore in the latecomers. Chair Wische described the project, and asked the applicant's position on the 46 staff conditions. 12 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village Condominiums Parcels 3 (WR 2) APPLICANT'S AGENT: Anthony Comparato, Compson & Associates and Kim Glas-Castro, Ruden McClosky AGENT'S ADDRESS: 980 North Federal Highway #200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005 TYPE OF RELIEF SOUGHT: Request conditional use/ new site plan approval for the construction of two (2) five (5) story buildings at a height of 65 feet - 1 inch, to house 206 condominium units on a 4.384 acre portion of the 106.5 acre site know as Boynton Village and Town Center. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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\Boynton Village-Boynton Town Center 1\Boynton Village Parcel 3 Condo NWSP 05-020\DO.doc VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ::':3t D Administrative D Development Plans t= '...,s ;- ..- .1 NATURE OF D Consent Agenda D New Business !'-) -- , ~- oj- .' -'. AGENDA ITEM [8J Public Hearing [8J Legal - -0 , ..:)C_._....j D Bids D UnfInished Business -,:~" D D -1\.,.-'..... Announcement Presentation -q........."' -- fT1 c:> <:2> D City Manager's Report O~) \ " c-> ::c RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request be approved on August 23,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-147. EXPLANATION: PROJECT: Boynton Dixie (ANNEX 05-003) AGENT: Weiner & Aronson, P.A. OWNER: Pineapple Grove Properties, L TD LOCATION: Northwest comer of the intersection of Gulfstream Boulevard and Old Dixie Highway DESCRIPTION: Request to annex the subject property. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: ~ Developm ent ir tor City Manager's Signature ~/'J ~uA ~ /~ ~'""'- ~ /" Planning and Zoning l{lrector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\ANEX 05-003\Agenda Item Request Boynton Dixie ANNEX 05-003 9-20-05.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, ANNEXING 8.6+/- ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY 6 LIMITS WITHIN PALM BEACH COUNTY AND 7 THAT WILL, UPON ANNEXATION, CONSTITUTE 8 A REASONABL Y COMPACT ADDITION TO THE 9 CITY TERRITORY; PROVIDING THAT THE 10 PROPER LAND USE DESIGNATION AND 11 PROPER ZONING OF THE PROPERTY SHALL BE 12 REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMULTANEOUSLY HEREWITH; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE; PROVIDING THAT 16 THIS ORDINANCE SHALL BE FILED WITH THE 1 7 CLERK OF THE CIRCUIT COURT OF PALM 18 BEACH COUNTY, FLORIDA, UPON ADOPTION. 19 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, the owner, Pineapple Grove Properties, LTD., by and through their 23 agent, Weiner & Aronson, P.A., of the property more particularly described hereinafter, has 24 heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of 25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of 26 land consisting of approximately 8.6 acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 3 0 WHEREAS, said tract of land lying and being within Palm Beach County is 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 32 annexation, constitute a reasonably compact addition to the City territory. S:\CA\Ordinances\planning\Annexations\Annexation - Pineapple Grove.doc II 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. That each and every Whereas clause is true and correct. 4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 6 unincorporated and contiguous tract of land situated and lying and being in the County of 7 Palm Beach, Florida, to wit: 8 Tract I, Replat of a portion of Gulf Stream Estates Plat No. 2 9 according to the map or plat thereof as recorded in Plat Book 16, 10 Page 11, of the Public Records of Palm Beach County, Florida. 11 12 CONTAINING APPROXIMATELY 8.6 ACRES OF LAND 13 14 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 15 and become part of the City with the same force and effect as though the same had been 16 originally incorporated in the territorial boundaries thereof. Section3: That Section 6 and 6( a) of the Charter of the City of Boynton 17 18 Beach, Florida, is hereby amended to reflect the annexation of said tract of land more 19 particularly described in Section 2 of this Ordinance. 20 Section 4: That by Ordinances adopted simultaneously herewith, the 21 proper City zoning designation and Land Use category is being determined as contemplated 22 in Section 171.162(2), Florida Statutes. 23 Section 5. All ordinances or parts of ordinances in conflict herewith are 24 hereby repealed. 25 Section 6: Should any section or provision of this Ordinance or any portion 26 thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not S:\CA\Ordinances\Planning\Annexations\Annexation - Pineapple Grove.doc " 1 affect the remainder of this Ordinance. 2 Section 7: This Ordinance shall not be passed until the same has been advertised 3 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 4 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 5 Section 8. This ordinance shall become effective immediately upon passage. 6 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 7 Circuit Court of Palm Beach County, Florida. 8 FIRST READING this _ day of ,2005. 9 SECOND, FINAL READING and PASSAGE this _ day of ,2005. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 City Clerk 28 29 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\Annexations\Annexation - pineapple Grove.doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-147 Chair and Members Planning and Development Board and Mayor and City Commission Dick Hudson, AICP Senior Planner Michael W. Rumpf Director of Planning and Zoning August 5, 2005 Boynton Dixie (ANNEX 05-003 and LUAR 05-007) Annex the property; amend the future land use designation from MR-5 (Medium Density Residential with a density of 5 du/ac [with PUD zoning]-Palm Beach County) to Medium Density Residential with a density of 9.68 du/ac; and rezone from RS single family zoning (Palm Beach County) to PUD Planned Unit Development in order to develop an 82-unit townhouse community. Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPnON Pineapple Grove Properties, L TD Pineapple Grove Properties, LTD/Weiner & Aronson, P.A. Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way)(Exhibit "A") :1:8.6 acres MR-5--Medium Density Residential with a maximum density of 5 du/ac with PUD zoning (Palm Beach County) RS--Single Family Residential (Palm Beach County) MeDR-Medium Density Residential (9.68 du/ac) PUD Planned Unit Development Townhouse community with 82 units Page 2 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie Adjacent Uses: North: Property within the City of Boynton Beach, the northeastern half of the abutting property designated MeDR and zoned R-2 Duplex Residential; the northwestern half designated LDR Low Density Residential and zoned R-1A Single Family Residential Development. The property is developed as a single-family residential neighborhood. South: The right-of-way of Gulfstream Boulevard, then property within the City of Delray Beach designated (from the southeast to southwest) Commerce (Industrial), Transitional Commercial, and LD (Low Density Residential [5 du/ac]) East: The rights-of-way of the FEC railroad and Old Dixie Highway, then property within the City of Boynton Beach designated Special High Density Residential-SHDR (20 du/ac) and zoned PUD Planned Unit Development West: Developed single family residential neighborhood within the City of Boynton Beach designated LDR and zoned R-1A EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning based on its consistency with the Comprehensive Plan, the existence of capacity to meet the service needs generated by the proposed project, and as it will serve to provide an economic contribution to both the neighborhood and the City. However, this recommendation is contingent upon further modifications to the master plan to improve the transition to, or boundary between the project and the adjacent single-family neighborhood. While the site plan for the proposed project does provide building setbacks that mirror those of adjacent development, the layout of the structures places the most intense development adjacent to the abutting and developed single- family detached neighborhood. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total :t8.6 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Master Plan Requirements The regulations for the Planned Unit Development zoning district require that a master plan/Site plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to PUD. In this instance, a request for site plan approval was submitted concurrent with the applications for annexation, land use amendment and rezoning which will serve to satisfy the requirements. Page 3 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie The sole entrance to the project is from Gulfstream Boulevard at the southeast corner of the parcel. A second access point further west on Gulfstream Boulevard is provided only for emergency access. Immediately adjacent to the entrance is a small recreation area of approximately 5,000 sq. ft. containing a swimming pool and a cabana with 708 sq. ft. under roof. A tot lot of approximately 2,700 sq. ft. provides a second recreation area and is located along the main circulation road some 300 feet from the project entrance. On the north side of the property, a vacant space of approximately 3,150 sq. ft. provides a break in the row of townhouses, and is proposed to be landscaped, although the plans show no designated purpose for this lot. Even with the possibility of some of the perimeter dwellings to install swimming pools, the recreation amenities provided to the development as a whole are minimal. By comparison, Coastal Bay Colony, with 64 townhouse units, provides a recreation area of 5,400 sq, ft. which includes a pool and a clubhouse with 1,650 sq. ft. under air; and Waterside, with 113 townhouse units, provides a S,OOO sq. ft. clubhouse adjacent to its swimming pool, in addition to two passive green spaces, one of approximately 10,000 sq. ft. includes water features, and another of 8,000 sq.ft. Forty-foot rights-of-way provide for traffic circulation throughout the proposed development. Each street section includes two ten-foot lanes of paving flanked with three-foot planting strips and four-foot sidewalks. In strategic locations, paver cross-walks are used to direct pedestrian traffic and to alert motorists. The three bedroom/two and half bath townhouse units are two-story, traditional style, with one-story garages topped with sun decks providing separation between the units. A second garage is located in the two-story portion of the structure. Maximum height of the units is 37 feet, two inches to peak of roof and 32 feet, eight inches to midpoint. Front elevations have columned double porches reminiscent of Charleston-style houses, and projecting pedimented sections. The design provides a sense of separation to the units and the articulation of the front fa~ade relieves the monotony and lowers the perceived density typical in townhouse designs. Unfortunately, the rear fa~ades are not provided with similar design variety, with one continuous row of seven units proposed with rear fa~ades facing Gulfstream Boulevard. Another unbroken strip of twelve units backs up to the single-family neighborhood to the west. Building setbacks mirror those of abutting development. On the north and west, the required 25-foot setback provides an opportunity for the units located there to have the option of a swimming pool, although the location shown for air conditioning equipment in the rear yards severely limits the size of the pool. Staff would recommend that the western building, containing 12 units be broken up to relieve the wall-like effect against the adjacent single-family development and that some design elements be added to the rear elevation of the units facing Gulfstream Boulevard to provide some visual variety and interest. Page 4 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie Review Based on Criteria 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. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review a petition against the eight (8) criteria only when the petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed. In this instance, the applicant is requesting a higher residential density than that recommended by the Comprehensive Plan; therefore, the review against the criteria is required. 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 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 subject property is west of the hurricane evacuation zone; therefore, the prohibition cited is not applicable. According to the Comprehensive Plan Future Land Use Support Document, Section VII, Problems and Opportunities, the following is recommended: "This property should be annexed into the City prior to providing water or sewer service. The portion of this parcel abutting the FEe tracks for a depth of approximately 175 feet should be placed in the Medium Density Residential land use category and R-2 zoning district, which would allow for the construction of a row of duplexes similar to that which exists further to the north, along S.E. 2nd Street. The property which lies to the west of this line should be placed in the Low Density Residential land use category and R-lA zoning district." According to these directions, that portion of the property earmarked for the Medium Density Residential designation would be eligible for development of up to 25 units (:t2.6 acres x 9.68 du/ac), and the remainder would provide another 29 units (:t6 acres x 4.84 dujac) for a development total of 54 units. By utilizing the PUD zoning, these units could be arranged with a higher density unit type being constructed along the eastern boundary of the property adjacent to the FEC right-of-way and a less-dense unit type constructed abutting the single family development to the west, or the density could be dispersed uniformly on the property. The applicant is requesting a single land use designation with a density of 9.68 du/ac and proposing a development containing 82 units utilizing the same unit type throughout. With regards to the above-cited recommendation, Policy 1.16.3 of the Land Use Element reads: "The City shall continue to enforce the land development regulations to enforce and implement the policies that regulate the use and Intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Page 5 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be conSidered as advisory." This review and update is occurring as part of the Comprehensive Plan EAR project and ultimate plan update. Policy 1.17.5 of the Future Land Use Element reinforces the recommendations and reads as follows: "The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan." While the 25-foot rear building setbacks of the townhouse units on the west side of the development do mirror those of the adjacent single family development, the monolithic nature of the structure and the uninteresting rear fa~ade of the building only serve to emphasize the difference in the density between the two areas. 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. While the proposed rezoning would be a continuation of the zoning on adjacent lands to the north, it is approximately twice as dense as that to the west. A transition in densities within the proposed development, so that lower density units were located adjacent to the single-family development, would help to ameliorate the impacts of the proposed development. c. Whether changed or changing conditions make the proposed rezoning desirable. The fact of the request for annexation of the property requires a land use amendment and rezoning of the property to City designation and zoning district make the actions necessary. The appropriateness of the future land use designation is the only question and that has been discussed above, under Criterion "b". d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Traffic analyses prepared by consultants for the applicant show that in a comparison of development of the property under current County regulations the site could yield 44 dwelling units (8.8 acres x 5 du/ac) producing 440 total daily trips. Under the City's land use designation the proposed 84 dwelling units would produce 588 daily trips for a net increase of 148 trips. The Page 6 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie project is located In the Coastal Residential Exception Area and is exempt from the requirements of the Traffic Performance Standards. Utilizing the City standards for water service of 200 gallons per day per capita, the total water service demand for the project would be 43,680 gallons per day. Sewer service demand, calculated at 90 gallons per day per capita, would be 17,086 gallons per day. 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 lQ-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. Lastly, drainage will also be reviewed in detail as part of the site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. 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. Compatibility of the density of the proposed project is discussed above. In addition, the proposed height of the structures (32' 8") is greater than those permitted in the abutting R-2 Duplex Residential district (25') and the R-1-A Single Family Residential district (30') and is certainly higher than the predominately one-story structures that exist on these properties. While PUD regulations were promulgated to give a developer a greater range of options than are permitted under development requirements for specific zoning districts, the approval of a PUD zoning should not be construed to remove all requirements related to compatibility except building setbacks. Given the relative ages of the adjacent structures, the development of the proposed project will likely not have a negative impact on their value. f. Whether the property is physically and economically developable under the existing zoning. Physically, the property could be developed in the unincorporated County under the existing land use (MR-5) and zoning and could be developed within the City under a Low Density Residential designation (the City's land use designation closest to the County's). Given the escalating prices of land east of 1-95, and indeed throughout South Florida and the proximity of the FEC railroad to the property, the development of single-family detached residences in this location may not be economically feasible. The Comprehensive Plan's recommendation for higher density along the eastern boundary was intended so that the more intense development, would serve to buffer the lower density development to the western portion from the effects of the railroad. 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 Page 7 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie Comprehensive 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. This is one of the larger single parcels available for development east of 1-95 that would not require demolition and redevelopment or assembly. No similar site is available for development with a Medium Density Residential designation. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be met at the present time; will be relatively 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 transition from the project to the adjacent single-family homes to the west, and the appearance of the project to Gulfstream Boulevard are enhanced. First, the rear facades of those buildings located along Gulfstream Boulevard should be improved to provide articulation and visual interest, essentially making them appear like the fronts of the units rather than the rear of the buildings. Secondly, the single structure containing 12 townhouse units should be altered to reduce the impact and appearance of density along the western boundary of the project. The single structure should be divided into two or more individual buildings, or set further back to allow greater separation and buffering. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\LUAR 05-007\STAFF REPORT NEW.doc LOCATION MAP Boynton-Dixie ANEX 05-003 & LUAR 05-007 Exhibit A E-eARI - 370 185 o 370 Feet Meeting Minutes Planning &. Development Board Boynton Beach, Florida August 23, 2005 Motion Vice Chair Hay moved to approve the request to amend the Land Development Regulations, Chapter 2.S, Section 9, Internal PUD standards, F. RIGHT OF WAY to allow secondary roadways within a PUD to be approved with right-of-way widths of less than 40 feet. Mr. Cwynar seconded the motion that passed 7-0. A. Annexation 1. Project: Agent: Owner: Location: Boynton Dixie (ANEX 05-003) Weiner & Aronson, P .A. Pineapple Grove Properties, L TD Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway Request to annex the subject property Description: Michael Weiner, 209 N. Seacrest Boulevard, Boynton Beach appeared on behalf of the applicant. Dick Hudson, Senior Planner, presented the annexation request first, since the land use amendment/rezoning and new site plan were dependent on passage of the annexation. Chair Wische opened the floor for the public to speak, and closed it when no one wished to do so. Ms. Jasciewicz said she was totally in favor of annexing the property and was looking forward to the development of it. She had some reservations with the site plan. Chair Wische responded that the site plan was not under consideration at that time. Ms. Jasciewicz stated that if the land use plan amendment/rezoning were approved for 82 units, her concerns would not be addressed. Motion Mr. Cwynar moved to approve the request to annex the subject property Boynton Dixie (ANEX OS-003). Mr. Baldwin seconded the motion that passed 7-0. B. Land Use Plan Amendment/Rezoning 2. Project: Agent: Owner: Location: Boynton Dixie (LUAR 05-007) Weiner & Aronson, P.A. Pineapple Grove Properties, L TD Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-S) to Medium Density Residential (MeDR) and; Description: 3 r?