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Agenda 04-04-06 "'....,',, ,.,."".....k)1;',Oj._,,"'......H',i'N",;"..~;,\;t~;;,.o:;:;;;;r~j;:;~j~<','.,,~,i;,~ao;t.;,;f~;.;A~':.;;"".:;;;;::1",.~{c;~~Li~.~~,x;:~;qil:"i~j"';,di~ki;$Ji!.O;.;~.iJ~~__.~~_~,..~. The City of B.r 'O~,... .y.... i!ni'~ .t~'o"'.n. Br. "'9"1'" aiR' Cd/' ..h'.!'" !..i ! ..} "/!i '.:.. ......J/ J J .~~../'y ;.:,> ~: .:. :.. ..../ J J "- .", , ",,?' 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA APRIL 4, 2006 Jerry Taylor Mayor - At Large Kurt Bressner City Manager DISTRI T I Bob Ensler Commissioner - District I Mack McCray Commissioner - District II Mike Ferguson Commissioner - District III Carl McKoy Vice Mayor - District IV James Cherof City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES 8r. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings. " · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA April 4, 2006 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Reverend Randall Gill - First Presbyterian Church C. Pledge of Allegiance to the Flag led by Commissioner Ensler D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None. B. Community and Special Events: None C. Presentations: 1. Proclamations: a. Fair Housing Month - April 2006 b. Water Conservation Month - April 2006 c. National Library Week - April 2-8, 2006 2. Presentation by the Community Redevelopment Agency (CRA) to discuss City Commission support for a partnership between the CRA and the Heart of Boynton Self-Assembly Group to develop a conceptual site plan and feasibility analysis for development in the Heart of Boynton. 3. Presentation by Mike Szrejter, President Tomodachi Judo Club to honor Commissioner Bob Ensler on his promotion to Black Belt in the United States Judo Association. Agenda Regular City Commission Meeting Boynton Beach, FL April 4, 2006 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (At the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission.) v. ADMINISTRATIVE: A. Accept the resignation of Jean Cairo, regular member of the Education Advisory Board. B. Accept the resignation of Deborah Nesbit, alternate member of the Arts Commission. C. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled(3) IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled(3) Mayor Taylor Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 I Ensler Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 II McCray Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 III Ferguson Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 IV McKoy Adv. Bd. On Children & Youth Stu/RegjVoting 1 yr term to 4/07 Mayor Taylor Adv. Bd. On Children & Youth Stu/RegjVoting 1 yr term to 4/07 II Ensler Adv. Bd. On Children & Youth Stu/Reg/NonVoting 1 yr term to 4/07 III Ferguson Arts Commission Reg 3 yr term to 4/09 IV McKoy Arts Commission Reg 3 yr term to 4/09 Mayor Taylor Arts Commission Alt 1 yr term to 4/07 I Ensler Arts Commission Alt. 1 yr term to 4/07 IV McKoy Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/09 Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/09 I Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 I Ensler Cemetery Board Alt 1 yr term to 4/07 Tabled (3) II McCray Cemetery Board Reg 3 yr term to 4/09 III Ferguson Cemetery Board Reg 3 yr term to 4/09 II McCray Code Compliance Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Code Compliance Board Alt 1 yr term to 4/07 IV McKoy Code Compliance Board Reg 3 yr term to 4/09 Mayor Taylor Code Compliance Board Reg 3 yr term to 4/09 IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Community Relations Board Reg 3 yr term to 4/09 I Ensler Community Relations Board Reg 3 yr term to 4/09 II McCray Community Relations Board Reg 3 yr term to 4/09 2 Agenda Regular City Commission Meeting Boynton Beach, FL April 4, 2006 II Ferguson Community Relations Board Alt 1 yr term to 4/07 III Ferguson Education Advisory Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Education Advisory Board Reg 2 yr term to 4/08 Mayor Taylor Education Advisory Board Reg 2 yr term to 4/08 I Ensler Education Advisory Board Reg 2 yr term to 4/08 II McCray Education Advisory Board Reg 2 yr term to 4/08 III Ferguson Education Advisory Board Reg 2 yr term to 4/08 IV McKoy Education Advisory Board Alt 1 yr term to 4/07 Mayor Taylor Education Advisory Board Stu 1 yr term to 4/07 I Ensler Education Advisory Board Stu 1 yr term to 4/07 IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (3) Mayor Taylor Library Board Reg 3 yr term to 4/09 I Ensler Library Board Reg 3 yr term to 4/09 II McCray Library Board Alt 1 yr term to 4/07 Mayor Taylor Planning & Development Board Reg 2 yr term to 4/08 I Ensler Planning & Development Board Reg 2 yr term to 4/08 II McCray Planning & Development Board Reg 2 yr term to 4/08 III Ferguson Planning & Development Board Reg 2 yr term to 4/08 IV McKoy Planning & Development Board Alt 1 yr term to 4/07 Mayor Taylor Planning & Development Board Alt 1 yr term to 4/07 III Ferguson Recreation & Parks Board Reg 3 yr term to 4/09 IV McKoy Recreation & Parks Board Reg 3 yr term to 4/09 Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/09 I Ensler Recreation & Parks Board Reg 3 yr term to 4/09 II McCray Recreation & Parks Board Alt 1 yr term to 4/07 III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 III Ferguson Senior Advisory Board Reg 2 yr term to 4/08 IV McKoy Senior Advisory Board Reg 2 yr term to 4/08 Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/08 I Ensler Senior Advisory Board Alt 1 yr term to 4/07 II McCray Senior Advisory Board Alt 1 yr term to 4/07 Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 4/09 I Ensler Veterans Advisory Commission Reg 3 yr term to 4/09 II McCray Veterans Advisory Commission AIt 1 yr term to 4/07 III Ferguson Veterans Advisory Commission AIt 1 yr term to 4/07 IV McKoy Veterans Advisory Commission Alt 1 yr term to 4/07 Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 4/07 Ensler Employees' Pension Board Reg 3 yr term to 4/08 D. Selection of Chair and Vice Chair of Community Redevelopment Agency (CRA). 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. 3 Agenda Regular City Commission Meeting Boynton Beach, FL April 4, 2006 A. Minutes: 1. Agenda Preview Conference - March 17, 2006 2. Regular City Commission - March 21, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. None. C. Resolutions: 1. Proposed Resolution No. R06-078 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Elizabeth Meeker & Penny Cunningham for the property at 1228 Ridge Rd., Lake Worth, FL (Ridge Grove Lt. 124). 2. Proposed Resolution No. R06-079 RE: Approving and authorizing execution of the Memorandum of Understanding (MOU) between the City of Boynton Beach and the National Conference of Fireman and Oilers, SEIU, AFL-CIO, Local 1227, Blue Collar Bargaining Unit to provide green City-logo sweatshirts. D. Return cash bond of $15,228.40 to RCCI, LLC for the project known as Shoppes at Renaissance Commons (Bldg #5). E. Approve the "Surplus Vehicle List" for one (1) item as submitted by the Public Works/Fleet Maintenance and allow for the sale of same. VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS: None. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION Description: Tuscan Villas (aka The Villas at Boynton Beach ANEX 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Blvd. Request to annex 1.407-acre parcel into the city. (1st Reading of Proposed Ordinance No. 06-030) A. Project: Agent: Owner: Location: 4 Agenda Regular City Commission Meeting Boynton Beach, FL April 4, 2006 Description: Tuscan Villas (aka The Villas at Boynton Beach LUAR 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Blvd. Request to change the land use classification from Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) to Special High Density Residential (SHDR). (1st Reading of Proposed Ordinance No. 06-031) B. Project: Agent: Owner: Location: Request to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). (1st Reading of Proposed Ordinance No. 06-032) Proposed Use: 22 townhouse-style condominium units on 1.407 acres. 1. Tuscan Villas (aka The Villas at Boynton Beach) (NWSP 06-002) Request new site plan approval to construct 22 townhouse style condominium units and related site improvements on 1.407 acres in the Infill Planned Unit Development (IPUD) zoning district. IX. CITY MANAGER'S REPORT: A. Update on City's position on minority contracts B. Review Mayor's request for a Community-Based Visioning Process X. FUTURE AGENDA ITEMS: A. Future location options for City Hall - April 18, 2006 B. Requirement for underground utility lines for all new development - May 2, 2006 C. Increasing Community Investment Funds - May 2006 D. Cellular 911 Dispatch - May 2006 E. Utility Service Area Analysis - June 2006 F. Review of Recreation & Park Fees - June 2006 XI. NEW BUSINESS: 5 Agenda Regular City Commission Meeting Boynton Beach, FL April 4, 2006 None. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 06-024 RE: Abandoning a portion of SW 7th Street abutting residential property located at 504 SW 7th Street in Lake Boynton Estates. Abandonment consists of a shell rock stub street 50 feet in width by 120 feet in length and a total of 6,000 square feet (0.138 acre) in area. (504 SW ih Street ABAN 06-002) 2. Proposed Ordinance No 06-025 RE: Amending Part III, Land Development Regulations, Chapter 1, Article V, Impact Fees and Dedications, by deleting Section 3 and adopting a new Section 3, Parks and Recreation Facilities Impact Fee, providing for and establishing procedures for the calculations and collections of a Park and Recreation Facilities Impact Fee. 3. Proposed Ordinance No. 06-026 RE: Amending City Code of Ordinance, Section 18-135 to establish procedures for the election of the three (3) elected Trustee positions of the General Employees' Pension Board. 4. Proposed Ordinance No. 06-027 RE: Amending Chapter 18, Article II, Section 4 of the Code of Ordinances for the City of Boynton Beach to create Section 18-128, Entitled "Elective Benefits;" codifying the elective benefits available to members of the General Employees' Pension Plan. 5. Proposed Ordinance No. 06-028 RE: Amending Ordinance 04-050, pertaining to Section 18-81 of the City of Code of Ordinances, General Employees' Pension Plan, to re-open the open enrollment period during which current members of the General Employees' Pension Plan may exercise a one time opportunity to purchase service credits for prior military service. B. Ordinance - 1st Reading 1. Proposed Ordinance No. 06-029 RE: Approving de- annexing from the City of Boynton Beach, a parcel of land located at 2200 Lake Drive, which is not contiguous to the City. (Tabled to 4/4/06) 6 Agenda Regular City Commission Meeting Boynton Beach, FL April 4, 2006 C. Resolutions: 1. Proposed Resolution No. R06-075 RE: Approving and authorizing execution of the Interlocal Agreement between the City of Delray Beach and the City of Boynton Beach regarding the maintenance of the Lake Drive Bridge. (Tabled to 4/4/06) 2. Proposed Resolution No. R06-057 RE: Declaring the public necessity of acquiring the commercial condominium units designated as suites 101, 102, 104 and 209 within the First Financial Plaza for the purpose of acquiring fee simple, required for the elimination of blight and slum and future construction of improvements to the City's original Redevelopment area and for vehicular and pedestrian access and public parking within the City of Boynton Beach, F'L. (Tabled on 3/21/06) D. Other: None. XIII. UNFINISHED BUSINESS: A. Continued Discussion of Adaptive Re-use of Golf Course and Landfill Parcels XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DEOSION 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 AUXIUARY 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 1WENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 03/31/06 10:45 a.m. S:\CC\ WP\CCAGENDA \AGENDAS\ Year 2006\032106.doc 7 ~\1"Y o~ , 1 / f:' .,' ........,'--.....:'..'. . - 0\. \ "'" 0\ . J\ . Iv ).. ""/,, ~>- --.' ON v III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a 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 [gj April 4, 2006 March 20, 2006 (Noon_) 0 June 6, 2006 May 15, 2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3,2006 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal ----,,,,,," 0 Bids 0 Unfinished Business :c,:,-j; ::'u 0 Announcement [gj Presentation -.J 0 City Manager's Report v ........i;... - J ~' _A~ ~-::' ~.n :.) ;.==~ RECOMMENDA TION: Present Proclamation llG --"-(T} '-:J-r--... C.) ,-"j C; EXPLANATION: Each Spring, the U.S. Housing and Urban Development department (HUD) marks the anniversary oftfre Fair Housing Act, which was passed in 1968. This landmark legislation helps foster diverse communities, so people of every race and ethnicity share a common goal in building a strong future for families. PROGRAM IMPACT: This Proclamation will help raise public awareness of Fair Housing Month. FISCAL IMPACT: None AL TERNA TIVES: Not present Proclamation UI~~pZ!~'~"""e ~re Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC The strength of our nation, and all of its states, flows from the promise of individual equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues. The anniversary of the enactment of Title VIII during the month of April is an occasion for Americans, individually and collectively, to rededicate themselves to the principle of freedom of choice and to participate in efforts to eliminate vestiges of housing discrimination wherever they occur. Since fair housing is consistent with the principle of quality and justice for all, we all need to share in the fight to ensure fair housing is a reality for all residents. Fair housing is the policy of the City of Boynton Beach, and implementation of that policy requires positive commitment, involvement and support of all our citizens. The City will continue to provide the necessary leadership to make fair housing not just an idea but an ideal for all our residents. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 2006 as: Fair Housing Month and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 4th day of April, Two Thousand Six. Jerry Taylor, Mayor City of Boynton Beach ATTEST : City Clerk (Corporate Seal) ".' \ -<;rY~""\ /~ \ !', . . .,- f - r""- 4\ ' /C~ < '" G. .... J. '"_ C, .' // \ ;'~!~'r'c N'4';t~ v III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.b 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 [8J April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement [8J Presentation 0 City Manager's Report RECOMMENDA TlON: Present Proclamation EXPLANATION: Six years ago, the Florida Section of American Water Works Association declared the month of April as Water Conservation Month. The state has experienced tremendous growth in population and tourism and typically experiences drought-like conditions during the spring of the year. Therefore, April was set aside to educate citizens about how they can help save Florida's precious water resources. PROGRAM IMPACT: This Proclamation will heighten awareness of the need to conserve water. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation W~~. ~~~~ epartment d's SI ture ~~ahrr' Public Affairs Department Name City Attorney / Finance I Human Resources S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC PROCLAMA TION Although we are surrounded by water, most is not drinkable. In fact, only three percent of the world's water is fresh water. Of this, two-thirds is stored in ice caps and glaciers, which leaves only one percent of the world's water available for drinking. Six years ago, the Florida Section of American Water Works Association declared the month of April as Water Conservation Month. The state has experienced tremendous growth in population and tourism and typically experiences drought- like conditions during the spring of the year. Therefore, April was set aside to educate citizens about how they can help save Florida's precious water resources. The purpose of commemorating Water Conservation Month is to bring awareness for the need to conserve water not only during the spring of the year but all year long. Recognizing that water conservation can promote a healthy economy and community, the City of Boynton Beach Utilities Department has been at the forefront in encouraging and supporting water conservation. Every business, industry, school and citizen in Boynton Beach has a responsibility when it comes to conserving water. The good news is that everyone can make a difference without all that much effort. Thanks to new ideas, products and technologies, everyone has the opportunity to use less water than ever before. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 2006 as: Water Conservation Month in Boynton Beach and urge all citizens to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. In witness whereof, 1 have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 4th day of April, two thousand and six. Jerry Taylor, Mayor City of Boynton Beach ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) ~\..,:~"" "'- /' \. r L " \ !k. \ l..\ !:. j.~.~>'",,,,,' '",,~,,<:':;~"/ , " " """'0 :>" III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.c 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 ~ April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May] 5,2006 (Noon) 0 April] 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June ]9,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement ~ Presentation 0 City Manager's Report RECOMMENDATION: Present Proclamation EXPLANATION: First sponsored in 1958, National Library Week is a national observance sponsored by the American Library Association (ALA) and libraries across the country each April. It is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. All types ofIibraries - school, public, academic and special - participate. PROGRAM IMPACT: Presentation of this Proclamation will help increase public awareness of the many contributions made by libraries to the quality of life in the community. FISCAL IMPACT: None AL TERNA TIVES: Not present proclamation -cJ~L ~ ~A-e: epartmen ead's Ignature ~ City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CProc{amation WHEREAS, our nation's public, academic, school and specialized libraries provide something for everyone; WHEREAS, libraries playa vital role In providing millions of people with the resources they need to live, learn and work in the 21 st century; WHEREAS, libraries are changing and dynamic places and librarians are the ultimate search engine, helping people of all ages find the information they need in print and online; WHEREAS, libraries are part of the American Dream - places for opportunity, education, self- help and lifelong learning; WHEREAS, libraries bring you a world of knowledge both in person and online, as well as personal service and assistance in finding what you need, when you need it; WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide;" WHEREAS, more individuals must be recruited to the profession of librarianship and to work in libraries to maintain their vitality in today's changing workplace; WHEREAS, awareness and support must be increased for libraries, librarians and library workers by raising their visibility in a positive context and by communicating clearly and strongly why libraries are both unique and valuable WHEREAS, library users and non-users alike are encouraged to stand up and speak out for libraries and to support library funding efforts; WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week with The Campaign for America's Libraries. NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, do hereby proclaim April 2 - 8, 2006, as National Library Week, with Tuesday, April 4th declared as National Library Workers Day in the City of Boynton Beach and I encourage all residents to take advantage of the wonderful library resources available and thank their librarians and library workers for making information accessible to all who walk through the library's doors. Come see why there's something for everyone @ your library IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Boynton Beach, Florida to be affixed to this proclamation on the 4th day of April, Two Thousand Six. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR~l lII.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Oflice ~ April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May ]5,2006 (Noon) 0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 ONoon) 0 July 5, 2006 June ]9, 2006 ONoon) 0 May] 6, 2006 May],2006 ONoon) 0 July 18, 2006 July 3,2006 (Noon) 0 0 :-~ Administrative Development Plans -. -_.- -( NATURE OF 0 Consent Agenda 0 New Business <c _.- AGENDA ITEM 0 0 ,.,."-' Public Hearing Legal N ~,-' I .'~-~ 0 0 Unfinished Business ~ -" Bids 0 ~ Presentation -0 Announcement -"':>- -, 0 City Manager's Report .';' --,' ....,J.) -r-n '~J""';-~ 0) P10 RECOMMENDA nON: Presentation by the Community Redevelopment Agency to discuss City Commission support for a partnership between the CRA and the Heart of Boynton Self-Assembly Group to develop a conceptual site plan and feasibility analysis for development in the Heart of Boynton. EXPLANATION: One of the recommendations of the Heart of Boynton Community Redevelopment Plan is the purchase and redevelopment of properties along the Martin Luther King, Jr. corridor. The Plan calls for multifamily buildings with nodes of commercial at Seacrest and Federal Highway. To implement this recommendation, the CRA and City entered into an interlocal agreement to acquire the properties either through willing sales or eminent domain. To date, the City has control over six of the parcels within the site, the CRA has control over eleven and thirteen are in the eminent domain process (see attached map). The Boynton Beach CRA created the Self-Assembly Program to encourage property owners to pool their properties and create developable sites. The self-assembly concept also gives property owners the option to stay in the area by coming back into the new project either as a resident or business owner. Currently, there are four self-assembly groups within the CRA working to assemble their property, one of which is the HOB Phase I Self-Assembly. The HOB self-assembly group is comprised of six property owners, Carolyn Young, Larry Finklestein, Zamir Ulusoy, Blendi Turku.and the CRA. Originally, it was planned that once the properties comprising HOB Phase I were assembled, the CRA would seek Requests for Proposals from qualified developers to redevelop the site. However, at this time, the self-assembly property owners are proposing to develop the site themselves through a limited partnership. At their February 2006 meeting, the CRA Board voted to work with the self-assembly group to create a development concept to bring back to the Board. The CRA supports exploring this proposal for two reasons. First, the project could potentially get started quicker than going through the RFP process. Secondly, the public amenities that the CRA desires to see at the site, affordable housing, small business incubator space, enhanced architectural design and public art may be difficult to extract from a private developer. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM At this time, the self-assembly group has negotiated a Letter of Intent that frames the terms of a limited partnership agreement. Once the partnership agreement is finalized, work will begin on a site plan and elevation concepts. A financial feasibility analysis will then be conducted. If the Board approves of the direction of the project, the group will proceed to take the project through the site plan approval process. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Continue with land acquisition efforts and prepare a Request for Proposal for site development in the Heart of Boynton Phase I area. <,---", j /' \j ()/' 1"7 (, J .i ':1" "'~1o": ,1.. , _,' v. ...' , Depart~ent IJea<h; Signature ~S' CIty Manager's Ignature ~~<..: <'~:-ls (~ ,,.r~-i::" ~i~ A)'" Departrr\ent Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ~ ..... ~ "0 Q,; ~ ~ ~ ~ ~ ..cl ~ I == ""'l ...... o ~ c.., o ..... = I - ----- I t--' iB "I ~ i - = - r--" I ..-. i1 0 t:j = - ~ - ..... ~ ..... ~ R ..... 0 8 ..... ..... IN ~ 0 - il ..... - ~ ~ -- ~ S - ~ ~ - - ~ 0 ..... - - -- r-- r ~ I--"" t] - ..-. :!i= ~ ,- -- "'~J- - ~o ; --"- r; ~ , .. - .. ~ ~) , - ..... ~ i C1 ~ - . .. - I- S~ a i - ~ 0 - I ic - r 0 c: - ..... . r-- - 8 I - j - - ~ - - ~ \C f-- Q il: - f-- Q - ~ -- M - .il: ~ - ~ ~ ~ ..... ~N J ~ - - '"= - -- - "-~ -- - i~i.. - r-- I ~ ~~ ~I. ~ , ; -~ ~ '.... ~ r-. i., .j -, ..' - .... '-..., -- ::=: I - ~. ~ ..- ..... ) ... - .-. ~ - .- e' -- 0 .,...- - 0- r----- I ~ ~ $1 - IN ..... 8 ..... ..... - - I ~ !! ~ - ..... ~~ 0 - ~ ~ ~ V ;!:; - ..- <:I ~ ~ ..... ..... ~ .L I = ~ ..- ~ ..- ~ ..... ..- ~ ~ ~ ~ ;w ..... ..._ 1.l .. -; ~ - l /} ~ ~ ~ ..- ~ - I I I I-< ..... ~ ~ c.+-.<r:/:l o I-< ..... (I) <Il :t:: .== (I) ~....:l ~ >. ~~ (I) (I) r:/:l <Il <Il < ..... s::: s::: ..... (I) ro .s 8 8 0 ~Cl 13 >.s::: ..... ~ UO 13 ~ o ~ u ~,.!.~r.- I' ", .'\.. / " " \)J..,Lr 0\, ,/0 1-:","" ,J /' 7"," '.. . ."01'1'9 III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business " -- "-"~I AGENDA ITEM 0 Public Hearing 0 Legal ~_,.L'< -"~ r.~ 0 0 ~ I.. " Bids Unfinished Business 0 Announcement l:8J Presentation f"0 ~ " ('''-'''' 0 City Manager's Report RECOMMENDATION: Mike Szrejter, President Tomodachi Judo Club to present and honor r,,) Commissioner Bob Ensler with his promotion to Black Belt in the United States Judo Association. .~~.~ ;:~-~ -. ~ ~!> "c, EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: ALTERN A TlVES: ~~%c~'F Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC FRel! : TCt'IJDACH J F':':< "::,. : 5'::.1431"7:]00 'Iar. 2:::: .:006 12: 86Ffl '" I .,~,.,,;:~-~..... A:' , <l:. i ," . <: . R -'.' . ,~... -'..., .~,~ L.O A W T amadachi J uda I-r::-~'-., " 4., ( ~ C'~ \', ",. . I- ... ....' \G.lj ~"",; ~_. ,J' ~"",,",.- 2~3-J ~w 12 ~trfto. BuYllt~. BC'4!("h. Fl3:U26 Emon: 1I1u..~"'(ii ~.t"l"'ulI. b.llN yok.... & Fa, (361) 406.7000 or 7:4(10;..770-& Pb/FlQ ~.1-70-J.3-l1-1 (JeU _"____H' "-_,,, ""------. '----- -.-----.-~.- ---.. -.,.. March 28. 2006 Ms. Joyce Costello, Thank you for taking time to talk to me today. Per our conversation, I am faxing you this request to be placed on the city commission meeting schedule next Tuesday, April 4, 2006. My intent is to present, and honor City Commissioner Bob Ensler with his promotion to Black Belt in the United States Judo Association. I might add that this should not take more than a couple of minutes of the commissions valuable time. Thank you for your assistance In this matter. V. ADMINISTRATIVE ITEM A. Jean Cairo 822 SW 33ra Place Boynton Beach, FL 3343 561-732-6151 Jean_ cairo@bellsouth.net March 13, 2006 City Clerk's Office 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Dear Sir or Madam: It is my sincere regret to inform you that effective immediately. I must resign my position as Chairperson of the Education Advisory Board. I am no longer able to fulfill my obligation to this board. I thank you for the opportunity to serve my community. Jean Cairo ene --' -.-:~- c:. ::Co:'''' ;::::J ~~-1 ..- ---- ,~ '. ~~~ :::> (; V. ADMINISTRATIVE ITEM B. February 5, 2006 Arts Commission Boynton Beach, Florida Ms. Debby Coles-Dobay Chair Ms. Arleen Dennison, City Employee This letter is to inform the commission of my resignation as of this date. I apologize for missing the last 2 meetings, but I was ill and per doctors orders could not attend. (I had the shingles) I realize that because of my father's poor health, I will most likely need to leave at a moments notice and will miss more meetings, and I feel that it is better to resign at this time and avoid more disruption of this commission. I will continue to support this commission. . -'j --1 "-1 Sincerely, l'; -', \---.: :;:;:; r'v .c- \j~ ~~ -~'< .;:...~~~ :-'... Deborah Nesbit c:o -.- ",;;I.~ .-;'icv 1'_1"1 ;:::::;~~i ~- , ":1 c:; :,:;j~;i.;\:~H1i;u:~l~~~:ilii!;Ji"J~~~~i__'biI~dli;~ti:~~"ii&lf~~~ii;~iiliit'~~~~,~~'i~~i!f:.t~di.JliiLil,~1~~iitiiM;&t;~f;]k:f~,?~j~~i~";:;:1f"i1iii;h:~i::'}.:'1.':~;~;~ii;~:Ji.:;''iil,~4k;jji~::;J,iii;!';i&'j,~;~c1'~~k1Ji~~~~~2';~,j4~.,j;;;1l;:,i;:(i"i!I,;~i,\;~:~:;,,:;';:"""-; V. ADMINISTRATIVE ITEM C. APPLICANTS ELIGIBLE FOR APPOINTMENT 04/04/06 I LAST NAME FIRST NAME 1st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION SUBMITTED Allard John Rec & Parks Bd 9/13/05 Arflin Cheryl Arts Com. 3/6/06 Baldwin Joseph J. Planning & Dev. Bd. 3/13/06 Barnes Matthew Community Rev. Ag. Planning & Dev. 3/30/06 Bd, Bessell Michael Bldg Bd of Adj and Code 2/23/06 Appeals Compliance Bd. Bonagura Robert Bldg Bd of Adj & Code 2/23/06 Appeals Compliance Bd. Buchanan Susan Education Adv. Bd. 3/22/06 Buckner David Veterans Adv. Com, 3/27/06 Casaine Sergio Planning & Dev. Bd. 2/15/06 Chamberlain Denise Sr. Adv. Bd. 2/27/06 Chiste Robert Adv. Bd. on Children 3/21/06 (Student) & Youth Costantino Michele Code Compliance 3/10/06 Bd. DeLiso Christopher Code Compliance 3/13/06 Gavlick Stanley Veterans Adv. Com. 3/17/06 Grcevic Sharon Planning & Dev. Bd, 2/27/07 latch Harry D. Cemetery Bd. 3/16/06 Hammer Patti Rec & Parks Bd 2/23/06 Hay Woodrow Planning & Dev. Bd. Community Code 2/28/06 Redev.Agency Compliance Bd. Hegeman Cramer Veterans Adv. Com. 3/7/06 Hogenkamp Christine Adv. Bd. On 3/28/06 (Student) Children & Youth James R.L. Sr. Adv. Bd. 3/8/06 Jenkins Elizabeth Sr. Adv. Bd. 3/7/06 Johnson Diana Planning & Dev. Bd 3/1/06 Lentz Barbara Arts Commission 3/17/06 McGee Barbara Library Board 3/2/06 McKinzie Lester Veterans Adv, Com. 3/27/06 McVey, Sr. John (Jack) Rec & Parks Bd, 3/7/06 Miller Brian Community Relations Bd. Mitchell Eddie Community 2/24/06 Relations Bd Morera Mary A. Adv. Bd. On 3/14/06 Children & Youth 1orrison Susan Cemetery Bd 2/22/06 I Orlove William Rec & Parks Bd 3/1/06 APPLICANTS ELIGIBLE FOR APPOINTMENT 04/04/06 (continued) Oyer Harvey Veterans Adv. 3/22/06 Comm. Peterson Brita Bldg Bd of Adj & 3/2/06 Appeals Pierce-Roe Elizabeth Recreation & Parks 3/14/06 (Bettv ) Preston Stuart L. Veterans Adv. 3/16/06 Comm. Rodriguez Jose Community Redev. 9/30/05 Agencv Richman Nubia Arts Commission 3/15/06 Saberson Roger Planning & Dev. Bd, 3/1/06 Sorgman Stanley G. Community 3/14/06 Relations Bd. Spinelli Betty Sr. Adv. Bel. 3/3/06 Taylor Jeannie Dee Library 3/14/06 Waldman Steve Advisory Bd. on 2/23/06 Children & Youth ;',."n"",,";,:~,:;:;I'";'c..,~~il<.'fi;illj>ll'ijiiii.ili.;:'.~i.~;jj;':;;,!i,"Ji.f;pjj;,',;1li;",,,:,{,.j_,i;,;.;;,,':" ,', ",~,'J:;:",';;";,,ji;,;,:~..,;:'il~:'ii'Ll#J;~:.,.;l$i;:':'~i:i;~,,":':;">,;.:0~idb~:'~lJ;&:.:r,:;;~,i&~j;.:~~;;;i<.:;':';':~jt;rti!k,~:.lM:k,:1!k,;t\,;tj,'1i~~ilj~i.t5I~;;{~.i~~a:'~-W~1i'jh-w.:'4i>;.ij;;fi,~,~!L:i1b~;L;i'1ir.;!f.i',,~i:tfj}J.:',;:;.:' V. ADMINISTRATIVE ITEM 0 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 [8] April 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006 May IS, 2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) [8] Administrative 0 Development Plans NATURE OF 0 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: Selection of Chair and Vice-Chair of Community Redevelopment Agency (CRA) by the City Commission. EXPLANATION: All CRA appointments are for a period of 4 years. See City Ordinance 82-13. This is consistent with Section 163.356, F.S. ("Creation of community redevelopment agency"). There are no term-limits. The term of appointment for the Chair and Vice Chair is one year commencing the first Tuesday in April of each year (the City Commission appoints the Chair and Vice Chair during the last meeting in March of each year). Board members may be appointed for up to 3 consecutive terms as Chair and Vice Chair. City Ordinance 04-008. Current CRA Board Members are as follows: James Baretta - term expires 1/1 0/08 Jeanne Heavilin - term expires 1/1 0/09 (Currently Chair) Henderson Tillman - term expires 1/10/09 (Currently Vice-Chair) AI Demarco - term expires 6/20/06 Marie Horenberger - term expires 6/20/08 Steve Myott - term expires 1/1 0/09 Storet Norem - term expires 1/10/10 PROGRAM IMP ACT: This is an annual requirement per the City Code. FISCAL IMPACT: None AL TERNA TlVES: Amend Code to change appointment process for Chair and Vice-Chair ofCRA Department Head's Signature City Manager's Signature City Attorney / Finance / Human Resources Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Sec. 2-13.2. City commission as governing body oj community redevelopment agency. Sec. 2-13.2. Governing body of community redevelopment agency.* (a) The City Commission shall appoint in accordance with the provisions of Chapter 163.357(1 )(c), Florida Statutes, the board of commissioners as the governing body of the community redevelopment area. The board will be composed of seven (7) members. (b) The community redevelopment agency, shall exercise its jurisdiction in all areas of the city which the city has heretofore designated for redevelopment. The community redevelopment area is more particularly described in Exhibit A which is attached to Ordinance No. 00-59 and incorporated herein [by reference]. (c) Chair and Vice-Chair. The City Commission, at the last meeting in March of each year, commencing March 2004, shall appoint the Chair and Vice-Chair of the Community Redevelopment Agency. The term of appointment to the position of Chair or Vice-Chair of the Board is one (1) year commencing the first Tuesday in April following appointment. Board members may be appointed to consecutive terms as Chair or Vice- Chair, not to exceed three (3) consecutive terms (Ord. No. 90-21, 99 1-4,8-7-90; Ord. No. 00-11, 9 1,4-18-00; Ord. No. 00-59, 92,11- 8-00; Ord. No. 00-69, 9 3,12-19-00; Ord. No. 01-62, 9 1,12-18-01; Ord. No. 04-008, 9 2, 3-16-04) ','~"""". ( \ " ~ VI.-CONSENT AGENDA ITEM C.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meetinl!. Dates in to City Clerk's Office Meetinl!. Dates ~ April 4,2006 March 20, 2006 (Noon.) 0 June 6, 2006 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 Date Final Form Must be turned m to City Clerk's Office May 15,2006 (Noon) June 5, 2006 (Noon) '~:? -'-i June 19,2006 (Noon) .~'..,~ c-'; -'.) ~~ -fl July 3, 2006 (Noon) (. _...~ -' . 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business (..'1 --J AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report .- --, ~"-'...!' , ~. {~. -~z ..,:'~tn -- I'r] ;~ c; RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Elizabeth Meeker & Penny Cunningham for the property at 1228 Ridge Rd, Lake Worth, FL (Ridge Grove Lt 124). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has 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. FISCAL IMPACT: None b;. p~n:e1" wUhi. the UtiUtles ..m.. ...~ City Manager's Signature Utilities Department Name ~ City Attorney I Finance I Human Resources XC: ~eter Mazzella (wI copy ofattachments) Michael Rumpf, Planning & Zoning " Anthony Penn File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC 1 RESOLUTION NO. R06- 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 8 CITY OF BOYNTON BEACH AND ELIZABETH 9 MEEKER & PENNY CUNNINGHAM; PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 1228 Ridge Road, Lake Worth, Florida (Ridge 15 Grove, Lot 124); and 16 WHEREAS, the parcel covered by this agreement will include a single-family home 17 located in the San CastlelRidge Grove project area; and 18 WHEREAS, a water distribution main has recently been completed on this street, 19 vicinity, allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 29 Elizabeth Meeker & Penny Cunningham, which Agreement is attached hereto as Exhibit "A". 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA \RESO\Agreements\Water Service\Meeker Cunningham Water Service Agreement.doc 1 2 3 4 PASSED AND ADOPTED this _ day of April, 2006. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 ~ayor 12 13 14 Vice ~ayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 Attest: 25 26 27 28 City Clerk 29 30 31 (Corporate Seal) S:\CA \RESO\Agreements\ Water Service\Meeker Cunningham Water Service Agreement.doc (joogle Local - 1228 Ridge Road, Lake Worth, FL Page I of I http://maps. google. com! 3/15/2006 THIS INSTRUMENT PREPARED BY: Jam .. i\, Chcrof Esquire Goren, Chcrof, Doody & EzroI, P.A. 3099 East CorrunerciaI Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA TJON . THIS AGREEMENT made on this _ day of ,200_, by and between .'. I ' &- rzab '" '~,.J1ereinafter caned the "Customer", and the CITY OF BOYNTON BEACH, a m ration of the State of Florida, hereinafter caned 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: J. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as foJJows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are -L#- Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, instaJJation 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 instaIIation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. AII such lines shall be approved by the Director of Utilities and subject to inspection by the City Eng:n,crs. The City shall have the option of either requiring the Customer to perform the work IlC ",y to conform the lines or the City may have the work performed on behalf ofthe 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 an 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 shan 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 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, 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 S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc 2 prohibitions, restrictions, limitations or requirements oflocal, regjonal, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shan 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. ] l. The Customer hereby agrees to indemnity, 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 colJection) 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 shan be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shalJ be valid upon the parties unless in writing executed by the parties to be bound thereby. 1 3. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject ofthis Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S:\CA\AGMTS\Water Servke\Water Service Agreement - Rev I~.doc 3 IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of n, ~, in the year 200lf () Sea~d and delivered in the presence of -V~ rn p.u,f; W!tpess Signature (aiD r; e- f1 Daf..s Print Name ~~'~/, , Witness Signature .. ..s Uf!l-I{/ ('0 L l. f/v.J' Print Name -I- ign'!~o/.e~ ~, ~ ltIa,eer- Print Name .<7 C (lJw~#~)611)'\ Witness S ature ~ ,,0 hprf'-l- Au~r(Y'(ln Name / ~;:;;z'ure t:L~A'/ t. $.. r1 ~ (;(,UI14 I MJi~ 104 Print Na e !J!lJ;/ 11/- Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ,/' , THE FOREGOING INSTRUMENT was acknowledged before me this -.!2 day of IzbiAJl~6' 200lP, by Q;1lr~be/k~ n,1ee L.fv+- and , who are known r~fo <'\0} I ~'ho'" ' have produced rOl f'Y\9 bO -;;Q 1- foro.. $~).;G.ls identification and who did/did not take an oath. PDt... C.-t,S2.. -~7-1(7-";(-O &{p~ A ~ Nrrry PUJ;lLIC ~ (l) I f-I vYl&t ~() V1~ Type or Print Name J>""~:f ~ Nolai)' Public State of Florida . ': Carol A Mahoney '\; ;: My CommISSion 00460414 Of,..tF Expires 0811012009 Commission No. 15 - (U - ;}-Ur) / My Commission Expires: S:\CA\AGMTS\Water SeIvice\power ofBtty.doc- ]..{H)6 H:\] 990\900] 82.BB\AGMT\Power of Attomey-]nd ].30-06.doc AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND f/.z.c..~4..rt.. r1~er 4.;.,....{ 12M.?'; C"-"""""'l t..^..... (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager ATTEST: City Clerk Approved as to form: City Attorney 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 m the County aforesaid to take acknowledgments, personally 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) My commission expires: Notary Public S:\CA \A GMTS\ Watcr Service\ Water Service Agreement.. Rev 1-6-06.doc 5 1m Beach County Property Appraiser Property Search System Page 1 of 1 .. . c ~,,(}~t:~q,:vP~'fo,fllfty .;\~pr3iser''S l":bli' A~'.:"~< S\'S'2~ ~~. l!; " ., "II ['~~ ,;;"'~~ ;;'':'~;:':; "~ .. ""d:::~,' t: I, ~: f 'f," It ~i t~; ". ~ ,'~..~. F - , . "",,;it1f .: fJ':' ~1~ -;;4ff";e 1:::;1 ,./:~ ~ <' - .. " .. '^ ~ . ~%;,e ~ ;fY,"1:;;~:~:{~~~ ~,~Q.>":~_ . _ , - Property Information Location Address: 1228 RIDGE RD I~~.j Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-1240 Subdivision: RIDGE GROVE IN Official Records Book: 05778 Page: 1089 Sale Date: Aug-1988 l..egaIQest;:ription: RIDGE GROVE LT 124 - Owner Information Name: MEEKER ELIZABETH A & ~~k~:1 Mailing Address: 1228 S RIDGE RD LAKE WORTH FL 33462 6142 - Sales Information Sales Date Book/Page Aug-1988 Q5Z~LJQ69 May-1986 Q486~L14~1 Price Sale Type Owner $40,500 WARRANTY DEED $5,000 QUIT CLAIM - Exemptions Regular Homestead: $25,000 Total: $25,000 Year of Exemption: 2006 - Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use (:Qde: ~003 37 157 10368 $47 525 Description: RESIDENTIAL Tax Year 2005 Number of Units: 1 *Total Square Feet: 936 * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~""""""""""""''''''','' ::"', ,..,' , " ,'" ~"': '.' ,^, - Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 20QS 149 243 392 ~,,,.,,,,,.,,.,,,,.,,,.,,., "" ~, " ,", ~'~il r~ ' ,.-', m~ ' , ' '" - 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. f{E'~QrQ ?S'ilrch I InfQrrTliltiQI1 I f:2<E;mpl[QI1? L(:Ql!lIDJlnil:y: If;IDP1Q)'IDE'1J! I N_E'w_tlQmE'J3JJygr I Offjq, L,ocatiQns VilILlE'J\QjlgitmgntJlQ~rQ I Sil_'{e_QI,JLJ:!Qm~s I S~lJjQLCQr!lE'r I Ri?_<;:I~im~r HQIDE; I LiQ~? I GIQli~!Y I fAQ I cQrmli I <:QntQ~tl)? I E.t\PA (fJ 2004 Palm Beach County Property Appraiser. C'Jh'( bit- A p:/lwww.co.palm-beach.fl.us/papalaspx/web/detail~info.aspx?p _ entity=0043450908000 1240&geonav... 2/17/2006 All Owner Page ] of] All Owner(s) peN Number, 00-43-45-09-08-000-1240 Owner Names MEEKER EUlABr:.n-1 A & MEEKER PENNY G ~ii""'.~~~1 ';'4l'~."""~''''l.v~1 E;~. {f fI (ccr~/) http://www.co.palm-beach.fl.us/papa/aspx/web/ all Owner.aspx?entity _ id=004 34 5090800012... 3/1/2006 .,~~-- m. 90-1246-S MARRIAGE RECORD FLORIDA JOHN 8. DUNKLE CLERK CIRCUIT COURT INFORMATION BELOW WILL NOT APPEAR ON CERTIFICATION ISSUED BY VI JAMES WEST DEC. 11 , 1944 " GROOM'S NAME (First, Middle, Last) 2. DATE OF_BIRTH (Month, Doy, Year) 3a. RESIDENCE - CITY. TOWN. OR LOCATION 343 ANDERSON AVE ~ a: < :E o po Z o ~ :J a.. a.. <' 6, DATE OF BIRTH (Month, Day. Year) Sa, B.RIDE'S NAME (First, Middle. Last) = PENNEY GORGETTE MEEKER JULY 11 _ 1947 7a, RESIDENCE - CITY, TOWN. OR LOCATION 7b, COUNTY LANTANA PAU(BEACll AUTHORIZATION AND LICENSE IS HEREBY GIVEN 17, DATE LICENSE ISSUED ~ ~~ ';~~W~f~tb~~H~:f€~F'gR~~ ~;:~ JUNE 12, 1 990 RIAGE CEREMONY WITHIN THE STATE OF FLORIDA ~~PNf3~5M~~~1~E MARRIAGE OF THE AUG. 11 1 0 THIS LICENSE MUST BE USED ON OR BEFORE THE ABOVE EXPIR- ATION DATE IN THE STATE OF FLORIDA IN ORDER TO OED AND VALID. '1 19,\ SIGNATURE OF PERSON ISS ,C. ;) 21. I HEREBY CERTIFY THAT THE ABOVE NAMED BRIDE AND GROOM WERE JOINED BY ME IN MARRIAGE IN ACCORDANCE WITH THE LAWS OF THE STAT OF FLORIDA o FLORIDA CLERK OF CIRCUIT COUKT 20. cbUNTY PALM BEACH 25. DATE RETURNED 26. RECO~E~RD VERIFIED BOQIlAL Z7, CLERK OF COURT 28. RACE 29. NUMBER OF THIS IF PREVIOUSLY 30. LAST MARRIAGE ENDED BY (SPECIFY DEATH. I- ~1 DATE lAST MARRIAGE ENDED MARRIAGE MARRIED DIVORCE DR ANNULMENT) WHITE 4 SPECIFY 30 . 31 DIVORCE APRIL 4.1989 32. RACE 33. NUMBER OF THIS IF PREVIOUSLY 34. LAST MARRIAGE ENDED.BY (SPECIFY DEATH, 35. DATE lAST MARRIAGE ENDED MARRIAGE MARRIED DIVORCE OR ANNUlMENT) WHITE 2 SPECIFY 34 . 35 DIVORCE AUG.1,1988 89 . edItions) This license not valid unless seal of Clerk, Circuit or County Court, appears thereon. AUDIT CONTROL NO. 227753 OO!g@~OW~@ FEB ~ 4 2006 CUSTOMER RElATIQNS ~. ,.:-:::-..~-;_: .., ~ .', '. .' - . ~'-~~'~_.'~ -~ . ... ':j APPUCAnm i :"j~ ~ ; '" /, BRIDE : ,......; 'f;'"'l I o cr- AFFIDAVIT DATA E: fJ.. M n OF BRIDE STATE OF FLORIDA .;-," ...... AND GROOM CI 0- ~ 0-- ...... I CI t;".J I :z :::;, ~ -;:":l COUNTY OF PALM BEACH I. JOHN B. DUNKLE t CLERK OF lHECIRCUIT COURT, ' hereby certify this copy. to be a true and correct copy . . of the Marriage Record of the within named parties as it appears of record in my office,. DATED at West Palm Beach ~ . Florida this 27th. LICENSE . ! ,..... o M TO uay-a r--~:njn,e , --'-'~f9-(f-.- ~ h___ ~~~~~~~;:~~:::~1'!Y~ D"' '. ~ Cl.. ~ ,I'< "(""f, IJ' ....r -{J, RECORDE JOliN B. DlJNKl.E,. CLERK OF. THE CIRCUIT COURT .; co , a::: ;0 GROOM BRIOE HRS Form 743,J, (0-... previc THIS INSTRUMENT PREPARED BY James ft, Cherof, Esquire Goren, Cherof, Doody and Ezro/. P A 3099 East Commercial Blvd, Suite 200 H lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I~. (lq r)ef<LL Gwe, rc/~I!.-'b~~ pl{ ~/{~ } ?e".ey C' ",,~,,)L,~ , , 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 descnbed 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 ofthis power is descnbed as follows: PCN No.: W - Lf3 - LfS- -OC] -03 f Ow - i dW The powers and authority of my attorney, THE CITY OF BOYNTON ,BEACH, FLORIDA, shall commence and be in full force and effect on the II r-!i..- day of 4zj) , 20 k and the powers and authority shall be irrevocable by Grantee. . AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA :;XN B~TWEEN THE ~]TY QF BOYNTON BEACH AND 61Izftln:di.. ~ Ler ~ ~;,\Yl~r (u.V\A(~ h.a~ (INSERT NAME) r ,IN ';ITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of r-~blA...-H..A.'-'-J ' 200~ WITNESS: -U~ m~ WJtpess Si!?"ature \ y (Lion e.. Jv( 0 a.. t..s Printed Witness Name INDIVIDUAL(S) AS OWNER(S): ~,-~ OwnelJ . gnattfre' ,,; 6//24~~iA /Ik-E1hr Printed Owner Name ~CZtA ~~ Witness Signature Sf/SA-IV Co (L //VJ' Printed Witness Name 8 .CJw }J;&4.1 JJJAJm~ Witness SJ ature j t1herr V - 8oJf!rrrOn P' d Witness ~ ~;r. H~ ner Si ature . ~,~~ CLt "f If. 11:7 ~e4-I Printed er Name FOR INDIVIDUAL(S) NOT ARlZA nON: ) ) ss: ) STATE OF COUNTY OF 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 l::::..1 y;. 'Ann, Pe Ice..,.+- to me known to be the person(s) described in and who exec t e oregoin nstrument 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: FOL rna.bO-'~dJ - 0& - 1,L{;)...- 0 . FD L C$'2..- b67 -'17 - 7S(-0 ;_ JJ... WlTNESS my hand and o(ficial seal in the County and State last aforesaid this I 7 day of I JZ.AJlU0u....J ' 200fg. (Notary Seal) My Commission expir !~, ~Oo A-df C.(UL0~ A rrlccP 0 A..Lvy , '" otary Public U Notary Public State of Florida Carol A Mahoney My Commission 00460414 E'xoires 0811012009 ." 1 in. = 54.3 feet I I 12 0~20 L--l_. - -- --- ---- - --- . i I I : 1160 1141 11130 i 12i I___J~_.L 1180 I ~------------ -- ~~~- I I 1220 ---T . 1550 ~ /7((;7 ')- 1510 1250 1261 1280 1300 1 1490 1228 Ridge Rd Hr') , 8, "\l", ,<J 'Y.. ,'" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\tl VI.-CONSENT AGENDA ITEM C.2 '...J f'<j, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned.in Meetinl!: Dates in to City Clerk's Office Meelin2 Dates to City Clerk's Office ~ April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (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: Approval of the Memorandum of Understanding (MOD) between the City of Boynton Beach and the National Conference of Fireman and Oilers, SEIU, AFL-CIO, Local 1227, Blue Collar Bargaining Unit. EXPLANATION: During contract negotiations the parties reached a verbal agreement that the City would provide an insulated liner to be worn under the approved uniform jacket on exceptionally cold days. While looking to procure the discussed liners, the City determined that the most cost effective way to address the issue is to provide sweatshirts with the City logo, making them available to employees through the warehouse. While these sweatshirts are considered a part of the City uniform, the sweatshirts are an optional item that can be requested by individual employees on an annual basis as definedintheMOU. PROGRAM IMPACT: This MOU affects employees represented by the blue collar bargaining unit. supplying them with an approved uniform article to provide the employees with adequate insulation from the weather during periods of exceptionally cold days. FISCAL IMPACT: The fiscal impact of this MOU is $3600.00 to acquire sweatshirts with the City logo for all employees within the blue collar collective bargaining unit. AL TERNA TNES: Disapprove the MOU and look to alternate means of providing adequate insulation and cold weather p . for employees. ~ City Manager's Signature ~ City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 2 3 4 RESOLUTION R06 - 5 6 A RESOLUTION OF THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, 8 RATIFYING A MEMORANDUM OF 9 UNDERST ANDING BETWEEN THE CITY OF 10 BOYNTON BEACH, FLORIDA AND THE NATIONAL 1] CONFERENCE OF FIREMAN AND OILERS, SEIU, 12 AFL-CIO, LOCAL 1227 (BLUE COLLAR) TO 13 PROVIDE A SWEATSHIRT FOR COLD WEATHER; 14 AND PROVIDING AN EFFECTIVE DATE. 15 ] 6 WHEREAS, the City of Boynton Beach and the National Conference of Fireman & 17 Oilers, SEIU, AFL-CIO, Local 1227 (Blue Collar) have, during contract negotiations, ] 8 reached an agreement that the City would provide an insulated liner to be worn under the 19 approved uniform jacket on exceptionally cold days; and 20 WHEREAS, it was determined, after looking to procure the liners, that the most 2] cost effective way to address the issue was to provide sweatshirts with the City logo which 22 was agreeable to the Union; 23 WHEREAS, Article 40 of the Agreement, entitled "Unifonns" shall be revised to 24 add an additional Section 40.10, providing for the sweatshirts; and 25 WHEREAS, the City and the Union desire to enter into the Memorandum of 26 Understanding providing a sweatshirt with City logo to all Blue Collar workers who request 27 one for wear during the extremely cold days; and 28 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 29 the best interests of the residents and citizens of the City to ratify this Memorandum; 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 3] S:\CA\RESOIAgreements\MOU - Sweatshirts (Blue).doe ] 2 3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The foregoing "WHEREAS" clauses are true and correct and hereby 4 ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does 5 6 hereby ratify the Memorandum of Understanding between the City of Boynton Beach and 7 the National Conference of Fireman & Oilers, SEIU, AFL-CIO, Local 1227 (blue collar) for 8 a sweatshirt with City logo, a copy of which is attached hereto and made a part hereof Section 3. This Resolution will become effective immediately upon passage. 