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Agenda 08-15-06 The City of B..... t B" h' ': ..; : ..., \ ..:..0 o'/'.y..'....... "nr i J'O./' '. nl " ..../ e1.a.. " Ct. .,ti' , "..,) '....,;l,f J .: '.' .i); Ji .....,,/ ;::' "",i. .. .,i' .ll 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA August 15, 2006 Jerry Taylor Mayor - At Large Janet M. Prainito City Clerk Bob Ensler Commissioner - District I Mack McCray Commissioner - District II Mike Ferguson Commissioner - District III Carl McKoy Vice Mayor - District IV Kurt Bressner City Manager James Cherof City Attorney www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting 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. GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS · 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 REVISED AGENDA August 15/ 2006 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Oceanfront Concert -- Friday, August 18/ 2006 from 6 to 9 p.m. at Oceanfront Park featuring the band Tota// Kontro/1. B. Community and Special Events: None C. Presentations: 1. Proclamations a. Read for the Record Day - August 24/ 2006 b. Firefighter Appreciation Week - September 1-8, 2006 2. Presentation of a citation to AI DeMarco for his six years of service to the Community Redevelopment Agency (CRA) Board. Agenda Regular City Commission Boynton Beach, FL August 15/ 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. Appointments Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Mayor Taylor Cemetery 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 Alt 1 yr term to 4/07 Mayor Taylor Community Relations Board Alt 1 yr term to 4/07 IV McKoy Community Relations Board Alt 1 yr term to 4/07 Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) II McCray Golf Course Advisory Committee Alt 5 yr term to 6/11 II McCray Library Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Library Board Alt 1 yr term to 4/07 Ensler Planning & Development Board Reg 2 yr term to 4/08 Tabled (2) II Ensler Recreation & Parks Board Alt 1 yr term to 4/07 IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Agenda Preview Conference - July 28, 2006 2. Minority - Small Business Enterprise Program Workshop - July 28/ 2006 3. Regular City Commission - August 1/ 2006 2 Agenda Regular City Commission Boynton Beach, FL August 15/ 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Award the "PURCHASE OF ONE NEW AND UNUSED DUAL SIDE-LOADING RECYCLING VEHICLE" Bid #045-2516-06/JA to Container Systems & Equipment of Daytona Beach, FL in the amount of $119/555 with an allowance for "Trade In" of $9/000 for a total expenditure of $110,555. 2. Approve a piggyback off the City of Melbourne RFP #10-11-1-2005 with Insituform Technologies, Inc. for pipeline rehabilitation services with an estimated expenditure of $97,569.90 C. Resolutions 1. Proposed Resolution No. R06-137 RE: Approving and authorizing execution of an Interlocal Agreement between Palm Beach County and City of Boynton Beach for the removal of invasive non-native plant species for the Quantum Park site. 2. Proposed Resolution No. R06-138 RE: Approving and authorizing execution of an agreement between the South Florida Water Management District (SFWMD) and the City of Boynton Beach (CBB) for SFWMD to provide financial assistance not to exceed $160/000 to the CBB for the fact finding and evaluation study of the South Lake Worth (Boynton) Inlet. 3. Proposed Resolution No. R06-139 RE: Approving and authorizing execution of Task Order No. U06-4-1 with CDM not to exceed $20/000 for negotiating additional surficial aquifer allocations on the City's behalf with the South Florida Water Management District. 4. Proposed Resolution No. R06-140 RE: Approving the execution of an annual contract with CompuTEE International, Inc., to provide an automated tee-time system at a maximum cost of $2/500 per year. 5. Proposed Resolution No. R06-141 RE: Approving and authorizing execution of a contract to accept hazard mitigation funding of $137/336 from the Department of Community Affairs, Division of Emergency Management to cover the 2nd story windows at City Hall with Miami Dade approved hurricane window coverings. 6. Proposed Resolution No. R06-142 RE: Approving an amendment to paragraph (d) (2) under "General Policies" in Resolution No. 05-012/ regarding Grant Funding Policies. 3 Agenda Regular City Commission Boynton Beach, FL August 15/ 2006 7. Proposed Resolution No. R06-143 RE: Approving and authorizing the execution of the Eleventh Amendment to Lease Agreement with Cingular Wireless for reassignment of lease in order to reinstate the revenue stream. D. Approve the roadway name change of N.E. 2nd Avenue east of U.s. Highway One (Federal Highway) to be known as BOYNTON BEACH BOULEVARD. E. (Intentionally left blank) F. Authorize the use of $1/000 of Commissioner Mack McCray's Community Investment and $1/000 of Vice Mayor McKoy's Community Investment Funds to the Boynton Beach Faith Based CDC. G. Authorize the use of $2/000 of Vice Mayor McKoy's Community Investment Funds to the Boynton Beach All-Star Cheerleading Squad. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Approve proposed settlement of attorney's fees in the amount of $25/125.25 for Erskin Rogers, counsel for Theodore Ryan and Gerhard Degen. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Description: Meadows PUD (MPMD 05-013) Steven L. Cohen & Associates, P .A. Boynton Meadows, LLC Southwest corner of Congress Avenue and Hypoluxo Road Request for Master Plan Modification approval for the addition of 34 townhomes to the Meadows Planned Unit Development (PUD). Meadows Townhomes (NWSP 05-032) Steven L. Cohen & Associates, P.A. Boynton Meadows, LLC 100 Meadows Circle Request for New Site Plan approval for 34 town homes and related site improvements on a 7.966 acre tract within the Meadows Planned Unit Development (PUD). 4 Agenda Regular City Commission Boynton Beach, FL August 15, 2006 c. Project: Agent: Owner: Location: Description: D. Project: Agent: Owner: Location: Description: E. Project: Agent: Owner: Description: Red lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road Request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. (Applicant requests postponement to September 19, 2006) Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #1 @ Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for New Site Plan Approval to construct a 6/436 square foot restaurant and related site improvements on Out Lot # 1 of the Boynton Town Center site. (Applicant requests postponement to September 19, 2006) Boynton Village Community Development District (CDD 06-001) Michael SzymonowiczjWrathhell, Hart, Hunt and Associate, LLC 1950 Congress Avenue, LLC, Target Corporation, South Florida Devco, Inc.; and WR 2/ LLC Request for an ordinance establishing the Boynton Village Community Development District. (2nd Reading of Proposed Ordinance No. 06-073 will be on September 6, 2006) IX. CITY MANAGER'S REPORT: A. Revisions to 2006-07 Budget based on Budget Workshop Discussions X. FUTURE AGENDA ITEMS: A. Ordinance creating a mechanism for naming facilities within the City and establishment of overseer committee - Sept. 6/ 2006 B. Review of Management Study of Boynton Beach Police Department as prepared by the Police Executive Research Forum - Sept. 6. 2006 C. Interlocal Agreement between the City of Boynton Beach and the Palm Beach County School District on facility use and fees - Sept. 19/ 2006 5 Agenda Regular City Commission Boynton Beach, FL August 15, 2006 XI. NEW BUSINESS: A. Approve the staff recommendation for the creation of a formal Small/Minority Business Enterprise Program for the City of Boynton Beach in the form of an ordinance. (see proposed draft ordinance) XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-074 RE: Approving the adoption of the Federal Highway Corridor Community Redevelopment Plan Update. 2. Proposed Ordinance No. 06-075 RE: Approving an increase in the maximum allowable dwelling units permitted under the development order from 1,105 to 1/905 dwelling units. (Quantum Park NOPC #16 DRIA 06-001) a. Quantum Park NOPC #16 MPMD 06-003 Request to approve Master Plan Modification to allow an increase in the maximum number of dwelling units allowable from 1/105 to 1/905 units and change in designation of lots 17/ 52/ 58/ 102 and 103 to Mixed Use (MU). (Tabled to August 15, 2006) B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-077 RE: Amending the City of Boynton Beach Code of Ordinances and creating a new tiered rate structure for residential Solid Waste collection rates. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None 6 Agenda Regular City Commission Boynton Beach, FL August 15, 2006 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEffiS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AmVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 08/09/06 3:10 p.m. 5: \CC\ WP\CCAGENDA \AGENDAS\year 2006\081506.doc 7 lII.-ANNOUNCEMENTS I!r. PRESENTATIONS Item A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission 1\:1 eet I!lgJ:@!<.:s Date Final Form Must be Turned llJQJ.'ity Clerk's Office Requested City Commission Date Final Form Must b115rurned Meeting Dates in to City Clerk's (:)ffice D October 3. 2006 September 18, 2006 (Noon) - D October 17. 2006 October 2, 2006 (Noonr~ . - ->---." ". .~ ; C) D November 8. 2006 October 16, 2006 (Noon) D November 21, 2006 November 6. 2006 (Noon) D August I, 2006 July 17.2006 (Noon) 0 August 15.2006 July 31, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D September IlJ. 2006 September 5, 2006 (Noon) 0 A nnouncements/Pres entati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Permit announcement EXPLANATION: The monthly OceanfTont Concert will be held on Friday, August 18,2006,6-9 p.m" at OceanfTont Park and will feature the band Totall Kontroll. PROGRAM IMPACT: This event is consistent with the City's Special Events unit mission to create mutually beneficial partnerships, to develop opportunities for economic development and provide unique leisure time activities to the public, This announcement will generate additional publicity and knowledge of this event in the community. FISCAL IMPACT: None AL TERNA TlVES: Not permit announcement Public Affairs ~ City Manager's Signature Assistant to City Manager __~ -, U/~"<:. ~ ~d Depa ent H d's Signature City Attorney I Finance Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.I.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 to City Clerk's Office 0 August 1,2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) r2l August 15,2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21,2006 November 6,2006 (Noon) . ~~c..~ __1~.< NATURE OF AGENDA ITEM r2l o o o o Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o o o o o City Manager's Report New Business Legal Unfinished Business .....1.--'- L) , --I ,---:1 r-il .i__.:'"' I:J RECOMMENDATION: Recommend that Mayor and City Commission declare August 24, 2006 "Read for the Record Day" in Boynton Beach, Florida. EXPLANATION: Childcare providers and literacy coalitions throughout the United States are participating in the Read for the Record Challenge. Affiliated organizations in Boynton Beach along with the Boynton Beach City Library will be actively involved in this program which introduces "new readers" to the positive experience of life- long learning by becoming "joyful" readers. PROGRAM IMPACT: The program encourages all residents to take advantage of the wide array of valuable community resources that encourage and enrich the literacy experiences of our children. FISCAL IMPACT: (Include Account Number where funds will come from.) Not applicable ALTERNATIVES: k~ CIty Manager's Signature Assistant to City Manager ~ A-~~ ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Proclamation Read for the Record Day WHEREAS, our nation's public libraries, day care centers, preschools, Head Start centers, and other childcare providers promote positive literacy experiences for the youth of our communities; WHEREAS, these venues provide positive role models in relation to promoting literacy, education and life-long learning; WHEREAS, awareness and support for such literacy activities depends on the cooperative effort between these community centers as well as other integral community partners; WHEREAS, libraries, childcare providers and literacy coalitions nationwide are participating in the Read For The Record ChallenJ!e on Thursday, August 24th, 2006; NOW, THEREFORE, be it resolved that I, Jerry Taylor, Mayor of the City of Boynton Beach, do hereby proclaim Thursday, August 24th, 2006 as READ FOR THE RECORD DAY in the City of Boynton Beach and I encourage all residents to take advantage of the wide array of valuable community resources available at the Boynton Beach City Library and the Schoolhouse Children's Museum which encourage and enrich the literary experiences of our youth. 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 15th day of August, Two Thousand and Six. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk Q( 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 0 August 1,2006 July] 7,2006 (Noon.) 0 October 3,2006 September 18,2006 (Noon) !Xl August IS, 2006 July 3], 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October ]6,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) !Xl AnnouncementslPresentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDA TION: Approve proclamation addressing firefighter support of the Muscular Dystrophy Association (MDA) and announcement of Firefighter Appreciation Week. EXPLANATION: This is an annual recognition by MDA for firefighter support through "Boot Drives". PROGRAM IMPACT: Firefigbters across tbe country collect millions of dollars each year for MDA research and associated programs with tbeir annual "Boot Drives". FISCAL IMPACT: N/A / .-/ ~ City Manager's Signature Assistant to City Manager ~ not approve tbis proclamation. Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM. DOC MDA TELETHON July 13, 2006 Mayor Jerry Taylor City of Boynton Beach 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 Dear Mayor Taylor: I am writing to request your assistance in recognizing the City of Boynton Beach Fire Fighters and their efforts for the Muscular Dystrophy Association (MDA). As you may know, the City of Boynton Beach Fire Fighters will hit the streets on Labor Day Weekend to participate in the 2006 Fill the Boot Campaign to benefit the MDA. As you may know, last year the City of Boynton Beach Fire Fighters raised $19,315 and presented a check for this amount on the local segment of the Jerry Lewis/MDA Labor Day Telethon. To show our appreciation to the Fire Fighters in the City of Boynton Beach, the Muscular Dystrophy Association is sponsoring Fire Fighter Appreciation Week. I am requesting that the City of Boynton Beach proclaim the week of September 1 sl through September 8th Fire Fighter Appreciation Week. This courageous group of men and women will be recognized not only for their service to our communities but also for their dedication to all children and adults with neuromuscular diseases. Enclosed you will find a sample proclamation. We would appreciate your presenting the proclamation at a council meeting in August. Fire Fighters will be in attendance to accept this proclamation. Please contact me at (561) 742-3748 if this request will be possible. I will contact the City of Boynton Beach Fire Fighters regarding the date and time of the City Council meeting. Thank you in advance for your kind consideration of this request. P.S. Don't forget to watch the 2006 Jerry Leiws/MDA Labor Day Telethon on WPEC NEWS12 and WTVX UPN 34 broadcast from the West Palm Beach Marriott. Check your local listings for times for Sunday, September 3d and Monday, September 4th. cc: Audrey Girardi, Boynton Beach Fire Fighter Muscular Dystrophy Association 1903 South Congress Avenue #400/ Boynton Beach, FL 33426 / Phone: 561-742-3748/ Fax: 561-742-3793 www.mda.orq 'P1(OCf.1l M1l790N WHEREAS, Firefighters serve and protect communities throughout America everyday; and WHEREAS, Firefighters have become a symbol of national pride, honor and strength; and WHEREAS, Firefighters unselfishly donate their time and energy to supporting the battle against Muscular Dystrophy; and WHEREAS, Firefighters are the pre-eminent support of services and research offered by the Muscular Dystrophy Association: NOW, THEREFORE, 1/ Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, do hereby proclaim September 1st through September 8th, 2006 as: 1=9~9fJlIrE1(S J4.?fXR.;EC9J4.1"90N 11lE~1<. in the City of Boynton Beach, and encourage all citizens to recognize and support the valiant firefighters who serve them. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed on this 15th day of August in the Year 2006. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) [!I.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORi"l Requested Clly Commission Date Final Form Must be Turned Requested City CommIssion Date Final Form Must be Turned l'v1eett.DgJ2aJ,.~ in to City Clerk's Office l'v1eeting Dates in to City Clerk'~m~ D August I. 2006 July 17.2006 (Noon) D October 3, 2006 September 18.2006 (Noon) [8J August 15.2006 July 31. 2006 (Noon) D October 17,2006 October 2. 2006 (Noon) D Septcmber 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16. 2006 (Noon) D September 19.2006 September 5, 2006 (Noon) D November 2 I. 2006 November 6, 2006 (Noon) [8J A nnou ncements/Presentations 0 City Manager's Report NATURE OF 0 Administrative D New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDATION: Permit presentation to AI DeMarco, who is ending six years of service to the Community Redevelopment Agency (CRA) board, EXPLANA T10N: The CRA has requested that it be able to recognize publicly at a meeting of the City Commission, AI DeMarco, who has served the CRA for the past six years, for his service to the community. The City will also recognize Mr. DeMarco at that time through the issuance of a Citation of appreciation, PROGRAM IMPACT: This presentation will heighten public awareness of the contributions of private citizens to the quality of life in Boynton Beach, through voluntary public service, FISCAL IMPACT: None ALTERNATIVES: Not permit presentation. .~~~ ~~~ Depart t Head Ignature u ---. City Manager's Signature Assistant to City Manager ~ -~- Public Affairs Department Name City Attorney / Finance S IBULlI:IINIH)RMS\AGENDA ITEM REQUEST FORMDOC CITA TION Boynton Beach is fortunate to have many citizens who take an active role in their City and who are committed to improving the quality of life for everyone that lives, works, plays and learns here. These people offer their time and talent with no expectation of reward other than the satisfaction of knowing they have made a valuable contribution to the community. One such person is AI DeMarco. Mr. DeMarco has over 30 years experience as a Commercial Investment Realtor and was involved in Real Estate as a trustee for the U.S. Bankruptcy Court and receiver for the Florida Circuit Court. Most recently, Mr. DeMarco has shared his knowledge and expertise in these areas as a member of the City's Community Redevelopment Agency during an important period in the City's redevelopment. He has been involved in Boynton Beach community activities for the past 20 years, and was a prominent figure in the Dade County business and political arena for more than 30 years. Mr. DeMarco resides in Boynton Beach and is a member of the Greater Boynton Beach Chamber of Commerce; the Palm Beach County Council of Realtors; and the Agricultural Reserve Citizen Committee, Palm Beach County . In 2004/ Mr. DeMarco was honored by the Realtors Association of the Palm Beaches with its Community Service Award. This prestigious award is given to the member who has contributed the most to their community through participation on a volunteer basis in civic activities. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognized with this Citation AI DeMarco for his many valuable contributions on behalf of the citizens of Boynton Beach. 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 15th day of August, Two Thousand and Six. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) V. ADMINISTRATIVE ITEM A. APPLICANTS ELIGIBLE FOR APPOINTMENT 08/15/06 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Aqency Board Barnes Matthew Community Redev. Planning & Dev. 3/30/06 AQency Board Board Blehar Jon Planning & 8/8/06 Development Bd. Buchanan James (Buck) Community Redev. 7/10/06 AQencv Board Mendelsohn Sanford Community 8/7/06 Relations Bd. VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August 1, 2006 July 17,2006 (Noon.) D [8J August 15,2006 July 31, 2006 (Noon) D D September 6, 2006 August 14,2006 (Noon) D D September 19.2006 September 5, 2006 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 3. 2006 September 18,2006 (Noon) October 17,2006 October 2, 2006 (Noon) November 8, 2006 October 16,2006 (Noon) November 21, 2006 November 6, 2006 (Noon) " .._-~ NATURE OF AGENDA ITEM D AnnouncementslPresentations D Administrative [8J Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D UnfInished Business D --<:, c: -,.-~ .. c..!~ RECOMMENDATION: A motion to award the "PURCHASE OF ONE NEW AND UNUSED DUAL SIDE.~pADlOO RECYCLING VEHICLE" Bid# 045-2516-06/JA to Container Systems & Equipment, of Daytona Beach, Florida in'ilk amount of $119,555.00. There is an allowance for the "Trade In" for the 1998-Intemational, in the amount of $ 9,000.00. Therefore the total expenditure is $110,555.00. EXPLANATION: On June 28, 2006, three proposals were opened in Procurement Services. All proposals were reviewed and it was determined by Tim Calhoun, Fleet Manager, that Container Systems & Equipment, of Daytona Beach, Florida is the lowest, most responsive, responsible bidder that met all specifications. Procurement Services concurs with this recommendation (see memo #06-076). Please note that page 9 of the proposal allows the City to "exercise the right to purchase another Recycling Truck based on the same specifications after October I, 2006 if funds are approved by the Board and are available". PROGRAM IMPACT: The purpose of this bid was to purchase one new and unused Dual-Side Loading Vehicle to include a trade-in vehicle and to provide an option to purchase another Recycling Vehicle in 2006/07, to include a trade-in vehicle, if funds are available. FISCAL IMPACT: 2005/06 2006/07 BUDGET ACCOUNT# 501-2516-519-64-33 501-2516-519-64-33 BUDGET AMOUNT $110,555.00 $116,480.00 (Pending Budget Approval) The purchase of this vehicle will enable the City to continue Procurement Services Distribution: Tim Calhoun - Fleet Manager; Chris Roberts - Assistant Director of Public Works; File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC PUBLIC WORKS DEPARTMENT MEMORANDUM #06-076 SUBJ: Bobby Jenkins, Assistant Finance Director f.i) Christine Roberts, Assistant Director of pubtc W orks ~ Tim Calhoun, Fleet Administrator 1 (. . Bid Award #045-2516-06/JA TO: THRU: FROM: DATE: July 13, 2006 Fleet Maintenance have reviewed the Bid#045-2516-06/JA for Dual Side-Loading Recycling Vehicle and find that Container Systems provides a product that meets or exceeds our specifications and has provided us a trade-in value for the vehicle being replaced. If the 2006/07 Vehicles Replacement Budget is approved we will be ordering another truck after October 1, 2006 and trading in the replacement unit. We have entered a requisition in the system, please proceed with awarding Container Systems with a purchase order. PW File CC: Jeffrey Livergood, P.E. Director Public Works Department UlUl e"U rom s:o -:;; ~- mO O~ o Z o I m o ^ 6 " " Ul I m m -i Ul -< m Ul -< m Ul -< m Ul -< m Ul -< m Ul -< m Ul "U ::0 o o e o -i r :::j m ~ e ::0 m Ul e ro s: :j m o co o N ~ o w o (D o Z e s: ro m ::0 o " o m r <:: m ::0 -< o )> -< Ul UlZ ee ros: S:ro -m ~::o mO 0" ro o "U ::0 o "U o Ul )> r Ul ~ o ~ o o Z m -i o "U UlUl -1m Or om ^O s:-i O~ 00 mm r-- --J ~ o o N o G)o I --J Ul" 01 "U::o 8s:::O!!! 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'" ~ ~. ~ ~ ~ g ~ ~ <n Cl> Cl> CD <" S' 0" 5" Q) co CD 3' 0. iJi" Q.) =r en CD CD Q. tu g o' ~ .z ~ 0 o' ~. ~ ::J <n z o ""C C :::0 n I )> en m o " o z m z m :E )> z o c z c en m o o c )> r en o m I r o )> o z G> :::0 m n -< n r z G> < m I (') r m SPECIFICA TIONS FOR "PURCHASE OF ONE NEW AND UNUSED DUAL SIDE-LOADING RECYCLING VEHCILE" Scope of Work: The City of Boynton Beach is seeking to purchase one (1) new, current production model, diesel powered dual side loading recycling truck to include a trade-in. This vehicle will be used on various recycling routes within the City of Boynton Beach. The intent of these specifications is to describe a new, current production model, diesel powered truck. This truck will be configured for Solid Waste Recycling programs, dual-side loading, over the top dumping with two compartments capable of dumping each compartment separately. A long wheelbase, regular cab chassis, a minimum GVWR of 35,000 lbs, and a cab to axle measurement to handle the recycling dump body. The cab will be configured with dual drive stations, standard left and a low entry, stand up on the curb side. This set-up will allow both street and curb loading of recyclable goods. Any mention of the manufacturers brand names shall be for descriptive purpose and will be considered as minimum requirements under this bid. The City of Boynton Beach, herein after referred to as the "City" shall reserve the right to be the sole and final authority in determining what is "Equal" or "Superior" where the term "Or Equal" is used. The following items are intended to describe the needed specialized equipment that shall be included inion the unit. Failure to mention any specific items normally supplied with or needed to complete the unit shall not alleviate vendor responsibility to supply and install such items. This vehicle shall be manufacturer's latest basic production model, and shall be equipped with all standard equipment in accordance with manufacturer's latest literature if not specified in the following description, and must carry full manufacturer's warranty. Vendors are invited to submit existing, demo, or stock units as part of this bid. The City will have exclusive rights to decide which truck best suits the needs of the City of Boynton Beach, based on time for delivery, cost, equipment options or any other criteria the City feels necessary. The City reserves the right to waive specifications in selection of an acceptable unit. THIS PAGE MUST BE SUBMITTED WITH PROPOSAL 3 Bid Specifications Continued... Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets with the proposal sheet in order for a bid to be considered. CAB & CHASSIS: x , :250 hY7 ~ 2.200rpm /660 ';;/1> -WY"111l? € 1:200 rf1Wl ENGINE: r :; .. Electronic diesel engine, liquid cooled, with a minimum of 215 HP @ 2300 RPM, 560 lb - ft. torque @ 1400 RPM, with a governed engine RPM of 2600 x , Heavy duty cooling system with permanent antifreeze )( Dry type air cleaner with service (restriction) indicator Fuel/Water separator with sight glass OK; except 110 s"Af- 11;1l~ ,x Exhaust system, single horizontal exhaust system with short turned down tail pipe, mounted to curb side of the chassis: This is a required item, vFry low lfres in the residentiaAneighborhoods VeAlt:'a/ exA.iif (},f -(0 k~ JVwreS 'A.1Va.y . Tl"tJ Wl OfJFY'A.-To;;'-S Engine protection system, at a minimum, must be activated by low engine oil pressure and overheating. System shall have a visible alarm for low oil pressure, overheating and low coolant level, with automatic engine shut down feature ELECTRICAL SYSTEM: X Minimum 120 amp 12 volt alternator )( Batteries to have a minimum total of 1950 CCA @ 0 degrees F All electrical systems to be protected by circuit breakers soWle -tvses ~Y'e ptl:>v.tJeol ~ Battery disconnect switch accessible to the operator at the left driver door area , TRANSMISSION: x.. Automatic (Allison MD-3060CR) close ratio, mllllmum 5-speed. Must have "Force to Neutral Feature" when work brake is activated 3500 (<.b S THIS PAGE MUST BE SUBMITTED WITH PROPOSAL 4 Bid Specifications Continued... AXLES & SUSPENSION: X- X Steel front axle "I BEAM TYPE", with shock absorbers, minimum 13,000 lb. Capacity with parabolic springs /~ 000 /6. ~/t!. 0/ /.2lotX; /k sfr,;'jS Front wheel oil-lubricated bearings and seals :;l3JOOO /b 6.S' r~+'o Rear axle, single speed, minimum 22,000 lb. capacity. Gear ration: 4.11/5.60 PERFORMANCE ITEMS: X / x Factory installed speedometer, odometer, ammeter and voltmeter, fuel gauge, engine oil gauge, coolant temperature gauge, tachometer, air pressure gauge and dash mounted engine hour meter Power steering COMFORT ITEMS: X Air conditioning integral with heater defroster and containing R134 refrigerant (CFC Free) ;<: Factory installed AMlFM radio. Arm rest left door. Sun visors both sides JC Factory tinted glass all windows, including windshield / SAFETY ITEMS: x " x >( >( " x Heavy-duty self-canceling turn signal switch, traffic hazard warning switch, functional from either left or right side driver areas Dual air horns, dual electric horns. Dual electric horns to be functional from left or right driver areas Strobe lights, dual, mounted just below top of rear tail gate Fire extinguisher, 10 lb. BC. Mounted inside of the cab, between the two operator stations Triangle warning kit for road hazards/break downs; mounted inside the cab, between the two operator stations THIS PAGE MUST BE SUBMITTED WITH PROPOSAL 5 Bid Specifications Continued... x , )( / )( X / BRAKES: Stainless steel, power adjusting 6" x 16" west coast type mirror~ ~ith lower (9") convex mirrors mounted on tl}e left and right sides ;Y ~cld' rflf) /l:it/ 1<1I qI -r~nder /I'1{)i/I1-1ec{ eon vex #1"r~rs Automatic/adjustable volume backup alarm Exterior grab handles on right and left side of cab excepT LH oNy I'tt>-f Clearance lights on front bumper to mark right and left comers for operator safety SVffJf,pJ Back up observation and safety surveillance system (lOlOf< LCD bl>Pt.I1S1 LII )< ABS air brake system, minimum 13.2 cfm air compressor IS: S- ~ .x Air reservoir(s) with manual moisture ejector valve(s) an' avfo,..,;cf,'c ~scio r X Manual moisture ejector valve( s) to be mounted on bottom of air tanks, if possible side location preferred X Spring applied parking brake with in-cab parking brake control / X In cab work brake for continuous house to house, stop and starts / X Automatic slack adjusters, front and rear /" Low air pressure warning indicator light and alarm )( Dust shields on front and rear / ,X Air dryer system required 01:( e )(cep-f" Ilf ply (;oo'/ye a.r" -6""~ ..s Six (6) llR22.5, load range H, 16 ply tubeless tires with highway tread TIRES AND WHEELS: x ~. All wheels to be one-piece steel disc, IO-hole, ISO hub pilot mount, 22.5 inch diameter Iff; S/Ja."'~.s PT"Ov,Pl~oI Two (2) spare wheels painted white to matlh the origitfal chassis wheels CEU\SSIS,~~: X Standard front bumper X Frame mounted tow hooks on front THIS PAGE MUST BE SUBMITTED WITH PROPOSAL 6 Bid Specifications Continued... ;( Factory installed, top draw, rectangular, steel fuel tank with minimum 50 ga:tlon capacity, mounted on the left side with center step )( Frame rails, minimum 850,000 Ibf. in RBM / CAB EQUIPMENT: X Conventional cab, with tilt-type hood and fender assembly Driver's seat (left), Hi-back, air operated 11/- b~ JHCcha.I1/Ca./ 5tJ~ns"Or'l X Factory installed cab conversion, right side. Full compliment of accessories to operator vehicle from curb side. Steering, brakes, lights, throttle and passive restraint system ')( Right seat to fold out of the way to allow for stand up driver operation / CAB PAINT: K Manufacture standard white, acrylic urethane paint ADDITIONAL ITEMS: X One full set of service and repair manuals, covering the chassis and drive line, wiring schematics and maintenance schedule. (CD is acceptable) MISCELLANEOUS: X All warranty information on cab and chassis to be provided at time of bid, warranty start up date to be same as delivery date to the City of Boynton Beach RECYCLING BODY: (Note: Currently the City of Boynton Beach, Solid Waste Fleet has two Labrie, Top Select" Recycling units with the "Maximizer" feature. Therefore, the following body specifications are looking for like features) X Body capacity, minimum 35 cubic yards THIS PAGE MUST BE SUBMITTED WITH PROPOSAL 7 Bid Specifications Continued... /x: X / K / x y r ,x BODY PAINT: Hydraulic pump, commercial gear type, 18.5 gpm at qoo rpm; ,front mount, ~ ' 1- engine driven with over speed protection /7 '7fJlt1 ~ no-!- 511ff P7lJ wj a I"~C P'1()vn+ fltNne Full 45 degree body dump angle, using a single multi-stage hydraulic cylinder Tailgate to have anti-leak rubber seal, hydraulic locking device and safety prop Body features. One center partition with floor mounted hydraulic packing control, to adjust and maximize load capacity. (Minimum 80" stroke) Dual side load system with no-tool adjustable panels in each side bucket. Minimum bucket volume 2 cubic yards. Bucket cylinders will be fully cushioned when lowered back to the park position (bucket must not be higher than 41" in the down position) Right and left area work lights. Dual flashing amber lights (8") mounted to the top rear of the tailgate, one on the left side and one on the right. Lights to be switch controlled from the operator console. All rear mounted tail, stop and flashing lights will be weather proof, full pattern LED lamps All operator controls to be mounted in the center of the cab for operator access from the left or right operator stations >< Must match cab manufacturer's "white", acrylic urethane paint OPTIONS: X One full set of service manuals, displaying photo and written repair procedures, wiring, hydraulic schematics and parts book. CD is acceptable TRADE IN VEIDCLE OPTION: /x The City of Boynton Beach may at our discretion trade in one recycle truck with the purchase of this new unit. The unit being replaced will be used as trade on the new unit The trade in: 2000 - International 4700LP VIN# 1 HTSDAAN9YH247899 Engine - 466E ci International Diesel Tires - 11 R22.5 Dual side over the top loading body THIS PAGE MUST BE SUBMITTED WITH PROPOSAL 8 Bid Specifications Continued... Body Labrie 42yd. Body Engine hours 4800 plus/04/2006 Condition - J< The City of Boynton Beach at our own discretion exercise the right to purchase another Recycling Truck based on the same specification after October I, 2006 if funds are approved by the Board and are available. At that time we may at our own discretion trade in one recycle truck with the purchase of this new unit. The unit being replaced will be used as trade on the new unit The trade in: 1998 - International 4700LP VIN# IHTSCAAN2WH574161 Engine - 466 ci International Diesel Tires - 255/70r22.5 Dual side over the top loading body Body G&S Recycler 37yd. Body Engine hours 4400 phis/04/2006 Condition - THIS PAGE MUST BE SUBMITTED WITH PROPOSAL 9 Submit Bids To: Bid Title: Bid Number: Bid Received By: BIDDER ACKNOWLEDGEMENT PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 "PURCHASE OF ONE NEW AND UNUSED DUAL SIDE-LOADING RECYCLING VEHICLE" 045-2516-06/JA June 28,2006, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: June 28, 2006, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform t9 applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: Co.vnl..?VF~ q- CQv IP. a. ;We. , S"Y,S7FMS S9- /~S'l~:22 ,t::'t.OIfY bA A Corporation of the State of: Area Code: 3 ~ l:. Area Code: 3Et Mailing Address: City/State/Zip: Vendor Mailing Date: Telephone Number: ..2S 3 - !>~~~ 32.I/if AUili~7LaH B;U YOtlrtJ Name Typed TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 20 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: h - 2[/- 0' The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: One New & Unused Dual Side Loading Diesel Powered Recycling Truck: $ /1t:1#SSS-.OO . Allowance for Trade In Price for 1998- International $ 9. 000" <JO , Allowance for Trade In Price for 2000 - International $ /~DOO.OO NET PRICE AFTER TRADE-IN ALLOWANCE: $ 93.5:5.5.00 TOTAL AMOUNT ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within q 0 calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted / Specification "check-off" sheets (pages 3 -9) \/~< submitted ~ Yes/No Product Literature Submitted ~ ~ THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 BID PROPOSAL List of References Submitted V-es ~ Warranty Enclosed ws ~ ;<w 7 Fre1kf;'~r G-S Prdvcfs MANUFACTURER &~;'eJ"" (S?~e~s ~ fQcJ/~' (b.,!".c. CaMP NAME , /11:2. SfJ3S-D MODEL &/~ SIGNA &JJl You~ PRINTED r res. TITLE ([ (~{, ) 25:3 -...r oS s r TELEPHONE NUMBER AltJ7E : WE AeKNowt€D~f, /<ECEIP7 of /1 AbDEA./Dom be L f77N b t''lI1AX//I1/Z€'/{ FtA-rt/Rz.. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 ANTI-KICKBACK AFFIDA VIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: !!~I:TUR~ Sworn and subscribed before me this .,;J.. i1t. day of :5" ~ -L- ,20 eJ 6 Printed Information: Bill YOr! Yl1 NAME rv-es . TITLE (1Y~;tlel !;yd€MfS <y-- &II/~O'J Inc COMPANY f'-'- ......"''.~IP'''~ c'~?"~'" ::'''':,~..~\ :'<1: _ ~.: ~~~< ;,. ~. j ~.. .._~...1 .. ,,;"', ~ . .. ~'.;. ~,~.",,~- ..~ ":J:'.f);~af~,""" CHARLES S. DeZARUBA Notary Public, State of Aorida My comm. expires Oct. 23, 2006 Comm. No. DD 153522 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 23 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: ( ) AMERICAN INDIAN ( ) 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 MOB - 1 Revised 02/22/05 24 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~:ft7~. / Vendo -- Siiinf!!J THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 Exceptions to the Specifications Cab & Chassis City Spec: Provided: City Spec: Provided: Fuel /Water separator with sight glass OK, except no sight glass 'Exhaust System, single horizontal. . ... single vertical exhaust to keep fumes away from operator Electrical System City Spec: Provided: all electrical systems to be protected by circuit breakers OK, except some circuits protected by fuses Axles & Suspension City Spec: Provided: Safety Items City Spec: Provided: Cab Equipment City Spec: Provided: Recycling Body City Spec: Provided: min 13,000 lb front axle rating 10,000 lb rated axle with 12,000 lb leaf springs clearance lights on front bumper. . .. no bumper mounted clearance lights Driver's seat (left), Hi-back, air operated OK, except mechanical suspension type seat front mount hydraulic pump. . .. "hot-shift" PTO wI direct mount19 gpm pump WARRANTY COVERAGES Base Chassis: Transmission: Engine: Frame & Cab Structure: Batteries: Base Body: Hydraulic Cylinders: 2 years, unlimited miles 2 years, unlimited miles 3 years, 150,000 miles 5 years, nnlimited miles 1 year, 100,000 miles 1 year, unlimited hours 2 years, unlimited hoW'S 2007 Freightliner M2 with G-S 50350 Recyle Body G - S fJroclvd5 ayt of. Crane Carrier Cab & Chassis Florida User List City of Sarasota Duane Mountain, Public Works CCC chassis with Lodal frontloader, Loadmaster rearloaders 941-365-7965 City of Ft. Lauderdale Greg Slagle, Solid Waste Mgr. CCC chassis with dump bodies 954-761-5796 City of Tampa Mark WilfaIk, Deputy Dir., Solid Waste CCC chassis wi G-S recycler bodies and Loadmaster rearloaders 813-348-1153 City of Venice Debbie Gardow, Solid Waste Supt. CCC chassis wi G-S recycler bodies and front loaders 941-486-2640 City of North Miami Beach Chuck Callari, Fleet Manager CCC chassis wi various bodies 305-919-3757 City of Boca Raton Bob DiChristopher, Dpty. Director CCC chassis, wi G-S recycler bodies 561-416-3409 City of Punta Gorda Dave Paull, Fleet Mgr. CCC chassis wi Loadmaster rearloaders 941-575-5558 City of Bradenton Ricardo Ramos, Solid Waste Mgr. CCC chassis wi Loadmaster rearloaders and Wittke front loaders 941-708-6340 City of Clearwater Tom Downes, Solid Waste CCC chassis with Loadmaster rearloaders 727-562-4930 City of Altamonte Springs Ray Cogburn, Fleet Manager CCC chassis wi G-S recycler bodies and Loadmaster rearloaders 407-571-8909 City of Largo Benjamin Boyd, Solid Waste Mgr. CCC chassis wi G-S recycler bodies and Heil sideloader bodies 727-587-6718 City of Temple Terrace FA Davis, Fleet Manager CCC chassis wi G-S recycler bodies and Loadmaster rearloaders City of Lakeland Tom Blanke, Fleet Director CCC chassis wi G-S recycler bodies and Loadmaster rearloaders City ofVero Beach David Collins, Fleet Manager CCC chassis wi Loadmaster rearloaders City of Bradenton Beach Dottie Poindexter, Public Works Director CCC chassis with Loadmaster rearloader City of Miami lose DaVila, Fleet Management CCC chassis w G-S recycler bodies City of Dunedin Randy Moore, Fleet Manager CCC chassis wi Loadmaster rearloaders and Wittke frontloaders City of Gulfport LeRoy Walker, Fleet Mgr. CCC chassis wi G-S recycler bpody City of Ocala Robert Barnes, Fleet Services CCC chassis with Loadmaster rearloaders City of Titusville Hillary Arena, Solid Waste CCC chassis with Loadmaster rearloaders and Wittke frontloaders Emerald Coast Utilities Authority Randy Rudd, Solid Waste Dir. CCC chassis with Loadmaster rearloaders and Heil sideloader bodies City of North Miami Don Camarossa, PW Operation Chief CCC chassis wi G-S recycler bodies 813-989-7075 863-834-8780 772-978-5361 941-778-3947 305-575-5171 727 -298-3228 727-893-1088 352-351-6762 321-383-5756 850-944-0015 305-945-8164 A Division of GSP Marketing, Inc. 5000 Series Overtop Recycling Bodies Our Features and Benefits 19 to 38 cubic yard capacities for class 6 and 7 applications. Curbsort, commingle and compaction configurations. 52 degree bin dump angle ensures bin c1eanout. Flatback loading bins prevent material bridges. 5 degree bin tilt (during lift) minimizes spills. Curved shell construction for added strength. Standard and high capacity loading bins. Zero top gap reduces overhead hazards. No whip - no spill overhead geometry. Air controls on all body functions. *Onboard plastics densifier. *5700 compactor with twin 4" hydraulic cylinders. *Adjustable partitions with sliding access doors. ~ *Up to 5 autolock cart attachments per side. *LED body, warning and work lights. 'Indicates optional components and/or configurations. 100% made in the USA GSP Marketing, Inc. · 150 Dominion Drive · Somerset, PA 15501 Phone 814.445.5866 · Fax 814.443.4966 ems ., Inc. (32114) .2115-0249 ) 253-8537 IP body. )(Ie. lme . req. )P body. lurations. de. arne. ; req. >p body. ~urations. lXle. lrne. req. nel. Instruction. :; cyls. r. >ins. y. Your source for aluminum and steel end dumps, trailers, high lifts, side dumps, overtops and full eject side loaders. .'0 lBlf o 0 . 0 . 0 T ^LV^ TE I 35 CU/YO I Uf)- ~. -220'-~ ----, ill' ,"'~ ~.) I' .- I Iff-- ~ ",,c::u:-:s fKClJ:T~ I , "'- JO CU/YO 1_ PHe_ RMU: . 911/<--'>j :6 QV'IO II ~-ill~X'~ 0) -1=. I ~_-!/ G ;:: 572e NEW EQUIPMENT LIMITED WARRANTY GSP Marketing, Inc., referred to herein as G-S Products, warrants for a period of twelve (12) months from date placed in service by the first purchaser, each refuse collection body manufactured by G-S Products to be free from defects in material and workmanship when operated for the purpose of which it was designed. This warranty extends only to the first owner and shall not extend to any third party. This warranty is expressly limited to, at G-S Products sole discretion, the repair or replacement of defective part by an authorized G-S Distributor, or other such facility directed by G-S Products within twelve (12) months from the date the body was placed in service by the first purchaser. In addition to the stated structural and component warranties, all body hydraulic cylinders are warranted for twelve (12) months from the original in-service date. G-S Products reserves the right, at any time, to make changes in the design, material, function and specifications of equipment and/or accessories thereof without thereby becoming obligated to make similar changes in such products and accessories previously manufactured. This warranty is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this warranty. No salesman, agent, employee or representative of G-S Products or any other party is authorized to make any warranty in addition to those made herein; unless modified in writing and signed by an officer of G-S Products and the Purchaser. G-S Products makes no warranty of products manufactured by others and supplied by G-S Products, the same being subject to warranties, if any, of their respective manufacturer. G-S Products shall not be held liable for special, incidental, or consequential damages of any nature as defined in the G-S Products warranty code and the Uniform Commercial Code. . THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. r'3ge ",I: ,_ I -..> SPECIFICATION PROPOSAL Description M2 PRL-71W (EFF:08109105) M2106 CONVENTIONAL CHASSIS SET BACK AXLE - TRUCK STRAIGHT TRUCK PROVISION LH PRIMARY STEERING LOCATION TRUCK CON~IGURATION DOMICILED, USA 50 STATES (WITH CALIFORNIA) PICKUP & DELIVERY/SHORT HAUL SERVICE GOVERNMENT BUSINESS SEGMENT DRY BULK COMMODITY TERRAINIDUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS MAXIMUM 8% EXPECTED GRADE SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN-TRANSIT (BETWEEN SITES) ROAD SURFACE MEDIUM TRUCK WARRANTY EXPECTED FRONT AXLE(S) LOAD: 10000.01bs EXPECTED REAR DRIVE AXLE(S) LOAD: 230000 Ibs EXPECTED GROSS VEHICLE WGT CAPACITY . 33000.0 Ibs RECYCLING BODY MBE900-250 6AL 250 HP@2200 RPM;2500 GOV66iJ lBIFT @ 1200 RPM 2004 EPNCARB EMISSION CERTIFICATION ENGINE MOUNTED Oil CHECK AND Fill 0810912005310 PM Page 1 of 9 I Q~<; -..I V, ..... I ~-l Description ONE PIECE VALVE COVER SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER DR 12V 145AMP 24-SI QUADRAMOUNT PAD AL TERNATOR (2) ALLIANCE 1131 GRP31 12V MF 1900 CCA THREADED STUD BATTERIES BATTERY BOX FRAME MOUNTED SINGLE BATTERY BOX FRAME MOUNTED LH SIDEBACK OF CAB FRAME GROUND RETURN FOR BATTERY CABLE:3 NON-POLISHED BATTERY BOX COVER BATTERY SHUTOFF SWITCH AT BATTERY BOX POSITIVE POST FOR JUMP START NO CLUTCH WABCO 15.5 CFM AIR COMPRESSOR TEFLON COr.,PRESSOR DISCHARGE LINE ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM MERCEDES BENZ ON/OFF COMPRESSION BRAKE SINGLE HORIZONTAL OVAL UNDER CAB MOUNTED MUFFLER WITH SINGLE LH VERTICAL STACK THROUGH B-PILLAR 11' OS" (138"+0/-S") EXHAUST SYSTEM HEIGHT ALUMINUM MUFFLERITAILPIPE SHIELD(S) HORTON HTS50 FRONTAL AIR ON/OFF ENGINE F,~N CLUTCH AUTOMATIC CONTROL WITHOUT DASH SWITCH MBE FUEL FILTER FULL FLOW OIL FILTER 870 SQUARE INCH RADIATOR ANTIFREEZE TO -60F, ETHYLENE GLYCOL PRE- CHARGED SCA HEAVY DUTY COOLANT RUBBER COOLANT HOSES CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES LOWER RADIATOR GUARD PHILLIPS- TEMRO 1000 WATT/115 VOLT BLOCK HEATER CHROME ENGINE HEATER RECEPTACLE MOUNTED UNDER LEFT HAND DOOR ALUMINUM FLYWHEEL HOUSING DELCO 12V 29MT STARTER 0810912005 3:10PM Page 2 of 9 ~ ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION WTEC CALIBRATION - 6 SPEED RDS (PACKAGE 168) VEHICLE INTERFACE WIRING WITH BODY BUILDE~ CONNECTOR MOUNTED END OF FRAME ELECTRONIC TRANSMISSION CUSTOMER ACCESS CONNECTOR FIREWALL MOUNTED CHELSEA 277 SERIES CUSTOMER INSTALLED PTO WITH REMOTE SOLENOID PTO MOUNTING, LH AND RH SIDE OF MAIN TRANSMISSION MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN PUSH BUTTON, ELECTRONIC SHIFT CONTROL, DASH MOUNTED WATER TO OIL TRANSMISSION COOLER - FRAME MOUNTED TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK AF-10.0-310,000# FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE MERITOR 16.5X5 Q+ CAST SPIDER CAM FRONT BRAKES, DOUBLE ANCHOR, FABRICATED SHOE~; NON-ASBESTOS FRONT BRAKE LINING CONMET CAST IRON FRONT BRAKE DRUMS FRONT BRAKE DUST SHIELDS CHICAGO RAWHIDE SCOTSEAL FRONT OIL SEAL~; VENTED FRONT HUB CAPS - OIL STANDARD SPINDLE NUTS FOR ALL AXLES MERITOR AUTOMATIC FRONT SLACK ADJUSTER~; TRW THP-60 POWER STEERING POWER STEERING PUMP 2 QUART SEE THROUGH POWER STEERING RESERVOIR 12,000# TAPERLEAF FRONT SUSPENSION MAINTENANCE FREE RUBBER BUSHINGS - FROi'lu SUSPENSION FRONT SHOCK ABSORBERS 08/0912005 3: 10 PM Page 3 of 9 I IWPl Description ARS-23.0-4 23,000# R-SERIES SINGLE REAR AXLE 6.86 REAR AXLE RATIO IRON REAR AXLE CARRIER HOUSING 17T MERITOR MAIN DRIVELlNE WITH HALF ROUJ\ [) YOKES CASTROL TRANSYND SYNTHETIC AUTOMATIC TRANSMISSION OIL AND MOBIL SYNTHETIC 75W.. 90W ALL AXLES MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOE~; NON-ASBESTOS REAR BRAKE LINING BRAKE CAMS AND CHAMBERS ON FORWARD SID:: OF DRIVE AXLE(S) CONMET CAST IRON REAR BRAKE DRUMS REAR BRAKE DUST SHIELDS CHICAGO RAWHIDE SCOTSEAL REAR OIL SEArS HALDEX LONGSTROKE 1-DRIVE AXLE PARKING CHAMBERS MERITOR AUTOMATIC REAR SLACK ADJUSTERS 23,000# FLAT LEAF REAR SPRING SUSPENSIONWIHELPER, WITH RADIUS ROD SPRING SUSPENSION - NO AXLE SPACERS STANDARD U-BOL T PAD FORE/AFT CONTROL RODS AIR BRAKE PACKAGE WABCO 4S/4M ABS WITHOUT TRACTION CONTROL ENHANCEMENT REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES STANDARD BRAKE SYSTEM VALVES RELAY VALVE WITH 5-8 PSI CRACK PRESSURE NO REAR PROPORTIONING VALVE BW AD-IS (DRM) BRAKE LINE AIR DRYER WITH SHiElD, HEATER AND INTEGRAL RESERVOIR STEEL AIR BRAKE RESERVOIRS PULL CABLES ON ALL AIR RESERVOIR(S) NO TRAILER CABLE RECEPTACLE UPGRADED CHASSIS MULTIPLEXING UNIT 08/09120053:10 PM Page 4 of 9 ~ Description UPGRADED BULKHEAD MUL TIPLEXING UNIT 5800MM (228") WHEELBASE 7/16" X 3-9/16" X 11-1/8" STEEL FRAME (1111MM;< 282.6MM/437" X 11.13")120KSI 1925MM (76") REAR FRAME OVERHANG SQUARE END OF FRAME STANDARD WEIGHT ENGINE CROSSMEMBER STANDARD REARMOST CROSSMEMBER STANDARD SUSPENSION CROSSMEMBER THREE-PIECE 14" STEEL CENTER BUMPER WITH FLEXIBLE PLASTIC ENDS FRONT TOW HOOKS - FRAME MOUNTED BUMPER MOUNTING FOR SINGLE LICENSE PLATE CLEAR FRA~E RAILS (EXCEPT FUEL TANKS) OUTBOARD BOTH RAILS BACK OF CAB TO REAR SUSPENSION GRADE 8 THREADED HEX-HEADED FRAME FASTENERS NO RIGHT-HAND FUEL TANK 50 GALLON/189 LITER RECTANGULAR ALUMINU~l FUEL TANK - LH RECTANGULAR FUEL TANK(S) PLAIN ALUMINUMIPAINTED STEEL FUELlHYDRAULlC TANK(S) WITH PAINTED BAND:, FUEL TANK(S) FORWARD FUEL TANK CAP(S) INSTAHEAT FUEL HEATER (1 TANK) ALLIANCE FUEL FIL TERiWATER SEPARATOR WITH HEATED BOWL AND INDICATOR LIGHT EQUIFLO INBOARD FUEL SYSTEM REINFORCED NYLON FUEL HOSE 11R22.5 14 PLY RADIAL FRONT TIRES GOODYEAR G149 RSA 11 R225 14 PLY RADIAL FRONT TIRES 11R22.514 PLY RADIAL REAR TIRES GOODYEAR G182 11 R22.5 14 PLY RADIAL REAR TIRES 0810912005310 PM Page 5 of 9 I ~ l CONMET IRON FRONT HUBS CONMET IRON REAR HUBS ACCURIDE 29637 225X8.25 10-HUB PILOT 10-HAND HSLA STEEL DISC FRONT WHEELS ACCURIDE 29637 22.5X8.25 10-HUB PILOT 10-HAND HSLA STEEL DISC REAR WHEELS 106" BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB NO SLEEPER BOXlSLEEPERCAB RUBBER CAB MOUNTS GRAB HANDLE LH HOOD MOUNTED CHROMED PLASTIC GRILLE FIBERGLAS~ HOOD DUAL 26" RECTANGULAR POLISHED ALUMINUM I~IR HORNS SINGLE ELECTRIC HORN DUAL HORN SHIELDS ALL LOCKS KEYED THE SAME REAR LICENSE PLATE MOUNT END OF FRAME INTEGRAL HEADLlGHTIMARKER ASSEMBLY WITH CHROME BEZEL (5) AMBER MARKER LIGHTS INTEGRAL STOPITAILlBACKUP LIGHTS STANDARD FRONT TURN SIGNAL LAMPS DUAL BRIGHT HEATED WEST COAST MIRRORS WITH LHlRH REMOTE DOOR MOUNTED MIRRORS 102" EQUIPMENT WIDTH LHlRH 8" BRIGHT FINISH CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS RHlLH FENDER MOUNTED, SURE PLUS 8" CONVE< MIRRORS AND BRACKETS, BRIGHT STANDARD SIDElREAR REFLECTORS 63"X14" TINTED REAR WINDOW TINTED DOOR GLASS LH AND RH WITH TINTED NON-OPERATING WING WINDOWS MANUAL DOOR WINDOW REGULATORS TINTED WINDSHIELD 08/09120053:10 PM Page 6 of 9 ~ Description 8 LITER WINDSHIELD WASHER RESERVOIR WITHOUT FLUID LEVEL INDICATOR OPAL GRAY VINYL INTERIOR MOLDED PLASTIC DOOR PANEL WITH ALUMINUr.1 KICKPLA TE LOWER DOOR MOLDED PLASTIC DOOR PANEL GRAY VINYL MATS WITH INSULATION FORWARD ROOF MOUNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS WITHOUT NETTING IN DASH STORAGE BIN (2) CUP HOLDERS LH AND RH DASH GRAY/CHARCOAL FLAT DASH 5 LB. FIRE EXTINGUISHER HEATER, DEFROSTER AND AIR CONDITIONER MAIN HVAC GONTROLS WITH RECIRCULATION SWITCH STANDARD PLUMBING WITH SHUTOFF VALVES SANDEN COMPACT AIR CONDITIONER COMPRESSOR BINARY CONTROL, R-134A CAB INSULATION SOLID-STATE CIRCUIT PROTECTION AND FUSES 12V NEGATIVE GROUND ELECTRICAL SYSTEM DOME LIGHT WITH 3-WAY SWITCH ACTIVATED By LEFT HAND DOOR(S) CAB DOOR LATCHES WITH MANUAL DOOR LOCK~; (1) 12V POWER SUPPLY. IN DASH TRIANGULAR REFLECTORS WITHOUT FLARES HIGH BACK NON SUSPENSION DRIVER SEAT WITH FORE AND AFT ADJUSTMENT OMIT STANDARD PASSENGER SEAT LHIRH INTEGRAL DOOR PANEL ARM RESTS VINYL WITH VINYL INSERT DRIVER SEAT VINYL WITH VINYL INSERT PASSENGER SEAT 3 POINT FIXED D-RING RETRACTOR DRIVER AN[I PASSENGER SEATBEL TS FIXED STEERING COLUMN 4-SPOKE 18" (450MM) LK CHARCOAL STEERING WHEEL DRIVERIPASSENGER INTERIOR SUN VISORS 08/0912005310 PM Page 7 of 9 r IWP -l Description BLACK BEZELS GRAY INSTRUMENT PANEL-DRIVER LOW AIR PRESSURE LIGHT AND BUZZER 2" PRIMARY AND SECONDARY AIR PRESSURE GAUGES INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS CRUISE CONTROL - ELECTRONIC ENGINE, WITH SWITCHES IN LH SWITCH PANEL KEY OPERATED IGNITION SWITCH AND INTEGRJll START POSITION; 4 POSITION OFF IRUNIST ART/ACCESSORY ODOrrRIPIHOURIDIAGNOSTICNOL T AGE DISPLA '( 1X7 CHAR, 26 WRNG LAMPS, DATA LINKED ICU3 DIAGNOSTIC INTERFACE CONNECTOR, 9 PIN, SJI.E J1587/170B/1939, LOCATED BELOW DASH 2" ELECTRIC.FUEL GAUGE ENGINE ECM CUSTOMER ACCESS CONNECTOR MOUNTED FORWARD; PARK BRAKE AND NEUTR~L INTERLOCK ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE TRANSMISSION OIL TEMPERATURE INDICATOR LIGHT ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY (1) ELECTRIC/AIR DASH MOUNTED PTO SWITCH WITH INDICATOR LAMP ELECTRIC ENGINE OIL PRESSURE GAUGE FIL XTA-2400 AM/FMJIIo/B CD RADIO BY DELPHI DASH MOUNTED RADIO (2) RADIO SPEAKERS (CAB ONLY) POWER AND GROUND STUDS INIUNDER DASH MUL TI-BAND AMIFMJIIo/BICB LH MIRROR MOUNTE[) ANTENNA SYSTEM ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER ELECTRONIC TACHOMETER 3000 RPM IGNITION SWITCH CONTROLLED ENGINE STOP DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY 0810912005 3:10PM Page B of 9 I ...~ Description MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH ONE VALVE PARK BRAKE SYSTEM WIDASH VALVECONT. AUTONEUTRAL & WARNING INDICATOR SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, WASHERIWIPER AND HAZARD IN HANDl E INTEGRAL ELECTRONIC TURN SIGNAL FLASHER PAINT: ONE SOLID COLOR CAB COLOR A NOO06EA WHITE ELITE SS BLACK, HIGH SOLIDS POL YURETHANE CHASSIS PAINT ACCURIDE PKWHT21 POWDER WHITE (N0006EA) FRONT WHEELS/RIMS ACCURIDE PKWHT21 POWDER WHITE (N0006EA) REAR WHEEtS/RlMS BUMPER PAINT: FP24812 ARGENT SILVER DUPO \ T FLEX RAW MATERIAL SURCHARGE 200212004 ENGINE EMISSIONS ESCALATOR MERCEDES-BENZ MBE900 ENGINE ESC EXTENDE D WARRANTY 5 YR/100,OOO ~IILES/160 000 KM 0810912005310 PM Page 9 of 9 Calhoun, Timothy r:rom: 1t: Rane Robinson [rane_r@msn.com] Wednesday, July 12, 20069:57 AM Calhoun, Timothy Re: Chassis specifications ,0: Subject: Tim, All of our M2 chassis are exactly as you saw. We did indicate on the bid sheets that the work brake is included as well as the cab conversion. The specs that I emailed you reflect the detailed chassis components but do not reflect any of the Body or Cab conversions specs. The Conversion includes the right&left operator station control switch, center mounted moto mirror controls, fender mounted bus mirrors, spring loaded jump seat, seat safety belts, door safety belt, complete dual instrumentation and controls, folding and locking low entry door, Fire extinguisher kit, triangle kit and work brake switch. You should find that there are many items included in this chassis that are not actually requested in your proposal. It's and excellent match for our body and very user friendly for the operator........ Rane 1 VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August], 2006 Ju]y 17,2006 (Noon.) 0 October 3, 2006 September] 8,2006 (Noon) ~ August] 5, 2006 July 3], 2006 (Noon) 0 October ]7,2006 October 2, 2006 (Noon) 0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October ]6,2006 (Noon) 0 September ]9,2006 September 5, 2006 (Noon) 0 November 2], 2006 November 6, 2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to "piggy-back" off of the City of Melbourne's RFP#1O-11-1-2005 with Insituform Technologies, Inc. for pipeline rehabilitation services with an estimated expenditure of $97,569.90. EXPLANATION: Procurement Services Division received a request from the Utilities Department to utilize the City of Melbourne, Florida RFP#1O-11-1-2005 for the rehabilitation of sewer lines at three (3) City locations: Proiect Cost $78,427.50 7,170.00 7,972.40 4,000.00 $97,569.90 *MobiIization fee is for the transportation and field set-up of trucks, personnel, supplies and equipment from Miami, FL. 1. 2. 3. 