( \- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM D. 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 0 August 2, 2005 July ]8,2005 (Noon.) 0 October S, 2005 September 19, 200S (Noon) .~ .~~ 0 0 <: August 16, 200S August I, 200S (Noon) October 18, 200S October 3, 200S (Noon) . "- q 0 August IS, 2005 (Noon) 0 November I, 2005 r'" ) "J September 6, 2005 October 17,2005 (Noon)"_ IZJ September 20, 200S September 6, 2005 (Noon) 0 November 15, 200S .-.'1 j October 31, 200S (Noon) : ,.' ) - r" ) .- ,:..1'l 'If o Administrative o IZJ o o Announcement o City Manager's Report RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request be approved on August 23,2005. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 05-147. NATURE OF AGENDA ITEM Consent Agenda Public Hearing Bids o Development Plans o New Business IZJ o o ,.-;1 Legal Unfinished Business Presentation EXPLANATION: PROJECT: Boynton Dixie (LUAR 05-007) AGENT: Weiner & Aronson, P.A. OWNER: Pineapple Grove Properties, L TD LOCATION: Northwest comer of the intersection of Gulfstream Boulevard and Old Dixie Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5) to Medium Density Residential (MeDR); and Request to rezone from Single-family residential (RS) to Planned Unit Development (pun) for the development of 82 townhomes, recreation areas and related site improvements on 8.6-acres. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Developme k~ City Manager's Signature ~ -...ML. ~_ /" Planning and Zoning Dire6Cor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\LUAR 05-OO7\Agenda Item Request Boynton Dixie LUAR 05-007 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC LOCATION MAP Boynton-Dixie ANEX 05-003 & LUAR 05-007 Exhibit A . M-BR E-eA - 370 185 o 370 Feet " 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF PINEAPPLE GROVE 6 PROPERTIES, LTD., AMENDING ORDINANCE 02- 7 013 TO REZONE A PARCEL OF LAND LOCATED 8 ON THE NORTHWEST CORNER OF THE 9 INTERSECTION OF GULFSTREAM BOULEVARD 10 AND OLD DIXIE HIGHWAY (FEC RAILROAD 11 RIGHT-OF-WAY), AS MORE FULLY DESCRIBED 12 HEREIN, FROM SINGLE FAMILY RESIDENTIAL 13 (RS) TO PLANNED UNIT DEVELOPMENT (PUD); 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE. 16 1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 18 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 19 WHEREAS, Pineapple Grove Properties, LTD., owner of the property located on the 20 Northwest comer of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC 21 railroad right-of-way) in Boynton Beach, Florida, as more particularly described herein, has 22 filed a Petition, through its agent Weiner & Aronson, P.A., pursuant to Section 9 of Appendix 23 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of 24 rezoning a parcel of land, said land being more particularly described hereinafter, from Single 25 Family Residential (RS) to Planned Unit Development (PUD); and 26 WHEREAS, the City Commission conducted a public hearing and heard testimony 27 and received evidence which the Commission finds supports a rezoning for the property 2 8 hereinafter described; and 2 9 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 30 an amendment to the Land Use which was contemporaneously considered and approved at the S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Dixie.doc II 1 public hearing heretofore referenced; and 2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing Whereas clauses are true and correct and incorporated 7 herein by this reference. Section 2. The following described land, on the Northwest comer of the 8 9 intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way) in 10 the City of Boynton Beach, Florida, as set forth as follows: 11 Tract J, Replat of a portion of Gulf Stream Estates Plat No.2 according to 12 the map or plat thereof as recorded in Plat Book 16, Page 11, of the Public 13 Records of Palm Beach County, Florida. 14 15 16 be and the same is hereby rezoned from Single Family Residential (RS) to Planned Unit 1 7 Development. A location map is attached hereto as Exhibit "A" and made a part of this 18 Ordinance by reference. 19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 20 accordingly. 21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 2 2 repealed. 23 Section 5. Should any section or provision of this Ordinance or any portion thereof be 24 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 25 remainder of this Ordinance. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Dixie.doc II 1 Section 6. This ordinance shall become effective immediately upon passage. 2 FIRST READING this _ day of ,2005. 3 SECOND, FINAL READING and PASSAGE this _ day of ,2005. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Dixie.doc LOCATION MAP Boynton-Dixie ANEX 05-003 & LUAR 05-007 Exhibit A CI Limit . M-BR E-&A ,,/1 r:, 'r \",_...;.....,/ . (r I ('<I ''(- - 370 185 o 370 Feet TO: FROM: THROUGH: DATE: PROJECT NAMEjNUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING a. ZONING DMSION MEMORANDUM NO. PZ 05-147 Chair and Members Planning and Development Board and Mayor and City Commission Dick Hudson, AICP Senior Planner Michael W. Rumpf Director of Planning and Zoning August 5, 2005 Boynton Dixie (ANNEX 05-003 and LUAR 05-007) Annex the property; amend the future land use designation from MR-5 (Medium Density Residential with a density of 5 dujac [with PUD zoning]-Palm Beach County) to Medium Density Residential with a density of 9.68 dujac; and rezone from RS single family zoning (Palm Beach County) to PUD Planned Unit Development in order to develop an 82-unit townhouse community. Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPnON Pineapple Grove Properties, L TO Pineapple Grove Properties, L TD/Weiner & Aronson, P.A. Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way)(Exhibit "A'') i:8.6 acres MR-5--Medium Density Residential with a maximum density of 5 dujac with PUD zoning (Palm Beach County) RS--Single Family Residential (Palm Beach County) MeDR-Medium Density Residential (9.68 dUjac) PUD Planned Unit Development Townhouse community with 82 units Page 2 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie Adjacent Uses: North: Property within the City of Boynton Beach, the northeastern half of the abutting property designated MeDR and zoned R-2 Duplex Residential; the northwestern half designated LDR Low Density Residential and zoned R-IA Single Family Residential Development. The property is developed as a single-family residential neighborhood. South: The right-of-way of Gulfstream Boulevard, then property within the City of Delray Beach designated (from the southeast to southwest) Commerce (Industrial), Transitional Commercial, and LD (Low Density Residential [5 du/ac]) East: The rights-of-way of the FEC railroad and Old Dixie Highway, then property within the City of Boynton Beach designated Special High Density Residential-SHDR (20 du/ac) and zoned PUD Planned Unit Development West: Developed single family residential neighborhood within the City of Boynton Beach designated LDR and zoned R-IA EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning based on its consistency with the Comprehensive Plan, the existence of capacity to meet the service needs generated by the proposed project, and as it will serve to provide an economic contribution to both the neighborhood and the City. However, this recommendation is contingent upon further modifications to the master plan to improve the transition to, or boundary between the project and the adjacent single-family neighborhood. While the site plan for the proposed project does provide building setbacks that mirror those of adjacent development, the layout of the structures places the most intense development adjacent to the abutting and developed single- family detached neighborhood. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total :1:8.6 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Master Plan Requirements The regulations for the Planned Unit Development zoning district require that a master plan/site plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to PUD. In this instance, a request for site plan approval was submitted concurrent with the applications for annexation, land use amendment and rezoning which will serve to satisfy the requirements. Page 3 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie The sole entrance to the project is from Gulfstream Boulevard at the southeast corner of the parcel. A second access point further west on Gulfstream Boulevard is provided only for emergency access. Immediately adjacent to the entrance Is a small recreation area of approximately 5,000 sq. ft. containing a swimming pool and a cabana with 708 sq. ft. under roof. A tot lot of approximately 2,700 sq. ft. provides a second recreation area and is located along the main circulation road some 300 feet from the project entrance. On the north side of the property, a vacant space of approximately 3,150 sq. ft. proVides a break in the row of townhouses, and is proposed to be landscaped, although the plans show no designated purpose for this lot. Even with the possibility of some of the perimeter dwellings to install swimming pools, the recreation amenities proVided to the development as a whole are minimal. By comparison, Coastal Bay Colony, with 64 townhouse units, provides a recreation area of 5,400 sq, ft. which includes a pool and a clubhouse with 1,6S0 sq. ft. under air; and Waterside, with 113 townhouse units, provides a S,OOO sq. ft. clubhouse adjacent to its swimming pool, in addition to two passive green spaces, one of approximately 10,000 sq. ft. includes water features, and another of 8,000 sq.ft. Forty-foot rights-of-way provide for traffic circulation throughout the proposed development. Each street section includes two ten-foot lanes of paving flanked with three-foot planting strips and four-foot sidewalks. In strategic locations, paver cross-walks are used to direct pedestrian traffic and to alert motorists. The three bedroom/two and half bath townhouse units are two-story, traditional style, with one-story garages topped with sun decks providing separation between the units. A second garage is located in the two-story portion of the structure. Maximum height of the units is 37 feet, two inches to peak of roof and 32 feet, eight inches to midpoint. Front elevations have columned double porches reminiscent of Charleston-style houses, and projecting pedimented sections. The design provides a sense of separation to the units and the articulation of the front fa~ade relieves the monotony and lowers the perceived density typical in townhouse designs. Unfortunately, the rear fa~ades are not provided with similar design variety, with one continuous row of seven units proposed with rear fa~ades facing Gulfstream Boulevard. Another unbroken strip of twelve units backs up to the single-family neighborhood to the west. Building setbacks mirror those of abutting development. On the north and west, the required 25-foot setback provides an opportunity for the units located there to have the option of a swimming pool, although the location shown for air conditioning equipment in the rear yards severely limits the size of the pool. Staff would recommend that the western building, containing 12 units be broken up to relieve the wall-like effect against the adjacent Single-family development and that some design elements be added to the rear elevation of the units facing Gulfstream Boulevard to provide some visual variety and interest. Page 4 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie Review Based on Criteria 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. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review a petition against the eight (8) criteria only when the petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed. In this instance, the applicant is requesting a higher residential density than that recommended by the Comprehensive Plan; therefore, the review against the criteria is required. 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 manager. 777e planning department shall also recommend limitations or requiremen~ which would have to be imposed on subsequent development of the prope~ in order to comply with policies contained in the comprehensive plan. The subject property is west of the hurricane evacuation zone; therefore, the prohibition cited is not applicable. According to the Comprehensive Plan Future Land Use Support Document, Section VII, Problems and Opoortunities, the following is recommended: "This property should be annexed into the City prior to providing water or sewer service. The portion of this parcel abutting the FEC tracks for a depth of approximately 17S feet should be placed in the Medium Density Residential land use category and R-2 zoning district, which would allow for the construction of a row of duplexes similar to that which exists further to the north, along S.E. 2nd Street. The property which lies to the west of this line should be placed in the Low Density Residential land use category and R-1A zoning district." According to these directions, that portion of the property earmarked for the Medium Density Residential designation would be eligible for development of up to 25 units (:1:2.6 acres x 9.68 du/ac), and the remainder would provide another 29 units (:1:6 acres x 4.84 du/ac) for a development total of 54 units. By utilizing the PUD zoning, these units could be arranged with a higher density unit type being constructed along the eastern boundary of the property adjacent to the FEC right-of-way and a less-dense unit type constructed abutting the single family development to the west, or the density could be dispersed uniformly on the property. The applicant is requesting a single land use designation with a density of 9.68 du/ac and proposing a development containing 82 units utilizing the same unit type throughout. With regards to the above-cited recommendation, Policy 1.16.3 of the Land Use Element reads: "The City shall continue to enforce the land development regulations to enforce and implement the policies that regulate the use and Intensity, and other characteristics for the development of specific areas, as set forth In the Land Use Problems and Page 5 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." This review and update is occurring as part of the Comprehensive Plan EAR project and ultimate plan update. Policy 1.17.5 of the Future Land Use Element reinforces the recommendations and reads as follows: "The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan." While the 25-foot rear building setbacks of the townhouse units on the west side of the development do mirror those of the adjacent single family development, the monolithic nature of the structure and the uninteresting rear fa~ade of the building only serve to emphasize the difference in the density between the two areas. 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. While the proposed rezoning would be a continuation of the zoning on adjacent lands to the north, it is approximately twice as dense as that to the west. A transition in densities within the proposed development, so that lower density units were located adjacent to the single-family development, would help to ameliorate the impacts of the proposed development. c. Whether changed or changing conditions make the proposed rezoning desirable. The fact of the request for annexation of the property requires a land use amendment and rezoning of the property to City designation and zoning district make the actions necessary. The appropriateness of the future land use designation is the only question and that has been discussed above, under Criterion "b". d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Traffic analyses prepared by consultants for the applicant show that in a comparison of development of the property under current County regulations the site could yield 44 dwelling units (8.8 acres x 5 du/ac) producing 440 total daily trips. Under the City's land use designation the proposed 84 dwelling units would produce S88 daily trips for a net increase of 148 trips. The Page 6 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie project is located in the Coastal Residential Exception Area and is exempt from the requirements of the Traffic Performance Standards. Utilizing the City standards for water service of 200 gallons per day per capita, the total water service demand for the project would be 43,680 gallons per day. Sewer service demand, calculated at 90 gallons per day per capita, would be 17,086 gallons per day. 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 la-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. Lastly, drainage will also be reviewed in detail as part of the site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. 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. Compatibility of the density of the proposed project is discussed above. In addition, the proposed height of the structures (32' 8") is greater than those permitted in the abutting R-2 Duplex Residential district (25') and the R-I-A Single Family Residential district (30') and is certainly higher than the predominately one-story structures that exist on these properties. While PUD regulations were promulgated to give a developer a greater range of options than are permitted under development requirements for specific zoning districts, the approval of a PUD zoning should not be construed to remove all requirements related to compatibility except building setbacks. Given the relative ages of the adjacent structures, the development of the proposed project will likely not have a negative impact on their value. f. Whether the property is physically and economically developable under the existing zoning. Physically, the property could be developed in the unincorporated County under the existing land use (MR-5) and zoning and could be developed within the City under a Low Density Residential designation (the City's land use designation closest to the County's). Given the escalating prices of land east of 1-95, and indeed throughout South Florida and the proximity of the FEC railroad to the property, the development of single-family detached residences in this location may not be economically feasible. The Comprehensive Plan's recommendation for higher density along the eastern boundary was intended so that the more intense development, would serve to buffer the lower density development to the western portion from the effects of the railroad. 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 Page 7 File Number: ANEX 05-003--LUAR 05-007 Name: Boynton Dixie Comprehensive 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. This is one of the larger single parcels available for development east of 1-95 that would not require demolition and redevelopment or assembly. No similar site is available for development with a Medium Density Residential designation. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be met at the present time; will be relatively 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 transition from the project to the adjacent single-family homes to the west, and the appearance of the project to Gulfstream Boulevard are enhanced. First, the rear facades of those buildings located along Gulfstream Boulevard should be improved to provide articulation and visual interest, essentially making them appear like the fronts of the units rather than the rear of the buildings. Secondly, the single structure containing 12 townhouse units should be altered to reduce the impact and appearance of density along the western boundary of the project. The single structure should be divided into two or more individual buildings, or set further back to allow greater separation and buffering. ATrACHMENTS S:\Planning\SHARED\WP\PROJECfS\Boynton Dixie\LUAR OS-007\STAFF REPORT NEW.doc LOCATION MAP Boynton-Dixie ANEX 05-003 & LUAR 05-007 Exhibit A SITE ==- - 370 185 o 370 Feet Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Motion Vice Chair Hay moved to approve the request to amend the Land Development Regulations, Chapter 2.S, Section 9, Internal PUD standards, F. RIGHT OF WAY to allow secondary roadways within a PUD to be approved with right-of-way widths of less than 40 feet. Mr. Cwynar seconded the motion that passed 7-0. A. Annexation 1. Project: Agent: Owner: Location: Boynton Dixie (ANEX 05-003) Weiner & Aronson, P.A. Pineapple Grove Properties, L TD Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway Request to annex the subject property Description: Michael Weiner, 209 N. Seacrest Boulevard, Boynton Beach appeared on behalf of the applicant. Dick Hudson, Senior Planner, presented the annexation request first, since the land use amendment/rezoning and new site plan were dependent on passage of the annexation. Chair Wische opened the floor for the public to speak, and closed it when no one wished to do so. Ms. Jasciewicz said she was totally in favor of annexing the property and was looking forward to the development of it. She had some reservations with the site plan. Chair Wische responded that the site plan was not under consideration at that time. Ms. Jasciewicz stated that if the land use plan amendment/rezoning were approved for 82 units, her concerns would not be addressed. Motion Mr. Cwynar moved to approve the request to annex the subject property Boynton Dixie (ANEX OS-003). Mr. Baldwin seconded the motion that passed 7-0. B. Land Use Plan Amendment/Rezoning 2. Project: Agent: Owner: Location: Boynton Dixie (LUAR 05-007) Weiner & Aronson, P.A. Pineapple Grove Properties, L TD Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-S) to Medium Density Residential (MeDR) and; Description: 3 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Request to rezone from Single-family Residential (RS) to Planned Unit Development (PUD) for the development of 82 town homes, recreation areas and related site improvements on B.6-acres. Dick Hudson, Senior Planner, reported that staff recommended approval of this item based on consistency with the Comprehensive Plan, existence of capacity to meet the service needs generated by the proposed project, and because it would make an economic contribution to the neighborhood and the City; however, this recommendation was contingent on further modifications to the Master Plan or site plan to improve the transition to or boundary between the project and the adjacent single family neighborhood and also to present a better view toward the street. Michael Weiner, appearing for the applicant, stated that since it was going to be discussed in connection with the site plan, he wanted to reserve his comments, saying only that there was substantial agreement between the applicant and staff and that the applicant would deal with the few things still under discussion. Chair Wische opened the floor to the public, and closed it when no one came fOlWard. Mr. Saberson was not in favor of this application because of the density. He had spoken at other times about his interest in protecting single-family subdivisions and the proposed density was going from S units an acre to almost 10 units an acre. The applicant was maximizing the density to the greatest extent possible. He referred to existing polides in the Comprehensive Plan that called for having lower densities next to single-family residential and higher densities next to the road. An approval of this project would be in direct conflict with that. Another policy was quoted that says, "The City shall continue to maintain and improve the character of existing single-family and lower density neighborhoods by preventing conversions to higher densities, except when consistent with adjacent land uses." This high-density project would be inconsistent with adjacent land uses and he could not support the request. He would consider approving it if the applicant came in with a plan that was more protective of the single-family adjacent neighborhood. Motion Mr. Cwynar moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-S) to Medium Density Residential (MeDR). Mr. Baldwin seconded the motion that passed S-2, Ms. Jasciewicz and Mr. Saberson dissenting. Motion Mr. Cwynar moved to approve the request to rezone from Single Family Residential (RS) to Planned Unit Development (PUD) for the development of 82 town homes, recreation areas and related site improvements on 8.6-acres. Vice Chair Hay seconded the motion that passed S-2, Ms. Jasdewicz and Mr. Saberson dissenting. A. New Site Plan 3. Project: Agent: Boynton Dixie (NWSP 05-024) Weiner & Aronson, P.A. 4 VIII.-PUBLIC HEARING ITEM E. 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18,2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon) [gJ September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [gJ Legal ~~. 'j 0 Bids 0 UnfInished Business . -:::~ 0 Announcement 0 Presentation 0 CJ City Manager's Report :!J:~' . '_k._~ RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda::under__ c:; Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject r~est"bt;:-= approved on August 30, 2005 and the Planning and Development Board recommended approval on August 23, 4095. ~ initiated this amendment to update our planned district regulations to support flexibility in project design and specifitally.~ accommodate projects designed according to "New Urbanism" principles with roadways sized in scale with the residential :::: project and the function that each serves. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-129. EXPLANATION: PROJECT: AGENT: CODE SECTION Rights-of-way in PUD Planned Unit Developments (CDRV 05-014) Staff-initiated Part III Land Development Regulation, Chapter 2.5 Planned Unit Development, Section 9-F Request to amend the Land Development Regulations, Chapter 2.5, Section 9. Internal PUD standards, F. RIGHTS OF WAY to allow secondary roadways within a PUD to be approved with right-of-way widths ofless than 40 feet. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Develo u~~ City Manager's Signature L~ anh!l~t"'~~ttorney / F"""ee / Human Re,omee, S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-014 R-O-W in PUDs\Agenda Item Request R-O-W Widths in PUDs CDRV 05-014 9- 20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 ORDINANCE NO. 005 - 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 THE LAND DEVELOPMENT REGULATIONS, 6 CHAPTER 2.5, "PLANNED UNIT DEVELOPMENT" 7 ("PUD"), SECTION 9-F, "RIGHT OF WAY", TO 8 PROVIDE FOR SECONDARY ROADWAYS WITHIN A 9 ' PUD TO BE APPROVED WITH RIGHT-OF-WAY 10 WIDTHS OF LESS THAN 40 FEET; PROVIDING FOR 11 CONFLICTS, SEVERABIILTY, CODIFICATION AND 12 AN EFFECTIVE DATE. 13 14 WHEREAS, City Administration, in an effort to address concerns from property 15 owners and developers with respect to the ability to design developments that recognize that 16 the widths of rights-of-way should be in scale with the surrounding development, proposes to 17 permit the construction of rights-of-way with widths of less than 40 feet within developments 18 zoned as Planned Unit Developments ("PUD"); and 19 WHEREAS, the City commission deems it to be in the best interest of the citizens 20 and residents of the City to amend the Code of Ordinances to reflect this change; 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, THAT: 23 Section 1. That Chapter 2.5, "Planned Unit Development," Section 9(F), "Rights 24 of Way" of the Land Development Regulations, is hereby amended by adding the words and 25 figures in underlined type, as follows: 26 F. RIGHTS-OF-WAY8. The minimum width ofa right-of- 27 way for a principal street in a PUD is forty (40) feet. In the 28 event of a confliot ':lith this seotion and any other provisions of 29 the City's Land Development RegulatioFls regulating the width 30 of the right of ways, this seetion shall prevail. Privately owned 31 streets providing secondary vehicular circulation internal to the 32 PUD may be considered for approval with rights-of-way and 33 pavement widths less than the requirements state in the City's 34 Land Development Regulations: however, in no case shall 35 health, safety, welfare, or efficiencies of public services be 36 i eopardized. 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 II 1 2 Section 2. Each and every other provision of Chapter 2.5, Section 9, of the Land 3 Development Regulations, not herein specifically amended shall remain in full force and 4 effect as previously enacted. 5 Section 3. All ordinances or parts of ordinances in conflict herewith be and the 6 same are hereby repealed. 7 Section 4. Should any section or provision of this ordinance or portion hereof, any 8 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 9 such decision shall not affect the remainder of this ordinance. 10 Section 5. Authority is hereby granted to codify said ordinance. 11 Section 6. This ordinance shall become effective immediately upon passage. 12 FIRST READING this _ day of , 2005. 13 SECOND, FINAL READING AND PASSAGE this day of 14 ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (CITY SEAL) S:\CA\Ordinances\Planning\Right of Way Width (PUD).doc 2 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMsION MEMORANDUM NO. PZ 05-129 TO: FROM Chair and Members Planning and Development Board, Community Redevelopment Agency Board, Mayor and City Commission Dick Hudson, AICP ~ Senior Planner "YlW Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: July 18, 200S SUBJECT: Rights-of-way in PUDs CDRV OS-014 NATURE OF REOUEsT Staff is proposing amendments to the Land Development Regulations, Chapter 2.5 Planned Unit Developments, Section 9. Internal PUD standards. F. RIGHTS OF WAY, to add the following: "PrivatelY owned streets orovidinQ secondary vehicular circulation internal to the PUD may be considered for aooroval with rights-of-way and oavement widths less than the reQuirements stated in the city's Land Develooment ReQulations: however. in no case shall health, safety. welfare, or efficiencies of public services be leooardized." BACKGROUND Currently, the language in the Land Development Regulations, Chapter 2.S Planned Unit Developments, Section 9. Internal PUD standards. F. RIGHTS OF WAY, reads as follows: "F. RIGHT-OF-WAYS. The minimum width of a right-of-way in a PUD is forty (40) feet. In the event of a conflict with this section and any other provisions of the City's Land Development Regulations regulating the width of the right-of-ways, this section shall prevai1." This requirement leaves no opportunities for one-way streets, service roads or common driveways of any lesser widths. Site plans for developments based on "New Urbanism" principals are being submitted that are proposing elements of internal circulation with pavement widths and rights-of-way less than the 40-foot requirement. These circulation elements include one-way streets and shared rear-access driveways (alleys); however, because of the restrictive language in the PUD regulations, these cannot be considered for approval. There is no similar problem with the Infill PUD regulations, since language in those development standards permits narrower rights-of-way at the discretion of the City Engineer. Page 2 CDRV 05-014 Rights-of-way in PUDs ANALYSIS Staff has researched a number of development regulations across the country in an attempt to find standards that would be applicable in all cases and in particular, would accommodate the types of site plans that are being submitted. One example is the Heritage Club site plan for the redevelopment of the Gulfstream Mall, where a one-way service drive with a 34-foot width is proposed on the north side of the site. Another example will be seen in the High Ridge development, where streets with proposed rights-of-way of 20 feet would provide access to garages behind the Single-family residences. The publication, "Residential Streets, Third Edition, published by the Urban Land Institute in conjunction with the American Society of Civil Engineers, the Institute of Transportation Engineers, and the National Association of Home Builders recommends right-of-way widths ranging from 34 feet, for low volume local streets, up to 62 feet for collector streets. The Smartcode, copyrighted by Andres Duany and Elizabeth Plater-Zyberk, shows recommended rights-of-way ranging from 20 feet, for alleys or lanes, up to 60 feet for urban streets with parking on both sides. Other codes range from a standard of 30 feet minimum to 60 feet minimum. The typical 40-foot right-of-way is expected to provide for two-way traffic with pavement widths ranging from 22 to 34 feet, in addition to sidewalks (where required) and drainage facilities. Logically, the ultimate right-of-way for any street would take into account a number of factors: the minimum pavement width necessary to support the average daily traffic volume, on-street parking needs; access for emergency, maintenance, and service vehicles; pedestrian accommodations; landscaping; and, utility lines. When these considerations can be accommodated in a right-of-way of less than a 40-foot width, the City Engineer should be able to require less, which current language prohibits. This proposed amendment language has been drafted through a collective effort with the Engineering staff, and will provide appropriate flexibility, which is a major characteristic of planned unit development zoning. RECOMMENDATION Proposed code amendments are attached as "Exhibit A". It is staff's opinion that the proposed amendments are the minimum necessary to achieve the desired results by allowing the City Engineer to decide the minimum rights-of-way necessary to for secondary circulation, while protecting the health, safety, welfare and efficiencies of providing public services; therefore staff recommends that the proposed amendments be carried forward to the Planning and Development Board and the Community Redevelopment Agency Board for their review and comments prior to ultimate and final review by the Commission. Exhibits S:\PLANNING\SHARED\WP\SPECPROJ\CODE REVIEW\CORV 05-014 R-O-W IN PUDS\CDRVSTAFFREPT.DOC Exh i bit "A" Proposed Amendments Chapter 2. t Planned Unit Developments, Section 9. Internal PUD standards. . . F. RIGHTS.-OF - W A Y8. The minimum width of a right-of-way for a principal street in a PUD is forty (40) feet. In the event of a oonfliet ':lith this seetion and llfl)' other provisions of the City's Land Deyelepmeflt Regulations regulating the ':Iidth of the right of ways, this seetion shall pr€l'"/ail. Privately owned streets providing secondary vehicular circulation internal to the PUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations: however. in no case shall health. safety. welfare. or efficiencies of public services be ieopardized. S:\PlanningISHAREDIWPISPECPROJ\CODE REVIEWlCDRV 05-014 R-O-W in PUD.ICode Language.doc 6. OLD BUSINESS --..,~ IIfinutes Plan . 8 "'''9 8. Oelfe/OPlJle"t Board oY"to" BeaCh, Florida fd Breese, Principal Planner r CommiSSion at its August 2, 200S :~~. on the Planning ancJ ZOning items heard by the 7he KnollwOocJ annexation la d reading. , n USe, ancJ reZoning Were apPI"oVed on secOfld The height approllal for Bethesda H . 7he site Plans for Children's S oSP/tal wasapProVed On second reading. apProVed. etwces CoUnCil and Interstate Signcrafters Were J::e GelTityre~Oning Was apprOVed On second reading. th e COhmmlsslon denied the itern Pertaining to colors oroug fares. Of bUildingS on major . AUgUst 23, 2005 . . . . None 7. NEW BUSINESS Assistant Oly Attorney TOlces administ~ the oath to a/I Persons Who WOUld be testffi'in dllnng the PlIbltc heanng. . T' '!l I. ~(heard Ollt or order by CVnsent orihe board) 1. Project: Agent: Location: Description: Mr. CWynar asked What affect this had on Water/seWer~ 0 r . that if they Were part of the ri9ht"'Of-way, Width Would be~~ ':o%,,:~. Mr. HUdson tepJ'ed Chair IWSChe 0fJened the flOOr lOr the PlIblic to -'Peak and "'-'d it "',J..,o'/} n. ~ to -'Peak , .. '''... 0 one came 'WWant R-()..IY lYidths In PIIOs (CORV 05-014) Staff initiated PlanlJecJ Unit DevelOPment ZOning District ReqlJest to amend the I.4nd DeveloPment RegUlations, Chapter 2.5, Section 9, Intemal PUO standatc/s, F. RIGHT OF WAY to allow secondary toadways Within a PlIo to be apProVed With right- Of-way Widths of less than 40 feet. ::~ H~DsSenior Planner, sa~d '!'is Was a :>t'ff-initiated COde reWew item dealing With rights ~y In . A statement e>ots In the Zomng COde that says the minimum right-or-wa in a :~~ ~ f"'::"t_S~ff founcJ a on,,:way street With an eleven-foot paVement Width still reciwtecJ 00 ."g 0 Way. Staff believes the CIty Engineer neec/s the disCtetion to na?,>wer nght-or-way When it Would not enclanger the health, sat;,ty Or liVeIfare o:~c a :;,":!' S)lSterns. 7he PI"oPosed language is fOUnd in Exhibit A on the last page of the sta; 2 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 23, 2005 Motion Vice Chair Hay moved to approve the request to amend the Land Development Regulations, Chapter 2.5, Section 9, Internal PUD standards, F. RIGHT OF WAY to allow secondary roadways within a PUD to be approved with right-of-way widths of less than 40 feet. Mr. cwynar seconded the motion that passed 7-0. A. Annexation Description: Boynton Dixie (ANEX 05-003) Weiner & Aronson, P.A. Pineapple Grove Properties, L TD Northwest comer of the intersection of Gulfstream Boulevard and Old Dixie Highway Request to annex the subject property 1. Project: Agent: Owner: Location: Michael Weiner, 209 N. Seacrest Boulevard, Boynton Beach appeared on behalf of the applicant. Dick Hudson, Senior Planner, presented the annexation request first, since the land use amendment/rezoning and new site plan were dependent on passage of the annexation. Chair Wische opened the floor for the public to speak, and closed it when no one wished to do so. Ms. Jasciewicz said she was totally in favor of annexing the property and was looking forward to the development of it. She had some reservations with the site plan. Chair Wische responded that the site plan was not under consideration at that time. Ms. Jasciewicz stated that if the land use plan amendment/rezoning were approved for 82 units, her concerns would not be addressed. Motion Mr. cwynar moved to approve the request to annex the subject property Boynton Dixie (ANEX 05-003). Mr. Baldwin seconded the motion that passed 7-0. B. Land Use Plan Amendment/Rezoning Description: Boynton Dixie (LUAR 05-007) Weiner & Aronson, P .A. Pineapple Grove Properties, L TD Northwest comer of the intersection of Gulfstream Boulevard and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5) to Medium Density Residential (MeDR) and; 2. Project: Agent: owner: Location: 3 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY AUGUST 9, 2005 MEmNG CONnNUED TO TUESDAY, AUGUST 30, 2005 IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson lll1man, Vice Chairperson James Barretta Alexander DeMarco Don Fenton Marie Horenburger (arrv'd. 6:36 p.m.) Steve Myott Doug Hutchinson, CRA Director Ken Spillias, Board Attorney I. Call to Order Chair Heavilin called the meeting to order at 6:32 p.m. II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. III. Public Hearing Old Business A. Code Review 1. Project: Agent: Code Section: R-O-W Widths in PUDs (CDRV 05-024) Staff-initiated Part III Land Development Regulations, Chapter 2.5 Planned Unit Development, Section 9.F Request to amend the Land Development Regulations, Chapter 2.5, Section 9, Internal PUD standards, paragraph F. RIGHT OF WAY to allow secondary roadways within a PUD to be approved with right-Of-way widths of less than 40 feet. Description: Dick Hudson, Senior Planner, said this was a staff-initiated code review item dealing with rights of way in PUDs. A statement in the zoning code says the minimum right-of-way in a PUD is 40 feet. Staff found a one-way street with an eleven-foot pavement width still required a 40-foot right-Of-way. It was the opinion of staff that the City Engineer needs the discretion to accept a narrower right-of-way when it would not endanger the health, safety, or service delivery systems. Mr. Fenton asked if this would apply to all PUDs going forward and Mr. Hudson responded that it would. Meeting Minutes Continuation of August 9, 2005 Meeting Boynton Beach, Florida August 30, 2005 Staff asked the CRA to recommend this Land Development Regulations change to the City Commission. Chair Heavilin opened the floor to the public to speak, but closed it when no one came folWard to do so. Motion Mr. Fenton moved to recommend approval of the request to amend the Land Development Regulations, Chapter 2.5, Section 9, Internal PUD standards, paragraph F. RIGHT OF WAY to allow secondary roadways within a PUD to be approved with right-of-way widths of less than 40 feet. Vice Chair Tillman seconded the motion that passed 6-0. Chair Heavilin welcomed Mayor Taylor and his wife to the meeting. IV. Pulled Consent Agenda Items v. Old Business These items were addressed during the August 9,2005 portion of the meeting. VI. New Business A. Consideration of Interlocal Agreement for the Old High School Adaptive Re-Use Mr. Hutchinson had discussions with the City concerning the CRA heading up the renovation of the old high school. The CRA would form partnerships, submit a plan for the City's ratification, and underwrite some seed money for matching to move the project forward. The Board Attorney had drafted an agreement between the CRA and the City and the members had a copy. A provision was included in the contract that would allow the CRA to turn the building back over to the City if it decided to do so. The funding for this was changed from $750K down to $550K in anticipation of an adjustment to the CRA budget. If the budget changes this, the agreement would be amended to follow the wishes of the board. Mr. Fenton thought this item should be postponed until the budget was passed. Mr. Hutchinson responded that there was no mention of eliminating this project at the budget workshop, but he would do so if the Board wanted it. Chair Heavilin commented that the first year only called for an expenditure of $50K and Mr. Hutchinson confirmed it. She thought the item did not need to be postponed because that was available in the budget. She would prefer to go ahead and get started on it. Motion Mr. Fenton moved to defer consideration of the City/CRA Agreement on the Adaptive Reuse of the Old High School until after the budget is passed. Ms. Horenburer seconded it for discussion only. Ms. Horenburger asked Mr. Hutchinson about the $50K for the project. Mr. Hutchinson stated that $50K was the amount allocated to start the project in the current budget year. Staff felt this was all that could be done for this year. During the next budget year, staff was proposing an expenditure of $500K. Ms. Horenburger asked if this would come out of bond proceeds or the ~ Q(.... XII. - LEGAL ITEM A.l 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 0 August 2, 2005 July 18, 2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report ~'. , . -~ .. '. c.....-:, RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agend~der ,I Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing all(' Legal; ';; Ordinance - First Reading on September 6,2005. For further details pertaining to the request, see attached Departmi:mt ()t!; Development Memorandum No. PZ 05-143. :.,~ (:) c:; --rJ <,c::; ::.:::::''1 t.., .J..,......... iC1;:; c..n [,.) EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Uptown Lofts @ Boynton Place (Gulfstream Lumber) (ABAN 05-003) James Vitter, Kimley-Horn Associate, Inc. Gulfstream Lumber Northwest comer of Woolbright Road and Federal Highway Request for abandonment of a portion of a 50-foot right-of-way (SE 3rd Street of f.k.a. Alden Street) PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature Develo IWl.. Planning and Zoning Dir or City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Gulfs earn Lumber\Uptown Lofts at Boynton Place\ABAN 05-003\Agenda Item Request Uptown Lofts @Boynton PI ABAN 05-003 2nd reading 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05- ( L-11 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, adjacent 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 authOlized 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:\CA\Ordinances'Abandonments\SE 3ro Street 05-003.10c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this &'vh day of ~5z/"/"i:>if/I!~K, 2005. SECOND, FINAL READING AND PASSAGE THIS ___day of ----, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:ICAIOrdioanceslAbandonmentslSE 3rd Street 05-003.doc TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-143 Chairman and Members . Community Red~genCy Board Michael W. Rumpf Planning and Zoning Director Hanna Matras Planner July 28, 2005 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. 12th 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 ant] its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - South - East West the continuation of the right-of-way for S.E. 3rd Street, further north the right-of-way for S.E. 12th Avenue; the property of a proposed Uptown Lofts at Boynton Place development, designated Mixed Use (MX) and zoned MX-L (Mixed Use-Low); the property of a proposed Uptown Lofts at Boynton Place development, designated Mixed Use (MX) and zoned MX-L (Mixed Use-Low); and 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. 12'h 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 froposed 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 Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Com cast) Approval with conditions (see Exhibit "0") No objection No objection Approval with conditions (see Exhibit "0") 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. 12th 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 "0" - 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:\PIannlngISHAREDIWPIPROJECTSIGulfstream Lumber\Uptown Lofts at Boynton PlacelABAN OS.o03\Staff ReportGulfstreamLumberABAN.doc Exhibit "A" SE 3rd Street Abandonment ..' s o ~ ~ 00 _ ~ Feel . Exhibit "B" =1.: 12t.loy 2005-1: 3Spm Plotted by. <Srlan.Ovr1> n.: $: \OULFSTREAM LUMBER YAAD\CAOD\SUR'RV\VACEASE3-0-05.dW9 Imalln: RONALD STREET I c: ~ !: c: --I Z Z - - - - - - - ", -- " 1'.)0 I r- , Oool ~ )>- 01 01 c: ool 1'.)0 ~5 ~O 0 .... 0 i:ll '" Z ool VIool ", ool ool I'.) CD ~ ", ~ --'6 I e CDool M C E NTRAL PAR K I ~ Z r- CD ~OJ )>- P LA T BOO ~ 1 2 . P AGE 1 2 ~ ~~ Z ~~ ....0 01 VI::O e OIool g ciz q'" CIl "'ool I I ~;:!2 _I"" ....6 ~ IT\ ....6 en r-CIl 6'" ....0 O1ool Olool I :x: ..... --.r- m 0'" ool ~~-~ ool' ....0 ~ ~~ ....0. ... ::00 CIl~ 0 '" 0 Z' -- (') (') ~g c: gj~ ~)>- ~ - .... 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IIlZ?,:: c:oJ :J: - \l!3!/II z~ ~ ~~21 ~'" $il > :i!m::v CJ~ J;; I illS/a! ~'" C"l CO) l$l:lE1Il oa ~ ~ g~~ ~ill a -< ''''~ Q!6 ~ ~~:.:( .~ ~ ~ ~Liii e ~ Gl J'>m z ~ !a ~ ~ 52 JIl -l ' Ul l';c m Z .~ illi ~ ~ i!l 8% _: ill", J'> 8 2 ~~ ~ Z ~ "l... ~ ~ CO) ",:J: -< ~ ~~ ~ I ~ ~li\ ~ o 2e 0 ~ ~~ l-l ~ ~~ III ~ ~ i~ ~. ~ I I ;V~~I'1;V I ~a p~ ~ilnp I i I: ~!ei-l~-l~ ~ ." $il ~ ~ !ll~ ~ 2 J Z '" -< ~ i;!;; ~ Z5 iii ~ p N $I) ~ in 5fI ;0 z p t 1"1 ClWII1lWIM~YND ~IIACH MM IIAoCH 0CIIIftY. PUlII>>. J'II'.I It IllII IJlg filII.; 'B Exhibit "C" ..... .s. 2006 ,..1~6t.... 4wt COHClJlf 2. 11.._...., CAOO\COHCEPf\c<ltlcr:::.:~ .. __I .f__ Dr....... ftOl'!'l" ~~~OO~..............._..., -.... .......... .. - --..; b)l 8tfl~~.~ ____~.,........ -'" IloMnf"'.....,...-W_ p, 1;1~ ,; III !-t I ....' If II If I III [ I, :~II :i I II~ 1>_ :lli I~' ~_J. ~" --~~~~cccc_~ --<. -:::::= ---- --V7r.'1lrQ~.<frll15".""r".lfr~~ l---____._ 1::7 :i!:" ~--__. ' "--' ~.".::... '" -=,::::=~~-::.~--=:: """en:; "" ___~~__~~ "~ ... "... - ", , -- :i a . I I . I..J( fIIPf IlfJi liij i'lfll, If Ii I ~~II~II ;- . ,m 'T"'f'IJilfUJi;F J 1IIIlllll,IIII' 1'11,ill ~j~llllllfllijl 1II1I "111 ',lilIIIIIIJIHI/I U, 'It. I . I 11 .. 1 IIIflfJI1II1,ii'llhiI!lliIJI 11'11 1'1 ~I i i i' II I I , Hf 'f'J Jj III HI I I i III II 1~1 ~ II) II ~ II I " WI I ........ ~II !ili!!m 'iiijfj fiiifii tti ifi itii u .. H n 'II I~:~ II i. rOO I~ !~ ~@)I ill ~ GULF STREAM LUMBER flORID^- CONCEPTUAL SITE PLAN ...""'" ~=!!~:.~ J>,:;,=n..~,.." =J'=-...... ---- eOn4roH suO! EXHIBIT "D" Conditions of Approval Revised Project name: Uptown Lofts at Boynton Place Pile number: ABAN 05-003 Reference: DEPARTMENTS INCLUDE REmr'T' PLANNING AND ZONING Comments: 1. 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 PPL 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\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 05-003\COA.doc w......... ..~..... CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAA. XII. - LEGAL ITEM A.2 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) D September 6, 2005 August IS, 2005 (Noon) D November I, 2005 October 17, 2005 (Noon) [gJ 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 [gJ Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the September 20,2005 City Conunission Agend~:;unde; '7~ Legal, Ordinance - Second Reading. The City Conunission approved the subject request under Public Hearing an6 Legal; Ordinance - First Reading on September 6,2005. For further details pertaining to the request, see attached Depat:l;w.entof~, Development Memorandum No. PZ 05-166.::'; () ;'-~) -;-10:: -,~.- ~"\ ~-::-) 1:-"" ,'II (--) ~ C) ",n EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (LUAR 05-008) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast comer of the intersection of Ocean Avenue and SE 4th Street Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C). 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 IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~S' N/A i~~ Devolop on DeP rtmen~o' Ci<y Mona"e", Signa,",e ~ .t... All' /' Planning and Zoning ~ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\LUAR Addition\Agenda Item Request aRCHES luar 05-008 2nd reading amend 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 05- t)~-o AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY BOYNTON VENTURE I, LLC, AND LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF OCEAN AVENUE AND SOUTHEAST 4TH STREET; CHANGING THE LAND USE DESIGNATION FROM MIXED USE (MX) TO MIXED USE CORE (MX-C); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 17 WHEREAS, the City Commission ofthe 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 City 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 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 Avenue 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 ofrecord. 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 1 7 repealed. 18 Section 5: Should any section or provision ofthis 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 ofthis 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 1 FIRST READING this WI! day of s.E~('&-Tr A 2/4 2005. 2 SECOND, FINAL READING and PASSAGE this _ day of 3 2005. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 ATTEST: 21 22 23 City Clerk 24 2 5 (Corporate Seal) 26 Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\Land Use\Arches Addition.doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 05-166 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AICP ~ Senior Planner Michael W. Rumpf Director of Planning and Zoning August 22, 2005 Arches Addition/LUAR 05-008 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 Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Boynton Venture I, LLC Boynton Venture I, LLC/Bonnie Miskel & Kim Glas-Castro of Ruden McClosky Southeast corner of the intersection of Ocean Avenue and SE 4th Street (Exhibit "Aft) 0.58 acre Mixed Use (MX) - 40 units per acre maximum CBD Central Business District Mixed Use Core (MX-C) - 80 units per acre maximum MU-H Mixed Use-High Intensity 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 :1:5.05 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 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 West: 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 Oty'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 Communitv 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, professional, 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 Highwav 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 10-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 Rre 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/RECOMMENDAnONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and the . Federal Highwav Corridor Community Redevelooment 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:\PIaMlno\SHARED\WP\PROJECTS\AACHES 0 BB\WAR AddltIon\ARCHES ADO STAFF REPORT.doc LOCATION MAP Arches Addition LUAR 05-008 SE 2ND AVE 150 75 o Exhibit A N 150 Feet A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM A.3 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) 0 October 18,2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) [gJ September 20, 2005 September 6, 2005 (Noon) 0 November IS, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [gJ Legal ... ""j 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation '.~ 0 City Manager's Report ...., RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenqa undel'~' Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearin~d ~~ Ordinance - First Reading on September 6,2005. For further details pertaining to the request, see attached Departme:iiE0tl l r1 .:J -:> Development Memorandum No. PZ 05-166. r:,.) \~;1(-, -,... ....-- EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (LUAR 05-008) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast corner of the intersection of Ocean Avenue and SE 4th Street 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 IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A 4f nn.. fl ~~~ Developme~~ City Manager's Signature ..........~nning and Zoning ;d;cto~ City Attorney / Finance / Human Resources S:\PJanning\SHARED\WP\PROJECTS\ARCHES @ BB\LUAR Addition\Agenda Item Request aRCHES luar 05-008 2nd reading rezone 9-20-Q5.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05-{'Sl 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 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 ofthe 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 2 7 hereinafter described; and 28 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 29 an amendment to the Land Use which wa.s contemporaneously considered and approved at the 30 public hearing heretofore referenced; and S:\CAIOrdinances\PlanningIRezoning\Rezoning - Arches Addition.doc 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 14 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 1 7 accordingly. 18 Section 4. All ordinances or parts of ordinances III 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. FIRST READING this M day of S-"T E.;n ~ F;l , 2005. 24 S:\CA\Ordinances\Planning\Rezoning\Rezoning - Arches Addition.doc 1 SECO~'D, FINAL READING and PASSAGE this _ day of ,2005. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 ATTEST: 18 19 20 City Clerk 21 2 2 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\Rezoning\Rezoning - Arches Addition.doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-166 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AICP ~ Senior Planner Michael W. Rumpf Director of Planning and Zoning August 22, 2005 Arches Addition/LUAR 05-008 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 Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Boynton Venture I, LLC Boynton Venture I, LLC/Bonnie Miskel & Kim Glas-Castro of Ruden McClosky Southeast corner of the intersection of Ocean Avenue and SE 4th Street (Exhibit "A") 0.58 acre Mixed Use (MX) - 40 units per acre maximum CBD Central Business District Mixed Use Core (MX-C) - 80 units per acre maximum MU-H Mixed Use-High Intensity 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 :t:5.0S acres Page 2 Ale 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 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 West: EXECUnvE 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 Communi(y Redevelooment 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 SO in the hurricane evacuation zone without written approval of the Palm Beach County Emergency PlannIng DIvisIon and the Gty'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 Communit;y Redevelooment 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 selVices, day-care selVices, business selVices 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. H The Mixed Use-Core land use designation and the Mixed Use-High Intensity zoning district were adopted in response to directions in the "Federal Highwav Corridor Communit;y Redevelooment PlanHand 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 10-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 Rre 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 Community Redevelooment 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:\PlannIng\SHARED\WP\PRO.lECTS\ARCHES 0 B8\WAR AddltIon\ARCHES ADO STAFF REPORT.doc LOCATION MAP Arches Addition LUAR 05-008 SE 2ND AVE Exhibit A N 150 Feet A 150 75 o Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 1. Project: Agent: Arches (LUAR 05-008) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast corner of the intersection of Ocean Avenue and SE 4th Street Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C); and Owner: Location: Description: Request to rezone 0.S8-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. Attorney Spillias asked the board to divulge any ex parte communications with any of the applicants on the Public Hearing agenda. If a board member disclosed such communications at the August 9, 200S meeting, the period of time in question would be from that meeting to this one. There were no such disclosures. Attorney Spillias then explained the quasi-judicial nature of the proceedings and Swore in the people who planned to speak during the public hearing. Dick Hudson, Sr. Planner, stated that the name of the project was the Arches Addition. The project is located at the southeast corner of East Ocean Avenue and S.E. 4th Street. Staff recommended approval of the requested land use amendment and rezoning for the following reasons: 1) It is consistent with applicable Comprehensive Plan policies and with the Federal Highway Community Redevelopment Plan, 2) It meets the criteria required for consideration of the land use amendment and rezoning, and 3) The addition of the property will provide the applicant with a redevelopment project encompassing two entire City blocks, serving to make a more complete project and will allow several small parcels to have a greater development potential than either would have if they came in separately, because of their small size. Chair Heavilin asked for and received confirmation from Dick Hudson that these two parcels were purchased after the land use and zoning were approved for the rest of the site. Bonnie Miskel, 222 Lakeview, West Palm Beach, spoke on behalf of the applicant. She stated the site plan was not being phased- they were trying to unify the site zoning and land use. Chair Heavilin opened the floor for the public to speak, closing It when no one came forward. 3 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 Mr. Barretta felt he might have trouble supporting this because he thought title to this property might have been transferred improperly. Half of the property was in foreclosure at the time of the title transfer. Chair Heavilin asked if a closing had taken place on the subject property, and Ms. Miskel stated it had been owned for some time. There was no title dispute and no actions or claims filed against it. They had title and title insurance to the property. This is the first time they heard of this. Mr. Barretta said his comments derived from the fact that he had a foreclosure action against the property. Ms. Miskel asked to see Mr. Barretta's recusal, since he had potential interest and should not vote on the matter. Chair Heavilin asked Mr. Barretta if he wished to recuse himself, and he responded that he did not. Ms. Miskel objected to this, for the record. Attorney Spillias' opinion was sought. He stated that the issue of conflict came up in quasi- judicial matters in two possible contexts. The standard conflict was where a board member stands to gain or lose, especially financially on their vote. Under State law, CRA board members are exempt from that conflict of interest provision. They are permitted to vote on matters that could inure to their special gain or loss. This is an exception to the general rule. There are other conflict of interest provisions that do apply. In all quaSi-judicial matters, the issue of bias is one that may be raised and it is why they passed the Resolution in the recent past removing the presumption of prejudice by virtue of ex parte communications. If it can be proven that there is a bias, through ex parte communications or otherwise, the issue of impartiality can be raised. Generally speaking, when board members are acting in their role as board members, making policy, deciding on most issues in a non-quasi-judicial context, bias is irrelevant. They could be biased. In the quaSi-judicial context, courts have said they were sitting in somewhat of a jUdiCial manner and, therefore, bias was an issue. It was up to Mr. Barretta to indicate whether or not he believed he could make an objective, unbiased determination in this case. Ultimately, if there were a challenge, it would be up to the fact-finder to determine whether the facts established it one way or another. Mr. Barretta believed he could vote in an unbiased manner. Ms. Miskel noted for the record that Mr. Barretta said he could not support this because he had a claim against this property, so she believed he had demonstrated with his testimony as evidence that he was biased and they were noting that and their objection to his partiCipation in the hearing. Mr. Barretta responded that this was not what he said. He said he did not believe he could support this. Ms. Miskel stated that the record would reflect his comments. Ms. Horenburger said if a person appeared to be biased in any way other than if he stood to gain financially, it could be a problem, but it sounded like If a person stood to gain financially, it was all right. She did not understand. Attorney Spillias said that this was correct. 