9 10 PASSED AND ADOPTED this _ day of March, 2006. I ] 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 ] 8 Vice Mayor 19 20 21 Commissioner 22 23 24 Commissioner 25 26 27 Commissioner 28 ATTEST: 29 30 31 City Clerk 32 33 (Corporate Seal) 34 35 S:\CA \RESO\Agreements\MOU - Sweatshirts (Blue),doc MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the NATIONAL CONFERENCE OF FIREMAN & OILERS SEIU, AFL-CIO, LOCAL 1227 ("Union") enter into this Memorandum of Understanding to clarify and modify the provisions of the current Blue Collar Collective Bargaining Agreement between the City and the Union and agree as follows: 1. Article 40, Uniforms, shall be revised to add a new Section 40.10 as follows: On August 1st of each year, the City shall provide one (1) sweatshirt to each bargaining unit member who signed a requests form. The City shall circulate the request forms with the last payroll check in June. The employee must return the request form to the employee's supervisor no later than July 15th indicating the size requested. 2. This Memorandum will become effective the date it is ratified by both the City Commission and bargaining unit. ATTEST: CITY OF BOYNTON BEACH, FLORIDA City Clerk Kurt Bressner, City Manager Approved as to form: James A. Cherof, City Attorney NCF&O, SEIU, AFL-CIO LOCk{:;:::!!ih V President ~ ATTEST: Union Attorney Date ratified by CITY ,2006. Date ratified by UNION ,2006. C:\Documents and Settings\jordanj.CITY\Desktop\BC Sweatshirts MOU.rtf FEB 20 2006 5:40PM HP LASERJET 3200 p. 1 SEIU ~ NCFO National Conferenc8of Firemen Br Oller, SEIU NCFO Loea' 1227, AFl-C/O, CLC 2112 S. Congress Ave., Suite 207 Palm Springs, FL 33406 -- TO: FROM: John Jordan, Assistant HR DIrector Sharon A. Barmore Munley; President 51~01^--' February 20, 2006 MOU Regarding Sweatshirts for Blue Coler Bargaining Unit Members Fax & US Mail DATE: SUBJECT: VIA: SEIU-NCFO Loca/1227 waives Its right to bargain the MOO that will allow the City to supply sweatahlrt8 to blue collar bargaining unit members. Please proceed with the sweatshirt distribution to all those employees who require this wanner uniform piece now while the weather condftlons are appropriate. f5-lEtclITW ~ ,:)I~ II I FED 2 1 2006 It:i ! ~ if fJ!lfnf\!\I RESOlrr,..';~ 'I t I I' 'K... \.. ,." ' ) L.... .' "." ".. i Ii _,...".><.,_____,___ __~ ..-- .......,....._.,~1 . Phone: S6/-965-oo77 Fax: 561-965-0151 Toll Free: 1-888-102-0810 Websile: www.locall227.org . email address: info@locaJ1227.org ~IO [&\1"Y Of::. ,,( '.'. .)- "'0\ ' " " )u 1-"", "",,/7 I'~ ,.~,,~ 'ON ,,; 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 ill Meeting Dates ' in to City Clerk's Office Meeting Dates to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) 0 February 7, 2006 January 17, 2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 february 21,2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) ~ March 21, 2006 March 6, 2006 (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: Approval of the Memorandum of Understanding (MOD) between the City of Boynton Beach and the National Conference of Fireman and Oilers, SEIU, AFL-CIO, LocaI1227, Blue Collar Bargaining Unit. EXPLANATION: During contract negotiations the parties reached a verbal agreement during contract negotiations that the City would provide an insulated liner to be worn under the approved uniform jacket on exceptionally cold days. While looking to procure the discussed liners, the City determined that the most cost effective way to address the issue is to provide sweatshirts with the City logo, making them available to employees through the warehouse. While these sweatshirts are considered a part of the City uniform, the sweatshirts are an optional item that can be requested by individual employees on an annual basis as defined in the MOU. PROGRAM IMPACT: This MOU affects employees represented by the blue collar bargaining unit, supplying them with an approved uniform article to provide the employees with adequate insulation from the weather during periods of exceptionally cold days. FISCAL IMPACT: The fiscal impact of this MOU is $3600.00 to acquire sweatshirts with the City logo for all employees within the blue collar collective bargaining unit. ALTERNATIVES: Disapprove the MOU and look to alternate means of providing adequate insulation and cold weather protection for employees. City Manager's Signature Department Head's Signature ~- Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the NATIONAL CONFERENCE OF FIREMAN & OILERS SEIU, AFL-CIO, LOCAL 1227 ("Union") enter into this Memorandum of Understanding to clarify and modify the provisions of the current Blue Collar Collective Bargaining Agreement between the City and the Union and agree as follows: 1. Article 40, Uniforms, shall be revised to add a new Section 40.10 as follows: On August 1 st of each year, the City shall provide one (I) sweatshirt to each bargaining unit member who signed a requests form. The City shall circulate the request forms with the last payroll check in June. The employee must return the request form to the employee's supervisor no later than July 15th indicating the size requested. 2. This Memorandum will become effective the date it is ratified by both the City Commission and bargaining unit. A TTEST: CITY OF BOYNTON BEACH, FLORIDA City Clerk Kurt Bressner, City Manager Approved as to form: James A. Cherof, City Attorney ATTEST: NCF&O, SEIU, AFL-CIO LOC L 1227, (Blue~J1t President Union Attorney Date ratified by CITY , 2006. Date ratified by UNION , 2006. C:\Documents and Settings\jordanj.CITYIDesktop\BC Sweatshirts MOU.rtf SEIU ~~ NCFO National Conferenc8of Firemen Br Oilers SEIU NCFO Loea' 1227, AFL-CIO, CLC 2112 S. Congress Ave., Suite 207 Palm Springs, FL 33406 ... TO: FROM: John Jordan, Assistant HR DIrector Sharon A, Barmore Munley; President 51 tJ-A a1^-- . February 20, 2006 MOU Regarding Sweatshirts for Blue Collar Bargaining Unit Members Fax & US Mail DATE: SUBJECT: VIA: SEIU-NCFO Local 1227 waives Its right to bargain the MOO that will sHow the City to supply sweatahlrt8 to blue cotlar bargaining unit members. Please proceed with the sweatshirt distribution to all those employees who require this warmer uniform piece now while the weather condttlons are appropriate. ITb-~ t [E ~ W ~ .1')\1 r FEB 2 1 200li 1 'i! ~ P! HtlAF\1 REsnl !rr'''s I L.c ~ \ ""i ; '~' :i I "'w." ,.....__, ____~..::-___'~',~ .. L, >~~ ,-'.~,__oo-~, ., Phone: 561-965-0077 Fax: 561-965-0151 Toll Free: 1-888-702-0810 Website: www.loca11227.org . email address: info@locaJ1227.org ~2C VI._CONSENl AGENDA IlEM D, Requested City Commission Date Final FoTTl1 Must be Tumed Requested City Commission Date Final Form Must be Tumed ~ ~ ~ ~ \2J A?ril 4, 2006 March 20, 2006 (Noon,) 0 June 6,2006 May \5,2006 (Noon) 0 A?ril \8,2006 AjJril 3,2006 (Noon) 0 June 20, 2006 June 5,2006 (Noon) 0 May 2, 2006 AjJril 17,2006 (Noon) 0 July 5,2006 June \ 9,2006 (Noon) 0 May \ 6,2006 May \,2006 (Noon) 0 July \ 8,2006 July 3,2006 (Noon) CITY OF BOYN'ION BEACH AGENDA l'IE1\'1 REQ\JES'I FORl\" 0 Administrative 0 Development Plans NATURE OF \2J Consent Agenda 0 NeW Business AGENDA ITEM 0 public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION~ Retum ,,,h hond of $15,228.40 to RCC 1, LLC fo' the pNie" lmowo " ShoPP" at Reoai<<ance Common< (Bldg. #5). EXPLANATlON~ On NovemW 21, 2005, the Building Division scot to the Finan" Department a cash bond of $15,228.40 fo' the completioU of the pennirted wo,k fo' the pNie" knOWO" the Shoppcs at Remu<<an" Common< located at 1750 N. Conll'''s Avenue. The wo,k h" Men completed and the Certificate of Completion waS i<<ued on Feb<uarj 15,2006 PROGRANlIMP ACT: None FISCAL IMP ACT: None S:\BULLElIN\FORMS\AGENDA ITEM REQUEST FoRM.DOC RCC I, LLC 980 North Federal Highway Suite 200 Boca Raton, FL 33432 Febtuary 28, 2006 "Iii Gt\ -'-'-~'i Mr. Timothy Large ~'~ BUilding COde Administrat " Department of Development "3 I t7f? City of Boynton Beach 100 E. Boynton Beach BlVd. Boynton Beach, FL 33425 Re: Building 5 - Final Ceflilica;e of Occupancy Dear Tim: AttaCh"" is a COpy of fhe Cel1ilicate of Occupancy for Building 5 at RenaiSSance Commons, as wel/ as the SUPlloIling documentation for the bond that was /lOst"" /l<lnding the iSSUance of the final certificate. We /llSjlecffuRy request release of the funds as SOon as /lOSSibIe 8"" thank YOU in -nce for Your prompt attention to this matter. Sincerely, Fje~~fv ~Jr \1anager , '. ~, roJ,' u;r~ HI ~ ~ till i FEB 28 Lmi ~ I ....:ENl'OF OEV~LOPMENl OEPARTM EXHIBIT "A" /' ru FILE RCC I, LLC october 5, 2005 Tim Large City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Tim, Enclosed please find a documented letter and a check in the amount of $15,228.40 for the incomplete items listed below. Building #5 - TCO incomplete items and values Roof Tile _ 40% incomplete - value - $10,000.00 Landscaping - 25% incomplete - value - $ 3,444.00 Irrigation - 10% incomplete - value - ~ 400.00 Total $13,844.00 1.3aaO $15,228.40 Surety Bond @ 110 Percent If you have any additional questions, please do not hesitate to call Aincerely, , ~"~ (~C~.~ ,;? ""777 .~ Carl E. Klepper, Manager 1-" LV RCC I, LLC CKlmfm Enclosures (1) CC: Mikki Martinez, Bluewater Eluilders EXHIBIT "B" CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE o F COMPLETION Issue Date 2/15/06 Parcel Number Property Address 08-43-45-20-27-004_0020 1750 N CONGRESS AVE BOYNTON BEACH FL 33426 Subdivision Name Legal Description Property Zoning BLDG #5 PLANNED INDUSTRIAL DEV. Owner . . . . . RCC 11 LLC 980 N FEDERAL HWY STE 200 BOCA RATON FL 33432 Contractor . . . . BLUEWATER BUILDERS INC Application Number. Description of Work Construction Type Occupancy Type Flood Zone . . . 04-00000954 000 000 COMMERCIAL BUILDING TYPE IV/l HOUR PROTECTED RESIDENTIAL C FLOOD ZONE/MIN FLOODING SPECIAL CONDITIONS NE C 9/30/82 MAP/PANEL 120196-0005 C Approved . . . . . . . . ~~~~l Buil 'ng ffic VOID UNLESS SIGNED BY BUILDING OFFICIAL The described portion of the structure has been inspected for compliance with the requirements of the code for the occupancy and division of OCcupancy and the use for which the proposed occupancy is classified. EXHIBIT "C" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-230 DATE: Bill Mummert, Director of Finance Timothy K. Large, Building Code Administrato# November 21, 2005 CASH BOND _ SfiOPPES AT RENAISSANCE COl\Ol.ONS (Btdg. # 5)- 1750 N. CONGRESS AVENUE TO: FROM: SUBJECT: Attached is a check for $15,228.40 from RCC I, LLC. This is a cash suretY for the Shoppes at Renaissance Commons (Buildiug # 5) and is to be held until a\l 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 fmal Certificate of Occupancy, the surety will be returned. TKL:rs At\aChmentslletters from Carl E. Klepper, W. David pois! and check XC: Pennit File # 04-954 EXHIBIT "D" S,"""cl_UllDINO\M-""'h...... - 2005''''_'' "",.i""'" c_ (8k1, 5) 04-954.d~ ~ l!ankAtJantic "'1'.0. Box 8608 ~ , ,: Fort LaUderdale, florida 333]0-8608 F 'JRJIJA'S MOST CO.Nv.iJvjiivT BANK O)fJOlS;' f4rtQFHflF:R t8, 200S 622957565 o VIEW 1/'1U1:: WATEflMARK ""), "~, .'-1''"';" "'p "" "'" " F.rFTEEN T~tl tW HOliio.iltb fiIliIIrr Elr;HT DOLLARS AND FORTY CEHTS $*~*****15,22e.40 Pay '0 the Order of , .: lOfCXTY OF' BOYNTON BEACH** Remitter Rec I, LtC. -_.~-- Jssuep by Integrated Paym$m Systems Inc., Englewood, COlor~o T().9..llibarcU'i A ,F~gf!atc\ NL_...,.... .___.... ......._... .------------------------------------------------------------------------------------ 1 ( I i 4 I aU- '\ I i $ 5~L.lu . . , <.. .J 1 :.--.-...-..-....--. -'-... .. . ""-'u _ ..__ _ __. _ .... __ .~._: _." . _._..:.. _ _ ~ _._ '. ._.... ___ 1/' l13B.. .1/' ':0 2 2000B bB.: bBOO b 2 2 q 5 75 b 5 71/' U} ~~ f J?;;f~;'S Of] , -.- --' ._"~--_._._>--..- ~ loP -- CITY OF BOYNTON BEACH Boynton Beach, Florida 1 ~1 ~j -1 "1 li4 J. J... J~ ~:.., EXHIBIT "E" RCC I, LLC October 5, 2005 Tim Large City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Tim, Enclosed please find a documented letter and a check in the amount of $15,228.40 for the incomplete items listed below. Building #5 - TCO incomplete items and values Roof Tile - 40% incomplete - value - $10,000.00 Landscaping - 25% incomplete - value - $ 3,444.00 Irrigation - 10% incomplete - value - $ 400.00 Total $13,844.00 1.384.40 $15,228.40 Surety Bond @ 110 Percent If you have any additional questions, please do not hesitate to call AincerelY,) (~~~n~ // ~7?~ RCC I, LLC CKlmfm Enclosures (1) CC: Mikki Martinez, Bluewater B.uilders EXHIBIT "F" EXHIBIT "G" November 17, 2005 City of Boynton Beach Building Department 100 E. Boynton Beach Blvd. Boynton Beach, FL. 33425-0310 Attn: Mr. Tim Large, Acting Building Official Re: Renaissance Commons, Building # 5, 1750 N. Congress Ave. Permit 04-0954 T.eO. & C.O. Dear Mr. Large, Pursuant to our discussions and agreements oftoday, regarding the issuance of a T.eO. for the above mentioned building, we state the following will be performed prior to the issuance: . Parldng area will be cleaned and all materials and storage containers removed. . Roof tiles that are loose or not secured will be secured, installed, removed or the overhead protective barriers and site yellow caution tape and barriers will be installed and maintained until the roofing is completed. . When the roof is being stocked and installation or repairs are underway, the barricades and safety requirements will be in place and maintained until completion. This is my understanding of the items that you expect us to perform that will allow the occupancy certificate to be issued. If for any reason, you take objection to or have amended, revised or additional requirements that we must comply with for resolution, please contact me immediately. As always, we sincerely appreciate your and all of the staff's cooperation and support. Best Regards / L~ elf). ~~. W. David Poist Sr. Dinjctor of Development Compson Associates, Inc. Cc: C. Klepper 1. Comparato B. LaBonte T. Nezwek MULTI-RESIDENTIAL, RETAIL, AND OFFICE PROPERTIES FLORIDA OFFICE: BOCA RATON 980 NORllI FEDERAL ffiGHWAY, SUITE 200 BOCA RATON, FLORIDA 33432 561.391.6570 FAX 561.391.2423 WASHINGTON OFFICE: 1320 OLD CHAIN BRIDGE ROAD, SUITE 400 McLEAN,VIRGlNlA 22101 703.847.0700 FAX 703.893.5763 NEW YORK OFFICE: 3255 BRIGHTON HENRlETIA TOWNUNE ROAD ROCHESTER,NEWYORK 14623 716.272.0040 FAX 716.272.4689 '/'~\'~rV'."" f'>, '7 ',~', ^_ ' '" , ,- r' VI.-CONSENT AGENDA 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 r8J April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May I, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) NATURE OF AGENDA ITEM ~-,J"" --1-< 0 Administrative 0 Development Plans -- --~.::.c , ::::J -, r8J Consent Agenda 0 New Business r..v 0 Public Hearing 0 Legal 0 1.,.-' 0 Bids 0 UnfInished Business -'0 ,~ -.. '- 0 0 ~c,~... Announcement Presentation (,) ~.'- '10::; 0 City Manager's Report ,":::} ~:: riJ (..i', ;~~> , () --- RECOMMENDATION: A Motion to approve the "Surplus Vehicle list "for one (1) item as submitted by Public Works/Fleet Maintenance and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "Surplus Vehicle List" for one (1) item as submitted by Public Works/Fleet Maintenance Division (see attached memo #06-029). Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicle to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of this surplus vehicle will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of this surplus vehicle will be placed in the Fleet Maintenance Fund in the following account: Revenue Account: 501-0000-365-01.00 Account Description: Sal of Surplus Equipment Procurement ServicesIFinance Department '7'lnL~~ As is/ant to the Finance Director S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Tim Calhoun - Fleet Administrator File PUBLIC WORKS DEPARTMENT MEMORANDUM #06-029 RECEIVED MAR 1 4 2006 PROCUREMENT SERVICES nffD SUBJ: Mary Munro, Assistant to Finance Director Jeffrey Livergood, P.E., Director of Public Work~(l(... Chris Roberts, Deputy Director of Public Works CAZ. Tim Calhoun, Fleet i1.dministralQ1 Surplus Vehicle TO: THRU: FROM: DATE: March 9, 2006 Fleet Maintenance plan to re-assign vehicle #6 to Utilities. We received approval January 3 to sell vehicle #6 as a fleet reduction. Vehicle # 1 07 is a 1999 Chevrolet Lumina with 42,000 miles, but needs some major engine work. We plan to re-assign vehicle #6 a 2006 Chevrolet Malibu with 37,000 to Water Utilities in place of 107. Will you request approval from the Board to sell vehicle# 107. '" r , r--- 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 Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office IZI April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3,2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [gJ Public Hearing [gJ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the April 4, 2006 City Conunission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on March 14,2006. For further details pertaining to the request, see attached Department Memorandum No. 06-034. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tuscan Villas (aka The Villas at Boynton Beach) (ANEX 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request to annex 1 A07-acre parcel into the city. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A . / /J , /\';""C1-1:l<jl""" ~~ Devel pme~ Department Drrector City Manager's Signature 70 :> ~ ~ -\c=-- Planning and Zo . ~or City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Tuscan VilJas\ANEX 06-002\Agenda Item Request Tuscan Villas ANEX 06-002 4-4-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC " 1p... '} 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 Meetinl!: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon) D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon) D D ~'._< May 16, 2006 May 1,2006 (Noon) July 18,2006 July 3, 2006 (Noon) en D Administrative D Development Plans ri.,,"-! NATURE OF D Consent Agenda D New Business . ieG r:) --,-rq AGENDA ITEM ~ Public Hearing ~ Legal ~ () D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the April 4, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on March 14, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-034. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tuscan Villas (aka The Villas at Boynton Beach) (ANEX 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request to annex 1.407 -acre parcel into the city. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Development Department Director City Manager's Signature N)~ IJ Planning and Zo . ~or City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Tuscan VilIas\ANEX 06-002\Agenda Item Request Tuscan Villas ANEX 06-002 4-4-06.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 17 18 19 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 1.341+/- Ar'D]j'C OF LAND THAT IS CONTIGUOUS TO THl LIMITS WITHIN PALM BEACH COUNT THAT WILL, UPON ANNEXATION, CONSl A REASONABLY COMPACT ADDITION T CITY BOUNDARIES; PROVIDING THAl PROPER LAND USE DESIGNATION PROPER ZONING OF THE PROPERTY SH) REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMUL T ANEOUSL Y HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. ~f1 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, the Tuscan Villas @ Boynton Beach LLC, owner, by and through their 23 agent, Wendy Tuma of Urban Design Studio, of the property more particularly described 24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of 25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a 26 certain tract ofland consisting of approximately 1.341 +/- 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 17 i .044, and 171.062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach County is S:\CA\OrdinancesIPlanninglAnnexationslAnnexation - Tuscan VilIas.doc 1 1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 2 annexation, constitute a reasonably compact addition to the City boundary. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. That each and every Whereas clause is true and correct. 6 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 8 unincorporated and contiguous tract of land situated and lying and being in the County of 9 Palm Beach, Florida, to wit: 10 Lot 1 and Lot 1A of KING'S SUBDNISION, according to the Plat 11 thereof, as recorded in Plat Book 20, Page 47, Public Records of 12 Palm Beach County, Florida; less the westerly 17 feet of said lots. 13 14 Together With: 15 16 All that part of Lot C of KING'S SUBDNISION in Section 4, 1 7 Township 46 South, Range 43 East, Palm Beach County, Florida, 18 as per Plat recorded in Plat Book 20, Page 47, Palm Beach County 19 records except the following part thereof: Beginning at the 20 Southwest (SW) comer of said Lot C, and running thence North 21 along the West line thereof a distance of Eighty (80) Feet; thence 22 Easterly in a straight line to the Southeast (SE) comer of said Lot 23 C; thence running West along the South line of said Lot C to the 24 Point Of Beginning. Further less and except the Westerly 17 feet 25 for road right-of-way. 26 27 Containing: 58,412 Square Feet Or 1.341 Acres More or Less. 28 29 Subject to easements, restrictions, reservations and rights-of-way 3 0 of record. 31 32 33 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be S:\CA \OrdinancesIPlanninglAnnexationslAnnexation - Tuscan Villas.doc 2 1 and become part of the City with the same force and effect as though the same had been 2 originally incorporated in the territorial boundaries thereof. 3 Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton 4 Beach, Florida, is hereby amended to reflect the annexation of said tract of land more 5 particularly described in Section 2 of this Ordinance. 6 Section 4: That by Ordinances adopted simultaneously herewith, the 7 proper City zoning designation and Land Use category is being determined as contemplated 8 in Section 171.162(2), Florida Statutes. 9 Section 5. All ordinances or parts of ordinances in conflict herewith are 10 hereby repealed. 11 Section 6: Should any section or provision of this Ordinance or any portion 12 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 13 affect the remainder of this Ordinance. Section 7: This Ordinance shall not be passed until the same has been advertised 14 15 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 16 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 8. This ordinance shall become effective immediately upon passage. 17 18 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 19 Circuit Court of Palm Beach County, Florida. 20 21 FIRST READING this _ day of , 2006. S:\CA \Ordinances\Planning\Annexations\Annexation - Tuscan Villas.doc 3 1 SECOND, FINAL READING and PASSAGE this _ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA \Ordinances\Planning\Annexations\Annexation - Tuscan Villas.doc 4 DEVELOPMENT DEPARTMENT PLANNING Be. ZONING DMSION MEMORANDUM NO. PZ 06-034 TO: FROM: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Eric Lee Johnson, AICP t Planner Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: March 6, 2006 PROJECT NAME/NUMBER: Tuscan Villas (aka Villas at Boynton Beach) ANEX 06-002 and LUAR 06-002 REQUEST: To annex the 1.341-acre parcel; Amend the Future Land Use designation from Palm Beach County Commercial High, with an underlying Medium Residential, S units per acre (CH/S) to Special High Density Residential (SHDR) and rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD) PROJECT DESCRIPTION Property Owner: Tuscan Villas at Boynton Beach, LLC Applicant! Agent: Wendy Tuma / Urban Design Studio Location: On east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard (Exhibit "A") Parcel Size: :tl.341 acres Existing Land Use: Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CH/S) Existing Zoning: Palm Beach County Commercial General (CG) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: Townhouse Community Page 2 File Number: ANEX 06-002 I LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) Adjacent Uses: North: Developed commercial (Gulfstream Carpet) designated with Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) land use and zoned Palm Beach County Commercial General (CG); South: Developed commercial (licensed as Supervised Construction Services), designated with Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) land use and zoned Palm Beach County Commercial General (CG); East: Developed single-family residential lots designated with Palm Beach County Medium Residential, S units per acre (MR-S) land use and zoned Palm Beach County Single-family Residential (RS); and West: Right-of-way for Federal Highway, then farther west is partially developed commercial property recently approved for townhouse units (Gulfstream Gardens) designated with Special High Density Residential (SHDR) land use and zoned Planned Unit Development (PUD). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The requested annexation is consistent with the City's annexation policy; the property is contiguous to properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; 2. The future land use amendment is consistent with the policies of the City's Comprehensive Plan, particularly that portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Community RedeveloDment Plan; and, 4. The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. Page 3 File Number: ANEX 06-002 / LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 1.341 acres. Because of the size of the property under consideration, the Rorida 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 subject property is currently developed with an auto dealership (per County DRC Petition# 1994-060). Master I Site Plan Analvsis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the IPUD Infill Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. The site plan proposes a 22-unit, townhouse-style condominium development at a gross density of 16.4 dwelling units per acre (du/ac). Structures are generally proposed at three (3) stories with the exception of the buildings closest to the single-family neighborhood to the east, where the easternmost portions of the buildings would be two (2)-stories. The main point of ingress / egress is proposed on Federal Highway. The street system internal to the development is generally proposed in a circuitous configuration. The residents would access their garages via these drive aisles. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Recreation amenities include a swimming pool and cabana area, centrally located to all proposed units. The project proposes 22, three (3)-bedroom units and a small recreation facility, and therefore, requires a total of 44 parking spaces. The site plan shows that each unit would have a two (2)- car garage, which would thus equate to providing 44 parking spaces. Combining the garage spaces and 90-degree spaces, the site plan would provide for a total of 48 parking spaces or an excess of four (4) parking spaces. The site plan proposes a building setback (from the east property line) that ranges between a minimum of 11.7 feet to a maximum of 35.2 feet. The accompanying site plan shows that a buffer wall is proposed along the east property line in conjunction with various trees and shrubs to provide the necessary buffering between the townhouses and the single-family neighborhood to the east. The property to the north is zoned County CG and developed with a commercial use (Gulfstream Carpet). The proposed townhouse buildings would be setback 10.3 feet from the north property line. This difference in building setbacks between the subject project and the commercial property to the north is consistent with other residential infill projects reviewed by the City. The property to the south is also zoned County CG. The townhouse buildings would be setback between five (5) feet and nine (9) feet. Like the north setback against commercial zoning, the reduced building setback from the south property line is consistent with other approved projects. For this new site plan, all proposed building setbacks are consistent with the existing setbacks within the surrounding neighborhoods and meet the intent of the IPUD zoning district setback regulations. A more comprehensive discussion of the details will Page 4 File Number: ANEX 06-002 / lUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) be provided by staff as a part of the corresponding site plan review (NWSP 06-002) since a site plan is substituting for a master plan. 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, when reviewing requests for annexation, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In addition, the requested land use designation and rezoning are for a change to residential uses; therefore, a review based on the criteria is warranted. 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 Citys risk manager. The planning department shall also recommend limitations or requirements/ which would have to be imposed on subsequent development of the prope~ in order to comply with policies contained in the comprehensive plan. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential (SHDR) land use classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use, are particularly consistent with two policies in the Comprehensive Plan: ''Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map/ except where access is greatest and impacts on residential land uses are leasr~ and ''Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase/ particularly in the Coastal Area. // Page 5 File Number: ANEX 06-002 / LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) The subject property, if annexed, would be located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan. which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. 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 be contrary to the established (and anticipated) land use pattern of the immediate vicinity. The proposed annexation / rezoning would not create an isolated zoning district unto itself but would appropriately relate the subject property with previously approved townhouse projects within the local area. For example, Gulfstream Gardens PUD, the closest multi-family townhouse project, is located on west side of Federal Highway directly across the street from the subject property. Several lots of the Gulfstream Gardens project were previously located within a small enclave of unincorporated Palm Beach County. As part of the project, these lots were annexed into the city, and all lots were collectively rezoned to PUD in order to construct 308 townhouse units. The subject property is also located within close proximity of other smaller, infill townhouse projects that were recently rezoned from commercial to residential (PUD and IPUD). For example, Bayfront and Oceanside, which are two (2) Southern Homes townhouse communities located on the west side of Federal Highway, just north of the subject property, were rezoned to IPUD and approved for 93 townhouses collectively. Additionally, Waterside, located approximately 800 feet north of the subject property on the east side of Federal Highway, is another example of a townhouse community that was annexed into the city and rezoned to IPUD. Rnally, Heritage Club, located approximately 680 feet south of the subject property on the west side of Federal Highway, was approved for a mixed-use development that required rezoning from Community Commercial (C- 3) to PUD. These aforementioned projects exemplify the current land use trend, of converting older and antiquated strip-commercial developments within the Federal Highway corridor into medium and high-end multi-family residential developments. As evidenced by these example Page 6 File Number: ANEX 06-002 I LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) projects, the proposed rezoning would not constitute a grant of special privilege to an individual property owner. c. Whether changed or changing conditions make the proposed rezoning desirable. According to Palm Beach County records, an auto sales business has been in existence on the subject property since 1973. In 1994, the site was approved for County Development Review Committee (DRe) review because the owner wanted to expand the size of the building. Under the County Code, auto sales is allowed in the Commercial General (CG) zoning district but only as a Special Exception, which is analogous to the city's conditional use process. As previously mentioned, the city has witnessed a steady trend of property owners converting their properties approved for commercial uses and lor single-family residential uses to multi-family residential uses within the last five (5) years along the Federal Highway corridor. Often this conversion serves to remove marginal, and sometimes undesirable, commercial uses. The adoption of the IPUD regulations in June 2002 provided an attractive incentive for redevelopment and infill projects on these smaller parcels in the Federal Highway corridor. Townhouses are permitted uses in the IPUD zoning district. Therefore, these two changes in current conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic Division for their review and approval. The Traffic Division reviewed the traffic study for the proposed land use amendment I rezoning and determined that the accompanying residential project is located within the County designated "Coastal Residential Exception Area" and therefore meets the Traffic Performance Standards of Palm Beach County. The accompanying site plan is expected to generate 175 new daily trips. However, this is 2,593 less trips than if the property had been built-out to its maximum potential under the current commercial land use classification. Maximum Potential Water / Sewer Traffic Development Population Demand Generation Potential Trips / day Existing land Use 60,983 square 15 persons* 7,500 gpd* / 2,768* (Actual) feet of 7,500 gpd* commercial * Proposed Development 22 fee-simple 153 persons 9,560 gpd/ 175 townhouse 4,300 gpd units The project is estimated to require a total of 9,560 gallons of potable water per day. 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 demand for this project. Page 7 File Number: ANEX 06-002 / LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total of 4,300 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 to-year planning period. Regarding school concurrency, the proposed project lies within Concurrency Service Area (CSA) 19 and 20. Based on the School District's adopted multipliers for a dwelling unit, the proposed development may generate two (2) elementary school students, one (1) middle school students, and two (2) high school students. The schools currently serving the area and their utilization are as follows: Schools Current Capacity Current Enrollment Utilization% Plumosa Elementary School 652 386 59% Odyssey Middle School 1742 1100 63% Atlantic High School 2500 2363 95% On November 18, 2005, the School District issued a Concurrency Determination for the site plan. The Concurrency Determination is valid for one (1) year from the date of issuance. Once a Development Order has been issued for the project, the concurrency determination will be valid for the life of the Development Order. The level of service for school concurrency is 110%. Based on existing utilization, another school would not be necessary to serve the area. The City's Fire Rescue and Police Departments have reviewed the application and determined that current staffing levels would be sufficient to meet the expected demand for services. Lastly, drainage will also be reviewed in detail as part of the review 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. As stated above in response to Criterion "b", the proposed land use and rezoning would be consistent with the land use and zoning districts approved for the adjacent properties; to the west (Gulfstream Gardens), to the north (Bayfront, Oceanside, and Waterside), and to the south (Heritage Club). Any effects on property values would be positive and would help to increase the city's tax base. The applicant asserts that the project would be a high-quality townhouse community with excellent landscape and site design which would enhance the surrounding properties. Page 8 File Number: ANEX 06-002 / LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed with an auto sales business. The economic viability of auto sales is questionable, considering the size of the property, the magnitude of competitors within nearby Delray Beach, and the transition to high-density residential uses that is presently occurring under the guidelines of the Federal Highwav Corridor Community Redevelooment Plan. The applicant states that "the scarcity of developable real estate east of Federal Highway has created a great demand for residential property. Based on the analysis, a rezoning from the existing commercial zoning would enhance the area and create housing needed in the eastern communities". Staff concurs. 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. The requested annexation, land use amendment, and rezoning presents the opportunity for quality redevelopment in a highly visible entrance corridor to the City and would also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. Likewise, the proposed zoning district (IPUD) has design guidelines and fixed requirements built into the regulations to help protect neighborhoods of single-family detached homes. The accompanying site plan demonstrates compliance with the intent of the IPUD zoning district. The proposed project would be an appropriate transitional use and intensity (from Federal Highway). h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Residential densities of 20 dwelling units per acre are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highwav Corridor Community Redevelooment Plan. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that cannot be accommodated by existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff finds or recommends: 1. That the requested annexation is consistent with the City's annexation policy, the property is contiguous (across the street) with properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; therefore the annexation should be approved; Page 9 File Number: ANEX 06-002 / LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) 2. That the City Commission, acting as the Local Planning Agency, finds the proposed amendments consistent with the Comprehensive Plan; 3. That the requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; 4. That the proposed redevelopment plan is consistent with the vIsion and recommendations of the Federal Highwav Corridor Communitv Redevelooment Plan; therefore, 5. The requested land use amendment and rezoning 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\PROJECTS\Tuscan Villas\WAR 06-002\Staff Report.doc . C-3 PUD LOCATION MAP Tuscan Villas IPUD TURNER RD PUD ~ j" 3: c ~ County CG Gulfstream OR ROBERTS'RD County RM 210 105 0 I 210 420 630 840 I Feet Exhibit "A" N + EXHIBIT "B" Conditions of Approval Project name: File number: Rfi Tuscan Villas (aka Villas at Boynton Beach) ANEX 06-002 and LUAR 06-002 S ff M d P&Z 06 034 e erence: ta renort emoran urn - DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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/ENVIRONMENT ALIST Comments: None X PLANNING & ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Page 2 Tuscan Villas (aka Villas at Boynton Beach) File No.: LUAR 06-002 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be detennined. S:\Planning\SHARED\ WP\PROJECTS\ Tuscan Villas\LUAR 06-002\COA .doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Motion Ms. Horenburger moved to approve the Seagate of Gulfstream Condominium Fac;ade Grant application. Vice Chair Tillman seconded the motion that failed 7-0. V. Public Comments Chair Heavilin opened the floor for comment on items not on the agenda. Hearing none, she closed it. VI. Public Hearing Board Attorney Spillias declared the quasi-judicial board procedures were available at the rear of the Chamber for interested parties. He then asked the Board members to reveal any ex-parte communications they might have had with anyone appearing before the Board at this meeting. Mr. DeMarco had a telephone call today from Mr. Bert Oliver of Ocean One. Board Attorney Spillias then swore in all who planned to speak during the Public Hearing portion of the meeting. Old Business - None New Business A. Tuscan Villas a) Annexation 1. Project: Agent: Owner: Location: Description: Tuscan Villas (ANEX 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request to annex 1.407-acre parcel into the City b) Land Use Plan Amendment/Rezoning 2. Project: Agent: Owner: Location: Tuscan Villas (LUAR 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Description: Request to change the land use classification from Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) to Special High Density Residential (SHDR); Request to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). Proposed Use: 22 townhouse-style condominium units on 1. 40 7 acres c) New Site Plan Description: Tuscan Villas (NWSP 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request new site plan approval to construct 22 townhouse-style condominium units and related site improvements on 1.407 acres in the Infill Planned Unit Development (IPUD) zoning district. 3. Project: Agent: Owner: Location: Eric Johnson, Planner, presented all aspects of the Tuscan Villas requests at one time. Staff recommended approval of the requests for annexation, land use plan amendment, and rezoning for the following reasons: . The requested annexation is consistent with the City's annexation policy. . The property is contiguous to all properties lying within the City of Boynton Beach and forms a reasonably compact addition to City boundaries. . The future land use element is consistent with the policies in the City's Comprehensive Plan, particularly that portion of Policy 1.16.1 defining the Special High Density Land use relative to redevelopment planning. . The project is consistent with the Federal Highway Corridor Redevelopment Plan. . The requested land use amendment and rezoning meet the criteria for review as required in the Land Development Regulations. Mr. Johnson reviewed the technical aspects of the site plan, displaying an aerial photograph of the property. There were 33 conditions of approval and Mr. Johnson understood the applicant was in agreement with all conditions. S Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 The site plan proposed 22 townhouse style condominiums in five different buildings. The proposed landscape buffers along Federal Highway are seven feet wide. The north and south landscape buffers would be five feet wide. The landscape buffer along the east property line would be 10 feet wide. The distance between the building and the east property line would range from a minimum of 11'-7" to 35'-2". The building setback on the north would be 10'-3" from the property line and from the south, 5'-9". The north and south setbacks abut commercial property. The applicant proposed a buffer wall to separate the project from the adjacent residential neighborhood to the east to mitigate any negative impacts from the project. The midpoint height of the buildings is 34 feet. The buildings were three stories high, but the units next to the residential properties to the east were stepped down to two stories to enhance compatibility. Ms. Brooks agreed the elevations needed enhancement. She asked the applicant to add awnings for more color on the frontage, but they added arched windows, which sufficed. They had pedestrian access along Federal Highway as requested also. She recommended approval. Mr. Johnson declared City Planning staff recommended approval of the site plan also. Chair Heavilin opened the floor for public comment, closing it when no one wished to speak. Wendy Tuma, Urban Design Studios, agent for Tuscan Villas @ Boynton Beach LLC, gave a PowerPoint presentation on the project. She indicated the applicant agreed with all conditions of approval. Board Comments · The fa<;ade is too smooth and uninteresting. · The crown above the arched windows looks cramped. The applicant agreed to put some small outriggers on the towers and crown to reduce crowding at the arches. · Lack of space for adequate landscaping on the two building ends, as they would be the areas most visible from Federal Highway. The applicant responded there was eight feet for landscaping on each end and they had three levels of landscaping: trees, shrubs, and ground covers. · Narrow building setbacks, which might lead to zero lot line applications. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 The applicant responded the five-foot setback only pertained to Unit #9, located in the southwest corner of the site. Building E, also on the south property line, is set back nine or ten feet. Mr. Johnson indicated staff had reviewed all setbacks, which were adequate and met Code requirements. . The concrete wall connecting the project to the single-family neighborhood is not placed on the property line, creating a false boundary. . Maintenance of the landscaping on the side away from the project could be a problem if the properties to the north and south were redeveloped. The applicant responded the wall would go within the 10-foot buffer on the east property line with landscaping on each side. They would have to make arrangements with the property owners to maintain the hedges on the other side of the wall; however, they had chosen low-maintenance plants. . The lighted parking lot next to the residential development might be of concern to the residents. Mr. Johnson responded the light poles would not go all the way around and staff would ensure lighting levels would be low and that there would be no spillover. . Guest parking appears to be inadequate. Although parking met and even exceeded requirements, there were only four guest parking spaces, one of which had to be converted to handicapped per the conditions of approval. The applicant indicated some people would park in front of their houses and make arrangements with their neighbors to use their driveways if they were having a party and the four guest spots were full. . Has the City sent legal notices for public hearings? Mr. Johnson responded that the legal notices had been published. Motion Ms. Horenburger moved to approve annexation of Tuscan Villas. Vice Chair Tillman seconded the motion that passed 7-0. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Motion Vice Chair Tillman moved to change the land use classification for Tuscan Villas from Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CHIS) to special High Density Residential (SHDR). Mr. Myott seconded the motion that passed 7-0. Motion Mr. Myott moved to approve the request of Tuscan Villas to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). Vice Chair Tillman seconded the motion that passed 7-0. Motion Mr. Myott moved to approve Tuscan Villas' site plan, subject to stated elevation revisions, all staff conditions of approval, working with staff to study the lighting levels, and further analysis by staff as to whether the location of the wall on or away from the property line was best. Ms. Horenburger seconded the motion that passed 6-1, Mr. Barretta dissenting. B. Seaview Park Club a. Site Plan Time Extension Project: Agent: Owner: Location: Description: Seaview Park Club (SPTE 06-002) Andy McGregor, Lennar Homes Lennar Homes 1620 North Federal Highway Request for a one-year Site Plan Time Extension for site plan approval granted on February 15, 2005, from February 15, 2006 to February 15, 2007. Mike Rumpf, Planning & Zoning Director, reported the Seaview Park Club received site plan approval on February 15, 2005 and was requesting a one-year site plan time extension through February 15, 2007. Two conditions of approval were: 1) proceed with demolition within 30 days of real estate closing, and 2) installation of overhead utilities underground along Federal Highway. The original approval was for a multi-family project on the east side of U.S. 1 approximately 900 feet north of the C-16 canal. It was approved for 69 dwelling units with some conditions. Ultimately, a minor modification was processed to reduce that down to 64 units and convert it to a townhouse style project. The time extension request was reviewed and there were no changes to the Land Development Regulations (LDR) that should now be reviewed against this project. Concurrency in a coastal residential project was not an issue. Good faith effort was proven by numerous 8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAI VIII.