4. Location Old Boynton Road SW 9th St. and Ocean Dr. (Leisureville) SW 10th St. and SW 3rd St. (LeisureviIle) Mobilization fee * PROGRAM IMPACT: Insituform Technologies has performed these services for the City for several years and has proven to be a reliable and effective alternative to the costs of replacing sewer lines. The Insituform process avoids excavation of large areas to replace pipe and provides a long-term solution for pipe rehabilitation. . FISCAL IMPACT: Funds are allocated in the FY 2005/2006 budget as follows: Account Description ClP R&R Sewer Account Number 403-5000-590-96-04 Amount $ 97,569.90 l'''fiont of "w" !in" " , ,ignifi"ntly high" ,O~ City Manager's Signature Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Memorandum Utilities # 06-124 FROM: Bobby Jenkins Assistant Finance DiZ1e. or Kofi Boateng, PE . ~ Director of Utilities .f- R ["- IT~ ? 1.f E D TO: DATE: July 6, 2006 JUL 1 4 2006 PROCUREMENT SEi"(VICES SUBJECT: Piggy-Back City of Melbourne RFP #10-11-1-2005-~ uu~ CIPP Rehabilitation Services Annual Contract Award AGENDA ITEM The Utilities Department is requesting approval to piggy-back the City of Melbourne RFP #10-11-1-2005 with Insituform Technologies, Inc. We have utilized Insituform's process for pipeline rehabs. The Insituform process avoids excavation of large areas to replace pipe and provides a long-term solution for pipe rehabilitation. This project is part of the Utility Department's CIP/R&R program. The three (3) projects and their neighborhoods that we will be pipelining are: 1. Old Boynton Rd. The Old Boynton Rd. project consists of approximately 1,975 linear feet (If) of 8" Vitrified Clay Pipe (VCP), plus clean, lV, grout and reconnect service laterals. 2. SW 9th St and Ocean Dr. (Leisureville) The Leisureville project consists of approximately 200 (If) of 12" VCP pipe, plus clean, lV, grout and reconnect service laterals. 3. SW 10th Sl and SW 3rd. St. (Leisureville) The Leisureville project consists of approximately 196 (If) of 8" VCP pipe, plus clean, lV, grout and reconnect service laterals. The project cost for the three locations is $97,569.~0. Funding is available in account number # 403-5000-590.96-04 SWR 064. Attached are the maps of the area, the contract and proposal. Please present this at the next Commission meeting for their approval. If you have any questions please contact me at ext. 6401 or Tony Lombardi at ext' 6421. Attachments xc: Pete Mazzella Michael Low Tony Lombardi Barb Conboy Dan Spooner Dan Derringer File FROM FAX NO. :9042804162 Jul. 05 2006 02:07PM P2 ~ fn,A"""',n Technologies; lrw. WoI'ICtWIde PipeIin6 RehabiHtation 11511 Phillips Highway, SOl.lth Jacksonville. FL 32256 Tel: (904) ~37-3426 Toll Free: (BOO) 633-8362 Fax: (904) 2~162 www.insituform.com July 5, 2006 Mr. Tony Lombardi, Supervisor Wastewater Division City of Boynton Beach 124 East Woolbright Rd. Boynton Beach, FL 33435 Re: Piggyback Existing lnsituform TechnologieS@, City of Melbourne CIPP Contract Dear Tony, Insituform Technologies, Inc. is pleased to offer our existing City of Melbourne Contract (RFP # 10-111-1-2005) for sanitary sewer lining in the City of Boynton Beach. All prices, terms and conditions as stated in the contract will exist between The City of Boynton Beach and Insituform Technologies ~ Inc. We look forward to renewing our working relationship with the City of Boynton Beach. If you have any questions or need further information please call me at (904) 237-3426 Best re.gards, /\eJ UJ~ Ted Hotchkiss Area Account Manager FROM FRX NO. :9042804162 Jul. 05 2006 06:05PM P2 ~ ,nsituform Technologies;' Inc. WMttuide PipelIne R8habi/iIaIion 11511 Phillips Hwy. S. Jacksonvile. FL 32256 Tel: (904) 262-5802 Fax: (904) 292-3198 (800) 63a-8362 'MVW.insi\ulDrm.com July 5,2006 Mr. Tony Lombardi, Project Manager City of Boynton Beach 124 East Woolbright Rd. Boynton Beach; FL 33435 Re: Old Boynton Rd., SW 9th St & SW lotb St. Sewer ReconstruCtion Dear Tony, We are pleased to submit this proposal to reconstruct the sewer lines in the above locations using "Cured-in-Place-Pipe" (CIPP). These prices are based on our 2006 Annual Contract with the City of Melbourne, which is available fOf "piggyback" by the City of Boynton Beach. Old Boynton Rd. 1.,975 If 8" x 6 nun CIPP 1,975 lflight clean & TV 1,975 If 8" sewer bypass Service reconnections wi grout, 42 ea Traffic Control, City right-o-way Flagman, 4 set ups Barricades, 4 set ups $ 24.20/1f $ 47,795.00 $ 1.70llf $ 3,357.50 $ I.OOllf $ 1,975.00 $ SSO.OO/ea $ 23,100.00 $ 300.00/set up $ 1,200.00 $ 250.00/set up $ 1,000.00 $ 78.427.50 / Total SW 9th St.@W.Ocean Dr. 200 If 12" x 6 mm CIPP 200 if light clean & TV 200 If sewer bypass Traffic Control, City right-o-way Barricades, 1 set up $ 31.90llf $ 6,380.00 $ 1.70/lf $ 340.00 $ 1.00/If $ 200.00 $ 250.00/set up $ 250.00 $ 7,170.00/ Total FROM FRX NO. :9042804162 Jul. 05 2006 06:06PM P3 sw lO.b St. @ SW 3r4 Ave. Project Total $ 24.20/lf $ 4,743.20 $ 1.70Jlf $ 333.20 $ 1. 0011 f $ 196.00 $ 550.00/ca $ 2,750.00 $ 250.00 $ 250.00 $ 7,972.40 $4,000.00/ ..,/ $ 97,569.90 196 If 8" x 6 mm CIPP 196 If light clean & TV 196 If sewer bypass 8" Service reconnections wi grout, 5 ea Trame Control, City right-o-way Barricade, 1 set up Total Mobilization, 1 ea The terms and conditions governing this proposal are as follows: ~roposallnclusions: . Certificate oflnsurance with standard coverage . Pre-installation video inspection recorded on VHS tape . Standard cleaning of the existing pipe prior to installation . Post-installation video inspection recorded on VHS tape · Standard one-year warranty . Actual field measurements will determine final invoice quantities Proposal ExelnsioDS: . Premiums for special insurance coverage requirements · Point repairs of any collapsed sections of the existing pipeline · Permits . Disposal site for debris removed during cleaning · Please note that if any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials · Constructions access easements FRO!'! FRX t'JO. : 9042804152 Tu I. 05 2005 05: 05P!'1 P4 Proposal Term8~ . Payment due within 30 days of completion ofthe project . Partial monthly payments may be requested . Proposal valid for 45 days Limited Warranty IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY WARRANTIES, INCLUDING W ARRANTlES OF MERCHANT ABILlTY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECT IN THE MA TER1ALS OR SERVICES PROVIDED BY TIlE CONTRACTOR WHICH ARE BROUGHT TO THE A TrENTION OF THE CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual Release of Consequential Damalles: Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. ProDosal Subieet to Neaotiation of Other Standard Terms of Al!reement: This proposal is subject to agreement of the parties OD other terms and conditions as are customary in contracts of this nature. We appreciate the opportunity to quote on this project. If you have any questions. please call mc. Sincerely, IN~FORM TECHNOLOGIES, TNC. /{ ~ lLkU~- Ted Hotchkiss, Area Account Manager Owner Acceptance: Date: Please sign and return one copy of this proposal for our files or, if you prefer, a purchase order or subcontract for our execution. The City of Melbourne ~. - · Fax (321) 953-6207 900 E. Strawbridge Avenue. Melbourne, FL 32901 . (321) 727-2900 March 23, 2006 TO ALL RFP P ARTlen> ANTS Re: RFP # 10-111-1-2005, CI PP Rehabilitation Services Annual Contract A \'liard Thank you for your submitted request for proposal (RFP) package. Submittals for professional cured-in-place pipe (CIPP) rehabilitation services were opened on November 14,2005 at 3:00 p.m., with packages received from 2 contractors, Insituform Technologies, Inc. and Lanzo Lining Services, Inc. After review of the submitted packages and oral presentations held on December 1, 2005, the selection committee recommended award of this contract to Insitufoml Technologies, Inc. of Jacksonville, Florida. This bid was awarded by: ( ) (X) ( ) City Manager within ten (l0) days City Council at their regular meeting on 02/28/06 Purchasing Manager Thank you for your interest in doing business with the City of Melbourne. Sincerely, ~~ Utilities Engineer Cc: Insituform Technologies, Inc. Lanzo Lining Services, Inc. Robert C. Klaproth, Jr., Public Works and Utilities Director Tom Hogeland, Water and Wastewater Operations Superintendent Billy Williams, Streets and Stomlwater Superintendent Eric Blankman, Wastewater Treatment Superintendent Jenni Lamb, P.E., City Engineer Karen Smith, Buyer An Equal Opportunity Employer . Internet: www.melbourne(lorida.org . E-Mail: cityhall@melbourne(lorida.org ~City of Melbou!._ne_~__ ~-~~ 900 E. Strawbridge Avenue <II Melbourne, PL 32901 .... (321) 727-2900 \Ill F~ (321) 953-6207 March 23, 2006 Mr. Richard Howton lnsituform Technologies, lnc. 11511 Philips Highway South Jacksonville, Florida 32256 RE: Annual Contract A ward for RFP # 1 0-111-1-2005, CIPP Rehabilitation Services Dear Mr. Howton, At its February 28, 2006 regular meeting, the Melbourne City Council awarded your firm with the contract for professional Cured-in-Place Pipe rehabilitation services for Wastewater Collection, Wastewater Treatment and Streets & Stormwater projects. This will be an ammal contract with the option to renew for two years. The contract term for this fiscal year was approved with a not-to-exceed value of $2,145, I 43. A copy of the minutes is attached. This is your formal Notice to Proceed. Please contact the appropriate City Staff to begin work. Thank you for your interest in doing business with the City of Melbourne. Sincerely, ~&~ Michelle Shoultz. r.E. Utilities Engineer Enclosure Cc: Robert C. Klaproth, Jr., Public Works and Utilities Director Tom Hogeland, Water and Wastewater Operations Superintendent Billy Williams, Streets and Stormwater Superintendent Eric Blankman, Wastewater Treatment Superintendent Jenni Lamb, P.E., City Engineer Karen Smith, Buyer An Equal Opportunity Employer . In/ernet: www.melbollrneflorida.org . E-Mail: cityhall@melbourneflorida.org CITY OF MELBOURNE, FLORIDA SUMMARY OF MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 28, 2006 Approved. 14. ORDINANCE NO. 2006-14: (Second Reading/Public Hearing) An ordinance amending Chapter 23, Retirement and Pensions, Article VI, Police Officers' Pension Plan, providing definitions for "credited service" and "retirement;" and amendments relating to the Board of Trustees, vesting, benefits, distributions, deferred retirement options, and reemployment after retirement. (First Reading - 2/14/06) Approved. NEW BUSINESS 15. COUNCIL ACTION RE: Continuing annual contract award for professional Cured-In-Place Pipe rehabilitation services for Wastewater Collection, Wastewater Treatment, and Streets & Stormwater projects, Insituform Technologies, Inc., Jacksonville, FL - Contract Term No. 1 not to exceed $2,145,143. Approved as recommended. 16. CONSENT AGENDA: Approved as recommended. a. Supplement No. 274 to the Continuing Consultant's Contract for Engineering Services to provide for Melbourne Avenue drainage improvements at Pennwood Drive, Project No. 20106, Frazier Engineering, Inc., Melbourne, FL - $23,000. b. Amendment to the Blanket License Agreement with the Florida East Coast Railway, LLC for 67 utility crossings in the amount of $29,752.80 and authorization for the City Manager to execute the document. c. Approval of an agreement between the Board of County Commissioners of Brevard County and the City of Melbourne for the purpose of securing auto-aid first response fire protection and rescue service by each of the parties and authorization for the City Manager to execute the document. d. Purchase of Lifepak@ defibrillator/monitors and upgrade components, Medtronic Emergency Response Systems, Redmond, WA - $34,469.95. e. Approval of a $250,000 HOME Investment Partnership Program award to National Church Residences of Silver Palms Housing, Inc.; authorization for the City Manager to execute the agreement, contingent upon the developers' receipt of housing credits from the Florida Housing Finance Corporation in the 2006 Universal Cycle; and approval of various budget adjustments totaling $250,000. f. Resolution No. 1970: A resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District for grant funding in the amount of CIPP Rehabilitation Services CITY OF MELBOURNE RFP-10-111-0-2005 Pricing Summary Description Total Amount CIPP Rehabilitation Services $ 2r ~ 4[: -~J Cleaning and Inspection Services $ f ,---. ~ Other Services $ -S .1.., o-r-l., .(..,(jl TOTAL $ - c:.. b\o~ CIPP RellobllnotlQn Se:vice' CiTY 0' Meiboumf, RFP. I (j. II J-D-2005 CIPP Rehabilitation - Sanitary Sewer Mains r DESCRIPTION EST. QTY UNIT UNIT COST I 8 <; diameter 10,000 If 16.0 mm normal thicknes,<; (,236) 1 If "24 '2c 7.5 mm normal thickness (.295) 1 It -2--;:- -z..C 9.0 mm normal thickness (.354) 1 If .., 9 "o'Q , ,.,- 10" diameter 1.000 If 6.0 mm normal thickness (.236) 1 If "?, t' l- 0 7.5 mm normal thickness (.295) 1 If 7c\ 'lD 9,0 mm normal thickness (.354) 1 If 3 (,IV) 12" diameter 2.000 If 6.0 mm normal thickness (.236) 1 If ~\ LIC 7,5 mm normal thickness (.295) 1 If ~~?-. . CD 9.0 mm normal thickness (.354) 1 If ~ ~ ,nt'') 15" diameter 2,100 If 6,0 mm normal thickness (.236) 1 If -:; ~ ,~C 7.5 mm normal thickness (.295) 1 If l. 7_. Q () 9.0 mm normal thickness (.354) 1 If '- S.le 18" diameter 2,000 If 6.0 mm normal thickness (.236) 1 If 4t. 9..(.; 7.5 mm normal thickness (,295) 1 If 41.....7(.: 9.0 mm normal thickness (.354) 1 If -r.; I i,.;,() 105 mm normal thickness (.413) 1 If <=-;C'\ 40 21" diameter 750 If 6.0 mm normal thickness (.236) 1 If ~ c..;)tJ 7.5 mm normal thickness (.295) 1 If 1....\ I~ C 9.0 mm normal thickness (,354) 1 If (,C 3t:> 10.5 mm normal thickness (.413) 1 If -7J . ti'r' 12.0 mm normal thickness (.472) 1 \ If ~ 1.. "L{' 24. diameter 1,000 tf 9.0 mm normal thickness (.354) 1 If 1~'lG 10.5 mm normal thickness (.412) 1 If C;:-,/-. roW 12.0 mm normal thickness (.472) 1 If '11:J.,C 13.5 mm normal thickness (.531) 1 If C1C. .7 0 15.0 mm normal thickness (.591) 1 If 10('"" Il' 27' diameter 3,000 If 9.0 mm normal thickness (.354) 1 If ~~1 .7 e- 105 mm normal thickness (.413) 1 If -c;(" ?C' 12.0 mm normal thickness (.472) 1 If CI'l CO 135 mm normal thickness (.531) 1 If t ('::< ,4C' 15.0 mm normal thickness (.591) 1 If '1~.qD Page 1 of 2 f'nClno Shea' CIPf' f{ehobli~otlon o,ervlcec City of Meibourm, IIFP.1[J.] i 1-0200:. DESCRIPTION EST. QTY UNIT ,UNIT COST , ~ \ 30" diameter 3.000 If 9.0 mm normal thickness (,354) " I If t ,3' , 0,-, 10.5 mm normal thickness (413) If I r"ll:'u 12.0 mm normal thickness (.472) 1 It i I t~ ;"L- 13.5 mm normal thickness (.531) 1 It rT2'~ 15.0 mm normal thickness (.591) , i If I 7 Cj t>~ , 36' diameter 1,500 If 10.5 mm normal thickness (,413) 1 If fDe 1< 12.0 mm normal thickness (,472) 1 If j I I I" 13.5 mm normal thickness (.531) 1 If II '? b-.' 15,0 mm normal thickness (.591) 1 If f 2 '2. ,<: 16.5 mm normal thickness (,650) 1 If /"" OLl'- 18.0 mm normal thickness (.709) ] If / ?(- '+v' Page 2 of 2 ; "nClno 5h&ei CIPP Rehabilitation Servlcec. Ptiqng Sheet C;ty of Melbourne RFP-lO. 11 ]-o-200~ Cleaning and Inspection - Sanitary Sewer Mains i DESCRIPTION QTY I UNIT UNIT COST i light Cleaning and Inspection ! 8" - 12" diameter , 1 If LiG 14' - 18" diameter I 1 I If L PJLJ 20" - 24" diameter 1 If S ~ ckJ 27' - 42" diameter 1 If ~. Iv 48' " 72" diameter 1 If 14~hO I Medium Oeaning 8'.. 12" diameter 1 If , ,~) 14" .. 18" diameter 1 If <....cl D 20" - 24" diameter 1 If ~.bO 27" .. 42" diameter 1 If tOtO 48' .. 72' diameter 1 If J.D. 2-D Heavy Cleaning 8".. 12" diameter 1 If ::s :70 14"" 18' diameter 1 If 4 eo 20' .. 24' diameter 1 If f c[D 27' .. 42" diameter 1 It I <.. Q) 48' .. 72' diameter 1 If 'LCf .7.D Root Removal 8'.. 12' diameter 1 If ?,)O 14" " 18" diameter 1 If '7 4-(') 20".. 24" diameter 1 If 4/'::;-0 27" .. 42' diameter 1 If 1"".),70 48" - 72' diameter 1 If 1',C0 Tuberculation Cleaning 8'.. 12" diameter 1 If 70.2D 14'.. 18' diameter 1 If 2S,'1D 20'.. 24" diameter " If -'"1 n .. _ :ss .00 27" - 42" diameter 1 If "j"") ---=-- 40.00 I 48' .. 72' diameter 1 If Ll 7 7j) Page 1 of 1 CiPP i{et\OD,lrtot~C1.'i ::::.eIViC>'c;, C_~,1v ot MelboUfrH Rf-P- 1; )...C2CXY CIPP Rehabilitation - storm Sewer Mains DESCRIPTION 15' d' t EST. QTY 1000 UNIT If UNIT COST lame er . i j 6.0 mm normal thickness (.236) 1 I I It S;:::) be:: I 7.5 mm normal thickness (.295) ! 1 1 If (~r =->l::': 9.0 mm normal thickness (.354) I : I If ~,=< . y,L' ! 18" diameter 2.000 I If 6.0 mm normal thickness (.236) I , I If 1.c::L: . c; (\ I 7.5 mm normal thickness (.295) 1 I if I 6~ SO 9.0 mm normal thickness (.354) i if I (C~O 10,5 mm normal thickness (.413) 1 I If 0- c Y-c)' 21 ' diameter 100 If 6,0 mm normal thickness (,236) 1 If s:::? Q) 7.5 mm normal thickness (.295) 1 If p.~ ~''L " 9.0 mm normal thickness (.354) 1 If C( J ...40 10.5 mm normal thickness (.413) 1 I" ctCt 00 12.0 mm normal thickness (,472) 1 If I r ~ 4.i) 24" diameter 4,900 If 9.0 mm normal thickness (,354) 1 If Cir 3D 10.5 mm normal thickness (,412) 1 If i r,'2.. ::?, 0 12.0 mm normal thickness (.472) 1 If I 07, 'fx" 13.5 mm normal thickness (.531) 1 If \ 7 7L': I 15.0 mm normal thickness (.591) 1 tf ,17 70 27" diameter 100 If 9,0 mm normal thickness (.354) 1 If G7 ~() 10.5 mm normal thickness (.413) 1 If )0~,YO 12.0 mm normal thickness (.472) 1 If I<\~.rl 0 13.5 mm normal thickness (.531) 1 If I 4- ttO 15.0 mm normal thickness (.591) 1 If 11 q ,qD 30" diameter 2,100 If 9.0 mm normal thickness (.354) 1 If Ci~ ,S"0 105 mm normal thickness (.413) 1 If I C:~. 4[\ I 12,0 mm normal thickness (.472) 1 If \\(\, nD 13.5 mm normal thickness (.531) 1 If I \~,-.:::O 15.0 mm normal thickness (.591) 1 if 1/21(1 36. diameter 2,200 If 10.5 mm normal thickness (.413) 1 If \ ;7 ID 12.0 mm normal thickness (.472) , If \~2.cO 13.5 mm normal thickness (.531) 1 I If 1'-0. yl) 15.0 mm normal thickness (591) I If \ '-+ 1-\. y-" 16.5 mm normal thickness (650) 1 if \c';~.4f 180 mm normal thickness (709) 1 t If \ ~t, ?i: . Page 1 of 3 ~)r: CHill SI)Bro(? j CIPP Rehabilitation Service; Crty of Melbourr'lf' RFP- 10-111-0-200;: DESCRIPTION EST QTY i 42" diameter 100 If 10.5 mm normal thickness (413) , If \ 34 2L' 12.0 mm normal thickness (472) i If \ 4-~. 70 13.5 mm normal thickness (531) i Ii I S"S. , l:' 15.0 mm normal thickness (591) 1 If It I 20 16.5 mm normal thickness (650) 1 If \CjC.3CJ 18.0 mm normal thickness (.709) 1 If 202.4.v 48" diameter 200 If 12.0 mm normal thickness (472) 1 If ,C;h CO 13.5 mm normal thickness (.531) 1 If 7J I . '20 15.0 mm normal thickness (591) 1 If "/777h 16.5 mm normal thickness (,650) 1 If ~Z2.,f. be 18.0 mm normal thickness (.709) 1 If 74 '- ~C 19.5 mm normal thickness (.768) 1 If "7s:-J.4c 21.0 mm normal thickness (.827) 1 If "2;-,8,4 L 52" diameter 350 If 10.5 mm normal thickness (.413) 1 If L2~ .3D 12.0 mm normal thickness (.472) 1 If 7~: ,20 13.5 mm normal thickness (,531) 1 If 24d .'71) 15.0 mm normal thickness (,591) 1 If 7'S5_ 20 16.5 mm normal thickness (.650) 1 If -)-~ ,.?;C 18.0 mm normal thickness (.709) 1 If -L7R.2,( 19.5 mm normal thickness (.768) 1 If 7q~.~I~ 21.0 mm normal thickness (.827) 1 If ;;o~. 20 13.5 mm normal thickness (.531) 1 If 744. '20 15.0 mm normal thickness (591) 1 If /~.20 16.5 mm normal thickness (650) 1 If -Z(~( . ..:<) L 18.0 mm normal thickness (.709) 1 If //~..'2,C 19.5 mm normal thickness (.768) 1 If ':>,q::<, :70 21.0 mm normal thickness (.827) 1 If ~'~,{L.) 22.5 mm normal thickness (.886) 1 If 3-72. :,(,0 UNIT UNIT COST Page 2 of 3 Pflclng Sheet CIPP f~ehCDmrot10n ServIce' =ny o~ MeihournF' ReF- ]':'111.0- 200:' UNIT UNIT COST DESCRIPTION EST. QTY 60' diameter 100 II 10.5 mm normal thickness (413) 1 it ! .:1.\4 -,;'; 12.0 mm normal thickness (472) 1 It LL2 4 he 13.5 mm normal thickness (.531 ) 1 I If 4-~_DC I 15.0 mm normal thickness (.591) ~ It 4L.\fl ,C1 0 16.5 mm normal thickness (.650) I i If 4t..d "Z.O 18.0 mm normal thickness (.709) 1 It 4T7 4c 19.5 mm normal thickness (.768) 1 It L.\.Q\ ,70 21.0 mm normal thickness (.827) 1 If $11 ,-~D 22.5 mm normal thickness (.886) 1 If S 7.'YJ, CC I 72' diameter 6.000 II 10.5 mm normal thickness <.413) 1 If cq .Il) 12.0 mm normal thickness (,472) I If lOO<..2D 13.5 mm normal thickness (.531) 1 If ) (')1 'R, /.-D 15.0 mm normal thickness (.591) 1 If itJ-:<L\,a) 16.5 mm normal thickness (.650) 1 if 1~4-170 18.0 mm normal thickness (.709) 1 Ii {"'}/- - ,i-<J 19.5 mm normal thickness (.768) 1 Ii 01 (:. .CD 21.0 mm normal thickness <.827) 1 If 7fi AD 22.5 mm normal thickness (.886) 1 It 111~.a) Page 3 of 3 Pnc.f)(J 51,€*,. CIPP Rehabilitation Service" Cirv of Melbourn,c RFP- 1 G-l11.{)-2005 Pricing Sneer Cleaning and Inspection - Storm Sewer Mains , DESCRIPTION I QTY I UNIT UNIT COST TOTAL 1 ! i Light Cleaning and Inspection , j 8" - 12' diameter 1 , If S 2..?-i) - 14' - 18' diameter 1 I If S ~ ,C]t...) - i 20' - 24 diameter 1 If S t::). { ;:) - 27' - 42" diameter ] If $ t,.., .-70 - 48" - 72' diameter 1 If $ 1;;';0 - Medium Cleaning 8' - 12' diameter 1 If $ . ~ .QD - 14" - 18" diameter 1 It $ -S- to - 20" - 24" diameter 1 If $ (-, -:70 - 27' - 42" diameter 1 If S 10.10 . 48' - 72" diameter 1 If $ 71.4n - Heavy Cleaning 8" - 12' diameter 1 If S 4.PO . 14" - 18' diameter 1 If S C-.0C) - 20" - 24' diameter 1 If S L.i .00, 27" - 42" diameter 1 If S ll! (....f) - 48" - 72" diameter 1 If S -:s \ . =;;0 - Root Removal 8" - 12' diameter 1 It $ :z '10 . 14" - 18" diameter 1 If $ 4 '5'0 - 20" - 24" diameter 1 If $ ~. t\.D - 27" - 42" diameter 1 If S L."JO - 48" - 72" diameter 1 If S 10.ro - I " - Tuberculation Cleaning , 8' - 12" diameter 1 If S 2\. 4 U . 14" - 18" diameter 1 If $ /1.00 - 20" - 24" diameter 1 ,If $ 7f1 1.0 - 27" - 42" diameter 1 If $ ~4-q{) - 48" - 72" diameter 1 If S <:'(\ l---i) - TOTAL $ - Page 1 of 1 "n._,'''''' .,' I"'" L CI.PP Retl.oblhlaho'l SerVice Pl':,,:-,n.~ Srlt::elo CIty 01 MeloDurne RfP.)().111'{}-2OCS Ancillary Services DESCRIPTION QTY UNIT UNIT COST /'0. \Z ' 8y-Pass Pumping ,. 8' diameter If ~ ItiD ./ ';.,\ v \ 10" diameter I I If ~ l~ ' I If 12" diameter I '702 15" dlomeler I If ~" 0\.::: ~ 18" diameter 1 If L0" 21" diameter 1 If CjC.0 24" diameter 1 If I'-::,W--- 27" diameter 1 If /O~' 30" diameter 1 If -:;-t::;'~ 36" diameter 1 II 40, cD Relnstafement of services & pressure SS 0 OcJ grouting 1 each Traffic Control - FDOT Right of Way flagmon I set up (-,C:X.'0' Arrow Board 1 se! up 1 P-Y.-')<;!:-' Barricades 1 set up -z, c::. ( -, c,v Lane Dividers 1 set up 'lon0 Traffic Control - City RighI of Way Flagman 1 setup :<'00 ~ Arrow Boord I set up leo~ Barricades 1 set up -Z-c;nJ.?>! Lane Dividers I setup I C(,"Y Traffic Control. County Right 01 Way Flagman 1 set up L:,tyJ ~ Arrow Boord ,1 set up IR(~)~ Borricodes 1 sel up :< <r-/':Y Lane Dividers 1 set up ) ex )(;J~ Easement Access 6" to 12" diameter 1 It ~ ,tfcJ ] 4" 10 J 8" diameter , If Lj ~D 20" to 24" diameter 1 If C (-() 27" 10 30" diameter 1 If 0 cO 'J Mobilization I lump sum 4 ('Cfy""- Revised Per Addendum #2 dated 11nJ05 Page 1 of 1 . Q) ~ <Xl m 0> ('f) II .s - - "'C CO o ~ c o ........ c ~ o CO "'C - o - - ........ c..> Q) .~ o '- a.. E '- Q ::J ........ .- (j) c ... . (j) J!1 ~ 10 N ...... II .5 - - Q) - - -- > Q) L.. ::1 en -- Q) .....J - - ~ U Q) -~ o L.. c.. E L.. S ::1 ~ -- en c - ... VI.-CONSENT AGENDA ITEM C.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested ellv ('omnllSsion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meel.ng IMes In to Qnnrl~ Oftlce Meeting Dates In to ellv CJerk'~.Omc~ 0 /\ ugtlsl J :'OU6 July 17,2006 (Noon.) 0 October 3. 2006 September 18. 2006 (Noon) 0 \"gust I' :'000 Julv 31. 2006 (Noon) D October 17.2006 October 2. 2006 (Noon) cg] Sl'ptelllber 6. 2006 August 14.2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) 0 Sepklllbn !LJ. :'006 September 5. 2006 (Noon) D November 21. 2006 November 6. 2006 (Noon) ----: D A nnouncemen ts/Presen tat ions D City Manager's Report NATURE OF D Administrative D New Business AGENIM ITEM r8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business --,...., D Public Hearing D -; :~r.J ~-; : \ .~-") T> RECOMM ENDATlON: Authorization to enter into an agreement with Palm Beach County in furtherance of an appr'Dvei:f' Q invasive non-native plant species removal project for Quantum Park site, EXPLANATION: The Palm Beach County Board of Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with the removal of invasive non-native vegetation from publicly own~d lands. Th~ nine prohibited invasive non-native plant species include Air Potato, AustraiJian Pine, Brazilian pepper, Carrotwood. Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca and Queensland Umbrella Tree. The Recreation and Parks Department has been awarded a $5,000 grant to remove invasive non-native plant species at the Congress A venue Boundless Park. The City must enter into a project agreement to receive the grant award. The City will have until July 31, 200710 complete the projecL This will be contracted ouL PROGRAM IMPACT: Certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in th~ City. displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures. The Quantum Park site has been selected as the first project site for removal of the invasive non-native vegetation in the City. FISCAL IMPACT: The grant award requires the City to provide a 50% cash match; $5,000 has been allocated in the FY2006107 General Fund (Other Contractual Services) for this purpose. ALTERNATIVES: Not enter into the project agreement and forfeit the grant award. City Manager's Signature Assistant to City Manager_~ Department Name Recreation and Parks City Attorney I Finance S .Jll'IIITI~\I()R~lS;\(jINl)i\ ITEM REQUEST FORI'v1DOC 1 RESOLUTION R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 AN INTERLOCAL AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PALM BEACH 7 COUNTY FOR THE REMOVAL OF INVASIVE NON- 8 NATIVE PLANT SPECIES IN THE QUANTUM PARK 9 SITE; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Palm Beach County Board of Commissioners has established and 12 funded a grant program to financially assist municipalities and other public agencies with 13 the removal of invasive non-native vegetation from publicly owned lands; and 14 WHEREAS, the Recreation and Parks Department has applied for and has been 15 awarded a $5,000 grant to remove invasive non-native plant species at the Quantum Park 16 Site; 17 WHEREAS, the City Commission of the City of Boynton Beach upon 18 recommendation of staff, deems it to be in the best interest of the citizens of the City of 19 Boynton Beach to authorize execution of the lnterlocal Agreement with Palm Beach County 20 in furtherance of an approved invasive non-native plant species removal project for 21 Quantum Park Site, a copy of which is attached hereto and made a part hereof. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. Upon recommendation of staff, this Commission does hereby 28 authorize execution of this lnterlocal Agreement between the City of Boynton Beach and S:\CA\RESOlAgreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Quantum).doc Palm Beach County in furtherance of an approved invasive non-native plant species removal 2 project for Quantum Park Site, which Agreement is attached hereto and made a part here. 3 Section 3. That this Resolution shall become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this _ day of August, 2006. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray ATTEST: Commissioner - Muir C. Ferguson City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Quantum).doc INTERLOCAL AGREEMI<~NT BETWEI<~N PALM BEACII COllNTY AND CITY OF BOYNTON BEACH DISTRICT .1 This Interlocal Agreement (hereinafter "Agreement") is made the day of .200 between the City of Boynton Beach, a municipality located in Palm Beach County, F]orida (hereinafter "Grantee") and Palm Beach County. a politic a] subdivision of the State of Florida. (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163,01, Florida Statutes, known as the "F]orida Interloca] Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other ]ocalities on a basis of mutua] advantage and thereby to provide services and facilities that will harmonize geographic. economic, population and other factors influencing the needs and development of ]ocal communities; and WHEREAS, Part I of Chapter 163. F]orida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, F]orida Statutes. the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance. or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wild]ife habitat and creating undesirable vegetative monocultures; and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the] 989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS. the nine prohibited invasive non-native plant species (Air Potato. Austra]ian Pine. Brazilian Page I Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and \VHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 - PAYMENTS TO GRANTEE/REIMBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed 5,000.00, provided the Grantee completes the removal project as described in Exhibit A, and meets the estimated match requirement of $5,000.00 as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County grants and replacement planting with vegetation native to Florida. Costs related to in-kind services (e.g., planning & design) shall be limited to salaries and fringe benefits. Only those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program. The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the Page 2 County of a properly completed Payment Request Summary Form. provldcd as Fxhibit H. In support of the Payment Summary form, the Grantee must also provide, from its accounting system. a listing of expenditures in detail suffICIent to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks. invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 2300 North Jog Road. 41h Floor, West Palm Beach, FL 334 11-2743, which will indicate that the expenditures have been made in conformity with this Agreement and send the payment request to the County's Finance Department for final approval and payment The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 - A V AILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. B. In the event the Grantee maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. Page 3 D. When requested, the Grantee shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 2300 North Jog Road, 4th Floor, West Palm Beach, FL 3341 1-2743. E. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under this Interlocal Agreement. ARTICLE 5 - INDEMNIFICATION: Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the County's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the County, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - WARRANTYIPERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EQUAL OPPORTUNITY PROVISION: The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, Page 4 disability. religion. ancestry, marital status, or sexual orientation be excluded from the benefits or or be subjected tp any form of discrimination under any activity carried out by the pcrfprmance of this Agreement. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: I. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit A 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 1 I below. The final report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports within the specified time frame will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed Page 5 on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). ARTICLE 11 - EFFECTIVE TERM/TERMINATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until July 31, 2007, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2743 (561)233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager during the term of the Agreement is identified as: Jody Rivers, Parks Superintendent City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6226 All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 ARncu~ 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or proVIsIon hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect ARTICLE 17 - ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that Page 7 this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 - COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on February 25,2003. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. CITY OF BOYNTON BEACH, FLORIDA, BY ITS COMMISSION PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS By: Jerry Taylor, Mayor Date By: Richard E. Walesky, Director Date Environmental Resources Management ATTEST: By: Janet Prainito, City Clerk Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: James Cherof, City Attorney Page 8 ,.. )(. ~\ A \"' ~ '" PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM 2006-2007 INVASIVE NON-NATIVE VEGETATION REMOVAL ADMINISTRATIVE INFORMATION Project Title: Quantum Park Contact Person: Jody Rivers Contact Agency: City of Boynton Beach Contact Mailing Address: P.o. Box 310 Contact Ti tie: Parks Superintendent City: Boynton Beach Contact Phone: 561-742-6226 Zip: Florida Contact E-mail: riversj@ci.boynton-beach.fl.us PROtECT INFORMATION Amount of Grant Request: $5,000.00 Total Project Cost: $5,000.00 Matching Funds Available? If yes, describe the specific sources and amounts: Yes, $5,000.00 in matching funds is available in the Capital Improvements Program budget for FY2006-2007. Estimated Project Start Date: November 2006 Estimated Project Completion Date: April 2007 Minimum Criteria Description Describe. in detail, in the space provided. how this project meets each oJthe six (6) minimum criteria. Ifmore space is required, please allach a separate page and note question number. I. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). Brazilian pepper, earleaf acacia, Australian pine and melaleuca will be removed from this site. 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. The project site is owned by the City of Boynton Beach and is maintained as greenspace, reserved for future park use. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. This project is not a required mitigation project. Public Lands Grant Program Application - Project Title: Quantum Park Page 2 Minimum Criteria Description - Continued 4. Project applicant must have financial means for perpetual follow-up maintenance. Describefollow-up schedule andfunding source for petpe/ual maintenance The site is currently maintained by the City's Parks Division and will continue to be maintained by this Division. Maintenance is funded in the City's General Fund. 5. Planting/restoration plan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category lor n plant species (see www.fleppc.org for most current list). The site will not be replanted at this time. 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. Describe funding source for match and how match will be used. A $5,000.00 or 50% match is in the City's Capital Improvement Program. The match will be used with the grant to pay a contractor to remove Brazilian pepper, earleaf acacia, Australian pine and melaleuca from this site. 7. Project cannot involve the clearing of native vegetation. Native vegetation will not be removed. 8. Project proposes treatment of new or local (outlier) infestations or containment of invasions to new areas. Removing the invasive species from the Quantum Park site will help prevent invasion into the adjacent preserve (see attached site map). 9. Cannot be used for the initial clearing of invasive veg~~tion on projects destined for infrastructure improvement. The Quantum Park site is part of the City's Greenway/Bikeway Plan and will remain park/open greenspace. Project Location Description Describe project location, nearest cross streets, property type {natural area, open space, easement ...}, property use, property owner. agency{s} with management responsibility. Include natural area description if applicable. "Attach a site plan showing the project elements along with a general location map and an aerial photo of the project vicinity. Maps should be no greater than 11" x 17. ..., The Quantum Park site is located in the northWest quadrant of the City of Boynton Beach. This 15 acre site is nestled between the Quantum preserve and the E4 Canal, along Quantum Boulevard and Minor Road. The City of Boynton Beach owns and maintains the property as open space. include Project Location X, Y Coordinates in State Plane NAD ] 983: X: 26.555689 Y: -80.083635 Public Lands Grant Program Application - Project Title: Quantum Park Page 3 Detailed Project Description This description is to answer information for scoring the applications by thejlldging committee andfor compliance with the minimllm grant criteria. MIISt inclllde project location description, targeted invasive non-native plant species, acreage of infestation, scope of l1'Ork, will the work be preformed in.hollse or contracted olll (if contracted Ollt, describe contract pricing), method of removal (mechanical, herbicides, hand plllling...), project milestones, and replanting species. Project Location Description Quantum Park is adjacent to the Quantum Preserve. The property is accessible via Quantum Boulevard and Miner Road. The E4 Canal borders the west side of the property. This park is natural and undevloped at this time, however future plans include nature trails, kayak/canoe launch, nature center, and environmental and interpretive opportunities. Native plant communities and wildlife habitat will benefit from the removal of exotic non-native vegetation. The Parks Division currently maintains this site and will implement an ongoing maintenance program for the project site that targets invasive non-native vegetation. Targeted Invasive Non-native Plant Species Brazilian pepper, earleaf acacia, Australian pine and melaleuca. Acreage of Infestation The park site is 15 acres. The area that borders the preserve is primarily exotic and totals approximately 2.5 acres, other areas we are targeting total 1.2 acres. Total acreage of infestation is approximately 3.7 acres. Scope of Work Work will be contracted out. The City will refer to the contractors on our bid list who are approved to perform this type of work. Contractors on the bid list have been approved based on an hourly rate. Invasive non-native plants will be removed by hand pulling and mechanical means. The City's Parks Division will implement an on-going maintenance program for the project area that targets invasive non-native plants. Project Milestones * Contractor will be selected by December 2006. * An educational notice will be included in the Recreation & Parks Department Funfare Magazine (tri-annual citywide publication), describing the invasive non-native vegetation being removed and the benefits to be derrived from this cooperative project by January 2007. * Project will commence in January 2007. * Project will be completed by April 2007. Replanting Species We do not plan to replant at this time. Public Lands Grant Program Application - Project Title: Quantum Park Page 4 Uroject Narrative rovide any additional informa'ion that describes how the proposed project will meet each of the ludf!inf! Criteria noted in the application guidelines. The goal of this project is to target removal of Brazilian pepper, Australian pine, earleaf acacia, and melaleuca from the Quantum Park. Follow up monitoring and maintenance of the site by the City is available in perpetuity. The City has the required 50% match available in our Capital Improvement Program and is ready to commence the project upon the execution of the grant agreement with the Board of County Commissioners. Project Budget Provide a proposed budget indicating how grant funds will be utilized and where the matching funds will be allocated CATEGORY OF EXPENDITURE AMOUNT MATCHING FUNDS Salaries $ $ Fringe Benefits $ $ Subcontracting: " Planning $ $ Design $ $ Removal related Costs $ 5,000.00 $ 5,000.00 Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ 5,000.00 $ 5,000.00 TOTAL GRANT AGREEMENT $ 10,000.00 Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete, Submit 10 <op;es aud 1 origiual to lbe foDowiug address: Signa...;~~ Public Lands Grant Program Coordinator printN~9"-\ 1A\-...len.~ Palm Beach County Dept. of Environmental Resources Management Title: p~ ~U.~E:1Z..I-t-r~ ~-r '23 Belvedere Road, Bldg. 502 ,rest Palm Beach, FL 33406 Date: -:; } ,~ lOb <D C> ~ '" :r: :;; u '" "d 4' bl s::: c co Q) ~ Z bI) ~ <J> Q) C C 0 <J> Q) .....:l 0:: '" '" E f- ro c E l!! '" Z >: '" Q) '" c '" 1? <( ~ Q) u ", l!! '" ~ ~ <J> >- tIl w '" '" <J> '" ro 0:: >- => <;; 0 .c u; <J> Co '" 0 <( 'E 0 a; 1? 0> U ~ ~ <J) g> g> '" u .~ ~ <= 'c en <J> <J> <J> <J> <= ~ ~ 'c ~ g 0 J!? :;;; '" '-' <5 ", ~ ~ Q) ro '" ~ :;;; 'm u L> m '" .Q a; ffi <5 p.. 'm '" ffi 0 '" .i5' ~ 0 0 '" l!! '" Co '05 .= 0:: 0: -' z CD 0:: 4' ~ 0- '" 0 Q) LL .= 0:: w -' l- LL 0 '" 0- ~ - U , ": ! /~ >- s::: , "1 '* fJ' ~ eeeeeeeee@@ f- , r I Vl - 0 , , u U , i Co <( I~ ~~ " City of Boynton Beach Quantum Park EXHIBIT B PA YMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R_ _ DA TE OF REQUEST: PERFORMANCE PERIOD: AMOUNT REQUESTED:$ MATCHING REQUIRED: $ GRANT EXPENDITURES SUMMARY SECTION [Effective Date 0 Grant t OUgJ End-o -Grant Period] AMOUNT OF THIS MATCHING FUNDS CATEGORY OF EXPENDITURE REQUEST Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ $ Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ $ TOTAL GRANT AGREEMENT $ TOTAL REMAINING IN GRANT $ f hr h f GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number Exhibit B, Page 1 of 1 . IISTATE NATIONAL INSURANCE COMPANY STATE NATIONAL INSURANCE CO. CERTIFICATE OF INSURANCE DATE ISSUED: 10/10/05 PRODUCER I -1 This cert,ificate is issued as a matter of information only and confers no rights upo Arthur J. Gallagher & Co the certirate holder. This certificate DOES NOT amend, extend or alter the coverag 2255 Glades Road afforded by the policies below. Suite 400 E. i Boca Raton, FL 33431 COMPANIES AFFORDING COVERAGE COMPA~Y (A) STATE NATIONAL INSURANCE COMPANY INSURED i City of Boynton Beach, FL COMPA~Y (8) I 100 E. Boynton Beach Blvd. COMPA~Y (C) Boynton Beach, FL 33435 COMPAN~ (D) i .. . ~~T,~G:;rtllY lhallhe ,"'101M of IMu~oo 1~1ed below t'e been IMUad to Ih~ ''''''''''' n.~d.h<we "" Ihe poliO}' pe'kxJ Indlooled, notwithstanding any requirement, term or condition of any contr ct or other document with respect to which this certificate may be Issued or may pertain, the Insurance afforded by the policies described herein ii subject 10 alllhe terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. i ~ co TYPE OF INSURANCE POLICY NUMBER PO~~~ EFFECTIVE POLICY EXPIRATION LIMITS LTR DAT I IMMlDDfYY) DATE rMMlDDfYY) GENERAL LIABILrTY I I A Ill! COMMERCIAL GENERAL LIABILrTY MDB 02668 14 10/1/05 10/1/06 GENERAL AGGREGATE $5M1$10M o CLAIMS MADE 00 OCCUR. I PRODUCTS-COMP/OP AGG o OWNER'S & CONTRACTOR'S PROT I EACH OCCURRENCE I FIRE DAMAGE (anyone. fire) ! MED. EXPENSE (anyone person) AUTOMOBILE LIABILrTY I A o ANY AUTO Not Applicable Not AfPllcable Not Applicable COMBINED SINGLE LIMIT ~- o ALL OWNED AUTOS BODILY INJURY (pw".....,) o SCHEDULED AUTOS I BODILY INJURY (pw-J o HIRED AUTOS I PROPERTY DAMAGE I o NON-OWNED AUTOS I I o GARAGE LIABILITY i I EXCESS LIABILITY I A o UMBRELLA FORM I EACH OCCURRENCE $5,000,000. I IllI OTHER THAN UMBRELLA FORM MOB 0266814 10/1/15 10/01/06 AGGREGATE $10,000,000. WORKERS' COMPENSATION MOB 02668 14 10/1/05 10/01/06 STATUTORY LIMITS Slatutory AND I EMPLOYERS' LIABILITY I EACH ACCIDENT I I DISEASE-POLICE LIMIT DISEASE-EACH EMPLOYEE XXXX - POLICY SUBJECT TO SIR As per General Endorsement SNS GEN 01. I .. .............................................................................................................................................................T................................. ..................................................................... ................................................................. ..... .................... .... DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLHS/SPECIAL ITEMS - All operations usual to a City Government including Palm Beach County Board of County Commissioners, al political subdivision of the State of Florida, its officers, employees and agents as additional insured as their interests may appearl throughout the policy period for municipal activities in coordination and/or conjunction with Palm Beach County Board of County Commissioners. All other terms and conditions of policy remain unchanged. ........___...........u.................................._..............................................,.................................................1.......................................u.............................................................................................................................................................. I CERTIFICATE HOLDER i j S~OUld any of the above described policies be cancelled before the expiration Palm Beach County Board of County d~e thereof. the issuing company will endeavor to mall 30 days written notice to Commissioners th certificate holder named 10 the left, but failure to mail such notice shall impose Risk Mgt. Dept. n9 obligation or liability of any kind upon the company. its agents or 160 Australian Ave. refresentalives. West Palm Beach, FL 33406 I Attention: Dick Cohen A~lhorjZed signature: L 4H/f2~ .. /~ ! .,/ Sandra M. Donaghy I Meadowbrook Insurance Group "Ct:HiIFICA TE OF COVERAGE Certificate Holder A TTN DICK COHEN PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS RISK MANAGEMENT DEPARTMENT 160 AUSTRALIAN AVENUE WEST PALM BEACH FL 33406 Administrator Issue Date 10/10/05 Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, Florida 32853-0065 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0055 I COVERAGE PERIOD: FROM 10/1/05 I COVERAGE PERIOD: TO 10/1/06 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE _ PROPERTY General Liability o Comprehensive General Liability. Bodily Injury, Property Damage and Personal Injury o Errors and Omissions Liability o Supplemental Employment Practice o Employee Benefits Program Administration Liability o Medical Attendants'/Medical Directors' Malpractice Liability o Broad Form Property Damage o Law Enforcement Liability cJ Underground, Explosion & Collapse Hazard Limits of Liability . Combined Single Limit Deductible N/A Automobile Liability o All owned Autos (Private Passenger) o All owned Autos (Other than Private Passenger) o Hired Autos o Non-Owned Autos Limits of Liability . Combined Single Limit Deductible N/A Automobile/Equipment - Deductible o Buildings o Basic Form o Special Form o Personal Property o Basic Form o Special Form o Agreed Amount o Deductible N/A o Coinsurance N/A o Blanket o Specific o Replacement Cost o Actual Cash Value o Miscellaneous o Inland.Marine o Electronic Data Processing o Bond o Limits of Liability on File with Administrator TYPE OF COVERAGE - WORKERS' COMPENSATION o Statutory Workers' Compensation o Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease o Deductible N/A o Other o Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision _ Auto Per Schedule _ Miscellaneous Equipment The limit of liability is $2,000,000 (combined single limit) bodily injury and/or property damage each OCCurrence in excess of a self-insured retention of $ 100,000. This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/LocationsNehicles/Specialltems Re: Events, activities, elections and functions authorized by the certificate holder involving_ the designated member while being held upon the premises of the certificate holder. J.LlLlUJ'.,V un lIJ4JU~ y .cJ~~~.L:.i Producer Acordia Southeast 501 S. Flagler Dr. #600 West Palm Beach, FL 33401 ~\ '--"JJa.....4__....... ______ ....'--"..1....... ___ ~ ~~_~_ Dl:signated Member ! II Administrator - . City of Boynton Beach II Public Risk Underwriters P.O. Box 310 ~ P.O. Box 958455 Boynton Beach, FL 3342503 U' Lake Mary, FL 32795-8455 I COVERAGES: TIllS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR 1HE COVERAGE PERIOD I INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICJ..! I THIS CERTIFICA TE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO AU I' TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY PREFERRED GOVERNMENTAL INSURANCE TRUST I AGREEMENT NUMBER: PK FLl 050200305-02 I COVERAGE PERIOD: FROM 10/0112005 TO 10/0112006 12:01 AM STANDARD TIME LIABILITY COVERAGE o Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury Limit Deductible o Public Officials Liability Limit Deductible o Employment Practices Liability Limit Deductible o Employee Benefits Liability Limit Deductible o Law Enforcement Liability Limit Deductible PROPERTY COVERAGE III Buildings & Personal Property Limit $134,629,379 TN Deductible $10,000 Nole: See coverage agreement for details on wind, flood, and other deductibles III Rented, Borrowed and Leased Equipment Limit $50,000 TIV III All other Inland Marine Limit $7,371,808 TIV Deductible See Schedule Deductible See Schedule WORKERS' COMPENSATION COVERAGE o SelfInsured Workers' Compensation Self Insured Retention o Statutory Workers' Compensation Deductible o Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate Disease AUTOMOBILE COVERAGE Automobile Liability Limit Deductible o All Owned Autos o Specifically Described Autos o Hired Autos o Non-Owned Autos Automobile Physical Damage o Comprehensive Deductible o Collision Deductible o Hired & Non-Owned Autos, with limit of \lOTE: The limit ofliability is $100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. These ;pecific limits of liability are increased to limits shown above per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768,28 (5) Florida ;tatutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. )escription of Operations/LocationsN ehicles/Special items: ::ertificate holder is named as additional covered party per the attached form PGIT 902 (10 04) 'his section comvleted bv member. 's aflent, who bears comvlete responsibility and liability for its accuracy. 'HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT .MEND, EXTEND OR ALTER TIlE COVERAGE AFFORDED BY TIlE AGREEMENT ABOVE. :ertificate Holder Palm Beach County BOCC Risk Management Dept. Richard Cohen 160 Australian Ave. West Palm Beach, FL 33408 CANCELLATIONS SHOULD ANY PART OF TIlE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. PREFFllIUUID GOVERMENT AL INSURANCE TRUST WILL ENDEAVOR TO MAIL 45 DAYS WRlTfEN NOTICE TO TIlE CERTIFICATE HOI..DER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHAlL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON TIlE PROGRAM, ITS AGENTS OR REPRESENTATIVES. IW jct4 GIT-CERT (08/05) AUrnORlZED REPRESENTATIVE 09/3012005 RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 06-81 0: Jim Cherof, City Attorney Jody Rivers, Parks Superintendent ~ July 24, 2006 U lnterlocal Agreement-with Palm Beach County re: Removal of Exotic Material FROM: DATE: SUBJECT: Attached is a copy of the lnterlocal Agreement with Palm Beach County for removal of exotic plant material from Quantum Park. It is same grant that we used for removal of exotics at Congress Avenue Boundless Park. Please review for legal sufficiency. Thank you. JRJ Attachment !<ivers. Jody From: Sent: To: Subject: Magazine, Chuck Friday, July 28,2006451 PM Swanson, Lynn; Rivers, Jody RE ILA w/PBC re Removal of Exotic Material Jody. I have reviewed the section on insurance and Indemnification and looks okay to me This is for the County and I have already sent you the Certificates of Insurance They do not have the exact wording as to naming the department, but my agreement with the County Dept. of Risk Management is that they will accept these Certificates on behalf of all County departments. Should not be an issue Thanks Chuck Magazine Risk Manager City of Boynton Beach, FL magazinec@ci.boynton-beach.fI.us (561) 742-6042 This e-mail transmission and any attachments, is intended for the person(s) listed here on this electronic submiSSion and no one else as it might contain confidential and privileged information If you have received this e-mail in error, please call the telephone number referenced above and please destroy all copies immediately Thank you for your cooperation ----_._~-~-_._.~_.._-_..- From: Swanson, Lynn Sent: Friday, July 28{ 20069:56 AM To: Rivers{ Jody Cc: Magazine{ Chuck Subject: ILA w/PBC re: Removal of Exotic Material Jody - Jim reviewed and advised the ILA is ok with legaL The Clause regarding insurance should be reviewed by Risk ! 11717\" \ Ill/son !/!,l',II/ /lssisfWl/ ( 'ily ojBoynlol7 B/!och / ()r) t: !?oynlol1 B/!lIch Blvd /Jmll/O/7 Beach. F! 33n5 15rJ/) '7_J2_(j()53 ( 5 rJ /) -; -12 - (j () 5 -/ - Fax ~.\ .., y. (),: -- '. ~ ~-.. . / \ ' . Lr <<:~ ;-Ju, O,~;~ 7:0 ~l.:~'" i VI.-CONSENT AGENDA ITEM C.2 . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 1,2006 July ]7,2006 (Noon.) 0 October 3,2006 September] 8,2006 (Noon) [;8J August 15,2006 July 3], 2006 (Noon) 0 October ]7, 2006 October 2,2006 (Noon) 0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October ]6, 2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [;8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Approve Resolution No. 06-_ authorizing the City Manager to sign an agreement between the South Florida Water Management District (SFWMD) and the City of Boynton Beach (CBB), where the SFWMD will provide financial assistance not to exceed $160,000.00, to the CBB for the fact finding and evaluation study of the South Lake Worth (Boynton) Inlet. EXPLANATION: This agreement provides for cost-sharing with the SFWMD on a fact finding and evaluation sturdy of the South Lake Worth (Boynton) Inlet. The objective of the study is to help define what measures would improve boater safety and improve water quality without significant changes to tidal stages. Sections of the study will include but will not be limited to data collection, studies, models, analysis and engineering evaluations necessary to improve boater safety, water quality and tidal effects associated with the inlet's status quo or modification. Please see Exhibit "A", Statement of Work, for a detailed task breakdown. Also please note that project schedule dates in Exhibit "A", Sec. 4, and Exhibit "B" Payment ~nd Deliverables, will need to be adjusted due to a later than anticipated start date for this project. '* ~ e. w- 64 \ -fe,.....,... Lec:.~\ lA~lMAO) PROGRAM IMPACT: The study is expected to provide the Boynton Inlet Committee with quantitative results to assist in determining the feasibility of expanding/deepening the South Lake Worth (Boynton) Inlet, including consequential changes to adjacent areas such as ebb tidal shoal and sand transport effects. FISCAL IMPACT: Total payment by the District shall not exceed the amount of$160,000.00 and is subject to funding approval in the District's 2006/2007 FY budget. Please see Exhibit "B", Payment and Deliverables, for a deliverables and payment schedule. The City of Boynton Beach is responsible for any additional funds either through local revenues, grants, other appropriations and/or other funding sources as authorized by the City Commission. AL TERNA TIVES: Not to approve the agreement with SFWMD and not go forw (l with the inlet study. Department Head's Signature anager's Signature Assistant to City Manager {)/H(/'" Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Page 1 of] Bressner, Kurt From: Swanson, Lynn Sent: Friday, August 04,20065:18 PM To: Bressner, Kurt Subject: FW: Inlet Study Inter-Local Agreement From: David Tolces (mailto:dtolces@cityatty.com] Sent: Thu 8/3/2006 11:02 PM To: Jim Cherot Cc: Swanson, Lynn Subject: RE: Inlet Study Inter-Local Agreement Please forward this to Mr. Bressner: My best advice would be to go and sign the agreement despite the apparent time period differences. As stated in Section 4, of Exhibit "AU, the project schedule is only an anticipated schedule and may change due to committee constraints. In addition, Section 2 of the Agreement provides for a nine month time frame. Therefore, if this Agreement is signed September 1, 2006, the Agreement will continue up to and including June 1, 2007. The Agreement, as it currently exists recognizes the potential for adjustment in the time frame. Therefore, you can sign and move forward. David David:N. To{ces David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Ste. 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 email: dtolces@cityatty.com This e-mail and any files transmitted with it are confidential and intended solely for the individual or entity to whom they are addressed. If you have received this e-mail in error, please notifY the sender by return e-mail. Thank you. From: Jim Cherot Sent: Wednesday, August 02,20064:19 PM To: David Tolces Subject: FW: Inlet Study Inter-Local Agreement Please have a look at this or delegate it as you see fit 8/5/2006 29 1 RESOLUTION NO. 06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN AGREEMENT BETWEEN 5 THE CITY OF BOYNTON BEACH AND SOUTH 6 FLORIDA WATER MANAGEMENT DISTRICT 7 (SFWMD) FOR THE COST-SHARING FOR A FACT 8 FINDING AND EVALUATION STUDY OF THE SOUTH 9 LAKE WORTH (BOYNTON) INLET AND 10 AUTHORIZING THE CITY MANAGER TO EXECUTE 11 SAID AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the attached Agreement provides for cost-sharing with the South 15 Florida Water Management District on a fact finding and evaluation study of the South Lake 16 Worth (Boynton) Inlet which will help define what measures would improve boater safety 17 and improve water quality without significant changes to tidal stages; and 18 WHEREAS, the South Florida Water Management District will provide financial 19 assistant for the study not to exceed $160,000.00. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby authorize and approve the fact finding and evaluation study of the South Lake Worth 27 (Boynton) Inlet cost-sharing Agreement between the City of Boynton Beach and South 28 Florida Water Management District., said Agreement is attached hereto as Exhibit "1". Section 3. The City Manager and City Clerk are authorized and directed to execute said Agreement. 2 Section 4. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of August, 2006. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor - Jerry Taylor 9 10 11 Vice Mayor - Carl McKoy 12 13 14 Commissioner 0- Robert Ensler 15 16 17 Commissioner - Mack McCray 18 19 20 Commissioner - Muir C. Ferguson 21 ATTEST: 22 23 24 25 City Clerk 26 27 (Corporate Seal) 28 29 30 ~?-.t~R ~,t,C' 1:::1"':-'" "" \~~~ ;;;;:------- '" o ,----- " ~ ....; 4j" ""'+. '"SJ 1:.', ,.,' '" ":'7. c.' ,.'.>."1 Os ., . ....,. ')'V' . . . ~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Gub Road, West Palm Beach, Florida 33406 . (561) 686--8800 . FL WATS 1-800-432-2045 . roD (561) 697-2574 Mailing Address: P. O. Box24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov July 24, 2006 Overnight Delivery 17110895852 Mr. Kurt Bressner City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mr. Bressner: Subject: Contract # SAP 3600001336 South Lake Worth (Boynton) Inlet Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, ~#~ \0:. Patrick Wiener Senior Contract Specialist Procurement Department pwiener@sfwmd.gov (561) 682-6220 FAX: (561) 681-6275 RECEIVED ~-~ ~ I CllY M^~j!1GER'S QFFICE 1 PW /jcs Enclosure Armando Ramirez MSC-6890 GOVERNING BOARD Kevin McCarty, Ciulir Irela M. Bague, Vice-Chair Miya Burt-Stewart Alice J. Carlson Michael Collins Nicolas J. Gutierrez, Jr., Esq. EXECUTIVE OFFICE Lennart E. Lindahl, P.E. Harkley R. Thornton Malcolm S. Wade, Jr. Carol Ann Wehle, Executive Director 8 ORIGINAL E)(h~ b,,- \,\ t et SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT061115 #3600001336 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF BOYNTON BEACH THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District (DISTRICT) and the City of Boynton Beach (CITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the CITY for the fact finding and evaluation study ofthe South Lake Worth (Boynton) Inlet; and WHEREAS, the CITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions ofthis AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT at its July 12,2006 meeting, approved entering into this AGREEMENT with the CITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for design, permitting, land acquisition, and construction. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of nine (9) months. 3. The total DISTRICT contribution shall not exceed the amount of One Hundred Sixty Thousand Dollars and No Cents ($160,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of$160,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess ofthis amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the Agreement No. OT061115/ SAP # 3600001336- Page I of 5 contrary. The DISTRICT will notify the CITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The CITY of Boynton Beach is responsible for any additional funds either through local revenues, grants in conformity with the laws and regulations governing the CITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The CITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the CITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods. 7. The CITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The CITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The CITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not limited to, all docwnents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon completion of this AGREEMENT. The CITY shall retain all ownership to tangible property. 9. The CITY, to the extent permitted by law, asswnes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the CITY and the officers, employees, servants and agents thereof The CITY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the CITY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the CITY subcontracts any part or all of the work hereunder to any third party, the CITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the CITY. Any contract awarded by the CITY shall include a provision whereby the CITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the CITY's subcontract. 10. The CITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the CITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT Agreement No. OT061115/ SAP # 3600001336- Page 2 of 5 without the prior written consent of the other parties. Any attempted assignment m violat~on of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The CITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the CITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The CITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 1 19, Florida Statutes. Should the CITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY. 16. The CITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The CITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The CITY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the CITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the CITY as set forth in Exhibit "C". The CITY shall maintain all financial/non-fmancial records through: (1) Identification ofthe state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the CITY's financial and non-financial records to the extent necessary to monitor the CITY's Agreement No. OT06 1115/ SAP # 3600001336- Page 3 of 5 use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District City of Boynton Beach Attn: Armando Ramirez, Project Manager Telephone No. (561) 682-6684 Attn: Kurt Bressner, City Manager Telephone No. (561)-742-6010 Attn: Patrick Wiener, Contract Specialist Telephone No. (561) 682-6220 Address: PO Box 310 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 19. CITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, CITY or circwnstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or prOVISIon of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGR,EEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1-24 Agreement No. OT061l15! SAP # 3600001336- Page 4 of5 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden. Director of Procurement S:MIZ:ii;;;'d Date: 7- /1./ - Of? ~~ CITY OF BOYNTON BEACH By: TITLE: Agreement No. OT061115! SAP # 3600001336- Page 5 of 5 EXHIBIT "A" Statement of Work Fact Finding & Evaluation Study South Lake Worth (Boynton) Inlet Boater Safety, Water Quality & Tidal Stages SECTION 1 -INTRODUCTION/ BACKGROUND This contract provides for cost-sharing with the City of Boynton Beach on a fact finding and evaluation study of the South Lake Worth (Boynton) Inlet. The objective of the study is to help define what measures would improve boater safety and improve water quality without significant changes to tidal stages. In 1915, the South Lake Worth Inlet District was created by the Florida Legislature under Chapter 7080, Laws of Florida. The Legislature authorized the District to construct and maintain an inlet which would connect the waters of Lake Worth with the Atlantic Ocean, "and all other works necessary and proper in connection therewith". On May 24, 1996, Chapter 96-466, Laws of Florida repealed Chapter 7080 and abolished the South Lake Worth Inlet District giving all property and property rights to Palm Beach County, saying that". . . benefits of the inlet extend beyond the boundaries of the district." South Lake Worth Inlet was originally dredged in 1927. The South Lake Worth Inlet is an improved artificial tidal inlet cut through the barrier island. The inlet is located within an unincorporated area between the Towns of Mana lap an and Ocean Ridge. The purpose of the inlet was to improve water quality in Lake Worth; however, the inlet also has been used heavily by local residents for boat access to the Atlantic Ocean. Efforts to stabilize the hydraulics of the inlet and improve navigation have included raising the jetties to 12' ML Win 1938, as well as, their seaward extension in 1967. SECTION 2 - OBJECTIVES The proposed study will evaluate the South Lake Worth Inlet to improve boater safety and water quality in Lake Worth. Sections of the study will include but will not be limited to data collection, studies, models, analysis and engineering Exhibit "A" Agreement # OT061115 SAP# 3600001336 Page 1 of3 evaluations necessary to improve boater safety, water quality and tidal effects associated with the inlet's status quo or modification. The study is expected to provide the Boynton Inlet Committee with quantitative results to assist in determining the feasibility of expanding/deepening the South Lake Worth Inlet, including consequential changes to adjacent areas i.e. ebb tidal shoal and sand transport effects. SECTION 3 - WORK BREAKDOWN STRUCTURE (WBS) The purpose of the scope of work is to technically support the Committee's efforts for consideration of inlet improvements. Areas to be covered as part of the scope include: Storm surge, velocities and distribution of velocities within the inlet, Boat users and Boating accident/incident records, ebb and flood tidal shoal data, water quality and exchange information, plotting of existing seagrass maps, sea state information, beach erosion, environmental issues, and impact on affected stakeholders. Task 1 - Perform a complete hydraulic model analysis of various conditions affecting South Lake Worth Inlet, Intracoastal and residential waterways within 1'l2 miles of the inlet. This work shall include: C-16 discharge rates and timing, evaluation of velocity and tidal flooding, flushing effects and potential changes to beach erosion/accretion trends; data collection; analysis and engineering evaluation. Boating accident data should include type and location, frequency and conditions, with an indication as to what improvements to the inlet would reduce boater incidence and by how much. Task 1 Deliverable supporting data One (1) copy of the preliminary H&H report and Task 1 Performance Period 120 days Task 2 - In report format, the study will include details of anticipated benefits/impacts at various widths and depths to boaters, potential changes from storm surge and tidal stages that would provide a comparison of potential impacts to all affected properties within the study area, as well as, providing expected water quality changes. Expected effects to the ebb tidal shoal should be discussed as well as sand transport across or into the inlet. The report shall also include an estimate of cost of each option or recommendation. Exhibit "A" Agreement # OT061115 SAP# 3600001336 Page 2 of3 Task 2 Deliverable Draft report & Cost Estimate, and draft presentation Task 2 Performance Period 45 days Task 3 - Recommend mitigation for negative impacts. This should focus on tidal stages, channel velocity, boater safety, loss of land for recreational use and water quality enhancements for the environment. Task 3 Deliverable Report on recommended mitigation Task 3 Performance Period 45 days Task 4 - Final presentation to the Committee shall include comments from Stakeholders and codified in a formal document. Task 4 Deliverable Final Report and Final Presentation Task 4 Performance Period 45 days SECTION 4 - PROJECT SCHEDULE The following is the anticipated schedule for execution of this project. However, due to committee constraints this schedule may be adjusted, as may be required. Task 1 - Data collection, studies/modeling, analysis and engineering -........ ..... November 28th, 2006 Task 2 - Draft report and initial Presentation...... ............ ..................... ..... January 12th, 2007 Task 3 - Recommended Mitigation....................................................... February 26th, 2007 Task 4 - Final Presentation............... ... ...... ...... ......... ............ ... ... ... ..... April 12th, 2007 Exhibit "A" Agreement # OT061115 SAP# 3600001336 Page 3 of3 EXHIBIT "B" PAYMENT AND DELIVERABLES Total payment by the District shall not exceed the amount of $160,000, and is subject to funding approval in the District's 2006/2007 FY budget. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the City of Boynton Beach within the not-to-exceed amounts specified below in accordance with the completion of each Task in accordance with Exhibit "A" Statement of Work requirement';" The City of Boynton Beach is responsible for any additional funds either through local revenues, grants, other appropriations and / or other funding sources as authorized by the city commission. DELIVERABLES AND PAYMENT SCHEDULE Deliverable Description Due Date Amount Task 1 Preliminary Report and Supporting November 2Stl1, 2006 $64,000 Deliverable 1 data Task 2 Draft Report & Cost Estimate and January 12t", 2007 $16,000 Deliverable 2 Initial Presentation Task 3 Report on Recommended Mitigation February 26th, 2007 $64,000 Deliverable 3 Task 4 April 12tl1, 2007 $16,000 Deliverable 4 Final Report and Final Presentation Pro.iect Total $160,000 Exhibit "B" Agreement # OT061115 SAP # 3600001336 Page 1 of 1 (,'~.< :,\"V "'~, / '~..',' . L ;,.,;,., C1 . : {; , '~ '. (,' ....... !-, "'~'_,,,>,,;,... "4<- tv rO N ; VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) IZJ August 15,2006 July 31,2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6,2006 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM IZJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve and authorize signing of Task Order No. U06-4-1 with CDM for negotiating additional surficial aquifer allocations on the City's behalf with the South Florida Water Management District. EXPLANATION: In August 2003 the City of Boynton Beach received a revised Consumptive Use Permit for water withdrawals from the surficial aquifer system, which in effect will reduce the City's allowable dry season water withdrawals significantly beginning on August 1, 2008. During the permitting process, credits were not granted by the South Florida Water Management District for the City's prior construction of an Aquifer Storage and Recovery (ASR) well, and a reclaimed water system serving five golf courses within the service area. CDM is of the opinion that credits should have been granted for these alternative water supplies, and will negotiate the granting of such credits in favor of the City's future allocation from the surficial aquifer. PROGRAM IMPACT: Potentially increase the City's allowable dry season allocation by 135 million gallons per month (approximately 4.5 million gallons per day) FISCAL IMPACT: Funds are available in the Utilities operating budget account # 401-2821-536-31-90 for this task order, which is estimated not to exceed $20,000. ALTERNATIVES: Accept the currently-permitted allocation, and develop additional treatment capability accordingly. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~/;~1''!~':?"'''' ~- '\ . ' \ r \ ;, _. ...... ..'1_ f"..... ~_ - { -"'" V<'O\ '.'. -__/~ 1- "-,,_~"_ ,', .~"'~/.... -i('".'" " -. --.' "ON v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~\ Kurt Bressner, City Manager C4?YL Kofi Boateng, Director of Utilities Utilities Department Department Name City Attorney / Finance / Human Resources Attachments bc: Kofi Boateng, Director of Utilities Pete Mazzella, Deputy Director of Utilities Michael Low, Deputy Director of Utilities Barb Conboy, Manager, Utilities Administration & Finance Procurement Services File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CDM 1601 Belvedere Road, Suite 211 South West Palm Beach. Florida 33406 tel: 561 689-3336 fax: 561689.9713 July 31, 2006 Mr. Kofi Boateng Director of Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Su bject: Water Use Allocation Credit for the City of Boynton Beach Dear Mr. Boateng, CDM is pleased to submit to you the attached proposal for "Water Use Allocation Credit for the City of Boynton Beach" for your consideration. Please let us know if you should require any additional information. Very truly yours, rk:d ,JJ~ ) . Patrick J. Gleason, Ph.D., P.G. Vice President Camp Dresser & McKee Inc. c: David Collins, P.E., BCEE, CDM consulting' engineering' construction' operations 1 RESOI~UTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 TASK ORDER NO. U06-4-1 IN AN AMOUNT NOT TO 6 EXCEED $20,000.00 WITH CAMP, DRESSER & 7 McKEE, INC., FOR NEGOTIATING ADDITIONAL 8 SURFICIAL AQUIFER ALLOCATIONS ON THE 9 CITY'S BEHALF WITH THE SOUTH FLORIDA 10 WATER MANAGEMENT DISTRICT; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Boynton Beach received a revised Consumptive Use Permit 15 for water withdrawals from the surficial aquifer system, which in effect will reduce the 16 City's allowable dry season water withdrawals significantly beginning on August 1, 2008; 17 and 18 WHEREAS, During the permitting process, credits were not granted by the South 19 Florida Water Management District for the City's prior construction of an Aquifer Storage 20 and Recovery well and a reclaimed water system; and 21 WHEREAS, Camp Dresser & McKee is of the opinion that credits should have been 22 granted for these alternative water supplies and will negotiate the granting of such credits in 23 favor of the City's future allocation from the surficial aquifer; and 24 WHEREAS, the City Commission of the City of Boynton Beach upon 25 recommendation of staff, deems it to be in the best interest of the citizens of the City of 26 Boynton Beach to authorize execution of Task Order U06-4-1 in an amount not to exceed 27 $20,000.00 with Camp Dressker & McKee, Inc. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESOlAgreements\Task - Change Orders\Camp Dresser U06.04.1.doc 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution of Task Order U06-4-1 in an amount 6 not to exceed $20,000.00 with Camp Dresser & McKee, Inc., for negotiating additional 7 surficial aquifer allocations on the City's behalf with South Florida Water Management 8 District, a copy of which is attached hereto as Exhibit "A". 9 Section 3. This Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this _ day of August, 2006. 11 12 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 - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:ICAIRESOlAgreemenlslTask . Change Orders\Camp Dresser U06.04-1.doc CDNI 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 lei 561 689-3336 fax 561 689.9713 August 7, 2006 Task Order No. U06'-4-1 Water Use Allocation Credit for the City of Boynton Beach A. Background The purpose of this scope of work is to attempt to obtain water use allocation credit for replacement of existing golf course irrigation uses by reclaimed water and the use of ASR at the City of Boynton Beach. The City of Boynton Beach currently provides wastewater to the South Central Regional Wastewater Treatment and Disposal Board (SCRWWTDB) for treatment and disposal. Both the cities of Boynton Beach and Delray Beach sit as the Board of the SCRWWTF. In turn SCRWWTF provides reclaimed water to five golf courses within the City of Boynton Beach with a commitment of 1.752 MGD on an average day basis. In reality, the amount of reclaimed water usage has exceeded this quantity during the dry season according to the South Florida Water Management District (SFWMD). In the future, the City plans to provide reclaimed water to an additional12 sites for an average day commitment of .68 MGD. The five golf courses are to the west and upgradient of the existing Eastern Water Plant and weIlfield, and southeast and downgradient of the Western Water Plant and wellfield. The Western weIlfield is located in the 16 ft NGVD basin of LWDD and the Eastern WeIlfie1d is located downgradient of the 8.5 ft. NGVD basin of LWDD. The five golf courses are located in either the 8.5 ft or 12.5 ft NGVD basins. Golf Course Reclaimed Water Elevation of L WDD Commitment Basin (NGVD) Hunters Run Golf & 182 MGY (.499 MGD) 8.5 Racquet Club Country Club of Florida 81 MGY (.22 MGD) 8.5 De1ray Dunes Golf and 70 MGY (.19 MGD) 8.5 Country Club Quail Ridge Country Club 224 MGY (.614 MGD) 8.5 Pine Tree Golf Club 86 MGY (.23 MGD) 12.5 Total 1.753 MGD -' - N/OOOOIWLB2900.doc CDM Page 2 When the City of Boynton Beach imph~mented reclaimed water usage through the SCRWWTDB, all five of the golf courses were in existence and using water. These five golf courses by virtue of their reclaimed water use have made available a significant amount of water within basins of the Lake Worth Drainage District (LWDD). The City of Boynton Beach currently has an annual allocation of 7,844 million gallons (MG) and a maximum monthly allocation of 741.4 million gallons (MGM) from the Biscayne aquifer under water use permit 50-oo499-W. One existing and one proposed ASR well are noted. According to the water use permit staff report, the City has proposed the completion of a reverse osmosis (RO) treatment plant, however, no allocation is provided in the permit for withdrawals for the RO plant and no allocation is given for withdrawals from the Floridan aquifer. The SFWMD has limited the City to dry season withdrawals from the Biscayne aquifer (January through May) to 2325 MG not to exceed 465 MGM (15.5 MGD) after July 1, 2008. Wet season withdrawals from the Biscayne wells (June through December) are limited to 5522 MG not to exceed 771 MGM. The combined total of these (7847 MG) is slightly more than the total allocation of 7844 MG to meet 2010 projected finished water demands. The City's allocation prior to the allocation granted in 2003 was 5,425 MG (14.86 MGD) with a max day of 20.66 MG. The City's new allocation under its most recent permit is 7,844 million gallons (MG) with a max month of 465 MG (15.5 MGD) after July 1, 2008. Since the City's new allocation only provides for a dry season withdrawal of 15.5 MGD after July 1, 2008, this means that by virtue of the new permit the City received a total decrease in allocation for the dry season of about 5 MGD even though about seven years of additional growth was projected. The threat of salt water intrusion has been recognized at the Eastern Water Plant and the SFWMD has limited it to 240 MGM (8.0 MGD). This means that during the dry season withdrawals from the Western wellfie1d are limited to about 7 MGD on a maximum month basis after July 1, 2008, if the Eastern welIfie1d is pumping its maximum amount. Increases in withdrawals at the Eastern wellfield may be possible. SFWMD has indicated that "Withdrawals from the Eastern WelIfield shall be limited to 240 MGM (8.0 MGD). If the permittee provides additional information which demonstrates that an increase in withdrawals will not potentially cause upcoming and/ or saline water intrusion and otherwise meets the conditions of permit issuance, a modification to this limiting condition shall be issued by staff." N:lOOOOIWLB2900.doc CDIVI Page 3 CDM proposes that the City approach SFWMD with a request for 23 MGD (692 MGM) on a dry season max month basis based on credit for both the City's use of reclaimed water and ASK The basis for the allocation credit is actually calculated in the 2003 staff report for the existing permit and is as follows. Based on the 2003 SFWMD water use staff report, the basis for the City's allocation of water from the Biscayne aquifer is the amount of water use projected by the Lower East Coast Water Supply Plan (LECWSP) for 2005. This amount is 5,657 MGY (15.5 MGD). The staff report indicates that future water use projected for 2008 is in excess of this amount (7380 MGY; 20.22 MGD). The staff report points out that the 2008 projected withdrawal is 1723 MGY (4.72 MGD) over the amount of use, 5,657 MGY projected by the LECWSP for 2005. SFWMD staff recognized that the Biscayne aquifer withdrawals do not impact the regional system on a 1 to 1 basis and that of the groundwater pumped a portion is derived from local groundwater storage and a portion is from seepage from L WDD canals. According to the staff report, using the SFWMD's LECWSP sub-regional groundwater models, SFWMD estimated that approximately sixty five percent of the water pumped in the vicinity of the City's Western Wellfie1d is derived from seepage out of the surrounding LWDD canals during a 1 in 10 year dry season maximum month. The staff report indicates that assuming that all of the 1723 MGY is produced from the Western We1lfie1d would translate to approximately 1120 MGY of additional seepage from the LWDD canals. SFWMD staff evaluated the utility's pumpage data for the years 1999, 2000, and 2002 to determine the ratio of wet season to dry season pumpage in order to identify how much of the 1120 MGY of seepage would occur during the dry season. Based on this analysis, 56.8% of the water is pumped during the wet season months (June through December) and 43.2% during the dry months (January through May). Therefore approximately 484 MG will occur during the dry season when water supply in the canals is being augmented from the regional system. It is this additional regional system water that SFWMD staff examined in order to determine consistency with the MFL recovery strategy. The SFWMD staff performed an evaluation of alternative sources implemented by Boynton Beach to offset the potential regional system discharges if the City were to withdraw the 2008 demand of 7380 MGY. During the dry season, an average of 4.4 MGD of irrigation water supply that used to be directly withdrawn from the L WDD canals is being offset by the use of reclaimed water. The golf courses that are now using reclaimed water were modeled in CERP and the LECWSP as being supplied from direct LWDD canal withdrawals. As a consequence of the use of reclaimed water by these golf courses the demands on the regional system that were considered in the CERP and LECWSP model runs are reduced. During the dry season this equates to 669 MG of reduced withdrawals from the L WDD canals. This amount N:lOOOOIWLB2900doc CDIVI Page 4 exceeds the projected seepage from the regional system due to the City's 2008 projected water use (7380 MGY; 20.22 MGD) by 184 MG. In addition, as another source to offset the excess in regional system influences, the utility has an active ASR well in place that was not considered as a dry season source of water in the LECWSP. During the dry season months of 2002, 120 MG (800,000 gpd average) was recovered. The staff report indicates that the recovery of water stored during the wet season directly reduces the pumpage from the Biscayne Aquifer during the peak demand months in the dry season, consequently reducing the influence on the regional system from what was projected to occur in the LECWSP. Assuming 65% of this reduced demand would have been from L WDD canal seepage had the water been pumped from Biscayne aquifer wells instead of the ASR well, the ASR well reduces the dry season seepage demands by 78 MG. The City is also adding a second ASR well in the near future that will further reduce dry season pumpage of the Biscayne aquifer and associated seepage from the LWDD. Combining the above analyses of both dry season reclaimed water use and ASR at the current level, a total of 738 MG of offset within the LWDD canals occurs during the dry season compared to the projected 2008 withdrawal of 7380 MGY (20.22 MGD) and projected increase of seepage from the LWDD canals of 484 MG at the latter withdrawal. The 738 MG offset during the dry season presented above should justify an increase of 1135 MG in withdrawal (.65 X 1135 MG) during the dry season. This is equivalent to 227 MGM or about 7.5 MGD increase in allocation. Based on these considerations, a max month of 23 MGD (692 MGM) during the dry season from the Biscayne aquifer is consistent with District permit criteria for MFL water bodies and is consistent with the LECWSP and CERP. This takes into consideration a post-July 1, 2008 dry season max month of 465 MGM plus an offset of 227 MGM during the dry season for a total max month of 692 MGM (23 MGD) from the Biscayne aquifer. The ability to obtain an increased allocation from the Biscayne aquifer associated with credit for reclaimed water use has recently been complicated by potential failure of the Lake Okeechobee dike during high water periods. This would not be due to the rationale for credit for reclaimed water use but rather the fact that the historical use of fresh water from the Biscayne aquifer may not be available. The potential for failure of the Lake Okeechobee dike has led the US Army Corps of Engineers to indicate that the Lake will have to be held at a lower elevation which means less storage available for public water supplies along the east coast. As a consequence utilities may not have access to historical amounts of fresh water from the regional water supply system. Lake Worth Drainage District's allocation of water for utilities along the east coast of Palm Beach County may not be supported by the SFWMD; N:lOOOONVLB2900.doc Page 5 rather L WDD and dependent utilities may be required to go into water shortages frequently during the dry season as a consequence of decreased storage. The use of reclaimed water may not be sufficient to overcome the regional water supply deficit to allow SFWMD managers the ability to allocate additional water. B. Scope of Work Task 1. Collect SFWMD permit data on five golf courses CDM will determine whether the five golf courses that are receiving reclaimed water still have water use permits and allocations from the South Florida Water Management District. CDM will search, obtain and evaluate whether there are existing water use permits for the five golf courses from the SFWMD. CDM will determine if the five golf courses still have pump intakes into adjacent canals of the Lake Worth Drainage District. The existence of permits, allocations and canal intakes for the five golf courses will be negotiation points in obtaining credit for reclaimed water use. Task 2. Obtain reclaimed water use records CDM will obtain reclaimed water use records for each of the five golf courses from SCRWWTDB for the past 24 months if available. CDM will cross check to determine if the contracted amounts of reclaimed water are actually being used (1.75 MGD) and if the 4.4 MGD of reclaimed water use indicated in the City's last SFWMD water use staff report is still applicable, or whether that amount has actually increased. Task 3. Meet with SFWMD to discuss obtaining allocation credit CDM will arrange up to two meetings with SFWMD staff for the purpose of discussing allocation credit for the City of Boynton Beach. The objective of the meetings will be to obtain credit for the reclaimed water usage which the City has supplied to five golf courses along with ASR allocation credit as described above. In terms of the current allocation, the purpose would be to increase the allowable dry season (January through May) monthly withdrawal from the Biscayne aquifer wells from 15.5 MGD (465 MGM) which is the restriction after July 1, 2008 to approximately 23 MGD (692 MGM) given credit for reclaimed water and ASR. C. Compensation CDM will perform the above three tasks for a lump sum amount of $20,000. Task 1 Task 2 Task 3 Total $ 5,000 $ 5,000 $10,000 $20,000 N:/OOOO/WLB2900doc Page 6 D. Schedule All work to be completed within four months starting at written notice to proceed not withstanding any delays based on availability of SFWMD staff to meet. Task 1 Task 2 Task 3 Total One Month One Month Two Months Four Months APPROVED BY: CITY OF BOYNTON BEACH By: Kurt Bressner City Manager Dated this _ day of ,2006 SUBMITTED BY: CAMP DRESSER & MCKEE (CDM) By: ca-~ ~ {/ Patrick J. Gleason, PhD., P.G. Vice President Dated this L day of U;~ 2006 N:/OOOOI\I\ILB2900.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4 AGENDA ITEM REQUEST FORI.. Requested City Commission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned ill Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon) ~ August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19, 2006 September 5,2006 (Noon) 0 November 21,2006 November 6,2006 (Noon) 0 Annooorem~~renrntions 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM '.,_., ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business ,."''''' c _~. 0 Public Hearing 0 C-,-J ---, RECOMMENDATION: Approve Resolution # ()6... to enter into an annual contract with CompuTEE: ,. -----> International, Inc. to provide an automated tee-time system at a maximum cost of $2500 per year. -:,::., ...~-1 F~~:' EXPLANA nON: : Since the opening of the golf course in 1984, surveys have indicated that the custome~ # lA ::;> concern is the difficulty of making a reservation. With CompuTEE International, Inc., customers will be able to :2 make a reservation 24/7 instead of having to call at a designated time during business hours. CompuTEE offers an automated reservation system that provides customer access to the system via the internet m: telephone, and does not require on-site support or an on-site computer server. CompuTEE requires no start up costs, no dedicated phone lines (approximately $50 per month, per line) and training fees are provided at no charge. Quotations from other reputable tee-time systems require start up costs of $14, 160 (Chelsea Information Systems, Inc.) and $5,429 (Integrated Business Systems) plus annual support fees of $3,000 and $625 respectively. The City of Boynton Beach Golf Advisory Board endorses this new automated tee-time system. PROGRAM IMPACT: An automated tee-time system win greatly reduce the amount of phone calls received by the pro shop and eliminate the expense of a phone operator during the busy winter season. This new convenience will also increase customer satisfaction. CompuTEE automated tee-time system will also provide administrative fundions including the capacity to track no-shows, in-house advertising, course conditions, and other valuable information. FISCAL IMPACT: The maximum cost of this system will be $2500 per year. The elimination of the need of a phone operator for the busy winter season will reduce labor costs $6,075. Funds for this system are available in account # 411-2910-572.49-17. ALTERNATIVES: Not to approve the contrad and continue to issue reserv . d~ring regular business hou ~~~~ Department Name S:\Blll.LETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING THE EXECUTION OF A 6 SERVICE AGREEMENT \VITH COMPUTEE 7 INTERNATIONAL, INC., TO PROVIDE AN 8 AUTOMATED TEE-TIME SYSTEM AT A MAXIMUM 9 COST OF $2,500.00 PER YEAR; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, upon recommendation of staff, the City Commission has determined 13 that it is in the best interests of the residents of the City to award to and execute a Service 14 Agreement with CompuTEE international, Inc., at a maximum cost of $2,500.00 per year to 15 provide an automated tee-time system. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby award and authorize execution of the Service Agreement with CompuTEE 23 International, Inc., at a maximum cost of $2,500.00 per year to provide an automated tee-time 24 system, a copy of which is attached hereto as Exhibit "A". 25 26 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESOlAgreements\CompuTEE Golf Course Agmt.doc 1 PASSED AND ADOPTED this _ day of August, 2006. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Carl McKoy 10 11 12 Commissioner - Robert Ensler 13 14 15 Commissioner - Mack McCray 16 17 18 Commissioner- Muir C. Ferguson 19 ATTEST: 20 21 22 City Clerk ~~ 25 (Corporate Seal) S:\CA\RESOlAgreemenls\CompuTEE Golf Course Agmt.doc f,^HIt311 . f\ ,. CompuTEE International Inc. CUSTOMER: The Links at Boynton Beach SERVICE AGREEMENT CUSTOMER agrees to and hereby grants to CompuTEE International Inc. (hereinafter "CompuTEE") the exclusive right to provide CUSTOMER with an automated tee time reservation service (SERVICE) with the following provisions (AGREEMENT): I. CompuTEE gnmts CUSTOMER an initial 30 (thirty) day trial period to evaluate the SERVICE at no charge and CUSTOMER may have the SERVICE terminated at any time during the 30 day free evaluation period without penalty or cost. After the 30 day "free" trial period CUSTOMER will be charged in accordance with the PRICING PLAN as described below. 2. CUSTOMER agrees to pay a 5t per person, per reservation, traJllllldion fee for all reservations, that appear on the daily tee sheet, regardless of "show" or "no-show" status. The 5t per person, per reservation, transaction fee INCLUDES ALL TRAINING, DELIVERY, SUPPORT, MAINTENANCE, SOFfW ARE UPGRADES, AND SERVICE. 3. SYSTEM IS TO BE pur-INTO-SERVlCE AND BILLING WILL COMMENCE ON THE 30TH DAY WITH THE FIRST INVOICE SUBMITTED ON THE 60TH DAY ..~___. REFLECTING THE USAGE 30 DAYS PRIOR 4. THIS AGREEMENT CALLS FOR A MINIMUM ANNUAL BILLING CHARGE OF $1,500.00 PER YEAR AND ALSO PROVIDES AN ANNUAL BILLING "TOP-STOP" OF $ 2,500.00 PER YEAR DURING EACH 365 DAY CYCLE, COMMENCING AT THE INST ALLA TlON DATE. 5. Onetime Initial Setup Fee $ 0 6. This AGREEMENT is a year-to-year agreement and shall extend automatically for the period of one year on an annual basis unless either party notifies is the other in writing of its intent to cancel the AGREEMENT at least 60 days prior to the automatic renewal, Obligations of CompuTEE. CompuTEE will provide: 7. CUSTOMER with a local telephone number that CUSTOMER will disseminate to CUSTOMER's golftng patrons so that CUSTOMER's patrons can locally cUaI CUSTOMER's tee time reservation system and book tee times 24 hours a day. 8. primary centralized hrtemet servers and proprietary software necessary (TECHNOLOGY) to enable the reservation of tee times and golf course management functions (the SERVICE) over the Internet including the ability for golfers to book tee times on touch-tone phone phones 24 hours a day, except for briefperiods ofintenuption for systems servicing and maintenance. 9. telephone and Internet based tecImical support (SUPPORT) for one halfhour (non-accumulating) per month during normal business hours and on and "as available" basis for all emergencies during other times. CompuTEE will charge $50.00 per hour for telephone based teclmical support pelformed in excess of one half an hour per month and will bill in increments of IS minutes. 10. training on an initial and ongoing basis adequate to ensure the proper functioning of the SERVICE by CUSTOMER personnel, 11. support for SERVICE failure in and above standard tecImical support. In the event of failure of SERVICE, CompuTEE, or its agent, shall respond to the emergency by conunencing remote remedial procedures no later than 4 (four) hours from that time CUSTOMER infonns CompuTEE of the failure. CompuTEE, or its agents, shall thereafter use its best efforts to restore the SERVICE within 48 hours. Obligations of customer. Customer agrees to: 12. If CUSTOMER does not possess Internet access, CUSTOMER agrees to order or provide at its' own eIpense. maintain, and pay for, a 24 hour local ISP DSL IP Internet access within three (3) days of the eneution orthis agreement. 13. CUSTOMER shall provide their own Internet enabled computer and printer and be financially responsible for maintenance and repair of the HARDWARE. 14. CUSTOMER will place, and pay for, service requests to local conunercial hardware computer service repair companies for all HARDWARE repair, maintenance, and replacement of hardware required to restore SERVICE. It is agreed and understood that hardware purchased or provided by CUSTOMER shall remain the property of CUSTOMER. 15. provide a safe and reasonable location for placement of the TECHNOLOGY and maintain enviromneutaI conditions suitable for continued operation of the TECHNOLOGY including adequate electrical power circuits with isolated grOtUlding. CUSTOMER's premises for purposes of providing service and pay for all supplies after initial installation of the system, such as paper, printer cartridges, etc., 16. designate one tenured employee to be the SYSTEM ADMIN]STRATOR, or "key operator," who will be knowledgeable in all aspects of the SERVICE and who will be the primary contact for technical interaction and training with CompuTEE, 17. develop and be prepared to use an Alternative Tee Time management system in case of SERVICE failure. 18. pay all invoices upon receipt. CUSTOMER is responsible for any applicable sales, tangible, or other taxes. Ownership and liability provisions: 19. This AGREEMENT does not constitute a rental agreement, CompuTEE owns all licenses to software and equipment, and customer shall protect the copyright of the licenses with due care. 20. CUSTOMER shall not hold CompuTEE liable for SERVICE failure with respect to acts of Go<!, abnormal weather, problems dependent upon the service of vital vendors such as lntemet ISPs, telephone and electric utilities or any other reason. Internet Advertising Provisions 21. lf the CUSTOMER elects to participate in the CompuTEE advertising program, CUSTOMER will be entitled to one half (112) the net advertising revenues after expenses and setup costs. CUSTOMER agrees that the CUSTOMER's portion of the advertising revenues will be used to oflSet the nonnal billing costs associated with the use of the SERVICE. Other Provisions: 22. Various items: all notices, requests, or changes regarding this AGREEMENT shall be in writing, and either hand delivered to or sent by traceable delivery service to the other party. The failure to enforce any right, reservation, restriction or condition contained herein, no matter the elapsed time, shall not be deemed a waiver of the right to do so thereafter. This agreement is binding upon the successors to the parties. lf any civil action of rises &om this AGREEMENT, both parties agree that the venue will be in Palm Beach County, Florida, 23. Each party agrees to indemni1Y the other offinancialloss for a breach of this agreement. 24. The COMMENCEMENT DATE is the date that the CUSTOMER begins taking actual reservations, after the initial 30 free trial period, with the SERVICE, whether via the touch-tone phone (IVR) or lntemet. 25. This agreement sets forth all ofCompuTEE's obligations with regard to the SERVICE and any and TECHNOLOGY furnished by CompuTEE, and this agreement contains the entire understanding of the parties and replaces any written or oral representations, whether expressed or implied. BY CUSTOMER: BY CompuTEE: Robert Rodenbera. President DATE: Monday, July 3], 2006 DiE~ Quotation Number: 130091 Quotation Date: 6/19/06 Page: 1 Integrated Business SystelTIS QUal AllaN Quoted To: The Links at Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Installation Site: Line Description of Product or Service Quantity Price Total 1 2 LICENSE SOFTW ARE 3 4 Tee Time System - Includes Tee Time Reservations, 1.00 2,995.00 2,995.00 5 Reseller Functionality, SMART Email Marketinq, and 6 Player Trackinq Membership Module 7 <Special Discount> -1.00 300.00 -300.00 8 9 PRE-INSTALLATION 10 11 Pre-Installation Operational Confiquration & Traininq 0.25 795.00 198.75 12 13 INST ALLA TION 14 15 System Software Confiquration 1.00 150.00 150.00 16 17 OPERATIONAL CONFIGURATION & TRAINING 18 19 Operational Confiquration & Traininq - Days 3.00 795.00 2,385.00 20 21 To Include: 22 23 - Tee Times 24 25 TRAVEL EXPENSES, SHIPPING & HANDLING 26 EXPENSES, AS WELL AS APPLICABLE SALES TAX, 27 ARE NOT INCLUDED AND WILL BE ADDED TO THE 28 FINAL INVOICE. 29 30 NOTE: NOTE: Your siqnature indicates your 31 acceptance of the pricinq contained in this auote & your 32 desire to commit to the installation of a system or the 33 purchase of a producVservice. A 50% deposit of 34 $2,714.38 is reauired to start your order. Annual Subtotal: Continued Sales Tax: Continued TOTAL: Cont inu ed REP: Mark E. WILLIAMS Valid through: Jul 19, 2006 _n_ IBS Approval Customer Acceptance 12201 Gay!.gn Road. Suite 100 * Richmond. \":\ 23238 Phone (804) 75.+.320() 1a\ It!()41 /54-44IJU Printed Name Printed N arl1C D[iJ~ Quotation Number: 130091 Quotation Date: 6/19/06 Page: 2 Integrated Business Systems QUOTATION Quoted To: The Links at Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Installation Site: Line Description of Product or Service Quan tity Price Total 1 technical support services are not included and will be 2 added to the final invoice. The current annual support 3 fees are: Tee Times - $625.00. A 10% discount will be 4 applied if support is paid annually. The annual support 5 fees may chanQe in the future. 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 Subtotal: 5,428.75 Sales Tax: TOTAL: $ 5,428.75 REP: Mark E. WILLIAMS Valid through: Jul 19. 2006 illS Approval Customer Acceptance Printed Name Printed Name 12201 Ga~()n Road. Suite 100"' Richmond. VA 23238 * Phone (804) 754-3200 * Fax (804) 754-4460 June 21, 2006 Mr. Dan Hager Director of Golf Operations The Links of Boynton Beach 820 Jog Road Boynton, Florida 33437 Dear Dan: We are pleased to present this quotation for Tee Time Reservation software: Software: I - Tee Time Reservation Software: . First eome/ftrst tee time reservations . Multiple membership types with restrictions . Advance tee sheet bookings . Unlimited master course configurations . Multiple tee time restriction codes . Historical tee sheet reporting . Detailed play history by golfer . Excel export of member, booking and history files . Emails in HTML or text format . League affiliation by golfer . Import/export tournament information to Golfnet/GHlN systems . Lesson functions . Transaction tracking of bookings, edits and cancellations . Golfer pace of play information (Turtle or Hare) . Standard Version 9'x reports 1 _ Tee Time Reservation Touch Tone Telephone (IVR) Interface: . 4 active telephone channels . Make/edit/cancel tee time reservations . Record/playback golfer's name greeting . Review assigned tee times . Record/playback messages from the pro shop . Email confirmation upon the booking or cancellation of a tee time reservation Mr. Dan Hager Page 2 of 4 - 6/21/2006 Tee Time Software Quote I - Tee Time Reservation Internet Interface: . Login with golfer id and password . Make or cancel tee time reservations . Lookup other golfers by last name . Update personal golfer information . Review pending assigned tee times . Review other golfer's assigned tee times . Email confmnation upon the booking or cancellation of a tee time reservation . Display tee sheets and alpha reports in real time . Link from Club's existing WEB site Total $ 9.500.00 Terms: Our estimated fees are subject to an upward revision if the scope of the project changes. In this event, we will discuss the matter with you so a mutually acceptable revision may be made. As is customary with engagements of this kind, our firm requires an authorized purchase order to proceed with this project. The balance is due upon delivery. Chelsea Information Systems, Inc. is required to collect and remit all sales tax if a sales tax exempt certificate is not provided.. Annual Support Fees: First year of telephone support is provided at no additional charge. Each additional year of telephone support is currently $3,000.00. Additional Cost: This pricing does not include freight, insurance or network cabling cost. The Links of Boynton Beach will be responsible for all out of pocket expenses including airfare, hotel, car rental and meals. No additional out of pocket expenses should be incurred. Internet Configuration The current configuration only supports local hosting (at the club) of the Internet Interface. The Tee Time telephone/Server computer will support Microsoft's Internet Services Manager (lIS), and will process all Internet requests on a local level. Under certain conditions, an additional PC will be required to process Internet request. The cost for the additional hardware, if required, is the sole responsibility of the club. The Links of Boynton Beach will be responsible for maintaining an open Internet connection via a local or national Internet service provider (ISP) and maintain a static IP address. Under certain conditions, the club may be required to install a separate Internet connection to support the Tee Time System's Internet Interface. The current configuration only supports high-speed Internet connections such as DSL, ISDN, Cable (Broadband), Fractional T1 or T1 with 1.5 megabyte down and 256k up. Dial up is not supported. System performance can be affected by many factors including, but not 1 , Drive. (800) 848-8291 . Fax ,) Mr. Dan Hager Page 3 of 4 - 6/21/2006 Tee Time Software Quote limited, to the end users Internet access speed, Internet browser, Internet browser version and overaIl Internet performance. A DSL/Cable router must be on-site and configured to forward port 80 to the Tee Time/Internet machine. Additional ports (21 and 25) must be opened and configured for outbound traffic. The Links of Boynton Beach wiIl be responsible for maintaining proper Internet security, including but not limited to downloading updates and patches from Microsoft Corporation when made available and any firewaIl or VPN security which may be instaIled. Remote Support: Remote support and additional training is provided via the Internet. High speed internet access (DSL or cable) is required to provide remote support and training. If high speed Internet access is not available, additional software (PCAnywhere) and hardware (modem) will be required. The instaIlation of an additional telephone line with long distance service may also be required. Network Speedffransfer Rate: The club is responsible for the instaIlation of all network (Ethernet category 5) and telephone wiring. The system requires a 100MB; 1 GB is the preferred transfer rate for all network connections. If 100MB transfer rate cannot be achieved, Tenninal Services wiIl be required at an additional cost to the club. Training: Chelsea Information will provide 1 day (8 hours) for installation and onsite training in the operation of the system. Additional training is available at our standard daily rate of $1,000.00 plus out of pocket expenses. To fully utilize our training time, we recommend that the individuals responsible for operating the system have uninterrupted time dedicated to training. Testing: We will test the programs for logic, math, printing and screen errors and make all the necessary corrections. It is The Links of Boynton Beach's responsibility to verify the accuracy of the various reports and the system operation. Any identified corrections will be made, the source code updated and the program recompiled. Warranty: Chelsea Information guarantees to perform in accordance with the design specifications (conversations) approved by you. The warranty is effective for a period of one-year (365 days) from the date of delivery of the software. Upon written notification by you of the existence of a "bug" which prevents the software from perfonning according to specifications, Chelsea will take the necessary steps to correct the malfunction at no additional cost to you. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. IN NO EVENT WILL CHELSEA INFORMATION SYSTEMS, INe. BE LIABLE FOR ANTICIPATED OR LOST PROFITS, CONSEQUENTIAL DAMAGES OR LOSS OF USE OF THE SYSTEM. ~ , corn Mr. Dan Hager Page 4 of 4 - 6/21/2006 Tee Time Software Quote Authorization: To indicate acceptance of this proposal, please sign this letter and return it to us with the authorized purchase order as authorization to proceed with the engagement. The elapsed time will be approximately eight to ten weeks from the date we receive your retainer. This proposal will be valid for 60 days. We appreciate the opportunity to present this proposal to The Links of Boynton Beach and look forward to working with you. Very truly yours, CHELSEA INFORMATION SYSTEMS Lester B. Margolin ACCEPTED BY: TInE: DATE: 1 · Coral (800) 848-8291 . Fax (954) 227-31 1 e 1 e a l;,formation Systems, Inc. GOlJF lit rfENNIS lit FINE DINING Mr. Dan Hager Director of Golf Operations The Links of Boynton Beach 820 Jog Road Boynton, Florida 33437 June 21, 2006 We are pleased to present this proposal for hardware: MainffelephonelInternet Hardware: 1 - HP dc7600, Pentium IV, 2.8+ GHZ, 2 GB memory, 40.0 gig IDE drive, cd rom, no floppy drive, I serial and 1 parallel port, mouse, and keyboard 1 - HP 17" Flat Panel Monitor I ~ Dialogic D4PClufPhone Board 1 - HP LaserJct 1320 1 ~ Norton Anti-Virus (3 PC Version) 1 - Ditto 750 MB Zip drive with 2 diskettes 1 - Tripplight 700V A UPS 1 - Pervasive V9 Sql Database Manager 1 - Cable/DSL Router with 4 port switch $ 1,400.00 650.00 750.00 470.00 120.00 195.00 145.00 850.00 80.00 4,660.00 $ HP Hardware Warranty: HP includes a three (3) year on site parts and labor warranty, provided by the local authorized HP service provider. Service is provided Monday through Friday, excluding holidays by the end of the next business day. On-site service can be upgraded to next day service including weekends and holidays or 24 hour!7 day a week service. The exact cost of this option depends on the level of support selected and the location of the closest service center. Other Hardware Warranty: All non-HP equipment carries a separate hardware warranty and varies by manufacturer. All Dialogic warranties are void due to electrical or lightning damage regardless of age or length of time in service. Mr. Dan Hager 6/21/2006 Hardware Quote Network Speedffransfer Rate: The club is responsible for the installation of all network (Ethernet category 5) wiring. The system requires a 100MB transfer rate for all network connections. If 100MB transfer rate cannot be achieved, Terminal Services will be required at an additional cost to the club. This quotation is valid for 30 days from the issuance date. All sales are final and terms are cod. We require your signature and an authorized purchase order as authorization. The balance is due upon delivery and installation. Signed by: Title: Date: 1845 University Drive. Gora! Springs, Florida 1 (80m 227-3"' VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Musl be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon) D OClober 3. 2006 September 18, 2006 (Noon) [gI August J 5,2006 July 31,2006 (Noon) D October 17, 2006 OClober 2. 2006 (Noon) D Seplember 6, 2006 August ]4,2006 (Noon) D November 8, 2006 October 16.2006 (Noon) D September 19,2006 September 5. 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gI Consent Agenda D Legal D Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDA TION: Approve resolution to authorize the Mayor to sign the contract to accept hazard mitigatioD. fundil}g; from Department of Community Affairs, Division of Emergency Management to cover the 2nd story windows at City'l--lalfwit!l Miami Dade approved hurricane window coverings. 'j -'. EXPLANA TION: The City of Boynton Beach has been awarded $ 137,336.00 through the Hazard Mitigation GrlHlt , '. Program to provide permanent window coverings for the remaining 4 I -second story window openings not already'p'i'otected: with these permanent window coverings. Since these coverings are permanently attached, their benefit will remain-mtact fill::; many years to come (projected life of 15 years). ' , . 0' PROGRAM IMPACT: Loss of these critical city infrastructure facilities due to wind and water damage secondaQ;to tI~;:;; breaching of these windows would not only cause increased human suffering, but potential loss of equipment and'StrucMqf; damage in millions of dollars. The projected cost of replacement of the City Hall building is estimated at $21,740,000. Tfte value of the contents of the building is approximately $2,246,972. The loss of our only functioning EOC will have an impact on most of our citizens through our inability to effectively operate an efficient command and control system of disaster response. FISCAL IMPACT: Total project cost is estimated at $183,115.00 forthe purchase and installation 41 Dade County approved hurricane barriers. The matching portion from the City of Boynton Beach would be approximately $45,779.00 and is included in the FY2005-2006 Capital Improvements Program budget, account number 302-4101-580-620 I. ALTERNATIVES: · Not enter into a contract with the Department of Community Affairs and fund the wind retrofit project without grant dollars. \ 7 /J Lm C;ty H,n . dow, w;thoot horrk"", pm",Uoo. ~ CIty Manager's Signature /? h~/ ./ Assistant to City Manager ~ Fire Rescue Department Department Name City Attorney / Finance S\BULLETTN\FORMSIAGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO. R06- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING EXECUTION OF THE 6 FEDERALLY FUNDED SUBGRANT AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND THE 8 STATE OF FI~ORIDA, DIVISION OF EMERGENCY 9 MANAGEMENT FOR THE INSTALLATION OF 10 PERMANENT HURRICANE WINDOW COVERINGS FOR 11 THE REMAINING 41 SECOND STORY WINDOW 12 OPENINGS AT CITY HALL; PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City Of Boynton Beach has been awarded $137,336.00 through the 16 Hazard Mitigation Grant Program to provide permanent window coverings for the remaining 41 17 second story windows not already protected with permanent window coverings; and 18 WHEREAS, staff is recommending that the Federally Funded Sub grant Agreement be 19 approved for execution by the Mayor and City Clerk in order for the City of Boynton Beach to 20 receive $137,336.00 through the Hazard Mitigation Grant Program to provide permanent window 21 coverings for the remaining 41 second story windows not already protected with permanent 22 window coverings. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 eing true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes and 27 ereof. 28 29 irects the execution by the Mayor and City Clerk ofthe Federally Funded Subgrant Agreement :ICAIRESOlAgreemenls\Grants\Grant Agreement. DCA -remaining windows.doc 1 between the City of Boynton Beach, Florida and the State of Florida, Division of Emergency 2 Management to receive the $137,336.00 through the Hazard Mitigation Grant Program to provide 3 permanent window coverings for the remaining 41 second story windows not already protected 4 with permanent window coverings, a copy of which is attached hereto as Exhibit "A". 5 Section 3. This Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of August, 2006. 7 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Carl McKoy 16 17 18 Commissioner - Robert Ensler 19 20 21 Commissioner - Mack McCray 22 23 24 Commissioner - Muir C. Ferguson 25 ATTEST: 26 27 28 City Clerk 29 30 31 (Corporate Seal) 32 33 S:\CAIRESOlAgreementsIGrantsIGrant Agreement. DCA -remaining windows.doc STATE Of: FLORIDA DIVISION OF EMERGENCY MANAGEMENT "State Emergency Response Team" W. CRAIG FUGATE Director JEB BUSH Governor July 19. 2006 Mr. James Ness, Deputy Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: FEMA Project Number 1545-74-R City of Boynton Beach, City Hall, Wind Retrofit Project Dear Mr. Ness: The Division of Emergency Management (OEM) is pleased to inform you that the Federal Emergency Management Agency has approved the obligation of Hazard Mitigation Grant Program funds for the project number(s) listed above. Please note that this is an eligible cost-reimbursement contract, and as such, the recipient must make other funding arrangements to complete this project. However, the recipient may submit periodic requests for payment throughout the project process, consistent with the terms of the contract. Enclosed are four copies of the proposed contract between the City of Boynton Beach and OEM. The official representative, as listed below, will need to sign both the signature page (Page 11) and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form (Page 36). All four (4) copies of the contract should then be sent to the address listed below for full execution no later than ninety (90) days after receipt of this letter for final execution. One fully executed contract will be returned to the City of Boynton Beach for its files. Official Representatives: County: City: Indian Tribe: Water Management District: Non-Profit: Chairman of the Board of Commissioners Mayor Chief or President Chairman Chairman of the Board 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone 8504139969 Suncom 850.2939969 FAX 8504881016 Internet address http//wwwFloridaDisasteroJ.lL LONG TERM RECOVERY OFFICE. 100 SUNPORT LANE. ORLANDO. FLORIDA 32809 Phone 407.8585018 FAX 407.8507501 Mr. James Ness July 19,2006 Page Two If there is an official that is not listed above who is authorized to sign the contracts for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. If you have questions regarding this contract or who is authorized to sign it, please call Susan Jones at 407-856-3264. ~ ResPJt ~ ~aineY, Chief Bureau of Compliance Planning and Support ER: sj/r Enclosures Contract Number: 07HM-4@-1 0-60-02-006 CFDA Number: 97.039 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as "OEM"), and the City of Boynton Beach, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, OEM has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and c. WHEREAS, DEM has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, DEM and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in.accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and DEM shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end January 31 . 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECOROKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register B034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-B?, "Cost Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow OEM or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to DME or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by OEM, with the following exceptions: 1. If any litigation, claim or 'audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained unti/all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall aI/ow access to its records at reasonable times to DEM, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include. but not be limited to, auditors retained by DEM. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by DEM. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide DEM and the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through DEM by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from DEM. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMS Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133. as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and .elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shal! be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghiluse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (t), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to OEM pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to OEM for audits done in accordance 'with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to DEM of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after DEM has notified the Recipient of such non- compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide OEM with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by OEM. (b) Quarterly reports are due to be received by DEM no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 3D, June 3D, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to DEM or are not completed in a manner acceptable to OEM, DEM may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to DEM" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide such additional program updates or information as may be required by OEM. (f) The Recipient shall provide additional reports and information as identified in Attachment F. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors,subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above). monitoring procedures may include, but not be limited to, on-site visits by OEM staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by OEM. In the event that OEM determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by DEM to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, DEM will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold DEM harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of DEM, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against DEM, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of DEM to make any further payment of funds hereunder shall, if DEM so elects, terminate and DEM may, at its option, exercise any of its remedies set forth in Paragraph (11), but DEM may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty. or representation made by the Recipient in this Agreement or any previous Agreement with DEM shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with DEM and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by OEM. (c) If any reports required by this Agreement have not been submitted to DEM or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11 ) REMEDIES. Upon the happening of an Event of Default, then DEM may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinueorrefrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse DEM for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to DEM any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude DEM from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by DEM of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of OEM hereunder, or affect the subsequent exercise of the same right or remedy by DEM for any further or subsequent default by the Recipient. (12) TERMINATION. (a) OEM may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules,laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) DEM may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the eventthat this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to DEM by virtue of any breach of Agreement by the Recipient. OEM may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due OEM from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of OEM contract manager for this Agreement is: 9 Ms. Kathleen Marshall, Planning-Manager Bureau of Recovery and Mitigation Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James Ness, Deputy Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6333 Fax: (561) 742-6334 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the fully executed subcontract must be forwarded to DEM within ten (10) days of execution. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms ofthis Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (Hi) the subcontractor shall hold DEM and Recipient hanTIless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (15) TERMS AND CONDITIONS This Agreement contains all the tenTIs and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto. the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work 10 Attachment B - Program Statutes and Regulations Attachment C - Statement of Assurances Attachment D - Request for Reimbursement Attachment E - Justification of Advance Attachment F - Quarterly Report Form Attachment G - Copyright, Patent, and Trademark Attachment H - Warranties and Representations Attachment I - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (17) FUNDING/CONSIDERA TION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $141,998.00 subject to the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up documentation evidencing all such administrative costs. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of DEM under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMS Circulars A-8?, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E wifl specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. 11 If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of OEM to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from OEM. (18) REPAYMENTS All refunds or repayments to be made to OEM under this Agreement are to be made payable to the order of uDivision of Emergency Management", and mailed directly to the Department of Community Affairs at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to DEM for collection, OEM must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., OEM shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in OEM paying interest at a rate as establishedpursuantto Section 55.03( 1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting- the Veneor Ombudsman at (850)488~29240r by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to DEM request, or in any submission or response to fulfilf the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of OEM and with 12 thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of DEM from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in confliCt with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to DEM under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor. or consultant under contract with any public entity, and may not transact business with any public entity. n (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to OEM (byemail or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment I) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must beTeceivedby OEM prior to the Recipient entering into a contract with any prospective subcontractor. (I) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 0) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 14 (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Division of Emergency Management reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to OEM or be applied against OEM's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN)). DEM shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by OEM. (21) LOBBYING PROHIBITION (a) No funds or other resources received from OEM in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of aMember of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 15 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK The Recipient shall comply with Copyright, Patent and Trademark incorporated as Attachment G. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its goveming body has authorized,' by resolutioh or otherwise, theexacution and acceptance'ofthisuAgreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 16 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: CITY OF BOYNTON BEACH BY: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Name and Title: W. Craig Fugate. Director Date: ExmBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $141,998.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient Attachment A Budget and Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, the City of Boynton Beach, will wind retrofit the City Hall Building located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, by purchasing and installing Exeter storm shield hurricane barriers forty one (41) window openings. If deemed necessary, wind protection will be provided on any other openings such as skylights, vents, louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code or Miami-Dade Specifications. All materials will be certified to meet the wind and impact standards of the current local codes. The local municipal or county building department will inspect and certify installation according to the manufacture specification. This is FEMA project 1545-74-R, funded under 1545-DR-FL. The Period of Performance for this project ends on January 31, 2009. Schedule of Work State Contracting: Prepare Competitive Bid Process for Purchase and Installation: Award of Purchase and Installation Contract: Verify Field Dimensions for Fabrication and Engineering Review: Site Specific Engineering Submittal and Order Materials: Company Fabricates, Obtain Permits, Recv. Materials: Installation: Punch-Out and Final Inspection: Submit Project Close Out: Submit Reimbursement Request: Unpredictable Weather: Total Period of Performance: Line Item Bud~et* Project Cost $118,497.00 $ 44,214.00 $ 20.404.00 $183,115.00 $ 0.00 $183,115.00 Materials: Installation: Fees Including Permits, Insurance and Bonds, and Freights: Sub-total: Administrative Cost: Total: 3 Months 1 Month 6 Months 6 Months 6 Months 1 Month 5 Days 4 Months 3 Months 14 Days 14 Days 3 Months 34 Months 3 Days Federal Share $ 88,873.00 $ 33,160.00 $ 15,303.00 $137,336.00 $ 4.662.00 $141,998;00 Local Share $29,624.00 $11,031.00 $ 5.101.00 $45,779.00 $ 0.00 $45,779.00 * Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Fundin~ Summary Federal Share: Local Share: Total Project Cost: $137,336.00 (75%) $ 45.779.00 (25%) $183,115.00 (100%) Recipient Administrative Allowance up to $4,662.00. The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or man made disaster. The funding provided by the Division of Emergency Management (OEM) under this subgrant is only intended to pay for the materials and labor for the installation of storm shutters and/or other hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by OEM in no way confers or implies any warranty of use or suitability for the modifications made or installed. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated as meeting the standards of the Department of Homeland Security, Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-0esign and Construction for Community Shelter. It is understood and agreed by OEM and the Recipient thatthe building has vulnerabilities due to age, design and location which may result in damage to the building even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood and agreed by OEM and the Recipient that this mitigation project is not intended to make the building useable as a shelter for the Recipient's staff or any other citizens in the event of any natural or man-made disaster. )3/2412006 FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANTS PROGRAM Obligation Report wi SignatureS HMGP-OB-02 16:17 Disaster FEMA ~o pro;ect No Amendment State No Application 10 Action Supplemental No No state Grantee 1545 o 37 n FL statewide 74-R project TItle : CITY OF BOYNTON BEACH, PALM BEACH COUNTY, CITY HALL WIND RETROFIT S ubgrantee: Boynton Beach subgrantee FIPS Code: 099-07B75 Total Amount Previously Allocated Total Amount PrevioUSly ObrlQated T ota! Amount Pending Obligation Total Amount Available for New Obligation $137,336 $137,336 $0 $0 Project Amount Grantee Admin Est Subgrantee Admin Est Total Obligation IFMlS Date IFMIS Status FY $137,336 $710 $4,662 $142,708 0312412006 Accept 2006 Comments Date: 03l24f2006 User Id: DVANOEW1 Comment HMO approves obligation Date: 0312412006 User ld: RMEADOR 1 comment MA approves obligation Authorization Prepater Name: REUBEN MEADOR preparation Date: 03/2412006 HMO Authorization Date: 0312412006 HMO Authorization Name: DAVID VANDEWATER SlidinQ Scale Percentaoe: up to up to uo to $100,000 $1,000,000 S5,OOO,000.00 3.00% 2.00% 1.00% 03/2412006 'jc.~7 FEDERAL EIIERGENCYMANAGEMENT AGENCY HAZARD-MITIGATION GRANlS.PROGRAM Obligation Report wi Signatures HMGP-OB-02 .ster FEMA Amendment State Action Supplemental No Project No No Application JO No No State 1545 74-R 0 37 73 FL Statewide Grantee Subgrantee: Boynton Beach Subgrantee FJPS Code: 099-07875 Admin Calculation Admin Cost Calculation: Sliding Scale Project Title : CITY OF BOYNTON BEACH. PAlM BEACH COUNTY, CITY HALL WIND RETROFIT Calculation Percentage: NlA Justification: Fi-~, M (: 6. . Dl~- Authorizing Official Tille ~ -2~r-t?L Authorization Date Authorizing Official Signature Authorizing Official Tille Authorization Date $lidino Scale Percentaoe: up to up to $100,000 $1,000,000 3.00<'k 2.00% """ nnn non no 1.00% 031 L Tr2006 8:58 AM FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MmGATlON GRANT PROGRAM projectMana~entReport HMGP.P,P-Ol 1545 FEMA project Number 74-R Amendment App ID Number o 37 State Grantee Disaster Number FL statewide subgrantee: Boynton Beach FIPS Code: 09S-07875 Project Title : CITY OF BOYNTON BEACH. PALM BEACH COUNTY. CITY HALL - WIND MltiQation Project Description Amendment Status : Approved Approval Status: Approved Project Title: CITY OF BOYNTON BEACH. PALM BEACH COUNTY. CITY HALL - WIND I subgrantee: Boynton Beach Grantee: statewide Subgrantee County Name: Palm Beach Subgrantee County Code: 99 Subgrantee Place Name: Boynton Beach Subgrantee Place Code: 7875 Grantee County Name: Palm Beach Grantee County Code: 99 Grantee Place Name: Boynton Beach Grantee Place Code: 0 Project CloseOut Date: OQIOOIOOOO Due Date Revised Date Completion Date II 00J(lQI0000 n ()()IOOJOOOO I r O(WOJOOOO If OQIDOIOOOO 1\ O()IOOIOOOO II OO/DOIOOOO I Ir OQIDMlOOO'. II, ,OQIOQIOOOO ] I OM)M)OOO J K ,QQIOMlOOO.,I[ OMlMlOOOtf. oQIOOiDOllO I Jl OOJOQIOODO iLOQIOOIOOOO n 0QI0Ml000 J 11 0QI00t'D000 If OOIOOIODOO n OMXWOOO I )1 DQlOOIooOO If €D'OO/OOOO II oMXWooo I It 00/0Ml000 If DQIOMlODO II 'OQIO[iIOOOO I II OQIODIDOOO II', OQIDDIOOOO Jl OQIOOIOOOO l II OQIOM)OOO t[ OOJOOIODQO It . 00J0Mxx)0 J Jl 0Ml0I0000 If OQ,IOO'OOOOJ I OOJO()JOOOO J ^ Schedule Status Amen!j I- Desc;[\ption Tune Frame @]~ COW'ETmVE BI> PROCESS FOR ""1~ MYS @]~ OF PURCHASE AND INSTALlATION ~~ DAYS @]~ FIELD--- FOR FABRICA1loNf.. MYS @J~ SPEClAC ENGINEERING SUBMITTAl-AND ~~80 DAYS @]fANYFABRICATES>oorARl PERMJIS. J<ECj~MYS @J~TALLATION ~~ DAYS @]~ """ FINAL INSPECTION .I1i1, DAYS @]~UBMIT PROJECT CLOSE OUT !~.. DAYS 0~...-r ~"MENf IlEQLEST ~ ",",VB @][A&EWEAllER ~MYS @]_TATE CONTRACTING l~ DAYS ApprovedAmounts Total Approved Net Eligible $183.113 [ Federal Total AppJOVed Share Percent Federal Share Amount 75.0000000Dq [ $137.~ l Non-Federal TotalApprt>ved Share Percent Non-Fed Share Amount 25.~ ! $45,77~ 21 A IFMIS Submission Date Date FY 03f22f2006 0312212006 2006 ES Support ReqlD 805256 ES Amend Proi AIloc Amount Grantee -~ Total Nunlber Fed Share Admin Amount Admin Amount AIIoc Amount 18 [ $t37.~ ! S71Q[ S4.~r $142.7~ Total l $137 .3~ I $71q! $4.~[ $142.70~ Allocations Allocation IFMIS "'lumber Status $137.~ r $71~ [ $4.66~ ! Total Obligated Amount $142.70~ ObliGations Action IFMIS IFMIS Submission Nr Status Date Date FY A 03t24l2006 03/2412006 2006 ES Support ES Amend Suppl Project Ob6gated Grantee Admin Req tD Number Nr Amt - Fed Share Amount subgrantee Admin Amount 906412 73 73 'f2006 \A FEDERAL EMER<r"....NCY MANAGEMENT AGENCY HAZARD MmGATION GRANT PROGRAM HMGP-EV-01 Environmental Report 1545 FEMA Project Number 74.R Amendment Number ApplD State Grantee Disaster Number o 37 FL statewide Subgrantee: Boynton Beach FIPS Code: 099-07875 FEMA LawslEOs Project TItle: CITY OF BOYNTON BEACH. PALM BEACH COUNTY. CITY HALL - WIND LawslEOs Coastal Barriers Resources Act (CBRA) Status Completed Clean Water Act (CWA) Completed Coastal Zone Management Act (CZMA) Completed Endangered Species Act (ESA) Completed ind Wildlife Coordination Ad. (FWCA) Completed National Historic Preservation Ad. (NHPA) Completed Clean Nr Ad. (eM) Completed E. 0 .11988: Floodplains Completed E.O. 11990: Wetlands Completed E.O. 12898: Environ~ental Justice for Low Income and Minority populations Completed FEMA NEPA Process l\A status ~x - Completed , 1 CATEX Type Code if an extraordinary circ:umsUmCe e::risu anti leads to a significant emrironmental impact (see 44CFR ]0.8 (d) (3)). an brviro1!-Assesment shall be prepared. o No Extraordinary Circumstances Requiring an EA. Documentation Complete 0311812006 15. Repair, replace, restore, retrofit, upgrade to current codes and standards, Dr replace a fac:irrty (xv) 712006 FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MmGATION GRANT PROGRAM HMGP-EV-01 8:57 AM Environmental Report 1545 FEMA Project Number 74-R Amendment Number ApplD State Grantee Disaster Number o 37 FL statewide Sub grantee: Boynton Beach FIPS Code: ~7875 Project Title : CITY OF BOYNTON BEACH, PALM BEACH COUNTY, CITY HAU - WIND Standard Conditions 1_ Any change to the approved scope of woric wiD require re-evaluation for compflance with NEPA and other Laws and ExeaJtiye Orders. 2. This review doeS not address aD federal. stale and local requirements. Acceptance of federal ,funding requires recipient to comply with all federal, state and loCal laws. Failure to obtain al appropriaie federal, state and local erMronmentaI permits and clearances may jeopartflZe federal funding. 3. If ground disturbinS activities ocCw' during construction, applicant wit monitor ground disturbance and if any potential arc;heoIogicaI resources are discovered. wit immediately cease construction in that area and notify the Stale and FEw.. Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Reliefand Emergency Assistance Act; (2) 44 CFR Parts 7, 9,10,13,14,17,18,25,206,220, and 221, and any other applicable FEMA policy memoranqa and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Long-term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statues and regulations, the Recipient must comply with the following: The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of thisAgreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as. a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions. which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project: 1. The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreationaf, or wetlands management practices; 2. No new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or 3. A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; 4. After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and 5. If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Intemal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be cornpleted prior to funding Phase II. As a reminder, the Recipient must obtain prior approval from the State, bElfore implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments: 1. For construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" {44 CFR 13 (c)); 2. A change inthe scope of work must be approved by FEMA in advance regardless of the budget'implications; and 3. The Recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA 60 days prior to the project expiration date. (d) (e) Attachment C Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) (b) It possesses legal authority to enter into this agreement, and to execute the proposed program; Its governing body has duly adopted or passed as an offICial act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, andno Resident Commissioner, shall be admitted to any share or part of this agreement or to. any benefit to arise from the same. No member, officer, or employee of the Recipient or its design~e~ or~gents, no member of the governing body of the locality in which the program is situated,. arid no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure odor one year thereafter, shall have any. interest direct.or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incprporate.or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purPose state above; All Recipientcontracts for which the State Legislature is in any part a funding source; shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice ()fl)uspension oUunQing was received by the Recipient. Any cost incurred after a notiSe, of suspension or,termination is received by the Recipient may not be funded with funds,provided under this Agreement unless previously approved in writing by OEM. All Recipient contracts shall contaIn provisions for termination for cause or convenience and shall provide for the method of payment in such event; It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S;C, Section 201 etseq., requiring that covered employees be paid at least the minimumprescriOOd wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975. as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 ofthe Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086. and the regulations issued pursuant thereto. which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other forms of compensation; and election for training and apprenticeship; (g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.S.C. Section1?101 et seq.), where applicable, which prohibits discrimination by public and private entities on the ba$is of disability in the areas of employment, public accommodations, transportation. State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employe~s from using positions fora purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C.Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; U) It will comply withttle provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 use 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant,guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (I) It will require every building or facility (other than a privately owned residential structure) desigiied,~corisrr'Ucteo,^6r alte"redWithfunds'providectunder this Agreement to comply with the "Uniform FederalAtcessability Standards," (AS) which is Appendix A to 41 CFRSection 101- 19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800. and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (5) Recipient agrees to notify FEMA and DEM if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavatiQf1forfootingsand foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks).exceptwh~~ethese activities are restricted solely to areas previously disturbed by the Installation, replacement or maintenance of such utilities. FEMA wi/{ request~he8HPO's opinion on the potentiaHhatarcheological properties may be presen.t.and be affected by such activities; The,SHPO will advise Recipient onanyf~si/:)Ie steps ,to be accomplished to. avoid any ,National, Register eligible :archeor6gicalproperty or will make recommendations for the development of a, treatment plari for the recovery of archeological data from the property. WRe'Cipient-is"unable-to-avoid.theareheologica1propeliy,develop,ineoDsultation. with the SHPO, a treatment plan consistent with the GtddeJioes cmdtC:ll<~ into account the Advisory Council on Historic Preservation CGouricil) publication "Treatment of Archeological Properties". Recipient shall forWard information regarding the treatment plan to FEMA. the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan,FEM,A may direct Recipient to implement the treatment plan. If . either the Gouncil or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify DEM and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of aU changes to a project that may result ioa supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- 1683 and 1685 _ 1686) which prohibits discrimination on the basis of sex; (0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968,42 U.S.C. 2000c and 423601-3619, as amended, relating to non-discrimination in the sale, rental, or fin~ncing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.G. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 Us.e 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; un (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regardihg non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) (hh) It will comply with the Coastal Barrier Resources Act of 1977,16 U.S.C. 3510; II will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition ac;tivities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of alf qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Depa~ent. 4. Provide documentation ofthe-inspectioorestlltsforeach' structure to 'indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify DEM promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 11 . Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION GRANT PROGRAM FUNDS RECIPIENT NAME: City of Bovnton Beach ADDRESS: CITY, STATE, ZIP CODE: PAYMENT No: . DEM Agreement No: 07HM-4@-10-60-02-006 MA T k' N b 154574 R FE rac Ina urn ers: - - Eligible Obligated Obligated Previous Current DEM Use Only Amount Federal Non-Federal 100% 75% 25% Payments Request Approved Comments TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DEM agreement and payment is due and. has not been previously requested for these amounts. . RECIPIENT SIGNATURE NAME AND TrrLE DATE: TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 29 DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant: City of Boynton Beach Disaster No. 1545 OEM Agreement No. 07HM-4@-1 0':'60-02-006 FEMA Tracking # 1545-74-R Applicant's Date of delivery DOCUMENTATION Applicant's Reference No, of articles, List Documentation {Applicant's payroll, material out of Eligible Costs (Warrant, Voucher, completion of applicant's stock, applicant owned equipment and, name of 100% Claim Check, or work or vendor or contractor) by category and line item in the Schedule No.) performance approved project application and give a brief description of services. the articles or services. TOTAL ._~ Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216. 181(16)(a)(b), Florida Statutes. The amountwhich may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ } NO ADVANCE REQUESTED [ } ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. , These,funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet. DESCRIPTION (A) FFY 2004 (B) FFY 2005 (C) FFY 2006 (D) Total 1 2 3 MAXIMUM ADVANCE ALLOWED CALULA TION: x $ Cell 03 HMGP Award (Do not include match) = MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ 1 Recipient has no previous HMGP contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. 1 Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below.. Attach additional pages if needed. [ 31 ESTIMATED EXPENSES I 2006-2007 Anticipated Expenditures for First Three Months of BUDGET CATEGORY Contract ADMINISTRATIVE COSTS PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM RECIPIENT: Citv of Bovnton Beach Project Number # 1545-74-R PROJECT LOCATION: Wind Retrofit DEM ID #: 07HM-4@-10-60-02-006 QUARTER ENDING: DISASTER NUMBER: FEMA-1545-DR-FL Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July-Sep,200_$ July-Sep, 200_$ Oct-Dec,200_$ Oct-Dec, 200_$ Jan-Mar,2oo_$_ Apr-June, 200_$_ Jan-Mar, 200_$ Ap~June,200_$_ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [ J Yes [] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [] Cost Unchanged [] Under Budget [ ] Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (OEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DEM as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form Attachment G Copyright, Patent and Trademark ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain a/lrights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. If any discovery or invention arises or is developed in the course of or as a result.of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division of Emergency Management (DEM) for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify DEM. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. Within thirty (30) days of execution of this Agreement, the Recipien! shall disdoseall intellectual properties relevant to the performance of this Agreement which he or sheknow~()rshould know could give rise to a patent or copyright. The Recipient shall retain all rights and. entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. DEM shall then, under Paragraph (b). have the right to all patents and copyrights which occur during performance of the Agreement. Attachment H Warranties and Representations Financial ManaQement Contractor's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities covered by this contract. These records shall contain information pertain!ng to grant awards, authorizations, 'obligations, un-obligated balances, assets, outlays, income and interest. (3) Written procedures for determining the reasonableness, allocability and allowabifity of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (4) Accounting records, including cost accounting records that are. supported by source documentation. Competition All procurement transactions shall. be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Contractor shall be alert to conflicts of interest as well as noncompetitive prac, tices a, mong, s" .Ub-"., co,'.nti-,actors that ,may, restrict or elimin, ate competition or othelWise re, strain trade. In order to ensure objedives6b-contractor performance and' eliminate unfair competitive advantage, ~ub- contrac~ors that develop ordraft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be exCluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Contractor, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Contractor. Any and all bids or offers may be rejected when it is in the Contractor's interest to do so. Codes of Conduct The Contractor shall maintain written standards of conductgoveming the performance of its employees engaged in the award and administration of sub-contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a sub-contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is aboLit f6erTlployanyonhe parties indicated hereih,l1as afinahcial'orotherinterestinth-e firm selected for an award. The officers, employees; and agents of the Contractor shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Contractor. Licensino and Permittino All subcontractors or employees hired by the Contractor shall have all current licenses and permits required for all of the particular work for which they are hired by the Contractor. Attachment I Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contractor Covered Transactions: 1. The prospective contractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Recipient's Name Contractor By: Signature DEM Contract Number Name and Title Street Address City, State, Zip Date VI.-CONSENT AGENDA ITEM C.6. ccr) 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 Meetinl! Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) t2l August IS, 2006 July31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September S, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM t2l Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION' Amend paragraph (d) (2) under "General policies" in Resoiution No. 05-012, regarding Grant Funding policies, to read as follows: "City staff should consider whether vo/unJary organizations should be encouraged to seek lunding from a range ot sourees, recognizjng that such encouragement may in differenl circumsJances constitute an unreasonable burden. Where malching funding is required, staff shoutd consider the economic value of voiunteering and 01 community activny and self hetp. The City slaff and the City Commission should be carefut to avoid doubie funding. In any case n shaJi be the oIic of the Cit of Bo nton Beach thai no more than 20 ereent of an rant issued b the cn ma be used for administrative ex enses and no more than 40 ercent of an rant ma be used for direct Qersonnel expenses. " EXPLANATION' Members of the City Commission have expressed concern over the fact that the Community Development Block Grant Program (CDBG) perm" sub-grantees to use up to 100 percent of their grant to fund staff salaries and/or other administrative expenses. City Commission members have alSO expressed a desire to see more of the funds used for program activities as well as allowing for other organizations to receive funding. Accordingly, staff has been directed to prepare amendatory language to the Grant Funding policies. PROGRAM IMP ACT' Adoption of this or similar language would make the City of Boynton Beach the only CDBG ent"lement community in this area to place these kinds of restrictions on the use of federai grant funds that have not been mandated by the Federai Government itself. While restricting the amount of the grant that sub-grantees can use for personnel andlor administration may force some organizations to look elsewhere for such funding, these restrictions will likely deter other community based social service organizations from applying for funding or force them to relocate outside of the Cily. This is due to the fact that, for several local sub-recipients, funding the full salaries of key personnel from the CDBG grant is essential to their ability to conduct program activities. FISCAL IMPACT: N/ A S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Cf(~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TlVES: Make no change in funding policies at this time. D~";11~!1R City Manager's Signature Assistant to City Manager _~ (~ Department of DeveJopment City Attorney / Finance S:IBUllETlNlFORMSIAGENDA ITEM REQUEST FORM DOC 1 2 RESOLUTION NO. R06- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA AMENDING 7 RESOLUTION 05-012 TO EST ABLISH AND 8 ANNOUNCE A POLICY LIMITING USE OF GRANT 9 FUNDS FOR ADMINISTRATIVE AND PERSONNEL 10 EXPENSES; PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City Commission of the City of Boynton Beach has reviewed 14 the grant funding policies establish by City Resolution 05-012 and has determined that it is 15 good policy and in the best interest of the City to limit the percentage of grant funds that can 16 be used by a grant recipient for administrative expenses and for personnel expenses. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. Each Whereas clause set forth above IS true and correct and 20 incorporated herein by this reference. 21 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 22 amends "General Policies" Paragraph (d)(2) of City Resolution 05-012 as follows: 23 "City staff should consider whether voluntary organizations should be encouraged to 24 seek funding from a range of sources, recognizing that such encouragement may in different 25 circumstances constitute an unreasonable burden. Where matching funding is required, staff 26 should consider the economic value of volunteering and of community activity and self help. 27 The City staff and the City Commission should be careful to avoid double funding. In any 28 case, it shall be the policy of the City of Boynton Beach that no more than 20 percent of any 29 grant issued by the City may be used for administrative expenses and no more than 40 percent C\Documents and Setlings\jonese\local Setlings\Temporary Internet Files\OlK4\amending 05-012 grant policies.doc of any grant may be used for direct personnel expenses." 2 Section 3. That this Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _'_~ day of August, 2006. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor - Carl McKoy Commissioner- Robert Ensler Commissioner - Mack McCray ATTEST: Commissioner - Muir C. Ferguson City Clerk (Corporate Seal) C:\Documents and Settings\jonesell.ocal Settings\Temporary Internet Files'.oLK4\amending 05.012 grant policies.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 RESOLUTION NO. 05- 0 l~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING GRANT FUNDING POLICIES; PROVIDING AN EFFECTIVE DATE. ; WHEREAS, the City Commission of the City of Boynton Beach desires to create ~olicies governing all grants which are awarded by the City to outside individuals and : ~rganizations; and I : t : WHEREAS, the City Commission intends for the following policies to cover all ~nstances when the City Commission approves distribution of public funds to individuals or other ~gal entities, with the exception of distribution of Community Investment Funds by the City iommission which are regulated by the procedures set forth in Resolution R03-13 7. WHEREAS, the grant funding policies adopted by the City should clearly indicate that are intended to be supplemental and subordinate to federal regulations as they pertain to the DBG program funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 25 ITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section t. The foregoing whereas clauses are true and correct and are now ratified and 27 onfirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 29 pproves and adopts the following Grant Funding Policies: 30 GRANT FUNDING POLICIES 31 ntent 32 It is the intent of the City Commission by adopting the following polices that the City 33 mplement grant application. evaluation, letting, and monitoring procedures that: 34 (a) Establish a process for announcing the availability of grant funds, the purposes for :\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc /9/2005 Page 1 of9 19 20 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 (i) (j) (k) which they can be used, and the procedures for making application for those funds. (b) Encourage eligible individuals and organizations to seek appropriate funding from the City. 18 (c) (d) Provide n level playing field for consistent information to grant applicants. Require full documentation of the process from time of announcement to time of completion of the project funded by a City grant. (e) Require transparency of the grant decision making process so that it is clear why some applicants are successful in obtaining grant funding and why others are not. Require objective decision making on the part of City staff involved in the grant application evaluation process. (f) (g) Describe the role of the City Commission in authorizing project or social service funding with public funds. (h) Insure that limitations or conditions on the use of public funds obtained by applicants through the City's grant letting process are consistent with state and federal rules and regulations. Establish accountability by all individuals involved in grant funding. Describe the responsibilities of the City staff in monitoring the use of grant funds. Require the City staff to maintain accurate grant records and provide for reports to the City Commission the use and availability of funds. 21 The foregoing objectives, and the following policies should be viewed as supplemental 22 and subordinate to state and/or federal regulations pertaining to CDBG funds. In the event 23 of a conflict between what is required by state or federal regulation and what is required 24 by theses policies, state and federal regulations control. 25 oles and Responsibilities 26 City Commission- The City Commission shall be responsible for: 27 28 29 30 (a) (b) Establishing by resolution general policies to ensure accountability for the use of public dollars obtained through grant programs regardless of the source of funds. Appropriate funds in the City's annual budget to provide funds or matching funds for projects or services which benefit the community. 31 (c) Appropriate funds in the City's annual budget for administrative costs necessary :\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc /9/2005 Page 2 of9 2 3 (d) to manage the City's grant programs. Review and act on recommendation from the City's professional staff on issues regarding grant administration and distribution. 4 Staff- The City's staffis responsible for: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (a) Gathering information of the availability of County, State, Federal, or private grant opportunities and report that information to the City Manager and the City Commission. (b) Day to day administration of the City's grant programs, including, but not limited to, promoting grant programs, education regarding the grant application process, application assistance, evaluation of applicants, recommendation of funding awards, management of grant funds consistent with state and federal rules and regulations, monitoring of grant contracts, preparation of reporting documents, interfacing with regulatory personnel from other agencies, and periodically reporting to the City Commission the status of programs funded through the City's grant program. (c) (d) Maintaining and report the availability of funds. (e) (f) Maintaining accurate and current information on the expenditure of all grant dollars, the status of pending grants, and grant monitoring. Processing requests for public records in cooperation with the City Clerk. Providing, through the City Manager, information requested by City Commissioners. (g) Developing a grant infoffilation system. which is accessible through the City's web page. The information provided shall include a summary of questions asked by grant applicants and answers provided by City staff. 25 City Manager- The City Mmanager is responsible for: 26 27 28 29 30 (a) (b) (c) Oversight of the City staff. Designating or appointing City staff to administer the City's grant programs. Requesting, in his/her annual budget, funds to provide grant opportunities and for grant administration. Coordinating his/her staff's periodic reports to the City Commission. 31 City Attorney-The City Attorney is responsible for: (d) :\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc 19/2005 Page 3 of9 2 Advising the City Manger, City staff and City Commission on issues of law that impact the City's grant program or grant agreements. (a) Reviewing and approving all forms used in the grant application process. (b) (c) Preparing agreements with grant recipients. 3 4 5 General policies 6 (a) Access to funding 7 8 9 10 II 12 13 (1) The City staff should will announce and publish all funding opportunities, through public announcements, postings, explanatory leaflets, targeted mailing to local organizations, press releases to the media, and other means that might expand the base of applicants who desire to serve the community through the use of public funds. This is particularly important where a funding opportunity is available for the first time, during annual renewal, or where the terms of funding are revised. 14 ]5 16 ]7 ]8 ]9 20 (2) Interested parties should be able to find out easily what the funds are available and what those funds will and will not support; key conditions of funding; exclusions; the likely scale of competition for funds; any upper or lower limits on grant size; how to apply for a grant; how the applications will be handled; and how long it will take to reach a decision. Each enquirer should be provided with a clear funding timetable that sets out the City's calendar of key deadlines in the funding process. Information should be disseminated early enough to allow time for applications to be prepared, taking into account the circumstances of potential applicants. City staff should act in the role of facilitator of the application process, not as a gatelreeper. Each enquirer should be treated as an equal in the application process. 21 22 23 24 25 (3) 26 27 28 29 30 3] (4) Funding application forms and accompanying instructions should be clear and user-friendly and any additional documentation required should be specified. Where application forms are not used, guidance notes or a simple information checklist should be provided. Examples of previous forms which resulting in funding should be provided to interested parties to illustrate the content of a successful application. 32 (5) City staff should consider whether speeial steps are required to ensure fair 33 and equal access to information and funding consistent with applicable 34 State , County, and Federal re~ulations. across geographieal areas; for 35 ethnic or racial minority groups; for groups from different religiolls and 36 culhlral backgrounds; for disadvantaged groups; and for those with special :\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc /9/2005 Page 4 of9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (b) (4) (5) (6) needs whom the City partiel:llarly wishes to reach. The City Manager should establish oversight procedures to monitor the effectiveness of this approach. The City Commission, following a recommendation from City staff, should consider whether they can produce bilingual information and forms and be prepared to assist non-English speaking applicants to complete the City's applications The City staff should maintain a list of the name, address and telephone number of all individuals who make inquiry regarding funding opportunities and a procedure for follow up with those individuals should be developed as a means of measuring the success of City's procedures. The success of the City's funding procedures should be measure not only by those who are successful in the funding process, but also by understanding why those who sought funding and were not able to obtain funding failed. (7) Processing grant applications (1) Timetables and procedures for processing applications should be set and publicized, with particular emphasis on deadlines and the reason for them. (2) The City staff should identify clearly the information that they wish to collect and how that information will be used in the decision-making process. Information concerning the applicant's objectives; experience of related work; the purpose and expected outcome of the work to be funded; financial competence; and current financial position should be completely documented and verified. Documentation of this information is critical to evaluating and verifying the effectiveness of the decision-making process. Completed grant applications should be acknowledged on receipt. When a grant applicant is reviewed and it is determined that necessary information is lacking, the applicant shall be contacted personally and advised of the deficiencies. Except for CDBG grants. which have a more specific filing process and special checklist sYstem. +!he deadlines timetable for processing .fer applications should be set to allow one short period of time for correction or supplementation prior to the final submission deadline. (3) Applicants should be made aware of suitable sources of advice and help with their applications. City staff should conduct at least one (1) technical assistance workshop in advance of the al'plication deadline. The City should maintain a list of the name, address and telephone number :\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc 19/2005 Page 5 of9 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 of all applicants as well as the time and date of filing. The City staff should develop a procedure for follow up with those individuals should be developed as a means of measuring the success of City's procedures. The success of the City's funding procedures should be measure not only by those who are successful in the funding process, but also by understanding why those who sought funding and were not able to obtain funding failed. (c) Decision-making (1) The City staff should have clear written criteria for making grant decisions. The City Commission should be advised of the proposed criteria prior to it being announced to the public or incorporated in application documents or grant agreements. (2) The criteria for approving or rejecting an applicant should be objective and not subjective. These should cover the extent of any delegated authority, the timetable, the criteria for approval, and any training or special expertise required for the decision-making process. (3) Staff evaluators and their supervisors shall consider whether arrangements should be made to avoid any appearance of improper conflict of interest arising for those involved in decision- making. (4) Applicants should be notified of decisions as soon as possible. (5) For successful applications, where funding is requested for a specific period (eg a financial year), it may be helpful to give a provisional indication of the grant as far in advance of the start of the period as possible, but a definite figure should be confirmed not later than the start of the period. (6) City staff shall write to all unsuccessful applicants to give the principal reasons for a refusal to make a grant. (d) Selecting whom to fund (1) Applications should be judged on substance rather than presentation, except to the extent that presentation is material. (2) City staff should consider whether voluntary organizations should be encouraged to seek funding from a range of sources, recognizing that such encouragement may in different circumstances constitute a reasonable challenge or an unreasonable burden. Where matching funding is required, staff should consider the economic value of volunteering and of community activity and self-help. The City staff and City Commission :\CA\RESO\Granls\Revised Grant Funding ProceduresKBRev.doc /9/2005 I. Page 6 of9 2 3 : , I 4 ' ! 