4 Meeting Minutes Community Redevelopment Agency Special Meeting Bovnton Beach, Florida August 30, 2005 Motion Vice Chair TIllman moved to approve the request to amend the Land Use Amendment and Rezoning request (LUAR 05-008) for the Arches on the southeast corner of the intersection of Ocean Avenue and SE 4th Street. Mr. Fenton seconded the motion that passed 7-0. Abandonment - Street 1. Project: Agent: Arches (Street) (ABAN 05-004) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures If LLC Southeast corner of the intersection of Ocean Avenue and SE 4th Street Request for abandonment of a forty-foot wide right-of-way known as Southeast 1st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. Owner: Location: Description: Ed Breese, Principal Planner, displayed the Arches site plan, showing the location of the area for the proposed abandonment. There was no objection to this abandonment on the part of any City Department. The utility interests such as Florida Power & Light, Bellsouth, Florida Public Utilities, and Adelphia Cable also have no objections, but do have conditions referring to the provision of additional easements to assure proper location of the utilities. Staff recommended approval since this right-of-way falls wholly within the Arches development and the City did not believe it had any further use for it. Bonnie Miskel, appearing on behalf of the applicant, stated that they accepted all the conditions. Chair Heavilin asked if anyone in the publiC wished to address this, and closed the floor when no one came forward. Motion Ms. Horenburger moved to approve the request for abandonment of a 40-foot wide right-of- way known as S.E. 1st Avenue between Federal Highway and S.E. 4th Street in connection with the proposed Arches development. Vice Chair TIllman seconded the motion that passed 7-0. Abandonment - Alley 2. Project: Agent: Arches (Alley) (ABAN 05-005) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures If LLC Southeast corner of the intersection of Ocean Avenue and SE 4th Street Owner: Location: 5 XII. - LEGAL ITEM A.4 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) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17, 2005 (Noon) [gJ 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 [gJ Legal ,... ~ D D '..i Bids UnfInished Business J""<. ; D D U) . ... Announcement Presentation ,'rj -~.J D City Manager's Report '-.', ---" - --J RECOMMENDATION: Please place this request on the September 20, 2005 City Commission Agen~deii ;:~: Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing ~ Le~ij:: Ordinance - First Reading on September 6,2005. For further details pertaining to the request, see attached Depamhen~ Development Memorandum No. PZ 05-163. ~~ ':'2:P j'v "In ::c EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (Street) (ABAN 05-004) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast comer of the intersection of Ocean Avenue and SE 4th Street Request for abandonment of a forty (40) foot wide right-of-way known as Southeast 151 Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. PROGRAM IMPACT: FISCAL IMPACT: N/A N/A ALTERNATIVES, ~~ Developme epa ent Director u~ City Manager's Signature ~ oM-;UIe ./' Planning and Zoning 9'irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-004\Agenda Item Request Arches (Street) ABAN 05-004 2nd reading 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05-[S,J- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF THE FORTY (40) FOOT WIDE 6 RIGHT-OF-WAY (SOUTHEAST 1ST AVENUE) 7 LOCATED BETWEEN SOUTH FEDERAL HIGHWAY 8 AND SOUTHEAST 4TH STREET (ABAN 05-004), 9 SUBJECT TO STAFF COMMENTS; AUTHORIZING 10 THE CITY MANAGER TO EXECUTE A DISCLAIMER, 11 WHICH SHALL BE RECORDED WITH THIS 12 ORDINANCE IN THE PUBLIC RECORDS OF PALM 13 BEACH COUNTY, FLORIDA; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 17 WHEREAS, Bonnie Miskel, is requesting on behalf of Boynton Ventures 1 LLC, to 18 abandon a portion of the forty (40) foot wide right-of-way bounded on the north by the south 19 line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way 20 line of Federal Highway and on the west by the east right-of-way line of Southeast 4th Street, 21 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 determined 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 Sectioq 1J 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 the forty (40) foot wide right-of-way bounded on the north by the south 38 line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way 39 line of Federal Highway and on the west by the east right-of-way line of Southeast 4th Street, all 40 in the ORIGINAL TOWN OF BOYNTON Plat, subject to staff comments, and more 41 particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit 42 "B." 43 44 Section 3. The City Manager is hereby authorized and directed to execute the 45 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 46 of Palm Beach County, Florida. S:\CA\OrdinanceslAbandonmenlslArches 40 fool ROW.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this (Vii day of5e?r~A/.;~/": , 2005. SECOND, FINAL READING AND PASSAGE THIS _day of 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk 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 City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonmentslArches 40 fool 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 at7J Principal Planner DATE: August 19,2005 SUBJECT: Abandonment of a portion of the 40-foot wide right-of-way (SE 1 5t 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-foot wide 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 1st 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 1st 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 st Aven ue 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 "0"- 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 4th 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. 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 _ Planning and Zoning No objection wi conditions (see Exhibit "E") No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") 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 of the request to 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:IPlannlngISHAREOIWPIPROJECTSlArcheSIABAN OS.004Istaff report. doc Exhibit 'A' - Location Map o 100 200 [ 400 600 800 , Feet w.' < I:^MII:5II ts !l n : I , i!I ~ " ~ I ,~ t: j!; i , ., 3 ~r ~ ~3 ~ j I f~ j~ ~ U ~U~h~g I ~ f. n" 71_1100 @ ~ @ @... ','11 r~ fir :: ~nbi~ J3 I -_.__..J I --~~--- -~~~ ~ I ..-.-----.--..-.-..-.--.--..-..--..--..--.-.--,-,J V ' . - ""'" 1l;~Jc-" ~ ill'. '. '''''' .""'OI'"J ~. .__J_ ,t,..t U= "'..""~: , ~. '.. ~..,. '~'l~ / ;~ ~ ~ ..~~! ~ II .~I / ~ ~ LMb ? 2" ~ ~Iii' r, ,! r I ;V~!I r-.;/: d"- S ~ 'I ...-:r/ ~ ~ J _ _ _ _ ! -1 V tl ~ ~ I - - ,n-~__--.----~~9E 1''1 0'. JI ,; G ~.. --1~ J :t-; i I ~. 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':;;:2: ~ ~J~l:1i { ~ ~;l-: . ; "t",;i: ,,,} ~ ~ i! ~~ ~ Jf: j ff -HJ "fF lj:~ Q ilg~ J~.'I.:r 1 E~ ~ 0..,1___ i:':~ ......" !i fi: ~ ~r: . .~.r:-~ .'!... !l ~ j~ ~i! ~J: IIfd ~ J! fii v)v :l~ ~ .J ~. t. i , "j ,H:~i~tI ~ t :'i !Jl:.; ~: lit: j:lJ ~ It : l<. . ~e ~ "1'1 f , t.. ~ J '" i I... ~~.. \[' , U;'l~ : ' :.J q . , . i ' t ~~,t."..,'. f-\- ~5 ,~......~, \~ ~p.p" i~'~~."l' ~d'f '1,1N li,l".;\: ~ q; 14, , q 1 " . \" ~ llr~ tl :1 . 'I.; . .pJt~ 11'1 ~'~ I '''!Il. I, ~~, . : :'~:h~ 4' ~!p'I~lt \ t" SKETCH OF DESCRIPTION REVISIONS n --- N - -- R==12.00~ D-89.01'J6- L== 18.65' MDR OWN 06/01/05 DATE 1', \D FB/PG I=XHII::SII U MDR CHKO {CENTERlINE ORIGINAL E R'GHT-or=- - WEST L"~E WAY UNEL LOT 8, BLK 7, \ t8lliJE~gO.lENT $VI CORNfR-LDr IS, 8LK 7 S8Il'15S'.27"E 15.00' PO~NI1JG OJ SCALE: 1 "==50' SURVEY NOTES: 1. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN HEREON ARE ASSUMED AND ARE RELATIVE TO THE WEST RIGHT OF WAY UNE OF FEDE HIGHWAY. SAJD UNE BEARS SOUTH - 00'02'09" WEST. 3. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY SHAH, DROTOS & ASSOCIATES FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. OJ B N 1'"; O. ROSE HAL SURVEYOR AND MAPPER flORIDA REGISTRATION NO. 3998 ~ l::XHIIjII U LAND DESCRIPTION PORTION OF S.E. 16T 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, DROTOS & ASSOCIATES 3410 N Andrews Avenue Extension Pompano Beach, Florida 33064 Prepared by: MDR Checked by: MDR Project No.: 02-0598A File Name: X:\cad\survey\0598AOO\Sketches\0598VACASE1A VE June 1, 2005 SHEET 1 OF 2 SHEETS EXHIBIT "E" Conditions of Approval Project name: The Arches Pile number: ABAN 05-004 Reference: Street Abandonment DEPARTMENTS INCLUDE REJECT 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 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 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: DEPARTMENTS INCLUDE REJECT 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 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 Motion Vice Chair TIllman moved to approve the request to amend the Land Use Amendment and Rezoning request (LUAR 05-008) for the Arches on the southeast corner of the intersection of Ocean Avenue and SE 4th Street. Mr. Fenton seconded the motion that passed 7-0. Abandonment - Street 1. Project: Agent: Arches (Street) (ABAN 05-004) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast corner of the intersection of Ocean Avenue and SE 4th Street Request for abandonment of a forty-foot wide right-of-way known as Southeast 1st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. Owner: Location: Description: Ed Breese, Principal Planner, displayed the Arches site plan, showing the location of the area for the proposed abandonment. There was no objection to this abandonment on the part of any City Department. The utility interests such as Florida Power & Ught, Bellsouth, Florida Public Utilities, and Adelphia Cable also have no objections, but do have conditions referring to the provision of additional easements to assure proper location of the utilities. Staff recommended approval since this right-of-way falls wholly within the Arches development and the City did not believe it had any further use for it. Bonnie Miskel, appearing on behalf of the applicant, stated that they accepted all the conditions. Chair Heavilin asked if anyone in the public wished to address this, and closed the floor when no one came forward. Motion Ms. Horenburger moved to approve the request for abandonment of a 40-foot wide right-of- way known as S.E. 1st Avenue between Federal Highway and S.E. 4th Street in connection with the proposed Arches development. Vice Chair TIllman seconded the motion that passed 7-0. Abandonment - Alley 2. Project: Agent: Arches (Alley) (ABAN 05-005) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast comer of the intersection of Ocean Avenue and SE 4th Street Owner: Location: 5 XII. - LEGAL ITEM A.5 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) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17. 2005 (Noon) rgJ 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 rgJ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report , - " RECOMMENDATION: Please place this request on the September 20,2005 City Commission Ag~pda un~l, Legal, Ordinance - Second Reading, The City Commission approved the subject request under Public Hear~and l!.igal- Ordinance - First Reading on September 6, 2005. For further details pertaining to the request, see attached DCWJlrtmt:~f Development Memorandum No. PZ 05-162. :.. .~ ~.~ CJ U1 (...J -I ."lCJ .-l'1 ~)J> .\1(J EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (Alley) (ABAN 05-005) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast comer of the intersection of Ocean Avenue and SE 4th Street Request for abandonment of a portion of an alley (Southeast 1 51 Place), located immediately east of SE 4th street, in connection with the proposed Arches development. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A '~l1t(-f Developm~ent Director ~ City Manager's Signature ~ -. ~Ate ./' Planning and Zoning Qjtector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-005 Alley\Agenda Item Request Arches (Alley) ABAN 05-005 2nd reading 9-20-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05-{!5'"3 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 1 LLC, the 20 abandonment of a portion of the twenty (20) foot alley (also known as Southeast I sl 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 hereb 38 abandon a portion of the twenty (20) foot alley (also known as Southeast 1st 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 particularl 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:ICAIOrdinanceslAbandonmentsV\rches 20 fool alley.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 4. This Ordinance shall take effect immediately upon passage. 2005. FIRST READING this ~ day oL5;~11/.;elt ,2005. SECOND, FINAL READING AND PASSAGE THIS _day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:ICAIOrdinanceslAbandonmenlslArches 20 fool 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 1 st 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 City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonmentslArches 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 agentfor Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon a portion ofthe 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 Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. West - 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 1s1 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 ofthe 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 "0"- ARCHES Site Plan). As indicated on the survey, the segment of the alley to be vacated measures approximately 100 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 DEPARTMENTS/DIVISIONS Engineering/ Public Works/ Utilities _ Planning and Zoning No objection w/ conditions (see Exhibit "E") No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection w/ conditions (see Exhibit "E") No objection w/ conditions (see Exhibit "E") No objection w/ conditions (see Exhibit "E") No objection w/ conditions (see Exhibit "E") N/A 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:lPtanntngISHAREOIWPlPROJECTSlArchesIABAN 05-0051s1aff report.doc Exhibit 'A' - Location Map . 600 800 ) Feet w4t, . o 100 200 I 400 I:XHISIT 8 I~; : I i I 8 Ii! i 2 I U ! !f I I! --, ~ III~ I~ I II ~ ~ I H. IUd~ ~~ ~ 1:" 71_1100 @ ~ @ @<II ',"1 I' n, V I , ----1- , I , q; ~ Vi .1: ~ '" " '" ;!: ::> o V1 " ~ a I N ~ I ). '('1 i i i i i I i i j i i j I I I j I i I J I I I I i I j I _.- III . . -I U. .. II .c: o (tJ " Q) :m c o ...... c ~ o m c J2. 0.. '- O. 0, iLi -0: c:1 :J: 0; ,-I Gi I ........ cl (tJ' -I 0.' (J) ...... . .-, en f/) Q) .c ~ <(! Q) j5 . ~ ... 1.. .; . ').. u ~ ~. G Q 0" K: G "( ~~ ~ ~ ~~~ ~ ~ ~~. I , CAN Its II li I J_ ~ Ij ..is "'1 , . " If-. . . 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I ; J . -;1 ~r1h }) I: i l~~r:}t 'f'm~!}' r I tf~ t w j ~ g S'LY EXTENSION !::i E UNE-LOT 6 It) , Soo'02'09"W kiwi 10.00' l[) ~i; ORIGI~~AL TOWN OF BOYNTON I ;tJ! PLAT BOOK i, PAGE 23 I r- - - --SURVEY WTES: ---1 / I 1. nns IS NOT A BOUNDARY / SURVEY. I 2. BEARINGS SHOWN HEREON ~ Soo'02'09' I 2, ASSUMED AND ARE RElATIVE TO E 10.00 / z () WEST RIGHT OF WAY UNE OF! ERA!.. ~ (j) ~ I '<;f- HIGHWAY. SAID UNE BEARS spUTH B L 0 C K/j ~ 10 7 r~~ =N HEREON~E:NOT <( 0 1:11 ABS'TRACTEO BY SIWf. DR S" g, W Cl ASSOCIATES FOR RIGHTS-OF-WA'I'. ~ i a...--- - ~IP~On-lER ~ I ~ ~ "'1 ~ INSTRUMENTS OF RECORD. I I ~ I ~ i ~ ~ FO iTHE F1RI.l.BY: I it " 11<1 '42. - --FL0Rl0A BEGlstRADO . 3998 UNlESS IT BEARS 1liE SIGNATURE ~D ITHE ORlGI RAISED I SEAl. OF A FLORIDA UCENSED SUR\lEYOR AND PER THIS PROJECT NO: 02-9598A.cxfJ "'; f MAP IS FOR INFORMATIONAl PURPO$ESj ONLY AND IS NOT VAUO FI.E NAME: X: CAD\SU 598AOO\SKETQHES\059~ACA I SHEET 2 OF 2 SHEETS CAnlDI I U SKETCH OF DESCRIPTION PORTION OF 201 ALLEY IN BLOCK 7 TO BE VACATED ORIGINAL TOWN OF BOYNTON . (PB 1, PG 23, PBeR) . iCElmRUNE _ S.E. 4th STREET WEST L1NE;-r ~A~IG~~ fgr;gl'09'T LOT 81 !l ~ t:\ 1/ ---- - / --- NOO'02'09"E WEST LINE, LOT 7_ , --- co --- POINT OF BEGINNING SW CORNER LOT 7. BU< 7 I I I I f'. ----- ------ 01 <.0 I I I ---] ------ o ---- N I I):.' wi ~~ ~'i ~ ~! ,- l ----- 01 "' A SHAH I ENOlNEnING ~"'-ACL DROTOS SUllVEYlNG & ASSOCIATES PUNNING CERTIF'ICATE OF' AUTHORIZATION NO. LB 6456 3<410 N. Andr.wI Avenue Elet. Pompano Beach, FL 3306<4 PH: 95<4-943-9<433 . FAX: 95~-783-~714 SKETCH OF DESCRIPTION MDR 011/01/05 MOR REVISIONS OWN DATE FB/PG CHKD CAH,tjl r 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 centerfine of said 20.00 foot wide alley; THENCE South 88.59'27" East, along said centerfine, 50.00 feet to an intersection with the northerfy 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 Avenue Extension Pompano Beach, Florida 33064 Prepared by: MDR Checked by: MDR Project No.: 02-0598A File Name: X:\cad\surveY\0598AOO\Sketches\o598V 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 R fi All Ab d t e erence: ey an onmen I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: l. 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 FORESTERlENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 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. BelIsouth 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 DEPARTMENTS INCLUDE REJECT 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: 1. To be determined. S :\Planning\SHARED\ WP\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 / 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 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 Motion Vice Chair Tillman moved to approve the request to amend the Land Use Amendment and Rezoning request (LUAR 05-008) for the Arches on the southeast corner of the intersection of Ocean Avenue and SE 4th Street. Mr. Fenton seconded the motion that passed 7-0. Abandonment - Street 1. Project: Agent: Arches (Street) (ABAN 05-004) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast corner of the intersection of Ocean Avenue and SE 4th Street Request for abandonment of a forty-foot wide right-of-way known as Southeast 1st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. Owner: Location: Description: Ed Breese, Principal Planner, displayed the Arches site plan, showing the location of the area for the proposed abandonment. There was no objection to this abandonment on the part of any City Department. The utility interests such as Florida Power & Light, Bellsouth, Florida Public Utilities, and Adelphia Cable also have no objections, but do have conditions referring to the provision of additional easements to assure proper location of the utilities. Staff recommended approval since this right-of-way falls wholly within the Arches development and the City did not believe it had any further use for it. Bonnie Miskel, appearing on behalf of the applicant, stated that they accepted all the conditions. Chair Heavilin asked if anyone in the publiC wished to address this, and closed the floor when no one came folWard. Motion Ms. Horenburger moved to approve the request for abandonment of a 40-foot wide right-of- way known as S.E. 1st Avenue between Federal Highway and S.E. 4th Street in connection with the proposed Arches development. Vice Chair Tillman seconded the motion that passed 7-0. Abandonment - Alley 2. Project: Agent: Arches (Alley) (ABAN 05-005) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, liC Southeast comer of the intersection of Ocean Avenue and SE 4th Street Owner: Location: 5 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 Description: Request for abandonment of a portion of an alley (Southeast 1 st Place), located immediately east of SE 4th Street, in connection with the proposed Arches development Ed Breese, Principal Planner, stated this abandonment was the rest of an alley that had been partially abandoned when the Arches first appeared before the City. He did not believe the City had any further use for this alley and staff recommended abandonment of it. The Utilities Department recommended approval with conditions. All the other utility providers are recommending approval with conditions. BellSouth will be retaining their utilities in place and a 12-foot wide utility easement will be dedicated to Bell South for their underground conduit, which is slated to remain in place, and a fifteen-foot access has been provided in the site plan for the Arches. Bonnie Miskel, appearing on behalf of the applicant, stated they were in agreement with all conditions. Chair Heavilin opened the floor for the publiC to spealv and closed it when no one came forward. Motion Ms. Horenburger moved to approve the request for abandonment of a portion of an alley known as Southeast 1st Place located immediately east of S.E. 4th Street, in connection with the proposed Arches development. Mr. Myott seconded the motion that passed 7-0. Abandonment - Sidewalk 3. Project: Agent: Arches (Sidewalk) (ABAN 05-006) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway 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 Owner: Location: Description: Ed Breese, Principal Planner, reported that this item represented the Sidewalk portions of the rights-of-way that border the project. According to the applicant, "The requested vacation of the sidewalks will allow the development effort to include widening of the pedestrian amenities with plazas, covered arcades, and expanded pedestrian ways. These pedestrian-oriented facilities could not otherwise be improved within the public right-of-way. 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 6 .cr.. XII. - LEGAL ITEM A.6 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) D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 31,2005 (Noon) '. ) _._- NATURE OF AGENDA ITEM D D D D D D Administrative Consent Agenda Public Hearing Bids D D fZ] D D Development Plans New Business U) rOTl ~~u Legal Unfmished Business '-;'J ....,j .-j ._~ (=1 ", ...,.- C:;"'l'~ ~1""\co r: .;rq ~'1 ~ J ..,..,. 1" fTl- RECOMMENDATION: Please place this request on the September 20,2005 City Commission Agenda ~der ~ Legal, Ordinance - Second Reading. The City Commission approved the subject request under Pubic Hearing and Legal, Ordinance - First Reading on September 6,2005. Letter received from applicant on September 2,2005 withdrew the Federal Highway portion of the original request. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-164. Announcement Presentation City Manager's Report EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (Sidewalk) (ABAN 05-006) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southeast comer of the intersection of Ocean Avenue and SE 4th Street Request for abandonment of a portion of rights-of-way that abut the Arches at Boynton Beach along SE 2nd Avenue, SE 4th Street, and Ocean Avenue aad Federal Higli':;ay and that are improved for public sidewalks. GRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES. N/A N/A N/A u- City Manager's Signature Planning and Zoning D' S :\Planning\SHARED\ WP\PROJECTS\AR 20-05.dot tor City Attorney / Finance / Human Resources ES @ BB\ABAN 05-006 Sidewalk\Agenda Item Request Arches (Sidewalk) ABAN 05-006 2nd reading 9- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 II ORDINANCE NO. 05-0St( AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF PORTIONS OF SOUTHEAST 2ND AVENUE, OCEAN AVENUE, SOUTH FEDERAL HIGHWAY AND SOUTHEAST 4TH STREET RIGHTS-OF-WAYS ABUTTING THE ARCHES OF BOYNTON BEACH DEVELOPMENT THAT ARE IMPROVED WITH SIDEWALKS (ABAN 05-006), SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bonnie Miskel, is requesting on behalf of Boynton Ventures I LLC, to abandon the sidewalk portions of the Southeast 2nd Avenue, Ocean Avenue, and Southeast 4th Street rights-of-ways abutting the Arches of Boynton Beach development, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Community Redevelopment Agency, and the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the subject right-of-way would no longer serve a public purpose; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon the sidewalk portions of the Southeast 2nd Avenue, Ocean Avenue, and Southeast 4th Street rights-of-ways abutting the Arches of Boynton Beach development, subject to staf comments, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. S:ICA IOrdinanceslAbandonmenlslArches sidewalks.