-PUBLIC HEARING ITEM B. 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 IZI April 4,2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon) 0 April IS, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April I?, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May I, 2006 (Noon) 0 July IS, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the April 4, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on March 14, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-034. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tuscan Villas (aka The Villas at Boynton Beach) (LUAR 06-002) Wendy Twna, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request to change the land use classification from Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CID5) to Special High Density Residential (SHDR; and Request to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). Proposed use: 22 townhouse-style condominium units on 1.407-acres. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A J \ /1! ()/ntC( ~1/1--,..1L--' v D~velopmen~ ep , ent Director /<-t.! i ,_ -\- Planning and ZoniB'g irector CIty Attorney / Finance / Human Resources S:lPlanningISHARED\WPIPROJECTS\Tuscan Villas\LUAR 06-002\Agenda Item Request Tuscan Villas LUAR 06-002 4-4-06.dot ~ City Manager's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 r8J April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) --1 0 0 :-,':,"", May 2, 2006 April ]7,2006 (Noon) Ju]y 5, 2006 June 19, 2006 (Noon) 0 May] 6, 2006 May],2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) .. ; 0 Administrative 0 Development Plans ~';' t... '.~ en - , 0 0 #' ; J NATURE OF Consent Agenda New Business '-- ~'l t-:~ AGENDA ITEM r8J Public Hearing r8J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the April 4, 2006 City Connnission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on March 14, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-034. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tuscan Villas (aka The Villas at Boynton Beach) (LUAR 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request to change the land use classification from Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CH/5) to Special High Density Residential (SHDR; and Request to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). Proposed use: 22 townhouse-style condominium units on IA07-acres. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A Development Department Director City Manager's Signature 7<-J 7 /;,_ Planning and ZoniJg irector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\LUAR 06-002\Agenda Item Request Tuscan Villas LUAR 06-002 4-4-06.dot S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF WENDY TUMA OF URBAN 6 DESIGN STUDIO, AMENDING ORDINANCE 02- 7 013 TO REZONE A PARCEL OF LAND LOCATED 8 ON THE EAST SIDE OF FEDERAL HIGHWAY 9 APPROXIMATELY 1,100 FEET NORTH OF 10 GULFSTREAM BOULEVARD, AS MORE FULLY 11 DESCRIBED HEREIN, FROM PALM BEACH 12 COUNTY COMMERCIAL GENERAL (CG) TO 13 INFlLL PLANNED UNIT DEVELOPMENT (IPUD); 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 18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 1 9 and 20 WHEREAS, Tuscan Villas at Boynton Beach, LLC, owner ofthe property located on 21 the east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard in 22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through 23 its agent, Urban Design Studio, pursuant to Section 9 of Appendix A-Zoning, of the Code of 24 Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said 25 land being more particularly described hereinafter, Palm Beach County Commercial General 26 (CG) to Infill Planned Unit Development (IPOO); and 27 WHEREAS, the City Commission conducted a public hearing and heard testimony 28 and received evidence which the Commission finds supports a rezoning for the property 2 9 hereinafter described; and 3 0 WHEREAS, the City Commission finds that the proposed rezoning is consistent with S:\CA \Ordinances\Planning\RezoninglRezoning - Tuscan Villas.doc 1 an amendment to the Land Use which was contemporaneously considered and approved at 2 the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing Whereas clauses are true and correct and incorporated 8 herein by this reference. 9 Section 2. The following described land located on the east side of Federal 10 Highway approximately 1,100 feet north of Gulfstream Boulevard in the City of Boynton 11 Beach, Florida, as set forth as follows: 12 Lot 1 and Lot lA of KING'S SUBDIVISION, according to the Plat 13 thereof, as recorded in Plat Book 20, Page 47, Public Records of 14 Palm Beach County, Florida; less the westerly 17 feet of said lots. 15 16 Together with: 17 18 All that part of Lot C of KING'S SUBDIVISION in Section 4, 19 Township 46 South, Range 43 East, Palm Beach County, Florida, 20 as per Plat recorded in Plat Book 20, Page 47, Palm Beach County 21 records except the following part thereof: Beginning at the 22 Southwest (SW) comer of said Lot C, and running thence North 23 along the West line thereof a distance of Eighty (80) feet; thence 24 Easterly in a straight line to the Southeast (SE) comer of said Lot 25 C; thence running West along the South line of said Lot C to the 26 Point of Beginning. Further less and except the Westerly 17 feet 27 for road right of way. 28 29 Containing: 58,412 square feet or 1.341 acres more or less. 30 31 Subject to easements, restrictions, reservations and rights-of-way 32 ofrecord. 33 34 be and the same is hereby rezoned from Palm Beach County Commercial General (CG) to S:\CA \Ordinances\Planning\Rezoning\Rezoning - Tuscan Villas.doc 1 Infill Planned Unit Development (IPUD). A location map is attached hereto as Exhibit "A" 2 and made a part of this Ordinance by reference. 3 Section 3. 4 accordingly. 5 Section 4. 6 repealed. 7 Section 5. That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are hereby Should any section or provision of this Ordinance or any portion thereof 8 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 9 remainder of this Ordinance. 10 Section 6. This ordinance shall become effective immediately upon passage. 11 FIRST READING this _ day of ,2006. 12 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 City Clerk 32 33 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \Ordinances\Planning\Rezoning\Rezoning - Tuscan Villas.doc C-3 PUD . 210 105 I LOCATION MAP Tuscan Villas IPUD Exhibit "A" nty RM TURNER RD PUD j! r s: C ;iO County CG C-3 City Boundary Gulfstream OR ROBERTS RD County RM o 210 420 630 840 'Feet N + 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY TUSCAN VILLAS AT BOYNTON BEACH, 8 LLC., AND LOCATED ON THE EAST SIDE OF 9 FEDERAL HIGHWAY APPROXIMATELY 1,100 FEET 10 NORTH OF GULFSTREAM BOULEVARD; 11 CHANGING THE LAND USE DESIGNATION FROM 12 PALM BEACH COUNTY COMMERCIAL HIGH, WITH 13 AN UNDERLYING MEDIUM RESIDENTIAL S UNITS 14 PER ACRE (CHIS) TO SPECIAL HIGH DENSITY 15 RESIDENTIAL (SHDR); PROVIDING FOR 16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 17 DATE. 18 19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 21 pursuant to Ordinance No, 89-38 and in accordance with the Local Government 22 Comprehensive Planning Act; and 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 25 WHEREAS, after two (2) public hearings the City Commission acting in its dual 26 capacity as Local Planning Agency and City Commission finds that the amendment 27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 28 the best interest of the inhabitants of said City to amend the aforesaid Element of the 2 9 Comprehensive Plan as provided. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated S:\CA\Ordinances\Planning\Land Use\Tuscan Villas.doc 1 herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 following: 4 That the Future Land Use ofthe following described land located on the east side of 5 Federal Highway approximately 1,100 feet north of Gulfstream Boulevard in Boynton Beach, 6 Florida shall be changed from Palm Beach County Commercial High, with an underlying 7 Medium Residential 5 units per acre (CH/5) and shall now be designated as Special High 8 Density Residential (SHDR): 9 Lot 1 and Lot lA of KING'S SUBDIVISION, according to the Plat 10 thereof, as recorded in Plat Book 20, Page 47, Public Records of Palm 11 Beach County, Florida; less the westerly 17 feet of said lots. 12 13 Together with: 14 15 All that part of Lot C of KING'S SUBDIVISION in Section 4, 16 Township 46 South, Range 43 East, Palm Beach County, Florida, as 17 per Plat recorded in Plat Book 20, Page 47, Palm Beach County 18 records except the following part thereof: Beginning at the Southwest 19 (SW) comer of said Lot C, and running thence North along the West 20 line thereof a distance of Eighty (80) feet; thence Easterly in a straight 21 line to the Southeast (SE) corner of said Lot C; thence running West 22 along the South line of said Lot C to the Point of Beginning. Further 23 less and except the Westerly 17 feet for road right of way. 24 25 Containing: 58,412 square feet or 1.341 acres more or less. 26 27 Subject to easements, restrictions, reservation and rights of way of record. 28 29 30 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 31 Future Land Use Plan shall be amended accordingly. 32 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 33 Section 5: Should any section or provision of this Ordinance or any portion thereof be S:\CA\Ordinances\Planning\Land Use\Tuscan villas.doc 1 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 4 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 5 Land Development Regulation Act. No party shall be vested of any right by virtue of the 6 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 7 including appeals, are exhausted. In the event that the effective date is established by state law or 8 special act, the provisions of state act shall control. 9 FIRST READING this _ day of ,2006. 10 SECOND, FINAL READING and PASSAGE this _ day of , 2006. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 City Clerk 31 32 (Corporate Seal) 33 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\OrdinanceS\Planning\Land Use\Tuscan Villas.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 06-034 FROM: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Eric Lee Johnson, AICP t Planner Michael W. Rumpf Director of Planning and Zoning TO: THROUGH: DATE: March 6, 2006 PROJECT NAME/NUMBER: Tuscan Villas (aka Villas at Boynton Beach) ANEX 06-002 and LUAR 06-002 REQUEST: To annex the 1.341-acre parcel; Amend the Future Land Use designation from Palm Beach County Commercial High, with an underlying Medium Residential, S units per acre (CH/S) to Special High Density Residential (SHDR) and rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD) PROJECT DESCRIPTION Property Owner: Tuscan Villas at Boynton Beach, LLC Applicant! Agent: Wendy Tuma / Urban Design Studio Location: On east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard (Exhibit "A'') Parcel Size: :1:1.341 acres Existing Land Use: Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CH/S) Existing Zoning: Palm Beach County Commercial General (CG) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: Townhouse Community Page 2 Rle Number: ANEX 06-002 I LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) Adjacent Uses: North: Developed commercial (Gulfstream Carpet) designated with Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) land use and zoned Palm Beach County Commercial General (CG); South: Developed commercial (licensed as Supervised Construction Services), designated with Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) land use and zoned Palm Beach County Commercial General (CG); East: Developed single-family residential lots designated with Palm Beach County Medium Residential, S units per acre (MR-S) land use and zoned Palm Beach County Single-family Residential (RS); and West: Right-of-way for Federal Highway, then farther west is partially developed commercial property recently approved for townhouse units (Gulfstream Gardens) designated with Special High Density Residential (SHDR) land use and zoned Planned Unit Development (PUD). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The requested annexation is consistent with the City's annexation policy; the property is contiguous to properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; 2. The future land use amendment is consistent with the policies of the City's Comprehensive Plan, particularly that portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Community Redevelooment Plan; and, 4. The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. Page 3 File Number: ANEX 06-002 I LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 1.341 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional, and local comprehensive plans prior to adoption. The subject property is currently developed with an auto dealership (per County DRC Petition# 1994-060). Master I Site Plan Analvsis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the IPUD Infill Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. The site plan proposes a 22-unit, townhouse-style condominium development at a gross density of 16.4 dwelling units per acre (du/ac). Structures are generally proposed at three (3) stories with the exception of the buildings closest to the single-family neighborhood to the east, where the easternmost portions of the buildings would be two (2)-stories. The main point of ingress I egress is proposed on Federal Highway. The street system internal to the development is generally proposed in a circuitous configuration. The residents would access their garages via these drive aisles. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Recreation amenities include a swimming pool and cabana area, centrally located to all proposed units. The project proposes 22, three (3)-bedroom units and a small recreation facility, and therefore, requires a total of 44 parking spaces. The site plan shows that each unit would have a two (2)- car garage, which would thus equate to providing 44 parking spaces. Combining the garage spaces and 90-degree spaces, the site plan would provide for a total of 48 parking spaces or an excess of four (4) parking spaces. The site plan proposes a building setback (from the east property line) that ranges between a minimum of 11.7 feet to a maximum of 35.2 feet. The accompanying site plan shows that a buffer wall is proposed along the east property line in conjunction with various trees and shrubs to provide the necessary buffering between the townhouses and the single-family neighborhood to the east. The property to the north is zoned County CG and developed with a commercial use (Gulfstream Carpet). The proposed townhouse buildings would be setback 10.3 feet from the north property line. This difference in building setbacks between the subject project and the commercial property to the north is consistent with other residential infill projects reviewed by the City. The property to the south is also zoned County CG. The townhouse buildings would be setback between five (5) feet and nine (9) feet. Uke the north setback against commercial zoning, the reduced building setback from the south property line is consistent with other approved projects. For this new site plan, all proposed building setbacks are consistent with the existing setbacks within the surrounding neighborhoods and meet the intent of the IPUD zoning district setback regulations. A more comprehensive discussion of the details will Page 4 File Number: ANEX 06-002 I LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) be provided by staff as a part of the corresponding site plan review (NWSP 06-002) since a site plan is substituting for a master plan. 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, when reviewing requests for annexation, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In addition, the requested land use designation and rezoning are for a change to residential uses; therefore, a review based on the criteria is warranted. 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. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential (SHDR) land use classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use, are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are lea~~ and "Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " Page 5 File Number: ANEX 06-002 / LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) The subject property, if annexed, would be located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. 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 be contrary to the established (and anticipated) land use pattern of the immediate vicinity. The proposed annexation I rezoning would not create an isolated zoning district unto itself but would appropriately relate the subject property with previously approved townhouse projects within the local area. For example, Gulfstream Gardens PUD, the closest multi-family townhouse project, is located on west side of Federal Highway directly across the street from the subject property. Several lots of the Gulfstream Gardens project were previously located within a small enclave of unincorporated Palm Beach County. As part of the project, these lots were annexed into the city, and all lots were collectively rezoned to PUD in order to construct 308 townhouse units. The subject property is also located within close proximity of other smaller, infill townhouse projects that were recently rezoned from commercial to residential (PUD and IPUD). For example, Bayfront and Oceanside, which are two (2) Southern Homes townhouse communities located on the west side of Federal Highway, just north of the subject property, were rezoned to IPUD and approved for 93 townhouses collectively. Additionally, Waterside, located approximately 800 feet north of the subject property on the east side of Federal Highway, is another example of a townhouse community that was annexed into the city and rezoned to IPUD. Rnally, Heritage Club, located approximately 680 feet south of the subject property on the west side of Federal Highway, was approved for a mixed-use development that required rezoning from Community Commercial (C- 3) to PUD. These aforementioned projects exemplify the current land use trend, of converting older and antiquated strip-commercial developments within the Federal Highway corridor into medium and high-end multi-family residential developments. As evidenced by these example Page 6 File Number: ANEX 06-002/ LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) projects, the proposed rezoning would not constitute a grant of special privilege to an individual property owner. c. Whether changed or changing conditions make the proposed rezoning desirable. According to Palm Beach County records, an auto sales business has been in existence on the subject property since 1973. In 1994, the site was approved for County Development Review Committee (DRC) review because the owner wanted to expand the size of the building. Under the County Code, auto sales is allowed in the Commercial General (CG) zoning district but only as a Special Exception, which is analogous to the city's conditional use process. As previously mentioned, the city has witnessed a steady trend of property owners converting their properties approved for commercial uses and lor single-family residential uses to mUlti-family residential uses within the last five (5) years along the Federal Highway corridor. Often this conversion serves to remove marginal, and sometimes undesirable, commercial uses. The adoption of the IPUD regulations in June 2002 provided an attractive incentive for redevelopment and infill projects on these smaller parcels in the Federal Highway corridor. Townhouses are permitted uses in the IPUD zoning district. Therefore, these two changes in current conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic Division for their review and approval. The Traffic Division reviewed the traffic study for the proposed land use amendment / rezoning and determined that the accompanying residential project is located within the County designated "Coastal Residential Exception Area" and therefore meets the Traffic Performance Standards of Palm Beach County. The accompanying site plan is expected to generate 175 new daily trips. However, this is 2,593 less trips than if the property had been built-out to its maximum potential under the current commercial land use classification. Maximum Potential Water / Sewer Traffic Development Population Demand Generation Potential Trips / day Existing land Use 60,983 square 15 persons* 7,500 gpd* / 2,768* (Actual) feet of 7,500 gpd* commercial * Proposed Development 22 fee-Simple 153 persons 9,560 gpd/ 175 townhouse 4,300 gpd units The project is estimated to require a total of 9,560 gallons of potable water per day. 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 demand for this project. Page 7 File Number: ANEX 06-002 I LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total of 4,300 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 10-year planning period. Regarding school concurrency, the proposed project lies within Concurrency Service Area (CSA) 19 and 20. Based on the School District's adopted multipliers for a dwelling unit, the proposed development may generate two (2) elementary school students, one (1) middle school students, and two (2) high school students. The schools currently serving the area and their utilization are as follows: Schools Current Capacity Current Enrollment Utilization% Plumosa Elementary School 652 386 59% Odyssey Middle School 1742 1100 63% Atlantic HiQh School 2500 2363 95% On November 18, 2005, the School District issued a Concurrency Determination for the site plan. The Concurrency Determination is valid for one (1) year from the date of issuance. Once a Development Order has been issued for the project, the concurrency determination will be valid for the life of the Development Order. The level of service for school concurrency is 110%. Based on existing utilization, another school would not be necessary to serve the area. The City's Fire Rescue and Police Departments have reviewed the application and determined that current staffing levels would be sufficient to meet the expected demand for services. Lastly, drainage will also be reviewed in detail as part of the review 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. As stated above in response to Criterion "b", the proposed land use and rezoning would be consistent with the land use and zoning districts approved for the adjacent properties; to the west (Gulfstream Gardens), to the north (Bayfront, Oceanside, and Waterside), and to the south (Heritage Club). Any effects on property values would be positive and would help to increase the city's tax base. The applicant asserts that the project would be a high-quality townhouse community with excellent landscape and site design which would enhance the surrounding properties. Page 8 Rle Number: ANEX 06-002 I LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed with an auto sales business. The economic viability of auto sales is questionable, considering the size of the property, the magnitude of competitors within nearby Delray Beach, and the transition to high-density residential uses that is presently occurring under the gUidelines of the Federal Highwav Corridor Communitv Redevelooment Plan. The applicant states that ''the scarcity of developable real estate east of Federal Highway has created a great demand for residential property. Based on the analysis, a rezoning from the existing commercial zoning would enhance the area and create housing needed in the eastern communities". Staff concurs. 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. The requested annexation, land use amendment, and rezoning presents the opportunity for quality redevelopment in a highly visible entrance corridor to the City and would also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. Likewise, the proposed zoning district (IPUD) has design guidelines and fixed requirements built into the regulations to help protect neighborhoods of single-family detached homes. The accompanying site plan demonstrates compliance with the intent of the IPUD zoning district. The proposed project would be an appropriate transitional use and intensity (from Federal Highway). h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Residential densities of 20 dwelling units per acre are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Hiohwav Corridor Community Redevelooment Plan. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that cannot be accommodated by existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff finds or recommends: 1. That the requested annexation is consistent with the City's annexation policy, the property is contiguous (across the street) with properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; therefore the annexation should be approved; Page 9 File Number: ANEX 06-002 I LUAR 06-002 Name: Tuscan Villas (aka Villas at Boynton Beach) 2. That the City Commission, acting as the Local Planning Agency, finds the proposed amendments consistent with the Comprehensive Plan; 3. That the requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; 4. That the proposed redevelopment plan is consistent with the VISion and recommendations of the Federal Highwav Corridor Community Redevelooment Plan; therefore, 5. The requested land use amendment and rezoning 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\PROJECTS\Tuscan Villas\LUAR 06-002\Staff Report.doc C-3 PUD . LOCATION MAP Tuscan Villas Exhibit "A" IPUD TURNER RD PUD ~ r- 3: o ;;0 County CG C- City Bmmdary Gulfstream OR ROBERTSRD County RM 210 N + 210 105 0 I 630 840 'Feet 420 EXHIBIT "B" Conditions of Approval Project name: File number: Reference' Tuscan Villas (aka Villas at Boynton Beach) ANEX 06-002 and LUAR 06-002 Staff relJort Memorandum P&Z 06-034 I DEPARTMENTS I INCLUDE \ REnCT I PUBLIC WORKS 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 FORESTERlENVIRONMENT ALIST Comments: None X PLANNING & ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Page 2 Tuscan Villas (aka Villas at Boynton Beach) File No.: LUAR 06-002 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Tuscan Villas\LUAR 06-OO2\COA.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Motion Ms. Horenburger moved to approve the Seagate of Gulfstream Condominium Fa<;ade Grant application. Vice Chair Tillman seconded the motion that failed 7-0. V. Public Comments Chair Heavilin opened the floor for comment on items not on the agenda. Hearing none, she closed it. VI. Public Hearing Board Attorney Spillias declared the quasi-judicial board procedures were available at the rear of the Chamber for interested parties. He then asked the Board members to reveal any ex-parte communications they might have had with anyone appearing before the Board at this meeting. Mr. DeMarco had a telephone call today from Mr. Bert Oliver of Ocean One. Board Attorney Spillias then swore in all who planned to speak during the Public Hearing portion of the meeting. Old Business - None New Business A. Tuscan Villas a) Annexation 1. Project: Agent: Owner: Location: Tuscan Villas (ANEX 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request to annex 1.407-acre parcel into the City Description: b) Land Use Plan Amendment/Rezoning 2. Project: Agent: Owner: Location: Tuscan Villas (LUAR 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Description: Request to change the land use classification from Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) to Special High Density Residential (SHDR); Request to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). proposed Use: 22 townhouse-style condominium units on 1.407 acres c) New Site Plan Description: Tuscan Villas (NWSP 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request new site plan approval to construct 22 townhouse-style condominium units and related site improvements on 1.407 acres in the Infill Planned Unit Development (IPUD) zoning district. 3. Project: Agent: Owner: Location: Eric Johnson, Planner, presented all aspects of the Tuscan Villas requests at one time. Staff recommended approval of the requests for annexation, land use plan amendment, and rezoning for the following reasons: . The requested annexation is consistent with the City's annexation policy. . The property is contiguous to all properties lying within the City of Boynton Beach and forms a reasonably compact addition to City boundaries. . The future land use element is consistent with the policies in the City's Comprehensive Plan, particularly that portion of Policy 1.16.1 defining the Special High Density Land use relative to redevelopment planning. . The project is consistent with the Federal Highway Corridor Redevelopment Plan. . The requested land use amendment and rezoning meet the criteria for review as required in the Land Development Regulations. Mr. Johnson reviewed the technical aspects of the site plan, displaying an aerial photograph of the property. There were 33 conditions of approval and Mr. Johnson understood the applicant was in agreement with all conditions. S Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 The site plan proposed 22 townhouse style condominiums in five different buildings. The proposed landscape buffers along Federal Highway are seven feet wide. The north and south landscape buffers would be five feet wide. The landscape buffer along the east property line would be 10 feet wide. The distance between the building and the east property line would range from a minimum of 11'-7" to 35'-2". The building setback on the north would be 10'-3" from the property line and from the south, 5'-9". The north and south setbacks abut commercial property. The applicant proposed a buffer wall to separate the project from the adjacent residential neighborhood to the east to mitigate any negative impacts from the project. The midpoint height of the buildings is 34 feet. The buildings were three stories high, but the units next to the residential properties to the east were stepped down to two stories to enhance compatibility. Ms. Brooks agreed the elevations needed enhancement. She asked the applicant to add awnings for more color on the frontage, but they added arched windows, which sufficed. They had pedestrian access along Federal Highway as requested also. She recommended approval. Mr. Johnson declared City Planning staff recommended approval. of the site plan also. Chair Heavilin opened the floor for public comment, closing it when no one wished to speak. Wendy Tuma, Urban Design Studios, agent for Tuscan Villas @ Boynton Beach LLC, gave a PowerPoint presentation on the project. She indicated the applicant agreed with all conditions of approval. Board Comments · The fa~ade is too smooth and uninteresting. · The crown above the arched windows looks cramped. The applicant agreed to put some small outriggers on the towers and crown to reduce crowding at the arches. · Lack of space for adequate landscaping on the two building ends, as they would be the areas most visible from Federal Highway. The applicant responded there was eight feet for landscaping on each end and they had three levels of landscaping: trees, shrubs, and ground covers. · Narrow building setbacks, which might lead to zero lot line applications. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 The applicant responded the five-foot setback only pertained to Unit #9, located in the southwest corner of the site. Building E, also on the south property line, is set back nine or ten feet. Mr. Johnson indicated staff had reviewed all setbacks, which were adequate and met Code requirements. . The concrete wall connecting the project to the single-family neighborhood is not placed on the property line, creating a false boundary. . Maintenance of the landscaping on the side away from the project could be a problem if the properties to the north and south were redeveloped. The applicant responded the wall would go within the la-foot buffer on the east property line with landscaping on each side. They would have to make arrangements with the property owners to maintain the hedges on the other side of the wall; however, they had chosen low-maintenance plants. . The lighted parking lot next to the residential development might be of concern to the residents. Mr. Johnson responded the light poles would not go all the way around and staff would ensure lighting levels would be low and that there would be no spillover. . Guest parking appears to be inadequate. Although parking met and even exceeded requirements, there were only four guest parking spaces, one of which had to be converted to handicapped per the conditions of approval. The applicant indicated some people would park in front of their houses and make arrangements with their neighbors to use their driveways if they were having a party and the four guest spots were full. . Has the City sent legal notices for public hearings? Mr. Johnson responded that the legal notices had been published. Motion Ms. Horenburger moved to approve annexation of Tuscan Villas. Vice Chair Tillman seconded the motion that passed 7-0. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Motion Vice Chair Tillman moved to change the land use classification for Tuscan Villas from Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CHIS) to special High Density Residential (SHDR). Mr. Myott seconded the motion that passed 7-0. Motion Mr. Myott moved to approve the request of Tuscan Villas to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). Vice Chair Tillman seconded the motion that passed 7-0. Motion Mr. Myott moved to approve Tuscan Villas' site plan, subject to stated elevation revisions, all staff conditions of approval, working with staff to study the lighting levels, and further analysis by staff as to whether the location of the wall on or away from the property line was best. Ms. Horenburger seconded the motion that passed 6-1, Mr. Barretta dissenting. B. Seaview Park Club a. Site Plan Time Extension Project: Agent: Owner: Location: Description: Seaview Park Club (SPTE 06-002) Andy McGregor, Lennar Homes Lennar Homes 1620 North Federal Highway Request for a one-year Site Plan Time Extension for site plan approval granted on February 15, 2005, from February 15, 2006 to February 15, 2007. Mike Rumpf, Planning & Zoning Director, reported the Seaview Park Club received site plan approval on February 15, 2005 and was requesting a one-year site plan time extension through February 15, 2007. Two conditions of approval were: 1) proceed with demolition within 30 days of real estate closing, and 2) installation of overhead utilities underground along Federal Highway. The original approval was for a multi-family project on the east side of U.s. 1 approximately 900 feet north of the C-16 canal. It was approved for 69 dwelling units with some conditions. Ultimately, a minor modification was processed to reduce that down to 64 units and convert it to a townhouse style project. The time extension request was reviewed and there were no changes to the Land Development Regulations (LDR) that should now be reviewed against this project. Concurrency in a coastal residential project was not an issue. Good faith effort was proven by numerous 8 ", /~(. \ ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM B.l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office [8j April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [8j Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the April 4, 2006 City Conunission Agenda under Public Hearing, with the corresponding items for annexation, land use amendment and rezoning. So that final approval of the land use and zoning changes precede consideration of the corresponding site plan request, staff recommends that this item be heard in conjunction with the annexation, land use and rezoning item, but tabled to the AprillSth meeting for final action to follow ordinance approval. The Community Redevelopment Agency Board approved subject request on March 14,2006, subject to all staff comments and additional conditions regarding elevation design, project lighting and location of the buffer wall. For further details pertaining to the request, see attached Department Memorandum No. 06-035. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tuscan Villas (aka The Villas at Boynton Beach) (NWSP 06-002) Wendy Tuma, Urban Design Studios James Paisley, Tuscan Villas at Boynton Beach, LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request new site plan approval to construct 22 townhouse-style condominium units and related site improvements on 1.407-acres in the Infill Planned Unit Development (!POO) zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature \ Ai..!/'1A"'~ /~1../~ - Developmen 1:>epa, ent Director ~&/~ .J ~ PlamUng and ~ Direcm, City Attorney I Finance I Human Re",= S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\NWSP 06-D02\Agenda Item Request Tuscan Villas NWSP 006-002 4-4-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC c;~) ,,~" 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 [g] April 4, 2006 D April 18,2006 D May 2, 2006 D May 16, 2006 March 20, 2006 (Noon.) D June 6, 2006 April 3,2006 (Noon) D June 20, 2006 April 17,2006 (Noon) D July 5, 2006 May 1,2006 (Noon) D July 18, 2006 May 15, 2006 (Noon) ~:~ :.',',1 June 5, 2006 (Noon) - (}l ~~. 1 June 19,2006 (Noon) :':.: July 3, 2006 (Noon) ::- ':.,'1 '..LJ I ~~: . .~.- j ; , ,~ , 0 NATURE OF AGENDA ITEM D Administrative D Consent Agenda [8J Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business D Legal D Unfinished Business D Presentation RECOMMENDATION: Please place this request on the April 4, 2006 City Conunission Agenda under Public Hearing, with the corresponding items for annexation, land use amendment and rezoning. So that [mal approval of the land use and zoning changes precede consideration of the corresponding site plan request, staff recommends that this item be heard in conjunction with the annexation, land use and rezoning item, but tabled to the April 18th meeting for final action to follow ordinance approval. The Community Redevelopment Agency Board approved subject request on March 14,2006, subject to all staff comments and additional conditions regarding elevation design, project lighting and location of the buffer wall. For further details pertaining to the request, see attached Department Memorandwn No. 06-035. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tuscan Villas (aka The Villas at Boynton Beach) (NWSP 06-002) Wendy Tuma, Urban Design Studios James Paisley, Tuscan Villas at Boynton Beach, LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request new site plan approval to construct 22 townhouse-style condominium units and related site improvements on 1.407-acres in the Infill Planned Unit Development (IPUD) zoning district. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A Development Department Director City Manager's Signature fiutJ -/, - /~ Planning ~ Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\NWSP 06-002\Agenda Item Request Tuscan Villas NWSP 006-002 4-4-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-035 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP q L Planner 7 FROM: DATE: March 6, 2006 PROJECT NAME/NO: Tuscan Villas (aka The Villas at Boynton Beach) / NWSP 006-002 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: James Paisley I Tuscan Villas at Boynton Beach, LLC Applicant: James Paisley I Tuscan Villas at Boynton Beach, LLC Agent: Wendy Tuma I Urban Design Studio Location: On east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard (Exhibit "A'') Existing Land Use: Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CH/5) Existing Zoning: Palm Beach County Commercial General (CG) Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac) Proposed Zoning: Infill Planned Unit Development (IPUD) Proposed Use: 22 townhouse-style condominium units Acreage: :1:1.341 acres Adjacent Uses: North: Developed commercial (Gulfstream Carpet) designated with Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CH/5) land use and zoned Palm Beach County Commercial General (CG); Staff Report - Tuscan Villas (NWSP 06-002) Memorandum No PZ 06-035 Page 2 South: Developed commercial (licensed as Supervised Construction Services), designated with Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) land use and zoned Palm Beach County Commercial General (CG); East: Developed single-family residential lots designated with Palm Beach County Medium Residential, S units per acre (MR-S) land use and zoned Palm Beach County Single-family Residential (RS); and West: Right-of-way for Federal Highway, then farther west is partially developed commercial property recently approved for townhouse units (Gulfstream Gardens) designated with Special High Density Residential (SHDR) land use and zoned Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan 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. Site Characteristic: The subject property is comprised of several lots that are currently located within a small enclave of unincorporated Palm Beach County. If annexed, the property would lie within Study Area V of the Federal Highway Corridor Redevelopment Plan. The survey shows the parcel is currently developed with one a (l)-story commercial building, wood and chain-link fences, a concrete sign, and asphalt parking areas. No ground elevations were shown on the survey. It should be noted that a site inspection revealed that the building had been recently demolished. BACKGROUND Proposal: Wendy Tuma of Urban Design Studios, agent for Tuscan Villas at Boynton Beach, LLC is proposing a new site plan for 22 townhouse-style condominium units. As previously mentioned, the parcel, if successfully annexed would be located within Study Area V of the Federal Highway Corridor Redevelopment Plan. The Redevelopment Plan allows for higher residential densities within this area, above the five (5) dwelling units per acre currently allowed by Palm Beach County CHIS land use classification. Under the CHIS land use classification, the maximum allowable project density would have resulted in a maximum of six (6) dwelling units. However, in order to achieve a higher density, the developer is requesting to reclassify the land use from Palm Beach County CHIS to Special High Density Residential (SHDR) and to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). The SHDR land use classification allows up to 20 dwelling units per acre, which would equate to a total of 26 units. The project proposes 22 units, resulting in a density of 16.4 dwelling units per acre. Townhouses are permitted uses in the IPUD zoning district. The project would be completed in one (1) phase. Staff Report - Tuscan Villas (NWSP 06-002) Memorandum No PZ 06-035 Page 3 Concurrency: Traffic: Utilities: ANALYSIS A traffic study was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that the proposed redevelopment project is located within the county designated "Coastal Residential Exception Area", and therefore, meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the 2010 build-out date (see Exhibit "c" - Conditions of Approval). The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. 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 estimated to require a total of 9,560 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 4,300 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 I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. 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 confirms that adequate capacity exists to accommodate the proposed 22 dwelling units. The project is located within Concurrency Service Area (CSA) #19 and #20. Driveways: The project proposes one (1) main point of ingress I egress on Federal Highway. The civil drawing shows that the opening would be dimensioned 24 feet in width. The egress lane would allow for right-turn (northbound) traffic movement onto Federal Highway. No left-turn (southbound) traffic movement is proposed on Federal Highway due to the presence an existing landscaped median. The street system internal to the development is generally proposed in a circuitous configuration. The residents would access their garages via these drive aisles. The site plan shows that all two (2)-way drive aisle lanes would be 22 feet in width, Staff Report - Tuscan Villas (NWSP 06-002) Memorandum No PZ 06-035 Page 4 which would conform to current engineering standards. Much of the underground infrastructure (i.e. potable water lines, sanitary sewer lines) would be placed underneath the street network. In most areas of the site, the sidewalks are proposed separately from the street system. However, a sidewalk is proposed at only one (1) side of the project's main entrance. It was purposely designed this way in order allow for extra landscaping on the opposite side of the front entrance drive. The sidewalk, proposed across the main entrance drive would be made of brick pavers. Staff reviewed the internal pedestrian connections and found them to be adequate because the project is small and compact. However, it should be noted that the front entrance of the project was designed in such a way that it would not be able to accommodate security gates, either now or in the future due to the insufficient space for vehicle stacking from Federal Highway (see Exhibit "C" - Conditions of Approval). Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 22, three (3)-bedroom units and a small recreation facility. Therefore, based upon the above referenced number of units and the amenity, the project requires a total of 44 parking spaces. The site plan shows that each unit would have a two (2)-car garage, which would thus equate to providing 44 parking spaces. The size of each unit would vary but generally, each garage would be dimensioned 19 feet in width by 20 feet in depth. The plan also proposes four (4) gO-degree parking spaces. According to the site plan, the 90-degree parking stalls would be dimensioned nine (g) feet in width by 18 feet - six (6) inches in length. Combining the garage spaces and 90-degree spaces, the site plan would provide for a total of 48 parking spaces or an excess of four (4) parking spaces. It should be noted that one (1) of the gO-degree parking spaces shall be converted to a handicap accessible space in order to meet ADA disability requirements; this cOl)version would occur at the time of permitting. Landscaping: The site plan tabular data indicates that 0.28 acres or 21% of the site would be pervious surface. The plant list (sheet 1 of 5) indicates the landscape plan would provide a total of 31 canopy trees, all of which would be native. The plant list indicates that 49 or 70% of the palm trees would be native. Also, the landscape plan would contain 2,303 shrubs I groundcover plants, of which 1,201 (52.1%) would be native. The tree species would include the following: Live Oak, East Palatka Holly, Tree Ligustrum, Purple Glory Tree, Alexander palm, Cabbbage palm, and Green Coconut Malayan palm. The dwelling units are proposed as townhouse- style condominium units and staff understands that the lands remaining outside the building footprint would be under the control of the Homeowner's Association. Staff favors common ownership of landscaped areas because they are more likely to be maintained properly with less likelihood of individual unit owners removing trees within the buffer areas. With regards to aesthetics, the applicant agrees to install Redtip Cocoplum hedges around utility boxes and structures that are not currently known or shown on the plan at this time. The colored renderings of the West (view from Federal Highway) and East (view from east) elevations illustrate how the landscaping would soften the appearance of the townhouse buildings. The landscape plan shows that the western landscape buffer (adjacent to Federal Staff Report - Tuscan Villas (NWSP 06-002) Memorandum No PZ 06-035 Page 5 Highway) would be at least seven (7) feet wide at its narrowest point. The landscape plan shows that this buffer would consist of East Palatka Holly, Green Malayan Coconut palm, Gold Mound Duranta, Dwarf Indian Hawthorne, and a row of Redtip Cocoplum hedges. It appears that most of the trees would be installed at a spacing of one (1) tree per 22 feet. Each townhouse unit proposed along Federal Highway would have a sidewalk that directly links to the sidewalk on Federal Highway. A small courtyard is proposed in front of each along Federal Highway. It would be enclosed with a four (4)-foot high black picket fence. The site plan shows that the south landscape buffer (adjacent to the supervised construction service trailers) would be at minimum, five (5) feet in width at its narrowest point. The landscape plan proposes the following plant material: Live Oak, East Palatka Holly, Cabbage Palm trees, Spanish Stopper, Silver Buttonwood and Redtip Cocoplum hedges. The site plan shows that the north landscape buffer (adjacent to Gulfstream Carpet) would be five (5) feet in width at its narrowest point. The landscape plan proposes the following plant material: East Palatka Holly, Cabbage palm, Gold Mount Duranta, Dwarf Fakahatchee Grass, Xanadu Philodendron, Wax Jasmine, and a row of Spanish Stopper. The site plan shows that the east landscape buffer (adjacent to the Single-family residential neighborhood) would be 10 feet wide at its narrowest point. It would contain the following plant material: Live Oak, Cabbage palm, East Palatka Holly, Dwarf Fakahatchee Grass, Silver Buttonwood, and Redtip Cocoplum hedges. A six (6) foot high wall is proposed a few feet from the east property line; its location would allow for hedges to grow on both sides. The wall would provide for a lower- level buffer while the trees planted nearby would provide for an upper-level buffer. A sidewalk is proposed just east of the southeastern building and encroaches into the east landscape buffer. Staff recommends relocating this sidewalk slightly to the west in order to increase the width of the planting area within the landscape buffer (see Exhibit "c" - Conditions of Approval). Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the IPUD zoning district at a project density of 16.4 dwelling units per acre. The maximum density allowed by the Special High Density Residential land use classification is 20 dwelling units per acre. The project's 22 dwelling units are proposed within five (5) separate buildings, namely Buildings "A" through "E". Each building would contain a varying number of dwelling units, ranging from three (3) units to six (6) units. The floor plans show the proposed size and configuration of each unit. The project proposes four (4) model types, ranging from 1,947 square feet 2,513 square feet of "air-conditioned" space. No individual swimming pools or screened enclosures are proposed or shown on the plans. Staff recommends that their omission should be noted as such within the Home Owners Association documents. Likewise, the developer does not intend to screen-in the balconies (see Exhibit "c" - Conditions of Approval). Staff Report - Tuscan Villas (NWSP 06-002) Memorandum No PZ 06-035 Page 6 The IPUD zoning district allows buildings to reach a maximum height of 45 feet. However, a lesser building height could be imposed if compatibility with the adjacent properties would be in jeopardy. The code defines building height as follows: The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established by FEMA, whichever is highest, to the highest point of the roof for flat roofs, to the deck line for mansard roofs and parapet roofs with parapets less than five (5) feet in height. Gable and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Despite the site plan tabular data indicating 40 feet in height, the elevations show the buildings would be 34 feet - six (6) inches in height, measured at the mid-point of the pitched roof. All buildings would comply with the height limitation of the IPUD zoning district. At the time of permitting, the site plan tabular data shall be revised to indicate the correct building height (see Exhibit "c" - Conditions of Approval). It should be noted that the peak of the roof would be 39 feet - five (5) inches. However, as previously mentioned the abutting properties to the east are zoned Palm Beach County RS and developed with one (l)-story, single-family detached homes. The County RS zoning district allows a maximum building height of up to 35 feet (at mid-point of roof). As previously mentioned, it was the developer's intent to construct three (3)-story buildings along the east property line but staff warned that the proposed building height would be a critical design element to consider when requesting to rezone to the IPUD zoning district. Staff suggested that the applicant reduce the building height of those buildings proposed adjacent to the Single-family homes, from three (3) stories to two (2) stories. In heeding staff's suggestions, the plans were modified so that the buildings, originally proposed along the east property line, were substituted with a drive aisle that is currently shown along much of the east side of the site. This substitution was done to maximize the setbacks between buildings on the subject property from homes on the adjacent single-family lots. In addition, the easternmost portion of each townhouse building (adjacent to the Single-family homes) are proposed at two (2)- stories rather than three (3)-stories. The elevations show that the mid-point of the two (2)-story portion would be approximately 24 feet in height. Staff opines that the current configuration of the buildings represent a sufficient compromise to improve compatibility between the subject property and the abutting properties to the east to mitigate the height discrepancy. Staff also feels that decreasing the height of the east faf;ade of these buildings would provide an equitable transition between the maximum height of 35 feet allowed in the adjacent single-family neighborhood and the 45-foot height allowed in the IPUD district. The IPUD zoning district contains no specific minimum building setback requirements other than mirroring the setbacks of adjacent zoning districts. However, a structure on the perimeter of an IPUD project that is adjacent to an existing Single-family neighborhood must adhere to additional setback requirements. The IPUD regulations require an additional one (1) foot building setback for each one (1) foot in building height that exceeds 30 feet. In this case, the proposed height of the condominium building would be slightly more than 34 feet tall. Therefore, this would equate to an additional required setback of four (4) feet (in conjunction with mirroring the setback of the abutting properties). The Staff Report - Tuscan Villas (NWSP 06-002) Memorandum No PZ 06-035 Page 7 properties to the east are located in an enclave of unincorporated Palm Beach County, zoned County RS, and directly abut the subject site. These lots have been developed with single-family detached homes. The IPUD zoning regulations specifically addresses compatibility requirements with these types of developments. The rear setback of the County RS zoning district is 15 feet; so therefore, the project should have a rear building setback comparable to 15 feet. However, it should be noted that the city may grant some relief from the required setbacks provided that screening or other barriers are provided along the perimeter. Along the east property line, the site plan proposes a building setback that ranges between a minimum of 11.7 feet to a maximum of 35.2 feet. As previously mentioned, a buffer wall is proposed along the east property line in conjunction with a multitude of trees and shrubs that would provide the necessary buffering between the townhouses and the single-family neighborhood. Likewise, the easternmost portion of each townhouse building (adjacent to the Single-family homes) are proposed at two (2)-stories rather than three (3)-stories. The developer provided a cross-section drawing, labeled "Section A-A", which shows a townhouse building and how it compares with the adjacent single-family detached homes. The detail indicates the existing I proposed setbacks, building heights, and landscape material. The property to the north of the subject property is zoned County CG and has been developed with a commercial use (Gulfstream Carpet). The County CG zoning district requires a 15-foot side setback. The proposed townhouse buildings would be setback 10.3 feet from the north property line. This difference in building setbacks between the subject project and the commercial property to the north is consistent with other residential infill projects reviewed by the City. Similarly, the property to the south is also zoned County CG. The townhouse buildings would be setback between five (5) feet and nine (9) feet. Like the north setback against commercial zoning, the reduced building setback from the south property line is consistent with other approved projects. For this new site plan, all proposed building setbacks are consistent with the existing setbacks within the surrounding neighborhoods and meet the intent of the IPUD zoning district setback regulations. The main recreation area would be located at the center of the site, centrally located to all residents. It would include a swimming pool, cabana building, decorative water fountain, and bicycle racks. The recreation area is proposed large enough to meet the IPUD's special requirement for usable open space. The elevations do not indicate the actual roof height of the cabana building, but depicts it as a one (I)-story structure. When scaled, it appears to be approximately 13 feet - six (6) inches in height. The photometric plan demonstrates that lighting levels at the recreation area would be adequate and not "spill" over onto adjacent properties. Design: The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean design with textured stucco finish, tile inserts, simulated stone band and sills, cast stone baluster and panels, rounded-windows, WOOd-panel front doors, clear glass Staff Report - Tuscan Villas (NWSP 06-002) Memorandum No PZ 06-035 Page 8 with bronze finish aluminum frames, and S-tile roof. The project proposes multi- colored buildings consisting of the following Porter paints and color schemes: Color code Paint Name Color Location Scheme # 1 #6805-1 Pale Honey Light tan Main wall #7195-1 White Umber White Main wall #6808-2 Dusty Airport Dark tan Main wall Scheme #2 #6115-2 Pale Coral Light peach Main Wall #6118-3 Sun Coral Peach Main wall #7195-1 White Umber White Main wall Scheme #3 #6169-2 Bud White Light yellow Main wall #6172-4 Sun Amber Yellow Main wall #7195-1 White Umber White Main wall The elevations of the cabana building show that it would have the same roof style, exterior finish, and paint colors as that of the townhouse buildings. The developer provided staff with an illustration of the proposed outdoor freestanding lighting fixture that would be used throughout the recreation area. The Pole Detail indicates it would be a Sky Cast decorative pole, 15 feet in height and made of concrete. No pole color was indicated on the illustration. Similar to other recently approved townhouse projects, the buildings proposed along Federal Highway would have their front doors oriented towards the street. Staff endorses this design characteristic of how Building "A" and Building "B" engage the main street while Building "C" and Building "D" are oriented towards the pool area. Signage: The project proposes a subdivision identification sign, located on the front fa~ade of the recreation building, visible to motorists when entering the site. The Entry Sign elevation (sheet A5.1) shows that "The Villas at Boynton Beach" sign would be externally lit and made of aluminum pin letters of brushed gold color. The letters would be centered between two (2) cast stone accent features. RECOMMENDATION: Staff has reviewed this request for new site plan approval and is recommending approval, contingent upon the successful request for annexation (ANEX 06-002), land use amendment/ rezoning (LUAR 06-003), and 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\Tuscan Villas\NWSP 06-002\Staff Report.doc C-3 PUD . LOCATION MAP Tuscan Villas IPOD PUD ~ r- 3: c ;:0 County CG Gl.llfstrearn QR Exhibit "A" TURNER RD ROBERTS RD County RM 200 100 0 I 400 600 800 'Feet N W+E S 200 .. 1 in. = 97.4 feet Exhibit "A" ~'H:S'~ (l ~/ /. ! j,. /l if Ii' .1".:,_ -.. .~i I, AC l 'Ill: ! t )> <;) II ~J/' /1 if / / / IlliiIIIlIlIIIl!i rDlIIIIIIP""1 !r~~~liJII! . I' ~(: ;::~~'tiS IlIIIllBlllliil 1II!IIC~'ljll ",. I if 'I . I I I "''''I-.n''l~ - ~ HH S IIlll1J11lll1! 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I -' ills: S:-Q) Q)I~ ~ 0 o ::y :::r =: =_:::> :::> <1> <1> Iu> u> ::y ::y <1> <1> -<1> <1> I~ ~ r r ' N ~ en , (D r Ie)> - .,,2 G) ." 0 I mU> o JJ 0 o ~ 2 m o JJ m -i m ~ ~ r ~:, 1 The Villas at Boynton Beach , . ~ City of Boynton Beach, Florida ~ Landscape Plan 1 ~I i i.W1i!llllIll1i mw, .1. ! f ~imi!l ,'ht h! . ; f,111'111 H i f ~ . =' r hI !l v~, EXHIBIT B r- (D~ co~ ~(J)6 mO - :n" " m ) ~ "I The Villas at Boynton Beach : ~ City of Boynton Beach, Florida ~ Landscape Plan ----- 1 ~I I i'I'iI!lliilrIW~f Hf~ 1 f Ir1flhl h'r. it if ( I . 'i,'t'JI . ~ '.1 h! . I 'I' If I ~tl 3-1 F f,iWh ~f IIi ~ )>!(~!I!: ()1 a T ~ ~ q' .... ;~ ~ - ~ -li I;,!gl~ dl; I l q ~ l!J ~p ......... -..- t ........ __....... ( ~ ~~~ .-u ! ~z ~ ~ I ; I! n is ill I i IR il i i!l e I i e~ 12'_4a ~ " IT B ACCESSORY BUllIDNGS THE VILLAS AT BOYNTON BEACH 8O'fNTON BEACH. FL $OJ me ~- "r :;00 0- ~z zG'> =-nOJ m~ ~:\E ~m ,en :J:~ -m G>r ~m ~~ ~ o Z SI EXHIBIT B $OJ me ~- "r :;00 0- s:Z zG'> =-n)> m~ ~:\E ~m ,en :J:~ -m G>r ~m ~~ ;j o Z en m ~ o z )> ~ i ~ f I': ;; ~ i5 ~ .= ~ ~ cnm m)> Qen 6~ z'"tJ $::0 ~~ m ~ C Z m - - r - ............. ; EXHIBIT "C" Conditions of Approval Project name: Tuscan Villas File number: NWSP 06-002 Reference: 3rd review plans identified as a New Site Plan with a February 28.2006 Planning & Zoning date stamp marking I ~ DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, add stop bar(s), stop sign(s), and double yellow X lane separators on the north and south side of the main entrance into the development (on the internal road) 2. Insufficient space is provided to allow gating of the community, now or in the X future. 3. Add a handicap space adjacent to the pool area. X ENGINEERING DIVISION Comments: 4. Lighting is only required for public parking. The street lighting IS not X required, just recommended. 5. Sight triangle clearance two (2) feet - six (6) inches to eight (8) feet X clearance. The sight triangles need to be shown on the landscape plans at the time of permitting - use FDOT standards. UTILITIES Comments: 6. The City's water capacity, as increased through the purchase of up to 5 X million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project estimated to require a total of 9,560 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 4,300 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan. COA 03/06/06 2 I DEPARTMENTS INCLUDE REJECT 7. At the time of permitting, all utility easements shall be shown on the rectified X site plan and landscaping drawings so that staff can determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Chap. 7.5, Art. I, Sec. 18.1 give public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public ri,:?;hts-of-way. 8. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this proiect (CODE Sec. 26-12). 9. At the time of permitting, fire flow calculations will be required X demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m. on certain residential developments) with 20 p.sj. residual pressure as stated in LDR Chap. 6, Art. N, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(b)). A single 6- inch (assumed) stub line connection does not yield this requirement. Consider looping a new 8-inch water main back into the existing 8-inch in Federal Highway, with routing along side of Unit #16 (or ideally in the replacement of Unit #16). 10. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for this X 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. The new time line requires payment within seven (7) days. 11. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. City water may not, therefore, be used for irrigation where other sources are readily available. As the project is close to the Intracoastal, if brackish water is encountered, then city water may be approved for landscape irri,:?;ation. 12. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). Insufficient information has been provided regarding manhole depth to determine final sanitary sewer utility easement widths. Sanitary easements are assumed to be twice the depth of the manhole (deeper) depth. A 10-foot separation is required between water and sewer in shared easements. The minimum easement width is 12 feet. An administrative waiver will be required for variations to the separation widths. COA 03/06/06 3 I I DEPARTMENTS INCLUDE REJECT 13. 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 CODE Sec. 26-15. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 14. 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 503 of the 2004 FBC. 15. 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 2004 FBC, Section 1609 (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. 16. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (psf) on the plans for the building design. 17. 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. 18. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 19. 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. 20. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be X 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. COA 03/06/06 4 I DEPARTMENTS INCLUDE REJECT 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) 21. 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. 22. 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)) 23. 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. 24. 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: 25. Park Impact Fee - 22 single-family, attached units @ $771.00 = $16,962 due X prior to the issuance of the first permit. COA 03/06/06 5 I I DEP ARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENT ALIST Comments: 26. The Landscape Architect should tabulate the total diameter inches of existing X trees on the site. The tabular data should show the individual species diameters of trees proposed to remain in place, be relocated throughout the site, or removed / replaced on site. All desirable species (Live Oak, Mahogany) 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 sheets 3 of 3. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p.2. PLANNING AND ZONING Comments: 27. Approval of this project is contingent upon the approval of the accompanying X request for annexation (ANEX 06-002) and land use amendment / rezoning (LUAR 06-002). 28. The Palm Beach County Traffic Division determined that the proposed X redevelopment project is located within the county designated "Coastal Residential Exception Area", and therefore, meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the 20 I 0 build-out date. 29. No individual swimming pools or screened enclosures are proposed (or X shown on the plans) and its omission should be noted as such on the plans and within the Home Owners Association documents. Likewise, the developer does not intend to screen-in the balconies either. 30. The buffer wall / fence may not exceed six (6) feet in height (Chapter 2, X Section 4.J.l.). The decorative caps cannot exceed seven (7) feet in height. 31. At the time of permitting, the site plan tabular data shall be revised to indicate X the correct building height. 32. All sIgnage IS subject to reVIew and approval of the Community X Redevelopment Agency and City Commission. The subdivision identification sign face may not exceed 32 square feet in area (Chapter 21, Article IV, Section 1.D). 33. Staff recommends relocating the utilities (proposed along the 10- foot wide X east landscape buffer) four (4) feet to the west so that the easement does not overlap with the landscape buffer thereby allowing canopy trees within said buffer. COA 03/15/06 6 i DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 34. Improve upper portion of elevations on buildings fronting US- I (buildings X "A" and "B") with enhancements such as balconies, greater roof articulation, faux features, decorative medallions, etc. Enhance ends of said buildings similarly, and include additional trees at heights proportional to buildings. 35. Re-evaluate location of wall proposed within east landscape buffer X considering maintenance of outer edge of wall and landscape materials. 36. Review ultimate project lighting for proper fixture height, shielding, X orientation and intensity to mitigate light spillage and glare. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 35. To be determined. MWRlelj S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\NWSP 06-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Tuscan Villas (aka Villas at Boynton Beach) APPLICANT'S AGENT: Wendy Tuma / Urban Design Studio APPLICANT: James Paisley / Tuscan Villas at Boynton Beach, LLC APPLICANT'S ADDRESS: 217 Fortuna Drive Palm Beach Gardens, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 22 townhouse-style condominium units on a 1.341-acre parcel in the IPUD Infill Planned Unit Development zoning district LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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:IPlanning\SHAREDIWPIPROJECTSITuscan VillaslNWSP 06-0021DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Motion Ms. Horenburger moved to approve the Seagate of Gulfstream Condominium Fa<;ade Grant application. Vice Chair Tillman seconded the motion that failed 7-0. V. Public Comments Chair Heavilin opened the floor for comment on items not on the agenda. Hearing none, she closed it. VI. Public Hearing Board Attorney Spillias declared the quasi-judicial board procedures were available at the rear of the Chamber for interested parties. He then asked the Board members to reveal any ex-parte communications they might have had with anyone appearing before the Board at this meeting. Mr. DeMarco had a telephone call today from Mr. Bert Oliver of Ocean One. Board Attorney Spillias then swore in all who planned to speak during the Public Hearing portion of the meeting. Old Business - None New Business A. Tuscan Villas a) Annexation 1. Project: Agent: Owner: Location: Tuscan Villas (ANEX 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request to annex 1.407-acre parcel into the City Description: b) Land Use Plan Amendment/Rezoning 2. Project: Agent: Owner: Location: Tuscan Villas (LUAR 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Description: Request to change the land use classification from Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) to Special High Density Residential (SHDR); Request to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). proposed Use: 22 townhouse-style condominium units on 1.407 acres c) New Site Plan Description: Tuscan Villas (NWSP 06-002) Wendy Tuma, Urban Design Studios Tuscan Villas @ Boynton Beach LLC East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard Request new site plan approval to construct 22 townhouse-style condominium units and related site improvements on 1.407 acres in the Infill Planned Unit Development (IPUD) zoning district. 3. Project: Agent: Owner: Location: Eric Johnson, Planner, presented all aspects of the Tuscan Villas requests at one time. Staff recommended approval of the requests for annexation, land use plan amendment, and rezoning for the following reasons: . The requested annexation is consistent with the City's annexation policy. . The property is contiguous to all properties lying within the City of Boynton Beach and forms a reasonably compact addition to City boundaries. . The future land use element is consistent with the policies in the City's Comprehensive Plan, particularly that portion of Policy 1.16.1 defining the Special High Density Land use relative to redevelopment planning. . The project is consistent with the Federal Highway Corridor Redevelopment Plan. . The requested land use amendment and rezoning meet the criteria for review as required in the Land Development Regulations. Mr. Johnson reviewed the technical aspects of the site plan, displaying an aerial photograph of the property. There were 33 conditions of approval and Mr. Johnson understood the applicant was in agreement with all conditions. S Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 The site plan proposed 22 townhouse style condominiums in five different buildings. The proposed landscape buffers along Federal Highway are seven feet wide. The north and south landscape buffers would be five feet wide. The landscape buffer along the east property line would be 10 feet wide. The distance between the building and the east property line would range from a minimum of 11'-7" to 35'-2". The building setback on the north would be 10'-3" from the property line and from the south, 5'-9". The north and south setbacks abut commercial property. The applicant proposed a buffer wall to separate the project from the adjacent residential neighborhood to the east to mitigate any negative impacts from the project. The midpoint height of the buildings is 34 feet. The buildings were three stories high, but the units next to the residential properties to the east were stepped down to two stories to enhance compatibility. Ms. Brooks agreed the elevations needed enhancement. She asked the applicant to add awnings for more color on the frontage, but they added arched windows, which sufficed. They had pedestrian access along Federal Highway as requested also. She recommended approval. Mr. Johnson declared City Planning staff recommended approval of the site plan also. Chair Heavilin opened the floor for public comment, closing it when no one wished to speak. Wendy Tuma, Urban Design Studios, agent for Tuscan Villas @ Boynton Beach LLC, gave a PowerPoint presentation on the project. She indicated the applicant agreed with all conditions of approval. Board Comments · The fa~ade is too smooth and uninteresting. · The crown above the arched windows looks cramped. The applicant agreed to put some small outriggers on the towers and crown to reduce crowding at the arches. · Lack of space for adequate landscaping on the two building ends, as they would be the areas most visible from Federal Highway. The applicant responded there was eight feet for landscaping on each end and they had three levels of landscaping: trees, shrubs, and ground covers. · Narrow building setbacks, which might lead to zero lot line applications. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 The applicant responded the five-foot setback only pertained to Unit #9, located in the southwest corner of the site. Building E, also on the south property line, is set back nine or ten feet. Mr. Johnson indicated staff had reviewed all setbacks, which were adequate and met Code requirements. . The concrete wall connecting the project to the single-family neighborhood is not placed on the property line, creating a false boundary. . Maintenance of the landscaping on the side away from the project could be a problem if the properties to the north and south were redeveloped. The applicant responded the wall would go within the 10-foot buffer on the east property line with landscaping on each side. They would have to make arrangements with the property owners to maintain the hedges on the other side of the wall; however, they had chosen low-maintenance plants. . The lighted parking lot next to the residential development might be of concern to the residents. Mr. Johnson responded the light poles would not go all the way around and staff would ensure lighting levels would be low and that there would be no spillover. . Guest parking appears to be inadequate. Although parking met and even exceeded requirements, there were only four guest parking spaces, one of which had to be converted to handicapped per the conditions of approval. The applicant indicated some people would park in front of their houses and make arrangements with their neighbors to use their driveways if they were having a party and the four guest spots were full. . Has the City sent legal notices for public hearings? Mr. Johnson responded that the legal notices had been published. Motion Ms. Horenburger moved to approve annexation of Tuscan Villas. Vice Chair Tillman seconded the motion that passed 7-0. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 14, 2006 Motion Vice Chair Tillman moved to change the land use classification for Tuscan Villas from Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CHIS) to special High Density Residential (SHDR). Mr. Myott seconded the motion that passed 7-0. Motion Mr. Myott moved to approve the request of Tuscan Villas to rezone from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD). Vice Chair Tillman seconded the motion that passed 7-0. Motion Mr. Myott moved to approve Tuscan Villas' site plan, subject to stated elevation revisions, all staff conditions of approval, working with staff to study the lighting levels, and further analysis by staff as to whether the location of the wall on or away from the property line was best. Ms. Horenburger seconded the motion that passed 6-1, Mr. Barretta dissenting. B. Seaview Park Club a. Site Plan Time Extension Project: Agent: Owner: Location: Description: Seaview Park Club (SPTE 06-002) Andy McGregor, Lennar Homes Lennar Homes 1620 North Federal Highway Request for a one-year Site Plan Time Extension for site plan approval granted on February 15, 2005, from February 15, 2006 to February 15, 2007. Mike Rumpf, Planning & Zoning Director, reported the Seaview Park Club received site plan approval on February 15, 2005 and was requesting a one-year site plan time extension through February 15, 2007. Two conditions of approval were: 1) proceed with demolition within 30 days of real estate closing, and 2) installation of overhead utilities underground along Federal Highway. The original approval was for a multi-family project on the east side of U.s. 1 approximately 900 feet north of the C-16 canal. It was approved for 69 dwelling units with some conditions. Ultimately, a minor modification was processed to reduce that down to 64 units and convert it to a townhouse style project. The time extension request was reviewed and there were no changes to the Land Development Regulations (LDR) that should now be reviewed against this project. Concurrency in a coastal residential project was not an issue. Good faith effort was proven by numerous 8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM [x. - CITY MANAGER'S REPORT ITEM A Requested City Commission Date Fina] 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 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May ]5, 2006 (Noon) D April] 8, 2006 Apri] 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2, 2006 Apri] ]7,2006 (Noon) D Ju]y 5, 2006 June ]9,2006 (Noon) D May 16, 2006 May],2006 (Noon) D July 18, 2006 Ju]y 3, 2006 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation 0 City Manager's Report ") .illCOMMENDATION: The City of Boynton Beach does not currently encourage small or disadvantaged bus{r!esse~2:::::j to actively participate in contracting opportunities. Staff recommends the Commission authorize establishing ~~ <...j-( formal Small Disadvantaged Business Enterprise Program that will focus on education, outreach and partner~~s. )';', r',) EXPLANATION: A program designed to promote the participation of Small Disadvantaged Business Enterptis-es (SDBEs) in contracting for City goods and services. The program would focus on educating SDBEs in City . contracting activities which in turn would facilitate their participation. SDBE participation information woul,lbe cataloged and this information presented to the City Commission on an annual basis. (See attachment A) ~"1.~~~ The hiring of a professional consulting fIrm with the expertise to evaluate the City of Boynton Beach's ;. ) ."'. purchasing/service needs would be required to formalize a specialized program. Once this evaluation is completed, ." ; l) the consulting fIrm can make recommendations as to which type of minority vendor participation best meets the City's needs. (Note this method may be costly) ".-.! C~, PROGRAM IMPACT: Federal policies actively encourages governmental agencies to give procurement opportunities to SDBEs through programs that are designed to inform, educate and assist small businesses with contracting opportunities within there jurisdictions. This program would only educate and encourage vendor participation and not establish set-asides or give SDBEs special consideration in the bidding process. FISCAL IMPACT: a) An analysis by a professional consultant specializing in Minority Program implementation. Analysis would range in cost from $35,000 - $50,000. b) Depending on consultant report/recommendations - Implementation cost. c) City administration believes any staffIng recommendations can be incorporated within current city personnel without additional staffIng cost. ALTERNATIVES: Ma~nfonnal measu,," u,;ng DemandS'ar and pubUe advertising. Departme City Manager's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~4:p- pa ent Name \==- City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Attachment A Creation of a Minority Vendor Participation Program (Proposed) City of Boynton Beach March 9, 2006 Overview of the City of Boynton Beach's current bid practice: Upon Departmental approval, Procurement Services Division starts the bid process for a particular good or service and that bid is uploaded to Demandstar.com to be nationally advertised along with advertising in the Palm Beach Post. DemandStar's internet bidding system provides equal opportunity to all bidders and allows minority vendors to receive all bid requests related to their business not only from the City but from other governmental entities. This system provides automatic bid notification and instant access to bid information via the Web or fax on demand. Included in all bid packages is a "Minority Owned Business" form. (sample attachment #1). The form identifies the type of minority classification and if the business possesses a certification status, what agency was it certified through. Once the Confirmation of Minority Owned Business form has been completed, it is submitted with the bid proposal for processing. It must be noted that the City does not give special consideration to Minority Owned Businesses. All bids are tabulated and noted if they have minority status. Our policy is to award the bid to the lowest, most responsive, responsible bidder will who met all specifications and would be in the best interest of the City. Currently, the City of Boynton Beach does not catalog or track Minority Owned Businesses submittals. Options: 1) A Full Set-Aside Program: The City of Boynton Beach would set-aside a specific dollar amount or percentage of annual bids to small disadvantaged and woman owed businesses by establishing annual procurement goals. Federal policy actively encourages government agencies to give procurement preference to small disadvantage and woman-owned firms by establishing annual procurement goals, contract set-asides, certifications and technical assistance programs. See attachment #2 "Federal Procurement Fairfax County, VA" which gives a detailed example of a Full Set-Aside Program. **Note of concern: Set-Aside Programs have been challenged in the courts and the full legal ramification of starting a program should be carefully examined by the City's legal council. 2) School Board of Palm Beach County: Diversity and Equitable Utilization in Business Program In 1993 the School Board of Palm Beach County hired MGT of America to conduct a disparity study to analyze utilization of minority and women-owned business enterprises in School District procurement. Two years later the study was accepted by the School Board and it was determined that several areas within the procurement area were discriminatory toward M/WBEs. In 2001, the School Board directed the Superintendent to compile and analyze additional data as may be necessary to develop appropriate programs and procedures in furtherance of and equitable participation by minority-and-women-owned business enterprises, and charged him to bring back a policy that actively promotes diversity and business practices that sets goals for M/WBE participation that are consistent with calculated disparity outlined in the study. Following the recommendations in the disparity study report, the District established the Office of Diversity in Business Practices (ODBP) in 2001 to monitor contracts, bids, and professional services and promote the increased us ofM/WBEs in the Districts procurement process. On December 21, 2001 another consulting firm, Washington & Rice, LLC, was hired to conduct a comprehensive review of the District's M/WBE program and procurement practices, customize and install special software (CHAMP), a comprehensive database and tracking system for use by the Office of Diversity in Business Practices. See attachment #3 "Diversity and Equitable Utilization in Business", which outlines the District's extensive Diversity in Business Program. 3) The creation of a Minority Business Opportunity Program within the City of Boynton Beach: The City of Durham, NC has created through their Department of Equal Opportunity/Equity Assurance, a program designed to promote the participation of Small Disadvantaged Business Enterprises (SDBEs) in City contracting. The responsibilities include implementation of race and gender neutral measures to facilitate the participation of SDBEs, certification, and maintenance of an SDBE data bank, business development, City project compliance, monitoring, and reporting. See attachment #4 "The Department of Equal Opportunity/Equity Assurance", which outlines in detail the City of Durham's complete program. The hiring of a professional consulting firm with the expertise to evaluate the City of Boynton Beach's purchasing/service needs would be required to formalize a specialized program. Once this evaluation is completed, the consulting firm can make recommendations as to which type of minority vendor participation best meets the City's needs. (Note this method may be costly) The City of Boynton Beach contacted neighboring Governmental agency's to find out their methods used to attract minority business. Agencies contacted were the City of Boca Raton, Town of Wellington, School Board ofPBC, Palm Beach County, City of West Palm Beach, City of Delray and City of Lake Worth. The results of the survey are attached. Considerations The Finance Department has contacted the City Attorney's office for the specific legal ramifications concerning the development of some form of Minority Vendor Participation Program and legal has some concerns. The City Attorney has forwarded information concerning specific case law addressing Minority preference in contracting, below is the information received from the City Attorney: The leading case regarding minority preference in contracting is the 1989 United States Supreme Court opinion in City of Richmond v. J.A. Croson Co. The case involved a challenge to the City of Richmond's Minority Business Enterprise (MBE) program. A bidder brought suit challenging city's plan requiring prime contractors awarded city construction contracts to subcontract at least thirty (30%) percent of the dollar amount of each contract to one or more "Minority Business Enterprises." The United States District Court ruled in favor of city but the bidder appealed to the The Court of Appeals, Fourth Circuit, which affirmed the District Court. Certiorari was granted the United States Supreme Court which ultimately held that: (1) city failed to demonstrate compelling governmental interest justifying the plan, and (2) plan was not narrowly tailored to remedy effects of prior discrimination. The Croson case and the cases that have followed address the standards for the use of racial classifications and generally require that to justify set aside programs there has to be a compelling state purpose for the program with a remedy that is narrowly tailored to remedy the prior effects of past discrimination, provided that the City has evidence (distinguished from opinion) that such discrimination has occurred. Such evidence may consist of both statistical proof of discrimination and anecdotal evidence of particular instances of discrimination. Evidence of general societal discrimination or of discrimination by an entire industry in the past is not enough to justify racial classifications. Finding discrimination in one market does not permit an assumption that discrimination exists in all markets nor does finding discrimination against one minority group does not permit an assumption that discrimination exists against all such groups. The proper prima facie test of contract discrimination is whether qualified, willing, and able minority firms are under-utilized statistically by state and local governments or their prime contractors. Based on the current law, the City would need to conduct significant analysis of past discrimination as a condition precedent to establishing a minority preference/award contract process. The study would need to analyze data over many years and generate a comprehensive list of all minority vendors (identified by race, gender, ethnicity, and location of place of business) objectively determined to be "qualified, willing and able" to bid and perform in specific categories of contracts as a prime or sub-contractor; bid data for all contracts; and, payment data for all contract vendors. Attachment #1 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: () AMERICANINDIAN () ASIAN . {) BLACK () HISPANIC () WOMEN () OTHER (specify) () NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 1 Attachment #2 FEDERAL PROCUREMEIT Fairfax g~:y:,!~y ,'" '~ ~, _ ,!", ' :, . h" . '::: ""~ t l' ''!:.. I, 'd'iN"'f " !If ':" J' , ;: ~1 ,~" ~ ., t. , ,." ,~ # '. . ,,_E~~ . '". -:, '." :"3e{:~' . 0' f. Resources for Minority- and Woman-Owned Businesses Each year, the U.S. government buys more than $200 billion in goods and services from the private sector. Purchases are made in nearly every category of commodity and services imaginable. Federal policy actively encourages government agencies to give procurement preference to small, small disadvantaged and woman- owned finns by establishing annual procurement goals, contract set-asides, certifications and technical assistance programs. Many large prime contractors also set aside subcontracting opportunities for such finns. These efforts create distinct marketing advantages and business opportunities for small, minority- and woman-owned finns seeking to do business with the federal government. This report highlights federal programs and resources to help small, minority- and woman~6wned businesses access the federal procure- ment market. For additional infonnation on the federal procure- ment process, contact Karen Smaw, FCEDA's director of small and minority business development, at ksmaw@Jceda.org. FEDERAL PROCUREMENT GOALS In order to ensure that small, minority- and woman-owned finns get their fair share of federal procurement dollars, the Small Business Administration (SBA) negotiates annual procurement goals with each federal agency and reviews each agency's results. Procurement goals are established in terms of percentage of annual expenditures. Government.wide Federal Procurement Contract Award Goals 23 percent of prime contracts for small businesses 5 percent of prime and subcontracts for small disadvantaged businesses 5 percent ofprime and subcontracts for woman-owned busi- nesses 3 percent of prime contracts for HUB Zone small businesses (see page 2) 3 percent of prime and subcontracts for service-disabled vet- eran-owned small businesses For additional infonnation on small business prime and subcontract- ing goals by federal agency, visit wwwsba.gov/gclgoals. FEDERAL PROCUREMENT PROGRAMS FOR MINORITY- AND WOMAN-OWNED BUSINESSES Small Business Under the Small Business Act, federal government agencies may set aside procurements exclusively for small businesses. An- nouncements placed on FedBizOpps (www.FedBizOpps.gov), the federal government's online procurement portal for purchases over ~ FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY 8300 Boone Boulevard, Suite 450, Vienna, Virginia 22182 . Telephone: 703-790-0600 . Fax: 703-893-1269 . URL: www.FairfaxCountyEDA.org $25,000, will indicate those solicitations that have been set aside +f)r small businesses. Set-asides are only made when enough alified small businesses are expected to bid or offer services, III order to ensure adequate competition. The SBA establishes small business size standards, based on employment and/or annual receipts, on an industry-by-industry basis. The standards apply for SBA program participation as well as all other federal government programs and actions where eligibility as a small business is a factor or a consideration. For more detailed information, visit www.sba.gov/sizel Small Disadvantaged Business (SOB) A federal designation, an SDB is a small business that is at least 51 percent owned, controlled and operated by one or more social- ly and/or economically disadvantaged individuals or stockholders. Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identification as members of certain groups. Within the socially disadvantaged classification, economically disad- vantaged individuals are those whose ability to compete in the economy has been impaired due to diminished capital and credit opportunities. Officially designated socially and economically disadvantaged groups include African-Americans, Native Ameri- cans, Hispanic Amerjcans, Asian Pacific-Americans and Asian Indian-Americans. Members of other groups must provide evidence that they are ~onomically and socially disadvantaged. SBA determines e1igi- ity on a case-by-case basis. For more details on SDB defini- tions, visit www.sba.gov/sdb. The following programs can be especially helpful to socially and/or economically disadvantaged business owners: 8(a) Business Development Program This program provides SDBs with technical and manage- ment assistance as well as access to the federal procurement market through sole-source, limited competition contracts and special procurement set-asides. All 8(a) firms must be unconditionally owned and controlled by one or more so- cially and economically disadvantaged individuals who are of good character and U.S. citizens. The 8(a) Program Web site, wwwsba.gov/8abdl, provides more detailed information on 8(a) program eligibility criteria, the application process, other resources and contact information. SOB Certification Businesses receiving small disadvantaged business certifica- tion from the SBA are eligible for special federal contract bidding benefits and set-asides; 8(a) firms automatically qualifY for SDB certification. To receive SDB benefits as a prime contractor, a business must either be SDB-certified or have a completed SDB application pending at the SBA or through a private certifier at the time of its offer. A company may self-certifY as an SDB during the subcontracting process. For more information, visit www.sba.gov/sdb/index.html. Federal agencies are authorized to set aside competitions solely for SDBs. These competitions are announced on FedBizOpps as set-asides for SDBs. An agency may issue solicitations that give up to a 10 percent price evaluation preference to such businesses. Woman-Owned Business A business is defined as woman-owned if it is at least 51 percent owned and controlled by a woman or women who are U.S. citizens. There is no formal woman-owned business certifica- tion program for the federal government procurement process. Instead, firms self-certifY that they are woman-owned. Currently, there are no procurement set-asides for woman-owned businesses. Instead, federal agencies and many prime contractors are required to ensure full participation by women in the federal contracting process through established contracting goals. Federal acquisition regulations also require agencies to actively encourage their prime contractors to use woman-owned small businesses as subcontractors. Many federal agencies have des- ignated a woman-owned business "advocate" to act as a liaison with and provide outreach to woman-owned small businesses. See the Procurement Resources section of this fact sheet for other programs for woman-owned businesses. HUBZone Business SBA's Historically Underutilized Business Zone (HUBZone) Empowerment Contracting Program gives federal contracting preferences to certified small businesses in targeted urban and rural locations. Certification is awarded to small businesses that are owned and controlled by one or more U.S. citizens and have a principal office located in a HUBZone. Additionally, at least 35 percent of a certified firm's employees must reside in a HUB- Zone. Designated HUBZones are located in southeastern Fairfax County along the Richmond Highway Corridor. SBA's HUB- Zone Web site (https://ewebl.sba.gov/hubzone/internet) provides more details on this program. Service-Disabled Veteran-Owned Business A business can claim service-disabled veteran-owned small business status if it is 51 percent owned by one or more ser- vice-disabled veterans, and the management and daily busi- ness operations are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. A service-disabled veteran means a veteran with a disability that is service-connected. There is no formal certification program for service-disabled veterans. A veteran or a service-disabled veteran self-certifies his/her status when he/she responds to a government solicitation. A Defense Department Form 214 and a Veteran's Administra- tion certified letter as to disability can serve as proof of being a service-disabled veteran. For more information, visit www.sba. gov/GC/indexprograms-vets.html or www.vetbiz.gov/dejault2.htm. ~ 2 FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY SUBCONTRACTING: MARKETING TO FEDERAL PRIME CONTRACTORS The Small Business Act requires prime contractors awarded federal contracts valued at $500,000, or over $1 million for con- stnlction projects, to establish plans and goals for subcontract- ing with small, small disadvantaged and woman-owned firms. Prime contractors must submit subcontracting plans to a federal agency's Office of Small and Disadvantaged Business Utiliza- tion, which sets subcontracting percentage and dollar award goals for contracts. Small, small disadvantaged and woman-owned businesses must actively market their capabilities to win subcontracting busi- ness from prime contractors. Tools that assist with this process include: Central Contractor Registry (www.ccr.gov) The Central Contractor Registry (CCR) is the primary vendor database for the federal government. Both current and poten- tial government vendors must register in CCR in order to be awarded federal government contracts. Federal agencies use the CCR to help assemble source lists for upcoming solicitations and procurements. Prime contractors routinely search the CCR to identify potential small business contractors, subcontractors and special-status fh:ms (e.g., 8(a), SDB, HUBZone, woman- owned, etc.) to assemhleteams for upcoming procurement opportunities. FedBizOpps (www.FedBizOpps.gov) FedBizOpps allows small firms to research contract solicitations and awards as well as identify prime contractors to partner with on federal contracts. SUB-Net (http://web.sba.gov/subnet) Prime contractors use SUB-Net to post subcontracting solicita- tions and notices seeking teaming partners and subcontractors for future contracts. Federal agencies, state and local govern- ments, nonprofit organizations, universities and foreign govern- ments also post contracting notices on SUB-Net. SBA Subcontracting Directory (www.sba.gov/GClindexcontacts-sbsd.html) SBA maintains lists, organized by state, of companies seeking subcontracting partners. Individual Agency Subcontracting Directories The Offices of Small and Disadvantaged Business Utilization at many federal agencies maintain subcontracting directories that list prime and subcontractors on agency projects. PROCUREMENT RESOURCES Federal Agency Offices and Specialized Programs SBA Business Opportunities Web site (www.sba.gov/busi- nessop/index.html) provides basic information on the federal procurement process. SBA's Office of Government Contracting (OGe) (www.sba. gov/GC) administers programs and services designed to help small businesses meet various requirements to receive govern- ment contracts, either as prime contractors or subcontractors. The Office for Contract Assistance for Women Business Owners (www.sba.gov/Gc/indexprograms-cawbo.html), located within OGC, provides procurement assistance specifically to woman- owned businesses. Another helpful SBA Web site for women entrepreneurs is www.sba.govijinancing/special/women.html. Offices of Small and Disadvantaged Business Utilization (OSDBU) OSDBUs within federal agencies are responsible for promoting the use of small, small disadvantaged and special-status busi- nesses. They also assist such firms in obtaining agency contracts and subcontracts with agency prime contractors. For a listing of individual agency OSDBUs, visit www.osdbu.govllistofmem- bers. htm. Mentor-Protege Program The Mentor-Protege Program is designed to encourage federal prime contractors to form partnerships and provide technical assistance to SBA-certified small disadvantaged firms, other small disadvantaged businesses, woman-owned small businesses and small businesses owned and controlled by service-disabled veterans. Mentor-protege relationships are designed to enhance the capabilities of proteges and improve their ability to success- fully compete for federal contracts. Individual federal agency mentor-protege programs include those at the Department of Defense (www.acq.osd.mil/sadbul mentor yrotege), the Department of Energy (http://diversity.doe. gov), the Department of the Treasury (www.treas.gov/sba/ment- pro.html) and the SBA (www.sba.gov/8abd/mentorproc.html). Minority Business Development Agency (www.mbda.gov) The Minority Business Development Agency (MBDA), part of the Department of Commerce, offers assistance to minor- ity-owned businesses of any size. The "Contracts" section of MBDA's Web site contains helpful information on government contracting. MBDA also maintains the Phoenix Database of minority suppliers. Suppliers enrolled in the Phoenix database receive notices and free referrals on federal and non-federal business opportunities via e-mail and fax. The Procurement Technical Assistance Program (www.gmu. edu/gmu/ptap) Funded by the Defense Logistics Agency and George Mason University, the Procurement Technical Assistance Program (PTAP) seeks to increase contracting activity between small businesses, prime contractors and the government. Services offered by PTAP include marketing, technical consulting and training on government procurement processes. > FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY 3 Additional Resources and Web Sites Center for Veterans Enterprise--VetBiz (www.vetbiz.gov/de- 2.htm) VetBiz provides information on programs and resources for veteran and service-disabled veteran-owned businesses. Such businesses can register on the new VetBiz Vendor Information Page (vvww.vetbiz.gov/vip/vip.htm) maintained by the Department of Veterans Affairs. Hispanic Business Federal Procurement Guide (www.hispanicbusiness.com/federalguide/procurement) The Hispanic Business Federal Procurement Guide provides infor- mation on 8(a) certification, procurement contacts within federal agencies, grant information, and current articles and market intel- ligence on federal procurement. National Association of Women Business Owners-Northern Virginia (www. nawbonova. org) Northern Virginia NA WBO's Government Special Interest Group meets the second Tuesday of every other month and addresses gov- ernment procurement issues impacting woman-owned businesses. National Minority Supplier Development Council, Inc. (NMSDC) (www.nmsdcus.org) The NMSDC provides a- variety of services designed to increase procurement and business opportunities for minority businesses. The NMSDC network includes 3,500 corporate members, includ- ing most of the nation's largest publicly owned, privately owned and foreign-owned companies, as well as universities, hospitals and other buying institutions. Regional councils certifY and match minority-owned businesses with member corporations purchasing goods and services. The Virginia Regional Minority Supplier De- velopment Council (www.vmsdc.org) serves the northern Virginia area. Online Women's Business Center-Government Contracting Page (www.onlinewbc.gov) The Online Women's Business Center provides many useful links to various programs and publications. WomenBiz.gov (WWw. womenbiz.gov) WomenBiz.gov is an online gateway for woman-owned businesses seeking to do business with the federal government. It provides information on federal government procurement programs that help woman- and minority-owned businesses win contracts; agency pro- curement contact information; and tips on how to research, identifY and target federal procurement markets. Women's Business Center of Northern Virginia (www.wbcnova.org) The Women's Business Center of Northern Virginia provides coun- seling and training in financing, management, procurement and marketing at minimal cost to clients. March 2006 FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY 8300 Boone Boulevard, Suite 450. Vienna, Virginia 22182 . Telephone: 703-790-0600 . Fax: 703-893-1269 . URL: www.FairfaxCountyEDA.org 1'"1" LJJ.\'~_.I.1."-LJJ...J..J. r\..1~-L..I L,-<Ull.r-\...LJ'L_L':'- U1ILl.L....-r\..1.1VJ'lJl'l DU011'lL00 ragt: 1 01 1,,) School Board Policy 6Gx50-6.143 Attachment i/3 DIVERSITY AND EQUITABLE UTILIZATION IN BUSINESS 1. Factual Predicate and Purpose a. In September 1993, the School Board of Palm Beach County hired MGT of America, a Tallahassee consulting firm, to conduct a disparity study to analyze utilization of minority- and women-owned business enterprises (M/WBEs) in School District procurement. The disparity study was accepted by the School Board on April 5, 1995. b. The study was designed to address four major issues: Whether there is a disparity in the utilization of M/WBEs in the District's procurement program; whether any such disparity is the product or result of past discrimination or other factors related to race- or gender-based discrimination; whether such disparity could be effectively ameliorated through race- and gender-neutral programs; and if the appropriate remedy was a race- or gender-conscious program, how the program should be narrowly tailored to remedy the current effects of past discrimination and conform to constitutional guidelines. c. The 1995 study concluded that market area industry practices in construction, construction support services, professional services, and commodities and services were discriminatory toward M/WBEs and that the School District had been a passive participant in discrimination against M/WBEs. d. Since 1995, the School District has employed several race- and gender-neutral methods in an effort to eliminate disparities in the utilization of M/WBE firms, such as: bond waivers, contract de-bundling, contractual prohibitions against discrimination, advertisements in minority media; outreach activities by the District; and agency networking and trade fair activities. e. Incorporating recommendations in the disparity study report, the Department of Equity Assurance prepared Policy 6.146A and Procedures Manual 6.146B, approved by the School Board in February 1996 with a Sunset date of September 30, 2005. These policies were later amended to sunset on June 6, 2001. f. On August 6, 2001, the School Board adopted Policy 6.142, directing "the Superintendent to compile and analyze additional data as may be necessary to develop appropriate programs and procedures" in furtherance of and equitable participation by minority-and-women-owned business enterprises (M/WBEs), and "that the Superintendent will bring back a policy that actively promotes diversity and business practices that sets goals for M/WBE participation that are consistent with the calculated disparity above." g. The administration in the Office of Equity Assurance transitioned to a focus on M/WBE participation, and the Board established the Office of Diversity in Business Practices (ODBP) in August of 2001 to monitor all contracts, bids, and professional services and promote the increased use of M/WBEs in the District's procurement process. h. On December 12,2001, Washington & Rice, LLC, was hired to conduct a comprehensive review of the District's M/WBE program and procurement practices, customize and install the CHAMP software, a comprehensive database and tracking system for use by the ODBP. i. In June 2004, the School District commissioned D. J. Miller & Associates, Inc. (DJMA) to conduct a Causation and Anecdotal Study (DJMA Study) to examine School District procurement practices, to examine the existence of any disparities in market outcomes in the utilization of ready, willing, and able minority- and women-owned businesses on District contracts, to determine possible causes for any such disparities and whether there is an compelling government interest to utilize race/gender-conscious means to remedy ongoing effects of marketplace discrimination upon the School Districts contracting. Additionally, the DJMA Study sought to recommend narrowly tailored remedies to any identified barriers to equitable participation of minority- and women-owned businesses (M/WBEs) in School District contracts that are consistent with applicable law. Based largely upon its review of the DJMA Study results and previously gathered evidence, the School Board has made the following significant findings: i. Within the relevant geographic market (consisting of the Palm Beach County, Ft. Lauderdale, and Miami- Dade County, FL MSAs), there are statistically significant disparities in the utilization of ready, willing, and able minority- and women-owned business in the following categories of contracts and business owners: A. Construction (African American owned firms) B. Non-professional Services (Hispanic American owned firms) //www n::Jlmhp.::Jrh kl? f1 Jls/nolirip.s/fi 141.htm 1') /1 Qf'){){), ..l-'--' ..L...-'..&- ,u.......................,......... ...... ...................., .J...J'<. '-'..&-...I...L .L.L.J~~ '-' ...I.. ..&-~.....L...I.L ........ ..l.'-.J.J.' .....J., -J....I' '-" 1o..J'..l..J. "~I>....II>....I ~ u6"" ~ V.1. .1.-1 C. Professional Services (African American, Hispanic American, Native American, and Women owned firms) D. General Procurement (Asian American and Native American owned firms) ii. These significant disparities establish an inference of discrimination that is adversely affecting the Palm Beach County School District's utilization of ready, willing, and able minority- and women-owned firms. iii. These inferences of discrimination were further supported by other strong and compelling evidence for the relevant time period including, but not limited to, the following examples: A. White male-owned firms received the overwhelming majority of the County's construction building permits in the public sector for prime contracts (98.54%) and for subcontracts (94.81 %). B. White male-owned firms received an even larger overwhelming majority of the County's construction building permits for private sector prime contracts (99.41%) and subcontracts (97.75%). This significant private sector disparity in the relevant market was further confirmed by findings derived from Reed Construction data that reflect MIWBEs received only 6.81 % of public sector construction dollars, and 5.17% of the private sector construction dollars. C. Interviews with District purchasing staff and MIWBE firms identified a number of discriminatory barriers affecting the relevant market including unequal access to bonding, finance, and insurance; unfair denials of opportunities to bid; unfair denial of contract awards; "good old boy" networks; double standards in performance; jobsite harassment; and false reporting of MIWBE contract participation to avoid utilization of legitimate MIWBE firms. D. The implementation of a broad array of race- and gender-neutral assistance efforts and programs throughout the relevant market over the past decade have been unsuccessful in eliminating these persistent and significant disparities in the District's utilization of ready, willing, and able MIWBE firms. (See DJMA Study, pp. VII-1 to VII-20). These race- and gender-neutral efforts have included small business programs, technical assistance, loan guarantee assistance, bonding assistance, business development assistance, financing assistance, matchmaking sessions, and mentor-protege programs. E. Based upon comparisons of the ranking of bids obtained through an analysis of Reed Elsevier Construction Data, MIWBE contractors are as competitive as their white male counterparts. However, the MIWBE bidding rate is nearly three times as great in the public sector as it is in the private sector, and MIWBEs receive a significantly lower percentage of contract dollars in the private sector. (See DJMA Study pp. VIII-22 to VIII-33). Yet, a significant disparity in the utilization of African American construction firms by the School District persists. j. Based upon the totality of the evidence gathered and presented to the Board since 1995, the Board has concluded that there is a strong basis in evidence establishing that the School District has a compelling interest to remedy the ongoing effects of discrimination that is occurring in the broader relevant market and adversely affecting the District's utilization of ready, willing, and able minority- and women-owned firms in District contracts. The Board has further concluded that it needs to take action to avoid becoming a passive participant in private sector discrimination. k. The Board has further concluded that race- and gender-neutral remedies, in and of themselves, are likely to be insufficient to eliminate the effects of the identified forms of discrimination, and that a narrowly tailored combination of race- and gender-neutral and race- and gender-conscious remedies is warranted. Policy Direction a. The School District shall resort to the use of race- and gender-conscious means for addressing disparities only when it is apparent that the use of neutral means alone will likely be insufficient to remedy the effects of identified discrimination. b. Having found that it has a compelling governmental interest to remedy the effects of identified discrimination in District procurement and contracting, the School Board directs the Superintendent to establish procedures to implement remedies that are consistent with this Policy and that are narrowly tailored to the findings and conclusions of the DJMA Study ://www.pa-lmbeach.k12.fl.us/oolicies/6143.htm 1 ? /1 Q/?()()""i ..l '_' J.--'~ '.~__"""~_ _ ~ __,~ .A--J-.....c.. "-'~.~.' ",,-~.a.......o~ ....... i .&-""--'-'"..&->"-.&."'- .L..........-'-' i..o.' ~,---,"-'i..o. '~'-J"-' ~ ~b~ ~ ~, ,~ c. It is the policy of the Board to take all necessary, reasonable, and legal action to prevent discrimination and to ensure that all businesses, including M/WBEs, are afforded the maximum equitable opportunity to participate in the District's purchasing process. d. This Policy shall apply to the solicitation of all goods, services, and construction contracts procured in accordanc with the Palm Beach County School Board policies, Florida Statutes, and Department of Education (DOE) rules. The District's procurement processes shall promote diversity and equitable utilization of M/WBEs; and such solicitation processes shall be used, whenever possible, even for those goods and services which are exempt from competitive procurement under State Board of Education Rule 6A-1.012. e. The Superintendent shall take all necessary and reasonable steps permissible by law to ensure full equitable participation by M/WBEs in the procurement of goods and services for the District school system. As a minimum, those steps shall include: i. developing programs and procedures as described herein that will achieve the School Board's diversity objectives in business practices in a manner that is consistent with this Policy; ii. establishing a commercial non-discrimination policy that ensures that companies doing business with the School Board do not discriminate in the solicitation, selection, or treatment of subcontractors, suppliers, vendors, or commercial customers on the basis of race, color, sex or national origin; iii. ensuring that the ODBP is included on all selection committees for bids, contracts and professional services. The ODBP shall review contract specifications to ensure that they are not unnecessarily restrictive to the availability and the participation of Small Business Enterprises (SBEs) and M/WBE firms in the procurement and contracting process; iv. establishing an evaluation system whereby all School District employees who are responsible for the procurement of goods and services are knowledgeable about the District's goals in achieving diversity and evaluated on their job performance regarding implementation of this Policy; v. ensuring that all senior-level staff performance evaluations include an indicator for SBE and M/WBE diversit) objectives for procurement; and vi. evaluating the levels of availability and utilization in SBE and M/WBE participation through the establishment and use of a centralized bidder registration system, and adjusting the implementation of policy accordingly to account for changing needs and circumstances and to ensure that appropriate utilization objectives are established and achieved. l. Definitions.-- As used in this Policy, the terms below have the following meanings: a. Agency.-- The School Board of Palm Beach County. b. Availability.-- The percentage of ready, willing and able business firms that are minority- and/or women-owned and seek to provide goods and services to the School District. c. Award Amount.-- The award amount is the dollar value of the contract when awarded. d. Board.- The School Board of Palm Beach County, which is the legal entity with authority to enter contracts on behalf of the District school system under Fla. Stat. ~ 1001.41(4). e. Business.-- Any for-profit corporation, partnership, sole proprietorship, joint stock company, joint venture, or any other private legal entity. f. Certification.-- The process by which the ODBP determines that a business meets the criteria for classification as a small, minority, or woman business enterprise. g. Centralized Bidder Registration System.-- A computer-based management information system designed to manage the contract compliance process. It is a software solution designed to develop and monitor narrowly tailored M/WBE programs by integrating with existing School District financial and contract systems for the purpose of tracking all aspects of the contract sequence process: vendor information, contract information, solicitation/award information, '//UlUTUT n!'l-lmhp!lr.h Jd? f1 JI.<;/nolic.jp.s/fl 14:1.htm 12J19J2()()S ~,,'~ ~~ . ~~~~~~ ~ . u,~ ~'< ~~.. ~__ ~ _._._. ...~.. ~., _~~u ._~_ invoice, and payment information. .-0- . -..- h. Construction.-- The process, usually requiring the professional services of an architect and/or engineer, of building, altering, repairing, improving, or demolishing any structure or building, or other improvements of any kind to any real property as determined by the Director of Purchasing. i. Contract.-- (1) A written agreement between two or more competent parties to perform or not perform a specific act or acts; and (2) any type of agreement regardless of what it is called for the procurement or disposal of supplies, services, or construction. j. Contractor.-- A separate and distinguishable business entity participating or seeking to participate in the performance of a contract. k. Controlled.-- For the purpose of determining whether a business is a minority or women business enterprise, "controlled by" shall mean that the minority/ies, the woman, or combination of minorities and women, as the context requires, shall (1) possess legal authority and power to manage business assets, good will and daily operations of the business; and (2) actively and continuously exercise such authority and power in determining the poliCies and directing the operations of the business, knowledge and technical expertise in the business endeavor, licensed to perform the business or trade, and the lack of external influence over the day-to-day operations or decision-making process by any entity (with the exception of franchise operations). I. Compliance.-- The level of performance at which the School District and the Prime Contractor utilizes vendors in meeting diversity objectives. m. Discriminate.- To treat an individual or group differently solely on the basis of race, religion, color, sex, national origin, age, handicap, ancestry or disabled veteran status. n. Debarment.-- The exclusion of a vendor or contractor, for cause, from bidding and/or doing business with the School Board. o. District.-- The School District of Palm Beach County, its individual and collective departments, managers, staff and facilities. p. Disability.-- A physical or mental impairment that substantially limits one or more of an individual's major life activities. q. DOE.-- Department of Education, an executive-branch department of the State of Florida, which is tasked with recommending education-related policy to the Governor, State Board of Education, and state Legislature, and oversees local school districts' adherence to state requirements. r. DOE or State Board of Education Rules.-- Legislatively-mandated policies as established by the Department of Education or State Board of Education for governmental and operational facilities for personnel and administration, including State Board of Education Rule 6A-1.012, "Purchasing Policies." s. Front.-- A business which purports to be a M/WBE for purposes of obtaining District contracts, but which is actually owned, controlled, and/or operated in a manner that is inconsistent with the performance of a commercially useful function and that does not comply with the District's requirements for M/WBE certification. t. Goals (Annual Diversity Goals).-- A percentage of total contract dollar volume, on an annual basis, for the participation of minority and women-owned businesses in the District's procurement, professional services and construction contracts. u. Industry Categories.-- Construction, professional services, non-professional services, commodity procurement, manufacturing, wholesale, and retail, v. Joint Venture.-- An association of two or more persons or businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge. Joint ventures must be established by written agreement. w. Minority.- a "minority" or "minority person" means a lawful, permanent resident of Florida who is: :/ /www.palmbeach.k12.f1.us/policies/6143.htm 12/19/2005 ~.~ .-.- -----..~~ -~ --_.~ ----"""<-------~_._-~-- ~-~_..~---_.~~~~. ~_. ~~--_.~--- - --0- - i. an "African American," a person having origins in any of the racial groups of the African Diaspora; ii. a "Hispanic American," a person of Spanish or Portuguese culture with origins in Mexico, Central or South America, or the Caribbean, regardless of race; iii. an "Asian American," a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian Islands prior to 1778; iv. a "Native American," a person who is a member of or is eligible to be a member of a federally recognized Indian tribe. A "federally recognized Indian tribe" means an Indian tribe, band, nation, rancheria, pueblo, colony, or other organized group or community, including any Alaska native village, which recognized by the Secretary of the Interior on October 1, 1985, as having special rights and is recognized as eligible for the services provided by the United States to Indians because of their status as Indians, and any tribe that has a pending application for federal recognition on October 1, 1985, as having special rights and is recognized as eligible for the services provided by the United Sates to Indians because of their status as Indians, and any tribe that has a pending application for federal recognition on October 1, 1985; or v. an American woman. x. M/WBE.-- A minority-owned business enterprise or a women-owned business enterprise or a designated combination of minority- and woman-owned business enterprise in a specified industry that: i. employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than five million dollars ($5 million) or any firm based in this state which has a Small Business Administration 8(a) certification (and as applicable to sole proprietorships, the $5 million net worth reqljirement shall include both personal and business investments); and ii. has at least 51 % minority ownership, daily management, and control of the business; and iii. is domiciled in the Palm Beach County, Miami-Dade County, or Ft. Lauderdale metropolitan statistical area (MSA), or is domiciled in the State of Florida and can demonstrate that it routinely bids on and/or performs contracts in Palm Beach County; and iv. is lawfully organized to engage in commercial transactions. However, ownership by a minority person does not include ownership resulting from a transfer from a non-minority person to a minority person within a related immediate family group if the combined total net .asset value of all members of such family group exceeds one million dollars ($1 million). For purposes of this definition, the term "related immediate family group" means one or more children under sixteen (16) years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. The Superintendent shall implement procedures for periodic re-certification and graduation of M/WBEs from M/WBE program eligibility. y. NIGP (National Institute of Governmental Purchasing).- Standards used to classify business enterprises by industry codes. z. Owned.-- For the purposes of determining whether a business is a minority or woman business enterprise, shall mean that the minority/ies or woman(en), as the context requires, shall possess an ownership interest of a minimum of 51 %. aa. Preferential Programs.-- The preference extended for diversity participation in the ranking of responsive bidders and the bid preference procedures under this Policy. It also means the maximum point allocation for professional service contract award evaluations. bb. Prime Contractor.-- Any person or business entity that has a contract with the School Board to provide specific construction services, sales, supplies, materials, professional services, labor and/or equipment. cc. Professional Services.-- Any narrow discipline wherein a known practitioner has through education and experience developed expert advisory and programming skills as a vocation; any service performed primarily by vocational personnel which requires the analysis or certification of a professional before the services are acceptable to the user of the service; or any other advisory study, or programming activity where the School District's Director of Purchasing determines that the level of skills and/or creativity of the potential or known practitioner(s) warrant ://www.palmbeach.k12.fl.us/policies/6143.htm 12/19/200':; lLf.J Ul.""'L.1.'-.uJ..l.1. f"l..l.~lJ L'l..LJJ.J.rl....l.....P..l...J..l...J \...J~.J...1....J~~.c1...J..~'-'J.., .J..J.'" -1....I'\.....IU.LJ..,.LJUU ~-o- - -~~- utilizing a request for proposals, request for information, or similar solicitation process other than the competitive bid or quotation process. dd. Project Goals.-- Contract-specific goals expressed as percentages of the total contract dollar volume that are anticipated by the District for subcontract participation by Small Business Enterprise firms or M/WBE firms based upon relative availability in the relevant industry. ee. Proposal.-- An executed formal document submitted by an offeror to the purchasing agent stating the goods and/or services offered to satisfy the need as requested in the Request for Proposal or Request for Information. ff. Procurement.-- Buying, purchasing, renting, leasing or otherwise acquiring any goods and/or services for public purposes in accordance with the law, rules, regulations and procedures intended to provide for the economic expenditure of public funds. For the purpose of this Policy, procurement refers to those goods and/or services, except professional services, solicited by the Purchasing Department pursuant to Department of Education requirements and Policy 6.14. gg. Ready, Willing, and Able.-- Any vendor(s), who has registered an interest in doing business with the School District, and has the technical expertise, training, and licenses to perform in accordance to the contract document. hh. Relevant Market Place.-- The geographical area in which the majority of the School District's suppliers, vendors, and / or contractors are located. ii. Small Business Enterprise (SBE) - Any business firm that is certified by the District as having average annual gross sales and an average number of full-time employees over the last three years that are less than fifty percent (50%) of the small business size standards as most recently defined by the U. S. Small Business Administration for the business firrn's relevant industry. In addition, to be eligible as an SBE for bidding purposes, a business firm must have received less than one million dollars ($1 million) in contract payments from District projects or contracts in the fiscal year preceding the bid, The Superintendent shall establish procedures for periodic re-certification and graduation of SBE firms from SBE program eligibility. ll. Subcontractor.-- Any person providing goods and/or services to a prime contractor for profit, if such goods and/or services are procured or used in fulfillment of the prime contractor's obligations arising from a contract with the School District of Palm Beach County. kk. Diversity Directory.-- A compilation of certified SBEs and M/WBEs, which is retained and published by the ODBP and made available to contractor(s) or vendor(s) for use in identifying subcontractors, material suppliers, etc. II. Underutilization.- A level of contract participation by a group of businesses (e.g., M/WBEs) that is at least two standard deviations below their relative availability in a given an industry code. mm. WBE.-- Woman-owned, controlled, and operated business enterprises (which have at least 51 % female ownership, management, and control of the business). nn. Goa/s.-- The annual or contract-specific goals for contract participation that express the anticipated level or proportion of contract dollars in a given time frame that would be expected to be received by a particular segment of the total population of Ready, Willing, and Able (RWA) firms. RWA firms are defined as those firms that are ready and able to sell goods or services that the School District buys, and that have registered their interest in doing business with the School District. Such goals are based upon availability analysis derived from a database established through the implementation of a mandatory and automated centralized bidder registration system. Upon completion of availability analysis, such goals for contract participation may, under certain circumstances, be set and narrowly tailored by race, gender, and industry codes. Annual goals are intended as an administrative guide only to assist the District in its annual policy review to determine whether the use of more aggressive or less aggressive remedies are warranted in the future. Annual goals shall not be routinely applied to specific contracts absent independent availability analysis that demonstrates they are appropriate for application to a specific contract. :>curement Process.- The Board hereby directs the Superintendent to implement the following race- and gender- "eutral measures and procurement procedures to provide fairer access to District contracts: a. Establishment of a Procurement Policy Work Group to examine and propose modifications to the District's procurement processes and practices, including a thorough review of policies and practices affecting small dollar purchases, the use of blanket purchase orders, contract-bundling, the merits of centralized vs. de-centralized '/lwwwn~lmhp~l(~h lr1? tl n<:/nol1f':lp<:/fl 1.::11 htm 1 ? 11 Q/?{){)" ------ - ---.~- ~"<.---------- - --.------------. --- ----- ----~- purchasing and its effects on M/WBE utilization, the uniformity (or lack thereof) in the standards applied in the development of contract specifications, the utilization of construction managers at risk, and any other policies and practices that may adversely affect the utilization of small, minority, and women-owned firms on District contracts. b. Establishment of a Commercial Non-Discrimination Policy, to be proposed for Board approval, which provides: (a) clear policy statement against discrimination in business on the basis of race, gender, religion, national origin, ethnicity, age, or disability; (b) a prohibition against the District entering into contracts with business firms that discriminate in the solicitation, selection, or treatment of vendors, suppliers, subcontractors, or commercial customers; (c) a formal complaint process and investigation process for alleged violations of this policy; and (d) due process for hearing evidence, rendering findings, and imposing sanctions against business firms and District employees that violate this Policy, in coordination with any applicable collective bargaining procedures. c. Establishment of an automated and mandatory Centralized Bidder Registration system for all firms that are interested in selling goods or services to the District. This Centralized Bidder Registration system should be a computer-based management information system designed to manage the contract compliance process. It should enable targeted e-mail solicitation of prospective bidders of relevant bid opportunities. The Centralized Bidder Registration system should also facilitate the collection of data that is necessary for the development and monitoring of narrowly tailored SBE and M/WBE programs. In doing so, it should also interface with existing School District financial and contract systems for the purpose of tracking all aspects of the contract sequence process: vendor information, contract information, solicitation/award information, invoice, and payment information. All bidders, regardless of ownership type, shall be required to register on this system prior to submitting a bid, receiving a contract award, or submitting an invoice for payment to the School District. d. Establishment of business development assistance initiatives such as the use of bond waivers for contracts up to $200,000 in value; prohibition against prime contractors' requirements for bonds from subcontractors on District contracts; wrap-up insurance plans; financial assistance programs for SBEs (e.g., loan initiatives, revolving working capital fund,contract financing, and public venture capital funds); mentor-protege programs; and a one-stop referral system for firms in need of technical assistance resources. e. Establishment of a procedure for bid de-briefing for losing bidders on District contracts. f. Establishment of a linked deposit program to encourage financial institutions that hold District funds to improve capital access and loan availability for SBEs and M/WBEs. g. Establishment of a procedure for ODBP to preview proposed contract bids in advance of their public dissemination to suggest ways in which contracts may be de-bundled or segmented into smaller segments to provide for greater competition and opportunities for greater prime contract participation by SBE and M/WBE firms. h. Establishment of a Prompt Payment Policy that requires that every contract let by the School Board for the performance of work shall contain a provision requiring the prime contractor to certify in writing with the submission of its invoices to the District that all subcontractors, subconsultants, and suppliers have been paid for satisfactorily delivered work and materials from previous progress payments received, less any retainage, by the prime contractor. During the term of the contract and upon the completion of the contract, the District shall request documentation to certify payment to subcontractors, subconsultants, or suppliers. Failure to comply with this policy or to provide this required documentation shall constitute a material breach of contract. Such failure shall also preclude the prime contractor from further receipt of progress payments from the District until such delinquent payments to subcontractors, subconsultants, and suppliers are made. This provision in no way creates any contractual relationship between any subcontractor, subconsultant, or supplier and the District or any liability on the District for the contractor's failure to make timely payment to the subcontractor, subconsultant, or supplier. I. Industry Specific Remedial Programs.- The Board hereby directs the Superintendent to develop and implement remedial programs for the purpose of eliminating the disparities in M/WBE contract participation in District contracts caused by discrimination. The following array of industry-specific programs are to be established and implemented in a narrowly tailored manner consistent with the factual predicate and consistent with the terms of this Policy: a. Construction Programs i. A Small Business Enterprise Program permitting the use of set asides of small prime contracts that are below competitive bidding dollar thresholds for bidding exclusively among certified SBE firms, and also establishing mandatory subcontracting goals for the participation of certified SBE subcontractors on those construction contracts that are above the competitive bidding threshold and that have commercially useful subcontract opportunities. ://www.oalmheach.k12.fl.us/oolicies/6143.htm ''In ql'2()()S ..l. --y...." J..J'..L- ~ -..-.... ....--- ~ ~ ~ --.-- .-- x -.....- - - -- - - ----- - - - - - . -- . - - - -- ,- ---- ii. An Internal Matchmaking Program for SBE and M/WBE construction contractors wherein the Program Management Department shall review bids for viable opportunities for SBE and M/WBE participation and then inform SBE and M/WBE firms of those specific opportunities that they are likely to be interested in. The District shall establish mechanisms to ensure timely notification of SBEs and M/WBEs of such opportunities and shall also establish an open door policy to permit SBE and M/WBEs to dialogue with and market themselves directly to appropriate District construction personnel. iii. An External Matchmaking Program for SBE and M/WBE construction contractors wherein ODBP shall sponsor matchmaking sessions between prime contractors and SBE and M/WBE subcontractors to occur simultaneously with public release of contract forecasts to provide the maximum opportunity for SBE and M/WBE collaboration with non-minority firms. The Program Management Department and its construction managers should be actively involved in the process. iv. A Minority Business Enterprise Program establishing bid preferences on certain construction contracts on behalf of certified M/WBE African American-owned construction firms including the use of contract-specific subcontracting goals on selected contracts with genuine opportunities for commercially useful subcontracting as described herein under Section 8 of this Policy. b. Non-professional Services Programs i. A Small Business Enterprise Program permitting the use of set asides of small prime contracts that are below competitive bidding dollar thresholds for bidding exclusively among certified SBE firms, and also establishing mandatory subcontracting goals for the participation of certified SBE subcontractors on those non- professional services contracts that are above the competitive bidding threshold and that have commercially useful subcontract opportunities. ii. An Internal Matchmaking Program for SBE and M/WBE non-professional services firms wherein the Purchasing Department shall review bids for viable opportunities for SBE and M/WBE participation and then inform SBE and M/WBE firms of those specific opportunities that they are likely to be interested in. The District shall establish mechanisms to ensure timely notification of SBEs and M/WBEs of such opportunities and shall also establish an open door policy to permit SBE and M/WBEs to dialogue with and market themselves directly to appropriate District procurement personnel. Hi. An External Matchmaking Program for SBE and M/WBE non-professional services firms wherein the ODBP shall sponsor matchmaking sessions between prime contractors and SBE and M/WBE subcontractors and joint venture partners to occur simultaneously with public release of contract forecasts to provide the maximum opportunity for SBE and M/WBE collaboration with non-minority firms. The Purchasing Department purchasing agents and managers should be actively involved in the process. iv. A Minority I Women Business Enterprise Program permitting the use of set asides of small prime contracts that are below competitive bidding dollar thresholds for bidding exclusively among certified M/WBE firms that are owned by Hispanic Americans, and also establishing contract-specific subcontracting goals for the participation of certified M/WBE subcontractors on those non-professional services contracts that are above the competitive bidding threshold and that have commercially useful subcontract opportunities. c. Professional Services Programs i. A Small Business Enterprise Program to establish bid preferences, joint venture incentives, and evaluation preferences on behalf of certified SBE firms as described hereunder in Section 8 of this Policy. ii. An Internal Matchmaking Program for SBE and M/WBE professional services firms wherein the Program Management Department and the Purchasing Department shall review bids for viable opportunities for SBE and M/WBE participation and then inform SBE and M/WBE firms of those specific opportunities that they are likely to be interested in. The District shall establish mechanisms to ensure timely notification of SBEs and M/WBEs of such opportunities and shall also establish an open door policy to permit SBE and M/WBEs to dialogue with and market themselves directly to appropriate District engineering, architectural design, and procurement personnel. Hi. An External Matchmaking Program for SBE and M/WBE professional services firms wherein the ODBP shall sponsor matchmaking sessions between prime contractors and SBE and M/WBE subcontractors and joint venture partners to occur simultaneously with public release of contract forecasts to provide the maximum opportunity for SBE and M/WBE collaboration with non-minority firms. The Purchasing Department >://www.oalmbeach.k12.f1.us/oolicies/6143.htm 12/19/2005 43 DIVERSITY AND EQUllABLh U llLlLAllUI~ U"" DU011'H-,OO purchasing agents and managers should be actively involved in the process. iv. A Minority I Women Business Enterprise Program permitting the use of bid preferences. joint venture incentives, and evaluation preferences among certified M/WBE firms that are owned by African Americans, Hispanic Americans, Native Americans, and Women and also establishing contract-specific subcontractin( goals for the participation of certified M/WBE subcontractors on those professional services contracts that arb above the competitive bidding threshold and that have commercially useful subcontract opportunities. d. General Procurement Programs i. A Small Business Enterprise Program permitting the use of set asides of small prime contracts that are below the competitive bidding dollar thresholds for bidding exclusively among certified SBE firms, and also establishing mandatory subcontracting goals for the participation of certified SBE subcontractors on those general procurement contracts that are above the competitive bidding threshold and that have commercially useful subcontract opportunities as described hereunder in Section 8 of this Policy. ii. An Internal Matchmaking Program for SBE and M/WBE general procurement firms wherein the Purchasing Department shall review bids for viable opportunities for SBE and M/WBE participation and then inform SBE and M/WBE firms of those specific opportunities that they are likely to be interested in. The District shall establish mechanisms to ensure timely notification of SBEs and M/WBEs of such opportunities and shall also establish an open door policy to permit SBE and M/WBEs to dialogue with and market themselves directly to appropriate District procurement personnel. iii. An External Matchmaking Program for SBE and M/WBE general procurement firms wherein the ODBP shall sponsor match making sessions between prime contractors and SBE and M/WBE subcontractors and joint venture partners to occur simultaneously with public release of contract forecasts to provide the maximum opportunity for SBE and M/WBE collaboration with non-minority firms. The Purchasing Department purchasing agents and managers should be actively involved in the process. iv. A Minority I Women Business Enterprise Program permitting the use of set asides of small prime contracts that are below competitive bidding dollar thresholds for bidding exclusively among certified M/WBE firms th: are owned by Asian Americans and Native Americans, and also establishing contract-specific subcontractin~ goals for the participation of certified M/WBE subcontractors on those general procurement contracts that are above the competitive bidding threshold and that have commercially useful subcontract opportunities. 6. Administration.- The Board hereby directs the Superintendent to adopt procedures to ensure that the ODBP will periodically conduct the following kinds of analyses using data captured by an automated mandatory centralized bidder registration system as described in this policy:. a. Availability Analysis i. Overall Availability.-- The measure of overall availability is based on all the vendors and contractors that register in the automated and mandatory centralized bidder registration system. Such availability measurements shall be segmented according to the proportion of business ownership by race, gender, and size within certain NIGP or North American Industrial Classification System (NAICS) or comparable industry codes. ii. SBE Availability.- The proportion of overall availability of the ready, willing, and able (RWA) vendors that are certified as Small Business Enterprise (SBE) firms within the SBE program, categorized by industry codes and relevant markets.. iii. M/WBE Availability.-- The proportion of overall availability of the ready, willing, and able (RWA) vendors that are certified within the M/WBE program, categorized by race, gender, industry codes, and relevant market. iv. Race-Neutral SBE Contract Goals.-- Availability analysis shall be used to set contract participation goals on an annual basis and on a contract-specific basis.. The contract participation goals shall be set based on thr relevant measures of SBE availability as compared to all RWA vendors within the specific industry code of t: contract in the relevant market. v. M/WBE Contract Goals.- Availability analysis shall be used whenever setting contract participation goals on an annual basis or on a contract-specific basis. The contract participation goals shall be set based on the 1 -,. ., f"\ n _~......I___l';~':..........IC. 111'2 "ht-rYl 12/1912005 .L-l-'~.A.