1\ 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 should be careful to aveid-avoid !double funding (3) The City staff should require evidence of a voluntary organization's commitment to equal opportunities in terms of their own personnel policies and the delivery of services to their clients. Ii ! (4) The City staff should consider the extent and nature of the contribution that volunteers and users might make to the proposed activity where this is consonant with wider policy objectives. (5) Following evaluation of applicants by the City staff, the City staff shall forward a recommendation to the City Commission through the City Manager. The recommendation shall contain sufficient justification for the rejection of any application. (6) Final approval of funding is reserved to the City Commission. (e) Payment procedures (1) There should be written confirmation of the grant offer and any conditions before any payment is made. It may also be appropriate to confirm the applicant's acceptance of these conditions. The City Attorney shall review and approve all contracts between the City and an applicant. (2) Grant conditions should clearly state the amount, purpose and duration of the grant; the arrangements for payment; the monitoring and evaluation arrangements which apply; the limitation on the use of the funds, if any, and the circumstances in which funding might be terminated. J3) The City staff should recognize that some orgaNizations cannot fun~tion 'lIithout receiving payments in advance, and should J'Flake suitable arrangements 'Nhcr€! possible. The City staff shoHld also be aware of the problems for grant recipients that may be oaused by departure fr-om any agreed schedule of payments. (f) Monitoring & evaluation (1) Appropriate measures of performance (iei.e. monitoring) and outcome/output (iei.e. evaluation) should be agreed at the outset with all organizations receiving funding. These should conform to clear policy objectives for the overall grant scheme. (2) Monitoring should not become an excessive burden on either the City staff or the grant recipient funded, but should be appropriate to the level and type of funding provided, the nature of service required, and the need to :\CA \RESO\Granls\Revised Grant Funding ProceduresKBRev.doc /9/2005 Page 7 of9 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2 3 4 5 6 7 8 9 10 II 12 13 14 15 (g) (2) ensure proper accountability for the expenditure of public dollars. (3) The City staff should evaluate grant fund expenditure in accordance with these policies, the grant contract documents and applicable county, state, or federal laws and regulations. City grant agreements should require grant recipients to use self- evaluation and periodically report to the City staff the use of funds and level of services provided with those funds. Where appropriate, the City, through inter-local agreement or informal understanding, should act in consort with any other private or public entities supporting a grantee~s activities. (4) The City staff shall request appropriate levels of fmancial information and should require independent verification of accounts, through audit &and or independent examination. (5) The City Attorney shall ensure that all grant agreements contain provisions for terminating funding in the event of unsatisfactory performance or breach of grant conditions. Dissemination (I) The City shall require all grant recipients to disseminate the results of projects or services funded and if necessary should make provision in the grant agreement for dissemination. The City staff should disseminate to the public at least once annually the results of project or services funded with public dollars. Changes to funding (h) (1) (2) (3) Section 3. The City staff should give as much notice as possible of any changes in grant scheme policy or management arrangements. Voluntary organizations should be consulted prior to any changes in their funding position, which arise from evaluations of individual grants. The City staff should ensure that decisions on funding are taken well before arrangements have to be made to terminate a service. Should any section or provision of this Resolution or portion hereof, any 31 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 32 ecision shall not affect the remainder of this Resolution. :\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc /9/2005 Page 8 of9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 15' day of M (l..re h .'~;, ~~;t:'~~'>};;gt': ;;:;~'~I;.l or.'4. . .:i,-....~"..."',.:):tI::~~~",. .,'t_ ...:."~ :.,".. .,--. ..~ . - "":t;;;:~~i~~~ , 2005. CITY OF BOYNTON BEACH, FLORIDA ---~.-=: ~ A=on;_ ~ Commissioner :\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc /9/2005 Page 9 of9 ..,.......~ ~1"!'~''''' / . \.,. ! ,. L (i~\ jv v> ,.f,'\: '-- " ",." " - . 0" < <...' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1\-. VI.-CONSENT AGENDA ITEM C.7. Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17, 2006 (Noon.) D October 3, 2006 September ]8,2006 (Noon) ~ August 15, 2006 July 31, 2006 (Noon) D October 17,2006 October 2,2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5,2006 (Noon) D November 21,2006 November 6, 2006 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve Resolution No. 06-_ authorizing the signing of the Eleventh Amendment to Lease Agreement with Cingular Wireless for reassignment ofIease. The Cingular site located at 300 West Woolbright Road has been identified by Cingular for termination. The City of Boynton Beach is entering into this agreement in order to reinstate the revenue stream. EXPLANATION: The merger ofCingular Wireless with former AT&T Wireless networks created roughly 50,000 wireless sites now under the management of Cingular Wireless. Approximately 8,000 sites are scheduled to be terminated from service, including the site at 300 West Woolbright Road in Boynton Beach. Cingular has provided the City with a notice of termination, consistent with our lease, and the rent income for that site will cease. By entering into the Eleventh Amendment to the Lease Agreement, the City will be included in Cingular's national effort to locate a new tenant for our site within 24 months. Rent income has been temporarily suspended until the site is reassigned and the new tenant resumes payment. Cingular is already in the process of marketing its real estate portfolio and has received great interest from other wireless carriers. Adding the City's site to this portfolio will ensure that our site gets maximum visibility. PROGRAM IMP ACT: Executing the lease amendment will allow Cingular to market our site to the wireless industry for lease to the highest bidder. Upon the completed assignment of our site, the rent income will be reinstated and all of the terms and conditions of the existing agreement will remain in effect. FISCAL IMPACT: Loss of revenue stream due to the termination ofIease with Cingular Wireless. There is no cost associated with allowing Cingular to market the site on the City's behalf. ALTERNATIVES: Not to enter into lease reassignment agreement with Cingular Wireless and market the cellular tower ourselves. ~ I I~ - Department Head's Signature C Manager's SIgnature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE EXECUTION OF THE 6 ELEVENTH AMENDMENT TO THE TOWER SITE 7 LEASE AND JOINT USE AGREEMENT BETWEEN 8 THE CITY OF BOYNTON BEACH AND CINGULAR 9 WIRELESS AND PALM BEACH COUNTY 10 COMMUNICATIONS; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, upon recommendation of staff, the City Commission has determined 14 that it is in the best interests of the residents of the City to execute a eleventh Amendment to 15 the Tower Site Lease and Joint Use Agreement with Cingular Wireless and Palm Beach 16 County Communications; and 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 hereby authorizing execution of the Eleventh Amendment to the Tower Site Lease and Joint 24 Use Agreement with Cingular Wireless and Palm Beach County Communications, attached 25 hereto as Exhibit "A". 26 27 Section 3. This Resolution will become effective immediately upon passage. C:\Documents and SettingsIPrainitoJ\Local Settings\Temporary Internet Files\OLK I 04\ II th Amendment to Tower Site Lease.doc 1 2 PASSED AND ADOPTED this _ day of August, 2006. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Carl McKoy 11 12 13 Commissioner - Robert Ensler 14 15 16 Commissioner - Mack McCray 17 18 19 Commissioner - Muir C. Ferguson 20 ATTEST: 21 22 23 24 City Clerk ~~ 27 (Corporate Seal) 28 C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKI04\1 Ith Amendment to Tower Site Lease.doc I::..~h,btf Ii ~rlf Cell Site: WP44 Lease ID: N001297 Address: 300 West Woolbright Road, Palm Beach, FL 33435 ELEVENTH AMENDMENT TO LEASE AGREEMENT [OPTION TO SELL) THIS ELEVENTH AMENDMENT TO LEASE AGREEMENT ("Amendment") dated as of the latter of the signature dates below is entered into by and between CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida ("Landlord") and NEW CINGULAR WIRELESS PCS, LLC D/B/A CINGULAR WIRELESS, A DELAWARE LIMITED LIABILITY COMPANY, as successor in interest to Palm Beach County Cellular Telephone Company ("Tenant"). RECIT ALS A. Landlord and Tenant entered into that certain LEASE AGREEMENT dated March 31, 1996 ("Agreement"), whereby Landlord leased to Tenant and Tenant leased from Landlord a portion of Landlord's property located at 300 West Woolbright Road, Palm Beach, FL 33435 ("Premises"). B. Tenant has determined that its present use of the Premises is no longer consistent with the optimal operation of Tenant's current communications network and, as an alternative to exercising its rights of termination under the Agreement, desires to sell and transfer its improvements installed at the Premises and assign its interest in the Agreement to an, as yet, unidentified third party. C. In exchange for Tenant's efforts to assign the Agreement to a third party, Landlord agrees that rent may be abated or modified as set forth below. D. Since the inception of the Agreement, Tenant has moved its lease administration office and desires to modify the notice provision of the Agreement accordingly. NOW, THEREFORE, in consideration of the foregoing, the payment of One Hundred and Noll 00 Dollars ($100.00) to Landlord within thirty days of the execution of this Agreement, and of the mutual obligations and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. INCORPORA nON OF RECITALS. The recitals set forth above are incorporated herein as set forth In their entirety. 2. ESTABLISHMENT OF INTERIM PERIOD / ABATEMENT OF RENT. Paragraph four (4) of the Agreement is hereby amended by the addition of the following: "(a) Notwithstanding Tenant's obligations to pay rent as set forth above, Landlord agrees to abate any and all rent payments due from Tenant for a twenty four (24) month period commencing May 1, 2006 and ending April 30, 2008 (the "Interim Period"), subject to the following conditions: (i) Landlord shall not be required to reimburse Tenant for any prepaid fees received by Landlord for any portion of the Interim Period; (ii) During the Interim Period, Tenant shall attempt to sell its improvements and assign the Agreement to a third party ("Third Party"), such sale and assignment to be subject to the provisions of the Agreement except as set forth in (iv) below. Notwithstanding any terms to contrary in the Agreement, if any, Landlord consents to the sale and assignment of the Agreement to the Third Party. In addition, during the Interim Period, Landlord's right to unilaterally terminate the Agreement for any reason is suspended. (iii) During the Interim Period, Tenant agrees that it shall continue to abide by all other terms and provisions of the Agreement, including, but not limited to, its obligations to carry insurance pursuant to the provisions of the Agreement; (iv) In the event of a sale, Tenant shall provide to Landlord a fully-executed copy of the assignment and assumption agreement of the Third Party and the Third Party shall be responsible for all Tenant obligations under the Agreement thereafter, including the reinstatement of rent payments prorated on a go-forward basis from the date of the sale/transfer and assignment; any assignment of the Agreement will require that rent payments under the Agreement increase by ten percent (10%) over the rent due at the inception of the Interim Period upon the effective date of the Assignment. Following the assignment, Tenant MD7:3P &/7/06 SwmfordKF Landlocd INITIALS Cell Site: WP44 Lease ID: NOOl297 Address: 300 West Woolbright Road, Palm Beach, FL 33435 mill be relieved of all future performance, liabilities and obligations under this Agreement and will have no further obligations to Idlord; (v) Landlord's right to require Tenant to relocate its equipment, ifany, is hereby abolished. (vi) In the event of a sale and assignment, Landlord shall be entitled to twenty-five percent (25%) of the net proceeds of the sale and assignment, payable by Tenant within sixty (60) days of receipt thereof from purchaser." 3. THIRD PARTY APPROVALS. (a) Landlord recognizes that the Third Party's ability to use the Premises is contingent upon the suitability of the Premises for Third Party's Permitted Use and the Third Party's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Third Party for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). Landlord authorizes the Third Party, at the Third Party's sole cost and expense to prepare, execute and file all required applications to obtain Governmental Approvals for Third Party's Permitted Use under this Agreement and agrees to reasonably assist Third Party with such applications and with obtaining and maintaining the Government Approvals. In addition, Third Party shall have the right to initiate the ordering and/or scheduling of necessary utilities. (b) Landlord agrees that the Third Party may obtain, at the Third Party's sole cost and expense a title report or commitment for a leasehold title policy from a title insurance company of the Third Party's choice and may have the Property surveyed by a surveyor of the Third Party's choice. (c) Landlord agrees that the Third Party may also perform and obtain, at Third Party's sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if the Third Party's use of the Premises will be compatible with Third Party's engineering specifications, system, design, operations or Governmental Approvals. After the tests and investigations are completed, the Third "1y will be required to restore the Property to the condition that existed prior to the testing. 4. FAILURE TO ASSIGN AGREEMENT TO THIRD PARTY. (a) In the event no purchaser is found, the Agreement will automatically terminate at the end of the Interim Period without further action required by Landlord or Tenant. Landlord agrees that Tenant will leave and Landlord shall own all permanent improvements on the Premises. Title to all permanent improvements will transfer to Landlord without a bill of sale, as-is, where-is, without any warranty whatsoever, by operation of this Eleventh Amendment. Tenant retains the right to remove any and/or all of its personal property prior to the conclusion of the Interim Period. Title to all of Tenant's personal property not removed will transfer to Landlord without a bill of sale, as-is, where-is, without any warranty whatsoever, by operation ofthis Eleventh Amendment. (b) Alternatively, prior to the conclusion of the Interim Period, in the event that Tenant determines it wants to retain its site, Tenant may avoid the automatic termination of the Agreement by sending Landlord a written notice of its desire to retain the site. If Tenant sends such a notice, the parties will be bound by all the terms of the Agreement. The resumed rent will be paid on or before the fifth day of each calendar month in advance. For partial months occurring between the end of the Interim Period and before the first of the following month, rent will be prorated. 5. following: NOTICE ADDRESS. The address for notices to Tenant, as provided for in the Agreement, is hereby changed to the Cingular Wireless c/o Wireless Asset Management Cell Site #/Name WP44 P. O. Box 2088, Rancho Cordova, CA 95741-2088 with a copy to: Cingular Wireless A TTN: Real Estate Contracts Cell Site #/Name WP44 6100 Atlantic Blvd., Norcross, GA 30071 MD7:3P 8(]J06 Swinford:KF 2 LiJidJadINfTlALS Cell Site: WP44 Lease ID: NOOl297 Address: 300 West Woolbright Road, Palm Beach, FL 33435 and with a copy to: Cingular Wireless ATTN: Legal Department Re: Cell Site #/Name WP44 ] 5 East Midland Avenue, Paramus, NJ 07652 6. DEFINED TERMS. All defined terms used in this Eleventh Amendment that are not defined herein shall have the same meaning ascribed to them as in the Agreement. 7. ACKNOWLEDGEMENT. Landlord acknowledges that: I) this Eleventh Amendment is entered into of the Landlord's free will and volition; 2) Landlord has read and understands this Eleventh Amendment and the underlying Agreement and, prior to execution of the Eleventh Amendment, was free to consult with counsel of its choosing regarding Landlord's decision to enter into this Eleventh Amendment and to have counsel review the terms and conditions of this Eleventh Amendment; and 3) Landlord has been advised and is informed that should Landlord not enter into this Eleventh Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non-renewal provision therein, would remain in full force and effect. 8. AGREEMENT REMAINS IN FULL FORCE. Except as set forth above, all other terms and conditions of the Agreement shall remain the same and in full force and effect. SIGNA TURES APPEAR ON THE FOLLOWING P AG E MD73P 8/7/06 S\.\infordKF Landlocd.INITlALS Cell Site: WP44 Lease ID: NOOl297 Address: 300 West Woolbright Road, Palm Beach, FL 33435 written below. IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Amendment as of the last day and year LANDLORD: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Name: Title: Witness: Print Name: TENANT: NEW CINGULAR WIRELESS, PCS, LLC, A DELA WARE LIMITED LIABILITY COMPANY D/B/A CINGULAR WIRELESS ..ne: Title: MD7:3P 8n106 Swinford:KF Date: Date: Date: 4 Laridl...a INlTIAL.S Cell Site: WP44 Lease ID: NOOl297 Address: 300 West Woolbright Road. Palm Beach, FL 33435 LANDLORD A<ZKN@WEEDGMENT CORPORATE ACKNOWLEDGEMENT STATE OF ) ) COUNTY OF ) I CERTIFY that on , 200 personally came before me and acknowledged under oath that he or she: (a) is the [title] of CITY OF BOYNTON BEACH, the corporation named in the attached instrument, (b) (c) n~___ [name of representative] was authorized to execute this instrument on behalf of the corporation and executed the instrument as the act of the corporation. Notary Public: My Commission Expires:~ TENANT ACKNOWLEDGEMENT COUNTY OF ) ) SS. ) STATE OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of NEW CINGULAR WIRELESS, PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY D/B/A CINGULAR WIRELESS, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of __.___ My appointment expires: MD7:3P 8J7/C/6 S""inford:KF 5 LandJoid.INlTlALS What does the merger between Cingular Wireless and AT&T have do with site redundancies? The merger between the two companies has resulted in a combined network of over 50,000 sites. Approximately 8,000 of these sites have been determined to be redundant or operationally inefficient and will be scheduled for termination. Cingular is actively evaluating its network to determine which sites will be retained and which sites will be decommissioned. Is this trend toward consolidation continuing? Yes! Cingular's acquisition of AT&T Wireless is likely to be only the first of several mergers in the wireless communications industry. In 2005, Sprint Corporation purchased Nextel Communications for $36 billion. Some industry analysts have viewed this merger as even more indicative of the trend toward consolidation because the two companies chose to proceed with the merger to achieve operational efficiency in spite of the technological differences in the two companies' communication systems. What does this mean for me and my cell site? The wireless industry had been in "growth" mode for the past 20 years but has matured to the pOint where service coverage is everywhere for most users and the remaining companies are competing for each additional user. This shift to "operating" mode means that the cellular companies are actively looking for ways to reduce operating costs and eliminating redundant sites to optimize their network is a priority project for these carriers. By determining which sites can be removed from their network without compromising customer service, cellular companies are actively bringing down their real estate costs which have risen to become the second largest expense on their balance sheets, second only to human resources. Regrettably, this means that several thousand landlords nationwide wi" have their site leases terminated and the rent stream associated with their sites will be permanently terminated. What are the chances of having my site sold? In spite of this limited contraction brought about by the recent mergers, the wireless industry continues to grow its networks faster than ever. In fact, Cingular's network development budget in 2006 is larger than the combined network development budgets for AT&T Wireless and Cingular Wireless before the merger. This means that the cellular industry is still actively looking for new sites that can enhance their network coverage or improve their existing coverage while reducing their operating expenses. Furthermore, the inevitable development of new services and ongoing increase in overall user penetration means that the industry will continue to need new sites for deployment of next- generation technologies. The utilization of existing sites will prove to be a lower-cost, higher- value option than building out new sites from scratch. . There are roughly 50,000 wireless sites in the combined Cingular Wireless and former AT&T Wireless networks . Approximately 8,000 sites are scheduled to be terminated from service . The site located on your property is currently scheduled to be pulled out of service and terminated pursuant to the terms of your lease . Cingular intends to provide you a termination notice consistent with your lease . After removing your site from the network, your rent income will cease according to the terms of your lease . The permits attained and any improvements made to your property by Cingular may be cancelled or removed, making your location less attractive to other wireless carriers 1 Take No Action . Cingular issues termination notice . Lease is terminated according to the terms and conditions of the existing agreement . The contract between you and Cingular will be considered fulfilled and ended . The revenue stream previously associated with the site will cease 2 - Reinstatement . Md7 works with you to include your site in Cingular's national effort to locate a new tenant for your site within 24 months . Rent income is temporarily suspended until site is assigned and new tenant resumes payments Potential 15 Year Income: SAME RENT AMOUNT YOU ARE CURRENTLY RECEIVING Continued · Unless immediate action is taken, the lease will be terminated according to the original terms of the agreement. The opportunity to receive any future revenue from the site will be lost and the improvements that make the site valuable for use as a cell site will be removed. · The value of your site to the wireless industry has never been higher. Cingular has determined that this site no longer fits into its network design. Nonetheless, the value of sites like yours that have already been developed has risen as permit and zoning issues have become more complex. Consequently, other cellular operators may have an interest in your site. Furthermore, because your site has already been built out, cost of entry is negligible and the new tenant can begin operating much sooner and at much lower cost than if they had to pursue traditional site acquisition methods. · Cingular is already in the process of marketing its real estate portfolio and has received great interest from other wireless carriers. Adding your site to this portfolio today will ensure that your site gets maximum visibility. · The prospect of reinstating your cellular site lease income is far better than the certainty of losing it forever. · Md7 is the only management company authorized by Cingular to assist you to include your site in the portfolio of sites being marketed. · Experience - Md7 has delivered over $130M in guaranteed rent to Landlords nationwide · Active relationships with major wireless carriers and third-party tower companies · Contact your Md7 account manager to halt the decommissioning of your site and begin the Reinstatement process. · Execute lease amendment to allow Cingular to market your site to the wireless industry for sale to the highest bidder. · Upon the completed assignment of your site, your rent income will be reinstated and all of the terms and conditions of the existing agreement will remain in effect. · Through the Reinstatement Program, Cingular will make a good faith effort to locate another tenant for your site for a period of up to 24 months. During that time, all lease payments will cease. There is no guarantee that a suitable Assignee will be found within the 24 month period. (Sl'\":Y'~~ ~\ '; ~ ~, j.,.. "':\ .. -/;: ''';', -f V .J-,. ..' . . / \r ..... .... ~ ~ :- :-'0 ~ ~i' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORln VI.-CONSENT AGENDA ITEM D. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) [g] August 15, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14, 2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [g] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the roadway name change ofN.E. 2nd Avenue east of U.S. Highway One (Federal Highway) to be known as BOYNTON BEACH BOULEVARD. EXPLANATION: The area was originally settled by Colonel Boynton in the year of 1896. The Town of Boynton (Dade County) was originally recorded in Plat Book "B", Page 15 on September 2 I, 1898, and later recorded in Plat Book 1, Page 23 on March 25, 1910 after Palm Beach County was created. The center of town was the roadway connecting the mainland with the "beach" and was given the name of Ocean Avenue in September 1898. The roadway lying along the section line of Sections 22 & 27, Township 45 South, Range 43 East was originally created via the record plat known as Dewey's Subdivision as recorded in Plat Book 1, Page 37, dated September 26, 1898, (and replatted in Palm Beach County in 1910), and was given the name of Lake Street (a county public roadway). The Town of Boynton became a municipality on July 21, 1920. The Town of Boynton and Boynton Beach became separate municipalities in 1931, with the "Beach" located east of the Intracoastal Waterway (ICWW) and the "Town" remaining west of the ICWW. Boynton "Beach" changed its name to Ocean Ridge in 1939, and the Town of "Boynton" changed its name to Boynton Beach in 1941. After the municipality name change, a "center" of the town was designated, that being Ocean A venue and Pine Street (later to be changed to Seacreast Boulevard). In the downtown area, the roadways running in the east - west direction was known as A venues, and the roadways running in the north - south direction were known as Streets. Thus, the roadway along the said section line noted above was known as N.E. 2nd Avenue. In the mid 1950s, the FDOT determined that area stormwater improvements were required in the general area, particularly along Boynton Beach Boulevard, which was named from Congress Avenue to Federal Highway; this name remains in use today. However, the roadway extending east of Federal Highway has continued to carry the numerical identification ofN.E. 2nd Avenue. This is validated via the latest record plat in the area, which is the "Marina Village at Boynton Beach", that is recorded in Plat Book 102, Page 4 on May 13,2004. However, the public commonly refers to this segment of roadway as Boynton Beach Boulevard. Therefore it only makes sense to formally change the roadway name for consistency. The current development underway in the area desires to carry forward the Boynton Beach Boulevard name, extending eastward from its current terminus at Federal Highway. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC /..'.~ '. 'r ' ~O~.'" ~x tU '. . ~ ./ !J 0'-. >/~ .1-'<'.'''- _/ ~ IV':O;:;; " CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: None. FISCAL IMPACT: None. Assistant to City Manager ~ Public Works / Engineering Division Department Name City Attorney / Finance S:IBULLETlNIFORMSIACiENfM ITEM REQUEST FORM.DOC I I ~ Qg. q ~ I I ~ \ 11--- I I I i ..J i _.:::;;;:P::;;;;:;:E_:;=.!E~ ..-..-.T t==== I I I I nJ I ! I I I I I 1 I , I I ~ll ~ I -. ........ \ I .....<... ., .'\"J ~!Iif/ II q ]- ~- . \ .-- -1 / i I l .. ..._~ I~ ---- ..~ r:-"-=-;'- ~ .- -..- -- -l I~ I~ I~ l~ I~ I~ / c:::-"~ I~ \( ',~)_ ;~p I~ ~ ~ //It Ir If ~ * I~ i I~ I~ I~ I~ ~I /' \ .._,'. ~ '. .---/ 'V _ _ '\..-.--______ . . _J.....r-- . I~ I~ -- H 1i ;:n:~ -- (~/''\. '~...~;:- r' /'\ i\ t~'" . . .... ....lP: t.i', l V '\~i<) .., i~ .~ VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 1,2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) IZJ August J 5,2006 July 31, 2006 (Noon) D October 17,2006 October 2,2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D AnnouncementslPresentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM IZJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$I,OOO each of Commissioner Mack McCray's and Vice Mayor McKoy's Community Investment Funds to the Boynton Beach Faith Based CDC. EXPLANATION: Commission approval is requested for allocation of$I,OOO each to the Boynton Beach Faith Based CDC to assist in funding the CDC's Peacemakers Youth Program which works in partnership with Galaxy and Poinciana Elementary Schools. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Name Department Head's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 1,2006 Requested by Mayor/Commissioner: Commissioner Mack McCray Amount Requested: $1,000 Recipient/Payee: Boynton Beach Faith Based CDC Description of project, program, or activity to be funded: CDC's Peacemakers Youth Program which works in partnership with Galaxy and Poinciana Elementary Schools. Dated: 'l-/-jl,{, By:nL- ~d /;' . Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $6,000 has been used to date by the requesting Member, leaving a balance of available funds of $4,000. This request would bring the available amount down to $3,000. Accordingl y: )( There are funds available as requeste o There are insufficient funds available Dated: 8 b. / b (P I I Finance Director By Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: [3'" The proposed expenditure of funds will not result in improvement to private property; B'" The recipient/payee provides services within the City of Boynton Beach; ~The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and []..--' Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. <01.,101" By: ~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 8, 2006 Requested by Mayor/Commissioner: Vice Mayor McKoy Amount Requested: $1,000 Recipient/Payee: Boynton Beach Faith Based CDC Description of project, program, or activity to be funded: CDC's Peacemakers Youth Program which works in partnership with Galaxy and Poinciana Elementary Schools. Dated: O~ 'ir~oi, BY:5fJ ;&dYk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $4,000 has been used to date by the requesting Member, leaving a balance of available funds of $6,000. This request would bring the available amount down to $5,000. Accordingly: )( There are funds available as requested o There are insufficient funds available Dated: g /9/ofp I I By Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: ~ The proposed expenditure of funds will not result in improvement to private property; (5. The recipient/payee provides services within the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards will be implemented to assure that the public funds being q;~~o::: will ~ ~ed for ::stat~ ~ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\8LANK FORM REVISED05- 06.doc ... ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 July 27, 2006 Commissioner McCray City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 Dear Commissioner: I'm writing to ask for your support of the COG's Peacemakers Youth Program which works in partnership with Galaxy and Poinciana Elementary Schools. The program offers mentoring before school (2 days per week in each school) and after school recreation and tutoring (2 days per week i n each school a nd jointly 0 n Fridays). Peacemakers serves 40 3 rd - 5 th graders and requires about $40,000 for the academic year. The students are referred to the program by the principal of each school because of behavior and academic problems. An article in the July 19, 2006 BOYNTON TIMES pointed to some of the success of the Peacemakers. Morning mentoring and community involvement sets the program apart from other tutoring programs. As demonstrated by the enclosed photos, our students have participated in the Great American Clean-Up, have helped to paint homes, and have participated in Boynton Beach's Heritage Fest Parade. Peacemakers has also presented anti-drug abuse education to the children. We track participant performance so I can tell you . 25 took the FCA T math exams in 2005 and 2006. Of those 25, 22 (88%) improved their scores, 15 by 100 points or more; . 21 took the FCA T reading exams in both years. Of those 21, 14 (67%) improved their scores by 100 points or more. In addition, participants exhibit improved behavior and classroom performance. ryJe also track classroom grades and behavior referrals.) We need $17,000 to cover the cost of tutors and the Program Manager for the first semester of 2006/07. Please help us to serve the children of Boynton Beach by awarding us part of the required $17,000. Thank you for your consideration. ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 · BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 The Boynton Beach Faith Based CDC needs about $17,000 to initiate the Peacemakers Program for the 2006/07 academic year. The CDC started youth activities, including tutoring in 2001. In the spring semester 2002/03 the COC, the two local elementary schools, and the City of Boynton Beach launched the Peacemaker Program. The Program served 40 children who were referred to the COC by Poinciana and Galaxy Elementary Schools of Boynton Beach. The students had disciplinary problems that affected their academic performance and was disruptive to their classmates. The Peacemaker Program was able to tum most of the students around (see attached letters): ~ Disciplinary referrals decreased and ~ Academic achievement improved. With support from the schools the CDC has operated the Peacemakers Program during the 2004/05 and 2005/06 academic years. The program is based upon before school mentoring, after school tutoring and activities, and a field trip reward system. Because research has demonstrated a connection between performance and home life, we require parent participation. The measurable objectives are related to behavior and academic performance: 1. Increase parents' participation in their children's school activities - parents will participate in at least two Peacemaker or school activities per month (one during the three week summer program), 2. Improve student in-school behavior -discipline referrals will be reduced by 50%, and 3. Improve academic performance > FCA T scores will increase - 65% of participants will demonstrate at least one year's improvement ~ Scholastic Reading Inventory (SRI) will improve for participants at a greater rate than average; there will be no decrease over the summer; ~ GPA's of participants will increase by at least one-half a grade point in language arts and math; and ~ At least 70% of participants will graduate from High School. In sum, through the Peacemakers Program the Boynton Beach Faith Based CDC and collaborating schools will provide a replicable model that brings together schools, community based organizations, and residents into a collaborative partnership that leverages the strength of each group to improve student performance socially and academically. The Chair of the Boynton Beach Faith Based COC's Youth Committee (Mr. Steve Miller) will serve as the unpaid Program Coordinator. Mr. Miller is a Juvenile Probation Officer with the Department of Juvenile Justice. The Project Manager, a hired position, will report to the Project Coordinator. Together they will make sure that the proper tracking protocols are established and implemented. They will also conduct the mentoring sessions that will be held - before school during the school year and either at the beginning or end of the daily program during the July 28, 2006 summer. All program staff will report to the Program Manager. He or she will also be responsible for data entry and assuring that all necessary documents and permission slips are complete. The total budget for the Peacemaker Program is approximately $73,000 (about $44,500 for program contract staff). The CDC will be directly responsible for about $7,500. We need funds for the first part of the 2006/07 academic year. Wachovia Bank has promised the Program $10,000 in December and we have a request before the Community Foundation/MacArthur Foundation and the Jim Moran Foundation (a 2004/05 funder) and will request support from Publix for snacks. With your help Peacemakers Program can continue to make a difference in the lives of our children. . Page 2 I- W (!) o ::> OJ fI) o::~ <t ~ w~ >-0 ...JM o o J: U en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 q 0 q 0 0 0 0 0 0 0 - 0 ctl 0 0 0 0 0 0 0 0 ci '<t 0 0 ..; 0 (V) 0 0 r--: .... to 0 It) 0 6 M M 0 0 N co 0 'O:t 0 0 co co co 0 to M 0 I'-- 0 0 ..... ..... (0 co to co. t'! .,.... ..... 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I: e (f) 0 0 a> ..:.::: ro U e m ..c Ol ..c 0 0 U I: 'E '- ~ (f) '6 ro ..... e .- 0 ..c ...- '- ro I: @ ro I-=- "C ro Q) a> 'g yg I: '-" E a> 0 2 LL E E E u <( I: ..c a> 0 0 0 u (f) (f) Co a> Cll :;:; e u 0 0 a> a> ..... c ..... Ul a> Ol :J -.: a. I: C) Ol -- 0.0 L- I- <{ 0 (5 .0 1lI l- E ..... ..... :J L- ..... -0 (f) ..c :J 0- '<t N n.. > (/) fI) (V) M (/),(/) I- > 0 o(/) 0- n.. <( e Q..(/) f- VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM 0 Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Authorize the use of$ 2,000 of Vice Mayor McKoy's Community Investment Funds to the Boynton Beach All-Star Cheer leading Squad. EXPLANATION: Commission approval is requested for allocation of $2,000 to the Boynton Beach All-Star Cheerleading Squad to help defray competition expenses for the squad to represent Boynton Beach in various local, state, regional and possibly national competition. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1 I 10-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature ~C:M 'S' Ity anager signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 8, 2006 Requested by Mayor/Commissioner: Vice Mayor McKoy Amount Requested: $2,000 Recipient/Payee: Boynton Beach All-Star Cheerleading Squad Description of project, program, or activity to be funded: Help defray competition expenses for the squad to represent Boynton Beach in various local, state, regional and possibly national competitions. Dated: ,g'-g-!)(., BYl1-"- /!,.,J;yh / Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $5,000 has been used to date by the requesting Member, leaving a balance of available funds of $5,000. This request would bring the available amount down to $3,000. Accordingly: ~ There are funds available as requeste o There are insufficient funds available a g/q/O{, I I Dated: By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: )( The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards will be implemented to assure that the public funds being caaf~Oi~:d will be used for ::Slate; j~: .. ~ l~ager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc The City of Boynton Beach Recreation & Parks Department Administration 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425~031O (561) 742-6553 FAX: (561) 364-4079 ; Email: degraffenreidtm@cLboynton- beach.fl. us www.boynton-beach.org June 30/ 2006 Vice Mayor Carl McKoy City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Dear Vice Mayor McKoy, I am responding to your inquiry regarding funding for the All-Star Cheerleading Program. This year three All-Star squads will represent the City of Boynton Beach. Two years ago the All-Star Cheerleading Squad was organized with the help of two volunteer coaches. As of today, there are a total of three volunteer coaches and 65 cheerleaders representing Program. The purpose of the program is to teach self-confidence, integrity, responsibility, as well as quality motivated skills and techniques. Skills taught will be used to build competitive cheerleading squads that will represent the City of Boynton Beach in various local, state, regional, and possibly national competitions. Last year two teams finished in the following categories: 1st in Regional/5th in State and 9th in the Nation. As a second year program the teams achieved a monumental accomplishment for the City of Boynton Beach, (see website pictures; www.varsitv.com). And, as a competitor in the top ten ranking, the cheerleaders were highlighted on national television. Your donation will help defray competition expenses, and allow us the opportunity to achieve excellence and recognition for the City of Boynton Beach. If you have further questions about the program, please contact me at 742-6553. Thank you in advance for your support. ~ Ion Manager Senior tion and Parks Department /md America's Gateway to the Gulfstream .//~"/'9'"\"_t, -- _ .__.__ - V >r '. y, ~ ~ J"')..~ /^-Y;.- ,r - ~~>>.__ -:-~:9 ')"-ON VII.-CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORM .---{ Rcquested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon,) ~ August 15,2006 July 31, 2006 (Noon) D September 6, 2006 August 14, 2006 (Noon) D Septcmber 19,2006 September 5, 2006 (Noon) Requested City Commission Meeting Dates Date final Form Must b~-1urned in to City Clerk's Office D October 3, 2006 D October 17, 2006 D November 8, 2006 D November 21, 2006 September 18, 2006 (Noon} 'j C:' -_ {I"j October 2, 2006 (Noon)" . (~J October 16,2006 (Noon) November 6, 2006 (Noon) NATURE OF AGENDA ITEM D Announcements/Presentations D City Manager's Report D Administrative D New Business D Consent Agenda r--, Legal L~ RI Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Approval of proposed settlement of attorney's fees for Erskine Rogers, counsel for Theodore Ryan and Gerhard Degen. EXPLANATION: The City settled with Messrs. Ryan and Degen for $99,000.00 per parcel. The Court awarded Mr. Rogers attorneys' fees of$I2,21O.00 per parcel. The Court based its award by concluding that the benefit to the property owners was $99,000.00 less $62,000.00 (or $37,000.00) per parcel. The City appealed and was successful in arguing that the attorneys' fees should be based upon a benefit of $99,000.00 less $77,500.00 (or $2 I ,500.00) per parcel. Therefore attorneys' fees would be $7,167.00 per parcel. However, pursuant to Chapter 73, Fla. Stat. the City is required to pay Mr. Rogers' attorney's fees in connection with the appeal which total $10,791.25. The details of the settlement are set forth in the attached Joint Stipulation for Entry of Agreed Order. PROGRAM IMPACT: FISCAL IMPACT: $25,125.25 for both parcels. (Acct. 403-5000-590-96-07) ALTERNATIVES: Reject settlement and go to hearing. ~C'M ' Ity anager's SIgnature Assistant to City Manager ~ ~c- Department Head's Signature City Attorney Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 07/20/2005 15:55 '354771492':: 130REt,j I:::HEROF ET AL. F'AI3E in.' Oc: GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 (954) 771-4500 Facsimile No. (954) 771-4923 DATE: July 20, 2006 RECIPIENT'S FAX NO. 561-742-6054 TO: Lynn Swanson, City of Boynton Beach FROM: Kerry L. Ezral, Esquire t! This transmission contains ~ page(s) including this cover. FILE NO: 30335 FILE REFERENCE: City of Boynton Beachl Janots, et.a!. COMMENTS: Attached please find the Joint Stipulation for Etnry of an Agreed Order on Remand Granting Respondents' Theodore Ryan and Gerhart Degen, Attorneys' Fees which you will need to attach to the Agenda Item Request Form. Thank you. The information contained in this facsimile message and the pages following ElrG attorney privileged and confidential Information intended only for the use ot the individual of entity named abovtl. If the reader of this message is nol the intended recipient, you arE! hereby notified that any disseminatIon, distribution, or copy of this communication is strictly prohibited. If yOll have received this communication In !mar, please immediately notify us by telephone and return the original message to us at the "bov'" address via the U.S. pos.tal Service. Thank you. If any problems occur in receiving this message, please call this office at (954) 771-4500. Thank you, 07/20/2005 15:55 9547714923 JUN-2Z-200e 13:39 FROhPb '..-' CITY or BOYNTON BEACH. a F1orlda:o:wnicipal CO! 9QtatlOl1, Peti1iDllt:l". -.;s. FRANK. JANOTS, THBODORE RYAN, GERBAlID ~ ROBERT p. BROWN~ CBA.1U.BS F.BIb1AN~ SYLVIA. PBLMAN. PALM BEACH COUNn". CO'tnttT'l, CQI1.ECl1ON SERVICBS.1NC., STA'IB OF PlORlDA. TOWN OF LAKE pAlUC., KARL HLAVAC, Ul'ffi'l!.D STA'l13S Of AMBlUCA, CITY OF JU\l'1!!RA :BBACH. lMd JOHN K. CI..A.&K. TAX cOUBCTOR. Palm Bach COUDty, R.aponde:lrts. GOREN CHEROF ET AL +5616256186 PAGE 02/04 T~563 P,002/004 F.61T '- IN TBB CIRCUIT COURT OF 1'BE 15TH JUDICIAL ClRCUII', IN AND FOR PALM BEACH COtJN'IY, FLOIijI)A CASB NQ50 200S CA 010606 XX BDAl 19~~~~~:...n~mORDEJl _ ~;:= ~~ TRRODOB . In: Mm ~T m.aKN. AnolUlt:ftS~ 'fR1i'1l ?etitiOnet and ~ 1'HBODORE RYAN a.ud GERHAB.T DEGEN, by md thnmgh. their 1m4ersigned ~1 heIe"Py 5tipuJ* and agree to emry of.. AIleed OIder on ~ GraIltiIlg Respondents. THEODORE RyAN and GERHAllT DBGBN. Aitomeys' fees And CQ&fS, a 00f!Y of.wbiob. is aUacb.ed hereto as Exhibit n A." i.my L.. Ezrot, Esquire Florida Bar NQ.615900 GaJ:w, CheiI:o( Doody ~ Bzrol. P.A. AtttJrney$ for City ofBoyntou Beach 3099 But Cmnmm:.jal Bou1evard Suite 200 Fort )'..:mdmdale. FL 33S08 Te1cphfJD.c: 954 771-4500 F~e.: 954 nl-4923 H.~Q03"D30S'M1'.I"l:At..Uo!lIt Stilt ~ It ~oo: Etskitle C. 'Ro III. isqu:iTe FIarida Bar . 979180 Rutherford Mllnmtl. P.A. Counsel far Respcmd.ents, ~<<e Rym ami GeriWt Degm1 PGA Fh1:mciS1 P1Ia 3:3" roA~ Suite 480 Pahn Beach ~s, FL 33410 Te1ephoD.8:(561)691...sUl Telc&t:(561)6'-S--6186 07/20/2005 15:55 9547714923 (3IJRE~1 ,'::HERIJF ET AL. PAGE 03/04 JUN-22-2006 1~:38 FROM~wpb +5616256188 T-563 p.on3/004 F-61i ...,....... __I ---- -- '....-- Cl:r'i OPOOYNTON BRACH, a FlorldAmraniclpal ~ IN 'l'HB em-CUll COUllT OF 'I'HB lsm runICIAt. ClRCUIT, IN AND FOR. PAlM s'BACH COUNTY, FLORIDA CASE NO. 502003 CA 010606 xx EDAJ p~> w. FR.ANK JANO'l'S, THBOlXlaERYAN, ODHARD D~, RO>>BRT P.lIRmvN.. CHARLBS mMAN, SYLVIA PBLMAN, PALM BEACH COUNTY, coUNTY, COLt.EC11ONS8R.VICES, lN~ STATE OF FLOlUDA, TOWN OP LAD P.AR.K. KARL HLAVAC, TJNII'6D STATES OF . AMEIU~ c:rrY OF R.1Vl'iIlABEACH, audJOHNK. CI.ARK, TAX COI..L.ECTOR. Palm ~h Cotmty, ~. AGREED ORDER. ON REMAND Q1lAN1'ING RESPONI))3'.NTS, 1HBQ1)ORE.RY AN AND cmmAR.T DBGBN ("RYAN" JUtU) '1)EGEN"), ATI'QRNEYS' PBBS.AND COSTS THIS CAUSB CIOW before this Cow:t pursuant to tM stipulation of the parties. the Cau1:t having COD&iderec1 the stipu1a1ion, ~ Mandate ftoJ)1 tb.e Distr.ict Comt <If Appeal of the State of Florida, pem1:h District dated May 19, 2006, and being otb,erwise duly advised in the premises. it ila ~ding1y, ORDERBD .AND ADroPGED 8$ fo1le\W~ 1. RespondeD.tI, R.YAN:md. DBGJiN. are caQh eotitle4 to attorneys' fees billed '\.1IlOll the beoe:fit or differeu.oe between 599,000.00 (the sdlml41.t amcnmt) aud tbe o:ff'et dated August 7, 2003, in the anumu:l ef $77.500.00. ~, the beaeat is $21,500.00. Attorm:YSo :feeII ate $7,167.00 pa: plQ'CCl fat 3 total of $14,3 34.00. ...1", a 07/20/2005 15:55 9547714923 GOREN CHEROF ET AL +56tG258186 PAGE 04/04 T-563 P.004/004 F~61T JUN-22-Z0QS 13:38 FROM-wp!) -' - 2. In addition to the 514,334.00 in attomG:Y*' ~ t.esponden1s are entittod to 510,791.25. whic;b. sum. 'l'~m reasonable attorneys' fees incm:red in connection with the appeal oftb.e Final. Qxd.I!lr awaidiDg de:teDdantR atkJmeys' fees alld. cost$. 3. Petitioner sIm1l ~ to Rutbet'fbrd Mu1hall. !!.A, me INIIl of 52S,12525, within thirty (SO)" days or entry oftbil Older. DONE AND ORDBRED, jn west Palm Beach. Palm Beach County, F1orld~ ~ - da,yof . 2006. CIRCUIT Cot.1J.'r Copies iirmished: J;Aay 1.. ~ Esquire~ ~ Chero~ Doody & F.mJ1, 'r.A., 3099 It Commercial BJ:vcl., Foo Lauderdat~ Florida ~3308 Brnkine C. Ropm m. Esquire. bther.ford Mulba11, PA, PGA p;nan,.,;a! Plaza. 3399 PGA Bo\11ev1ud, Sui.te 480, Palm Beach Gatd.m8. FL 33410 Carl A. Cascio, Esquire. Piuelpp1e Grove Professitmal Center, SZS N.E. Tbinl Avenue, Suite loa, Deby:aeacl\ FL 33444 H.~SIAPRAL,^gm:d ~.(loc ~2- qr CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORL.~ 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 0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September] 8,2006 (Noon) I:8J August 15,2006 July31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8,2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 2], 2006 November 6, 2006 (Noon) NATURE OF AGENDA ITEM o o o o I:8J AnnouncementslPresentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o o o o o City Manager's Report New Business Legal Unfinished Business '. .I--j ...-:-.'.... ~ .....-, -"r'j '-0 c;~~ RECOMMENDATION: Please place this request on the August 15,2006 City Commission Agenda ~der Public Hearing. The Planning and Development Board recommended that the subject request be approved, on Ju~25,10lli>. For further details pertaining to the request, see attached Department Memorandum No. 06-130. CJ . ~ ... -r;-~~ i~ '.~=)~~ C~J . "(""') EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Meadows PUD (MPMD 05-013) Steven L. Cohen & Associates, P .A. Boynton Meadows, LLC Southwest corner of Congress A venue and Hypoluxo Road Request for Master Plan Modification approval for the addition of 34 townhomes to the Meadows Planned Unit Development (PUD). PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~e, City anager's Signature Developme ~ Assistant to City Manager Planning and ~g ~or City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05-0] 3\Agenda Item Request Meadows PUD MPMD 06-0] 3 g.15.06.dot ~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-130 STAFF REPORT FROM: Chair and Members Planning and Development Board and City Commission Michael W. R~ Director of Planning and Zoning Ed Breese ~ Principal Plan~..-I TO: THRU: DATE: May 16, 2006 PROJECf NAME/NO: REQUEST: Meadows PUD MPMD 05-013 Master Plan Modification of the Meadows P.U.D. to include an additional 34 townhouse units in a new 7.966 acre Tract "P" PROJECT DESCRlPnON Property Owners: Meadows Homeowners Association, Inc. Location: Meadows (P.U.D.), west side of Congress Avenue, south of HYPoluxo Road (see exhibit "A" - Location Map) Existing Land Use/Zoning: Low Density Residential (LDR)/ Planned Unit Development (PUD) Proposed Land Use/Zoning: No changes proposed Proposed Use: Modification of master plan to accommodate an additional 34 townhouse units Acreage: 287.31 Acres Total (7.966 acres for the new townhouse pod) Adjacent Uses: North : South: Freedom Shores Elementary School, with a land use designation of Moderate Density Residential (MODR) and zoned Single-Family Residential (R-l), further north right-of-way of Hypoluxo Road; Right-of-way of LWDD L-20 Canal and Miner Road, then farther south Chalet N and Melear P.U.D. classified Low Density Residential (LOR) and zoned PUD; East: Right-Of-way of Congress Avenue, then farther east developed residential (Boynton Lakes P.U.D.), classified Low Density Residential (LOR) and zoned PUD; and west: Single-family residential (Nautica Sound P.U.D.), classified Low Density Residential (LDR) and zoned PUD. I Staff Report Memorandum No PZ-06-130 Page 2 .- f BACKGROUND Boynton Meadows, LLC, as part of the Meadows Homeowners Association, Is requesting that the Master Plan for Meadows P.U.D. be modified to accommodate an additional 34 townhouse units (see Exhlblt"Bj. The P.U.D. is located on the west side of Congress Avenue, south of Hypoluxo Road (see Exhibit "A"- Location Map). The subject Master Plan consists of a variety of residential housing types, such as single-family, duster, garden apartments and town homes, accounting for 1,359 units on 220.11 acres of the total 287.31 acre site. The original Master elan was approved in 1978, with a total of 1,394 dwelling units. However, as noted above, only 1,359 were ever constructed, leaving the potential for the construction of the remaining, vested 35 units. Consequently, the applicant Boynton Meadows, LLC Is proposing to carve out the north 7.966 acres of the 22.87-acre Tract G (Meadows on the Green Condominium), which Is currently vacant, other than a portion of a lake and walking trail, and construct 34 town homes (see Exhibit "B" _ Master Plan). The associated site plan (NWSP 05-032) depicts the development of seven (7) townhome bUildings, arranged around the lake, In clusters of four (4) and six (6) units, while retaining and enhancing the walking path amenity. Chapter 2.5, Planned Unit Development, of the City's Land Development Regulations states that changes In planned unit developments shall be processed through the Planning and Development Board and the Oty Commission. ANALYSIS In the process of requesting approval for the 34 additional townhouse units, the applicant and staff researched prior approvals and modifications to the Master Plan, including the type and number of actual units constructed In each Tract (subdivision), In an effort to update the Master Plan to the fullest extent. This request was reviewed for consistency with the P.U.D. development standards In the Land Development Regulations, Chapter 2.5, Planned Unit Developments. The proposed request for the addJtional townhomes appears relatively consfstent with other deVelopment already existing within the PUD and provides comparable setbacks to adjacent developments. Based on the fact that the original Master Plan and Development Order were approved for a total of 1,394 dwelling units, and that the applicant Is requesting to stay within that limit, staff finds the request justified and recommends approval of the Proposed Master Plan Modification necessary to accommodate the new Tract "P" and Its 34 townhomes. The more detailed aspects of the design and characteristics of the site plan Itself will be discussed further In the corresponding staff report (NWSP 05-032). RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non-substantial and approved. Any conditions recommended by the Board or Oty Commission shall be documented accordingly In the Conditions of Approval. S:\PIannIng\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\MPMD 05-013\Staff Report.doc + 110. = 362.1 feet Meadows Townhomes j . I L.L..'.~C I. . ..-..-.---.MJNl:.~J~QAR.__.__~~.~ . ... ...... ': iF-;c="'f" .::':' -"':::C::"~-:-::.-,::::,~::_:;=_: '::;;;':':;~';''': c::" ;ii'F.i \, ~ I ~ P ! IIp/lj N~ \ ~~ ~.OJ I E~ ~ () ;1 ~fl -IloF \ cnm I licn:D lIE _CO \........m 1 ........OJ I , tZ:;",,-- \ en I enm o li=i l:Xl......."..:!l I ..:!l Z ~ 'JL /~/f ~ \ ~~ ;1 I i ~~//. { ( J'J ~3: \ g ~:O I i~ ~ ) ) I ~ Z ~ s: J I rn ~ ! I' IS '" I I ~ i;j ~ ) L "";;{ : ~ ~~~~;r<=:.; i~ 'f ~~ Ii "~~/~--=-7 ) Ij, ~ ~~~~'i fX .11 ~Um ! ~ ~/l~!' ~ }/ ( 11// ;m I <,) ~t ". '= , ( ) / ..:!l \ !l1j fl. j t<_____~/ I i I $t~:;::.;;~t~-;;:~~71;. -7-'-1r--~r- ----~ - :"L. ,'- i Iii g f ~ / .. I ( . .~ ; r ( .. f if! ;;:-.< jgicnen^ ." '.\\ =ienffir-!!( t~ n i fff i"i-U! li~"TI:I:' /, li.;"T1:;u !; \ li:o": '-. I II! ~ I ~( ":"g~/;:./ . ~ /1 / ~ ^ !) r---..- --_..u.n.__,. r .i! I "\ I /' ~ . / &-'1. i r ; I Of, , 'I .' / c . -Y , \ I iL:.::-1;,;_. / /./ ///~~';':~;i - ' i , :ii oy, t !;.f-~...... I . /" ./1 :0 '. 1 "'/ V I E -'~'. . ....,' . / _ / -. I . I:.:IJ: Ii .........~'._o(Jl~"""'../ / ./ ....... , 0 (- I if: ;< t. 't i >';--... :-~"'o. .-/ .---./ ;: o~, !)- ( I iif c)> I~ '1, ~.-/ ---,- . ~ i '--1 ::! \ I fft li . '.. U ", 3:! li _I I ~ ( I, '\ \: 11.'! "01 ~ ( I l \\. 6 I -U \ ,'~ =-- \ 'I e~ ~:r I ,'1 ( I l;zo, ( 'n .0 I i ~ 1 I I - I !i" ~ ~ . p :xl : m I ~ I I . L.. . i Iii, ~ i ---.1 .:: ;of i ',' i;of , 'l'llME8OUIIf IWW UNE-1OI1WW ~ ~ ~ ~ -:, r-- HYPOLUXO ROAD ~,' ~ ! I . I. I i I . ;~i 1!t:1:". I,~ ~~f& ~ L~1..: III ~ a ::: ~~ li: I t Ii ~ ii !1l!lj, '~ .A. '-^ A / BOnllllN KAOOllS lOIHlOIlES llC ~ STEVEN L. COHEN . J4 UNIT DEVELOPMENT V AND ~!~~ 100 MEADOWS I)llQI .... ~'",n. "r::~:::~~.=.":.= 8O"Cn0llIl(AlJ;. Flc;loOA ~..l.~~~'.::='~ .. -...--.--....----.--.--- ....- --.- ...._-. -. /-.'.,.... ~~./.--.'/'-- ..~._,/'._..'./....""'./' .__.~,..<./.,-. "'",.---.,.--- , . "-+-'_'__'_'U_"~''".__._.._.- _.....+::-.._." Z o ~ , ) \ / ~ \ < I ! / ) ! \ ) ( \ < PROPOSED MASTER PLAN EXHIBIT B EXHIBIT "e" Conditions of Approval Project name: Meadows PUD File number: MPMD 05-013 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Connnents: None X FORESTERlENVlRONMENT ALIST Comments: None X PLANNING AND ZONING Conunents: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: .1. To be determined. S:\Planning\SHARED\WP\PROJEcrs\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05-013\COA.doc S:\PIannlng\Plannlng Templates\Condltlon of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Meadows PUD APPLICANT'S AGENT: Steven L. Cohen & Associates, P.A. APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102, Ft. Lauderdale, FL.33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006 TYPE OF RELIEF SOUGHT: Request approval for Master Plan Modification of the Meadows P.U.D. to update the master plan to accommodate the request for an additional 34 townhouse units. LOCATION OF PROPERTY: Meadows (P.U.D.), west side of Congress Avenue, south of Hypoluxo Road. 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:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05-013\DO.