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II FIRST READING this _ day of ,2005. SECOND, FINAL READING AND PASSAGE THIS _day of 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:ICA IOrdi nanceslAbandonmentslArches 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, 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 City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonmentslArches 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 City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICA IOrdinanceslAbandonmenlslArches 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:/C::t) 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 1st 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 "0"- 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". 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 DEPARTMENTS/DIVISIONS Engineering/ Public Works/ Utilities _ Planning and Zoning Recommendation to Denv 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 of the 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 seNe 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 seNe 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 staff's position that the right-of- way for the sidewalk is necessary and continues to seNe 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 Bel/South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Com cast) No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") 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:IPlanningISHAREDIWPIPROJECTSlArchesIABAN 05-0061slaff report.doc Exhibit 'A' - Location Map . o 100 200 I 400 600 800 I Feet ..' . EXHIBIT B -rl-j~-,. 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EXHIBIT 0 se 2nd AVeNUe (~' I/IWT-cf'-Il'AY) S8lrJI 'J5"E: JIJ.2J' ." ,'," .'/. 1'09.58' I , I I 1 I ~nf.j.'! t ;~,.~ "r, ~g c: ! n~:, ! ~!-.hi-' ~~ ~' ;"~- ~ I' 1")1 r I ~ III III III III III 11,1 , Ilf III, ", llf " I ~ "~ !;) 'l!;" )Ii; l,.~ ..... ' I. ) I', " I" "h ~ I :J.'~_~1"~~ ~dr,.{ .(/c, ?I c;" I SE Is' AVCNUE -. .- _h "'_.'0. (4D' _-or-WAY) I ~ I ;: I I I " I" 1 I , . I ',) I f'" I I 1 I I I I I ." 'J I 7.;"; I I'" 0 I !.~ g I Q ,I .1 ,. r;; , ~r-- ~l ,,3.... r , If I t. I o '\J ~ ~~ Q .-! :r. l;tl i- Q '~ ~ j I I I I I I I~ 1 "Q S'\ :; ~ ~ ~.~ ~ ';J. ';~~ ~~~ l::~15 .~ . N88"59 ~~'';;'' '~2";.'/' //.. / "/ . !!r~.~~~I~I~ ~. ..f)f~. AVCNue ($(1' _-or-WAr) ur ~ JIJililr I lell i ..i~..i h. i elllllll ~ III "~lli:11 . :n I JSIUJfl1 'i- I I Ilfl I II 1RIlI 'I;. I.I:I~I Jr- Ill,. j THE ARCHES AT BOYNTON BEACH SKETCH Of' DESCRIPTION ORIGINAl. TOWN Of' BOYNTON Sl:Cl1OH 21. ___ 40 SOUIH, _ 43 EASt ; ! ! ! ! ~~~?S I=- It I! I -- _ IlO. IIS4 __ uc. NO. 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I I I I I I I ~ o ,~ I I I I I I ~! ~I~,( ~ I J I I 1 I ,~ il !~ ~E " "< I r EXHIBIT 0 9 LAND DESCRIPTION RIGHT OF WAY VACATION ARCHES AT BOYNTON BEACH PORTIONS OF SOUTHEAST 4TH STREET, SOUTHEAST 2ND A VENUE, OCEAN AVENUE 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 88931'35" 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 00945'40" 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 00902'09" 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 89957'51" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 55941'02", 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 88.59127" 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 v' EXHIBIT 0 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 88059'27" WEST ALONG SAID SOUTH LINE, 309.58; THENCE NORTH 00002'09" EAST, 312.55 FEET TO THE SOUTH LINE OF SAID BLOCK 7; THENCE NORTH 88059'27" 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, OROTOS & 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\SRUVEI0598AOO\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 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 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 P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 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. PRIV A TE UTILITIES ents: 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 DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I I 1. To be determined. I S: \Planning\SHAREDI WP\PR OJECTS\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 I 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:\SHRDA T A \Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-200 1-Revised.doc Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 Description: Request for abandonment of a portion of an alley (Southeast 1 st Place), located immediately east of SE 4th Street, in connection with the proposed Arches development Ed Breese, Principal Planner, stated this abandonment was the rest of an alley that had been partially abandoned when the Arches first appeared before the City. He did not believe the City had any further use for this alley and staff recommended abandonment of it. The Utilities Department recommended approval with conditions. All the other utility providers are recommending approval with conditions. BellSouth will be retaining their utilities in place and a 12-foot wide utility easement will be dedicated to BellSouth for their underground conduit, which is slated to remain in place, and a fifteen-foot access has been provided in the site plan for the Arches. Bonnie Miskel, appearing on behalf of the applicant, stated they were in agreement with all conditions. Chair Heavilin opened the floor for the public to speak, and closed it when no one came forward. Motion Ms. Horenburger moved to approve the request for abandonment of a portion of an alley known as Southeast 1st Place located immediately east of S.E. 4th Street, in connection with the proposed Arches development. Mr. Myott seconded the motion that passed 7-0. Abandonment - Sidewalk 3. Project: Agent: Arches (Sidewalk) (ABAN 05-006) Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky Boynton Ventures I, LLC Southwest comer of Ocean Avenue and Federal Highway 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 Owner: Location: Description: Ed Breese, Principal Planner, reported that this item represented the sidewalk portions of the rights-of-way that border the project. According to the applicant, "The requested vacation of the sidewalks will allow the development effort to include widening of the pedestrian amenities with plazas, covered arcades, and expanded pedestrian ways. These pedestrian-oriented facilities could not otherwise be improved within the public right-of-way. 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 6 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 properties." Staff looked at this request and the Engineering and Planning & Zoning Departments recommend denial of the request. Engineering indicated that attempting to create any partial roadway abandonments such as these would set an extremely bad precedent for the City and be difficult to justify. Planning & Zoning believed, from discussions with the applicant, that one of the reasons they want the abandonment is for the additional density they would gain by having control over this property. Staff calculated the applicant would have 20 additional dwelling units if the abandonment were granted. Also, staff looked at the applicant's reasoning as to why they were looking for this abandonment: to improve pedestrian amenities, plazas, and so on. Those are items that can be done with an agreement with the City. Improvements can be made within the rights-Of-way that would not necessitate abandonment. When staff looks at right-Of-way abandonments, one of the things it looks at is whether the underlying purpose of that right-of-way is still to be served or is no longer viable. These are sidewalks that would rim the project and staff believes that the purpose for that right-of-way is still to be served. Staff recommended denial of the request. The utility interests have no objection, with the same conditions as heard on the previous two applications. Bonnie Miskel, attorney for the applicant, agreed that the applicant would lose 20 dwelling units if this request were denied. She iterated that the request was to take certain publicly dedicated sidewalk property and convert it to private ownership. This request was not unorthodox and in many other jurisdictions, sidewalks are dealt with through sidewalk easements. There are two different ways of approaching it: one is a platted or public dedication through a plat or a deed, and the other is pursuant to an easement. Ms. Miskel said a sidewalk easement could provide the City with everything that a deed would do. A sidewalk easement would also do some things that a public dedication would not: 1) It would put liability on the part of the abutting owner, so they too would be liable for problems with the sidewalks such as flaws, or if someone fell and got hurt; and 2) A sidewalk easement for the public, ingress and egress, would put the burden of maintenance on the landowner, the developer. A public dedication typically would not do that. Usually, roads that are rights-Of-way are the responsibility of the local government. They were not simply asking to convert public property to private property. They were asking to convert a public sidewalk to a sidewalk with an easement. The same rights the City would have with a deed would go with the sidewalk easement. Ms. Miskel looked into the functions, powers, and duties of the CRA and read for the benefit of the audience: "The CRA Board shall have the authority and duty to consider and recommend upon applications as hereinafter set forth, after first considering the recommendations of its staff and after a determination of fact that the application before it would do the following: 1) contribute to the reduction and slum and blighted conditions, and 2) enhance the tax base, and 3) implement and further the intent and purpose of the City's redevelopment plan." What the applicant was asking for would do all three of these things and to deny it would be inconsistent with these objectives. Ms. Miskel believed there was general agreement that this project would reduce blight and slum, since they were taking less productive, dilapidated property and creating a 39,000 square foot commercial mixed-use development on five acres. The expansion of the tax base as a result of this project was not in dispute. Approving this request would give the City an opportunity to expand square footage, add twenty dwelling units, and further enhance its tax 7 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 base. It is done in many other jurisdictions and would give the City all the same rights it had presently. Ms. Miskel referred to staff's comment that granting this would create a dangerous precedent. She reminded the board of the action it took in Marina Village, for example. This project has public parking spaces located within a private parking garage. Instead of saying we want you to take a piece of your property and put 80 spaces on it, that would come off the tax map, we now have spaces in a private parking structure that stay on the tax map. They were asking the board to do the same thing here. " Instead of making it public property, leave it on the tax rolls and get tax benefits. " Chair Heavilin gave Vivian Brooks, CRA Planning Director, an opportunity to speak, apologizing for not giving her the opportunity prior to this. The board had just instituted a change in the procedures to allow this. Vivian Brooks, CRA Planning Director, concurred with City staff that this was not a good idea. It did not meet the criteria for abandonment. The intent is for additional density, which is not consistent with the Federal Highway Corridor Plan or the zoning. Chair Heavilin opened the floor for the public to speak. Robert Brown, 701 S. Sea crest Boulevard, spoke in favor of the abandonment for the tax base enhancement and the potential of using the $50K to $60K a year that the 20 additional units would provide to the City to offset benefits and/or bonuses for the employees. Mr. Brown mentioned the lifeguards who were being paid $10.60 an hour to save lives and other issues with the Police and Fire unions. Dave Kelley, Assistant Director of Public Works, City Engineer, and the City's surveyor and mapper, declared he had written a memorandum to the Planning & Zoning Division saying the abandonment procedures of the City followed Chapter 336.093 through .12 of the Florida Statutes where any public right-of-way abandoned is divided equally between the two adjacent property owners. If a ten-foot sidewalk were divided in half, five feet would go to one owner and five feet to the existing Oty right-of-way. This would mean that any abandonment would only take place on half of what had been requested, even if they reg ranted it back as a public easement for sidewalk purposes and whatever might be underneath it. This creates a potential nightmare throughout all rights-of-way in the City because there were many people watching to see what happened with this application. The City believed that granting this request for abandonment would hamper its ability to follow the abandonment procedures required by Florida Statute. The Department of Engineering expressed opposition to this request for abandonment and requested the board's consideration of its findings. Ms. Miskel did not dispute what Mr. Kelley stated about Chapter 336, but believed his interpretation was incorrect. The interpretation was based on taking a right-of-way, an entire street, as they did with S.E. 1st Place, or S.E. 1st Avenue, and abandoning the entire right-of- way. He was correct if it were platted In such a way where the right-of-way did not end up all on the perimeter of a plat (at which point It would all go to one owner). If It were In the center of a plat with properties on each side, which Is the case here, then it would be divided In the 8 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 center and half would go to one landowner abutting the right-of-way, and the other half would go to the other owner. But, the City's holding of a street as right-of-way was not the same as an abutting owner who owns in fee simple. The City is not considered, under the law, as an owner as would be the case if a private property owner owned on each side. This was true because, 1) the City typically did not pay consideration if done by plat for the street, and 2) right-of-way is not considered the same as fee simple title. Mr. Kelley's interpretation was incorrect and she wanted to state this for the record. Chair Heavilin closed the floor for public comment since no one else from the public wished to speak. Ms. Horenburger asked to hear Attorney Spillias' opinion in the matter. Attorney Spillias commented on abandonments in general, saying the board had a policy decision to make. It had heard information presented by the City indicating its factual basis for saying no, and information presented by the applicant indicating a factual basis for saying yes. They were really dealing with two issues. The first was that abandoning a right-of-way should only be done if there is no further public need or purpose for the right-of-way. Staff says there is a public need and purpose for the right-of-way. The applicant is saying the City would not lose that. In regard to the benefit to the applicant, the opinion is that abandonments should not be done just to favor one particular property owner. The applicant expressed the belief that there were benefits beyond the benefits the applicant would receive, benefits that would further the purposes of the CRA. The board had enough information to provide the basis for going either way in this matter, once it decided from a policy standpoint what it wished to do. Attorney Spillias agreed with Ms. Miskel about the general law. While generally land goes one half to one abutting property and the other half to the other owner, it depends on the plat. If it were platted with the right-of-way on the border of the plat, it could all go back to the original property owner abutting it on the one side. He had not looked at the plat and did not know how the right-of-way was conveyed to the City, whether by dedication or deed, and such issues could impact the way this would be divided. The City Attorney could be asked to opine on this before the matter gets to the City Commission, once the board made a determination on whether it believed that for all other purposes, it should or should not be abandoned. The board's decision would depend on which information they gave the most credence to in the role of board members. Chair Heavilin said the background information stated the sidewalks were dedicated for perpetual use by the public. Attorney Spillias said he would need to see the plat to make a determination and he did not have enough information to give a definitive answer in regard to the statutory reference in this case. Motion Mr. Barretta moved to approve the 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. Mr. DeMarco seconded the motion. 9 Meeting Minutes Community Redevelopment Agency Special Meeting Bovnton Beach, Florida August 30, 2005 Mr. Myott stated approving this would change the engineering standards of the City and affect the right-of-way width that had been consistent with the City grid, change plat maps, and plans for many things in the future. It would also set a precedent for allowing other people to ask for whole streets. He disagreed that the board should set such a precedent. He also believes that a lot line is never big enough for a developer and they always want more. The board had been very, very accommodating to this developer. He thought the City might have a right to the sidewalk, but perhaps an individual citizen would not, because it was private property. He thought that the City would have enough units by the time the town was built out. Vice Chair Tillman agreed with Mr. Myott. He tried to determine whether the applicant had a hardship, but did not see a hardship. He was not prepared to set a precedent that would overturn submissions and what was platted for the City of Boynton Beach. He especially did not want to set a precedent that would have a major impact on what would be asked in subsequent projects in the future. Mr. Barretta supported the abandonment because there were other properties in the City where the property line was adjacent to the curb. He had done renovations on such properties in the City of Boynton Beach and it would give the architect a little more design latitude. He did not think that it took anything away from the City or the citizenry and did increase the tax base. Ms. Horenburger stated they had been abandoning alleyways all over the City to benefit development, and she did not see how this was very different. If the sidewalks were abandoned to the developer, and the owner got the additional units and had ownership of the sidewalks, could the owner restrict or put barriers up or fences to prevent people from walking on the sidewalk? Attorney Spillias responded that this would not be the case if the City had a perpetual easement. Ms. Miskel responded that part of their offer was that there would be a perpetual easement for the benefit of the public. The City would have the same scope of action it had otherwise. Ms. Horenburger said since there was some question about how this was platted, and so forth, whether the board could vote to pass this without a recommendation to the Oty Commission until a legal opinion could be obtained on the platting and related legal issues, and leave it up to the City Commission. Attorney Spillias said the board could do that, but it should keep in mind there was a policy aspect of this decision and a narrow issue that he could not provide an answer to that the City Attorney would have more time to research. Ms. Horenburger did not feel the board had enough information to say it would not set a precedent, since there was no legal opinion on it. Chair Heavilin did not recommend it. Chair Heavilin did not see a public need for the abandonment. Most of the abandonments the CRA had done were going through properties and this application included four major streets, including Federal Highway. She saw the increased tax benefits, but hoped the CRA was never driven by economics, but by the good for the people, public use, and quality projects. Mr. Myott said at least three City staff departments recommended denial. They were experts in their fields of utilities, community redevelopment, planning and zoning, and the depth of the 10 Meeting Minutes Community Redevelopment Agency Special Meeting Bovnton Beach, Florida August 30, 2005 history and the comprehensive plan for the City. He thought this was a very strong recommendation for