-""'--~""'''''' ~-~,--- -X-..........---- ------------.-- - - ~ relevant measures of M/WBE availability as compared to all RWA vendors within the specific industry code of the contract in the relevant market. In setting such goals, the Superintendent shall consider adoption of procedures based upon DJMA's recommendations for Algorithm Target Methodology (ATM) or Benchmarking (see pages IX-20 through IX-24 of the DJMA Study). b. Utilization Analysis.-- The utilization analysis shall be based on the total dollar amount paid in a given period, such as a year, to the vendors and contractors that were registered in the automated and mandatory centralized bidder registration system This analysis reflects the proportion of contract dollars that are spent, by industry code, and within SBE or M/WBE vendor categories, as compared to the total contract dollars spent with the overall vendor population within those industries. c. Disparity Analysis i. This disparity analysis shall be based on the 80% statistical significance rule adopted under Croson v. Richmond, which is defined as two standard deviations between utilization and availability. Utilization of RWA M/WBE firms that is 80% or less of the level of availability of M/WBE firms in a particular market is considered statistically significant under-utilization. Utilization of that is above 100% of the level of availability is considered over-utilization. ii. Statistically significant underutilization creates an inference of discrimination, and in combination with other factors, permits consideration of the use of narrowly tailored race- and gender-conscious remedies to ameliorate the effects of such discrimination. d. Remedy Analysis i. Ifd,isparity is shown in the disparity analysis above, the District shall review the findings and recommendations from the DJMA Study (or from the District's most recent independent disparity study) to determine the most appropriate and effective remedies to apply to a given set of contracts to eliminate barriers and overcome the effects of various forms of discrimination identified through the DJMA Study or any subsequent studies. ii. In selecting a remedial approach for any given contract, the District shall seek to identify the remedy that is most likely to be effective in promoting fair and equitable contract participation by all segments of the relevant vendor population, yet does not impose any undue burden on innocent third parties. e. Periodic Review of Factual Predicate i. At least once every four years, the ODBP shall contract with an independent disparity study consultant to conduct an updated review of the factual predicate for the District's M/WBE programs, and to determine whether there is any ongoing need for the use of race- and gender- conscious remedies. ii. Each successive disparity study update shall use methodologies and data sources that are preferred or consistent with the most recent controlling legal precedents. iii. Each successive disparity study update shall make specific findings and recommendations regarding the ongoing need for race- and gender- neutral and race- and gender-conscious remedies for certain categories of contracts. Study recommendations should also suggest appropriate modifications to existing District procurement procedures, SBE programs, and M/WBE programs to promote fair and equitable participation in School District contracting opportunities in the most effective (yet least restrictive and least burdensome) manner. iv. In the event that the District determines that there is no ongoing need for any race- and gender-conscious remedies, the M/WBE programs shall be gradually phased out and shall sunset within two years after such determination is made. r :>al Setting Committee.-- The goals mentioned in Section 6 will be established by a Goal Setting Committee under the auspices of ODBP, and shall be composed of professional and senior-level representation from the following departments: a. Department of Purchasing; b. Diversity in Business Practices; J://www.oalmbeach.kI2.f1.us/oolicies/6143.htm 12/19/2005 43 Vi \' tK~ll Y Al'UJ C\..lU11 ~DLL V 1 LL.dL~r," 1 ,,_n' u' ~~ ~u ,~-~ c. Chief Operating Officer; d. Superintendent's Designee; and e. The Department responsible for letting the contract. 8. Remedial Options to Encourage Fair and Equitable Contract Participation a. Bid Preferences.-- Specific goals for each project or contract may be adopted on a project-by-project, or contract- by-contract basis, wherein the contract award shall be made to the lowest responsive, responsible bidder meeting the SBE or M/WBE subcontracting goals for the contracUproject, when that bidder's price does not exceed the lowest bidder's price by an amount greater than the dollar or percentage amount set by the Goal Setting Committee b. Professional Services Evaluation Preferences i. In the selection process for the award of certain professional services contracts, the District may include as one of its evaluation criteria the level of SBE or M/WBE participation on the team or in subcontract participation. Under this remedial approach, the maximum number of evaluation points is available to an SBE or M/WBE proposer. ii. A summary of any applicable SBE or M/WBE Program procedures shall be plainly stated in each solicitation. For competitive professional services contracts, a point system of evaluation will be used by an evaluation committee to determine the recipient of the contract award recommendation. Businesses submitting proposals to provide professional services to the District will be eligible to receive, on a sliding scale, a designated number of the total possible points based upon their SSE or M/WBE participation. The distribution of points allocated to the evaluation criteria shall be stated in the request for proposal. SBE or M/WBE participation shall be but one of several criteria used to evaluate each proposal. Maximum points shall be awarded when the proposer is a certified SSE or M/WSE. The provisions within this section pertaining to the procurement of professional services are not intended to be used to the exclusion of other provisions of this policy. c. Internal Matchmaking.-- ODSP, in conjunction with the Purchasing Department and the Program Management Department, shall review bids for viable opportunities for M/WBE participation and then inform M/WBEs of those specific opportunities that they are likely to be interested in. The District shall establish mechanisms to ensure timely notification of M/WBEs of such opportunities and shall also establish an open door policy to permit M/WBEs to dialogue with and market themselves directly to appropriate District procurement personnel. d. External Matchmaking.-- ODBP shall facilitate non-M/WBE firms and M/WSEs coming together on specific School District projects where opportunities are available for cooperative efforts. Such matchmaking sessions should occur simultaneously with public release of contract forecasts to provide the maximum opportunity for M/WBE collaboration with non-minority firms. On construction projects, the Program Management Department and its construction managers should be actively involved in the process. 9. Contract Solicitation and Award a. ODBP Review.-- The ODSP shall preview all solicitations for construction, procurement, and professional services prior to public dissemination, for compliance with the objectives stated in this policy, and to ensure that bid specifications do not unnecessarily restrict the ability of SSE and M/WSE firms to compete and bid. All District award recommendations shall bear the review signature of the Director of the ODBP. b. Disqualification/Rejection.-- The School District and School Board reserve the right to reject any proposals from bidders who have previously failed to perform properly and who have done so by commission or omission of an act of such serious and compelling nature that the act indicates a serious lack of business integrity or honesty. c. Contract Compliance Requirements.-- As the Superintendent's designee, the ODBP will establish procedures for monitoring and evaluating program performance and compliance. d. The School District and School Board reserve the right to reject any proposal deemed non-responsive for failing to meet the Diversity requirements. e. A firm's failure to comply with the contract may result in the drafting of a recommendation for suspension or 12/19/2005 II-.____u .:..~I_z...~~~h 1,1') flllc/nnl1rlP<;:/t'l 141htm 4j VI \' DKLlll I rtl"'V D\..CUll ~LL v iiLiL.J~i .'-'JJ., .u, ......~~~~ ,~~~ debarment of the firms or individuals involved. Suspension or debarment of vendors by the School Board for activity contrary to this program will be carried out in accordance with Policy 6.14. ) 'aivers a. Pre-Award Waiver.-- At any time prior to the award of a contract for a purchase of goods and supplies, the Superintendent or designee may grant a partial or complete waiver of diversity requirements for reasons such as: cases of emergency procurement; situations where a non-M/WBE is the sole source of the needed goods or services and there are no apparent commercially useful functions available to be performed by Ready, Willing, and Able SBE or M/WBE subcontractors; or good faith efforts to meet the contract diversity goal have proven unsuccessful. The Department making an emergency procurement shall consider the availability of SBE or M/WBEs from which to make such purchases. The Director of Purchasing shall make available a report of procurement activities, including at a minimum project name, project number, project description, awarded vendor, advertisement date, waivers of diversity requirements (and reasons for the waiver), and estimated dollar value to include change orders. b. Performance and Payment Bonds.-- The Director of Purchasing and the Director of the ODBP, as the Superintendent's designees, in accordance with provisions of Fla. Stat. 9 255.05 shall have the authority to waive the requirements for performance and payment bonds for projects having a dollar value to $200,000 or less. The determination of this exemption shall be made on a contract-by-contract or project-by-project basis. In the event such exemption is granted, the Board or the District and its officers or officials shall not be personally liable to persons suffering loss because of granting such exemption. 1. Program Administration.-- The Superintendent of Schools has the overall responsibility for establishing procedures and administering the Diversity Program. The ODBP shall report directly to the Chief Operating Officer. The ODBP shall be responsible for developing, managing, and implementing the Diversity program on a day-to-day basis. 2. District Implementation.-- The School District shall take all necessary steps permissible under law to ensure that M/WBEs are afforded the maximum equitable opportunity to participate in the District's procurement processes. The ODBP will 'ilize internal and external monitoring and reporting as the methods of evaluation. 3. Reporting.-- The ODBP will provide the following reports: a. Reports and recommendations to the Board on at least an annual basis regarding suggestions for policy changes consistent with these guidelines. This report shall be generated within 90 days subsequent to the Division of Financial Management's completing the fiscal close out of the School District records. b. A program evaluation analysis will be submitted to the Board every four years to assess the success of diversity in the District's procurement process and whether disparity continues to exist in individual industry codes. c. A disparity study update report prepared by an independent consultant, and as described in Section (6)(e) of this Policy, will be submitted to the Board every four years. 4. Graduation from the SBE and MIWBE Programs.-- Participation in the SBE or M/WBE program will be dependent upon the firm's need for the preferences extended under this Policy. Data should be maintained to determine which firms have overcome size barriers and barriers related to the effects of discrimination sufficiently to join the competitive mainstream in their respective industries. Firms that exceed the District's SBE and M/WBE size standards or which are otherwise graduated from the SBA or M/WBE programs shall remain eligible for certification, technical assistance, and other forms of assistance not related to bid preferences or evaluation preferences. Moreover, .the utilization of graduated M/WBE firms shall continue to be tracked and counted towards attainment of the District's Annual M/WBE participation goals. However, these firms may not participate in any of the race- or gender-conscious preferences of this Policy. 5. Implementation by the Superintendent.-- Wherever this Policy mentions procedures to be established or implemented by the Superintendent, certain internal operational procedures and guidelines may be set forth in Bulletins where appropriate. Other more formal procedures, when sufficiently developed and solidified, should be recommended to the Board, where )propriate, for adoption as Policy. 3. Policy Review..-- As required by Fla. Stat. 9120.74(1), the Board shall review and revise this Policy as often as necessary to ensure that it complies with legal requirements, such as applicable current standards of binding decisions of the Eleventh Circuit Court of Appeals and the United States Supreme Court. Moreover, at least every fourth year, the Board will review the successes and failures of the M/WBE program and make a determination as to the need for a continuing M/WBE n.II",,,,,,, ri<llmhp<lrh 1<1? flll.;:/nnl;r.;p.;:/f) 141.htm 12/19/2005 '-tJ .UJ.. .LJ.1.~U.J...J...l ~).J.".L/ .L.J.,,<-"'-'..L..L~"'.J-.--J.L-"".J-~ ~~~.J--J.J-~....,,"........,----,... .&-.L' ._~-->--''''''~ ,.~-~ program. 7. Severability.-- If any section, paragraph, sentence, clause, phrase or word of this Policy is for any reason held by a Court to be unconstitutional, inoperative, or void, it is intended that to the maximum extent practicable such holding shall not affect the remainder of this Policy. ISTORY: 991001.41(2); 1001.42(22); 1001.43(2)(a), (6), Fla. Stat. 99 287.055(3)(d); 287.093; 287.0931; 287.094; 287.0943; 287.09451; 287.09431; 288.703; 288.7031; 1001.41(1), (3); 1001.42(10)(i); 1001.43(2)(a); 1013.45(4); 1013.46(1)(c), Fla. Stat. New 5/11/2005 TATUTORY AUTHORITY: ;WS IMPLEMENTED: l'//ururw nalmheach.k12.fl.us/oolicies/6 143.htm 1211912005 INVITATION TO BID NO. 04C-56A ATTACHMENT A ~OOLD/~ THE SCHOOL DISTRICT OF PALM BEACH COUNTY 11J(2J~ PURCHASING DEPARTMENT is Q 3300 FOREST HILL BOULEVARD, A-323' WEST PALM BEACH, FLORIDA 33406-5813. (561) 434-8506 Minority Women Business Enterprise (MIWBE) ~~co~ Subcontractor Participation Letter of Intent BID/RFP or Project Name CHAIN LINK FENCE PARTS BID/RFP or Project Number 04C-56A Name of Bidder The undersigned intends to perform work with the above project as (check one) o Individual 0 Partnership 0 Corporation 0 Joint Venture (NOTE: If a joint venture, attach letterhead or other documentation proving relationship.) The undersigned intends to perform work with the above BID/RFP or project as (check one) o Subcontractor 0 Manufacturer 0 Supplier The undersigned is: o Certified with the School District of Palm Beach County M/WBE Coordinator o Certified with the State of Florida, Department of General Services The undersigned is (check only one in each applicable column): COLUMN 1 COLUMN 2 o American Indian/Alaskan Native 0 Physically Disabled o Asian/Pacific Islander o Black, Non-Hispanic o Hispanic o Multiracial o White. Non-Hispanic COLUMN 3 o Female o Male PARTICIPATION: The undersigned intends to perform the following work in connection with the above project. ITEM NO. CONTRACT (TRADE) ITEMS AMOUNT Name of MWBE Subcontracting Firm Name and Position (type or print) SIGNATURE DATE PBSD 1525 (RE. 10/18/2001) ORIGINAL - Purchasing Department 19 INVITATION TO BID NO. 04C-56A THE SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT 3300 FOREST HILL BOULEVARD. A-323' WEST PALM BEACH. FLORIDA 33406-5813' (561) 434-8506 ATTACHMENT B Minority Women Business Enterprise (M/WBE) subcontractor Participation Summary BID/RFP or Project Name CHAIN LINK FENCE PARTS ~LD/~ ~1Ql8 ~~uf: BID/RFP or Project Number 04C-56A Total Bid (Base and Alternatives) TO DIRECTOR OF PURCHASING DEPARTMENT The M/WBE Subcontractor firms listed below have agreed to participate in this BID/RFP or project for the Contract (Trade) Items and the dollar amounts shown. Letter(s) on Intent (PBSD 1525) for each Subcontractor is (are) attached. Those Subcontractors represented to me as M/WBE Certified by the M/WBE Coordinator are noted. Also noted are those Subcontractors not presently certified but representing themselves as M/WBE qualified for certification. For those Subcontractors. an identification Statement is attached to their Letter of Intent (PBSD 1525). CERTIFIED CONTRACTOR CONTRACT (TRADES) ITEMS AMOUNT YES NO - -- ---'----~--~ Total M/WBE Subcontractor Participation I $ Percentage of Total Bid (Base & Alternates) %1 Contracting Firm Name Name and Position (type or print) DATE SIGNATURE ORIGINAL - Purchasing Department 20 PBSD 1526 (RE. 10/18/2001) ATTACHMENT E INVITATION TO BID NO. 04C-56A Project: CHAIN LINK FENCE PARTS Bid No.: 04C-56A Corporation Name: Tax FEIN Number: BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT STATE OF COUNTY OF Before me, the undersigned authority, personally appeared, , ("Corporate Representative") this day of , 200_, who, first being duly swom, as required by law, subject to the penalties prescribed for pe~ury, deposes and says: 1) Corporate Representative has read the contents of this Affidavit, has actual knowledge of the facts contained herein, and states that the facts contained herein are true, correct, and complete. 2) The following is a list of every "person" (as defined in Section 1.01 (3), Florida Statues to include individuals, children, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity: (If more space is needed, attach separate sheet) A. Persons or corporate entities owning 5% or more: Name Address Perrentage Name Address Percentage Name.- Address Pen:entage 8. Persons or corporate entities who hold by proxy the voting power of 5% or more: Name Address Percentage Name Address perrentage Name Address Percentage C. Stock held for others and for whom held: Name Address Percentage For Whom Held Address Pert:entage Name Address Percentage For Whom Held Address Percentage Name Address Percentage For Whom Held Address Percentage CORPORATE REPRESENTATIVE By: SWORN TO and subscribed before me this day of ,200_, by Such person(s). (Notary Public must check applicable box): [ ) is/are personally known to me. [ ) produced a current driver license(s). [ ] produced (NOTARY PUBLIC SEAL) as identification. Notary Public (Print, Type or Stamp Name of Notary Public) 23 ..L ~b""" .l. 'lJ..I. .L _l~.I...I."", J. . "-.-/ --.....J.......--. .......L___............-'-........ Attachment 114 ~ Departments Information News eDurham Businesses Citizens He The Department of Equal Opportunity I Equity Assurance llrllal11 Ill' II . I _ _ J_' fEAHome LPJoposgJ~ 'EAForms 6ESy_stem 6EsJ!:tthe >tJi9ht :oming jects for 2005- 6 Deborah Giles - Director Phone: (919) 560-4180 Fax: (919) 560-4513 e-mail:deborah.giles@durhamnc.qov It is our mission to assist the City of Durham with the creation of a work place environment in which employee potential is maximized and differences are understood, where firms desiring to do business with the City can do so in an inclusive environment, and services to our internal and external customers are accessible and delivered in an equitable manner. The Department of Equal Opportunity/Equity Assurance is responsible for the implementation of the City's Equal Business Opportunity Program (EBOP). Responsibilities include implementation of race and gender neutral measures to facilitate the participation of Small Disadvantaged Business Enterprises (SDBE's) in City contracting activity, SDBE recruitment, certification, and maintenance of SDBE data bank, business development, City project compliance, monitoring, and reporting. In addition, it is our responsibility to support the Equal Business Opportunity Program (EBOP) Advisory Committee and coordinate their activities. The_[)epartment of Equal Opportunity/Equity Assurance is also responsible for the implementation of the CitY's Diversity Initiative. This program works toward ensuring the management of diversity for both the community and the City government. Responsibilities include scheduling employees and facilitators for diversity training sessions, evaluating the effectiveness of sessions and facilitators, as well as preparing materials for diversity sessions. In addition, it is our responsibility to support the Diversity Council and Coordinate their activities. Staff is active in and assists the Mayor's Committee for Person's with Disabilities. The department's administrative offices are located at 211 Rigsbee Avenue, Durham, NC 27701 and are open between the hours of 8:00am and 5:00 pm, Monday - Friday. The Department of Equal Opportunity/ Equity Assurance (EOEA) Forms may be downloaded from our website. If you have problems downloading the forms, please call The Department of Equal Opportunity/Equity Assurance for assistance, (919)560-4180, Ext. 240). Small Disadvantage Business Enterprise (SDBE) Forms: Certification Guidelines Certification Renewal Form Construction Forms Prequalification Form Prequalification Renewal Form Procurement Forms Professional Services Forms Questionnaire These forms require the free Adobe Acrobat Reader pluain. City of Durham. 101 City Hall Plaza, Durham, NC 27701 All graphics, logos and content herein are copyrighted by the City of Durham 2001. View our Accessibilitv Policv and Disclaimer information. .www.ci.durham.nc.us/departments/equa1J 2/27/2006 DURHAM i .1 1 869 i .. CRY OF MED~~_J CITY OF DURHAM SMALL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM CERTIFICATION GUIDELINES (Equal Business Opportunity Ordinance) Section 26.6 EBO Program Eligibility Equal Opportunity/Equity Assurance Department Mailing Address: 101 City Hall Plaza Durham, North Carolina 27701 Street Address: 211 Rigsbee Avenue Durham, North Carolina 27701 Phone: 919-560-4180 Facsimile: 919-560-4513 Socially Disadvantaged Business Enterprise (SDBE) means a business that is at least fifty - one (51 %) percent owned by one or more socially and economically disadvantaged individuals or in the case of a publicly owned business, at least 51% of all classes of the stock of which is owned by one or more socially and economically disadvantaged individuals. Additionally, a SDBE is one: . Whose management, policies, major decisions and daily operations are independently managed by one or more socially and economically disadvantaged individuals; . Which is a Small Business Enterprise; . Which has a physical location from which to engage in for profit activities in the scope(s) of expertise in the City's Marketplace; and . Which is certified as a SDBE by the City of Durham "Socially Disadvantaged" means an individual who has been subjected to racial or ethnic prejudice or cultural bias within American society because of his/her identification as a member of a group and without regard to individual qualities. A socially disadvantaged individual must be a citizen (or lawfully admitted permanent resident) of the United States who is either: . Black/African American, which includes persons having origins in any of the Black racial groups of Africa; . Female; or . Any individual found by the City on a case-by. case basis to have been subjected to racial or ethnic prejudice or cultural bias within American society because of hislher identity a member of a group without regard to individual qualities. "Economically Disadvantaged" means an individual whose Personal Net Worth is less than $750,000. Eligibilitv Standards The following standards shall be used in determining whether a business is owned and controlled by one or more Socially and Economically Disadvantaged (SED) individuals, and therefore, is eligible to be certified as a SDBE: (a) Only businesses that meet the criteria of SDBEs may be certified for a participation in the program. GOOD THINGS ARE HAPPENING IN DURHAM 2 Eligibility Standards (continued) (b) The applicant for certification as a SDBE has the burden of persuasion based on the preponderance of the evidence. (c) Only a firm owned by a SED person(s) may be certified as a SDBE. (1) The firm's ownership by a SED person must be real, substantial and continuing, going beyond pro forma ownership of the firm as reflected in the ownership documents. The SED owner(s) must enjoy the customary incidents of ownership and share in the risks and profits commensurate with that ownership interest. (2) The contributions of capital or expertise by the SED owner(s) to acquire the ownership interest must be real and substantial. If expertise is relied upon as part of a SED owner's contribution to acquire ownership, the expertise must be of outstanding quality in a specialized field, in areas critical to the firm's operations, indispensable to the firm's " .potential success and specific to the type of work the firm performs. The individual whose expertise is relied upon must have a significant financial investment in the firm. (d) Only a firm that is managed and controlled by the SED owners may be certified as a SD BE. (1) A firm must not be subject to any formal or informal restrictions that limit the discretion of the SED owner(s) that limit the discretion of the SED owner(s). There can be no restriction through corporate charter provisions, bylaw provisions, contract or any other formal or informal devices that prevent the SED owner(s) without the cooperation or vote of anyon-SED person, from making any business decision of the firm. (2) The SED owner(s) must possess the power to direct or cause the direction of the management and policies of the firm and to make day- to-day as well as long term decisions on management, policy and operations. (3) The SED owner(s) may delegate various areas of the management, policy making or daily operations of the firm to persons who are not SED. Such delegations of authority must be revocable and the SED owners must retain the power to hire and fire any such person. The SED owners must exercise control over the firm's operations, work, management and policies. GOOD THINGS ARE HAPPENING IN DURHAM 3 (4) The SED owner(s) must have an overall understanding of and managerial and technical competence, experience and expertise, directly related to the firm's operations and work. The SED owner(s) must have the ability to intelligently and critically evaluate information presented by other participants in the firm's activities and to make independent decisions concerning the firm's daily operations, work, management and policy making. (5) If any law requires the owners to have a particular license or other credential to operate, own and/or control a certain type of business, then the SED owner(s) must possess the required license or credential. (6) A SED owner cannot engage in outside employment or other business interest that conflict with the management of the firm or prevent the owner from devoting sufficient time and attention to the affairs of the firm to manage and control its activities. (e) Only an independent firm may be certified as a SDBE. An independent firm is one whose viability does not depend on its relationship with another firm. In determining whether an applicant is an independent business, the City will: (1) Scrutinize relationships with non-SDBEs in such areas as personnel, facilities, equipment, financial and/or bonding support, and other resources. (2) Consider whether present or recent employer/employee relationships between the SED owner(s) of the applicant and on-SDBEs or persons associated with on SDBEs compromise the applicant's independence. (3) Examine the applicant's relationships with on-SDBE prime contractors to determine whether a pattern of exclusive primary dealings with a prime contractor compromises the applicant's independence. (4) Consider the consistency of relationships between the applicant and on-SDBEs with normal industry practice. (f) In order to be certified as a SDBE, a firm must be an Small Business Enterprise (SBE) and must have a physical location, in the City's Contracting Marketplace, from which it engages in for profit activities in the scope(s) of its expertise. GOOD THINGS ARE HAPPENING IN DURHAM 4 Eligibility Standards (continued) (g) An applicant shall be certified only for specific types of work in which the SED owner(s) has the ability and expertise to manage and control the firm's operations and work. (h) The City shall certify the eligibility of Joint Ventures in which the Joint Venturers are SDBEs and non-SDBEs. (i) In lieu of conducting its own investigation to determine whether an applicant is eligible for certification, the City may consider a formal certification by another entity to determine whether the applicant meets the requirements of the program, provided that the City determines that the certification standards of such entity is comparable to those of the City. (j) A firm whose average annual gross receipts exceed the size standards for the SBEs for three consecutive years shall graduate from the program. Certification and Renewal of Certification The certification status of all SDBEs shall be reviewed every two years by the City. Failure of a SDBE to seek recertification within 90 days from the date of receipt of written notice shall result in decertification. It is the responsibility of the SDBE to notify the City of any change in its circumstances affecting its continued eligibility for the program. Appeal of Certification Denial Any business denied certification, re-certification or been decertified may protest the denial or decertification as follows: (1) Within 7 days of receipt of denial of certification or recertification, or notice of intent to decertify, the firm may protest such action in writing to the City Manager. (2) A hearing shall be held.by the City Manager at which time the firm may present additional facts and evidence in support of its eligibility. The City Manager shall control all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and may request the attendance of witnesses and production of documents. The applicant's failure to comply promptly with this request may be grounds for denial of relief sought by the applicant. GOOD THINGS ARE HAPPENING IN DURHAM 5 Appeal of Certification Denial(continued) (3) The City Manager shall send notice of the written decision to the firm within 30 days of the hearing. The City Manger's decision shall be final. (4) A firm found ineligible cannot apply for certification for one year after the effective date of the final decision. GOOD THINGS ARE HAPPENING IN DURHAM 6 DURHAM . 1869 r:IIV':)1 MIIJli";INI CITY OF DURHAM SMALL DISADVANTAGED BUSINESS ENTERPRISE Mailing Address: 10 1 City Hall Plaza Durham, North Carolina 27701 Phone: (919) 560-4180 Facsimile: (919) 5604513 CERTIFICA TION RENEWAL FORM Equal Opportunity! Equity Assurance Department Street Address: 2 II Rigsbee Avenue Durham, North Carolina 27701 POLICY STATEMENT It is the policy of the City to provide equal opportunities for City contracting for small firms owned by socially and economically disadvantaged persons doing business in the City's Contracting Marketplace. It is further the policy of the City to prohibit discrimination against any firm in pursuit of these opportunities, to conduct its contracting activities so as to prevent such discrimination, to correct the present effects of past discrimination and to resolve complaints of discrimination. GOALS The Equal Opportunity/Equity Assurance Director shall establish project specific goals for each project or contract based upon the availability of small disadvantaged business enterprises (SDBE's) within the defined scope of work, delineated into percentages of the total value of the work. APPEAL OF CERTIFICATION DENIAL Any business denied certification should, upon written request, be granted reconsideration of the application by the City Manager. The applicant desiring reconsideration must, within seven working days of receipt of the City's decision, present to the City Manager a written statement of its position. CERTIFICATION RENEWAL GOOD THINGS ARE HAPPENING IN DURHAM 2 The following information is submitted to determine recertification status as a Small Disadvantaged Business Enterprise: Name of Firm Address City State Zip Code County Mailing Address (If different from above) City State Zip Code County Telephoire Number Fax Number ( ) Cellular Number ( ) Pager Number ( ) Email Address Contact Person Title PLEASE SUBMIT ALL DOCUMENTS AS REQUESTED BELOW 1) Copy of prior two years' Federal Tax Returns. (This information is kept confidentia1.) 2) Number of permanent employees 3) Copy of current business license/s 4) Personal Net Worth statements CERTIFICATION RENEWAL GOOD THINGS ARE HAPPENING IN DURHAM 3 CITY OF DURHAM PERSONAL NET WORTH STATEMENT Complete This Form For Each Economically Disadvantaged ApplicantJOwner (Married individuals must submit a separate form for their spouse. Please attach copy of most recent federal income tax statement.) Name: Business Phone: ( ) Residence Address Residence Phone: ( ) City, State & Zip Code: Business Name of Applicant: I Check ASSETS Amount If LIABILITIES Amount Joint " Assets Cash on hand & in banks Accounts Payable $ $ Savings Accounts Notes Payable To $ Banks/Others $ IRA/Other Retirement Installment Account (Auto) Account $ $ Personal & Notes Installment Account & Receivable $ Credit Cards 5; Life Insurance (Cash Loan On Life Insurance Surrender Value) $ $ Stocks & Bonds (Current Mortgage On Primary Market Value) $ Residence $ Real Estate (Other Than Mortgage On Other Primarv Residence) $ Properties 5; Automobiles (Present Unpaid Taxes Value) $ $ Personal Property Other Liabilities (Describe $ On Separate Sheet) $ Other Assets (Describe On Separate Sheet) $ Ownership In Other Businesses 5; Total Assets (add lines NET WORTH (Total Assets above) 5; Minus Total Liabilities) 5; CERTIFICATION RENEWAL GOOD THINGS ARE HAPPENING IN DURHAM 4 FAILURE TO RESPOND TO ANY QUESTION/S OR REQUEST FOR DOCUMENTS MAY RESULT IN THE DENIAL OF YOUR FIRMS CERTIFICATION AFFIDA VIT The undersigned swears that the foregoing statements are true and correct and include all material necessary to identify and explain the operations of as well as the ownership thereof. Further, the undersigned agrees to provide through the prime contractor or, if no prime, directly to the City, current, complete and accurate information regarding actual work performed on the project, the payment for, and any proposed changes, if any, of the foregoing arrangements. Any material misrepresentation will be grounds for terminating any contract, which may be awarded, and for initiating action under Federal or State laws concerning false statements. Name Title Signature Title (Principal Owner or Chief Executive Officer, if Corporation) CORPORATE SEAL (required for a Corporation) Firm's Name I, Notary Public, appointed in the State of , County of do hereby certify that Name and Title of Officer To be the person whose name is subscribed to the foregoing affidavit, appeared before me this day in person, and acknowledged that helshe signed the above affidavit as his/her free and voluntary act. Sworn and subscribed before me this day of ,20 By whose signature appears below. Signature CERTIFICATION RENEWAL GOOD THINGS ARE HAPPENING IN DURHAM 5 IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin!!, f)ates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office 0 December 6. 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) [8J March 21,2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA lTEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business D Announcement 0 Presentation fS) City Manager's Report ~ECOMMENDATION: Review Mayor's Request for a Community-Based Visioning Process EXPLANA TION: Mayor Taylor has asked that the City Commission consider the City coordinating a process very similar to the successful Visions 2020 program completed in 1998. That program began in 1996 and included a community visioning session that year. The goal would be to update that document or replace it with a contemporary view of the City and its environs. The Visions 2020 program was preceded by the creation of an assembly steering committee that performed the following basic functions: I, Identified key areas of interest for the visioning process. 2, Developing a list of conference participants designed to provide diverse community representation. 3. Reviewing an issues paper prepared by an outside facilitator. 4, Assistance in obtaining additional funding to support the endeavor, as needed. The steering committee (15 members) was comprised from the following areas: I, Community/civic and religious organizations 2. Family/youth interests 3. Homeowner/neighborhood associations 4, Large and small local businesses 5. Public sector/non-profit agencies/advisory boards 6. Recreational and cultural interests. In 1996, the process was facilitated by the Florida Institute of Government at Florida Atlantic University, PROGRAM IMPACT: The visioning process will assist the City develop programs and activities that are beneficial to the Boynton Beach community, The effort will also serve as a good underpinning of the City's and CRA land use and velopment initiatives. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: $50,000 estimated cost based on 100 persons participating in facilitated retreat process at approximate cost of$25,000. Funds may be available from Palm Beach County and private organizations. In addition, there are funds in the City Budget for strategic planning ($15,000). AL TERNA TIVES: Continue without update of community visioning plan ~nd rely on published documents and plans. Department Head's Signature Department Name City Attorney! Finance! Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Boynton Vision 20/20 Assembly Steering Committee Robert Hill Steering Committee Chair CEO, Bethesda Memorial Hospital Bob Taylor Steering Committee Vice Chair Vice President, Finance-Treasurer, Bethesda Memorial Hospital Hank Ackermann Pastor, Congregational United Church of Christ Stuart Adelkoff Boynton Beach James Darst Asst. Vice President, Republic Security Bank . Ginny Foot The Art of Framing Mike Friedland President, Boynton Beach Jewish Center Beth Kodesh Angela Girtman Chair, Advisory Board on Children and Youth Keturah Lee Member, Advisory Board on Children and Youth Gary Lehnertz Staff Programmer, IBM Bill Lynch President, Boynton LeisurevilIe Homeowners Association Art Matthews Owner, Rainbow City Grocery Store Lena Rahming Chairperson. Boynton Beach Black Awareness Committee Howard Solomon Century 21 Home Showcase Jamie Titcomb, Commissioner President, James Titcomb Creative, Inc. Debbie TomeIIo Member, Boynton Beach Code Enforcement Ron Tufo Training Manager, Motorola Paging Products Group BOYNTON BEACH VISION 20/20: PLANNING OUR FUTURE SPONSORS City of Boynton Beach Palm Beach County Bethesda Memorial Hospital Barnett Bank BellSouth Columbia JFK Medical Center , Delray Community Hospital Greater Boynton Beach Chamber of Commerce Hunters Run Golf and Racquet Club James Titcomb Creative, Inc. Mouw Associates, Inc. SunTrust Bank, South Florida, N.A. Florida Power and Light Co. Hardrives, Inc. Karl Corporation Kilday & Associates, Inc. The Art of Framing, Inc. BankBoynton, F.S.B. Boynton Leisureville Community Association Boynton Beach Rotary Fidelity Federal Savings Bank Friends of the Boynton Beach Library Marriott Senior Living Services, Brighton Gardens Republic Security Bank BOYNTON BEACH VISION 20/20: PLANNING OUR FUTURE May 2 - 4, 1996 Indian River Plantation, Hutchinson Island AlTENDEES Henry F. Ackermann Pastor Boynton Beach Congregational Church 115 N. Federal Highway Boynton Beach, FL 33435 Michael Bottcher Board Member, Boynton Beach Chamber of Commerce 148 S.W. 24th Avenue Boynton Beach, FL 33435 Jose Aguila Architect 800 S.W. 1st Court Boynton Beach, FL 33426 Chanelle Bowdry Student P.O. Box 3988 Boynton Beach, FL 33424 Simon Albery Pastor, New Jerusalem Church 124 South Dixie Highway Lantana, FL 33462 Conrad Braaten Pastor, Ascension Lutheran Church 2929 S. Seacrest Boulevard Boynton Beach, FL 33435 Chris Allen 401 North Seacrest Blvd. Boynton Beach, FL 33435 Fawn Bradley Project Director "I Have a Dream" Foundation 550 Miner Road Boynton Beach, FL 33426 Leonard Aremka Chair, Boynton Leisureville Blood Bank 1919 S.W. 17th Avenue Boynton Beach, FL 33426 Matthew Bradley Commissioner, City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Bruce Black Area Trainer, The Home Depot 229 SW 1 st Avenue Boynton Beach, FL 33435 Dagmar Brahs Vice President Coalition of Boynton West Residential Association, Inc. 6655 O'Hara Avenue Boynton Beach, FL 33437 Kenneth Blair Me~~tion Advisory Board 825 Ocean Ihlet Omts Boynton Beach, FL 33435 Gerald F. Broenlng President, Inlet Cove Association 820 North Road Boynton Beach, FL 33435 Don Finton President, Finton Construction Co., Inc. 214 S.E. 7th Avenue Boynton Beach, FL 33435 Calvin Cearley President and CEO Prime Bank 211 South Federal Highway Boynton Beach, FL 33435 Ginny Foot President, The Art of Framing 638 E. Ocean Avenue Boynton Beach, FL 33435 Anne Camille Centl Chair, Education Advisory Board 502 S.E. 5 Circle, #11 B Boynton Beach, FL 33434 Roy Fraker Professional Consultant P.O. Box 3978 Boynton Beach, FL 33424 Frances Cleary Sterling Village Condo Ass'n, Inc. 850 Horizons East, #208 Boynton Beach, FL 33435 Glenn Francis Distribution Manager Publix Supermarkets, Inc. 5500 Park Ridge Blvd. Boynton Beach, FL 33426 Joy Currier Member, Community Relations Board 449 S.W. 4th Avenue Boynton Beach, FL 33435 Christiane Francois Secretary, Prime Plaza, Inc. 115 South Federal Hwy. Boynton Beach, FL 33435 James Darst Asst Vice President Republic Security Bank 1301 N. Congress Avenue, Suite 100 Boynton Beach, FL 33426 Patricia Frazier Planning and Development Board 2866 S.W. 8th Street Boynton Beach, FL 33435 Alexander DeMarco 1017 Quail Covey Road Boynton Beach, FL 33436 Mike B. Friedland President, Boynton Beach Jewish Center Beth Kodesh 330 N.E. 26th Avenue Boynton Beach, FL 33435 Ralph Dlaz Financial Consultant 415 S.W. 4th Avenue Boynton Beach, FL 33435 Barkley Garnsey President, Sea Mist Enterprises 700 Casa Loma Boulevard Boynton Beach, FL 33435 Stanley Cube Chair, Planning and Development Board 2734 Cranbrook Drive Boynton Beach, FL 33436 Angela Girtman Chair, Child and Youth Advisory Board 1920 N.E. 1st Lane. Boynton Beach, FL 33435 Blanche Girtman Member, Community Relations Board P.O. Box 1552 Boynton Beach, Fl 33425 Kenneth Kaleel, Esq. 555 N. Congress Avenue, Suite 302 Boynton Beach, Fl 33426 Patti Hammer 52 G Stratford lane Boynton Beach, Fl 33436 Walter Kies Boynton leisureville Community Association 2109 S.W. 22nd Street Boynton Beach, FL 33426 Bob Harper 28 Via lago Boynton Beach, FL 33435 Keturah Lee Member, Advisory Board on Children and Youth 136 S.E. 13th Avenue Boynton Beach, Fl 33435 Jeanne Heavilin Century 21/Clarke & O'Shea Realty P.O. Box 3693 Boynton Beach, Fl 33424-3693 Reverend R. M. Lee S1. John Baptist Church 407 N.W. 9th Avenue Boynton Beach, FL 33435 Barry Hill Member, Planning and Zoning Board 612 SW 1st Street Boynton Beach, Fl 33435 Gary Lehnertz Staff Programmer, IBM Corporation 619 S.W. 2nd Avenue Boynton Beach, Fl 33426 Robert B. Hill CEO, Bethesda Memorial Hospital 2815 South Seacrest Boulevard Boynton Beach, Fl 33435 Micheline Many 217 S.E. 3rd Street Boynton Beach, Fl 33435 Dan Holthouse 650 Costilla lane Boynton Beach, Fl 33435 John Martin Vice President, Smith Barney, Inc. 75 North Federal Highway, 101 Delray Beach, Fl 33483 Andrea K. Horne General Manager, Boynton Beach Mall 801 N. Congress Avenue, Suite 295 Boynton Beach, Fl 33426 Art Matthews Owner, Rainbow City Grocery Store 1919 N. Seacrest Blvd. Boynton Beach, Fl 33435 Shirley Jaskiewicz Vice Mayor, City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Mary McCarty Palm Beach County Commissioner District #4 301 N. Olive Avenue, 12th Floor West Palm Beach, FL 33401 Myra Jones 311 N.W. 4th Avenue Boynton Beach, Fl 33435 Herbert Kahlert President, Kart Corporation 3210 Palm Drive Delray Beach, Fl 33483 Eddie Mitchell Member, Advisory Council on African American Affairs 329 !'J.E.-12th Avenue Boynton Beach, FL 33435-3120 Brian Proffit President, Visionary Research 2706 SW 4th Street Boynton Beach, FL 33435 Gene Moore, Esq. Chairman of the Board, BankBoynton 639 E. Ocean Avenue, Suite 409 Boynton Beach, FL 33435 Lena Rahming Chair, City of Boynton Beach Black Awareness Committee 909 N.E. 3rd Street Boynton Beach, FL 33435 Steve Myott Royal Palm Village Neighborhood 2657 NE 4th Street Boynton Beach, FL 33435 James Reed 2458 Cranbrook Drive Boynton Beach, FL 33436 Margaret Newton Vice Chairwoman, Education Advisory Board 701 N.W. 4th Street Boynton Beach, FL 33435 Maurice Rosenstock Member, Planning and Development Board 1 Villa Lane Boynton Beach, FL 33436 Stormet C. Norem Owner, Boynton Memorial Chapel 800 W. Boynton Beach Blvd. Boynton Beach, FL 33426 Steven Otley Scott Owner, Lucille & Otley's Restaurant, Inc. 1021 S. Federal Highway Boynton Beach, FL 33435 Bobbi Oppenheimer Chair, Ubrary Board 62-C Eastgate Drive Boynton Beach, FL 33436 Kathy Shabotynskyj President, Greater Boynton Beach Chamber of Commerce 639 E. Ocean Avenue Boynton Beach, FL 33435 Harvey E. Oyer, Jr. HaNey E. Oyer Jr., Inc., P.O. Box 507 Boynton Beach, FL 33435 Marie Shepard President, Boynton Beach Women's Club 140 W. Ocean Avenue Boynton Beach, FL 33435 Andy Plucinski Sales Manager Waste Management of Palm Beach 651 Industrial Way Boynton Beach, FL 33426 Dave Showalter Vice President, SunTrust Bank, South Florida 315 S. Federal Highway Boynton Beach, FL 33435 Lloyd Powell Executive, Alpine Florist P.O. Box 700 Boynton Beach, FL 33425-0700 J. Rita Simmons ParenVChild SeNice Coordinator Boynton Community Ufe Center 239 N.E. 13th Avenue Boynton Beach, FL 33435 Candace Smith Vice President, NationsBank 289 N. Congress Avenue Boynton Beach, FL 33426 Dorothy Walker Member, Advisory Council on African American Affairs 707 N.W. 3rd Street Boynton Beach, FL 33435 Henrietta Solomon Vii/age Royale on Green 230 N.E. 26th Avenue Boynton Beach, FL 33435 Jim Warnke 617 Lakeside Harbor Boynton Beach, FL 33435 Stacy Stephens Family Comm. Coordinator MAD DADS of Greater Delray Beach 715 N.W. 4th Street Boynton Beach, FL 33435 Tom Warnke Regional Manager, Costa Del Mar Sunglasses 625 Lakeside Harbor Boynton Beach, FL 33435 Melvyn Sternbach President and Director Citrus Glen Men's Club 222 Citrus Trail Boynton Beach, FL 33436 c. Stanley Weaver Secretary- Treasurer-Owner CypresS Creek Country Club 9400 Military Trail Boynton Beach, FL 33436 Gerald S. Taylor Mayor, City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Betty Ann Welch President, Friends of the Boynton Beach Ubrary 636 West Ocean Avenue Boynton Beach, FL 33426 Robert B. Taylor Vice President-FinancelTreasurer Bethesda Memorial Hospital 4 Via Lago Boynton Beach, FL 33435 Sarah Williams Chairperson, Martin Luther King Committee . 1331 S.W. 27th Avenue Boynton Beach, FL 33426 Betty M. Thomas Chairperson, Recreation and Parks Board 331 S.W. 11th Avenue Boynton Beach, FL 33435 Bill R. Winchester P.O. Drawer 1240 Boynton Beach, FL 33425 Henderson nllman Commissioner, City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Lee Wlsche Member, Planning and Development Board 1302 S.W. 18th Street. Boynton Beach, Fl 33426 Jamie Titcomb Commissioner, City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Jim Zengage President, Southern Development Services 2499 Glades Road Boca Raton, Fl 33431 ~~ tZ("'f Y'O'''', , , ~\, }c> - . ",;<" 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 Meeting Dates in to City Clerk's Office Meeting Dates 1:81 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 D April 18, 2006 April 3,2006 (Noon) D June 20, 2006 D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 D May 16, 2006 May I, 2006 (Noon) D July 18,2006 Date Final Form Must be Turned in to City Clerk's Office May 15,2006 (Noon) June 5, 2006 (Noon) June 19,2006 (Noon) July 3, 2006 (Noon) -,.,. )~ D Administrative D Development Plans ~..\_j i',,) NATURE OF D Consent Agenda D New Business ~~1 AGENDA ITEM D Public Hearing 1:81 Legal ~,--> D D ~C""'" Bids Unfinished Business ('=; D Announcement D Presentation -~~~') D -"- City Manager's Report . ~~ --1 ~ -.... -<c..: ':x; /~i ...~-= ~i""i :)~~~ '1'-10 RECOMMENDATION: Please place this request on the April 4, 2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request for Legal, Ordinance _ First Reading on March 21, 2006. For further details pertaining to the request, see attached Department Memorandum No. 05-234. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 504 SW 7tb Street (ABAN 06-002) Christine and Thomas RufTmi City of Boynton Beach Portion of SW 7th Street Request abandonment of a portion of SW 7th Street abutting residential property located at 504 SW 7th Street in Lake Boynton Estates. Abandonment consists of a shellrock stub- street 50 feet in width by 120 feet in length, and a total of 6,000 square feet (0.138 acre) m area. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~~brr' tZtL Planning and Zoning . ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\504 SW 7th Street ABAN\Agenda Item Request 504 SW 7th St ABAN 06-002 4-4-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- Oa4 2 3 AN ORDINANCE 01<' THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF SOUTHWEST 7TH STREET 6 RIGHT OF WAY, APPROXIMATELY 50 FEET IN 7 WIDTH AND 120 FEET IN LENGTH, LOCATED 8 SOUTH OF THE INTERSECTION OF SOUTHWEST 9 4TH AVENUE AND SOUTHWEST 7TH STREET AND 10 DEAD-ENDS 120 FEET SOUTH OF THE 11 INTERSECTION, AT THE SOUTHERN BOUNDARY 12 OF THE SUBDIVISION IN LAKE BOYNTON 13 ESTATES, SUBJECT TO STAFF COMMENTS; 14 AUTHORIZING THE CITY MANAGER TO EXECUTE 15 A DISCLAIMER, WHICH SHALL BE RECORDED 16 WITH THIS ORDINANCE IN THE PUBI__IC RECORDS 17 OF PALM BEACH COUNTY, FLORIDA; AND 18 PROVIDING AN EFFECTIVE DATE. 19 20 21 WHEREAS, Christine and Thomas Ruffini are requesting the abandonment of a portion 22 of Southwest ih Street abutting residential property located at 504 S. w. ih Street in Lake 23 Boynton Estates. The shellrock stub-street is an unpaved 50-foot right-of-way which lies soutt 24 of the intersection of Southwest 4 th Avenue and Southwest ih Street and dead-ends 120 feet 25 south of the intersection, at the southern boundary of the subdivision, subject to staff comments; 26 and 27 28 WHEREAS, comments have been solicited from the appropriate City Departments, and 29 public hearings have been held before the City's Community Redevelopment Agency, and the 30 City Commission on the proposed abandonment; and 31 32 WHEREAS, staff has determined that the roadway provides no public service; and 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 36 37 Section 1. The foregoing Whereas clauses are true and correct and incorporated 38 herein by this reference. 39 40 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 41 abandon a portion of Southwest ih Street abutting residential property located at 504 S.W. ih 42 Street in Lake Boynton Estates. The shellrock stub-street is an unpaved 50-foot wide right-of- 43 way which lies south of the intersection of Southwest 4th A venue and Southwest ih Street and 44 dead-ends 120 feet south of the intersection, at the southern boundary of the subdivision, subject 45 to staff comments, and more particularly described in the attached Exhibit "A." A location map S:\CA\Ordinances\Abandonrnents\SW 7th Street 06-002.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 is attached hereto as Exhibit "E." 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. FIRST READING this slL day of ]]J{Uvdv , 2006. 2006. SECOND, FINAL READING AND PASSAGE THIS _day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:ICAIOrdinanceslAbandonmenlslSW 7th Street 06-Q02.doc EXHIBIT "A' That portion of Valencia Way, a 50 foot wide right-of-way, lying between Lot 1, Block 21, and Lot 16, Block 22, according to the plat thereof on file on the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 17, said portion being bound as follows: On the east by the west line of Lot 16; on the south by the westerly prolongation of the south line of Lot 16; on the west by the east line of Lot 1; and on the north by the easterly prolongation of the north line of Lot 1. .~ I2~ ,\ ~ 1 qr:t:J'~:gJI I 1;0 " 646.7feel ~O . ~]] ~J, L_J .-c-------- - 1-=--_ _ ~ -r-' / I ~~~-v ~IP L ~ '-ifllllrmCJD =- E~ ~~~ ffi5ffij ~~ffi / ,_~:-= tmtmE ~ ~ ~L ;=~ mrrrrm r1JlJ=i, ~ ~ I DIIJJIJJJ DJJ7t1c c:::::o / ,---------- ~~\\I~ 0BRill~D ,_\ - l 1- :---:---( I II IT OIIIIIIIIJ rmm = I \ 1-- ~ I I I ITIIIJJ 1 I &11", 1\ tEItE r ~ I'\-cr; 1 I 1\; If Is J-- ~~ f- \\ _\ f- ,-----,~f= - f- ==1 ~ t---.. W t- u I TII '\1 I-- ~ ~1 I ~ H /... ~ =;';J t::t----' xx, 'i \ \ \[ ~ \ N I ~//C0_ r'\-.-- lit f-- .r- '- I - '-- '- - ~ /,111111111 I - Y\ - ) ~ >--- "--,'-..... ~ m ::K ~} f-l..--ryr f-V' I \ \ )n I \',,- 1\' --1,.--' - T I I I ) c- _ _'-- - I \ f-f-f- _ ~ f- _I- _ I- f-l/'- ~ f- 1-'- f-I=: ...--I '-- 1-- -_1--1 ~=~ ~ 1-- =-= ~ Ilv ~f ~--- I ~,...,-""I . Al . ,.., . L -VV' ......~....... l~"'~1 ~. I ~ 7 7 \ Location Map - Exhibit "8" ~ ~ I ,\ ----= r-- I "l~U0 /-n r- r- = I I III EJ~~ I m~= L'-. - - -I I EEEfffiJ S ffiffiE Q tmo FmtfE~ 1,ld/ll,fElt bJb]JID ~ ffiHmig ~ II I Il ~ //11 (~ 't;' ~.-ljl 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 Southwest ih Street abutting residential property located at 504 S.W. ih Street in Lake Boynton Estates. The shellrock stub-street is an unpaved 50-foot wide right-of-way which lies south of the intersection of Southwest 4th Avenue and Southwest ih Street and dead-ends 120 feet south of the intersection, at the southern boundary of the subdivision, subject to staff comments, subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS \VHEREOF, 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 March, 2006. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk ST ATE 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 March, 2006. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonments\SW 7th Street 06-002.doc EXHIBIT "A' That portion of Valencia Way, a 50 foot wide right-of-way, lying between Lot 1, Block 21, and Lot 16, Block 22, according to the plat thereof on file on the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 17, said portion being bound as follows: On the east by the west line of Lot 16; on the south by the westerly prolongation of the south line of Lot 16; on the west by the east line of Lot 1; and on the north by the easterly prolongation of the north line of Lot 1. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-234 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf ~V~~ Planning and Zoning Director FROM: Kathleen Zeitler IG Z, Planner DATE: January 10, 2006 SUBJECT: Abandonment Request - SW 7th Street ABAN 06-002 NATURE OF REOUEST The applicants, Thomas and Christine Ruffini, are requesting the City to abandon a portion of SW 7th Street which abuts their residential property located at 504 SW 7th Street in Lake Boynton Estates. The subject property is an unpaved 50-foot wide right-of-way which lies south of the intersection of SW 4th Avenue and SW 7th Street, and dead-ends 120 feet south of the intersection, at the southern boundary ofthe subdivision. The portion requested to be abandoned consists of a shell rock stub-street 50 feet in width by 120 feet in length, and a total of 6,000 square feet (0.138 acre) in area. Per the survey submitted with the application, the platted right-af-way segment is legally described as follows: That portion of Valencia Way, a 50 foot wide right-of-way, lying between Lot 1, Block 21 and Lot 16, Block 22, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 17, said portion being bounded as follows: On the east by the west line of Lot 16; on the south by the westerly prolongation of the south line of Lot 16; on the west by the east line of Lot 1; and on the north by the easterly prolongation of the north line of Lot 1. (The street was originally platted as Valencia Way and later renamed Southwest P Street). The Location Map (see Exhibit "A") shows the general vicinity of the portion of the right-of-way to be abandoned. The Proposed abandonment (see Exhibit "B") depicts the exact location of the subject property and its boundaries. The following is a description of the land uses and zoning districts of all properties that surround the subject portion of the public right-of-way requested to be abandoned: North - The intersection of SW 4th Avenue and SW 7th Street in Lake Boynton Estates zoned R-1A; East Two single-family residential lots at 188 and 190 Hemming Way (Lots 9 and 10 of Crystal Key at Woolbright Place) zoned PUD; Single-family house at 504 SW 7th Street (Lot 16, Block 22 of Lake Boynton Estates, Plat 2) zoned R-1A (applicant's property); and, Single-family house at 700 SW 4th Avenue (Lot 1, Block 21 of Lake Boynton Estates, Plat 2) zoned R-1A. South - West - Page 2 Memorandum No. PZ 05-234 ABAN 06-002 BACKGROUND Per the application submitted for the abandonment request, the applicants' rationale for abandonment of the subject property include the following: (1) the City does not maintain the road; (2) the road cannot be used as a road or to build on due to utilities that exist underground, and (3) the owners would be able to construct an addition to their existing home extending out to the property line that exists prior to the abandonment. The subject portion of the 50 foot wide right-of-way lies within the boundaries of Lake Boynton Estates Plat 2 (see Exhibit "A-l"). The approved plat was recorded in Plat Book 14, Page 17 on May 26, 1925. The plat contains a reversionary clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy of a title opinion (ownership and encumbrance report) for the subject property. ANALYSIS When a right-of-way such as this unimproved road is abandoned, the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State law (~336.12). Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicants questing this abandonment are the owners of the abutting property to the east (504 SW 7th Street). Public . ~cords indicate that Andrew and Lenoria Clark own the abutting property to the west (700 SW 4th Avenue). If the abandonment request is approved, the applicants would receive the eastern one-half of the right-of-way (25 feet in width by 120 feet in length, a total of 3,000 square feet), and the Clarks would receive the western one-half of the right-of-way (25 feet in width by 120 feet in length, a total of 3,000 square feet). Currently, the applicants' property is a corner lot with double frontage, and access to the applicants' residence is from SW 7th Street, the subject property requested to be abandoned. The applicants propose to construct an addition on the west side of their residence, which currently is considered the front of the house. The proposed addition is not indicated on any submitted plans, but per the application, is to extend to the existing west property line of Lot 16. Should this request be approved, the following changes would take place as a result: (1) the existing corner lot will become an interior lot with vehicular access from SW 4th Avenue; and (2) the north side of the residence adjacent to SW 4th Avenue will be considered the front of the residence for setback purposes (structure is in compliance with required 25 foot setback). Most likely, a portion of the shellrock road will become a private driveway, with access from SW 4th Avenue, and residential parking on the west side of the residence. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4, of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. A summary of the responses from the city staff is noted as follows: cm DEPARTMENT / DIVISION Public Works / Engineering City water line located in right-of-way No objection to requested abandonment Support Abandonment with Dedicated Easement (see Exhibit "c" - Conditions of Approval) Page 3 Memorandum No. PZ 05-234 ABAN 06-002 Development I Planning and Zoning No objection to requested abandonment Support Abandonment with Dedicated Easement (see Exhibit "C" - Conditions of Approval) Recreation & Parks I Parks No objection to requested abandonment Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as follows: PUBLIC UTILITY COMPANIES Bellsouth No objection to requested abandonment with 5 foot utility easement (along Sand W boundaries of right-of-way) No objection to requested abandonment with 5 foot utility easement (along Sand W boundaries of right-of-way) No objection to requested abandonment No objection to requested abandonment N/A Florida Power and Light Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Letters from Florida Power and Light and Bellsouth indicate their utilities are located along the western and southern boundaries of the portion of right-of-way to be abandoned, and a utility easement of five (5) feet in width is required. The required utility easements were recently executed by the applicants and recorded into public record. RECOMMENDATION Staff has determined that the subject portion of this stub street no longer serves the public for access purposes and, with establishment of the utility easements, the limited use of the subject property for utility purposes would be preserved. Therefore, staff has no objection to the request for abandonment and recommends approval of the request based on the above. Any additional conditions recommended by the Planning and Development Board or by the Commission will be placed in Exhibit "C" - Conditions of Approval. 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III.. .. .....I. ,",-'L ~ !f' I, .--.:----..i...~----=~-,-~w... - . -~~- --f ,u--------l r-;--~~~l r~~~;~: ~~~ r;xy, Q .-_..~~ \ .\-; - ._~ ---' .-!.'...... ....-_. . --j-::--..".~~:~.;.:; ~--------:---~_____............-c. , i I ' , } ; , _ r . t. ; f.- f ,f ' 't.. , 1'- -\, t, , t' .' I !' ;1" f' i I ..' : ~ I ~ . ~ I'i ., > , !. I ~- t. ; : ,~ , , '. .f } ~':. : 1~" . I . ~, f ~ ; ~ i; :, r:> ~ I , f I' r f' . :{ ! 1': I f' ~ , ~ I, t" : 1 -! ~ i >-~ l' ~' .,' . f t.> : ' i, ~ It,,? >t -t .~ : ' r { ~" 1" " t' 'J. '.t' <~ t. ,; :~,. :1- '. ~ . t ~ ,I) '.' .r'; J, .~ .p I,. ',' . i. : f . 1 , 'i r ,l s- I' t' , i ,I: if' f~ .~: .,t,' i-, t EXHIBIT A-2 1 '", . I . ~~~/l LAKE BOYNTON ESTATES PLA11<:~",,', .: t I ~~"'''''''' I I I -~:S .'" I I ", I ~",':bt:: ", I I 4 I " ~ ":1 I I I \., . ~~ I I PLAT L1MI'TI ,_: rs' U.E. :yt;\vi N'188~2~'! ~'__ t_ _*__ ___ .~ -ga:uo-'- 0 --'4 : (J ~1J.Q"- - 4,ZJJ[ _ _3ZJJcr_ -NOl'3Y41'W-- 21~~-~----~ .~31\~12'C--'- 27.50' _ _ - - - - - - - - - ..J I // " ,- ~ J;;EW=~A-l;< - ~I'-I'-: - L -- - -- ""--7-- . --"<...-Yu,.;) [;.~~..:> [;.'''I\. I. ~ / .,' ~______ ___'-.J Cl R=50~OO'j ." 6=108"17',50..... ~ 6=282"96'34" L;::o94.51 ~ 9 ~ L=246.19' I' \ 8 }... (:) . . 12'\-- \ :r Cl 5,250 \ \ 10.ri . 7,942 ~ N S.F. 3: ! \ S.F. C; l-::: I ,~z cS> ,~, I ~.~~ '~I\ / ~ ,<J)" ,,' q \ 1"-/ W ~ }..... ...r ";~ ~~ ',1 \b~'Y, t . 0 b..(fJ. 1/'. z:;,.. ~ }... '<t 10 10' CRYSTAL KEY PUD ~ 10 5,250 S.F. 1 l 5.250 S.F. .- o z 42.00' 42.00' 42.00' 42.00' R::::65.00" . N88'26'l3"E ~=O8'49'O" '.~ , , N88"26'13"E L==10.01~ \4- \.~ R=45.00'..0 HEMMING , ~~)~~6~'1O N . N88'26'l3"E , ' r1 37.42' l. 42.00' I 42.00' 1 42.00' F "/--1D-T-~---~---- ---~- - _. 0." ------ .--,'~ --..- - - - -- - - -"- -~- - -- --" ~ t:^Hltsll -rh//S /& Il/OT A 80t/A./D4ZY 8VRV~Y BK13-rc.l-/ 7?J -4 (!C'OMP4vY t.~4{' D6BC,€/PT/tJ;{/ ~ t ~ ~ I " 4J ~ . 'C)~ SJ "-) ~~ , ~ ~ ':( ~ ~ ~~ ~ ~~ ~~ , "{ ~\Jj \{\ ~ ~ . \,..,11 - T t:.Cl T ;?4 8t..OCJK 2/ 2"5 . ;?5 - >- ~ ~~ & :~~li ~~ ~ 'J ~ ~ ~ {.. CEM'TeI2C1IVE 1.2 /IV= k? /G/-IT O,c NA~ ~ ~ J i . J DR f ~ SCALE . .. I \II \\II ct 6(J',tZ IN' FEI2A/ .sTl2eE T (Plk7J B.W 47# AVE,vtYE: 6lJ . /.2 I J(/ ~ ~ ~ ~ \) ~ 'v ,~ ~ ~~ ~~ ~ ~ ~, "'~ "- ~ ~ ~ ~ ~ " ~~ ~}: ~~ ~ '''{ ~~~ ~ \,j) ~a T /7 ~ ~ CJCK: ?Z d 20 30 ~ L. ~ I GIZ.,4,PJ./IC SC41.1E /'/.::=~ . 561-586-2669 SHEET 2 OF 2 REFERENCES 5-1'7'1 S 7 P80 :J2 JOB NO. Y-tJ.5-19- 83 s- 4e 484 1121 lAKE AVE. MILLER LAND SURVEYING /2PJ FIELD J.. tJ . DATE 8/~/ /t7..5 LAKE WOHTH. FLORIDA 33460 ... 1 in. = 41.5 feet . t221 0231 0021 0010 0170 0181 0191 01.51 0141 013 09 0 11 12 13 1 Location of City Water Lines ~.."'...{' ".'r, .~ I . ",' I.) (A'AT h~H it vi ,,) A 1'1f ' ~~'/..I' '7 .dve. (SO' ~(/..I) ! (2d(PAv<=~) : , i EX'H l.illJ ~ 5.) lhi~i(~:' U;~i;=.:ili~~ F.41~J.'784]. for 90 ;';~'r~l~;'~d~~~u. arld ~ppet. "li~ mllp/report i. for infof1:l~r' . I.~ seal ora Flo~da licensed IUrveyor 6.) ThIS fll1l1S "Certilialle of Authorlzall ,:.,' ""ber~es OO,ly Md IS not valid. . I . . on nun! IS" lJ 6138". I .Fa I \ -Pk.'~NL:VL -~. / ---t--- , ~ .:: lJi ~~~ N ~ '~.J :. .~~ . (1 j o , '-v c<? . . "'1 ~. . 'Il ~ . ~ I ~ \Q ~ I , ~ . 'i' 't .. I l/\ 3 i . . .~#-.. ~ . ~iJ~: ,cP.S/s" 1.,At'AEi2IAl. I I q?u.,'TY d vt:.~ I I StJvnt t. IA../ IC ' : 4' .-4LAC U'I 1U4J ~~ ~~ ~~ , ~~ 1\:" ~~ '-J~ ~~ ~" ~~ ~ (Or '24- &Leck: Zj ... . ~ , . , LEO END CALC. . CALCUl"TEO C B 9 .. CONCRETE BLOCK SIRUC lURE ( . CUURlINt C.M . CONCREIE MONU"'ENI CONC. . CONCRETt O.E . OfIAINAGE EASE 0" . OMIN "UO -(.E.E. . AERIAL UTllllV WIRES lASE. . EASEMENI lLEY. . ELEVATION SCALE IH:: ~' J A e. OR FIElO toA ~ D~ ....,.Q . ^ 'T- "7l:J" e:- I l' /./.441< (/ /op,:- .UNC') <?Sf I 8elLpNC:; rIT&1Ck i ; p ~ ,. " i-... ' ~'\J~ ). ~. ~~. :t ~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ )~ ~ ~ ~ ~ " ~~ 1\0 .~ ~ lc\ a~ .:" \i .' I I I 7)Y /",/fETV= ' (<:U~ K : Z I I J Inl '- ~ o !-- ~ ~ '{ " J . .j\ ~ \1\. ".; & I ~ ! S'(/.C' .....:. ..J..; ! .~:ri ::v~ ~~ so' . I 37.5 ~ $. /.l? -(~ B ~83! '-l '- .'Zl ! t .. R). tI..,. - t~'i~'~q ~ (tt.'7 'weJ7) 6 'de /<:... b/Nq ,4cf< 4?:! t.t. t'NISHEI)Fl()()R to. . tOUNt! IP. . IRON PIPE I R. ' IRON ROO I.Il. I C.' '4" IRON ROO WI PLASTIC CAP LABELED "Ml.S INC., LB G>8.38 L . ARC lENGTH ME AS. . MEASURED NITT' N"1l1 TIN TAB N I W . NAIL I WASHER N.O.Y.D. . NATIONAL OEOOETlC VERTICAL DATU'" B.R . BEARING REfERENCE D n.D. . OffiCIAl "ECOIID BeOI< P B. . P1."1 BOOI< P. C . POINI ot CUIIV" n.'RE P C.C. . pOINT Of' COIM'OUHO CURVATURE PCP. . PERMANENT COl'ITRDt POINI P .O.B, . POINT Of' el!OINNlHG P O.C. . POIHT 01' COMMEHCEMENT p.R.C. . POINT Of' "IYEASE CUIIVAIUflE p.II.... . PERMANENT REfElIENCE MONUMENT P.1. . POINT OF IN rEASECTtON R . RAPIUS R/w' nIGHI- ot. WAY S S I W . SHIP SPjK~ I WASHER lift . SEPTIC T AHK U ( . UTILITY fASEMENI 0. . CENTRAL AHOlE _a "a-a" . CH"'N L1NI< FENCE -0-0& . WOOD FENCE ~ . CONCIIF.lE tLATWORI< MillER lAND 1121 LAKE AVE. ~1-588-2669 LAKE WORTH. FLORIDA 33480 s- /4. I e; '1 EXHIBIT "e" Conditions of Approval Project name: Abandonment of a Portion of SW 7tl1 Street File number: ABAN 06-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Dedication of a Utility Easement for City utilities within the right-of-way to X be abandoned is required. POLICE Comments: None X ENGINEERING DIVISION Comments: 2. No structures or landscaping shall be placed within the confines of the X required utility easement without the express written consent of the Engineering Division of Public Works. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 3. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. To be determined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S:\Planning\SHAREO\WP\PROJECTS\504 SW t~ Street ABAN\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 504 SW 7th Street (ABAN 06-002) APPLICANTS! AGENTS: Thomas and Christine Ruffini APPLICANT'S ADDRESS: 504 SW 7'h Street, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2006 TYPE OF RELIEF SOUGHT: Request abandonment of SW 7'h Street, a 50 foot right-of-way, the portion located between Lot 1, Block 21 and Lot 16, Block 22 of Lake Boynton Estates, Plat 2. LOCATION OF PROPERTY: Located south of the intersection of SW 4th Avenue and SW th Street, and west of 504 SW 7th Street, near the south boundary of Lake Boynton Estates. DRAWING(S): SEE EXHIBIT "B" A TI ACHED HERETO. X THIS MA TIER 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 JATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\504 SW 7111 Street ABAN\DO.doc E~"f.Y=O~ .::.=.:..:. /:::.=^:::-:;.~. I)} -;-.~'. ;::-=u_ :r o,~~ ~;): 1"0N '" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 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 ~ April 4, 2006 March 20, 2006 (Noon) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (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: Approval of Ordinance amending Park and Recreation Facility Impact Fee regulations. EXPLANATION: The City currently has a procedure that requires a park and recreation facilities impact fee. The collected fees are a source of revenue to fund the construction or improvement of the City park system necessitated by future growth. The City regulations allow for a dedication of land in lieu of a payment of a fee under certain circmnstances. The City Commission has expressed a desire that the Commission participate in the determination of feasibility at a point earlier in the review process. The revised Ordinance modifies all of Chapter I, Article 5, Section 3 of the Land Development Regulations to clarifY and modify the review process, to eliminate redundant language, and to eliminate references to utility fees that are superfluous to the park and recreation facilities impact fee regulations. More specifically, the Ordinance: Deletes the reference to land reservation by developer to accommodate regional or metropolitan parks Establishes that impact fee payment is due prior to the issuance of a building permit or approval of a plat or re-plat Allows for either the City or a developer to propose land donation in lieu of the payment of impact fees Requires a proposal for land donation to be considered by the City Commission at a public hearing prior to completion of staff review of an application Eliminates a cross-reference to provisions of Chapter 26 of the Code regarding utility fees PROGRAM IMPACT: The modified procedure set forth in the proposed Ordinance will facilitate staff review and expedite the fee versus land donation analysis. The proposed review process should represent a cost savings to the development community as it allows earlier Commission review of the land versus fee option. FISCAL IMPACT: None. AL TERNA TlYES: City Attorney / Finance / Human Resources Departm Development Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 06- O:Q::> 3 4 AN ORD]NANCE OF THE CITY COMMISS]ON OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING PART II], LAND DEVELOPMENT 7 REGULAT]ONS, CHAPTER 1, ARTICLE V, IMPACT 8 FEES AND DEDICATIONS, BY DELET]NG SECTION 3 9 IN ITS ENTIRETY AND ADOPTING A NEW SECTION 10 3, PARKS AND RECREATION FACILITIES IMPACT ] ] FEE; PROVIDING FOR AND ESTABLISHING 12 PROCEDURES FOR THE CALCULATIONS AND 13 COLLECTIONS OF A PARK AND RECREATION 14 FAC]LITIES ]MPACT FEE; PROV]DING FOR ]5 CONFLICTS, SEVERABILITY, CODIFICATION AND ]6 AN EFFECTIVE DATE. ]7 ] 8 WHEREAS, the Comprehensive Plan, by Policy No. 1.8.2 requires a review of the 19 Parks Impact fees every five years; and 20 21 WHEREAS, as a result of this review, staff recommends the imposition of a park 22 and recreation facilitates impact fee to provide a source of revenue to fund the construction 23 improvements of the City park system; and 24 25 WHEREAS, the implementation of this ordinance will ensure that all future 26 residential land development creating an impact on park and recreational facilities within the 27 City shall bear a proportionate share of the cost of capital expenditure necessary to provide 28 such facilities in accordance with the open space and recreation element of the 29 comprehensive plan; 30 31 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 32 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 33 34 35 Section 1. The foregoing Whereas clauses are true and correct and incorporated 36 herein by this reference. 37 38 Section 2. Article Y., Section 3, is deleted in its entirety and in its place, a new 39 Section 3 is adopted as follows: 40 41 Section 3. Establishment of parks and recreation facilities 42 impact fee or land dedications in lieu thereof. 43 44 a. PURPOSE. This subsection is enacted to insure that future land development 45 within the city provides land and facilities for park or recreational purposes in S:\CC\WP\ORDlNANCES\2006\Park Fee Ordinance version 031706.doc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 , 37 38 1 2 accordance with the open space and recreation element of the comprehensive plan adopted by the City. b. IMP ACT FEE IMPOSED. A park and recreation facilities impact fee is hereby imposed on all the development of all real property that is hereinafter developed or redeveloped for residential use within the city limits. c. PURPOSE OF IMPOSITION OF FEE. The imposition of a park and recreation facilities impact fee is to provide a source of revenue to fund the construction or improvement of the city park system necessitated by growth, as delineated in the capital improvement element of the proposed comprehensive plan. The purpose of this section is to ensure that all future residential land development creating an impact on park and recreational facilities within the city shall bear a proportionate share of the cost of capital expenditure necessary to provide such facilities in accordance with the open space and recreation element of the comprehensive land adopted by the city. d. APPLICABLITY OF FEE The provisions apply to development, including the residential component of mixed-use developments. The provisions of this section shall not apply to nonresidential property. e. DEFINITIONS. When used in this section. the following terms shall have the following meanings. APPLICANT - The person or entity applying. or required by the city code to apply. for a building permit for the construction of three or more dwelling units, or for the construction of one or more dwelling units within a development of three or more units. Applicant is synonymous with owner. DWELLING - A living facility for one or more persons. such as a one-family house. an apartment or a condominium. IMPACT FEE - Park and recreation facilities impact fee. OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance. PARK - A public park within the city that is not owned or operated by the county. RESIDENTIAL UNIT - An apartment, condominium, single-family detached house. mobile home, single-family attached house or multi-family housing established for human habitation. f. TIME OF IMP ACT FEE PAYMENT. Payment of park and recreation impact fees or transfer of title to land conveyed in lieu of a cash payment, shall be made prior to the issuance of a building permit. or prior to approval finality of an development order approving an application for plat or replat, whichever occurs first. S:\CC\ WP\ORDJNANCES\2006\Park Fee Ordinance version 031706.doc ') .) g. IMPACT FEE CALCULATION. The formula used to develop park and recreation facilities impact fee assessment is set forth as Appendix A at the d f this chaQter en 0 h. IMP ACT FEE AMOUNT. The established park and recreation facilitie impact fee per residential unit is as follows: Type of Dwelling Unit Impact Fee per Dwelling Unit Single-family, detached $940 Single-family, attached $771 Multi-family $656 J. CREDIT TOWARDS IMPACT FEE IMPOSITION. Where a buildin consisting of one or more dwelling units is replaced by another building 0 one or more dwelling units, there shall be a credit against the payment of th fees originally paid or assessed. J. LAND DONATION AS IMPACT FEE OBLIGATION SATISFACTION. Some or all of the park and recreation facilities impact fee obligation may b satisfied by dedication of land to the City for park and recreation facilities The process of donation may be initiated by the applicant or the City upon th formal filing of a development application and prior to the completion of staf reviews. When City staff anticipates tbe need for a land dedication in lie of an impact fee, City staff shall notify the property owner/applicant a the pre-application meetinl?;. Staff's notification to the property owner/applicant shall include a statement that only the City Commission has tbe autbority to decide when a land dedication will be required in lieu of tbe payment of tbe impact fee. In either case, the decision to accept land in lieu of a fee is reserved to the City Commission. (I) When either an applicant or the City proposes a land dedication in lieu 0 all or part of the required cash fee, the applicant shall submit to the Director of Parks and Recreation a proposed plan for the dedication 0 land for impact fee satisfaction. The proposed plan shall include a legal description of the land and a written appraisal of the land, along with a proposed date for the donation of the land. Upon receipt of the proposed plan, the Director of Recreation and Parks shall schedule a hearing before the City Commission at the next regularly scheduled meeting for the purpose of reviewing the proposed plan, and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held in accordance with the City Commission rules for conducting quasi- iudicial hearings. The City Commission, following a written S:\CC\ WP\ORDINANCES\2006\Park Fee Ordinance version 031706.doc 4 5 s 6 7 8 9 g f e JO 11 12 13 ]4 15 16 17 18 19 20 2J 22 23 24 25 26 27 28 29 30 31 32 33 e e f u t f f 1 2 3 4 5 6 7 8 9 10 11 12 recommendation from the Director of Parks and Recreation and the City Manager, shall, following the public hearing determine whether it shall require a land dedication in lieu of a fee by consideration of the following: a. Suitability. The land should be suitable for future park and recreation facilities based upon the size, shape, topography, geology, access and location of the proposed development; b. No defects. The land must have no known physical problems such as problems with drainage or flooding, or on-site safety hazards associated with it; c. Consistency. The location of the land and its potential for development should be consistent with the city's Recreation and Parks Strategic Plan. (2) Nothing contained herein should be construed to prevent the City Commission from exercising its authority to decline the donation of land as partial or full satisfaction of the park and recreation impact fee. 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 (3) The fair market value of said land dedicated in lieu of a cash fee will be credited to the applicant against the impact fee as set forth in this section. If the fair market value exceeds the applicant's impact fee obligation, the reimbursement will be made to the applicant by direct cash payment from the trust fund. (4) The value of the proposed land to be dedicated shall be based upon a written appraisal of fair market value by a qualified and professional appraiser, and based upon comparable sales of similar property between unrelated parties in a bargaining transaction, if available. The appraiser must: be a Member of the Appraisal Institute (M.A.!.); have his or her principal office for business in Martin, Palm Beach or Broward County; and have been qualified to testify as an expert on land valuation in a court proceeding in at least three (3) legal proceedings involving a governmental entity. The fee of the appraiser shall be paid by the applicant when a dedication in lieu of a cash fee is requested by the applicant and by the City when the dedication in lieu of a cash fee is initiated by the City. k. USE OF PARK IMPACT FEE PROCEEDS. (1) The funds collected pursuant to the Park and Recreation Facilities Impact Fee Ordinance shall be paid to the city, and placed in a trust fund to be known as the reserve for parks and recreational facilities. S:\CC\ WP\ORDINANCES\2006\Park Fee Ordinance version 031706.doc I 2 (a) This account shall be used solely for the acquisition, improvement. expansion or implementation of parks and recreational facilities in the city. " j 4 5 6 7 (b) Funds shall be used first for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by purchasing land or by improving the land for park and recreational purposes. 8 9 10 (c) If both adequate land and improvements exist in the area, funds may be spent to acquire or improve park and recreational facilities elsewhere in the city. 11 12 ]3 14 15 16 17 18 19 20 21 22 23 24 25 26 (2) The amount of the park impact fee collected pursuant to this ordinance plus any interest accrued may be returned to the person or entity that paid the fee, upon petition for refund, only if such fees have not been expended or encumbered by the end of the fiscal year immediately following the sixth (6th) anniversary of the date upon which such fees were paid. (3) Refunds shall be made in accordance with the following procedure: (a) The completed petition for refund must be submitted to the Director of Parks, via certified mail return receipt requested, and shall consist of: 1. A notarized sworn statement that the applicant was the entity that paid the impact fee; 11. A copy of the dated receipt issued for payment of the impact fee or such other record that would indicate payment/credit for such fee; 111. A certified copy of the latest recorded deed; and IV. A coPY of the most recent ad valorem tax bill. 27 28 29 30 31 32 33 34 35 36 37 (b) Within ninety (90) days from the date of a receipt of a complete petition for refund: 1. The Director of Recreation and Parks will advise the applicant of the status of the request for refund; and 11. If such impact fee or portions thereof have not been spent or encumbered within its applicable time period, then the fee or portion thereof not spent or encumbered shall be returned to the applicant. (c) For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of first fee in, first fee out. S:\CClWP\ORDINANCES\2006\Park Fee Ordinance version 031706.ctoc Section 3. Each and every other provision of Chapter 26, not herein specifically 2 amended shall remain in full force and effect as previously enacted. 3 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 4 same are hereby repealed. 5 Section 5. Should any section or provision of this ordinance or portion hereof, 6 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 7 invalid, such decision shall not affect the remainder of this ordinance. 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 8 Section 6. 9 Section 7. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately after passage. FIRST READING this JiL day of -.11J'J.A..C!1v , 2006. SECOND, FINAL READING AND PASSAGE this day of , 2006. ATTEST: City Clerk (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:ICCI WPIORDfNANCES\2006IPark Fee Ordinance version 031706.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1\-. 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 OfficI; ~ April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon) 0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April J 7,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NA TURE 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 "lECOMMENDATION: Motion to amend City Code of Ordinance, Section ]8-135 to establish procedures for the Jection of the three (3) elected Trustee positions of the General Employee's Pension Board. EXPLANATION: The General Employee's Pension Board, by unanimous vote, has determined a need to provide an election procedure for the conduct of elections of members of the Board. These procedures include: · The composition of the Board. · Vacancies. · Conduct of Elections. PROGRAM IMPACT: To ensure that elections are conducted according to a set standard as dictated by the City's Code of Ordinance. FISCAL IMPACT: N/A AL TERNA TIVES: Not to establish eJection procedures. ID ~~~. ~ Ci11/m. Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 ]0 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 ORDINANCE NO. 06 - Da ft, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH TO CODIFY THE PROVISIONS FOR THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE GENERAL EMPLOYEES' PENSION PLAN OF THE CITY OF BOYNTON BEACH, FLORIDA, PREVIOUSLY PROVIDED FOR BY RESOLUTION; PROVIDING ELECTION PROCEDURES FOR THE CONDUCT OF ELECTIONS OF MEMBERS OF THE BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, S 18-55 of the Code of Ordinances of the City of Boynton Beach, Florida ("Code of Ordinances") provides that the Board of Trustees ("Board") of the General Employees' Pension Plan ("Plan") shall consist of the members of the City Commission unless otherwise provided by resolution of the Commission; and \VHEREAS, Resolutions 85-77 and 00-40 made provisions for the appointment and election of members of the Board other than members of the City Commission; and WHEREAS, S 18-138 of the Code of Ordinances of the City of Boynton Beach, Florida provides that the Board of Trustees may promulgate written rules regarding the administration of the General Employees' Pension Plan ("Plan"); and WHEREAS, the Board of Trustees of the General Employees' Pension Board desire to adopt formal procedures for the conduct of elections and filling of vacancies for the members of the Board; 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 hereby ratified as true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach hereby amends Section 18-135 of the Code of Ordinances, entitled "General Supervision," as follows: ~18-135 Cenera) Supervision.Board of Trustees. Page 1 of 5 JFK: S:\CA \Ordinances\Pension\Election Procedures (2).doc 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2 3 4 5 6 The general supernslOn of the administration of the plan sholl be by the council, acting as the board of trustees. ( a) Composition of the Board. The composition and terms of the seven (7) members of the Board of Trustees of the Employees' Pension Plan of the City of Boynton Beach are hereby established as follows: 7 (1) The Mayor 8 (2) The City Manager (3) Two (2) individual citizens who shall be appointed by the City Commission to serve for three (3) year staggered terms. (4) One (1) employee representative member shall be elected at- large by the members of the Plan to serve a three (3) year term. (5) One (1) employee representative member shall be elected to serve a three (3) year term by all members of the Plan from the general membership of the Plan, provided the member is a member of a bargaining unit of the City of Boynton Beach. (6) One (1) employee representative member shall be elected to serve a three (3) year term by all members of the Plan from the general membership of the Plan, provided the member is not a member of a bargaining unit of the City of Boynton Beach. (7) Employee representatives on the Board must be actively employed at the City to be elected to the Board. An employee who enters the DROP as provided in & 18-127, may continue to serve out the remainder of their term on the Board, but an employee representative may not be elected to the Board if they have already entered into the DROP prior to the election. (8) The terms of the employee representatives on the Board shall be staggered. (b) Vacancies. If an elective seat on the Board is vacated for an reason an Page 2 of5 JFK: S :leA IOrdinanceslPensionlElection Procedures (2).doc I 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 election to fill thc vacated posItIOn shall be conducted. However, if an elected Board mcmber retires before the expiration of their term, such board member may continue to hold such elective seat for the balance of their elected term. (2) If an appointive seat on the Board is vacated for any reason, the seat shall be filled by appointment by the appointing body. (3) A replacement member shall serve on the Board for the unexpired tern1 of the person replaced. (c) Conduct of Elections. (1) The Board of Trustees shall be elected by a per capita vote of all employees, retirees and individuals who are on approved disability leave. The candidate( s) receiving fifty percent (50%) plus one (1) of the votes shall be declared elected and shall take office as soon thereafter as qualified. (A) Such election shall be conducted by first class mail. Such mailing shall include: (i) a letter of instruction written in a manner calculated to be understood by the average recipient; (ii) a ballot approved by the Board; (iii) a Board approved form which contains a description of each candidates' profile or description of qualifications which has been submitted to the pension office by the candidate no later than thirty (30) days prior to an election; and (iv) a postage paid return envelope. (B) Mail ballots must be received in the return envelope .by the deadline provided by the Board. Page 3 of5 JFK: S:\CA \Ordinances\Pcnsion\Election Procedures (2).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (C) All ballots shall be received and counted under the supervision of the Pension Administrator or other designee( s) of the Board. (D) Only one (1) ballot per member shall be permitted. (2) The Board may rely on the address maintained by the City's Human Resource department as accurate and current with respect to persons entitled to vote for the purposes of notice and mailing ballots. (3) Notice of the election shall be provided to all qualified persons entitled to vote in person, by mail and by notice posted on City bulletin boards and included with members paychecks and pension or disability checks ninety (90) days in advance of an election. Candidates may register to run for a position on the Board sixty (60) days prior to the conduct of the election. The ballots shall be mailed out thirty (30) days prior to the election date. (4) The results of the election shall be placed on the next Board agenda immediately following the election for certification of the election results. Section 3. Should any section or provision of this Ordinance or any portion 19 thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall 20 not affect the remainder of this Ordinance. 21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 22 repealed. 23 Section 5. This ordinance shall become effective immediately upon its passage. Page 4 of5 JFK: S:\CA \OrdinancesIPension\Election Procedures (2).doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 FIRST READING this day 0 f ,2006. SECOND READING and FINAL PASSAGE this _ day of __~__ ATTEST: City Clerk JFK: S:ICA IOrdinanceslPensionlElection Procedures (2).doc ,2006, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Page 5 of5 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 C1erk's Office Meeting Dates in to City Clerk's Office ~ April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15, 2006 (Noon) D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2, 2006 April 17,2006 (Noon) D July 5,2006 June 19,2006 (Noon) D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon) '--.. .... NA TURE OF AGENDA ITEM D Administrative D Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report --~ .'-':;" D Development Plans ;CJ I D New Business GJ r8J Legal D Unfinished Business D Presentation ~-' ~.-..:.... .(:1 ) ., , ~=-., '.- - - ......... .=-:- _u _.... " ~;--J ~-;-) ;7> I '(j lECOMMENDA nON: Motion to approve Ordinance #06-_, amending Chapter 18, Article II, Division 4 of the Code of Ordinances for the City of Boynton Beach to create Section 18-l28, Entitled "Elective Benefits;" codifying the elective benefits available to members of the General Employee's Pension Plan. EXPLANATION: The Board of Trustees ofthe General Employee's Pension Plan recommends that elective benefits be codified so as to ensure all participants have adequate notice of such elective benefits and the regulations applicable to their application. PROGRAM IMPACT: Tbis will ensure tbat all members and future members of tbe General Employee's Pension Plan will bave adequate disclosure of tbe elective benefits available to them under the General Employee's Pension Plan. FISCAL IMPACT: N/A AL TERNA TIVES: Not to codify tbe elective benefits of tbe General Employee's Pension Plan and rely on currently ineffective metbods of communicating benefits to tbe members. Department Name City Attorney / Finance / Human Resources ~J~ ~ ~ cptlrf!! Department Head's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 006- E OF TIlE CITY OF BOYNTON BE ACIl, rroING CIlAyrE1l18, AJlTlCLE 1\, SECTlON 4 OF OlUJ1NANCES OF TIlE CITY OF BOYNTON DA TO CREATE SECTION 18-128, ENTlTLED BENEFITS;" CODIFYING 11lE ELECTIVE AlL ABLE TO l\fEMBEllS OF TIlE GENEllAL 1'ENSI01'1 1'LAN; 1'llOVIDING FOll 1'1; 1'llOVIDING FOll CONFLICT; 1'llOVlDING IUTY; AND 1'llOVlDING AN F.FFECTlVE DATE. elective benefits have heen available to the participants of the 1'lan (the "Plan") of the City of Boynton Beach since December ard of Trostees of the Plan (the "Board") recommends that such d so as to ensure all participants have adequate notice of such elective applicable to their application; and City commission adopted Ordinance No. 000-75 on January 2, pre-retirement death benefit for General Employees as set fortb il e of Ordinances; and ce thc adoption of Ordinance No. 000-75, the City bas ceaS! tbe elective benefits entitled "1're-lletirement Monthly Snrvi' Words in ~ typc are deletion from existing law; Words in ~ type are additions. between I" and 2'" reading. Amendments are shown in bold type. Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 \ 19 20 21 22 3 -- (f I WHEREAS, the City Commission has reviewed lbe tec0lJlmencl8lion. of Ole ~.and finds the amendments to the Plan proposed by lbe lle;u-q asPIOvidedhere;" to be inOleliest interests of the Plan, its members and the City; NOW, THEREFORE, BE IT Oltl)~1lY _ CI!r\r e~__ CITY OF BOYNTON BEACH, FLORIDA, TDAT; ~ction L The foregoing "WIillREAS. clauses are ~ Certified as beina-lhIalilld eOlTect and are incorporated herein by this reference. ~ection k The City Commission of tlre City or ~n B...." ~.~ Chapter 18, Article II. Division 4, * 18-128 of the COde of Ord~ Gfllle CJtyOf~~ Beach. Florida, entit/ed "Elective Benefits" as fOllows; 18-128 Elective Benefits. throu CODING: Words in ~ type are del~O/) :/ion,. e"ist;"g law; Words in ~ tyPe are addihons. Amended between 1" and 2"" reading. Amendments are shown in ........ type. Page 2 of8 I ;:;'<:":~~'>;; ;";,'i;i;:f.~iiN;J~j!ilil~ik,b~j(~j!if~j$~~iii;ji'~~~~i~4;.~~~:\mB)::!i\:~j;-iMl::u~;i.!:ifj;:it;iil,~;&irJil~i~i.iki~}1f~d;;,;~k~.i;i:!il~~gJj,~~;'i[;Jj: ~':.~;~"i;,;<d~:!;Sih~il<i!~~";tiiLfli~I1i~;j!iW;l~~;J,'i'!~k;:,'lii;:A~j~}iiitJj:~k'i:,;,.;,;j;~~;:';;J'ilL:;!:;'<j\;::Ji';;':<~.'i.,~;,~;:;:,,".';';';,i,i~ ....:.~. 1 2 3 benefit shall be actuarially determined on an annual basis based upon the premiums to fund the various options selected. Any change in rates associated with the elected benefit options selected is passed on to the participant. 4 5 6 7 8 9 10 11 (d) In the event of death before retirement of any participant, all premiums paid shall be refunded to the beneficiary. If the employee was eligible for normal retirement and the retirement annuity option had already been selected by the employee, the deceased member's earned pension amount will be actuarially reduced to a ioint and survivor form and two -thirds (2/3) of this amount will be paid to the survivor for their lifetime. For the 25 Year Retirement at Any Age benefit option, the retirement factor used shall be the factor which provides the most benefit to the employee. 12 13 14 15 16 17 18 (d) Elective Benefits. There are four (4) elective benefits options available. A member may select as many as they desire, but will be required to pay for each option selected through a payroll deduction. A member may select either the Health Insurance Subsidy or the Health Insurance Subsidy with 2% per year COLA, but not both. Once either of the Health Insurance Subsidy benefit options is selected, the member may not change to the other form of Health Insurance Subsidy benefit option. The elective benefit options available are as follows: 19 (1) Option lA - Health Insurance Subsidy. 20 21 22 23 24 25 26 (a) The Health Insurance Subsidy will provide a monthly benefit up to $200 per month upon normal retirement. In the event of death prior to retirement, where the member is eligible for normal retirement and the retirement annuity option has been elected by the employee, the $200 per month will. be actuarially reduced to a ioint and survivor form of benefit and two-thirds (2/3) of this amount will be paid to the survivor for their lifetime. 27 28 29 30 31 (b) The amount to be received for the Health Insurance Subsidy at retirement is based on years of contributions by the employee. The full benefit of $200 per month is based upon twenty- five (25) years of employees contributions. A prorated benefit will be provided for years of contributions less than twenty-five (25) years. 32 Illustration for prorated Health Insurance Subsidy: 33 Member Age @ Hire 30 CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Amended between 1 st and 2nd reading. Amendments are shown in bold type. Page 3 of8 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 CODING: Member Age @ Retirement 55 Years of Premium Payment 5 (5yrsl25yrs =20%) Monthly Benefit $40.00 ($200 subsidy x 20%) Based upon this illustration, the employee contributed for five (5) years which represents 5/25, or twenty percent (20%) of the full benefit calculated period. Therefore, the Health Insurance Subsidy at normal retirement would be 20% of $200, or $40. (2) Option IB - Health Insurance Subsidy with 2% per year COLA (a) The health Insurance Subsidy with 2% Cost of Living Adjustment ("COLA") will provide an initial monthly benefit up to $200 per month at normal retirement in 1999. In the event of death prior to retirement, where the member is eligible for normal retirement, and the retirement annuity option has been selected, the $200 per month will be actuarially reduced to a ioint an survivor form of benefit and two-thirds (213) of this amount will be paid to the survivor for their lifetime. The $200 per month will be indexed by two percent (2%) per year, compounded for all affected members. (b) The amount to be received for the Health Insurance Subsidy with 2% COLA at retirement is based upon years of contributions by the employee. The full benefit of the indexed insurance subsidy per month is based upon twenty-five (25) years of employee contributions. A prorated benefit will be provided for years of employee contributions less than twenty-five (25) years. Illustration for prorated Health Insurance Subsidy with 2% COLA: Member Age @ Hire 30 Member Age @ Retirement 55 Years of Premium Payment 8 (8yrs/25yrs =32%) 1 st Year Monthly Benefit 2nd Year Monthly Benefit $64.00 ($200 subsidy x 32%) $65.28 ($204 subsidy x 32%) Words in strike through type are deletion from existing law; Words in underscored type are additions. Amended between 1 sl and 2nd reading. Amendments are shown in bold type. Page 4 of8 ~*<<.