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida July 18, 2006 City Commission Meeting July 25, 2006 The Comprehensive Plan Policy Amendments regarding affordable housing and corridor studies were approved. The Sonic Restaurant conditional use was approved. The new site plan for RBC Centura Bank was approved. The master plan modification for Boynton Lakes North was approved. VI. Old Business Attorney Tolces administered an oath to all who planned to testify. A. Master Plan Modification 1. Project: Agent: Applicant: Location: Meadows PUD (MPMD 05-013) Steven L. Cohen & Associates, P.A. Boynton Meadows, LlC Southwest corner of Congress Avenue and Hypoluxo Road Request for Master Plan Modification approval for the addition of 34 townhomes to the Meadows Planned Unit Development (PUD). Description: Chair Wische announced the board had reviewed this item previously, but it was being repeated due to faults in the original notices to the property owners. Ed Breese, Principal Planner, briefly reviewed the project. Prior to the start of the meeting, he had distributed to the board and Recording Secretary a letter from a homeowner in Nautica Sound in regard to this item. Mr. Breese related the Meadows PUD Master Plan had originally been approved in 1978 with a total of 1,394 dwelling units. However, only 1,359 were constructed, leaving 35 additional units to be constructed. The request before the board would change Tract G, a 22.87-acre tract currently known as Meadows on the Green Condominium, and cut out 7.966-acres of that to construct 34 town homes. Steven Cohen, representing the applicant, Boynton Meadows, LlC, appeared and commented this was their first view of the letter from the homeowner to which Mr. Breese referred. He asked for a minute to review the letter. Chair Wische opened the floor to public comment. David Core, Attorney with St. John, Core & Lemme, P.A., 1601 Forum Place, Centurion Tower, Suite 701, West Palm Beach, FI 33401, spoke on behalf of the Nautica Sound Homeowners Assodation, Inc., which was the association managing the property immediately adjacent to the proposed Meadows project. The Association had authorized him to appear on behalf of the homeowners who would be affected by the plan modification and new site plan, if approved. The members of that group wanted the board to be aware of their objections to this proposed plan modification and site plan for the following reasons: 2 Meeting Minutes Planning Be. Development Board Boynton Beach, Florida July 25, 2006 . The Association and affected owners believe the proposed modification is substantial under the terms of the Code and should not be approved. . The staff report did not address any potential environmental impacts posed by the plan. Gopher tortoises, a species protected under law in Florida, had been sighted in the vicinity where the townhomes would be built. . The property at issue was initially approved for recreational purposes under the original master plan. The proposed project would reduce the size of the lake and turn it into a retention or drainage pond to be used exclusively for residential purposes. He did not note any new recreational amenities or facilities under consideration to offset this change. Mr. Core maintained the proposed project did represent a major modification and warranted further study and review by the board and the applicant. The Association requested the project not be approved, or be deferred pending additional studies. Attorney Tolces commented the developer would have to submit information on the environmental impact at the time of permitting. Diane Schrader, 7164 Chesapeake Circle, Boynton Beach, was concerned for the fate of the tortoises and egrets, should the project be approved. The residents of Nautica Sound would have a road right behind their houses and while the residents of the new project would overlook the lake, the Nautica Sound residents would have to look into the backyards of the new homes. They were concerned about dumpsters, light poles, noise, parking and traffic. The residents of Nautica Sound were convinced their property values would drop significantly if the .--project were to be completed. Ms. Schrader contended there were other places on the property in question where the homes could be built that would not have such an effect on the homeowners of Nautica Sound. In response to a question from Mr. Cwynar, Ms. Schrader noted she was able to tell the difference between regular turtles and tortoises, although an environmental study would have to determine that. Chair Wische recognized the presence in the audience of Mayor Taylor, Vice Mayor McKoy, and Commissioners Ensler and Ferguson. David Katz, 67 Midwood Lane, Boynton Beach, The Meadows, appreciated the point of view of the Nautica Sound residents, but noted the site plan and modification was for The Meadows and not for Nautica Sound. Everyone in the Meadows was in favor of it. The applicant had met all the requirements and elements set forth by staff. He praised the developer, saying they had made enhancements to the property and addressed the concerns of the persons in the apartments. Steven Cohen responded there was an existing berm between Nautica Sound and this property and that would be kept as it was, but be reinforced with landscaping that would bring it up to what it was when initially built. It would act as a buffer between the roadway and Nautica Sound as well as the units that would face the lake. There would be a minimum of 75 feet from the units to the property lines of the Nautica Sound residents. Their lighting was designed with photometries, so no lighting would flow over onto the property of surrounding residents. They understood the concern about the tortoises and would take the appropriate steps necessary to 3 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 protect the species that were there. The lake size was to remain the same (depth, width, length), but would be reconfigured. The existing lake would not be used for retention. There were other lakes in the area that tied in to retention areas. Mr. Cohen declared they had done a traffic study along Meadows Drive and no additional turn lanes would be required, based on the trips being generated today. All appropriate engineering plans had been completed and would be submitted to the Oty upon approval. Julie Waresh, 7108 Chesapeake Cirde, Boynton Beach, asked why the Oty had erred in its notice to the surrounding residents at the previous meeting. If she had not noticed it and brought it to the Oty's attention, many Nautica Sound residents would not have had an opportunity to voice their opinions on the proposed project. When they did notify the Nautica Sound homeowners, the City did not mention the proposed project would abut Nautica Sound. They were concerned about lights, noise and dumpsters. They felt the developer was "shoe horning" town houses behind a long-existing single-family development. If the proposed project actually did abut Freedom Shores School, why could they not fill in the other side of the lake, put the town houses against the school and to the north against the retention pond and not up against the backyards of Nautica Sound? Attorney T olces administered an oath to latecomers who planned to testify. Kris Fearnley, 7092 Chesapeake Cirde, Boynton Beach, was concerned about impacts on lighting, trash, and traffic. His house had been robbed recently and an increase in people would, he felt, increase the likelihood of crime in the area and put a strain on the Police. Chair Wische closed the floor to public comment when no one else came forward. Vice Chair Hay asked if staff had the proper documentation on the tortoise matter, and Mr. Breese responded they did not and this would be addressed during permitting. Ms. Jaskiewicz inquired whether this would be the last poSSible project for The Meadows, and Mr. Breese responded if this project were approved, they could build one more unit. Ms. Jaskiewicz also asked if the chosen location was the only feasible place on which the project could be built and Mr. Breese confirmed that was the case. Ms. Jaskiewicz calculated the density was sHghtly more than 4 units per acre, and Mr. Breese concurred. Ms. Jaskiewicz did not believe it could be classified as high density. Ms. Jaskiewicz inquired whether the berm could be enhanced to make the Nautica Sound residents more comfortable, and Mr. Cohen responded they were re-Iandscaping the berm and replacing trees blown down by recent storms. They were also going to sod it and add new ground covers. Mr. Breese commented that was actually a condition of approval. Ms. Jaskiewicz noted they had to meet some 50 conditions of approval. Mr. Casaine noted when this project was first brought before this board, a series of points was brought to its attention. One of them was this project was a continuation of the apartment buildings that already existed and at one time, had been approved by the City. Based on that information, they had some "room" in the decision-making process. At the time, they did not know that Nautica Sound would be affected. If they had realized that, the items brought to the board's attention at this meeting would probably have been examined more closely to determine if the positions of the Nautica homeowners were correct in regard to the tortoises, 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 dumpsters, lights, roadway, access and so forth. He felt the apartments as they existed previously were inadequate and unsightly. That changed when this developer took it over and made them cleaner, fixed the entrances, built a clubhouse beside them, painted the apartments, and reduced the number of leased apartments. Mr. Casaine did not believe the quality of life of people in over 40 homes in Nautica Sound should be jeopardized and he called for a speedy review of their concerns. He believed that with all that was going on with the apartments, steps could be taken to assure the quality of life of the Nautica Sound residents would not be affected, but that had to be more closely examined. Motion Mr. Casaine moved the Master Plan Modification be tabled until the items brought to the board's attention at this meeting had been studied to make certain it was in compliance with what was anticipated previously. Vice Chair Hay seconded the motion. Attorney Tokes advised there needed to be a date certain for tabling an item. Mr. Casaine added that the item would be tabled until the next Planning & Development Board meeting on August 22, 2006. Mr. Breese asked for clarification on what Mr. Casaine wanted to be studied, other than the tortoise situation that would be addressed during permitting. Mr. Casaine responded he was talking about the parking lot, lights, dumpsters, and roads. Mr. Breese replied they had all been addressed in the staff report. Mr. Casaine remarked the only thing that was not in the staff report was that the project was up against the Nautica Sound development. Mr. Breese replied the staff report did indicate the distance separation between it and Nautica Sound; it talked about the setbacks that exist in Nautica Sound versus the setbacks being proposed. Mr. Casaine acknowledged that was the case, but since Nautica Sound had not been notified of the previous meeting and did not have time to listen to the comments from the board, to satisfy them that their concerns were reviewed and taken into consideration, the project should undergo further review. Chair Wische declared this board went by proper zoning and codes and ordinances. Staff had mentioned the proposed project complied with all of them. It was the kind of building that was happening all over, as long as projects met the Codes, ordinances and regulations. Mr. Saberson confirmed with Mr. Casaine that his motion was to table the project so a closer look could be taken at the points brought to the board's attention by the residents at this meeting. Chair Wische responded staff indicated they had discussed those points in the staff report. Following an inconclusive vote, Chair Wische asked for a roll call vote. Vote The motion to table failed 2-4, Chair Wische, Mr. Cwynar, Ms. Jaskiewicz, and Mr. Saberson dissenting. 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 Motion Mr. Cwynar moved to approve the request for Master Plan Modification for the addition of 34 town homes to the Meadows Planned Unit Development (PUD). Ms. Jaskiewicz seconded the motion. Chair Wische asked for a roll call vote. Vote The motion passed 4-2, Mr. Casaine and Wee Chair Hay dissenting. B. New Site Plan 1. Project: Agent: Owner: Location: Description: Meadows Townhomes (NWSP 05-032) Steven L. Cohen & Associates, Inc. Boynton Meadows, LLC 100 Meadows Circle Request for New Site Plan approval for 34 townhomes and related site improvements on a 7. 966-acre tract within the Meadows Planning Unit Development (PUD). Ed Breese presented the request. Conceptual drainage information was provided for the City's review and the information was deemed to be adequate at this time with further review at the time of permitting. The egress to the site is through the condominium project running north to a cuI de sac returning the same way. The PUD regulations require the buffers and setbacks to mirror those of surrounding properties. The Nautica Sound development to the west was approved with rear setbacks of 15 feet abutting the proposed Meadows Townhome parcel. The closest any of the townhouse units are to Nautica's east property line would be 20 feet 5 inches at the northwest corner of the townhouse property. Most typical buildings were 40-60 feet away from the Nautica Sound property. At the south end of the property, the townhomes are proposed to be in excess of 110 feet from the first condominium building in the Meadows on the Green complex. The seven townhome buildings are arranged around the lake in clusters of four and six units ranging from 1,638 and 1,665 square feet under air. Staff recommended approval of the plan since it was in compliance with PUD regulations. Chair Wische asked Mr. Cohen whether the applicant agreed with an conditions of approval, and the response from Mr. Cohen was in the affirmative. Mr. Cohen thought the project would enhance the neighborhood and secure the safety of the residents. They were all two stories, but when standing on the second floor, the neighbors behind would not be affected, because there was 11 feet from floor to floor and an average height would be six feet tan. There were only two units that looked over the Nautica Sound property; the rest faced the opposite direction, east towards the lake. Ms. Jaskiewicz noted some of the comments heard from the residents at this meeting were included in the conditions of approval, so they could feel some comfort that a shovel could not be put in the ground until those conditions were met. Chair Wische opened the floor for public comment. 6 c', 11.f'--?'c/ ~ 4/<1/"'" I.'. -'7. t/-11...~. ~ / . ./vJ ~.vp (11kh~/ && , ~ 8-1/(:. Zf" UPDATE AS OF JULY 26, 2006 Some owners in Nautica Bound had been noticed on July 10, 2006 that a he<<ring would take place in reference to 3~ town homes in the meadows. We woro not told that a hearing h~d taken place on June 27, 2006 and that the planning and Development Board had approved this to go in front of the City Comndss1oners on July 18, 2006. An owr.er found out about this hearinq and contacted the city to inform thQrn that _ had not been noticed. The city then removed this from th~ commissioner' is agecda and sent back to Planning and development again to be heard again on July 25, 2006. At a Board of Directors ttleQting on July 19, 2006 the Board voted to contact the Associations Attorney to get his advice on how we as an association Bhould handle this matt.e~~ '!'he attorney suggested. that he attend this hearing on our behalf and to have a court reporter there to have everything on official records if we should need it. At the hearing on July 25, 2006 our attorney along wi"t.h home owners attended this meeting in front of the planning and Development board. Which several of us spoke. At no time did the Board say anything to the developer's agent of why we were not noticed and acted as if it is somathing that happens often. Althouqh the Board had to hear us on tilis, it was obvious that Chairman, Wische was not interested J.n what we had to say and a vo te was taken and by a vote of 4 to 2 was approved. OUr Attorney feels that we still have some leveraqe and will be looking into some case law for us. And this is not over.... . There will be a Board meetinl1 at the clubhouse on Monday August 7'rJ:1, 2006 at 7:00 PM. We have asked City Cormrissioner McKoy, the commissioner for our district to attend and waiting his r~sponse. Whether be attends or not we need you there. We also need you at the Aug 15, 2006 meeting at the city of Boynton Beach were this will come before the city commissioners. We need to show them that we etre a uni ted communi ty. ! urge you to contact the city c~ssioners by email_go to www.boynton-beach.org and click on Mayor/Commissioners and you can click on each ones &mail address or you may fax: a letter to them at 561-742-6011- ~~~ Blair & Diane schrader 7164 Che~apeake Circle 561-432-4358 fcall 561-670-8157' email diane@schraderbeds.co~ 3 ~ oY C he So-.?~ ~'?y: bG,YA.-J.cn 15~ FL ~ ~<.{ 3b .:5"G ( {il J 2G' '/, rr=:;ECE!VED I --~ r AUG - 1 2006 I ! l I I -...-.-.--.......-.-.....--.-! . I '"'1"1'1 iUI!l . ! ~ r.[.n ~ C' n r"FI(". \ L ! r i\'!nryll,bch ,j ur- I ,t I l_n._._._____.._.__....._.........___, ~\1':".~k< i . '\ / .. .. .\ r .. . I . /"" ~\ C v }- ".-;.".., '. .... ..); Y' ", j~, < '-" ',;:; -,' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI 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 Ci tv Clerk's Office 0 August 1, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon) 1SI August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2,2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements 1SI Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o "'.--., .~,_l, ( -' RECOMMENDATION: Please place this request on the August 15,2006 City Connnission Agenda ~er '.< < Public Hearing. The Planning and Development Board recommended that the subject request be approved, on Jmy 25, 2.Q"Q6. For further details pertaining to the request, see attached Department Memorandum No. 06-129. . ..~ ...---- ;,1 EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: --.-j .~ . '\ ;.:") Meadows Townhomes (NWSP 05-032) Steven L. Cohen & Associates, P.A. Boynton Meadows, LLC 100 Meadows Circle Request for New Site Plan approval for 34 townhomes and related site improvements on a 7.966 acre tract within the Meadows Planned Unit Development (PUD). PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A ~ Developm~epa ent Direc~ ~ City Manager's Signature t/JJ6 ~D riz. f)tfL ./ Planning and Zoning ector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\Agenda Item Request Meadows Townhomes NWSP 05-032 8-15-06.dot Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-129 STAFF REPORT Chair and Members Planning and Development Board and City Commission Michael Rum~ Planning and Zoning Director Ed Breese ~ Principal Planner June 16, 2006 Meadows Townhomes / NWSP 05-032 New Site Plan Property Owner: Applicant: Agent: .. Location: PROJECT DESCRIPTION Boynton Meadows LLC Mr. Jonathan Agus Mr. Steven Cohen - Steven L Cohen & Associates, P.A. 100 Meadows Circle, north of Meadows Boulevard, approximately 2,500 feet west of Congress Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Low Density Residential (LOR) (4.84 du/ac) / Planned Unit Development (PUD) Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: No Change Request site plan approval for 34 townhouse units 7.966 acres (346,978 square feet) Freedom Shores Elementary School, with a land use designation of Moderate Density Residential (MOOR) and zoned Single-Family Residential (R-l); Immediately south are developed condominiums In Tracts G & H of the Meadows PUD (Meadows on the Green, fl<a Oub Meadows), and farther south are the rights- of-ways of Meadows Boulevard and Springfield Boulevard; Staff Report - Meadows Townhomes (NWSP 05-032) Memorandum No PZ 06-129 Page 2 East: To the northeast Is Freedom Shores Elementary School, with a land use designation of Moderate Density Residential (MOOR) and zoned Single-Family Residential (R-!) and to the southeast are developed condominiums In Tracts G & H of the Meadows PUD (Meadows on the Green, fka Club Meadows); and West: Developed single-family residential (Nautica Sound PUD), with a land use designation of Low Density Residential (LOR) and zoned PUD. Site Characteristic: According to the survey, the subject site is currently developed with only a 3.12- acre lake and a portion of the pathway that borders the lake and continues onto Tract G (Meadows on the Green Condominiums). Also, a bermed buffer easement runs along the west side of the parcel abutting Nautica Sound PUD, along with a lO-foot wide FPL easement. The highest elevation Is a pOint 17.79 feet above sea level, located near the northeast comer of the property. Proposal: Concurrency: Traffic: Drainage: School: Driveways: BACKGROUND Mr. Steven Cohen, agent for Boynton Meadows LLC, proposes to develop the subject property with 34 townhouse dwelling units. Approval of this project is contingent upon the approval of the corresponding request for Master Plan Modification of the Meadows PUD (see Exhibit "c" - Conditions of Approval). The project also involves the slight reconfiguration of the lake and pathway amenities and would be built in one (1) phase. ANALYSIS A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review In order to ensure an adequate level of service. The City received a letter from Palm Beach County Traffic Division, dated June 7, 2006, indicating that the project is partofa pre 1990 approved PUD, and therefore meets the Traffic Performance Standards of Palm Beach County. 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 spec/fie drainage solutions be deferred until time of permit review. All South Rorida Water Management DIstrict permits and other drainage related permIts must be submitted at time of building permit (see ExhibIt "C" - Conditions of Approval). No confirmation of school concurrency has yet been received from the School DIstrict of Palm Beach County. Therefore, no building permits may be Issued until the School District of Palm Beach County confirms that adequate capacity exists to accommodate the proposed 34 dwelling units (see Exhibit "C' - Conditions of Approval). The site plan (Sheet A1.2) shows that one (1) point of Ingress I egress Is proposed at the southwest comer of the property, runnIng south through the Meadows on Staff Report - Meadows Townhomes (NWSP 05-032) Memorandum No PZ 06-129 Page 3 the Green Condominiums and connecting to a short drive running west off of Meadows Boulevard. This entrance / exit, when scaled from the plans, appears to be approximately 44 feet in width, with four (4) 10 foot lanes and a landscape island/median between. This drive is proposed to be gated from the condominium complex immediately to the south. Parking Facility: The project consists of three (3) bedroom dwelling units, which require two (2) parking spaces per unit. The project proposes 34 residential units and therefore, would require 68 parking spaces. The applicant has provided 85 parking spaces, or an excess of 17 spaces. The parking Is proposed along the drive aisle in front of each building. Parking spaces are dimensioned 9.5' X 18.5', with a drive aisle dimension of 25 '. Landscaping: According to the site plan tabular data (Sheet A1.2), the proposed pervious area would total 37,11% of the site. Additionally, 3.12 acres of the subject property would be set aside for the existing lake centrally located on the parcel. The landscape data (Sheet LP-2) Indicates that 73% of the shade and palm trees would be native. The landscape data indicates that 51% of the shrubs would also be native. The plan shows that a bermed landscape buffer 18-feet in width exists on the west perimeter of the property, abutting Nautica Sound PUD. This berm is planted with areca palms in an effort to form a solid landscape buffer. Staff recommends that any gaps within the existing buffer, due to missing or damaged landscape material, be planted with areca palms similar in size, to re-establish the landscape buffer (see Exhibit "C" - Conditions of Approval). A five (5) foot landscape buffer is proposed along the north property line abutting Freedom Shores Elementary School. The landscape plan indicates that the north buffer would also contain areca palms to be planted at a height between 5 and 6 feet, and the east buffer along the school Is designed to vary In width to follow the walking path around the lake and would contain Uve Oak, Gumbo Umbo and Orange Geiger trees, as well as Sabal palms. The south buffer abutting the Meadow on the Green condominium complex Is proposed to be planted with Gumbo Umbo and Yellow Elder trees. The typical landscape design around the townhome buildings consists of silver buttonwood, firebush, and myrsine material/foundation plantlngs, thryallls, fakahatchee grass and arblcola accent shrubs, along with Orange Geiger and Silver Buttonwood trees and Alexander and Sabal palm trees. Building and Site: The PUD regulations require that perimeter buffers and setbacks within PUDs must mirror those in abutting development to ensure adequate separation between buildings. The building setbacks In the Nautlca Sound Planned Unit Development to the west were approved with rear setbacks of 15 feet abutting the proposed Meadows Townhomes parcel. As mentioned earlier, there Is an existing 18 foot bermed landscape buffer on the proposed town home parcel adjacent to Nautlca Sound. The dosest any of the town home units are proposed to Nautlca Sound's east property line Is 20' - 5", at the northwest comer of the townhouse property, with the aforementioned landscape benn In between. At the northeast comer, the townhomes would be setback 28' - 8" from the Freedom Shores Elementary School Staff Report - Meadows Townhomes (NWSP 05-032) Memorandum No PZ 06-129 Page 4 Design: Signage: property line. Finally, at the south end of the property, the townhomes are proposed to be In excess of 110 feet from the first condominium building In the Meadows on the Green complex. The seven (7) townhome buildings, totaling 34 units, are arranged around the lake in clusters of four (4) and six (6) units. The elevations show that the mean height of the two (2) story homes measures to 25 feet taff and the peak of the roof would be 31 feet - two (2) Inches tall, well below the maximum height affowed In the PUD zoning district of 45 feet. The project proposes the townhouse units as three (3) bedroom/2.5 bath, with air-conditioned living areas ranging between 1.638 and 1,665 square feet. Architecturally, the design of the buildings would probably be considered "contemporary", with a blend of "colonial-style" features. The town homes would be two (2) stories tall, with a hip/gable roof combination. The proposed roofing material would be a Certainteed shingle roof tile caffed "Reldstone", which has the appearance of a variety of umber earthtones. The elevations show that the exterior finish of the waffs would be textured stucco. The applicant Is proposing the following colors: The lower portion of the exterior wall area would be painted a medium tan (Benjamin Moore - Beeswax #2157-40). The body of the wall area, which contains the greatest portion of mass, would be painted a light tan color (Benjamin Moore - Crisp Straw #2157-50). The accent moldings and fascia would be a cream color (Benjamin Moore - Tudor Cream #2157-60). The columns and decorative moldings at each doorway and decorative louvers would be painted an ivory white color (Benjamin Moore - Ivory Tower#2157-70). lastly, the doors, shutters and decorative railings would be a muted green color (Benjamin Moore .... Aegean Teal #2136-40). The applicant is proposing a monument sign, approximately four (4) foot taff by eight foot in width, painted to match the townhouse waif colors, and black lettering. The sign is proposed In the landscape Island at the gated entrance to the sIte. RECOMMENDATION: The TechnIcal Review Committee (TRe) has reviewed this request for new site plan approval. Staff recommends approval of the site plan, subject to approval of the assodated master plan modification (MPMD 05-013) and 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. 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I! -. ,. :-t r ~. i= ~ !:=C D': :::: ":i I,,'.,IUI" "," B E f.f !e!".: I " ~, ~ .~ i~ .! " J~' l ! i: ~ !,,!I:J II ."lile, JA I:' il I _l 1- I r...... ---i ~ ~ ~ ~ .~?!) , e> I .; , I I /'; .. I , ( : g , ; j / , , "",i.~-=, ~ !fIlM,:. ~~,f' .~~ ~::.' I · . ~ I . .If",. l'>:"'"' .~ ""'W":.' ..' 1;; . . ;~: ? if. ; ,.: j .1 j : ~ ! I .. )l). ' ~ 1 ' << f'~ ., ",,; , ? T i ; ': 1~1.. # t , , I -l~r@ ~ . ~ Ii fi !i Ii Iii; f I 'I.IUIIIII I I! ' " IKmI1OIIIrADOWS 1l*tlOIO u.c J4 UNIT ~m.tENT 100 IlUtDoIlS CIIQ,[ 101IIlON 8(ACII. 1l0lmA . STEVEN L.. COHEN . ....._......... AND A..DaIATE., P.A. ~_. ..- --........~--- -, W.I1\'PMt.. ...........II1ft,. .....,.l.AUM..~~~f.,.U ...-....-. .... EXHIBIT B t': :::: 'o;i .'1"1"111" ISi ~ ~ ~f~o r~ I II ~II J'" ; i~ '! ~I::fl,l ,. . '~Isl'b J1 " ,:' is 'I lr f;- ~ Ii ~ ~Il if"" i ._ ~I ~ ' ) , " <: .... \' J S ~ ! / I I I // I i I ".-=:-:.-:!--.:.-.:_-=-. , L !'.'t '(~ ~. E>>\!J .~ Ii I f! 'i J!!! ~li" Of g, o " fl ri !i Ii Ii fi I 1I1111111rl Ii I f I I ;\ " I' I' @,. I<~ )~ . J f::t> .M ....., '" ~ w ~j 61" ~ 1O'llfllIl MEAIlOWS 1ll'IIIlOIIES u.c J4 UNIT DE\e.OPNENT . tOO IIEADOWS ClRQ.[ 80ltITCN BEAOt. f\.MI)A b ~1 4. ~.. ,.,' ~. '@~:!"'~' ~, B> 1." ,r.....t".. ~: ..r," J<L~~~~. ~ '.-r " '~!. ... -,i ~?' ~. :' ~ B> +> STEVEN L. CDHEN . .............--~ AND A..DDIATI:., P.A. ;:.-~. u ............ ---- .M1 W. DYIltIE.. __ElI:.... __ ,. ....tIT t.Auo........... .......... ..... ......... ...... .",-,.,. _________1_ EXHIBIT B Conditions of Approval New Site Plan (j.J..) 18rr ['e II Project name: Meadows POO File number: NWSP 05-032 Reference: 3rd review lans identified as a Ma' or Site Plan Modification with a Ma , 26, 2006 Planning & Zoning- date stamp marking I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Conflict between Gumbo Limbo (BS) and dumpster enclosures. Relocate X BS or replace with non-canopy trees, based on necessary revisions to Landscape plans. PUBLIC WORKS - Traffic Comments: 2. Add signage identifying resident and visitor lanes. X 3. Identify call box location on plans. X ENGINEERING DIVISION Comments: 4. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 5. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 6. Upon satisfactory Commission approval of the Site Plan, the applicant shall X enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the Site Plan review to expedite issuance of the Land Development Permit. 7. Provide written and graphic scales on all sheets. (Landscape Plans) X 8. Photometric plans does not agree with Landscape, Site and Civil plans for X light pole locations - please correct. Staff recommends increasing the number of poles and reducing lighting intensity to provide overall lighting levels closer to I-foot candle average. Most of the site is well in excess of the 1 foot candle required, with "hot spots" of 10 foot candles plus in the immediate vicinity of proposed li2ht pole locations. 9. Revise Landscape plan to reflect site plan changes (i.e. dumpster enclosure X orientation, li2ht pole locations, etc.). 10. Full Drainage Plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. COA 06/23/06 2 DEPARTMENTS INCLUDE REJECT 11. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of BOyTIton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 12. Please provide a detailed timeline that clearly illustrates when water and X sewer services will be required to serve the proposed project. Your starting date for the time line should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. Need dates prior to Planning & Development Board meeting. 13. All utility easements shall be shown on the Landscape Plans (as well as the X Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. Relocate light poles and canopy trees out of utility easements. 14. Palm Beach County Health Department pennits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 15. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b)), at the time of permitting. 16. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application fonus 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. 17. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 18. Water and sewer lines to be owned and operated by the City shall be X COA 06/23/06 3 I DEPARTMENTS INCLUDE REJECT included 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). Easement shall be centered on the sanitary sewer main and width shall be determined by using two (2) times the depth of the sewer line. Easement widths will be finalized at the time of platting and permitting. 19. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 20. A building pennit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 21. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: 22. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 23. 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. COA 06/23/06 4 DEPARTMENTS INCLUDE REJECT 24. 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 (pst) on the plans for the building design. 25. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. .- 26. At time ofpennit review, submit signed and sealed working drawings of the X proposed construction. 27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 28. 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 pennit shall be submitted at the time of permit application, F.S. 373.216. . 29. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building pennit application: . The full name of the project as it appears on the Development Order and the Conunission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Conunission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 30. At time of pennit review, submit separate surveys of each lot, parcel, or X tract. 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. 31. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land. . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building numbers must be provided. The building numbers must be the same as noted on the Conunission-approved site plans. . The number of dwelling units in each building. COA 06/23/06 5 DEPARTMENTS INCLUDE REJECT . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(t)) 32. 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. 33. 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: 34. All shade trees must be a minimum of 12' feet to 14 feet in height and have X a three (3) inch caliper at DBH (4.5 feet off of ground). FORESTER/ENVIRONMENT ALIST Comments: 35. The Landscape Architect should tabulate the total existing trees on the site. X The tabular data should show the individual species of trees proposed to remain in place, be relocated throughout the site, or removed / replaced on site. All desirable species of existing trees must be relocated rather than removed if the trees are in good health. These trees should be shown by a separate symbol on the landscape plan sheets Ll- L5. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] Plant Material Sheets LP-l.2 X 36. All shade and palm trees listed must be shown in the description as a minimum of 3" DBH (4.5' off the ground) [Environmental Regulations, Chapter 7.5, Article n Sec. S.C. 2.1 37. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitoring report for two years is required of the developer. 38. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Coco plum hed2e plants on three sides. 39. There is no irrigation system design included with the site plans. The X COA 06/23/06 6 DEPARTMENTS INCLUDE REJECT irrigation design should be low-flow for water conservation. All shade and palm trees should receive irrigation [rorn a bubbler source. [Environmental Regulations, Chapter 7.5, Article II Sec. SA.] PLANNING AND ZONING Comments: . 40. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. --- 41. Approval of this site plan is contingent upon approval of the accompanying X request for Master Plan Modification. 42. Provide copy of the recorded ingress/egress easements that provide access to X this project at time of plat. 43. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building I permit. 44. Provide response from the school regarding potential access for school X children in the neighborhood via a gate in the fence and improved walkway. X 45. Landscape drawings indicate an existing 18 foot tall Areca Palm buffer along the west perimeter. Any gaps in the landscaping shall be filled in with like-size Areca Palms and this buffer shall be dense, so as not to allow headlights to show through. 46. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). 47. Staff recommends screening the at-grade NC units proposed behind each X unit with native hed,ge material. 48. Provide information on the parking for the project to the south to ensure that X the loss of two (2) parking spaces to create the entry drive to this project does not adversely affect the required parking for the previously approved project. 49. The project appears to lack the customary recreational amenities. If you X intend to utilize facilities located elsewhere within the PUD, please submit letter of authorization. 50. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" Program and must demonstrate their participation. COA 06/23/06 7 I DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I j , 1. To be determined. I MWR/sc S;\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows TownhomeslNWSP 05-032 Townhomes\COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Meadows Townhomes APPLICANT'S AGENT: Steven L. Cohen & Associates, P.A. APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102 Ft. Lauderdale, FL.33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006 TYPE OF RELIEF SOUGHT: New Site Plan approval for the construction of 34 townhouse dwelling units. LOCATION OF PROPERTY: 100 Meadows Circle, north of Meadows Boulevard, approximately 2,500 feet west of Congress Avenue. 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:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\DO.doc Meeting Minutes Planning &. Development Board Boynton Beach, Florida July 25, 2006 Motion Mr. Cwynar moved to approve the request for Master Plan Modification for the addition of 34 town homes to the Meadows Planned Unit Development (PUD). Ms. Jaskiewicz seconded the motion. Chair Wische asked for a roll call vote. Vote The motion passed 4-2, Mr. Casaine and Wee Chair Hay dissenting. B. New Site Plan 1. Project: Agent: Owner: Location: Description: Meadows Townhomes (NWSP 05-032) Steven L. Cohen & Associates, Inc. Boynton Meadows, LLC 100 Meadows Circle Request for New Site Plan approval for 34 townhomes and related site improvements on a 7.966-acre tract within the Meadows Planning Unit Development (PUD). Ed Breese presented the request. Conceptual drainage information was provided for the City's review and the information was deemed to be adequate at this time with further review at the time of permitting. The egress to the site is through the condominium project running north to a cui de sac returning the same way. The PUD regulations require the buffers and setbacks to mirror those of surrounding properties. The Nautica Sound development to the west was approved with rear setbacks of 15 feet abutting the proposed Meadows Townhome parcel. The closest any of the townhouse units are to Nautica's east property line would be 20 feet 5 inches at the northwest comer of the townhouse property. Most typical buildings were 40-60 feet away from the Nautica Sound property. At the south end of the property, the townhomes are proposed to be in excess of 110 feet from the first condominium building in the Meadows on the Green complex. The seven townhome buildings are arranged around the lake in clusters of four and six units ranging from 1,638 and 1,665 square feet under air. Staff recommended approval of the plan since it was in compliance with PUD regulations. Chair Wische asked Mr. Cohen whether the applicant agreed with all conditions of approval, and the response from Mr. Cohen was in the affirmative. Mr. Cohen thought the project would enhance the neighborhood and secure the safety of the residents. They were all two stories, but when standing on the second floor, the neighbors behind would not be affected, because there was 11 feet from floor to floor and an average height would be six feet tall. There were only two units that looked over the Nautica Sound property; the rest faced the opposite direction, east towards the lake. Ms. Jaskiewicz noted some of the comments heard from the residents at this meeting were included in the conditions of approval, so they could feel some comfort that a shovel could not be put in the ground until those conditions were met. Chair Wische opened the floor for public comment. 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 David Core, Attorney with St. John, Core & Lemme, Centurion Tower, Suite 701, 1601 Forum Place, West Palm Beach, FI 33401, stated that one of the findings and determinations this board had to make in order to pass this on to the Commission was that the site plan would not generate, among other things, excessive traffic and noise. Staff and the agent represented the closest unit would be 20 plus feet from the Nautica Sound homes, and most would be 40-60 feet away. He believed a road width in Boynton Beach should be 20 feet on center. That would mean a 40-foot road from end to end on the roadway that runs through the north end of the cui de sac and then returns back. If most of the units are 40-60 feet from the Nautica property lines, when any unit owner in the townhomes would be returning to the public thoroughfare from that roadway, they would be as close to the property line as could conceivably be possible under human circumstances, not Code circumstances. He submitted to the board that the traffic generated from 85 parking places, when at full capacity, would create a substantial increase in noise and traffic. This board had to make a finding that this site plan would not create that effect, among others. He could not see how the board could make a finding that this project would not generate excessive noise and traffic, as currently planned. This project impacts Nautica Sound and Nautica Sound needs to be considered. Brenda Sansaricq, 7080 Chesapeake Circle, Boynton Beach, spoke as a resident directly affected by the proposed project. She directed her remarks to the agent, Steven Cohen. Ms. Sansaricq declared Nautica Sound was a zero lot line community. Ms. Sansaricq is a real estate agent who sells homes and she did not believe she would be able to sell any more homes in Nautica Sound if this project went through. Having someone 20 feet behind you was like having no space at all. She believed the proposed project would destroy the beauty of Nautica Sound as well as the property values. She felt some kind of nature should be kept in the neighborhood. David Katz, 67 Midwood Lane, The Meadows, Boynton Beach, had lived in the area for 30 years. He had not come before this board to complain when Nautica Sound was developed and that was 400 homes. The proposed project was only 34 homes. Abutting recreational land was available in two sections and put together, comprised a 7-acre parcel. There was a vacant piece of land in The Meadows and to the west of it, there was a recreational piece of land for Nautica Sound. That would never be developed. He had seen egrets on the two vacant pieces of land, so they would not be displaced by this project. The Meadows did not have a problem with this project, and it was their PUD. The number of traffic in trips would not affect Nautica Sound. If anybody, they would affect The Meadows, and The Meadows had no problem with this project. Jacqueline Peterson, 7204 Chesapeake Circle, Boynton Beach, expressed concern for noise pollution. Their house was exposed to loud music at all hours of the day and night, often until 1 or 2 a.m. in the morning. She was concerned about the amount of noise the proposed project might create. She expressed total disapproval and asked the developer to find another place to build the units. Diane Schrader, 7164 Chesapeake Circle, Boynton Beach, used one of the elevation drawings for the proposed project to point out the berm and their houses, saying they would look out over a roadway with a gate. She realized the proposed units would be sold for approximately $300K; however, the units that had been converted from apartments to condominiums were still occupied by people who were not homeowners of $200K units. If investors bought them, they would eventually have to be rented. Anyone looking out his or her 7 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 back door would be able to look into her master bedroom. She thought it was wrong. She understood they were entitled to build these units back in 1978. But once they built a lake in 1986, they all assumed they would not be doing any more building. There were other places the units could be placed. She asked why they did not block the condos in The Meadows instead of blocking their properties. She strongly believed her property values would go down if this project was approved, possibly by $150K to $200K. She thought that was unfair. If the project was going to go through regardless of their concerns, she hoped the developer would consider modifying the placement of the units to preserve the character of the Nautica Sound neighborhood. She asked the developers to reconsider the project and/or its location. Motion Mr. Saberson moved to approve staffs recommendation (of approval). Ms. Jaskiewicz seconded the motion. Ms. Jaskiewicz confirmed the staff conditions of approval were included in that recommendation. Following an inconclusive vote, Chair Wise he asked for a roll call vote. Vote The motion passed 4-2, Vice Chair Hay and Mr. Casaine dissenting. 7. New Business A. Development of Regional Imoact Amendment Master Plan Modification 1. Project: Quantum Park NOpe #16 (DRIA 06- 001) (MPMD 06-003) Eugene A. Gerlica, Quantum Group of Companies MFT Development, Inc. West side of 1-95 between Miner Road and the Boynton (C-16) Canal Request for Development of Regional Impact Amendment (DRIA)/Master Plan Modification (MPMD) to allow an increase in the maximum allowable dwelling units from 1,105 to 1,905 units and change in designation of lots 17, 52, 58, 102 and 103 to Mixed Use (MU). Agent: Owner: Location: Description: Eugene Gerlica, agent for applicant, 2500 Quantum Lakes Drive, Boynton Beach, responded they had received the complete staff report on the previous Friday, but were only able to look at it on the day before this meeting. It was their intention to reject all staff conditions of approval and they would present their case in support of that. They were willing to discuss all of the conditions and answer questions. 8 t" 1 (-<,.--;c.,:/) I.. A"~ t 4,C j~,~~t// . J lJ1~/ f~{,~~, 8' J'~ Cf-' UPDATE AS OF JULY 26, 2006 Same owners in Nautica Bound had been noticed on July 10, 2006 that a hearing would taka place in reference to 3~ town homes in the meadows. We wore not told that a hearing had taken place on June 27, 2006 and that the planning and Development Bo~rd had approved this to go in front o~ the City Comndssioners on July 18, 2006. An owr.er round out about this hearing and contacted th. city to inform thQID that _ had not been noticed. The c:i.ty then removEd this from the cormUssion&r'lS agenda and sent back to Planning and development again to be hQard again on July 25, 2006. At a Board of Directors meeting on July 19, 2006 the Board voted to contact the Associations Attorney to get his advice on how we as an association should handle this mat~e~.The attorney suggested_that he attend this hearing on our behalf and to have a court reporter there to have everything on official records if we should need it. At the hearing on July 25, 2006 our attorney a~ong wi~h home owners attended this meeting in front of the planning and Developm&nt board. Which several of us spoke. At no time did the Board say anything to the developer's agent of why we were not noticed and acted as if it is something that happens often. AI though the Board had to hear us on wis, it was obvious that Chairman, Wische was not interested ),n what we had to Bay and a vote was taLen and by a vote of 4 to 2 was approved. OUr Attorney feels that we still have some leveraqe and ~ill be looking into some case law for us. And this is not ever.._.. There will be a Board meetinq at the clubhcuse .on Monday August 7th, 2006 at 7:00 PM. We have asked City COIJmissioner McRoy, the commissioner for our district to attend and waiting h~5 respons~. liihether he attends or not we need you there. We also need you at the Aug 15, 2006 meeting at the city of Boynten Beach were this will come before the city commissioners. We need to show them that we are a uni ted communi ty. ! urge you to contact the city conmissioners by ernail_qo to www.boynton-beach.org and click en Mayor/Commissicners and you can click on each ones email address or you may fax a letter to thQlO at 561-742-6011- ., ~ 3 ~ o? C he SO-?~ ~,,~ brJ'y/t....J.cn 13~t... F'"L.:s. "3,<-ftj b .::Y"G ( bCf /2()' (if RECEIVED r r I l~ AUG __~~006j Lg!JJ rv1!~, ri~:~~R :~~QE! ICE re1y Blair & Diane schrader 7164 Che~apeake Circle 561-432-4356 fcell 551-610-6157' email diane@schraderbeds.co~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI VIII.-PUBLIC HEARING ITEM C. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon) [8J August IS, 2006 July 31,2006 (Noon) 0 October 17,2006 October 2,2006 (Noon) 0 September 6, 2006 August] 4,2006 (Noon) 0 November 8, 2006 October] 6,2006 (Noon) 0 September 19,2006 September S, 2006 (Noon) 0 November 21 , 2006 November 6, 2006 (Noon) NATURE OF AGENDA ITEM 0 Announcements/Presentations 0 City Manager's Report 0 Administrative 0 New Business 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [8J Public Hearing 0 RECOMMENDATION: Please place this request on the August 15,2006 City Commission Agenda under ~::C) ( - -,.~., Public Hearing. The Planning and Development Board recommended that the subject request be approved on Julji~5, 200~1 For further details pertaining to the request, see attached Department Memorandum No. 06-140. . '.c::, \,":J- ", ::.\ ---,-""'- ;\ ....'_.,~ EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: -:) DESCRIPTION: Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast corner of Congress A venue and Old Boynton Road Request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: JLL City Manager's Signature C/II0 ~- ~tuL ../ Planning and Zoning DOctor City Attorney / Finance S:\PlanningISHARED\ WP\PROJECTS\Red Lobster\NWSP 06-0] 8\Agenda Item Request Red Lobster NWSP 06-0 18 8-15-06.dot Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-140 STAFF REPORT FROM: Chair and Members of the Planning and Development Board and City Commission Michael Rump~~ Planning and Zoning Director Ed Breese ~ Principal Planner TO: THRU: DATE: July 10, 2006 PROJECT NAME/NO: Red Lobster Restaurant / NWSP 06-018 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: Neil Terwilliger of GMRI, Inc. Location: Approximately 450 feet north of northeast corner of Old Boynton Road and Congress Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC)/Community Commercial (C-3) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a 7,010 square foot restaurant and associated site improvements on Outlot #3 of the approved Boynton Town Center project. Acreage: 73,224.36 square feet (1.68-acres) Adjacent Uses: North: Undeveloped Outlot #4 of Boynton Town Center with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Entrance drive for Boynton Town Center from Congress Avenue, then farther south undeveloped Outlot #2 of Boynton Town Center(proposed RBC Centura Bank) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East: Undeveloped commercial property (proposed Target site) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 2 West: Right-of-way for Congress Avenue, farther west is developed commercial (Hops Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 235 feet deep and 310 feet wide. The subject parcel is one of the outlots associated with The Boynton Town Center (Outlot #3). It is the third parcel along Congress Avenue north of Old Boynton Road, fronting the proposed Target building. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Linda Nunn, representing 1950 Congress Avenue; LLC and GMRI, Inc., is requesting site plan approval for the construction of a 7,040 square foot restaurant on the loGS-acre parcel. Outlot #3 is one of four (4) parcels fronting on Congress Avenue with Community Commercial (C- 3) zoning as part of the approximately 25- acre site located at the NE corner of Congress Avenue and Old Boynton Road. The overall site plan for Boynton Town Center was approved by the City Commission on September 20, 2005, and while it depicted the outlots, the in-depth detail for each of the parcels was to be provided in the submittal of separate site plan applications for each. As such, Smokey Bones, along with Red Lobster, are the second and third of the lots respectively to submit for review, following last month's review of RBC Centura Bank. ANALYSIS A traffic statement for the entire Boynton Town Center and Village project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated February 1, 2005 , Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards, with conditions limiting the number of new PM peak hour external trips that could be generated by any new construction and linking them to required roadway improvements. Therefore, a monitoring matrix has been created between the City and the master developer's traffic engineer to assist in the issuance of building permits for the various phases, to ensure compliance with the overall development order. Additionally, a CRALLS (Constrained Roadway At Lower Level of Service) designation for various roadway linkages was adopted by Palm Beach County which recognized the difficulty of certain intersection improvements (i.e. additional turn lanes for certain turning movements at Old Boynton Road and Congress Avenue). As stated earlier, construction of this component of the project may only proceed with the initiation of the necessary road improvements noted in the Boynton Village & Town Center development order(see Exhibit "c" - Conditions of Approval). 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. Local piping and infrastructure Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 3 improvements may be required, especially on the water delivery system for the project, depending on 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 also currently available to serve the project. The applicant has already paid the capacity reservation fee for the entire master development. 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 (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed for the restaurant outlot. One driveway opening would occur at the southeast corner of the parcel, which would connect with one of the entry drives off of Congress Avenue for the Boynton Town Center project. A second point of ingress/egress is proposed at the northwest corner of the parcel, and serves as a cross-access drive with Outlot #4 to the north. Parking Facility: In the review of the master development for Boynton Town Center, parking was calculated on the basis of a shopping center, due to the nature of the mixture of uses proposed. According to the Land Development Regulations, shopping centers require one (1) parking space per 200 square feet of gross floor area. The site plan (Sheet C3) proposes a 7,040 square foot restaurant building, which would require 36 parking spaces. The site plan depicts 105 parking spaces, including five (5) designated for handicap use. Therefore, there would be 69 excess parking spaces provided. The master developer also entered into cross-access and cross-parking agreements, which provides for overflow parking in times of need. All spaces, excluding the handicap spaces, would be dimensioned 9 feet - six (6) inches in width and 18 feet - six (6) inches in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 16,817 square feet or 23.02% of the total outlot. The master plan for the entire Boynton Town Center was approved with a 20 foot landscape buffer along the west (Congress Avenue) side of the project, that included Live Oak and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among others. These 20-foot landscape buffer is the master developer's responsibility for installation and maintenance, along with various other site improvements, such as sidewalks and roadways. As such, no Certificate of Occupancy (CO.) will be issued for the Red Lobster Restaurant Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 4 without the installation and final inspection of these common improvements (see Exhibit "c" - Conditions of Approval). According to the landscape plan (LA-i), the applicant proposes to landscape around the parking areas and building utilizing Live Oak, Mahogany, Pitch Apple, Ligustrum and Tibouchina trees and Cocoplum, Copper Leaf, Spanish Stopper, Hibiscus and Ixora shrubs/groundcovers. A non- potable water source will be required for irrigation purposes. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The Red Lobster is designed as a one (i)-story structure, with an elevated entry/lobby area to provide mass in the architectural design of the building. The elevations (Sheets A2.0 & A2.1) indicate the typical parapet roof line would be at a height of 18 feet, while the ridge of the entrance hip roof would be 26 feet - 1 inch in height, well below the maximum of 45 feet allowed in the C-3 zoning district. Design: As noted above, architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The applicant proposes to incorporate design elements from the approved materials and color palette. The elevations show that the hip roof would be constructed of standing seam metal, medium brown in color. The building also contains corbelled stone veneer at the base of the building entry and a stone veneer base around the remainder of the structure at the watertable. The identity/corporate image of this restaurant chain is that of a New England waterfront seafood restaurant. The building elements previously discussed and the appearance siding through the use of scored stucco, hardiboard trim, porthole/nautical type windows and louvers, and gooseneck light fixtures, help further the theme. According to the elevations and materials board, the main bOdy color of the restaurant would be a dark beige: "French Toast" (Dryvit 400). The secondary body color would be a medium beige: "Sandlewood Beige" and the trim/accent color is proposed as white. The stone veneer at the base of the building would be a light tan: "Buffstone". Signage: The master developer is working on a Sign Program for the entire development. The review of all sign age for this project will be based upon the regulations contained within that final document. The elevation pages (Sheet A2.0 & A2.1) depict the proposed location of the wall signs on the building (south, east and west elevations, centered on the decorative gable roof ends and building entry). The main entry sign would consist of white letters on a blue background with a red lobster perched on top. The signs on the east and west elevations are proposed with red channel letters centered on the decorative gable roof ends. A key component of the Sign Program for Boynton Town Center is the sharing of monument sign space between tenants of the outlots, to minimize overall signage for the center. Tenant monument signs are intended to be located between outlot parcels, total approximately 40 square feet (5 foot tall X 8 feet in length), be uniform in design and match the architectural characteristic and theme of the other Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 5 site signage for the total project. In this particular case, the restaurant would share the monument sign space with the tenant of Outlot #4 to the north. All site signage, as noted earlier, will be subject to the Sign Program for the entire center(see Exhibit "C" - Conditions of Approval). RECOMMENDATION The Technical Application Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "CIf - 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\Red Lobster\Staff Report.doc ... 1 in. = 135.8 feet Red Lobster Exhibit A EXHIBIT B ~. -'* Ii: \O+4tOeOCIO\tIoDO\044to1OOO\fwt\RL-snE Pl.AN.6oot Itl - sP1 .... Ol. 2001 'IU1~ by. QorLc:Wl.... --.......-..-.........--- -..-"'-..--..,.......--- _...._~ --- -...----...--- ------...-.....--_... -...- -.,..-.----.... 11!!mimmi~ijmll;il' - ~!~;~ '.r'i UWI.111 "11111116 \ 1!;I!i i~;d;ilil!lI;1 H, I ! ilJIII: ,:ill,1 ! I i! ~:i I · "i ~ II' '11. ! II~ ' il!!!i ;iI!' ill! I i II Iii 1 !il~!;diii H I dHi: I 11~1.111 ;~il !I B n ,ii i ~ljl II. 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Ql woo ~ ~ ~ w . ~ . ~ Ii wf~ ~ PH II III fHi ." ~ if UP ~I g h s ~ ~ i I Pp II IIp ~ J: r ~r ~j~ i',J ~ 4 ij ~ r J ~ ~ 8 ~l ~ J: J .. ~ ~ l J: ~ II" "II ~ II .. ~ ;; ~ w w "n~ ;t ;:t ;t;t ;t !~q ~lpj~ . " "J: " ~ !- n .. ~ .. ~.....':f~ " ~ " ;J;r;rrc n H~ .':f.~ ~no ~;;t~ ~~ ;r " p"~<!! ~ ~ i' p ? ~ . St 0 ild r ~ I ff ~ ~ ~ 0 " z z z z z ~ ~ ~ ~ ~ iliili ili ili ili h! ~#i ~ ~ ~ . ~~~g)(g~Q~~ 0 ~ ~ "" CoI lI't .. ~ .... ....... , ~ 1- ~o-loH ~ i 5 . iEJ:EHp 0 ~ ~ UI~,! ~~ ;! .. i ~ i ~pf DC l III i $ 6 ~.Ot g J: I I! f ~I~~ j fa:;! ~ ~ ~ J: ,. ~ !l I I I HIIUI: ~ i " ~ ~ ~ fOt i~188 ! I z I ; i~8i~ ~ ~ I ~ ~ ~ .. BBng~ iI ;r B i ;j " iiI )()C)(X)()()(Xi " IHUUh J Ii ;j p ~~H~~H~ ~ p ~~~~~g~~3? z z z iB i i i ~~: ~Jt\ ..~ It '" ~ ~ 6 J\) ;, 1 I I I I . r I j i , I i r I . il' t i.1 ............! llr II I 0 II I II Ilh . I I EXTERIOR ELEVATIONS ;0 EXHIBIT B , II'IU' IIIIPI ".".01. 1I'11'llBg H · tii!iiiiPil ~ I ! ! ! ! I Ii Ii I ,','J I I I , I IlnlllM IPql'~~I~llq 111"'1 ' ~ ;1111 ," ~ ill!I,11 :I ill'I'IIII! .1 II. ill In I ! I....~ I '1'1111 I~' I , f I f i I J ! i I i r I II ~ fl............ I 'lr , ~ ,," rl '.,.,., . j EXTERIOR ELEVATIONS II EXHIBIT 8 ""11 n!'I!!dfg H J' ~'J:iJ~JiiJ p fll" filiI 11111 IIIIIIIM ,gl"'II~' I 'l11Q I ~ iil'ila f'Ulp,1 dUllfI i" I.. I 2 I".~ 1"1'11I ~~I EXHIBIT "e" Conditions of Approval Project name: Red Lobster File number: NWSP 06-018 Reference: 2nd review plans identified as a New Site Plan with a July 7,2006 Planning & Zoning date stamp marking. I DEP ARTMENTS jlNCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Construction of this project IS contingent on construction of off-site X improvements In accordance with the Palm Beach County Traffic Concurrency notice dated February 1,2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section 11..1); X include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1 ,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26- I 6(b )). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever 5. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 6. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. II. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 13. 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. 14. General area modifications to buildings shall be in accordance with 2004 X FBC, Section 506. Provide calculations verifying compliance with the above code sections and the 2004 FBC, Table 503. IS. Buildings, structures and parts thereof shall be designed to withstand the X I DEP ARTMENTS -I INCLUDE ! REJECT I mlTIImUm 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 m the state of Florida shall be submitted for review at the time of permit application. I 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 18. 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. ^ copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B 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) 20. At time of permit review, submit separate surveys of each lot, parcel, or X tract. 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. 21. 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. 22. 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. 23. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your T ART plan submittals. 24. Submit calculations for the area modifications shown on Sheet A 1.0 to X ensure compliance with 2004 FBC, Table 503 and Section 506. PARKS AND RECREATION Comments: Conditions of Approval 4 DEP ARTMENTS INCLUDE REJECT 25. Indicate the percentage of native species. Must be a minimum of 50%. X FORESTER/ENVIRONMENTALIST Comments: 26. Plant List- Sheet LA-l. LA-2 X All shade and palm trees must be listed in the description as a minimum of 12-14 feet in height, three (3) inches DBH (4.5 feet off the ground) and Florida # 1 (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) diameter requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. S.C. 2.] 27. The shrub and groundcover planting detail should include a line indicating X where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 28. All shrubs and groundcover plants should have a height and spread X dimension. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. e.2.] PLANNING AND ZONING Comments: 30. All shrubs and hedges are required to be at minimum 24 inches in height, X 24 inches III spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 31. Staff recommends additional and larger landscape material along all X elevations, to include a greater number of taller shrub specimens and trees. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.). The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signage will be subject to the Sign Program for the entire center. 33. Please provide, in tabular form, a breakdown of sign calculations for all X signage for the entire site, depicting the code requirement and that being proposed, indicating compliance with all code requirements. 34. No e.o. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected an final ed, as well as all depicted sidewalks. 35. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. I . I i REJECT -] DEP ARTMENTS I INCLUDE : 36. The applicant is responsible for compliance with Ordinance 05-060, the X ] "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting. 37. All equipment located on the building shall be painted to match the wall X I where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip system), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: . 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\PJanning\SHARED\ WP\PROJECTS\Red Lobster\NWSP 06-018\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Red Lobster APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 7,040 square foot "Red Lobster" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Approximately 450 feet north of the northeast corner of Old Boynton Road and Congress Avenue. 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:\Planning\SHARED\WP\PROJECTS\Red Lobster\NWSP 06-018\DO.doc Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 Mr. Gerlica indicated that was acceptable, and Mr. Casaine and Vice Chair Hay agreed also. Chair Wische asked for a roll call vote. The motion to approve passed 3-2, Mr. Saberson and Ms. Jaskiewicz dissenting. Ms. Jaskiewicz inquired of the Chairman why the board had not voted to move the Red Lobster and Smoky Bones items to precede the Quantum Park issue. Chair Wische remarked no one had brought it up during agenda approval. Mr. Casaine thought the board should make a motion about that. B. New Site Plan Description: Red Lobster (06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 at Boynton Town Center, Approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road. Request for New Sit Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. 1. Project: Agent: Owner: Location: Chair Wische asked if the applicant was in agreement with all 39 conditions of approval. Linda Nunn, 1807 South Indian River Drive, Ft. Pierce, Florida 34950, responded they were in agreement with all the conditions of approval. Ed Breese, Principal Planner, declared he was pleased with the proposed project. Chair Wische opened the floor for public comment and closed it when no one came forward. Vice Chair Hay asked when the estimated opening date would be. Ms. Nunn responded if approved, construction would begin late winter 2006 to early spring of 2007. Motion Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Ms. Jaskiewicz seconded the motion that passed 5-0. C. New Site Plan 1. Project: Agent: Owner: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, INC. (Neil Terwilliger) 23 Aug 09 06 02:23p Linda Nunn 772-595-5433 p.2 NUNNCO, INC. Linda D. Nunn Re. Red Lobster (NWSP 06-018) Augusl9,2006 Mr. Michael Rumpf City of Boynton Beach Planning Department Dear Mr. Rumpf, As authOlized agent for GMRI, Inc and Sembler Family Partnership #35, I have been asked to respectfully request that the proposed Red lobster on Out Lot 3 of the Boynton Town Centre project be withdrawn from the upcoming City Commission Agenda on August 15, 2006. I would ask that it instead be placed on the agenda for the second meeting in September to alow time for re-evaluation of certain items. Please contact me should you have any questions or need any further information at this time. Sincerely, ~~U~ Unda D. Nunn Authorized Agent ~ . -"-~' A..:: --'qC~ .:5~ '.;..) ~,- 1807 SO. INDIAN RIVER DR. . FT. PIERCE, FL · 34950 PHONE: 772-595-3717 . FAX: 772-595-5433 VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FORlvJ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July ]7, 2006 (Noon.) 0 October 3, 2006 September] 8,2006 (Noon) r8J August 15,2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September] 9,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6,2006 (Noon) NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements r8J Public Hearing o City Manager's Report o New Business o Legal o Unfmished Business o ., -' , RECOMMENDATION: Please place this request on the August 15, 2006 City Commission Agenda under' Public Hearing. The Planning and Development Board recommended that the subject request be approved on July:2~, 2006:2. For further details pertaining to the request, see attached Department Memorandum No. 06-139.."._ ........ , -' ~--t',.._"- -:rn 'J --, --.; (=:' EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc.(Neil Terwilliger) Out lot #1 @ Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for New Site Plan Approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TlVES: N/A N/A N/A irector ~~~, ~ ~JU.e. ./ Planning and Zoning ector City Attorney / Finance S:\Planning\SHARED\ WP\PROJECTS\Smokey Bones\NWSP 06-019IAgenda Item Request Srnokey Bones NWSP 06-019 8-15-06.dot Cn1/ Assistant to City Manager S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 06-139 STAFF REPORT FROM: Chair and Members of the Planning and Development Board and City Commission "M(JG Michael Rumpf Planning and Zoning Director Ed Breese ~ Principal Planner TO: THRU: DATE: July 5, 2006 PROJECT NAME/NO: Smokey Bones Restaurant / NWSP 06-019 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: Neil Terwilliger of GMRI, Inc. Location: Northeast corner of Old Boynton Road and Congress Avenue (see Exhibit "Au - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC)/Community Commercial (C-3) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a 6,436 square foot restaurant and related site improvements on Outlot #1 of the approved Boynton Town Center project Acreage: 72,309.60 square feet (1.66-acres) Adjacent Uses: North: Undeveloped Outlot #2 of Boynton Town Center with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Right-of-way for Old Boynton Road, farther south developed commercial (Oakwood Square) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East: Undeveloped commercial property (proposed Target site) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 2 West: Right-of-way for Congress Avenue, further west is developed commercial (Longhorn Steakhouse & Hops Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 275 feet deep and 260 feet wide. The subject parcel is one of the outlots associated with The Boynton Town Center (Outlot #1). It is the first parcel along Congress Avenue north of Old Boynton Road, fronting the proposed Target building. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Linda Nunn, representing 1950 Congress Avenue, LLC and GMRI, Inc., is requesting site plan approval for the construction of a 6,436 square foot restaurant on the 1.66-acre parcel. Outlot #1 is one of four (4) parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as part of the approximately 25- acre site located at the NE corner of Congress Avenue and Old Boynton Road. The overall site plan for Boynton Town Center was approved by the City Commission on September 20,2005, and while it depicted the outlots, the in-depth detail for each of the parcels was to be provided in the submittal of separate site plan applications for each. As such, Smokey Bones, along with Red Lobster, are the second and third of the lots respectively to submit for review, following last month's review of RBC Centura Bank. ANALYSIS A traffic statement for the entire Boynton Town Center and Village project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated February 1, 2005 , Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards, with conditions limiting the number of new PM peak hour external trips that could be generated by any new construction and linking them to required roadway improvements. Therefore, a monitoring matrix has been created between the City and the master developer's traffic engineer to assist in the issuance of building permits for the various phases, to ensure compliance with the overall development order. Additionally, a CRALLS (Constrained Roadway At Lower Level of Service) designation for various roadway linkages was adopted by Palm Beach County which recognized the difficulty of certain intersection improvements (i.e. additional turn lanes for certain turning movements at Old Boynton Road and Congress Avenue). As stated earlier, construction of this component of the project may only proceed with the initiation of the necessary road improvements noted in the Boynton Village & Town Center development order(see Exhibit "C" - Conditions of Approval). 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. Local piping and infrastructure improvements may be required, especially on the water delivery system for the Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 3 project, depending on 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 also currently available to serve the project. The applicant has already paid the capacity reservation fee for the entire master development. 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 (see Exhibit "c" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed for the restaurant outlot. One driveway opening would occur at the southeast corner of the parcel, which would connect with one of the major north/south loop drives within the parking lot for the Boynton Town Center project. A second point of ingress/egress is proposed at the northwest corner of the parcel, and serves as a cross-access drive with Outlot #2 to the north (proposed RBC Centura Bank). Parking Facility: In the review of the master development for Boynton Town Center, parking was calculated on the basis of a shopping center, due to the nature of the mixture of uses proposed. According to the Land Development Regulations, shopping centers require one (1) parking space per 200 square feet of gross floor area. The site plan (Sheet C3) proposes a 6,436 square foot restaurant building, which would require 33 parking spaces. The site plan depicts 110 parking spaces, including five (5) designated for handicap use. Therefore, there would be 77 excess parking spaces provided. The master developer also entered into cross-access and cross-parking agreements, which provides for overflow parking in times of need. All spaces, excluding the handicap spaces, would be dimensioned 9 feet - six (6) inches in width and 18 feet - six (6) inches in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 19,744 square feet or 27.33% of the total outlot. The master plan for the entire Boynton Town Center was approved with a 20 foot landscape buffer along both the west (Congress Avenue) and south (Old Boynton Road) side of the project, that included Live Oak and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among others. These 20-foot landscape buffers are the master developer's responsibility for installation and maintenance, along with various other site improvements, such as sidewalks and roadways. As such, no Certificate of Occupancy (CO.) will be issued for Smokey Bones Restaurant without the installation and final inspection of these common improvements (see Exhibit"C" - Conditions of Approval). The other Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 4 two (2) buffers are also scheduled to be part of the master planting for the site and include Southern Red Cedar and Tibouchina trees, along with Dwarf Scarlet Bush, Cocoplum and American Beauty Berry shrubs. According to the landscape plan (L201), the applicant proposes to landscape around the parking areas and building utilizing Weeping Bottlebrush, Longleaf Pine and Bald Cypress trees and Cocoplum, American Beauty Berry and dwarf Yaupon Holly shrubs/groundcovers. A non- potable water source will be required for irrigation purposes. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The Smokey Bones Restaurant is designed as a one (l)-story structure, with an elevated entry/lobby area to provide mass in the architectural design of the building, providing for a significant feature at the corner of this very visible intersection. The elevations (Sheets A4.1 & A4.2) indicate the ridge of the typical hip roof at 25 feet - 3 inches in height and 41 feet - 5 inches in height at the entry/lobby, below the maximum of 45 feet allowed in the C-3 zoning district. DeSign: As noted above, architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The applicant proposes to incorporate design elements from the approved materials and color palette. The elevations show that the hip roof would be constructed of standing seam metal, dark bronze in color. The building also contains manufactured stone elements on certain columns as well as the chimney and a stone veneer base around the entire structure. The identity/corporate image of this restaurant chain is that of a lodge in the northwestern area of the United States. The building elements previously discussed and the use of heavy timbers in the roof design on two facades carry through this theme. According to the elevations and materials board, the main body color of the restaurant would be a dark beige: "French Toast" (Dryvit 400). The trim/accent color is proposed as an off-white: "Cotton" (Dryvit 442). The stone veneer at the base of the building would be a light tan: "Sandstone". Signage: The master developer is working on a Sign Program for the entire development. The review of all signage for this project will be based upon the regulations contained within that final document. The elevation page (Sheet A4.1) shows the proposed location of the wall signs on the building (south and west elevations, centered on the decorative gable roof ends). The signs would have red channel letters above the emerald green forest logo on yellow background. A key component of the Sign Program for Boynton Town Center is the sharing of monument sign space between tenants of the outlots, to minimize overall signage for the center. Tenant monument signs are intended to be located between outlot parcels, total approximately 40 square feet (5 foot tall X 8 feet in length), be uniform in design and match the architectural characteristic and theme of the other site signage for the total project. In this particular case, the restaurant would share the monument sign space with the tenant of Outlot #2 to the north (RBC Centura Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 5 Bank). All site signage, as noted earlier, will be subject to the Sign Program for the entire center(see Exhibit "c" - Conditions of Approval). RECOMMENDATION The Technical Application Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon 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\Smokey Bones\Staff Report.doc . 1 in. = 135.8 feet iV(\ . r--. -i Smokey Bones Exhibit A EXHIBIT B ()I'-"'t __ tt:\0+40tt)OOO\prDO\l)404M3000\'*1\S1-SIlE PL&H.'*9 se - Silt .u 01. 200Ii I:,",,", IIf iNIn.al-"tlrl, II!mmllmi~ll!filllijl ':1"1 Int-I.III 'II' li!B Ilill III Ilijlll ,11;& MI'i lii!'II,IIIIl' ;!i IIJ1h i,illd ! I ;! =li · 'ilf ,I' '11' l !Ii ill!!,,: 1U! it,ll: III ifl 'Il.[ I'll! t II I i. !I~!'i 'iF : I ,i~ 'I; Ilillll ;H! ~ ~ i i :1 hi 'i ll~'1 II! I ~ n i Iii i 1 "Il U I ];. I II I ' 'I II. ~ I !: I : II / \ I i{ ;:11 ~ II' 11111 '1'.1.. 00 I, Iii 1<'@;1 . I II! .,....,'. 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I S toO '!i i!' ~ p~ 5 - - -~ _ _ _ o.~~ e ,5 11" I 0 . 8 ~ ~.... ~~ ~~~o~!!>~ 8 ~~ i ~C " ~~. 8 ~ ~ ~. g -". ~ t 0 ~ t;:l : ~ x - - .c " " ~, ~~i ~~ ~ ",-' 10 ~" ~ · · ~ · ~ ~a : ~ ~ ~ ~ ' ,,~~ ~ .... ; ~. 5 _' '" ;~n 2 = . H !H~ i:iI ~ cn l"t;,:$. Q - - ~1CI ""..."t"t~ ~E" I ~ '0 ~~ - id.=~ ~a to ..0 h~.. ! U !3 BOYNTON TOWN CENTER o i ~~ Iii~ SMOKEY BONES (.0) e ~8 ~ OUTLOT NO.1 BOYNTON BE:AOi n...ORIDA SITE PlAN - ~- ~n I<Irnley4bn ~.. .......,.... ~_U nAlloc:lllll.Inc. " ~ ---.... - Ft' EJ'Il 6)768 .J>L a:- ~:.:',:::..,~ ~ ~". JAW -...:::.=.'-'- J-J.::;"'" """""" ..." IIY DO 11J~""'-"""'" ""~ "'~ ::.~:.~ -.,,. ...,.- _ AW... ':JNI Of)HllO~~ ',uSSIlH _ .: ~ = NnlIMlIlIIn .--..- -- \IlIIIW lI:lW!IIlIllWcIIJlIIlIIllI. lM'~IIIlOI~ ~ . . . ~ 9 . I . & . ~ " . . , ~ . II ~ f , ! , J ~ 3 : I f ~ ~ ~ f ~ . f f . . f ; ~ ~ J ~ ~ ~ ~ . ~ ; l . i . . . ~ ~ i . . . . . . . . . ; . f . . . . , i s . . . ! ~ d I I I f f f ~ f ~ f ~ ~ . ~ ~ . . ! f J ~ . ~ . 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I!ll ti ql I" i ii G. .It ~~~f J . ~ J~ il> !~j i ... fh~ J ~ ~ ~ ;~. ! ~ I ~K ~ I i I i I i a ~ i I I! ~I .ill i ~Ih~!pl I d ;t~ h (/J at i ~ ~ II ~ B ( ~ ~ ~ ~ ! ! . ~ 88 ~ 1~lt i~tli ;111; ~Bi !i ~i~~ I~ i ~ I f II II III II ~ I ~ n II ~ II II B ~ ~ I : p I II ~i ~ I L h Ii Ii :d hi B : ! i I u! Iii I hi H I II Ii ~! C ..... ft............ Ii ~ ~ cf t .. .. t:> .. .- = J: II :i ~ ::t =:i :t :t sf ~ st ~... ~...... ~_ JDItM.-ad...., ....w~1W m"llPUf)lr' WI.~" _-...a-u.I~ I . > IS fj \ " / '-~ //---, I \ " / '-~ L I+R R1 EXHIBIT B 8 JJ81HX3 )> ~ i\> fJ i f ~. n- ~.... ~ at CFS MMKIl UlI. ..... Ill.. III!.- JI'D....................... " ....... l' · J ~ ~ ~ ; ;: ; ;: }: :t J . ~ ~ II II 7- P JI .... ~ ~ :-. ,. ,. ,.,. ,.+ ~ E~ U II jilt I P l:U Iii: uf' PI: u ulJ'I~ I i !s II Ii I :h u II E II ~ PH; d II B II II I r ~ ~ :I Illl Ii illl!l:ilillli !i,l : Ii i;:: i I i iI i ll:'l ! I"! " ! I. I I I, Ii !, ! I i 'I f I I I I I ! f 'f!i -il t I ,dIm :~i ~rf. ~IJ " .. ~ f '.5 3 eN ~~~i ;!I I I I EXHIBIT "C" Conditions of Approval Project name: Smokey Bones File number: NWSP 06-019 Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp marking. I DEPARTMENTS I INCLUDE I REJECT ] PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Construction of this project IS contingent on construction of off-site X improvements In accordance with the Palm Beach County Traffic Concurrency notice dated February 1,2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section 11.1); X include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. To be provided at time of permitting. UTILITIES Comments: 3. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). As a general rule, restaurants require this approval to insure that grease traps are properly designed. 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b )). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 11. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. 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. 13. 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 DEPARTMENTS I ",c signed and sealed by a design professional ,cgistcred in tbe state of . Florida shall be submitted for review at the time of permit application. INCLUDE I REJECT I 14. At time of permit review, submit signed and sealed working drawings of the proposed construction. x 15. 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. 16. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: ? The full name of the project as it appears on the Development Order and the Commission-approved site plan. ? The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 17. At time of permit review, submit separate surveys of each lot, parcel, or X tract. 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. 18. 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. 19. 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. 20. A section of the bar counter shall comply with the 2004 FBC, Section 11- X 5.2. 21. The construction documents shall be routed to the Florida Department of X Business and Professional Regulation (DBPR) for review and approval prior to submittal to the Building Division. The DBPR can be contacted at 850- 487-1395. PARKS AND RECREATION Comments: 22. Trees must be a minimum of 12 foot to 14 foot with a three (3) inch diameter at DBH. FORESTER/ENVIRONMENT ALIST X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT Comments: Plant Schedule Sheet L201.L202 X 23. All shade trees must be listed in the description as a minimum of 12- I 4 feet in height, three (3) inch DBH (4.5' off the ground) not caliper, and Florida # 1 (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) inch diameter requirement; or any clear trunk specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 24. Tree species listed on the Palm Beach County "prohibited plant species' list X cannot be used on the site. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 25. The applicant should add a note on Sheet L201 that all utility boxes or X structures (not currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. 26. The applicant should add a note on Sheet L20 I the no Cypress mulch may X be used on the site. 27. The applicant should show the 50% native species calculations for each of X the categories of trees, shrubs and groundcovers/. 28. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 30. Staff recommends additional and larger landscape material along the north X elevation, and include a greater number of taller shrub specimens and trees along the west and south elevations. 31. Full size trees, a minimum of 12-14 feet tall, with a minimum 3" caliper X dbh, must be planted every 30 feet in perimeter landscape around parking lots. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.).The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signagewill be subject to the Sign Program for the entire center 33. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected and finaled, as well as all depicted sidewalks. 34. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. I DEPARTMENTS I INCLUDE I REJECT I 35. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting. 36. All ground equipment shall be adequately screened on at least 3 sides with X hedge material. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip system), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Smokey Bones\NWSP 06-019\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Smokey Bones APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006 TYPE OF RELIEF SOUGHT: Request New Site Plan Approval for a 6,436 square foot "Smokey Bones" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue 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:\Planning\SHARED\WP\PROJECTS\Smokey Bones\NWSP 06-019\DO.doc Meeting Minutes Planning 8r. Development Board Boynton Beach, Florida July 25, 2006 Mr. Gerlica indicated that was acceptable, and Mr. Casaine and Vice Chair Hay agreed also. Chair Wische asked for a roll call vote. The motion to approve passed 3-2, Mr. Saberson and Ms. Jaskiewicz dissenting. Ms. Jaskiewicz inquired of the Chairman why the board had not voted to move the Red Lobster and Smoky Bones items to precede the Quantum Park issue. Chair Wische remarked no one had brought it up during agenda approval. Mr. Casaine thought the board should make a motion about that. B. New Site Plan Description: Red Lobster (06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 at Boynton Town Center, Approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road. Request for New Sit Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. 1. Project: Agent: Owner: Location: Chair Wische asked if the applicant was in agreement with all 39 conditions of approval. Linda Nunn, 1807 South Indian River Drive, Ft. Pierce, Florida 34950, responded they were in agreement with all the conditions of approval. Ed Breese, Principal Planner, declared he was pleased with the proposed project. Chair Wische opened the floor for public comment and closed it when no one came forward. Vice Chair Hay asked when the estimated opening date would be. Ms. Nunn responded if approved, construction would begin late winter 2006 to early spring of 2007. Motion Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Ms. Jaskiewicz seconded the motion that passed 5-0. C. New Site Plan 1. Project: Agent: Owner: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, INC. (Neil Terwilliger) 23 Meeting Minutes Planning &. Development Board Boynton Beach, Florida Location: July 25, 2006 Description: Out Lot #1 at Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for New Site Plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot # 1 of the Boynton Town Center site. Chair Wische asked Ms. Nunn if the applicant was in agreement with all of the conditions of approval, and Ms. Nunn responded they were in agreement with all conditions of approval. She added that the same company owned Red Lobster and Smokey Bones. Chair Wische opened the floor for public comment, closing it when no one came forward. Ms. Nunn responded the opening date of Smokey Bones would most likely coincide with that of Red Lobster. Motion Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. Ms. Jaskiewicz seconded the motion that passed 5-0. VIII. Other Not addressed. IX. Comments by Members Not addressed. x. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 9:30 p.m. Respectfully submitted, f."'''--.,.'-.,....'''----:-<--..,.~:.''''~-;~....---:---..,.----..-n.. I,\~, ~ lfj :~~ II W ill I~\ : \ 1:'1': \."/l -I'--~-l-~ I tJ \ ! i : I l" '. t; I J i j\.: I '. LL , 'I \....../ . . I , I ~-_._,.._--..--- ~a/}/[ ~~-/ Susan Collins Recording Secretary (072606) 11' :"',\fHMFN, 'J'j r,t" 24 Aug 09 06 02:24p Linda Nunn 772-59fr5433 p.3 NUNNCO, INC. Linda D. Nunn Re. Smokey Bones (NWSP 06-019 August 9, 2006 lIAr. Michael Rumpf City of Boynton Beach Planning Department Dear Mr. Rumpf, As authorized agent for GMRI, Inc and Sembler Family Partnership #35, I have been asked to respectfully request that the proposed Smokey Bones on OUt Lot 1 of the Boynton Town Centre project be withdrawn from the upcoming City Commission Agenda on August 15, 2006. I would ask that it instead be pfaced on the agenda for the second meeting in September to allow tine for re-evaluation of certain items. Please contact me should you have any questions or need any further information at this time. ~~Q<Z Linda D. Nunn Authorized Agent ,.... ; "] -~CJ ~-~-Tfli .-_,... 1807 SO. INDIAN RIVER DR. - FT. PIERCE, FL _ 34950 PHONE: 772-595-3717- FAX: 772-595-5433 VIII.-PUBlIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office D August 1, 2006 July 17, 2006 (Noon.) IZl August 15,2006 July 31,2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D October 3,2006 D October 17,2006 D November 8, 2006 D November 21, 2006 September 18,2006 (Noon) October 2,2006 (Noon) October 16, 2006 (Noon) _ ....-J November 6, 2006 (Nooll.1 -~.-'1 D D \~.~...; Announcements/Presentations City Manager's Report NATURE OF D Administrative D New Business .r._, AGENDA ITEM D IZl Legal ";1 Consent Agenda --;-iCO ".,~", t . I D Code Compliance & Legal Settlements D Unfinished Business ;--,~..) ---._..~ :r-...... , ~ .'(j D Public Hearing D RECOMMENDATION: Please place this request on the August 15,2006 City Commission Agenda under Legal and Ordinance - Second Reading. The City Commission heard this item on July 18, 2006 and recommended approval under Legal, Ordinance - First Reading. EXPLANATION: PROJECT: AGENT: OWNER: Boynton Village Community Development District (CDD 06-001) Michael Szymonowicz/Wrathhell, Hart, Hunt and Associates, LLC 1950 Congress Avenue, LLC; Target Corporation, South Florida Devco, Inc.; and WR 2, LLC Request for an ordinance establishing the Boynton Village Community Development District approval. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A L~ City Ma ager's Signature ~ ~~{.i.}~:l1~ Assistant to City Manager City Attorney / Finance S:\Planning\SHARED\WP'SPECPROJ\CDD\Agenda Itcm Request Boynton Village Comm Dev District CDD 06-00 I 8-15-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC --- ----I ! BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT TABLE OF CONTENTS Petition for Establishment of the Boynton Village Community Development District Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 3A Exhibit 3B Exhibit 3C Exhibit 3D Exhibit 3E Exhibit 4A Exhibit 4 B Exhibit 5 Exhibit 6 Exhibit 7 Location Map with Current Major Trunk Water Mains and Sewer Interceptors and Outfalls Metes and Bounds Description Consent of Landowners or Contract Purchasers to Establishment of the Boynton Village Community Development District Consent &Joinder ~ 1950 Congress Avenue, LLC Consent & Joinder - South Florida Devco, Inc. Consent & Joinder - WR2, LLC Consent & Joinder - Target C01poration Consent & Joinder - WR1, LLC Estimated Infrastructure Construction Time Table Construction Costs Estimates Public and Private Land Use Map Statement of Estimated Regulatory Costs Proposed Form of Ordinance to Establish Boynton Village Community Development Disu-ict Petition PETITION FOR ORDINANCE TO ESTABLISH THE BOYNTON VILLAGE Community Development District Prepared by Wrathell, Hart, Hunt and Associates, LLC 1200 N.W. 17th Avenue, Suite 13 Delray Beach, Florida 33445 Telephone: (561) 276-0889 Facsimile: (561) 276-3780 Website: www.whhassociates.com WratheU, Hart, Hunt and Associates, LLC Butl4Ung dietrt relatiollSbfp8 _ step at a thne._ Petition BEFORE THE CITY COMMISSION OF THE CT1Y OF BOYNTON BEACH, FLORIDA INRE: AN ORDINANCE TO ESTABLISH THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT ) ) ) PETITION 1950 Congress Avenue, LLC, a Florida limited liability company (the "Petitioner"), hereby petitions the City Commission of the City of Boynton Beach, Florida pursuant to the "Uniform Community Development District Act of 1980", Chapter 190, Florida Statutes (the "Act") to adopt an ordinance establishing a Community Development District (the "District") on the property described herein. In support of the Petition, Petitioner states: 1. The proposed District (as described below) is located within the incorporated area of the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the property, delineates the proposed boundaries of the District and shows current major trunk water mains and sewer interceptors and outfalls. The proposed District covers approximately 101.184 + / - acres of land. The real property within the boundaries of the proposed District is generally located West of the Lake Worth Drainage District Canal E-4, East of Congress Avenue, North of Old Boynton Road and South of South Florida Water Management District Canal C-16. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. There is no real property within the external boundaries of the proposed District, which is to be excluded from the District. 2. Attached to this Petition as Exhibit 3 and made a part hereof are the written consent forms to the establishment of the District by the owners or contract purchasers of 100% of the real property to be included in the District. 3. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: James Comparato Timothy R. Kelly Alan Thomas Joseph Filippelli Michael Troxell 4. The proposed name of the District to be established is Boynton Village Community Development District (the "District"). 5. The proposed timetable for the construction of District improvements is shown in Exhibit 4A. The estimated cost of constructing the proposed public improvements is shown in Exhibit 4B. The information presented in both exhibits are good faith estimates and are not binding on the Petitioner or the District and are subject to change. I:\BOYNTON Vll...LAGE\Petilion ,>(i.doc Petition 6. The future general distribution, location and extent of public and private land uses within the District are consistent with the zoning categories of suburban mixed use and C3 community commercial. The proposed uses are also consistent with the future land use plan element of the Comprehensive Plan of the City of Boynton Beach, Florida (the "City"). The future land use map is shown as Exhibit 5. The land within the proposed District is anticipated to be developed with 458 townhouse units, 662 condominium units, 399,000 square feet of retail uses and 10,000 square feet of office uses. The Petitioner intends that the District will fmance (i) surface water management included related earthwork, (ii) water distribution and wastewater collection and transmission facilities, (iii) roadway, paving and street lighting improvements, (iv) off-site improvements, (v) land acquisition, and (vi) related incidental costs which may include acquisition of real property (collectively, the "Public Improvements"). Upon completion by the Petitioner of the water distribution and wastewater collection and transmission facilities and acquisition by the District, such facilities will be dedicated to the City to be connected to the Cityts existing water and wastewater lines. 7. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 8. Exhibit 7 is a proposed form of ordinance to establish the Boynton Village Community Development District, which is similar in form to Ordinance No. 05-018, which established the Renaissance Commons Community Development District. 9. Petitioner hereby requests that the proposed District be granted the right to exercise all powers hereby requests the right to exercise all powers provided for in Section 190.012(1), Florida Statutes and the additional powers listed in Sections 190.012(2)(a) and (d). 10. The Petitioner is 1950 Congress Avenue, LLC, a Florida limited liability company. The Petitioner, acting on behalf of itself, South Florida Devco, Inc., a Florida Corporation, WR 2, LLC, a Florida limited liability company, and Target Corporation, a Minnesota Corporation as the landowners, own 100% of the real property to be included in the proposed District. The Petitioner, South Florida Devco, Inc., WR 2, LLC, Target Corporation and WR 1, LLC, a Florida limited liability company, as contract purchaser of certain lands within the proposed District, will develop the land within the District, including the construction of the public infrastructure, which will be acquired by the District. It is contemplated that the vertical improvements on the developed lots will be constructed by the Petitioner, South Florida Devco, Inc., WR 2, LLC, Target Corporation and WR 1, LLC, and possibly other builders. Copies of all correspondence and official notices should also be sent to: Craig A. Wrathell, c/o Wrathell, Hart, Hunt and Associates, LLC, 1200 NW 17th Avenue, Suite 13, Delray Beach, Florida, 33445; (561) 276-0889. 11. The property within the proposed District is amenable to operating as an independent special district for the following reasons: (a) Establishment of the District and all land uses and services planned within the proposed District are consistent with applicable elements or portions of the effective City of .Boynton Beach Comprehensive Land Use Plan, as amended. (b) The land within the boundaries of the proposed District is of sufficient size and is sufficiently compact and continuous to be developed as one functional interrelated community. I:\BOYNTON VJLLAGE\Pctition \'6.doc 2 Pctilion (c) The community development services of d1e District will be compatible wid1 the capacity and use of existing local and regional community development services and facilities. (d) The proposed District will be the best alternative available for delivering community development services to the area to be served because (i) the District provides a governmental entity responsible for delivering those services and facilities in a manner that does not financially impact persons residing outside the District, (ii) the Act authorizes a community development district to acquire infrastructure improvements previously consuucted by the Petitioner or allows for a community development district to, in the fIrst instance, construct such infrastructure improvements, (iii) the timing for the establishment of the proposed District and the issuance of special assessment bonds is compatible with the timing for the construction and acquisition of such infrastructure improvements which results in direct benefIt to the landowners and their assigns within the District, (iv) establishment of a community development disu"ict in conjunction with a comprehensively planned community, as proposed, allows for a more effIcient use of resources as well as providing the opportunity for new growth to pay for itself, and (v) establislunent of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of many of the District services and facilities. 12. The Petitioner undertakes on behalf of the District that the District will provide full disclosure of information relating to the public financing and maintenance of improvements to real property to be undertaken by the Disulct as required by Section 190.009 and Section 190.048, Florida Statutes, as amended. [Remainder of page intentionally left blank] l:\BOYNTON Yn..LAGE\Petilion v6.doc 3 Petition WHEREFORE, Petitioner respectfully requests the Gty Commission of the Gty of Boynton Beach, Florida to: Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the establishment of the Boynton Village Community Development District and; Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Boynton Village Community Development District. ,{:".~1 .~ Respectfully submitted this V day of ~, !006. 1950 Congress Avenue, LLC a Florida l.imited liability company, as Petitioner I ts: Managing Member By: Sembler Family Partnership # 35, Ltd. a Florida l.imited partnership I ts: General Partner By: Sembler Retail, Inc., a Florida corporation /1 /1 i ,OJ \c-;'" '",. t/. . C:",Olk:umt1lb ;1ml ~H1Iin!!,,\"11ll1l.LI~L11 SI11ill!-,.~\T\'lIIpllr;Y:-lllll"1l1 fitl,,\Oll\',1'Pl1ilillli \'~.tlnr 4 P\1illllll EXHIBIT 1 MAP OF THE PROPOSED DISTRICT SHOWING CURRENT MAJOR TRUNK WATER MAINS AND SEWER INTERCEPTORS AND OUTFALLS BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Petiuon . Exhibit J 0rn0III9 -* H:\,04.714800'7-Io)"t-' VIIop\t7141OO7\CADD\tHIA\[IH8lT 1.", E>>eT I N. JO. 2001 lQ:;~ by: .......lHIl_ -- ..------........--_....-."'_..__..._---_..._"---""-......-.._------..,......,........---_...-........~......---- : \ \ ______J \ '. ------------::-~--~=----- -i L CllllALo-. _____----- --__ III __---------------- I, \ \ I \ , \ I \ I \ I ~ \ '\\. ' . \' \~~ ~\'~ '- \ , ~ \, 1 I I , I I I , I I I I I , I I I I I I I , =*= " " " '" )--I~I!i i . _ ij,qJ I I 1'lI!i 1'lIi II I; ~ - 1"1 " I " " I . "III j :: ~ II II 1'lIi ~ ili e BOYNTON VILLAGE ~ :16 .)~ COMMUNITY - I fi~ " DEVELOPMENT DISTRICT BO'fNT<>>I BEAOi flORID.... III ~ 'I 0 liS I; J I/i ~ I~: ~ 1'11I1 1'lIi ( I \ \ \ \ \ \ . \ \ \ ~\ \ tlj I'~i !~ g2~~ ~~ !1 ~.:i. <~~~ S~ 1,,1 .. EXHIBIT 1 - AS ..... -., ... ... -., .... ~F1~Tf\R\I . . 1. .-. . . 1~ ~=~ ==-'nc. .3{-~':~,,--:" -C-J____ _CIII)eu-.n'II -.....- ......- . r ""l[ OY EXHIBIT 2 METES AND BOUNDS DESCRIPTION BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT C3 - Parcell, C3 - Parcel 2, C3 ~ Parcel 3, C3~ Parcel 4, C3 - Parcel 5, C3 - Parcel 6, C3~ Parcel 7, SMU - Parcel 1, SMU - Parcel 2, SMU -- Parcel 3, SMU - Parcel 4, SMU - Parcel 5, SMU - Parcel 6, SMU - Parcel 7, SMU - Parcel 8, SMU - Lake Parcel, Tract C-1, Spine Road Tract, BOYNTON TOWN CENTER, A P.C.D., as recorded in Plat Book 106, Pages 144-151 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: COMMENCE at the Southwest corner of the Southwest One-Quarter (1/4) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid bearing of NOl o22'46"W along the West line of said Southwest One-Quarter (1/4) of said Section 20 a distance of 1312.24 feet THENCE N88037'14"E a distance of 60.00 feet to a point on the East right-of-way line of Congress Avenue, said line also being 60.00 feet East of and parallel with the West line of the Southwest One-Quarter (1/4) of said Section 20, said point also being the POINT OF BEGINNING; THENCE NOl o22'46"W a distance of 223.50 feet; THENCE N12012'46"E a distance of 29.78 feet; THENCE NOI022'46"W a distance of 140.75 feet; THENCE N38037'14"E a distance of 20.23 feet; THENCE S88037'14"W a distance of 10.00 feet; THENCE NOt o22'46"W a distance of 75.00 feet; THENCE S88037'14"W a distance of 10.00 feet; THENCE NOl o22'46"W a distance of 456.21 feet; THENCE N12009'15"E a distance of 29.91 feet; THENCE N01 o22'46"W a distance of 286.82 feet; THENCE N38003'52"E a distance of 17.71 feet; THENCE NOl o22'46"W a distance of 89.10 feet; THENCE N47000'33"W a distance of 25.54 feet; Petition - Exhibit 2 THENCE NOl 023'03"W a distance of 291.10 feet; THENCE N12008'37"E a distance of 29.93 feet; THENCE NOl 023'03 "w a distance of 285.65 feet; THENCE N38003'52"E a distance of 22.13 feet; THENCE S88036'57"W a distance of 21.06 feet; THENCE NOl 023'03"W a distance of 59.00 feet; THENCE N88036'57"E a distance of25.06 feet; THENCE N47000'33"W a distance of 35.06 feet; THENCE NOl 023'03"W a distance of 468.48 feet to a point on the North line of said BOYNTON TOWN CENTER, A P.C.D.; THENCE N87045'57"E along said North line a distance of 1485.39 feet to a point on the East line of said BOYNTON TOWN CENTER, A P.CD.; THENCE S06028'18"E along said East line a distance of 760.86 feet; THENCE S30046'03"E continuing along said East line a distance of 800.00 feet; THENCE SOo041'03"E continuing along said East line a distance of 904.59 feet to a point on the South line of said SMU - Parcel 2; THENCE S89048'57"W along said South line a distance of 768.02 feet to a point of curvature of a non-tangent curve concave to the Southwest, a radial line of said curve through said point having a bearing of S71 014'46"W; THENCE Southeasterly along the arc of said curve to the right having a central angle of 18034'11" and a radius of 646.50 feet for an arc distance of 209.53 feet to a point of tangency; THENCE SOOol1'03"E a distance of 89.52 feet to a point on the South line of said BOYNTON TOWN CENTER, A P.C.D.; THENCE S89048'5T'W along said South line a distance of 80.00 feet; THENCE NOooll'03"W a distance of 15.00 feet; THENCE S69003'41 "w a distance of 42.32 feet; THENCE S89048'57'W a distance of 439.23 feet; THENCE NOooll'03'W a distance of 1.00 feet; 2 Pt:tilion - E,..:hibit 2 THENCE S89048'57"W a distance of 274.70 feet THENCE N77046'36"W a distance of 39.56 feet THENCE S89048'57"W a distance of290.70 feet; THENCE N45047'05"W a distance of 45.01 feet to the POINT OF BEGINNING; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 101.184 Acres, (4,407,594.40 Square Feet), more or less. 3 Petition . E~bi{ 2 EXHIBIT 3 CONSENT OF LANDOWNERS OR CONTRACT PURCHASERS TO THE ESTABLISMENT OF THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT The land described in Exhibit 2 to this Petition comprises 100% of the real property proposed to be included within the boundaries of the Boynton Village Community Development District. Such land is depicted graphically by plat and by Property Control Number in Exhibit 1 to this Petition and the specific parcels to be included within the boundaries of the proposed Boynton Village Community Development District are as follows: Property Control Number Owner/Contract Purchaser Description 08434520290030000 08434520290030010 08434520290030020 08434520290030030 08434520290030040 08434520290030050 08434520290030060 08434520290030070 08434520290120000 08434520290180000 08434520290190010 08434520290190020 08434520290190030 08434520290190040 08434520290190050 08434520290190060 08434520290190070 08434520290190080 Track C-1 (Canal Parcel) C3 - Parcel 1 C3 - Parcel 2 C3 - Parcel 3 C3 - Parcel 4 C3 - Parcel 5 C3 - Parcel 6 C3 - Parcel 7 SMU - Lake Parcel Spine Road Tract SMU - Parcel 1 SMU - Parcel 2 SMU - Parcel 3 SMU - Parcel 4 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC Target Corporation 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC South Florida Devco. Inc. South Florida Devco. Inc. WR 2. ILC 1950 Congress Avenue. ILC as owner and WR 1. ILC as contract Purchaser 1950 Congress Avenue. ILC as owner and WR 1. ILC as contract Purchaser 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC 1950 Congress Avenue. ILC SMU - Parcel 5 SMU - Parcel 6 SMU - Parcel 7 SMU - Parcel 8 Pet.ition - E.'dulrit J EXHIBIT 3A AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICf STAlE OF FLORIDA ) ) S5 COUNTYOFPAlMBEAGI ) . L' On this ! <0'-\\.1 day of ~06, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Jeffrey S. Fuqua, who, after being duly sworn, deposes and says: 1. Affiant, Jeffrey S. Fuqua, an individual, is the Vice President of Sembler Retail, Inc., a Florida cOlporation which is the General Partner of Sembler Family Partnership # 35, Ltd., a Florida limited partnership which is the Managing Member of 1950 Congress Avenue, LLC a FlOlida lirrllted liability company (herein, the "Company"); 2. The Company is the ovmer of the following described property, to wit: Property Control Numbers: 08434520290030000 08434520290030010 08434520290030020 08434520290030040 08434520290030050 08434520290030060 08434520290030070 08434520290120000 08434520290180000 08434520290190040 08434520290190050 08434520290190060 08434520290190070 08434520290190080 3. Affiant, Jeffrey S. Fuqua, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company, relating to the Petition before the Gty Commission of the Gty of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the ProporfJ CDD. ',,( V 5. Affiant, Jeffrey S. Fuqua, on behalf of the Company, as the sole ovmer of the Prop~ in the capacity desClibed above, hereby consents to the establishment of the PrQ'posed CDD. Pl1i,illll. hhihil::l/l. FUR1HER, AFFIANT SA YEm NOT. () . /~. // ,..,..,..- 7( y"/;'-,,,--~ Jeffre . . .f}lWJ' Subscribed and sworn to before me this l~ day p~~006, by Jeffrey S. Fuqua, the Vice President of Sembler Retail, Inc., a Florida corporation which is the General Partner of Sembler F;yni1y Partnership # 35, Ltd., a Florida limited partnership which is the Managing Member of 1950..e.(;ngress Avenue, LLC a Florida limited liability company, who personally appeared before me, [0 is personally known to me or [ ] produced as identification./~ Nota~' ).t/ Print Name: f..L. - ~ k C-cJ Notary Public, State of F ri My Commission Expires: I I L/ /1 i) [NOTARIAL SEAL] ---- ~\\\,'''III'''IJIII ~'~\,,\.EY YO 1//0 '~~~~sio~~~~~ ;If ..~ :.to. ~ !Oil ." '!1!.... i* i:t JAN ~.~ E =: 4 =*= ~ \~2010 ~! i ~....:.. ~.. ~ ;--~ .. ~~.. ~ ~O}~..~....~V~ '.. ~~~pUv~\,~ b.. rl1ll"'III'U'\\~ U"'Z.' ~-'? i ..: . ~ If f . Ii /../ 2 Pl1illltll. bhihillA EXHIBIT 3B AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) On this fl''1'~ day of April 2006, personally appeared before me, an officer duly authorized to administer oaths and take ac!mowledgments, Michael ]. Ryan, who, after being duly sworn, deposes and says: 1. Affiant, Michael]. Ryan, an individual, is the President of South Florida Devco, Inc., a Florida corporation (herein, the "())rporation"); 2. The Corporation is the owner of the following described property, to wit: Property ())ntrol Numbers: 08434520290190010 and 08434520290190020 3. Affiant, Michael J. Ryan, hereby represents that he has full authority to execute all documents and instruments on behalf of the ())rporation, relating to the Petition before the Gty ())mmission of the Gty of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village ())mmunity Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant, Michael]. Ryan, on behalf of the ())rporation, as the sole owner of the Property in the capacity described above, hereby consents to the establishment of the Proposed CDD. FUR1HER, AFFIANf SAYETHNOT. Mich / :_Y<Ul.~ Subscribed and sworn to before me this lJ..f"'day:-- p', a-d~y Michael ]. Ryan, the President of South Florida Devco, Inc., a Florida corporation, who personally appeared before me, IX! is personally !mown to me or [ ] produced as identification. [NOTARIAL SEAL] "OFFICIAL SEAL" JEAN X YIN Notary Public, State of Illinois My Commission Expires 10/23/07 "....... Notary: .c:~ Print Name:<~ Notary Public, State of Florida My ())mmission Expires: I'clilion. hhibil)B EXHIBIT 3C AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT STA1E OF FLORIDA ) ) SS COUNlY OF P AIM BEAm ) On this '~~ day of ~"i.z006, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn, deposes and says: 1. Affiant, James Comparato, an individual, is the Manager of WR 2, LLC, a Florida limited liability company (herein, the "Company"); 2. The Company is the owner of the following described property, to wit: Property Control Number: 08434520290190030 3. Affiant, James Comparato, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company, relating to the Petition before the Gty Commission of the Gty of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant, James Comparato, on behalf of the Company, as the sole owner of the Property in the capacity described above, hereby consents to the establishment of the Proposed CDD. /; . / f //'.