denial. Ms. Miskel said a subsequent letter had been given to staff removing the Federal Highway portion of the request, so this request was for S.E. 2nd Street, S.E. 4th Street, and Ocean Avenue. For the record, on S.E. 4th Street, a portion of the sidewalk that was already located on 4th Street was private property, and belonged to her client. They would offer to give an easement over that as a condition to this approval. Right now, it was not subject to any dedication or easements. Mr. DeMarco hoped to find compromise. He understood it did not provide the public with access to the area. He thought the board had acted on a similar abandonment with the Gulfstream project. He thought the increased revenue for the City would be a good thing and wanted this to be resolved between staff and the applicant. Mr. Fenton asked for and received confirmation that the applicant was looking for abandonment of the sidewalk to the north, south, and west, and not Federal Highway. Ms. Miskel agreed. Mr. Fenton asked Ms. Miskel to elaborate on her earlier comment that this was not unusual. Ms. Miskel stated that West Palm had many sidewalks subject to a sidewalk easement versus platted dedications. Another location where it had been done was in Wellington particularly as it relates to residential properties where sidewalks are located within the resident's property with swales on each side. It is most common in that regard. Lake Worth also has sidewalk easements, because she had done one there. Mr. Myott referred to the Ocean Avenue Improvement project where the City planned new sidewalks, light fixtures, landscaping, tree grates, curbing, parking, and so forth. If the City wanted to redo Ocean Avenue, this would have an affect because the City would not be working on its own land, but on the developer's land. He felt the ability to have control of a whole side of a street for one whole block would be taken away if this were passed. "If you don't own it, you can't control it." Ms. Miskel said that the City could control it because two of the easements she had prepared prOVide the City unilateral discretion on whatever it chooses to locate in the area. The City could proscribe whatever it wanted in the way of size of sidewalk, building material, landscaping, green area, and so forth, providing the City's own legal standards were met. Ms. Miskel said the approved site plan showed the improvements that were planned for the sidewalk areas. They had agreed to all conditions of the site plan as it related to location, size, materials, landscaping, and so forth. Staff mentioned if the City still needed the sidewalk, the purpose was still there. However, when purposes could be achieved by other measures, the purpose did disappear. To her, the question was, "Do you have to have a sidewalk by virtue of a deed or a plat, or can you have one by virtue of an easement?" She was before the board to say it could be done by easement in exactly the way the Oty desired. It did not need to be by deed. She believed the purpose of a dedication or plat disappears when the purpose can be served in some other way. They were offering that way. She agreed with Mr. Myott that someone could come along and request abandonment of a street in the future; however, the board had the discretion to decide whether or not it wanted to do it. Her client was willing to 11 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida August 30, 2005 accept the responsibility of someone tripping and falling on a sidewalk, but would not be willing to accept the liability and responsibility for a road where car accidents could occur. Mr. Fenton asked Mr. Barretta if he would consider amending his motion to remove the reference to Federal Highway, and Mr. Barretta agreed to do so. Mr. DeMarco agreed also. Mr. Barretta added a comment that while the request might seem highly unusual, as Ms. Miskel said, it was not unusual and happened all the time. He had worked on many projects where the sidewalks were conveyed by easement as opposed to dedication. They were not creating something that had never been done, just something people were unfamiliar with. Ed Breese, Principal Planner, responded that Mr. Barretta's comment was one of the three points that staff had brought forward - the fact that it could happen elsewhere and they could have haphazard right-of-way lines. Also, taking public land for private gain and purpose did not sit well with staff and a lot of other people. Mr. Barretta called the question on the motion on the floor. The Recording Secretary called the roll at the request of Chair Heavilin. The motion passed 4-3, Chair Heavi/in, Vice Chair 7il/man, and Mr. Myott dissenting. VII. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 8:28 p.m. Respectfully submitted, SUS,4}t ~.u1'JtS Susan Collins Recording Secretary (083105) 12 XII. - LEGAL ITEM A.7 CITY OF BOYNTON BEACH ,~~ 1 AGENDA ITEM REQUEST FORM r:; \J i Pi-~ 2= 3 L} 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 0 August 2, 2005 Ju]y 18, 2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August] 6, 2005 August], 2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) n September 6, 2005 August ]5,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) L j IX! September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 3 1,2005 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [gJ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA nON; 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 provide 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 {ll,;L 6?1.~ Department Head's Signature City Manager's Signature 'fib/,c- UoIC~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05 - (;S;S: 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 (NON CONTAINERIZED)", 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 ofthe 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, li'LORIDA, THAT: 27 Section 1: Each Whereas clause set forth above IS true and correct and 28 incorporated herein by this reference. Section 2. That Chapter lO, "Garbage, Trash and Offensive Conditions," Sec. 10- 29 S:\CA \Ordinances\Chapter 10 Garbage Code Revision.doc 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 9 (c )Residential rates (non containerized) : 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 17 Seclion 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 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 Wh day of September, 2005. 5 SECOND, FINAL READING AND PASSAGE this 6 ______,2005. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 (CORPORATE SEAL) day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \Ordinances\Chapter 10 Garbage Code Revision.doc 3 ~. XII. - LEGAL ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Coounission Date Final Fonn Must be Turned Requested City Coounission Date Final Fonn Must be Turned in Meetin2Dates in to City Clerk's Office Meetin2Dates to City Clerk's Office 0 August 2, 2005 July 18,2005 (Noon.) o October 5, 2005 September 19, 2005 (Noon) 0 August 16,2005 August 1,2005 (Noon) 0 October 18,2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15, 2005 (Noon) o November 1, 2005 October 17, 2005 (Noon) ~ September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) ) ~~ .-: RECOMMENDATION: o Administrative 0 Development Plans o Consent Agenda 0 New Business o Public Hearing 1'81 Legal o Bids 0 Unfinished Business o Announcement 0 Presentation o City Manager's Report --~ i:-=; r-....., ,;__ ~ ~""'j'l~- Approve first reading of Ordinance to create an Art in Public Places P;ogr~ :-~~ NATURE OF AGENDA ITEM r'.) ! c", -'- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING CHAPTER 1.5, Article (11213/4/5) OF THE LAND DEVELOPMENT CODE OF THE CITY OF BOYNTON BEACH ENTITLED "ART IN PUBLIC PLACES PROGRAM," CREATING A ART IN PUBLIC PLACES PROGRAM FOR NEW DEVELOPMENT AND REDEVELOPMENT IN NON-RESIDENTIAL DISTRICTS AND IN MIXED USE AND MULTI-FAMILY DISTRICTS; PROVIDING GENERAL PROVISIONS FOR ITS ORGANIZATION AND OPERATION; PROVIDING FOR A PUBLIC ART FEE FOR THE CONSTRUCTION AND INSTALLATION OF ART; CREATING FUNDING ACCESSffiILITY FOR THE ARTS COMMISSION; PROVIDING CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR AN EFFECTIVE DATE EXPLANATION: The Boynton Beach City Commission appointed an Arts Commission in April 2004 to function and operate as outlined in the City of Boynton Beach's Ordinance No. 01-64 established 1/02/02 and codified in Chapter 2, Article XI. Among the duties charged to the Arts Commission were developing a public art program and recommending funding sources. This new ordinance defines the Art in Public Places Program and identifies the funding mechanism. PROGRAM IMPACT: Art in Public Places Program will contribute to the aesthetic, historical and cultural character and public value of the built environment and the cultural enrichment of the community; and create a stimulating cultural environment that reflects and enhances the City's heritage, diversity, and character through public artworks integrated into the architecture, infrastructure and landscape. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC .C( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: All funds for this program will be generated at the time ofpennitting by new development and redevelopment that takes place following final approval of this ordinance. AL TERNA TIVES: Terminate the Art in Public Places Program and miss a unique opportunity to enrich the cultural landscape of Boynton Beach. (I( F~df/i:d:1tQ ~~ City Manager's Signature Library Department Name ~ City Attorney I Finance I Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 I ORDINANCE NO. 0 05- 2. ' , I 3 AN ORDINANCE OF THE CITY COMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, CREATING 5 ARTICLE XII OF CHAPTER 2 OF CODE OF 6 ORDINANCES OF THE CITY OF BOYNTON BEACH 7 ENTITLED "ART IN PUBLIC PLACES PROGRAM,"; 8 PROVIDING GENERAL PROVISIONS FOR 9 ORGANIZATION AND OPERATION; PROVIDING FOR A 10 PUBLIC ART FEE FOR THE CONSTRUCTION AND 11 INSTALLATION OF ART; PROVIDING CONFLICTS; 12 PROVIDING FOR SEVERABILITY; PROVIDING FOR 13 INCLUSION; PROVIDING FOR AN EFFECTIVE DATE 14 15 WHEREAS, over three hundred communities throughout the United States have 16 implemented Art in Public Places Programs committing to the placement of public art in 17 urban environments; and 18 WHEREAS, the City of Boynton Beach recognizes that a superior and diverse 19 aesthetic environment is vital to the quality of the life of its citizens; vital to the economic 20 success of its businesses; an attraction for visitors; and will assist the City fulfill its mission 21 to make Boynton Beach "a premier City in Florida in which to live, work and raise a 22 family;" and 23 WHEREAS, an Art in Public Places Program would contribute to the aesthetic, 24 historical and cultural character and public value of the built environment and the cultural 25 enrichment of the community; and 26 WHEREAS, an Art in Public Places Program would create a stimulating cultural 27 environment that reflects and enhances the City's heritage, diversity, and character through 28 public artworks integrated in the architecture, infrastructure and landscape; and 29 WHEREAS, public and private development shall contribute to a Art in Public 30 Places Program to enhance and maintain the City's aesthetic character; and S:\CAlOrdinances\Art in Public Places rev (KB091005).doc " 1 WHEREAS, the City Commission of the City of Boynton Beach finds it to be in the 2 best interests of the citizens of this community to amend the City Code of Ordinances to 3 establish an Art in Public Places Program. 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA: 6 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and 7 confirmed as being true and correct and are hereby made a specific part of this Ordinance 8 upon adoption hereof. 9 Section 2. Article XII, Chapter 2 of the Code of Ordinances of the City of 10 Boynton Beach, entitled "Art in Public Places Program," is hereby created to read as 11 follows: 12 Sec. 2-159. Short title: intent. 13 14 15 16 17 18 19 20 21 22 (A) This chapter shall be known and cited as the "Art in Public Places Program." (B) It is the intent and purpose of this chapter to further the commitment of the City of Bovnton Beach to the aesthetic. historical. cultural and economic enrichment of the community through the creation of works of art so that citizens and visitors to the City of Boynton Beach are afforded an opportunity to enioy and appreciate works of art. The requirements of this chapter shall be construed to promote the aesthetic values of the entire community and to encourage the preservation and protection of works of art. Sec. 2-160. Definitions. 23 24 25 26 27 28 29 30 31 32 33 (A) Definitions. For the purposes of this section. the following words and phrases shall have the following meanings: (1 ) Artist or Professional Artist means a practitioner in the visual arts. generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include. but are not limited to. income realized through the sole commission of artwork. frequent or consistent art exhibitions. placement of artwork in public institutions or museums. receipt of honors and awards. and training in the arts. (2) Art. Artwork or Works of Art means tangible creations by artists exhibiting S:\CA\Ordinances\Art in Public Places rev (KB091005).doc II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 the highest Quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium. material. or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics. mobiles. tapestries, murals, photographs, video proiections, digital images. bas-relief. high relief. fountains, kinetics. collages. drawings. monuments erected to commemorate a person or an event. functional furnishings. such as artist designed seating and pavers, architectural elements designed by an artist. and artist designed landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this chapter: (a) Reproductions or unlimited copies of original artwork. (b) Art obiects. which are mass-produced. (c) Works that are decorative. ornamental. or functional elements of the architecture or landscape design. except when commissioned from an artist as an integral aspect of a structure or site. (3) BuildinJ! means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses. chattel or property. (4) Develovment means any construction, or redevelopment. or structural alteration of any private or public building within the limits of the City. (5) Arts Commission means the advisory board established by the City Commission pursuant to Ordinance 01-64. (6) Public Art Fund means a separate. interest bearing account set up by the City to receive monies for the Art in Public Places Program. (7) RemodelinJ! or conversion means alterations made to a building within any twelve month period. including. but not limited to, changes to the facade of a building. changes to the interior of a building. increases or decreases in the floor area of a building and changes to exterior improvements. Sec. 2-161. Arts Commission. 38 39 40 41 42 43 44 45 The Bovnton Beach Arts Commission shall function and operate as outlined in the City of Boynton Beach's Ordinance No. 01-64. Sec. 2-162. Powers and duties of committee. (A) The Arts Commission shall have the following additional powers and duties: (1 ) Recommend to the City Commission~ adoption of Art in Public Places S:\CA\Ordinances\Art in Public Places rev (KB091005).doc II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Program Guidelines and amendments thereto: (2) Recommend to the City Commission. adoption of a Public Art Master Plan identifying locations for public artworks and establishing a priority order: (3) Recommend to the City Commission authorization of expenditures for maintaining and implementing the Art in Public Places Program: (4) Recommend to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program: (5) Exercise their authority to approve. approve with conditions or disapprove proposed installation of artwork based on Art in Public Places Program Guidelines: and (6) Advance. through education and communication. the Art in Public Places Program Guidelines. Sec. 2-163. Establishment of Public Art Fee (A) All development. redevelopment. reconstruction or remodeling greater than construction value of $250.000.00 for which a permit is required. shall participate in the Art in Public Places Program by paying a Public Art Fee. The Public Art Fee shall be equal to 1 % of construction value of the proiect. The Public Art Fee shall be collected by the Building and Code Compliance Department prior to and as a condition of building permit issuance. 100% of the Public Art Fees collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund require the recommendation of Arts Commission prior to City Commission approval. (B) The following types of proiects are exempt from the payment of the Public Art Fee: (1 ) Remodeling. repair or reconstruction of structures damaged by fire. flood. wind. earthquake or other calamity determined by the city of Bovnton Beach building official. (2) The percent of the proiect dedicated to affordable housing as defined by the City of Bovnton Beach. (C) Proiect owners required to participate in the Art in Public Places Program may obtain reimbursement up to seventy percent (70%) of collected art fee if the following conditions are met: (1) The owner of a development agrees to follow the Art Commission's recommendations to develop the art in the proiect: and S:\CA\Ordinances\Art in Public Places rev (KB091005).doc " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (2) Prior to placement on the development site. has the artwork approved by the Arts Commission to insure that the artwork will be accessible and readily visible to the public based on location of artwork and normal traffic of vehicles/pedestrians in the proposed location: and (3) Select an artist directly to execute a prolect that meets specific criteria outlined by the recommendations and guidelines document provided by the Arts Commission or hire a professional consultant to select artists to commission site-specific. architecturally integrated artworks that meet specific art criteria outlined by the recommendations and guidelines document provided by the Arts Commission or: Purchase artworks for permanent installation recommended by the Arts Commission or: Elect to purchase an existing artwork or commission an original artwork for donation as a gift to the City of Boynton Beach's public art collection or: Sec. 2-164. Art and artist selection criteria. (A) The Art and Artist selection criteria shall be in compliance with the Arts Commissions Guidelines and Recommendations. Sec. 2-165. Public Art fund. (A) There is hereby created a public art fund administered by the Arts Commission. Funding shall consist of all contributions received from art fees for development and redevelopment. Contributions shall include 1 % of construction value on prolects exceeding $250.000.00. anv cash grants and donations to the City for public art prolects from governmental or private resources. and all other funds allocated by the City through the budgetary process for the provision of public art. (B) Expenditures from the Public Art Fund shall include. but not be limited to expenses associated with the selection. commissioning. acquisition. transportation. maintenance. public education. promotion. administration. program marketing. documentation. removal and insurance of the works of art or in relation thereto. The Arts Commission can recommend to the City Commission. expenditures from the funds in furtherance of the Art in Public Places Program. (C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the construction of art in a given prol ect and thirty percent (30%) for the administration of the Art in Public Places Program and a (endowment or reserve fund) for future work as described in the Arts Commissions Guidelines & Recommendations. Sec. 2-166. Ownership of artwork. Unless otherwise expressly agreed to in writing by the Citv. ownership of all art acquired through expending funds in the Public Art Fund shall be owned bv the City S:\CA\Ordinances\Art in Public Places rev (KB091005).doc , I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 according to the Arts Commissions Recommendations and Guidelines. Sec. 2-167. Art in Public Places Prol!ram Guidelines The Arts Commission shall prepare, and from time to time recommend to the City Commission revisions to the, Art in Public Places Program Guidelines and make the same available to the public, which shall provide guidance for program organization: organizational governance and staffing responsibilities: procedures for proiect planning: artist selection: art selection criteria: art placement criteria: donations: loans and memorials: collection management; and. administration of the Public Art Fund. Sec. 2-168. Art in Public Places Prol!ram Location Plan The Arts Commission shall prepare. and from time to time revise. a Art in Public Places Program Location Plan that identifies locations and criteria for public artworks and establishes a priority order. Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 21 unconstitutional by any court of competent jurisdiction, then said holding shall in no way 22 affect the validity of the remaining portions of this Ordinance. 