~iJ~i.eijlt'tl.ti;""~,,,, 'dt~"l'~"'~''''~~v,.~\,.;",~>t;oj-{'i;r~:ii;;;~~~~~'jm-~~~,.,m~'iiii.iil.;~~iif:i~;i4I;i'{~.i~"~~~~i~b;!l,':;!.1m~d~i.1.\~:;;!li!i~~"'t'i0:~,:<1:',L;'",,,.;:..i'< 1 (3) Option 2 - Cost-of-Living Adjustment ("COLA"). The Cost of 2 Living Adjustment ("COLA") provides a five percent (5%) deferred COLA 3 commencing five (5) years after retirement and compounded with additional 4 five percent (5%) increases every three (3) years thereafter. Spouse benefits. 5 if elected. would also be eligible for the COLA. but the actuarial equivalent 6 factors at retirement for conversion to the joint and two-third survivor benefit 7 would need to be updated. A prorated benefit will be provided for years of 8 employee contributions less than twenty-five (25) years. 9 Illustration of the Cost-of-Living Adjustment (COLA): 10 Member Age @ Hire 50 11 Member Age (ii) Retirement 62 12 Years of Premium Payment 12 (l2vrs/25yrs = 48%) 13 COLA Benefit 2.4% (5% COLA x 48%) 14 15 16 17 An employee that made full contributions for this elective benefit option would receive a 5% COLA. Since the illustrated employee contributed 12 years toward the COLA it has been prorated to 2.40% which represents 48% of the fully contributed percentage. 18 19 20 21 22 23 24 25 26 (4) Option 3 Pre Retirement Monthly Survivor Benefit. The Prc Retirement Monthly Survivor Benefit will provide a beneficiary having an insurablc intcrcst in thc employee's life with the greater of fifty percent (50~() of the accrucd bcnefit or hventy (20%) of the final year's annual rate of pay. This bencfit is cffecti',ely a one year renewable term insurance benefit. The benefit is not prorated, but is only in cffect while premiums are being paid. The value of the membcr's contributions is used to provide this co','erage and is therefore non refundablc upon the mcmbers separation from servicc. 27 Illustration ofthe Pre Retirement Survivor Benefit: 28 Member Agc @ Hire 25 29 Member .\ge @ Retirement 47 30 Years ofPrcmium Payment 6 CODING: Words in strikc through type are deletion from existing law; Words in underscored type are additions. Amended between 1 st and 2nd reading. Amendments are shown in bold type. Page 5 of8 1 2 Average Pay While Contributing $24,000 3 Percentage Cost per yeur .92% 4 Aggregate Premium $1,325 5 50% of l\.~.nual Accrued Benefit $6,831 ($13,662 x 50%) 6 20% of Final Year Annual Rate of Pay $5,280 ($26,100 x 20%) 7 Monthly Survivor Benefit $569 ($6,831/12mos.) 8 9 10 11 12 13 14 (5) 25 Year Service Requirement (any age). The 25 Year Service .Requirement (any age) would allow the employee to retire with twenty-five (25) years of service, regardless of age. This option will provide an increase in the early retirement factors based upon years contributed. The cost will be actuarially adiusted on an annual basis. A prorated benefit will be provided for years of employee contributions less than twenty-five (25) years. The factors used for retirement based upon years of service are as follows: 15 16 17 18 19 20 21 25 years 26 years 27 years 28 years 29 years 30 years 72.51 % of calculated benefit 76.91 % of calculated benefit 81.81 % of calculated benefit 87.36% of calculated benefit 93.41 % of calculated benefit 100.00% of calculated benefit 22 Illustration of the 25 Year Service Requirement ( any Age): 23 Member Age @ Hire 20 24 Member Age @ Retirement 45 (25 yrs of service) 25 Years of Premium Payment 5 (5yrs/25yrs = 20%) 26 27 Average Pay While Contributing $29,700 28 Percentage Cost per year 1.89% CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Amended between 151 and 2nd reading. Amendments are shown in bold type. Page60f8 ,"",',N"'''''.'"'''''','''C;('":; ,".4"''';:'';;''<'"';''''""_;'i;',1.","~'';':~J~\;;;;;j~~-ii~~~~tl:iJiii;iiJiiiiit:;d~'~~u~.~;~~~~iltl&~iiL-~~~~1!~M~~~fk~;,UJ;"'~"':iAi'fr"~\~_~~~~-M~~~'~;~~,-i*~,;;;f,ji',:-i'. 1 Aggregate Premium $2,807 2 ER Factor 72.51% 3 4 Adjusted ER Factor 78.01 % (27.49 diff(a:) 20%) (Adiusted Factor of72.51 % + Differential of (1 00.00-72.51) x 20%) 5 Section 3. City Administration is hereby directed to update the benefits booklet 6 published to the General Employees evidencing the available elective benefits in conformity 7 with the terms of the elective benefits as provided herein. 8 Section 4. The City Commission hereby declares that the elective benefits 9 available to General Employees are as set forth herein above and further repeal any other 10 benefits not expressly included within this ordinance. 11 Section 5. It is the intention of the City Commission of the City of Boynton Beach 12 that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances 13 of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, 14 re-Iettered and the word "Ordinance" may be changed to "Section", "Article" or such other word 15 or phrase in order to accomplish such intention. 16 Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 17 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 18 Section 7. If any clause, section, or other part or application of this Ordinance shall 19 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 20 unconstitutional or invalid part or application shall be considered as eliminated and so not 21 effecting the validity of the remaining portions or applications remaining in full force and effect. CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Amended between 1 st and 2nd reading. Amendments are shown in bold type. Page 70f8 1 Section 8. This Ordinance shall become effective immediately upon its passage and 2 adoption. 3 FIRST READING this _ day of ,2006. 4 SECOND, FINAL READING and PASSAGE this _ day of 5 2006. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 ATTEST: 18 19 Commissioner 20 21 CITY CLERK 22 Commissioner 23 (CORPORATE SEAL) CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Amended between 151 and 2nd reading. Amendments are shown in bold type. Page 8 of8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM A.S 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 ~ April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report ~ECOMMENDATION: Motion to amend Ordinance 04-050, pertaining to Section ]8-8] of the City Code of rdinance, General Employee's Pension Plan, to re-open the open enroJJment period during wbicb current members of the General Employee's Pension Plan may exercise a one-time opportunity to purchase service credits for prior military service. EXPLANATION: The General Employee's Pension Board of Trustees bas determined tbe necessity to provide for a one-time opportunity for current members of tbe General Employee's Pension Plan to purcbase prior military service as creditable service towards a member's calculation of pension benefits. Tbe original open enrollment opportunity to make tbis purcbase was insufficient; tbereby tbe Board recommended tbat tbe open enrollment period be re-opened for one final opportunity to exercise tbis option. Tbe re-opened open enroJJment period for exercising this option sball commence tbirty (30) business days foJJowing tbe adoption of tbis ordinance to provide sufficient notice to plan members. Tbe open enroJJment period sbaJJ remain open for sixty (60) days. Section ]8-8] of the plan sbaJJ regulate any future purcbases of military service. PROGRAM IMPACT: Tbis is going to ensure tbat aJJ members bave tbe opportunity to purchase prior military service as creditable service towards a member's calculation of pension benefits. FISCAL IMPACT: Initial fiscal impact wiJI be borne by the member. The member's retirement benefits wiJI be increased should they exercise this option. AL TERNA TIVES: Not to re-open the enrollment period to purchase service credits for prior military service. ~l=t Aw.,-r Cfv<(~. Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO.' 06-0<9. B AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 04-050 TO RE- OPEN THE OPEN ENROLLMENT PERIOD DURING WHICH CURRENT MEMBERS OF THE GENERAL EMPLOYEES' PENSION PLAN MAY EXERCISE A ONE- TIME OPPORTUNITY TO PURCHASE SERVICE CREDITS FOR PRIOR MILITARY SERVICE AS CREDITABLE SERVICE TOWARDS A MEMBER'S PENSION; DIRECTING THE PLAN ADMINISTRATOR FOR THE GENERAL EMPLOYEES PENSION PLAN TO NOTIFY P ARTICIP ANTS OF THE PLAN OF THIS RE- OPENING OF THE OPEN ENROLLMENT PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DA TE. WHEREAS, the General Employees' Pension Board of Trustees ("Board") had determined the necessity to provide for a one-time opportunity for current members of the General Employees' Pension Plan ("Plan") to include prior military service, as defined in S 18-81 of the Plan, as creditable service towards a member's calculation of pension benefits under the Plan by purchasing service credits for prior military service; and WHEREAS, pursuant to the Board's recommendation, the City Commission adopted Ordinance No. 04-050 approving this modification to the Plan; and WHEREAS, the open emollment period provided in Ordinance 04-050 for a participant to exercise their option to make this purchase was insufficient, the Board recommended that the open emollment period be reopened for one last opportunity to the Plan members to exercise this option; and Page 1 of 4 JFK: S:\CA\Ordinances\Pension\GeneraJ Employees Pension - revision to military buy back option.doc WHEREAS, it is the desire of the City Commission to modify the Plan as recommended by the Board to modify the open enrollment period as provided in Ordinance No. 04-050; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Ordinance No. 04-050 to re-open the open enrollment period to provide a one-time opportunity for current members of the General Employees' Pension Plan ("Plan") to include prior military service, as defined in 918-81 of the Plan, as creditable service towards their calculation of pension benefits under the Plan by purchasing service credits for prior military service. This option shall only be available to those persons who are members of the Plan as of the effective date of this Ordinance. Section 3. The re-opened open enrollment period for exercising this option shall commence thirty (30) business days following the adoption of this Ordinance to provide sufficient notice to Plan members. The open enrollment period shall remain open for sixty (60) days, during which time a Member choosing to exercise this option shall submit the required forms to the Plan Administrator demonstrating their intent to exercise such option. Any member failing to submit the required forms prior to such expiration date forfeits the option to purchase prior military service as creditable service in the Plan. Any future military service shall continue to be regulated by 918-8 I of the Plan. Page 2 of 4 JFK: S:\CA \Ordinances\Pension\General Employees Pension - revision to military buy back option.doc Section 4. The Plan Administrator of the General Employees Pension Plan is hereby directed to notify the participants of the General Employees Pension Plan of the rc- opening of the open enrollment period as provided herein. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 7. This Ordinance shall become effective immediately upon adoption. FIRST READING this ~ day of Yrla.Jtr L, ,2006. Page 3 of 4 JFK: S:\CA\Ordinances\Pension\General Employees Pension - revision to military buy back option.doc SECOND, FINAL READING and PASSAGE this , 2006. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: CITY CLERK. (CORPORA TE SEAL) Page 4 of 4 JFK: S:\CA\Ordinances\Pension\General Employees Pension - revision to military buy back option.doc ( ttrC"c'c'" c' ""--"COI<-...c i \ \ , i ~ \, /0 :/ :~ ,-~'-c '~-' ~ > CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAl XII. - LEGAL ITEM 8.1 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 [SJ April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 0 "~"- April] 8,2006 April 3, 2006 (Noon) June 20, 2006 June 5, 2006 (Noon) ~ -.1 --~ ...~ 0 May 2,2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) .,'1 -:1 i '-.~> 0 May 16.2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon) 1,---) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business ~ Legal o Unfinished Business o Presentation N .; -.1-1C:'; .........:1 --~ t ' ; -('co) ......__~ 01 :-.; RECOMMENDATION: Approval of Ordinance de-annexing property located at 2200 Lake Drive, which is not contiguous to the boundary of the City of Boynton Beach. EXPLANATION: The City received a request from the owners of property located at 2200 Lake Drive to have the City authorize the de-annexation of a portion of their property de-annexed from the City of Boynton Beach. One parcel is located in the City of Boynton Beach and the adjacent parcel is located in the City of Delray Beach. The property owners would like to be able to locate their property in only one City. Consequently, the property owners have requested that the City Commission approve a de-annexation ordinance. The property owner will then petition the City of Delray Beach for annexation. The City has the authority to approve de-annexation pursuant to Florida Statutes Section 171.052. PROGRAM IMP ACT: FISCAL IMP ACT: All assessments or other debt owed to the City of Boynton Beach shall be paid by the property owner within sixty (60) days of the adoption of the Ordinance. ALTERNATIVES: Not approve the de-annexation and the property will remain in Boynton Beach. ~ Department Head's Signature JL-~ City Manager's Signature (! IT if 11- rrcJ /C>'l/,f V- I DepanrnentN~e City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. 06 2 3 AN ORDINANCE OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, )1'LORIDA, S DEANNEXING FROM THE CITY OF BOYNTON 6 BEACH, A PARCEL OF LAND LOCATED ON LAKE 7 DRIVE, AS MORE PARTICULARLY DESCRIBED 8 HEREIN, REDEFINING THE BOUNDARIES OF THE 9 CITY REMOVING SAID LAND; PROVIDING FOR 10 THE RIGHTS AND OBLIGATIONS OF SAID LAND; 11 PROVIDING A GENERAL REPEALER CLAUSE, 12 PROVIDING A SAVING CLAUSE, AND AN 13 EFFECTIVE DATE. 14 WHEREAS, Gary and Lily Batista are the fee simple owners of a parcel of land 1 S located on Lake Drive; and 16 17 WHEREAS, the owners have requested to have the subject property de-annexed from 18 the municipal limits of the City of Boynton Beach; and 19 20 WHEREAS, the City of Boynton Beach has heretofore been authorized to de-annex 21 lands in accordance with Section 171.052 of the Florida Statutes; and 22 23 WHEREAS, the area to be de-annexed is not contiguous by land to the boundary of 24 the City of Boynton; and 2S 26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to 27 be in the best interests of the City to de-annex the area from the City. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 31 32 Section 1. The recitations set forth above are incorporated herein. 33 34 Section 2. The City Commission of the City of Boynton Beach, Palm Beach County, 3S Florida, hereby de-annexes the following described land located in Palm Beach County, 36 Florida to-wit: 37 38 See Exhibit "A" 39 40 Section 3. The property described in Exhibit "A" is not contiguous by land to the 41 municipal limits of the City of Boynton Beach and does not meet the requirements set forth in 42 Florida Statute Section 171.043. 43 44 Section 4. That the boundaries of the City of Boynton Beach, Florida, are hereby 4S redefined to remove therein the above-described tract of land and said land is hereby declared 46 to no longer be within the corporate limits of the City of Boynton Beach, Florida. ] 2 3 4 5 6 7 8 9 10 11 ]2 13 ]4 ]5 16 17 18 19 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4] 42 43 I ; , i Section 5. All assessments or other debt owed to the City of Boynton Beach shall be paid by the property owner within 60 days of the adoption of this ordinance. Section 6. A public hearing shall be held regarding the de-annexation of this property on the 18th day of April, 2006. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective upon immediately upon adoption on second and final reading. ,2006. FIRST READING this ~ day of SECOND, FINAL READING AND PASSAGE this _ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk 2 ORD NO. EXHIBIT "A" Beginning at the Northeast corner of Lot A, Plat of Lake Shore Estates, as recorded in Plat Book 25, Page 26, Public Records of PALM BEACH COUNTY, FLORIDA; THENCE South a distance of 5.30 feet THENCE South 89055'15" West, a distance 184.41 feet; THENCE South 00004'65" East, a distance of 17.64 feet; THENCE South 89055'15" West, a distance of 14.54 feet; THENCE South 00006'10" West a distance 25.07 feet; THENCE South 89055'15"West, a distance of 21.11 feet; THENCE North a distance of 48.21 feet to the point of curvature of a curve concave to the southeast with a radius of 150.00 feet a central angle 5040'06" an arc distance of 14.84 feet; THENCE North 25055'55" West, a distance of 2.94 feet; THENCE North 00051 '14" West a distance of 22.05 feet; THENCE North 07032'39" East, a distance of 12.74 feet; THENCE North 16011 '44" East, a distance of 24.61 feet; THENCE North 12011 '07" East, a distance of 17.11 feet; THENCE North 44045'40" East, a distance of 55.28 feet; THENCE North 56018'01" East, a distance of 22.00 feet; THENCE North 71 041 '50" East, a distance of 21.18 feet; THENCE North 83008'53" East, a distance of 125.82 feet; THENCE South 74048'01" East, a distance of 1.16 feet; THENCE North 90000'00" East, a distance of 5.32 feet; THENCE South 165.24 feet to the Point of Beginning LESS Commencing and Beginning at the Northeast corner of Lot A, Plat of Lake Shore Estates, as recorded in Plat Book 25, Page 26, Public Records of PALM BEACH COUNTY, FLORIDA; THENCE South along the East Boundary of Lot A, a distance of 5.30 feet; THENCE South 89055'15" West, a distance 184.41 feet; THENCE South 00004'45" East, a distance of 17.64 feet; THENCE South 89055'15" West, a distance of 14.54 feet; THENCE South 00006'ldWest, a distance of 25.07 feet; THENCE South 89055'15" West, a distance of 21.11 feet to a point on the West Line of Lot A; THENCE North along said West Line of Lot A a distance of 48.01 feet; THENCE North 89055'15" East along the North Line of Lot A a distance of 220.08 feet to the point of beginning. ~. 'i U~ o!"~ _--1 ~ BOYNTON BEACH IJ.MITS PROPERTY TO BE DE-ANNEXED EFF. DATE 3/17/06 BOYNTON BEACH PUBUC WORKS DEPARTMENT/ ENGINEERING DIVISION DE-ANNEXED PROPERTY SCALE: 1 "=250' FIG. NO. 1 OF 1 f Qt>0.Qr'l~.!l:I!l:I!l.. > ..... ll>~ ~;tI~1"l > n"bl\1~2~~~~i ~~~~"'~il!~!;~~ ~ ~U~~I~ ~i ~ ~ ~ ~ ~ ;; l!J. "'. ~l;?~~ !::l!:>>f~F)~ ~~ ~~;t:!"l P>n~m :;;~ ~:;:~~1O~8n ~~ ~i~~ I~~m~ Sl ~:;: ~~ h ~ ~ ~ ....r--......~..~.....t:l :"1ix", ~~ ll~~- ~ ~~ nuuu~~~ i!~~ U~ ~;~~ ~I ~~~ ~~i~ !~ i '" ",iO ~110 ~ ~ ~ ~~~~~~~~;~~ "~o~ ..~~U~- ~ $~~<ll!. ~~ ~ in~~~ "'~I ~ i.. ~~~-~~g~~~~~ Ui UU~~~~ ~ii.i~ii~ h ~~ ~U Ii f Ii ~ P3.~~~;:b !~.--. ~ ;ni~i !ilU ~~"il!ili~ fi;f;!,<~ ~~ !!~! ~ ~~'" ij" ~~ ~ ~ Ii: ~ l~~ l.;'i~ ~~8;: t n ~ ~~. J:b~ T ; nu~n ~UI ~~~~ m~ it~ ili ~~ '" '" '" ~ ~ I ~ ~ ~ ~ili!!i ~ ;;~i~1 ~ ~~:t::~~~ ~6i~a~~rtf~ QlL- G;!J~~ ;;; U::r-.~~n " ~>! ~'i1!;;;~ " ~~" ,., ~ ~~~~~ ~~ $~I r l~ ~~.' ~, ~ ~ ~ ;s ~ <: ;jj s;J ~ ~ ~~ o ~ ~~ ~ 'i'> G: ~ ~ ~ '" ~ ~ '" tll,...~ 0"'''' ~~~ (:liil", :i:lil ~ ~;t~ n"'t .;to' ;!l~ ~lil ~ '" !" <> LAKE DRIVE ::J:! ~ ';w~~Oo.%~r ~ ~ ~ C~ ~~~. ;>; ..."" ~!f ~~It "'1Il~ !~~ ~ ~ ~ ~ ~ g> ~ '" il1~:iJ~~iI'Pil'lJI~1i~ lQ~o::::.:t::""S:r-~ . ~;b.n i" i~HSl.!;> .. ~~l!l -;ill1lit'-'~~!S "llnjtb ~~i:1;1iih~~~.. ~ "'JJ 12'~","g~iI' ~ Ihig>~1ii.~ If i~ lilj[H~~~.ll!- ~ ~!Jlh. '~2'~."i h <l" '" "'!: l:: "',....~ b" . ~Nes:~6i~~ ~~ S ~ !O.~~~i1Il::g>~;: ~~ "it;il!!:"''''~if il'~ {1;~ilnl!~ ~~ "'~"'~a~" ~ ;"i\! il'iI'iI'- .l:" C l:l- s.!H'i;F~ill ~r ;n all t; ;;;~[:) ~'" ~C) "~~ja!i i:? ~!.ii - P 12'''" 51 .H ~ ~,S!~ ~~~ ~ ~ ~ ~~ C) , ~ ~~~ ~~ ~~I~~~~~~jl~ll~ ~ I~! I~ I~~!I;IUUU~ ~ ~iI n: U~~~~~~~~~~ fll ~1l~~~~ ~~i~lla"~~~ill~ I ~U ii! f~~IU~~~~n ~ ;i! t.~ ~ ~U ~U~ldl lj !~~'ti i!l~ ~~.. ~~~ ~~~ ~ ~~ ~~ il~~ ~CI>f"rl!'" ~i ~i ll~~ ~~~ ~ ~~ ~" ~~~ ,~~ 'll ~~ >: ii:~~ ~ai ~ "' p ~ ~ ~ .~, ~ ~ ~~a @ ~ i~~ ~ .~. " .~~ >;/q "i~ ~::' -~~. ~~ .,. ~ e~~ ~kt ~g ~i~ ~:: ",'f'! ~ ~~ rr{ ~ 1"=40' 1iiit~~;~~i~~~~~~~g>iX~~1 ~~~~~'~-~~~i~-~~~~'~- . ~1ii~~~.~~it~~~fl~~~i~~ . ~~~""~"~iI'''''"~--''l'l~g>~nl1l ~~~~~ti~1ii~~~~'~~s~~~~ ~~~f~Q~~~!.~~}o~~~g~~f ~ !lIl!!~'-'~ Sl.if "iI';ilit~~;:;a ~ "l}j~~. ~ t~~1ii;il~~~~"'''~es~~~~il'~- ~!;j~~~it~I~~~~I~~p.~~ri ~ 11!lli~i~llt~i!.~i.i~! I ~i~e~~~QI~si~~~~~""'~~ f:~~~~ii~f~~~~I~!~'~~~ alf;~i;~15!:i!ll~rl! ~~~"~~~~J!~~~~~~it~~~ ~~ ~~"'it~"~ ~ ~~~t~ sa. .:- .I.~Q, ~rti ~.... r ~~l n " ~l;:~ '''is. ~ ;;;~~ ~Q1 ~ 'it!",~ i;1' Q~~ i1 ~ ;!! ~ O::l CJ ~ ~~ ~::tJ ~~ ~ ~ '""" CSl'i" ;:,:;: ,<:- \ , L {-J.. /0 i:">'" _< -"\{ . ... /v ''/ >c) --- \J. - XII. - LEGAL ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon) D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon) .,' D May 16, 2006 May ],2006 (Noon) D July 18,2006 July 3, 2006 (Noon) r,) ~--. 0} D Administrative D Development Plans -.---.: r-q ~._-.: ::-:- ,:rOk. 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: Approval of lnterlocal Agreement Between the City of Delray Beach and the City of Boynton Beach Regarding the Maintenance of the Lake Drive Bridge. EXPLANATION: The property located at 2200 Lake Drive is currently within the City limits of Boynton Beach, Florida. The property owner wishes to de-annex from the City of Boynton Beach and annex the property into Delray as it is not contiguous and fails to meet the criteria set forth in Florida Statute Section 171.043. The same property owner owns an adjacent parcel that is located within the City limits of Delray Beach. There exists a bridge on Lake Drive that separates Delray Beach and Boynton Beach and is currently maintained by the City of Boynton Beach. The City of Delray Beach wishes to fund 50% of the maintenance of the bridge, including the water service interconnection once the property at 2200 Lake Drive has been annexed into the City of Delray Beach. PROGRAM IMPACT: FISCAL IMPACT: A reduction to the City of Boynton Beach in 50% of the cost of maintenance of the bridge located at 200 Lake Drive. AL TERNA TIVES: Not approve the de-annexation and the property will remain in Boynton Beach. ~~ ~-- De artment Head's SIgnature ~ City Manager's Signature c.. I T \/ IJ JJ7) A! /Z/L V D!partment Name/ City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ] 2 RESOI~UTION NO. R06- 0,5" 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE CITY OF DELRA Y BEACH 9 REAGARDING THE MAINTENANCE OF THE I~AKE 10 DRIVE BRIDGE; AND PROVIDING AN EFFECTIVE 11 DATE. ]2 ]3 14 WHEREAS, the property located at 2200 Lake Drive is currently within the City 15 limits of Boynton Beach. The property owner wishes to de-annex the from the City of 16 Boynton Beach and annex the property into Delray Beach as it is not contiguous and fails to ]7 meet the criteria set forth in Florida Statute Section 171.043; and ] 8 WHEREAS, there exists a bridge on Lake Drive that separates the City of Boynton 19 Beach and the City of Delray Beach and is currently maintained by the City of Boynton 20 Beach; and 21 WHEREAS, the City of Delray Beach wishes to fund 50% of the maintenance of the 22 bridge, including the water service interconnection once the property at 2200 Lake Drive has 23 been annexed into the City of Del ray Beach; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section I. Each Whereas clause set forth above IS true and correct and 27 incorporated herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve the Interlocal Agreement between the City of Boynton Beach and the City of S:\CA\RESO\Agreemcnts\lnterlocals\ILA with Delray (Lake Drive Bridge).doc ;)c]ray Beach for the maintenance of the Lake Drive Bridge, a copy of said Agreement is 2 attached hereto as Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this ~ day of March, 2006. 5 6 7 8 9 10 }] 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 City Clerk 26 27 28 (Corporate Seal) 29 30 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \RESO\Agreements\Interlocals\ILA with Delray (Lake Drive Bridge ).doc P1" F R. Rr;'l Shutt, Esq. (II, Office 200 ~.,. \\. j sl A venue Delray Beach. Florida 33444 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND THE CITY OF BOYNTON BEACH REGARDING THE MAINTENANCE OF THE LAKE DRIVE BRIDGE THIS AGREEMENT is made this _day of__ ,2006 by and between the CITY OF DEI,RA Y BEACH, (hereinafter referred to as "DELRA Y"), and the CITY OF BOYNTON BEACH, (hereinafter referred to as the "BOYNTON"). WITNESSETH: WHEREAS, the property located at 2200 Lake Drive is currently within the City limits of BOYNTON; and WHEREAS, the property owner of 2200 Lake Drive wishes to deannex from BOYNTON and annex into DELRA Y as it is not contiguous to BOYNTON and fails to meet the criteria set forth in Florida Statute Section 171.043 and the same property owner owns an adjacent parcel that is located in the City limits of DEL RAY; and WHEREAS, the property at 2200 Lake Drive is the only parcel that is currently part of BOYNTON that exists on the south side of a waterway, in this area, that separates BOYNTON and DELRA Y; and WHEREAS, there is a bridge on Lake Drive that separates DELRA Y and BOYNTON and is currently maintained by BOYNTON; and WHEREAS, DELRA Y wishes to fund 50% of the maintenance of the bridge, including the water service interconnection, once the property located at 2200 Lake Drive and described in Exhibit "A" has been annexed into DELRA Y; and WHEREAS, Florida Statute Section 163.0] authorizes the execution of interlocal agreements to allow public agencies to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. INCORPORATION OF RECITALS. The recitations set forth above are hereby incorporated herein. 2. BRIDGE MAINTENANCE. BOYNTON intends to perform extensive repairs to the Lake Drive bridge during the 2006-07 Fiscal Year. DELRA Y agrees to pay BOYNTON an amount not to exceed $35,000.00 as its share of the repairs to the Lake Drive bridge during Fiscal Year 2006-07. In the event the repairs are not complete during the 2006-07 Fiscal Year, the parties agree to arrange for payment of DELRA Y's portion of the repair costs during the subsequent fiscal year. During the 2007-08 Fiscal Year, and each year thereafter, DELRAY shall fund 50% of the maintenance cost of the bridge, including the water service interconnection, located on Lake Drive that separates DELRA Y and BOYNTON once the property located at 2200 Lake Drive, and described in Exhibit "A", is annexed into DELRAY. On an annual basis, BOYNTON shall send to DELRA Y an invoice which represents the 50% share that DELRA Y is responsible for paying. DELRA Y shall pay the invoice within thirty 2 C clays of receipt. I f the property is not annexed into DELRA Y this Agreement shall be void. 3. RECORDING OF AGREEMENT. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 4. INTEGRATION~ AMENDMENTS. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 5. SOVEREIGN IMMUNITY. Cities are state agencies as defined in Chapter 768.28, Florida Statutes. To the extent permitted by law, each party agrees to be fully responsible for acts, omissions, and negligence of their agents, officers, or employees. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. Both parties acknowledge that this is an Interlocal Agreement created pursuant to Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to 3 the performance of such functions and duties of those officers, agents, or employees extra-territorially under the provisions of any Interlocal Agreement. 6. NOTICES. Any invoices to be sent pursuant to this Agreement, and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO CITY OF BOYNTON BEACH: City Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 With copy to: City Attorney 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 TO CITY OF DELRA Y BEACH: City Manager 100N.W. 1st Avenue Delray Beach, Florida 33444 With copy to: City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444 7. VALIDITY. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 4 8. GOVERNING LAWS; VENUE. This Agreement shall be governed by and m accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. ASSIGNMENT. Neither DELRA Y nor BOYNTON shall assign or transfer any rights or interest in this Agreement. 10. SIGNING OF AGREElVIENT. This Agreement shall not be valid until signed by the Mayor and the City Clerk of D ELRA Y and BOYNTON. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day of ,2006. ATTEST: C1TY OF DELRA Y BEACH, FLORIDA By: By:_ City Clerk Approved as to Form: Jeff Perlman, Mayor By: City Attorney ATTEST: By: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk Approved as to Form: By:. Jerry Taylor, Mayor City Attorney 5 EXHIBIT "A" Beginning at the Northeast comer of Lot A, Plat of Lake shore Estates, as recorded in Plat Bo~)k 2S Page 26, Public Records of PALM BEACH County, Florida; THENCE South a distance of 5.30 feet THENCE South 89055'] 5" West, a distance 184.41 feet; THENCE South 00004'65" East, a distance of 17.64 feet; THENCE South 89055'15" West, a distance of 14.54 feet; THENCE South 00 06' 10 West, a distance of 25.07 feet; THENCE South 89 55 15 West, a distance of 21.11 feet; THENCE North a distance of 48.21 feet to the point of curvature of a curve concave to the southeast with a radius of 150.00 feet a central angle 5 40 06 an arc distance of 14.84 feet; THENCE North 250 5'5 55" West, a distance of2.94 feet; THENCE North 000 51' 14" West a distance of 22.05 feet; THENCE North 07 32 39 East, a distance of 12.74 feet; THENCE North 16011'44" East, a distance of 24.6]; THENCE North 120 1]' 07" East, a distance of 17.11 feet; THENCE North 44045' 40" East, a distance of 55.28 feet; THENCE North 56018' 0]" East, a distance of22.00 feet; THENCE North 71041' 50" East, a distance of21.l8 feet; THENCE North 83 08 53 East, a distance of ] 25.82 feet; THENCE South 74048' 0]" East, a distance of 1.16 feet; THENCE North 90000' 00" East, a distance of 5.32 feet; THENCE South 165.24 feet to the point of beginning. 6 EXHIBIT "A" Rolo-075 P, n' R Prian Shutt, Esq. Cle Office 20U N. \\. 1st Avenue DeJray Beach. Florida 33444 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND THE CITY OF BOYNTON BEACH REGARDING THE MAINTENANCE OF THE LAKE DRIVE BRIDGE THIS AGREEMENT is made this _day of__ __, 2006 by and between the CITY OF DELRA Y BEACH, (hereinafter referred to as "DELRA Y"), and the CITY OF BOYNTON BEACH, (hereinafter referred to as the "BOYNTON"). WITNESSETH: WHEREAS, the property located at 2200 Lake Drive is currently within the City limits of BOYNTON; and \VHEREAS, the property owner of 2200 Lake Drive wishes to deannex from BOYNTON and annex into DELRA Y as it is not contiguous to BOYNTON and fails to meet the criteria set forth in Florida Statute Section 171.043 and the same property owner owns an adjacent parcel that is located in the City limits ofDELRA Y; and WHEREAS, the property at 2200 Lake Drive is the only parcel that is currently part of BOYNTON that exists on the south side of a waterway, in this area, that separates BOYNTON and DELRA Y; and WHEREAS, there is a bridge on Lake Drive that separates DELRA Y and BOYNTON and is currently maintained by BOYNTON; and EXHIBIT nAn WHEREAS, DELRA Y wishes to fund 50% of the maintenance of the bridge, including the water service interconnection, once the property located at 2200 Lake Drive and described in Exhibit "A" has been annexed into DELRAY; and \VHEREAS, Florida Statute Section 163.01 authorizes the execution of interlocal agreements to allow public agencies to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. INCORPORATION OF RECITALS. The recitations set forth above are hereby incorporated herein. 2. BRIDGE MAINTENANCE. BOYNTON intends to perform extensive repairs to the Lake Drive bridge during the 2006-07 Fiscal Year. DELRA Y agrees to pay BOYNTON an amount not to exceed $35,000.00 as its share of the repairs to the Lake Drive bridge during Fiscal Year 2006-07. In the event the repairs are not complete during the 2006-07 Fiscal Year, the parties agree to arrange for payment of DELRA VIS portion of the repair costs during the subsequent fiscal year. During the 2007-08 Fiscal Year, and each year thereafter, DELRA Y shall fund 50% of the maintenance cost of the bridge, including the water service interconnection, located on Lake Drive that separates DELRA Y and BOYNTON once the property located at 2200 Lake Drive, and described in Exhibit "A", is annexed into DELRAY. On an annual basis, BOYNTON shall send to DELRA Y an invoice which represents the 50% share that DELRA Y is responsible for paying. DELRA Y shall pay the invoice within thirty 2 EXHIBIT "A" (30) days of receipt. If the property is not annexed into DELRA Y this Agreement shall be void. 3. RECORDING OF AGREEMENT. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 4. INTEGRATION; AMENDMENTS. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 5. SOVEREIGN IMMUNITY. Cities are state agencies as defined in Chapter 768.28, Florida Statutes. To the extent pennitted by law, each party agrees to be fully responsible for acts, omissions, and negligence of their agents, officers, or employees. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. Both parties acknowledge that this is an Interlocal Agreement created pursuant to Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to 3 EXHIBIT "An the performance of such functions and duties of those officers, agents, or employees extra-territorially under the provisions of any Interlocal Agreement. 6. NOTICES. Any invoices to be sent pursuant to this Agreement, and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO CITY OF BOYNTON BEACH: City Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 With copy to: City Attorney 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 TO CITY OF DELRA Y BEACH: City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 With copy to: City Attorney 200N.W. 1st Avenue Delray Beach, Florida 33444 7. VALIDITY. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 4 EXHIBIT "A" 8. GOVERNING LAWS; VENUE. This Agreement shall be governed by and 111 accordancc with the Laws of Florida. The vcnue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. ASSIGNMENT. Neither DELRAY nor BOYNTON shall aSSIgn or transfer any rights or interest in this Agreemcnt. 10. SIGNING OF AGREEMENT. This Agrcement shall not be valid until signed by the Mayor and the City Clerk ofDELRA Y and BOYNTON. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day of ,2006. ATTEST: CITY OF DELRA Y BEACH, FLORIDA City Clerk By: _________ .__~__ Jeff Perlman, Mayor By: Approved as to Form: By: City Attorney ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk Jerry Taylor, Mayor Approved as to Form: By: City Attorney 5 EXHIBIT "A" ~ Beginning at the Northeast corner of Lot A, Plat of Lake Shore Estates, as recorded in Plat Book 25, Page 26, Public Records of PALM BEACH COUNTY, FLORIDA; THENCE South a distance of 5.30 feet THENCE South 89055'15" West, a distance 184.41 feet; THENCE South 00004'65" East, a distance of 17.64 feet; THENCE South 89055'15" West, a distance of 14.54 feet; THENCE South 00006'10" West a distance 25.07 feet; THENCE South 89055'15"West, a distance of 21.11 feet; THENCE North a distance of 48.21 feet to the point of curvature of a curve concave to the southeast with a radius of 150.00 feet a central angle 5040'06" an arc distance of 14.84 feet; THENCE North 25055'55" West, a distance of 2.94 feet; THENCE North 00051 '14" West a distance of 22.05 feet; THENCE North 07032'39" East, a distance of 12.74 feet; THENCE North 16011'44" East, a distance of 24.61 feet; THENCE North 12011 '07" East, a distance of 17.11 feet; THENCE North 44045'40" East, a distance of 55.28 feet; THENCE North 56018'01" East, a distance of 22.00 feet; THENCE North 71041 '50" East, a distance of 21.18 feet; THENCE North 83008'53" East, a distance of 125.82 feet; THENCE South 74048'01" East, a distance of 1.16 feet; THENCE North 90000'00" East, a distance of 5.32 feet; THENCE South 165.24 feet to the Point of Beginning LESS Commencing and Beginning at the Northeast corner of Lot A, Plat of Lake Shore Estates, as recorded in Plat Book 25, Page 26, Public Records of PALM BEACH COUNTY, FLORIDA; THENCE South along the East Boundary of Lot A, a distance of 5.30 feet; THENCE South 89055'15" West, a distance 184.41 feet; THENCE South 00004'45" East, a distance of 17.64 feet; THENCE South 89055'15" West, a distance of 14.54 feet; THENCE South 00006'ldWest, a distance of 25.07 feet; THENCE South 89055'15" West, a distance of 21.11 feet to a point on the West Line of Lot A; THENCE North along said West Line of Lot A a distance of 48.01 feet; THENCE North 89055'15" East along the North Line of Lot A a distance of 220.08 feet to the point of beginning. !\"!'::"'5::~ /. \ '. f ' oj :t 0\ /u J...',_, _ _ _j~,\"" i 11,10,' ~., '<, ~-ON -;;,. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORll'.l XII. - LEGAL ITEM C.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 ~ April 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Approve resolution authorizing acquisition of Commercial Condominium Units designated as Parcels] 0 I, ] 02, ] 04 and 209 within First Financial Plaza in the Ocean One Project with possible eminent domain, as needed and confinned by the City Commission. EXPLANATION: The CRA Board at their January 10,2006, meeting requested that the City work with the CRA in certain land acquisition for redevelopment activities in the Federa] Highway Corridor Community Redeve]opment Plan adopted by the City Commission as part of the CRA's Community Redevelopment Plan. The Plan was approved by the City Commission as Ordinance 001-20 on May] 5, 2001. ]n addition, the City previously adopted Ordinance 98-33, establishing this area of the community as a qualified redevelopment area pursuant to FSS ]63.360. The Resolutions set the stage for cooperative work between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary purchase (preferred mode) or by eminent domain. The City Commission retains the sole authority to authorize eminent domain for property purchases. PROGRAM IMP ACT: The Resolution is necessary to proceed with the Ocean One Project. FISCAL IMP ACT: The costs associated with property research, appraisals, survey, ]egal, acquisition and relocation assistance, as needed would be borne by the CRA. AL TERNA TIVES: Department Head's Signature ~C'M 'S' Ity anager signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC 5 NECESSITY OF ACQUIRING THE COMMERCIAL 6 CONDOMINIUM UNITS DESIGNATED AS SUITES 101, 102, 104 and 7 209 WITHIN THE FIRST FINANCIAL PLAZA FOR THE PURPOSE 8 OF ACQUIRING FEE SIMPLE, REQUIRED FOR THE 9 ELIMINATION OF BLIGHT AND SLUM AND FUTURE 10 CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S 11 ORIGINAL REDEVELOPMENT AREA AND FOR VEHICULAR 12 AND PEDESTRIAN ACCESS AND PUBLIC PARKING WITHIN THE 13 CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has 17 formally requested and the City Engineer has recommended that the acquisition of certain 18 real property as a Fee Simple estate is necessary in order to eliminate blight and slum and 19 for the construction of future improvements to the Ocean One project area; and 20 WHEREAS, as part and parcel of the Ocean One Project, the City Commission will 21 consider vacating 6th Court to create a new north south pedestrian and vehicular court open 22 to the public which constitutes a proper public purpose; and 23 WHEREAS, the Developer has agreed to construct, at its cost and expense, a 24 structured parking facility with approximately 1,492 parking spaces; and 25 WHEREAS, there is an immediate need for public parking in the downtown area; 26 and 27 WHEREAS, the Developer of the Ocean One Project will designate approximately 28 449 public spaces during weekend evenings and 410 public spaces during weekday 29 evenings; and 30 WHEREAS, the funds are available for the acquisition of these needed parcels; and 1 WHEREAS, this City Commission finds and agrees that the acquisition of the real 2 property described in composite Exhibit "A" as a Fee Simple estate is for a public purpose, 3 to wit: Fee Simple estate essential for elimination of blight and slum and certain future 4 improvements to the City's original redevelopment area pursuant to the Federal Highway 5 Corridor Community Redevelopment Plan adopted by the City Commission as part of the 6 CRA's Community Redevelopment Plan and for vehicular and pedestrian access and public 7 parking; and 8 WHEREAS, in order to accomplish the acquisition of the needed property for a Fee 9 Simple estate, it is necessary for the City Engineer and the City Attorney to take legal action 10 and to employ real estate appraisers and other experts deemed necessary. 11 NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY 12 OF BOYNTON BEACH, FLORIDA, THAT: 13 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 14 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached 15 hereto are hereby incorporated herein. 16 SECTION 2. It is necessary, serves a municipal and public purpose, and is in the 17 best interest ofthe City of Boynton Beach to acquire the fee simple estates as set forth in the 18 attached Exhibit "A", to eliminate blight and slum and for the future improvements to the 19 City's original redevelopment area and for vehicular and pedestrian access and public 20 parking. 21 SECTION 3. That the properties described in composite Exhibit "A" attached 22 hereto as commercial condominium units designated as suites 101, 102, 104 and 209 and the 23 same are hereby ratified, confirmed and found to be necessary for acquiring the fee simple 2 estate to eliminate blight and slum and for the future improvements to the City's original 2 redevelopment area and for vehicular and pedestrian access and public parking. The City of 3 Boynton Beach shall acquire fee simple title to said parcels by gift, purchase, or eminent 4 domain as described in Chapter 166, Florida Statutes, and Chapters 73 and 74, Florida 5 Statutes. That acquisition of said parcels for this project are necessary and serve a public 6 purpose. 7 SECTION 4. The City Attorney shall first attempt to acquire the property through 8 negotiations at a price agreeable to both the sellers, if found and determined, and the City of 9 Boynton Beach; however, if such negotiations fail within a reasonable time from the 10 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized 11 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in 12 the exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the 13 parcels described in composite Exhibit "A", attached hereto, and is further authorized and 14 directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of 15 such authorization and in direction, the City Attorney or his assistant or designee, is 16 specifically authorized to sign and file a Declaration of Taking so that the City may avail 17 itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his 18 assistant is further authorized to accomplish the acquisition of said parcels by settlement and 19 compromise in those instances where same can be effected in accordance with the terms, 20 conditions and limitations established from time to time by the Boynton Beach City 21 Commission. 22 SECTION 5. This Resolution becomes effective immediately upon its passage and 23 adoption. 3 PASSED AND ADOPTED this _day of ,2006. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST: 18 19 20 21 22 City Clerk 23 24 (Corporate Seal) By: MA YOR Vice Mayor Commissioner Commissioner Commissioner 4 1 2 3 4 EXHIBIT A 5 LEGAL DESCRIPTIONS OF UNITS 6 7 Unit 101, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium 8 thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and amendments 9 thereof, Public Records of Palm Beach County, Florida, together with an undivided 10 interest in any appurtenant common elements, as provided for in said Declaration of 11 Condominium. 12 13 14 Unit 102, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium 15 thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and amendments 16 thereof, Public Records of Palm Beach County, Florida, together with an undivided 17 interest in any appurtenant common elements, as provided for in said Declaration of 18 Condominium. 19 20 21 Unit 104, FIRST FINANCIAL PLAZA, together with parking spaces 10 and 70, 22 according to the Declaration of Condominium thereof, recorded in O.R.B. 3239, 23 Page 714, and all exhibits and amendments thereof, Public Records of Palm Beach 24 County, Florida, together with an undivided interest in any appurtenant common 25 elements, as provided for in said Declaration of Condominium. 26 27 28 Unit 209, FIRST FINANCIAL PLAZA, together with parking spaces 23 and 36, 29 according to the Declaration of Condominium thereof, recorded in O.R.B. 3239, 30 Page 714, and all exhibits and amendments thereof, Public Records of Palm Beach 31 County, Florida, together with an undivided interest in any appurtenant common 32 elements, as provided for in said Declaration of Condominium. 33 34 35 5 XIII-UNFINISHED BUSINESS ITEM 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 City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May],2006 (Noon) 0 July] 8. 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids [8J Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Continued discussion of adaptive re-use of Golf Course and landfill parcels EXPLANA TION: As a follow-up to the discussion at the pre-agenda meeting of February 3, 2006 (see attached excerpts) several things have happened with this project. First, City staff met with County staff to discuss possible attainable housing options for the parcels. At that time, we advised the County staff of the City Commission's discussion on February 3rd. The County staff noted that they would not be pursuing action on these parcels until or unless the City said to proceed. Second, the City's consultant is filing the application for funding of an adaptive re-use study of the landfill with Treasure Coast Regional Planning Council. The basic options in the study will be: passive recreation/golf course, housing or status quo. Staff wishes to verity at the City Commission meeting the status of our work on this project as there remains strong interest in moving ahead with some type of adaptive reuse of the properties. PROGRAM IMPACT: None. FISCAL IMPACT: None ALTERNA T1VES, D;,e";oo ;, ,equ",led 10 coo,d;o," 'Mhod c~ Department Head's Signature I City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Meeting Minutes Agenda Preview Boynton Beach, Florid~_ February 3. 2006 at least through the end of this year. There was additional discussion pertaining to opinions and problems with Charter Schools. Mayor Taylor indicated he would not support a resolution. r Commissioner Ensler discussed the golf course and the landfill. His specific concern was the time staff may be spending on the issues and indicated what happens to the properties is up to the County. He reported the City has a piece of land that is landlocked there. One thought he had was to let the County determine what will be there at the golf course. Commissioner Ensler indicated the County is looking at affordable housing and it is their property. He expressed they are in a better position to make a decision about it. His second issue pertained to the old landfill, which is adjacent to the golf course, separated by a canal. It didn't make any sense to him for that to be City property. He thought perhaps they could swap land for recreational, building or affordable housing purposes and suggested giving direction to staff on what the City expects relative to the golf course and landfill. Commissioner McCray indicated the golf course is a profit making entity. He suggested the City wait until the study on the landfill has been completed. Commissioner Ensler suggested another nine holes could be added. He clarified that might be a better use of the land as opposed to housing. Assistant City Manager, Wilfred Hawkins responded to Commissioner Ensler. He explained staff is not spending any time on the matter. They are listening and there are many different ways the scenario could play out. He elaborated national redevelopment of brown fields has been utilized in different ways. He noted homes, golf courses and retail have all been built on landfills. Right now staff is remaining neutral and they are waiting to see how things develop Brown field use can be complicated. He went to Denver and there was a development where the military had previOUSly dumped waste. As a result, there is a seven-acre fenced off area in the middle of the neighborhood. Mr. Hawkins explained the law is very specific about who can conduct the studies. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS. & Mayor Taylor announced the Boynton Veterans Council is holding the Four Chaplains Day this Sunday at 3 PM at Temple Beth Kodesh. This item was not on the agenda but was addressed at a previous meeting. B. Community and Special Events: 1. Heritage Festival - February, 2006 -- Month-long celebration of Black History Month that informs the public of the ties that bind the 5