23 Section 4. Inclusion in Code. 24 It is the intention of the City Commission of the City of Boynton Beach, Florida, that 25 the provisions of this Ordinance shall become and be made a part of the City of Boynton 26 Beach Code of Ordinances, and that the sections of this Ordinance may be renumbered or 27 relettered and the work "ordinance" may be changed to "section," "article," or such other 28 appropriate work or phrase in order to accomplish such intentions. 29 30 31 Section 5. This Ordinance shall become effective immediately. ,2005. FIRST READING this _ day of S:\CA\Ordinances\Art in Public Places rev (KB091005).doc 1 SECOND, FINAL READING AND PASSAGE this _ day of , 2005. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 Mayor 7 8 9 10 Vice Mayor 11 12 13 14 Commissioner 15 16 17 18 Commissioner 19 20 21 22 Commissioner 23 ATTEST: 24 25 26 27 City Clerk 28 29 30 31 32 33 S:\CA\Ordinances\Art in Public Places rev (KB091005).doc XII. - LEGAL ITEM C.l 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 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16,2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) [8J September 20, 2005 September 6,2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Promenade parcels. Approval of Intralocal Agreement with CRA for cost reimbursement Boynton Beach EXPLANATION: Agreement provides for reimbursement of$I,477,533 to the City for costs advanced for the purchase of the Garnsey-Hall parcels in 2003. The agreement also pays the City $200,000 for off-site mangrove mitigation at Jaycee Park for areas disturbed by the installation of the promenade. This is per the approved permits from Florida DEP and South Florida Water Management District. PROGRAM IMPACT: Promenade area: The implementation of the agreement will require the City administer maintenance of the promenade area. This requirement is spelled out in Section 2.2 with the understanding that the CRA will pay the City for its costs and expenses. This is also re-affirmed in Section 3.2. Please note that a subsequent use agreement between the City and the CRA may be needed for the promenade to better define special events planning, scope and risk management issues for event use. Incidental use of the Promenade area by the public would be viewed as a normal public property and under the purview and responsibility of the City. Insurance coverage for the incidental use would be the responsibility of the City. Mangrove Mitigation area in Jaycee Park: Per section 3.3, the City will allow the use of a portion of Jaycee Park for a mangrove mitigation area to accommodate mangroves removed as part of the Boynton Beach Promenade area (per State and SFWMD permits). The ongoing maintenance is paid by the City as the mangroves mitigated are part ofa larger area constructed at Jaycee Park. FISCAL IMP ACT: As noted above repair and maintenance of the Promenade area is paid by the City and reimbursed by the CRA. It is estimated this cost will be $120,000 a year beginning in FY 2006-07. A replacement fund for appurtenances is recommended as well. This would be estimated to be approximately $80,000. The City would be responsible for the operation and maintenance of the mangrove mitigation area at Jaycee Park at an estimated cost of$15,000 a year. ALTERNATIVES: Do not approve the intralocal agreement. The CRA has proceeded on the promenade project at their own risk. The City would assume operation and maintenance of the promenade. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~~ Department ead's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R05- 0Cf I A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REGARDING THE BOYNTON BEACH EXTENSION PROMENADE PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns land that is know as the Boynton Beach Extension 15 Promenade Property; and 16 WHEREAS, the CRA owns property that will become a portion of the Boynton Beach 17 Extension and Promenade project and is going to have improvements permitted and 18 constructed on said property; and 19 WHEREAS, the eRA wishes to further reimburse the City for its additional costs of 20 acquisition of the Hall property; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon 22 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 23 City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton 24 Beach and Boynton Beach Community Redevelopment Agency regarding the Boynton Beach 25 Extension Promenade Project. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above IS true and correct and 29 incorporated herein by this reference. S:\CA\RESO\Agreements'Jnterlocals\ILA with CRA (Promenade Extension).doc II Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve the Interlocal Agreement between the City of Boynton Beach and the Boynton 3 Beach Community Redevelopment Agency regarding the Boynton Beach Extension 4 Promenade Project, a copy of said Agreement is attached hereto as Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of ,2005. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 City Clerk 28 29 30 (Corporate Seal) 31 32 CITY OF BOYNTON BEACH, FLORIDA Mayor - Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Agreements\Interlocals\ILA with CRA (Promenade Extension).doc AGREEMENT FOR THE BOYNTON BEACH EXTENSION - PROMENADE PROJECT THIS IS AN AGREEMENT, made and entered into this~day of ~U&b\ ,2005, by and between the BOYNTON BEACH COMMUNITY REDEVELOPM T AGENCY (hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "CITY"). WHEREAS, the CITY owns land that is known as the Boynton Beach Extension Promenade Property (see description and survey thereof attached hereto as Exhibit "A") hereinafter referred to as the "Property"; and WHEREAS, the CRA owns a property that will become a portion of the Boynton Beach Extension and Promenade project (hereinafter "PROJECT"), described in Exhibit "B" attached hereto and made a mart hereof. WHEREAS, the CRA is going to have improvements permitted and constructed on said property (Improvements will be described and depicted in the plan attached hereto as Exhibit "C"); and WHEREAS, the City has acquired the Hall property which is adjacent to the Boynton Beach Extension Promenade property which property contributes to the establishment of the promenade as a natural and preserved area and described in Exhibit "D" attached hereto and made a part hereof; and WHEREAS, the CRA wishes to further reimburse the City for its additional costs of acquisition of said Hall property; and WHEREAS, the parties hereto desire to outline the responsibilities relating to the Property; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the CRA and the CITY agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.0 Responsibilities of the CRA. 2.1 The CRA agrees to have permitted and constructed the improvements known as the Boynton Beach Extension Promenade Project and more particularly described in Exhibit "c" attached hereto and incorporated herein. 2.2 the project. The CRA will pay the City for its costs and expenses in the maintenance and repair of 2.3 The CRA will convey by Warranty Deed at no cost to the City that the portion ofland for the Project as described in Exhibit "B" attached hereto and made a part hereof. Page 1 LAPjas Rev, 6.7.04 M:\Interlocal Agreements\BBB Interlocal\BBCRA Ext - Promenade Proj - revised. doc 2.4 The CRA will reimburse the City m the amount of $1,477,533 for the City's acquisition costs of the Hall property. 3.0 Responsibilities of the CITY. 3.1 The CITY will take ownership of the improvements once completely constructed as described in Exhibit "C". 3.2 The CITY shall maintain and repair all the improvements described in Exhibit "C" for the life of the improvements. Said expenses and costs to be paid for by the CRA. 3.3 The CITY will allow for Jaycee Park to be used for Project mitigation including the granting of a conservation easement as shown in Exhibits "E" and "0" attached hereto and made a part hereof. The CRA shall pay $200,000 to the City for the construction of needed mitigation elements and use of public land. Plans attached as Exhibit "E". 3.4 The CITY will be liable for and shall indemnify and hold harmless the CRA, its agents, servants, and employees and officials from liabilities, damages, losses, claims, lawsuits, injuries and costs, including but not limited to, reasonable attorneys' fees at trial or appeal that result from any third party claim regarding or resulting from the use or condition of the Project property. 4.0 Term of Contract. The term of this Contract shall begin on the date of execution of the contract and end upon the first to occur of the following conditions: a. the completion of the improvements referenced herein; or b. when the CITY ceases to be the owner of the Property; or c. when the CRA is dissolved as an entity. 5.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 6.0 Entire Agreement. This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are hereby superseded by this Agreement. This Agreement may be modified in accordance with paragraph 7.0 below. 7.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 8.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. Page 2 LAP:jas Rev. 6.7.04 M:\Interlocal Agreements\BBB Interlocal\BBCRA Ext - Promenade Proj - revised. doc 10. Remedies. Any and all legal actions necessary to enforce this Agreement will be conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereinuder shall preclude any other or further exercise thereof. 11. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. 12. Effective Date. by the parties. This Agreement shall become effective on the date last signed IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. Page 3 LAP:jas Rev. 6.7.04 M:\Interlocal Agreements\BBB Interlocal\BBCRA Ext - Promenade Proj - revised. doc ~- ~.. ~ r4~ ~[] @] "Y!I..;/"""""'TT, a 0 I" Boynton Beach Extension, Promenade, RiverWalk . 1 in. = 200.0 feet I .I. ~ifj If ,'i. G ~ rn a 0 ~ ~OD ~[] Boynton Beach Extension, Promenade, RiverWalk . 1 in. = 200.0 feet l' ;>1'--' . 1 in. = 200.0 feet ~....,...... ,s., Ir'"). <. ,,1 . , tr'~ ' '--I .J J 7. 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(f) W ~ -;:::-~ f-- c..:>- N:Jlti <( ZWI"l~;!; - I-.rx au n:Sr::l c:(~ o..Vl lL.< (f) <(uj C3 ..;S (f):::2:~D::~~ <( Qd~ 3 ~~ cldc..:>c:(~~~ ZOZI"l~ L _Z ~ ~ < >-Nc:(~ a~3ill:::Jl 0::: .~.. > O::Vlc:(U .8 ::> --' '" <( (f)~ g ~@ ~ES IE)1 ~ $. o~iJ^'" j f I i ! " f I J I j f I f ~ t I j . I I J I .. i 11 ~J .x I l' j i~ ! ir t ~ lli 8 i '" - .. ~ i 8 I ;!: I ~ t ~ , "! .. ~ f ~ I !:: . ,. .. ~ f ~ ~ .. ~J ~ i ~ . gf ~] ~ I ; t ~ I ~ t i., oil t ; i ! J ~J :=: .. ~" Vi SCAlE AS NOTED ~OE9GHEDBYCEB g ORA.. BY JSA ~ 0iECKED BY CE8 . l? o ~~~"__n_c Lullna j ____~.__...JI r l~ IfVpOIUI1 .........,... ..,1 lJi1 .,. / ,fk1d .J. :1 I' i,i,'_"~ ~ I" 'LORID t.aklI _ 1 IMlr/lJ , j~(" ~.iB~_ i ~ '" Q. .... Tar I II , .,l___~, "1".=. _"tie . (I " ~ . =Lc.~."... ~"1""'ALtf',i,rl_~W'< E-o"F~-~--~--- I ~ i ~ e l~Rd3 ill: " ....r,..,;.,.,.,.. .Ra ii " '; A t o , .0-..... """'=.:::7c--.,...."}8O.t,--.~.:.:;:,... .",'=. 'AU,: ~. ;,' ~~..I-..f5.'rl~'UI 00If -: -- La"".}ja. Rl1 :l'1 1-+808.... r . .-r , . r _ , . .; .:;i.i: .\i~...,.-="" '_.."_".., 'p....,.,.,....,..... -.,"_,'..'".',_,..,'.'.,.,,'. .,-,.,--,- "........:..... ,:.,..""",,,,,, .., '\,i~, "I' '_., . ,,',,' . :";:cli ..' :,',',,;:3 :. - .~!~ LOCATION MAP AND AERIAL PHOTOGRAPH JAYCEE PARK MITIGATION AREA ~_n Kimley-Hom ~_U and Associates, Inc. @ 2OD4 KlII..Ey-tIQRN AND ASSOCIATES. !He. 2400 5.E. fEDERAL HWY', SUllE 320, S1\JART, FL 34994 =(772) 2IIlI-211O ""'(772) 286-0138 WWW..KM.EY-HCRUXlII CA 00l:XJ0S98 DESIGN EM......., DATE WILLIAM R. CARY. PE SEP 2004 AGURE BOYNTON BEACH BOULEVARD EXTENSION fLOAIOA REGISlRATIDN fU&]t: PRO.ECT NO. 22023 044688000 M-1A j I I i ! EXISTING VEGATATION i,L:~:~ ,TO~E~EMOVEO) _ J / I ,;' j ~-\.., tf I ---(-i"\__'JjJ_..,-Jjjj --j'''' -, ~----_ I PROPOSED UPLAND/WETLAND _,--!-' /-"1: ------C, J 25' BUFFER PLANTING AREA rC.(//13 ) f TO BE PLACED UNDER \ ,-v/ 1: CONSERVATION (O.3f: AC) // I //( I A// (. ~ .PRESERVE AREA - ~/ ~ I DO NOT DISTURB. ------- / '\.. i SIGNAGE (t)p) / I / I III ~ I A / ~J I 8: I ~ 5 l I 1'1 E I Jf" ~ J ~ I 5 ! 8 I . ,q ~ I ;1 ~ t ~ ~ q . ~ f It I .!. 'i . ~ f ~ ~ " , - !I !if I ;!- I :1- ~I i i '" ~ I U Jl i I ~~ ell i ~ I ., J ~J ~~ oj; SCAIL AS NOTED ~llE'SIGNED8YCEB ~ DR..... BY JSA i otEa<ED BY CEB o 05 NOTE: ! FLUSHING CHANNEL CONNECTIONS, UPLAND BUFFER PLANTING AREA AND WETLAND i PLANTING AREA TO BE STAKED AND QUANTIFIED IN THE FIELD PRIOR TO CONSTRUCTION. I "'-7 --rJ ~2:FEET ~ _.../ EXISTING : SHORELINE V (TO REMAIN) \ i I : II PROPOSED 17 V ~~~~~~E ._.~ CONNECTIO~ ~ c:r ~ ~ ....J ~ U) d () c:r ~ z - ~ ~i) BOTTOM OF FLUSHING CHANNEL (EL. -2.0 NGVD) ELEVATION REFERENCE POST (t)p) I I I I f I I I I I I I I I I J I I I I I I I \ \ ~, , , " '- EXISTING MANGROVES TO BE PLACED UNDER CONSERVATION (0.2f: AC) PROPOSED FLUSHING CHANNEL CONNECTION T.O.B. OF FLUSHING CHANNEL (EL. 1.3 NGVD) PROPOSED MmGA TION WETLAND PLANTING (0.57 AC TOTAL) (EL. 1.3 NGVD) TOTAL UNDER CONSERVATION (1.01 Acres) (0.5 AC FOR BOYNTON BEACH BLVD CUL-DE-SAC AND 0.03 FOR OTHERS AS PER SFWMD PERMIT #50-04166-P 7/29/04, AND 0.04 AC FOR PROMENADE MODIFlCA nON) PROPOSED WETLAND MONITORING TRANSECT & PHOTO STATION PROPERTY BOUNDARY EXISTING BULKHEAD (TO REMAIN) ! ; SITE PLAN JAYCEE PARK MITIGATION AREA ~_n Kimley-Hom ~_U and Associates, Inc. @ 2004 KIMLEY-HORN AND ASSOCIATES, INC. 2<400 S.E. FEDERAL HWY. UTE 320. SlUART. Ft 34B94 "'-'(772) 288-.110 'AX:(772) "'-01311 www.KBI.EY-HORN.CCIN CA 000008t6 DESIGN ENGINEER, OJ. TE WILLIAM R. CARY, PE SEP 2004 FIGuRE BOYNTON BEACH BOULEVARD EXTENSION FLCIRIDA RECIS1RA1'IOH fM&R: PROJECT NO_ M-1B (SFWMD) 22023 044688000 i I_ I POTENTIAL i FUlURE }. PARK ! IMPROVEMENTS " f I PROPOSED UPLAND/ WETLAND BUFFER 25' EXISTING MANGROVE r VEGATATION 25' - SO' (TO REMAIN) ICWW Lw.;.;c..:.::::-:.:m..m.......... ..m..... ..... '''~-MHW (1.B' NGIID) \ -.-----_'-'.:u.....u.. m-i-MLW (-0.7' NGIID) .--.--- - ......, EXISTING GROUND ~"-,,_ (ELEV VARIES) --__ PROPOSED PLANTING AREA FINISHED GRADE (0.5' BELOW MHW) (MATCH GRADE AT EXISITNG WETLAND) PROPOSED WETLAND CREATION AREA APPROX. 120' flUSHING CHANNEL 26.4' 'MDE TYP. 0 T.O.B. ><- -------- .I PROPOSED EXCAVATION I i I I f I I i ~ j 'Ii J l! BOTTOM OF CHANNEL (-2.0' NGVD) SECTION A-A N.T.S. - POTENTIAL FUlURE PARK IMPROVEMENTS PROPOSED UPLAND/ WETLAND BUFFER 2S' ICWW PROPOSED WETLAND CREATION AREA APPROX. 6S' l ...... _m '::-_"_~';:c:m. m.m...mmnm.....~_MHW (l.B' NGIID) -_."'-,:::::.::..::::.:..~.u~MLW (-0.7' NGIID) '.STING GflOUND /-------- (ELEV VARIES) ,~ -------- 1'~-' 4' PROPOSED EXCAVATION ~ Ii II ~l ell I '" ~ D J &. t ~ t ~ I 8 i N . l ~ j 8 I ~ I ~ t ~ J "! l J: ~ '!/ "& ~ I t: i ~ i PLANTING PLAN 1)" ~ <> ~ .. ~ . ~f ~! ; t ~ I ~ f tJ .g t i i !I ~ !3-t Iii SCALE N. T.S. ~IlESIONEIlBYCEB g ORA.. BY JSA .~ aiEa<ED BY CE8 . e <> PROPOSED FINISHED GRADE (0.5' BELOW MHW) SECTION B-B N.T.S. - PROPOSED PROPOSED WETLAND CR~ATION AREA ~ UPLAND/WETLAND ><- APPROX. 40 BUFFER 2S' POTENTIAL flUSHING CHANNEL FUlURE PARK t 26.4' 'MDE TYP. j IMPROVEMENTS - - - :::~.::_::=_:: .;~.:::::~:~::=:::~:._..::;~: .~:~~~-~:~~.~.:::~I=:~~:~:~~:~:~~::::::::::::::i:~~: (~:'/~~.b) 4' 4' EXISTING MANGROVES EXISTING GROUND-7--- (ELEV VARIES) MA TCH EXISTING GRADE PROPOSED EXCAVATION BOTTOM OF CHANNEL (-2.0' NGVD) PROPOSED FINISHED GRADE (0.5' BELOW MHW) SECTION C-C N.T.S. PLANT WETLAND Red Mangrove (Rhizophora mangle) SIZE DENSITY (o.c,) QUANTITY 1 gal 10' 295 1 gal 9' 194 3 gal 9' 194 3 gal 10' 52 1 gal 9' 194 UPLANDIWETLAND BUFFER Beach Sunflower (Halianthus debilis) Sea Oxeye Daisey (Borrichia frutescens) Green Buttonwood (Conocarpus erectus) Cordgrass (Spartina patens) CROSS-SECTIONS AND PLANTING PLAN JAYCEE PARK MITIGATION AREA ....,__.. Kirnley-Hom IIIlI...l U and Associates, Inc, @ 21104 KMEY_ _ ASSOCIATES, INC. 2400 SL FEDERAl HWY, SUtlE J2O. 5ruART, FL 34894 lR,,(m) 2IlO-21iO FA",(n2) 2IlO-t)138 www.KIIA.EY-tta.un. CA OOOOOSOl DESIGN _ DAlE WILLIAM R. CARY. PE SEP 2004 AGURE BOYNTON BEACH BOULEVARD EXTENSION PRO.IECT NO. 044688000 M-1C FURlA ___ ..- 22023 . 1 in. = 200.0 feet ..~ 'h'-1 ~ I" i. " I f"'1 1 : i r- -_Jri l_m/'l Boynton Beach Extension, Promenade, RiverWalk . 1 in. = 200.0 feet !--; ,--~._- ,,.,'::1 i't ;)l~ . 1. If , .,'. ( r.:j k" \ tdi 1 l.... [" - -it! -__I' Boynton Beach Extension, Promenade, RiverWalk t'8:J '8d '0 CJd 'L L i ---< b"McY3J b"M ---------- ,.... - bOOb ~r,,"": ad Ind M/;y ,00>:) ~ ~:;;:!: 7O>'JSO>'0.] 0>'''''-1 N/ & ! .!\ ~ II ,.., N ;..... N. . ,.., 0_ ". 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LaIoUCIaRI1. -. .-r , . r . I . LOCATION MAP AND AERIAL PHOTOGRAPH JAYCEE PARK MITIGATION AREA ~__.. Kimley-Hom ~ L] and Associates, Inc. @ 2004 ICN..EY~ AND ASSOaAlES" lNC. 2400 s.E.. FEDERAl. HWY, SUITE 320. SNART, fL 34994 1EC(772) 281-21"" F...(n2) 2Bl-0138 WWWJCM.EY-HQRN.CCIrI CA 000CJ0I8S DESIGN ENClI'IEEI> OA IE WILLIAM R. CARY. PE SEP 2004 FlOORE BOYNTON BEACH BOULEVARD EXTENSION PRO.ECT NO. 044688000 M-1A FLORIDA RECJ$lRATIDN r<<JIIER:: 22023 i I I I i EXISTING VEGA T A TION f ,L:~~::~~O BE REMOVED) J ' I i :..\~, t I I I I I I c I jJ ~ ! ~ Ii ~ I 1'J E I Jl-~ ~ J ~ i ~. I o ~ ;3 i ~ ci'j ~ I ;; I ~ t i I q ~ ili f ~ I !:: J '" .. ~ f ~ ~ ~ , - III I ':;-1 ~ i ~ I ~.- ~I i i CD .c I Jl I 2 ! ~ I CD e 8 I il ~~ Iii SCN..E AS NOW ~DESlGNED8YCEB g ORA" BY JSA ~ 0iECKED BY CEB . ::? o NOTE: ! FLUSHING CHANNEL CONNECTIONS. UPLAND BUFFER PLANTING AREA AND WETLAND i PLANTING AREA TO BE STAKED AND QUANTIFIED IN THE FIELD PRIOR TO CONSTRUCTION. i "'-7 ~o 25 ../' L-.- ' SCALE IN FEET _",/' EXISTING ! SHOREUNE V (TO REMAIN) \ i ,: II PROPOSED '~v ~E~~o~ ~ cr If! ~ ~ 50 I ,)~r' -( \ --j'~---"J.~J_f-)~j--- ~~ PROPOSED UPLAND/WETlAND ,J.(,~~=:'>X;------------g, 25' BUFFER PLANTING AREA ,~/,- 0 .! TO BE PLACED UNDER \ ...c''- CONSERVATION (0.3:t AC) ,-~ "/r "PRESERVE AREA - ~~ -- t DO NOT DISTURB" ------ / SIGN AGE (t)'p) / I I I I A / I I BOTTOM OF flUSHING CHANNEL (El. -2.0 NGVO) -J ~ C/) d () cr If! 2 - ELEVATION REFERENCE POST (t)'p ) I I I I f I I I J J J { I I / I I I I I I I \ \ \ ~, " " " "- EXISTING MANGROVES TO BE PLACED UNDER CONSERVATION (0.2:t AC) PROPOSED flUSHING CHANNEl CONNECTION T.O.B. OF FLUSHING CHANNEL (El. 1.3 NGVO) PROPOSED MITIGATION WETlAND PLANTING (0.57 AC TOTAL) (El. 1.3 NGVO) TOTAL UNDER CONSERVATION (1.01 Acres) (0.5 AC FOR BOYNTON BEACH BLVD CUL-DE-SAC AND 0.03 FOR OTHERS AS PER SFWMD PERMIT 150-04166-P 7/29/04, AND 0.04 AC FOR PROt.AENADE MODIFICATION) PROPOSED WETlAND MONITORING TRANSECT & PHOTO STATION PROPERTY BOUNDARY EXISTING BULKHEAD (TO REMAIN) SITE PLAN JAYCEE PARK MITIGATION AREA .....-,_n Kimley-Hom ~_U and Associates, Inc. @ 2004 KMEY-HC:A\I Nfl) ASSOaATES. tHe. 2400 S.E. FEDERAL HW't. UtE 320. STUART. FL 34194 ""(772) 2.11-""" ""'(772) 2llI-oI3a WWW.KMLY-ttOAN.COIII CA 00000896 llESIGN .........., DATE WILLIAM R. CARY, PE SEP 2004 FIGURE BOYNTON BEACH BOULEVARD EXTENSION Fl.ORIlA AEllIS1RAlKJI _ PRO.JEcr NO. 22023 044688000 M-18 (SFWMD) j f__ 1 POTENTIAL I FUTURE PARK IMPROVEMENTS PROPOSED UPLAND/ WETI.AND BUFFER 2S' EXISTING MANGROVE r VEGATATION 2S' - SO' (TO REMAIN) ICWW L_\'_:':'_':'::'::::':::::::'hhm__., 'hmu. "'n n-~~MHW (loB' NGIID) - - --"":'::::::"-- m~~MLW (-D. 7' NGIID) --- EXISTING GROUND ----__ (ELEV VARIES) ---_ PROPOSED PLANTING AREA FINISHED GRADE (0.5' BELOW MHW) (MATCH GRADE AT EXISITNG WETlAND) PROPOSED WETI.ANO CREATION AREA APPROX. 120' FLUSHING CHANNEL 26.4' WIDE TYP. 0 T.O.B. - s -------- f I .I PROPOSED EXCAVATION I j i 1 i t 1; t 1 I f I J I BOTTOM OF CHANNEL (-2.0' NGVD) SECTION A-A NT.S. -- POTENTIAL FUTURE PARK IMPROVEMENTS PROPOSED UPLAND/ 'ttElLAND BUFFER 2S' ICWW PROPOSED WETI.AND CREATION AREA APPROX. 6S' ......:... ........." ........... l ~.,._"'_:.:_m u..nmumhm..m__i--MHW (1.B' NGIID) -_-=::::,:-,:,:uhm-~MLW (-0.7' NGIID) -- EXISTING GROUND /-------- (ELEV VARIES) .- PROPOSED EXCAVATION " & II ~J ell 1 ...... " J ~l ~ I 8 i N - .. ~ i 8 1 ~ I ~ t ~ J q .. ~ f ~ J ; i PLANTING PLAN '7 ~I ~ o ~ & ~ I gf ~J ~ l i I !Xl .c: 1 u S i r ~ I .g i j i ! J ~J ~l Iii SCALE N. T.S. ~1lE!lKlNEIl8YCEB g ORA.. BY JSA r 0tECKED BY CEB . 2 o PROPOSED FINISHED GRADE (0.5' BELOW MHW) SECTION B-B N.T.S. -- PROPOSED PROPOSED 'ttElLAND CR~ATION AREA ~ UPLANDjWETI.AND _ APPROX. 40 BUFFER 2S' POTENTIAL flUSHING CHANNEL FUTURE PARK t 26.4' WIDE TYP. j IMPROVEMENTS - - - :::~.=_::=-=~~.=,::=~~:~::~~---~;~: .~~~~:~.~~.~.~-~::~~-=~~~~:=~:~:=~:~:::~:~::~~~~: (~.:./~:,) 4' 4' EXISTING MANGROVES EXISTING GROUND7--- (ELEV VARIES) MA TCH EXISTING GRADE PROPOSED EXCAVATION BOTTOM OF CHANNEL (-2.0' NGVD) PROPOSED FINISHED GRADE (0.5' BELOW MHW) SECTION C-C N.T.S. PLANT WETLAND Red Mangrove (Rhizophora mangle) SIZE DENSITY (o.c.) QUANTITY 1 gal 10' 295 1 gal 9' 194 3 gal 9' 194 3 gal 10' 52 1 gal 9' 194 UPLANDIWETLAND BUFFER Beach Sunflower (Halianthus debilis) Sea Oxeye Daisey (Borrichia frutescens) Green Buttonwood (Conocarpus erectus) Cordgrass (Spartina patens) CROSS-SECTIONS AND PLANTING PLAN JAYCEE PARK MITIGATION AREA ~__n Kimley-Hom ~ U and Associates, Inc. @ :lOO4 ICIUY-HORH _ ASSOCIA1tS, lNC. 2400 s.E. FEDERAL HWY, SUITE 320, STUART, fL 34894 In,,(m) 288-2190 F..,(m) 288-0138 WWW.KMEY-HORN.CCliI CA 000D0He llESICN _ DATE WILLIAM R. CARY. PE SEP 2004 AGuRE BOYNTON BEACH BOULEVARD EXTENSION PRO.ECT NO. 044688000 M-1C FlORIDA AEGISlRA 1KIN NUMBER: 22023 G I ~. -~~-----'--------_.__._-_._--~--_.__..-.- IT] I I ---._~-_.,~._--- ~~ ~~ ~[J I~ \ ..-.n-.I"""'-1fr........ -. -~._-~--_.~._~-__....~ a 0 ... - I" Boynton Beach Extension, Promenade, RiverWalk . 1 in. = 200.0 feet .f _/"r G -~~~.~~ c It (DJ-.-....... ...- [OJI I a 0 @] ...-------'----"-----.-------~-.,.""'>rI. . ~ou ~[] ~ Boynton Beach Extension, Promenade, RiverWalk . 1 in. = 200.0 feet _1, _31 "r