~- '/ ;-' ~ ! ~;..-, // . . l<-?~~7. '~~/"j ..?d'-::-:';';;7Y'/:-:/ )~ ' '" /# / / ;:1:. ':;;;P;/':9 r 0/ / / ":'/),'5//;; ~ .x, /; /t./!'7~ ~./.....-:; / J<<.-' /eo ,/ ~ . /. ~L.""" / ,a r a '~(Y' . , / / ,'/.. /_ %;' - c- . I .-.-- , / ,;' LJ......, f /Jl''Cl.';f' ,/ Subscnbed and sworn to before me Viis / .:':;>lJ day. of AprilV2006, by James Comparato, the ~nager of WR 2, LLC, a Florida limited ~ty company, who personally appeared before me, [ 1/( is personally known to me or [ ] produced as identification. FURlHER, AFFIANT SA YE1H NOT. ~'''''''''''''' CLAlJDE1TE~ {.~~ MY COMMI~ION' DO 224139 iA~ EXPIRES, June 19,?SX1l "'~iff.;f.I~' Bonded Ttvu NcIaIy PItIic l/nderwriIIln ICj. dO c::p [NOTARIAL SEAL] Notary: Pl1ilillll. E.xhihlt ..~c EXHIBIT 3D AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT STA TE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) On this 12:- day of May 2006, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments,S~~ }\e;\s~, who, after being duly sworn, deposes and says: 1. Affiant, s;. ~ ~ \5"",,, , an individual, is the VRt RaP-to....-iQf Target Corporation, Inc., a Minnesota corporation (herein, the "Corporation"); 2. The Corporation is the owner of the following described property, to wit: Property Control Number: 08434520290030030 3. Affiant,,SI"A* \,\\1' k.~ hereby represents that he has full authority to execute all documents and instruments on behalf of the Corporation, relating to the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant,&litt-lWJ.~~ on behalf of the Corporation, as the sole owner of the Property in the capacity described above, hereby consents to the establishment of the Proposed CDD. FURTHER, AFFIANT SA YETH NOT. ~-a.- - ~:::;I s+- TafT/ef COlpOfation . . Subscribed and sworn to before me this J day of May, 2006, by SCel+-t- ~~, the V.te. Ptes,I Jellf-.........of Target Corporation, Inc., a Minnesota corporation, who personally appeared before me, rvris personally known to me or [ ] produced as identification. , - - Notary: ~ ~ ~ Print Name: Gro { e. ora. k Notary Public, State of f11: 1\ .....~.s 0--1-" My Cotnmission Expires: 11:3//&01 b [NOTARIAL SEAL] e CAROL E. DRAKE NOTARY PUaUC . t.fIt..NESOTA C MY COMMISSION ~ . EXPlRESJAN.31,2010 Petition Ex.hibit 3D EXHIBIT 3E AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF P AIM BEAm ) .ltt ~e... On this 30 day of .A~ 2006, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn, deposes and says: 1. Affiant, James Comparato, an individual, is the .Manager of WR 1, LLC a Florida limited liability company (herein, the "Company"); 2. The Company is the contract purchaser of the following descnbed property, to wit: Property Control Numbers: 08434520290190040 and 08434520290190050 3. Affiant, James Comparato, hereby represents that he has full authority to execute all docwnents and instruments on behalf of the Company, relating to the Petition before the City Conunission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Boynton Village Community Development District (the "Proposed ffiD"). 4. The Property represents a portion of the real property to be included in the Proposed rnD. 5. Affiant, James Comparato, on behalf of the Company, as the contract purchaser of the Property in the capacity described above, hereby;;?nsents to the establishment of the ProposedffiD./, / ~;/, 'f / /~ ~!1/~~:4# I, /1 /f/ ,y,; .v~;y: ~ .' _ Ja ai, . /,:/<'f'A"d -7f"-- //;, ;// ~ /.i)~//. /.....~y?/ Subscribed and sworn to befor~ee . ,Ii 30.~y of ~06, by James Co~rato, the Manager of WR 1, lie, a Florida limited . 'ility s0mpany, who personally appeared before me, [ ] is personally known to me or [ p(odye'td as Od if' . t .....- 1 em lCatIon. '.- C ___________ ~ ~1 Print Name: - A-u. ~ t. " 4. r'l"- ~ rJ P Notary Public, State of FloP; My Commission Expire" ~~ )'1. Jon+ FURlHER, AFFIANT SAYE1HNOT. [NOTARIAL SEAL] Nota """'"'',,,, Cl..AlJIlE'TTE DIAMC)t.I() f.fJi>>~ MY COMMISSION' DO 224139 ;,; : ; EXPIRES: June 19,2.001 I '%1,RY..: .. Boododlbru NoBy NlIc UnderwrIIers . rl,ilillll - Exhihit .'E EXHIBIT 4A ESTIMATED INFRASTRUCTURE CONSTRUCTION TIME TABLE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT IMPROVEMENT START DATE COMPLETE DATE SURFACE WATER MANAGEMENT INCLUDING RELATED EARTHWORK FEBRUARY 2006 MAY 2007 WATER AND W ASTE\V A TER SYSTEM MAY 2006 JUNE 2007 ROADS, PAVING & STREET LIGHTING JUNE 2006 AUGUST 2007 OFF-SITE IMPROVEMENTS SEPTEMBER 2006 DECEMBER 2006 Petition - E'.iuDit 4A EXHIBIT 4B CONSTRUCTION COSTS ESTIMATES BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT IMPROVEMENT COST SURFACE WATER MANAGEMENT INCLUDING RELATED EARTHWORK $3,655,000 WATER AND WASTE\V ATER SYSTEM $4,226,000 ROADS, PAVING & STREET LIGHTING $5,165,000 OFF-SITE IMPROVEMENTS $2,230,000 TOTAL ESTIMATED PROJECT COSTS $15,276,000 SOFT COSTS (ENGINEERING, SURVEY, ETC) $ 1,067,000 CONTINGENCY @ 10% $1,528,000 LAND ACQUISITION $3,500,000 TOTAL ESTIMATED PROJECT COSTS $21,371,000 Petition - Exhibit 4B EXHIBIT 5 FUTURE LAND USE MAP BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Petition - Exhibit 5 I I I I ( . -----_\ ~-~:~~~-3~:2:~.~~};}."~~:;1g~~k..~ lAM DENRn' _NJmAL lL>>III-.~" ILU.- MIDlW _,TY IlEaIDEffrIAL (11I-1- ....1 D.WAcre HIWt ....w_5NfIAL lNlIII- t... D.wAcre DPECIAL H1DH DI..,TY ""DlNT/AL C.IDO) ames ca_I_L COCJ lOCAL ItnAlL eaMMERClIAI. CLIIC) DE__L CDIIMIRClAL (BCJ ","Ie & ....VIaE GDVI_ENUlJINnnVnaNAL IPPlN1 MIIlIG WE (IiIlQ MIIlIlO .... co.. (IiIllC) MIIl.DUH.UMHdIAH~ FLUM - EXHIBIT 5 EXHIBIT 6 STATEMENT OF ESTIMATED REGULATORY COSTS BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT htition . Exhibit 6 EXHIBIT 6 BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Statement of Estimated Regulatory Costs June 2006 wratbe~ Hart, Hunt and Associates, LLC ...... dIftttI.~,.. _.,. 11I,,",-- Provided by Wrathell, Hart, Hunt and Associates, UC 1200 N.W. 17th Avenue, Suite 13 Delray Beach, Florida 33445 Tdephone: (561) 276-0889 Facsimile: (561) 276-3780 Website: www.whhassociates.com Petilioa-ElIIJiIlit6 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the Boynton Village Community Development District ("District"). The proposed District will comprise approximately 101.184 acres of land located in the City of Boynton Beach, Florida (the "City") and is projected to contain approximately 1,120 residential units and 409,000 square feet of retail/ office uses. The limitations on the scope of this SERC are explicidy set out in Section 190.002(2)(d), Florida Statutes CF.S.") (governing District establishment) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to managing and financing the service delivery function of the district. so that anv matter concerning permitting or vlanning of the development is not material or relevant (emphasis added)." 1.2 Overview of Boynton Village Community Development District The District is designed to provide district infrastructure, services, and facilities along with their operations and maintenance to a master planned residential development containing a currently planned 458 townhouse and 662 condominium dwelling units as well as 399,000 square feet of retail and 10,000 square feet of office uses within the boundaries of the District. A Community Development District ("CDD") is an independent unit of special purpose local government authorized by Chapter 190, F.S., to plan, finance, construct, operate and maintain community-wide infrastructure in large, planned community developments. CDDs provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S. A CDD is not a substitute for the local, general purpose government unit, i.e., the City or County in which the CDD lies. A CnD does not have the permitting, zoning or police possessed by general purpose governments. A cnD is an alternative means of financing, construction, operating and maintaining community infrastructure for developments, such as Boynton Village. Potitioo-EllIulli16 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2005), defines the elements a statement of estimated regulatory costs must contall:1: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obt~lnlng a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. The City of Boynton Beach is not defined as a small City for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under Section 120.541, F.S.(l)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. "Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S." 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The District serves land that comprises an approximately 1 01.184 - acre master planned mixed use development currently planned to contain 1,120 residential dwelling units and 409,000 square feet of retail/ office uses. The estimated population of the residential portion of the District is 3,500 + /_. The District will also include a number of non-residential landowners, whose number is expected not to exceed 100. 2 _'_16 3.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state or local revenues. There is no state agency promulgating any role relating to this project and there is no anticipated effect of the ordinance establishing the District on state or local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the results of adopting the ordinance is the establishment of an independent local special purpose government, there will be no enforcing responsibilities of any other govemment entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed establishment of the District. The District as established on the proposed land, will encompass under 1,000 acres, therefore, the City of Boynton Beach is the establishing entity under 190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate stricdy to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many govem.mental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs. City of Boynton Beach. Florida The proposed land for the District is located within the City of Boynton Beach, Florida and consists of less than 1,000 acres. The City and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District These activities will absorb some resources, however, these costs incurred by the City will be modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, the City already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by the required filing fee of $15,000 included with the petition to offset any expenses the City may incur in the processing of this petition. Finally, the City routinely processes similar petitions though for entirely different subjects, for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to the City of Boynton Beach, because of the establishment of the District, are also very small The District is an independent unit of local govem.ment. The only annual costs the City faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the City, or any monitoring expenses the City may incur if it establishes a monitoring program for this District. 3 PditiOD - Exhibit 6 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other of local government. In accordance with State law, debts of the District are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. Financing for these facilities is projected to be provided by the District The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estima.tes are shown in Table 2. Total costs for those facilities, which may be provided, are estimated to be approximately $17,871,000. The District may levy non-ad valorem special assessment (by a variety of names) and may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid through non-ad valorem special assessments levied on all properties in the District that may benefit from the District's infrastructure program as outlined in Table 2. Table 1 BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Proposed Facilities and Services FACILITY FUNDED O&M OWNERSHIP SURFACE W AlER MANAGEMENT CDD CDD CDD WATER AND W ASlEW AlER CDD CIlY CITY SYSTEM ROADS, PAVING & STREET CDD CDD CDD LIGHTING OFF-SITE IMPROVEMENTS CDD CDD CDD Prospective future landowners in the Development may be required to pay non-ad valorem special assessments levied by the District to provide for facilities and secure any debt incurred through bond issuance. In addition to the levy of non-ad valorem special assessments which may be used for 4 Ped1i0ll . Exhibit 6 debt service, the District may also levy a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, locating in the District by new residents is completely voluntary and levy of such assessments, as well as the prospect of such assessments, are noticed and disclosed fully. So, ultimately, all owners and users of the affected property choose to accept the non-ad valorem assessments as a tradeoff for the services and facilities that the District will provide. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. Table 2 BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT Estimated Costs of Construction CATEGORY COST SURFACE WATER MANAGEMENT INCLUDING RELATED EARTIIWORK WATER AND W ASTEW A TER SYSTEM ROADS, PAVING & STREET LIGHTING OFF-SITE IMPROVEMENTS $3,655,000 $4,226,000 $5,165,000 $2,230,000 SOFT COSTS (ENGINEERING, SURVEY, ETC) CONTINGENCY@10% LAND ACQUISITION $1,067,000 $1,528,000 $3,500,000 TOTAL ESTIMATED PROJECT COSTS $21,371,000 A CDD provides the property owners with an alternative mechanism of providing public services, however, special assessments and other impositions levied by the District and collected by law represent the transactional costs incurred by landowners as a result of the establishment of the District. Such transactional costs should be considered in terms of costs likely to be incurred under alternative public and private mechanisms of service provision, such as other independent special districts, City or its dependent districts, or City management but financing with municipal service benefit units and municipal service taxing units which are not districts, or private entities, all of which can be grouped into three major categories: public district, public other, and private. With regards to costs of public district mechanism of public services delivery to the developments within the proposed area, dependent and other independent special districts can be used to manage the provision of infrastructure and services, however, they are limited in the types of services they can provide, and likely it would be necessary to employ more than one district to provide all services needed by the development. Other public entities, such as counties, are also capable of providing services, however, their costs in connection with the new services and infrastructure required by the new development, transaction 5 Petition - E.xbibit 6 costs, would be borne by all taxpayers, unduly burdening existing taxpayers and would also be inconsistent with the State's policy of "growth paying for growth". Lastly, services and improvements could be provided by private entities. However, their interests are primarily short-term profits and there is no public accountability. The marginal benefits of tax- exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to enhance the quality of infrastructure and services. In considering- transactional costs of CDDs, it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents in the District will receive a higher level of public _services which in most instances will be sustained over longer periods qf time than would otherwisebe the case. i Second, a CDD is a mechanism for assuring that the community serVices will be completed concurrently with development of lands within the Development. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of local governance which is specifically established to provide District landowners with planning, construction, implementation and short and long-term maintenance of community infrastructure at sustained levels of service. . The cost impact on the ultimate landowners in the Development is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above, if applicable, what the landowners would have paid to install infrastructure via an alternative financing mechanism. Consequently, a Community Development District provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development infrastructure and services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of various public and private source. 5.0 An. analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52,. F.S. There will be little impact on small businesses because of the establishment of the District. If anything, the impact may be positive. Ibis is because the District must competitively bid all of its contracts and competitively negotiate all of its contracts with consultants. This affords small businesses the opportunity to bid on District work. The City of Boynton Beach has a population of 60,389 according to the Census 2000 conducted by the United States Census Bureau and is therefore not defined as a "small" city according to Section 120.52, F.S. 6 _. ExIdbil6 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner. In relation to the question of whether the proposed Boynton Village Community Development District is the best possible alternative to provide community facilities and services to the project, there are several additional factors which bear importance. As an alternative to the independent CDD, the City of Boynton Beach could establish a dependent Special District for the area or establish an MSBU or MSTU. Either of these alternatives could finance the improvements contemplated in Tables 1 and 2 in a fashion similar to the proposed District. There are a number of reasons why a dependent Special District is not the best alternative for providing community facilities and services to the Boynton Village Community. First, unlike a CDD, this alternative would require the City of Boynton Beach to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be directly and wholly attributed to the land directly benefiting from them, as the case would be with a CDD. Administering a project of the size and complexity of the development program anticipated for the Boynton Village Community is a significant and expensive undertaking. Second, a CDD is preferable from a government accountability perspective. With a CDD, residents and landowners in the District would have a focused unit of government ultimately under their direct control. The CDD can then be more responsive to resident needs without disrupting other City responsibilities. By contrast, if the City of Boynton Beach were to establish a dependent Special District, then the residents and landowners of the Boynton Village Community would take their grievances and desires to the City Commission meetings. Third, any debt of an independent CDD is strictly that District's responsibility. While it may be technically true that the debt of a City-established, dependent Special District is not strictly the City's responsibility, any financial problems that a dependant Special District may have may reflect on the City. This will not be the case if a Community Development District is established. Another alternative to a CDD would be for a Property Owners' Association (FOA) to provide the infrastructure as well as operations and maintenance of community facilities and services. A CDD is superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds from the municipal capital markets. Second, as a government entity a CDD can impose and collect its assessments along with other property taxes on the County real estate tax bill Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit of local government. This provides a higher level of transparency, oversight and accountability. 7 Pc:titiOD.~E.""ibit6 7.0 A description of any good faith written proposal submitted under Section 120.541 (1) (a)t F.S. and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. No written proposal, statement adopting an alternative or statement of the reasons for rejecting an alternative have been submitted. Based upon the information provided herein, this Statement of Estimated Regulatory Costs supports the petition to establish the Boynton Village Community Development District. 8 _. Exbibit 6 APPENDIX A LIST OF REPORTING REQUIREMENTS FL. STATUE REPORT CITATION DATE Annual Financial Audit 190.008/218.39 12 months after end of Fiscal Year Annual Financial Report 190.008/218.32 12 months after end of Fiscal Year TRIM Compliance no later than 30 days following the adoption of the property tax Report 200.068 levy ordinance/resolution (tile y':..u~ I-'ropertv taxes) Form 1 - within 30 days of accepting the appointment, then every year Statement thereafter by 7/1 (by "local officers" appointed to special district's of Financial board); during the qualifying period, then every year thereafter by Interest 112.3145 7/1 (by "local officers" elected to special district's board) Public within one year of special district's creation; then annual notice of Facilities any changes; and updated report every 5 years, 12 months prior to Report 189.415 submission of local government's evaluation and appraisal report Public Meetings Schedule 189.417 quarterly, semiannually, or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.416 within 30 dayS after first mee~ of governing board Proposed Bucket 189.418 prior to end of current fiscal year Public Depositor Report 280.17 annually by 11 /30 9 _. Exhibit 6 EXHIBIT 7 PROPOSED ORDINANCE TO ESTABLISH THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT _-EmiIliI7 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THAT DISTRICT; APPOINTING THE INITIAL BOARD OF SUPERVISORS; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on ,2006, 1950 Congress Avenue, LLC submitted a petition to the City for the creation of a community development district to be known as the Boynton Village Community Development District ("District"), in accordance with Section 190.005(2), Florida Statutes; and WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part hereof contains the information required in Section 190.005(9)(a), Florida Statutes; and WHEREAS, a public hearing on the petition was conducted by the City Commission on , 2006, at City Hall in accordance with the requirements of Sections 190.005(2)(b) and 190.005 (1) (d), Florida Statutes; and WHEREAS, the City Commission has reviewed the six (6) factors set forth in Section 190.005(1)(e) and the record of the public hearing held on , 2006, in m~king its detettnination as to whether to grant or deny the establishment of the Boynton Village Community Development District; and WHEREAS, the City Commission has determined that: 1. That all statements contained within the Petition have been found to be true and correct. 2. That the creation of the District is not inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. Petition - Exhibit 7 3. That the land within the proposed District is of sufficient size, sufficiently compact and sufficiently contiguous to be developable as one functional interrelated community. 4. That the creation of the District is the best alternative available for delivering the community development services and facilities to the lands within the District boundaries. 5. That the proposed services and facilities to be provided by the District are not incompatible with the capacity and uses of existing local and regional community services and facilities. 6. That the area identified in the Petition is amenable to be included in the proposed District; and WHEREAS, the City Commission has determined that the creation of the Boynton Village Community Development District would be consistent with the criteria for community development districts as set forth in the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above 1S true and correct and herein incorporated by this reference. Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the City Commission of the City of Boynton Beach, Florida hereby establishes a community development district as follows: CREATION AND NAME: There is hereby created a Community Development District to be known as BOYNTON VILLAGE COMMUN'IY DEVELOPMENT DISlRICT. LEGAL DESCRIPTION: The legal description for the Community Development District is attached hereto and incorporated herein by reference in attachment to the Petition which is attached 2 _.E>iIIiIllt7 as Exhibit "A" to this Ordinance. In addition, a map depicting the land area to be serviced by the District is attached to this Ordinance as Exhibit "B" and incorporated herein by reference. BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows. Their terms, powers and duties are as described in Chapter 190, Florida Statues: (a) James Comparato (b) Timothy R. Kelly (c) Alan Thomas (d) Joseph Filippelli (e) Michael Troxell Section 3. The Board of Supervisors shall have only such powers as set forth in Florida Statutes 190.011, 190.012(1), 190.012(2)(a) and 190.012(2)(d). Section 4. That any individuals who purchase property in the District should be advised of the existence of the District, as well as the costs associated with owning property within the District. Section 5. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 7. Section 8. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. 3 Petition - Exhibit 7 FIRST READING this day of ,2006. SECOND READING and FINAL PASSAGE this day of , 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice-Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk 4 _-E.dlIbiI7 ;{.'/'""'Sl'..<'"~\ f""',; '. . l.$", \00\ .. - -if.; J-.', ./"r 1, 72' __--~-~~ y (.) i~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1\. IX. - CITY MANAGER'S REPORT 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 D August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) IZl August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2,2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21,2006 November 6, 2006 (Noon) D Announcements/Presentations IZl City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM 0 Consent Agenda 0 Legal D Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDATION: Review possible adjustments to proposed 2006-07 Budget to reach City Commission request for a 7.0% base millage rate, if possible. EXPLANA TlON: At the budget review sessions on July I I th and 12, the City Commission requested that the City Manager review expenditures in the General Fund to determine if a reduction in the base millage rate from the recommended 7.2% level could be reduced to 7.0%. It has been determined that a total of$70],187 in either budget cuts or new revenues would need to be made in the General Fund to meet the goal. The staff has completed the review and has identified $881,2]2 in adjustments that would be $180,028 over the target. This would allow the millage rate to be reduced to 7.0% with several program and service reductions as noted below. Staff also reviewed building revenues again. One additional project was identified in 2006-07 (Gulf stream Lumber) that potentially would generate $],025,708 in one-time building permit revenues. Staff has not include this in the calculations for the 7.0% millage target because there is a very good chance this project and others will be delayed due to the multi-family residential construction slowdown. Therefore the projections are without this additional revenue. Staff does not recommend assuming this building permit revenue as the basis for a millage reduction to 7. O%. Rather, on-going operating expenses must be reduced. If the funds actually come in, staff can include this as a revenue that will then fall to the bottom line as part of the General Fund un-obligated reserves. Due to the uncertainty in the residential market, we do not recommend placing this additional revenue in the budget. PROGRAM IMPACT: The following program reductions should be noted with the budget reductions: Sister City Program - Eliminate Participation Community Investment Funds - Reduction Holiday Bonus - eliminate for 2006-07 Special Events (eliminate one program) Canal Maintenance (eliminate program) Reduce Library Hours (M-Th noon-9PM, F,Sat to 6 PM) Reduce Tennis Center Hours (summer one day a week) $9,000 $25,000 (keeps it at present level) $66,782 $10,000 $20,000 $100,600 $ 15,000 Other expenses are incremental costs reduced. City Manager's Office - Admin Asst Utilities - Admin Clerk (one of six) Fire Inspector (delay hiring two-months) S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC There are two staff positions (currently vacant) that would be eliminated: $43,913 $28,387 $ 6,000 'V~;\-rY Ok- t .'.,,' "" / .... \ \. ) 0\ ::::: 0\ . ..0 }-'''..-'', ._ .-.- ._. /: '7' I"v 'V~.' =_."c."~? "V r-o N \? CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM In addition, there were expenses added to the budget based on budget discussions at the budget review sessions: BB Symphony - (add for BBHS costs and stipend for conductor) $ I 0,000 Generator Grant Program 2006-07 $60,000 Anti-Bullying Program $10,000 Two other activities were noted as needing adjustment: Overtime for Bahamian Independence Event Reclassification of Code Compliance Office Asst to Admin Asst. * $1,000 $4,028 * Note: Staffre-reviewed the data on the Code Compliance Officer Position ($32,742) and does not recommend a reclassification based on comparable salary levels in other communities. See staff report attached. FISCAL IMP ACT: See attached supplemental information ALTERNATIVES: 1. Review the proposed cuts and take those the Commission is comfortable with and adjust the millage level downward from the recommended 7.2% to a lower level. 2. Accept the City Manager's Original Budget Recommendation with the items added by the City Commission at the budget meetings and the OT for the Bahamian Independence and upgrade of Code Compliance clerical position. Millage would be at 7.2%. 3. Include the Gulfstream Lumber Building permit revenues of $1,025,708 as part of the General Fund Base and use this to reduce the levy millage to 7.0% (not recommended) ~1 - ~ City M nager's Signature Assistant to City Manager t>>f/ Department Head's Signature City Attorney / Finance Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC " ~ ~\,. Y__~o ~.'..' f' .......'\, r. . \ L.. \ \C t,: - - J J': 0\ ,,- , -Iv J.>v""^'- ,<<j/~&, 7 1'"0 N~' \? ~,;/ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Budget Recap and Issues List From meeting of July II, 2006 and Meeting of July 12, 2006 - This summarizes any changes in the budget. Tax Rate and Assessment Review Reviewed options to further reduce the tax rate beyond the recommended rate of7.4%. Based on new assessment data and new state shared revenue. The rate could be reduced to 7.2% w/elimination of the Water Utility Tax and still have a surplus of about $200,000. The value of each l/IOth ofa mill is $457,137. 8/7/06 Update: See data sheet as Exhibit A for specifics on Millage Projections. Staffing Issues Police: Lt. - kept in budget HR: HR Analyst - kept in budget Building: Fee Coordinator and GIS Addressing Analyst - Kept in Budget* Planning and Zoning: Planner * Library: Community Relations/Mkt Mgr - deleted from budget ($52,268) · Commission asked staff to review hours of operation to consider Saturday hours for permit handling. · Commission asked staff to veriry revenues for building activities as at least one member of the Commission felt the revenues were too low. Finance and CM will review and report back results of analysis. 8/7/06 Update." Budget will be changed to reflect this staff cut. Saturday Building Department Hours are being reviewed by staff and a supplemental report will be provided. Goal is to add se/Vice hours without cost increases. Building Permit Revenues have been reviewed. One additional project - Gulfstream Lumber has not been added. This would generate approximately $1/025 M. if built. Staff recommends not including this in the revenue base for 2006-07. Building Hotline Update -Interim Report prepared and distributed to Commission 7/12/06. 8/7/06 Update: Additional copy attached as Exhibit B. Fire Assessment Accounting - consensus was to show all revenues and expenses through the Fire Assessment Fund instead of General Fund and CIP (no dollar difference - just reporting.) 8/7/06 Update." These fund accounting changes will be completed for the final budget document. There will be no change in the bottom line. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Code Compliance Inspectors - CM provided comparative information by Commission. Will re-review the issue and determine if reclassification is appropriate. This had previously been reviewed as part of salary and compensation study and an appeals process. 8/7/06 Update: Staff report from Human Resources is attached as Exhibit C. No change is recommended based on comparable salary data that shows the current pay range of the Boynton Beach positions to be higher than comparable communities. Shopper Hopper - Statfto do program review in light of new transportation services now available. This will be done next fiscal year. Funds ok as presented. 8/7/06 Update.' Staff will prepare a report for early 2007. BB Memorial Fund ~ Commission had questions on how fund reserves were reported. Bill Mummert to review with statute and respond. 8/7/06 Update: See report from Finance Director as Exhibit D. Fire Operations - Staff will provide supplemental information on Fire Operations staffing modes. 8/7/06 Update.' Comparative staffing levels report attached as Exhibit E. Library Fines Fund _ Statfwill provide supplemental report on all non-budgeted funds and how we account for revenues and expenditures. 8/7/06 Update.' See report from Finance Director as Exhibit F. Code Enforcement Fines - No specific issue regarding the revenues on page 34, rather a request that staff perform review on lien placement and lien reduction process. 8/7/06 Update.' Staff wi/I prepare report for early 2007. City Manager Goals - Requested that final version of budget have goals that reflect improving services and programs to benefit the handicapped, veterans and support cultural activities. - pp. 42-43 8/7/06 Update.' Revised Goals attached as Exhibit G. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC gc'\,.'!:.o~ . . '>,. . . \ )'.. .. 1x ..>0;,. ii 0\--..- .- I fJ .' /( .f- '" -~'...,,' - _",/ '" \"" ,~"-. . )'0,.. '3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Special Events Goals - Commentary on whether to specifically include the BB Symphony Orchestra in the goals. Ultimately, the Commission on a split vote agreed to add $10,000 in account 48-24 on pp. 57-58. The funds would be used only ifthe Boynton Beach High School was not willing to extend the use of the High School at no charge to the orchestra. This matter is pending with a proposed amendment to the intralocal agreement. Also, City Manager will write a letter to CRA Director Bright asking for early confirmation of their $50,000 match to fund Heritage Festival. The City allocation is $50,000 (pg 58). 8/7/06 Update.' Goals were not changed to refled BB Symphony Orchestra. The $10,000 was added to the budget. The current proposal is to set these funds aside for the possible cost of rent at BBHS. In addition, a member of the Commission has requested that the orchestra diredor receive a monthly stipend similar to the amount paid by the City to the Gold Coast Band diredor. This is a long-term program that has occurred for years with funds being paid in part from concert revenues and Recreation Program Revenue funds. The total estimated cost of the orchestra stipend is not to exceed $3,000 a year and would be included in the $10,000 amount above. The CRA has confirmed the match of $50,000 for Heritage Festival. Recreation and Parks Goals - Concern raised about the time schedule for the fund-raising for the Boundless Playground. Staff agrees to refine the goals to reflect a shorter time frame. Assistant City Manager Hawkins explained the process of establishing a not-for-profit corporation or foundation to solicit funding. The goals will be changed to reflect this. The projected establishment date was early 2007 instead of September 2007. (pp.197-199) 8/7/06 Update: This was discussed at the City Commission meeting of August 1, 2006. A fund raising campaign for Congress Avenue Boundless Park will be implemented by September 2007 initiated by September 2006 pending the results of the Funding Feasibility Study. Revised Goals are attached as Exhibit H. Boundless Playground in CIP - page 322. Commission discussed the project and the $4.3 M revenue and $4.3 M expense. Staff assumption in the budget was that this would be 100% grants. Commission felt a better breakdown of the project components was necessary for the final budget along with a staging plan. Commission agreed that project should go forward, with the handicapped accessible portion first. Staff would review this and get back to the Commission including completion of a feasibility study. The purpose of the feasibility study was to hone in the project components and identify the areas where external funding could be sought. Parallel to this is the establishment of a fund-raising organization (foundation). Commission was not comfortable with allocating the $1.0 M in un-obligated funds from the 2006 $20 M bond issue. Any allocation of these funds would occur later. 8/7/06 Update.' This was discussed at the City Commission meeting of August 1, 2006. Essentially, staff is looking for diredion from Commission as to whether the Commission wishes to allocate funds for a Phase 1 and 2 of the park (approximately $3.0 M with engineering). Phase 1 is restoration of the buffer damaged by the well project. Phase 2 is construdion of the play area with associated site work. Phase 3 is construdion of the remainder of the park. Phase 4 is the removal of exotics and replacement with a landscaping buffer. The consulting firm Gladding Jackson presented the Master Plan for the Boundless Park at the August 1 Commission meeting. This included a phasing plan involved 1) replacing the buffer, 2) removing exotics, 3) construding the park and boundless center, and 4) building the restroom/pavilion, entry bridge, boardwalk, splash fountain, trellis, pavilions and entry drive. It was noted that the Master Plan showcased the vision for complete development of the park. This should be considered a "wish list': We may choose to implement the entire Master Plan as presented, or choose whatever elements are deemed appropriate based on available funding. The funding feasibility study, which was approved at the August 1 meeting, will provide us a good starting point in terms of how much funding will potentially be available for development. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Library furnishings - page 324-After discussion, the City Manager advised the Commission that staff needed to coordinate their proposal for furnishing (bid vs. state purchasing) with the City Manager first rather than make a direct presentation to the Commission. Commission is expecting a follow-up report from staff on this as soon as it is ready. 8/7/06 Update: City Manager is currently reviewing a report provided by staff this week. Library Roof - page 324 - The replacement library roof is included in the contract with the current contractor for library expansion. Remove $160,000 from CIP line item "Library Roof' and add to CIP line item "Library Expansion." 8/7/06 Update: This has been resolved. Jaycee Park - page 327 - While staff answered questions on this at the meeting. CM will be asking for a more detailed sources and uses analysis of this project. 8/7/06 Update: The 95% complete plans are being reviewed by Dave Stump and Laurinda Logan. Their comments will be forwarded to the engineering firm, then sent to Building for permitting. Park elements include a picnic/restroom facility, two picnic pavilions, two bocci ball courts, a large play area, picnic tables, walking trail parking area and landscaping. We hope to bid in November with a 6 to 8 month construction window. Lighting for Little League Park - page 327 - Staff will be coming back to Commission with a possible proposal for ajoint venture with the Little League organization for the lights on Field #1. This should be done this fiscal year, if possible and would save the City about $80,000. 8/7/06 Update.' Recreation provided the following chronology of the discussions with EBLL. Based on this, it is doubtful that the project will be finished this fiscal year (by October 1,2006). 5/11/06 Discussed Little League taking over maintenance and management of the fields. They believe that between volunteers and their budget, they could contract with Sports Turn One for maintenance. They will discuss with the board and get back with us. A subsidy from the City was discussed. It was felt that the City could help subsidize the maintenance. 6/28/06 Discussed installing Musco lighting on Field 1 using volunteer contractors. They were going to put together a volunteer package. We have not received that to date. Discussed Little League taking over management and maintenance of the park. They were given a copy of the annual maintenance costs. They will meet again to discuss this and get back with the City. They were asked to put together a draft contract for maintenance and management. The City has not received anything to date. The City sent the irrigation well out to bid and received no bids. The bid was sent out the second time to seven (7) new well drillers. No bids were received. Discussed trying to install new lighting on Field 1 before the October 1 new budget. Will discuss at the CIP meeting. The Fire Department is working with a smoke hood company to install the proper hood and extinguisher so that Little League can make french fries again. It will be donated. 7/14/06 Little League had an alarm system installed inside the building. The contractor did not apply for a permit prior to installation. When the Fire Department went to do a regular inspection, they tripped with alarm system. Little League was contacted and they distributed the alarm code to all appropriate parties. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC (..' .c~. · '," '-..... 0 ..~. " 10-. . \) r iJl\ /v 0:\.. /'?'. ~ '-,. - -~ --~~ ~ N :>. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Sara Sims Park and Purchase - page 329 - Staff will clarifY with the Cemetery board that expansion of the cemetery for interments may not be an option to consider given community preferences. A passive park is a good idea. However, the movement of the park from 2007/2008 to 2010+ occurred because the CRA has opted to not fund this project. The City Manager was requested to prepare a letter to CRA Director Bright asking for clarification on this project from the CRA Board. 8/7/06 Update: CRA has responded to the City's request and will place $1.0M in their budget each year for 2007-08 and 2008-09. This will allow the project to be moved forward from the CIP's ''future'' column. Veteran's Memorial - Staff informed the Commission that a contract for the memorial will be issued by the end of August 2006. 8/7/06 Update: No new update on this project. It is somewhat complicated by the fact that the memorial itself may move from Veteran's Park to Bicentennial Park with movement also of items from Intracoastal Park. Anti-Bullying Campaign - The Commission authorized $10,000 to be added to the General Fund budget for this program to occur at Galaxy Elementary and Congress Middle. 8/7/06 Update: Done Water Utility Tax - The Commission stated that they did not want to include this revenue item. This is a revenue reduction of $390,000 in the General Fund. 8/7/06 Update: Done. The revenue was reduced. Commission approved the draft tax rate resolution of7.2% base millage. Vote Was 3/2. Direction to staff was to see if the millage rate could be cut to 7.0% with budget cuts. Vote was 4/1. The estimated expenditure cut will be in the neighborhood of$650,000 to meet this target without using fund balances (deficit budget.) 8/7/06 Update.' The actual target amount to achieve the 7.0% millage level was $701,187. For a detail on the cuts and additions see Exhibit L Additional items included with this packet are: ExhIbit J: 2006-07 Building Department Project Listing - These are the approved projects ''in the hopper for development." Please note City Manager's Comments about Gulfstream Lumber project. This project or others may be delayed due to the economy. Exhibit K: Comparative Staffing Levels - This is a comparison of staffing levels between Boynton Beach, Delray Beach, Boca Raton and West Palm Beach. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 4: ;e .r:: x w OIl I-.!l ~W'" Oe>1lC ....0>< W... ::l ... mml- zoi o~~ 1-0- ~Q.~ 00"1:1 mllCc( Q. II> ~~~ ~~~ -<Dc. ugE N 0 u o o o 0 T""lc.~ 00" N~ , '" '" :J >-10 ~> o o o 0 Bg~ N:;:; , '" "':J CllIO ]> Cll u c ~ ~ is ~ '" '" Cll '" ~ L co o ci N ~ 0> '" 0> CO ..... vN'" ...... ~'" <I5~N ...... VM ..... ..... ~, '" '" '" - "', '" '" '" " '" 0..... ..... v" v'" MO '" '" " v '" CO ?""l" .-fo) V 1'1 v ...... 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(561) 742-6010 FAX: (561) 742-6011 www.boynton-beach.org To: From: Date: RE: Cc: Mayor Taylor Vice-Mayor McKoy Commissioner Ferguson Commissioner McCray Commissioner Ensler 1 J Carisse LeJeune, Assistant to the City Manager ~ July 12, 2006 Building Department Hotline Kurt Bressner, City Manager Wilfred Hawkins, Assistant City Manager Jim Cherof, City Attorney Quintus Greene, Director of Development Per the request of a member of the City Commission at yesterday's Budget Workshop, July 11, 2006, please find attached to this memorandum the status update report of the Building Department Hotline. On April 21 ,2006, the Building Department Hotline was established and advertised for residents to call in with issues, concerns and information about their experiences with the Boynton Beach Building Department. Since the date of implementation, the hotline has received a total of twenty-six calls. Three of the calls were a direct result of miscommunication between property owner and contractor. Staff has implemented a new procedure whereas the property owner is contacted at the same time as the contractor when a permit is ready to be picked up either for additional comments or for approval. Two of the calls were customer service related, and staff has been counseled. The department is also implementing in-house customer service training on a continuing basis. Three calls were status update inquiries on permits, one was regarding a customer disagreeing with a final inspection, and two calls were complimentary. Eight of the calls were unrelated to the Building Department and customers were referred to the proper department or outside agency. Seven of the calls were regarding extensive time lags in receiving permits or plan reviews. All calls have been answered and addressed. The last call received was on June 30, 2006. Two of the listed calls were actually letters, which I have attached to this report, and are identified as such in the spreadsheet. I have also met with Nancy Byrne, Assistant Director of Development, and Bill Bucklew, Building Official, to discuss some of the issues. It has been determined by the Building Department management staff that most of the concerns were a direct result of understaffing and hurricane related issues. During that time period, two key Application Technicians were out of service and staff from other areas of the department was filling in. Increases in wages due to the MGT Study have allowed the building department to fill most of the vacant positions and the back-log on permitting has been relieved. In addition, Mr. Bucklew has begun to implement changes in the department. He is increasing internal communications by holding weekly staff meeting with Building Inspectors, Plan Reviewers and Supervisors. This is an open communication meeting where issues are brought to the table for resolution and training sessions are performed. Mr. Bucklew is also reviewing the policies and procedures for the department with an emphasis on resolving inconsistencies. He will be establishing a procedural manual, driven by issues and past practices from his career experiences. He will also be reviewing the Plan Review process and empowering inspectors to make in-field decisions in order to streamline processes. Also, management staff has been working with the IT department to take advantage of new technologies and to update existing software to increase efficiencies in the permitting process, to eventually include a web-based permitting system. In conclusion, due to the low quantity of incoming calls directly related to building issues, it is my recommendation that the Building Department Hotline either be discontinued or moved to a designated manager in the building department for monitoring and resolution. Should you have any questions, or require any additional information, please contact me at (561) 742-6012, or call my cell phone (561) 424-1793, or via e-mail at leieunec@ci.bovnton-beach. fl. us. Thank you. 2 AMERICA'8 GATEWA Y TO THE GULF8TREAM .E~ c: *.. 0>.... 0 ;:CO c: .s~ (j)....>-S?O ~(/) EOlll....c: ~ .S '0; U ;; in "5> ~ c: .r:..g (j) '. ~ >E~~5.r:.~.9~ Z4:: ~UOlllU3:!~~~ O~=c: .9t::!O~ i= cD ~.~ l!i .Q u v 3: ~ ::JOlll...."""c:c:c: -J ;:: 0 .E ...: .- III 0 ~ ONZ U(j)<Olll<Olll (I)~ ,~~.r:.!2 (/)!2 > W....<oOl6lll....::lV.... ~OONU>t::!Ot::!Elll .... lll.r:.V U~.S o>V.... 0 ~N....E C:lll~ii) E~.E lll-g ~~::;U::l O. . a. 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'<t \{) e 00 00 W n:: c c c( W :E-g c( 11I 0 Z 32'C ou .C 0> U)Ui -0 0> .... ;:, C" ~ C o U 11I o Z ~ Z ~ Z ~ Z .... o ~>- ~~Cl 11I E 0.,2 -0 11I E 0 c.s:::. 11I 0 ::JOOO:: ~ Z b C ;:, o o o - -0 0> .... ~ 0> n:: ~ Z ~~ ZZ '<tON ""'CD\{) O\{)CD "",mLO , , I CD'<t'<t ~~~ .........-....-.. ..- ..- ..- CD CD CD ~\{)e 0> > <( .s:::. - \{) ..- ~ (J) ..- ~~ CD 0 zz N en 0 -o.~ -g m:2~ 8 ~a... t:''O~ C 0> en E u.. 0 .!!! 0 U =11I0>"Eu(j)11I0 >-'C C 11I ~ C t:: en B:~~So~~~ JOHN P EDSON 142 SAUSALlTO DR BOYNTON BEACH, FL 33436 954-520-5049 (cell) Rr.'-';::-1\:.-:1 , !__ j '~_l f .. t_ I c':N-L ~2~ J ('""n' ~.! ,'Ir.ij\('.c. r",. r"~T!('r: '! I ~'_.:~_~~.~:_~._.~~~~ 22 June 2006 Mayor, I will preface this letter by saying the 2005 hurricane season has caused numerous snags and problems for us aU. Delays are to be expected, however, patience on the part of many Is wearing thin regardless of how well meaning agencies and companies helping to get us all back to normal are. I am one such .person and want to make my complaint to you regarding your building and permit department. After Wilma, in Novem.ber of 2005 I contracted with a company to replace my screen porch which vanished during the storm. The plans were drawn and submitted for a permit to do the work in November 2005. It Is now June 2006 and finally I have a permit and the work is going to commence on Monday 26 June 2006, God willing. I used all the restraint I could muster waiting for the approval and finally I had to come down to City Hall personally (taking time off from work) to see what was going on. This was in April. To my horror I found my application rejected sitting on someona's desk waiting to be sent (when they got around to it) back to the contractor. No notification was sent to me or the contractor and I have no Idea how long it had been sitting there and no one was willing to tell me. After finding out what the discrepancy was, I took the rejected plans personally back to the contractor for correction. We (the contractors engineer and I) hand walked the plans back to the building department and set up camp to await our turn to have the plans reviewed and hopefully approved. Thankfully this only required a two hour walt. To our chagrin we just happened to get a trainee who did not even know what book to look Into for the proper codes or even know how to operate the computer program for the application approval. Another hour plus down the tubes, and more money out of my paycheck. Finally, after a mere three and a half hours and $50.00 for a reapplication fee, I had my approval for a permit. NOT the permit just the approval to get one. Taking this in hand we asked how long it would be before we had the permit. No o~e could give us an answer. Holding my rage in check, we left the application with the department in hopes we could start construction soon. Three weeks later ...... three weeksl I was Informed that I finally had a permit. Total time elapsed EIGHT monthsl Total lost wages 16 hours at $24.50 per hour equals $392.00. Mayor, your building department is a joke and a shambles. There is no reason on earth that this process should have taken as long as it did. There is also no reason either the contractor or I was not notified Immediately of the failure to meet code. I suggest the following: 1. Get some people in there that are competent. 2. Go over the process and find out ways to stream line it. (I know with the hurricanes you were inundated with requests for permits but EIGHT months?) 3. Get some sensitivity training for your people. Every one I had to deal with needs an attitude adjustment. Regafj~ ~ohn ~ The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISION 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-742-6357 www.boynton-beach.org July 11, 2006 John P. Edson 142 Sausalito Dr. Boynton Beach, FL 33436 Mr. Edson, I have reviewed your letter and concerns regarding your screen porch and the issues involved in obtaining the permit for the repair work. First, please accept my sincerest apology for the delays and your less than favorable experience with the department. As you so adequately stated in your letter the 2005 hurricane season was very devastating to a lot of citizens. The impact on our Building Department was tremendous as it was on most of the departments in the County and State. The only explanation that can be offered at this point is that your contractor first applied during a time of staff shortages with our department. This coupled with the volume of permits that were coming in was totally overwhelming. We all have learned lessons from the past two years ,and the storms that they brought to our shores and I can assure you that the City of Boynton Beach has taken the necessary steps to correct the deficiencies that led to your situation. We have filled many of the vacant positions that existed and have begun an intensive training program for these new individuals. In addition, since joining the staff as Building Official in March I have been reviewing the policies and procedures that are in place in order to identify bottlenecks and increase efficiency and customer service. This will be an ongoing effort and as problems arise the steps necessary to correct them will be taken. . Page 2 July 11, 2006 I sincerely hope that any future experience you have with our department will be a positive one and should it fall short of your expectations I would invite you to contact me personally so that we may discuss the issue and get resolution right away without having to wait a number of months. Again please accept my apology. In building safety, w~e.~ William C. Bucklew Building Official City of Boynton Beach, FL 561 742-6373 cc: Jerry Taylor, Mayor Carisse LeJeune, Assistant to City manager Quintus Greene, Director of Development VENETIAN lERRACE CONDOMINIUM .20/;1 S. W. 15m Ave. . I!oyatoD Beado, PI. 33426 Pholle:~52 July 4, 2006 .. JI1tr GrIUlIIIl MfIiI Rdlll7l l&ct!t1t RblIU!SI4tl and u.ti MaU Mayor Jerry Taylor City of Boynton Beach City HaJl 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33426 Dear Mayor Taylor: _4__ . _ __, _.. ..____.._ _ __.. Th.., Board of Direc:ton of Venetian T~ Colldominiwn is writing to yo~ as a JaSt reSort and :We - - . sincerely hope you ean help u.s. Our development eusta.ined .i.gnifieut darnaae durin. Hurricane Wilma last year. W. baw settled our insurance claim and have hired a roofin. company (ServiceMuter) to iDstaJ. new 1'00& on our 12 buildings. The roofers have all 1M DPCC!ISary equipment in 1raiJers on OUt property; however, nothm, ~ be done siDee we are ~ IIWlllitiar DenUb .from the City of 8oyntoa Beach. III the IDeIJItimo, the roofers are lO8ln, a si,gnificant lnOunt of business by the day. We lave complied with all the rtquirementa oftbe City of Boynton Beach and haveapplicd for all D"CeSsary pe.rmif3, however, ourroofersjUltsit and 'Wlitweekafterwedc because we arc not bcini faaued pwmitv by the City. We Iurvo heard of ofher ooadomblJum developments in tbe City of Boynton Beach that ha~e been waitiq ~O YEARS FOR. PE1lMl.nl to l"CIlovato buiJcUnss, roofS, windows, etc. that have been .um.&ed by the pr8Vimu two MtlIOAl' hur.rieaDu. ThIs it abIoIutoly ridiculous aad ~J.. One of our buildinsJ bad to be totaUy ~ (8 unib) and Iw to be completdy I'ClIIOVIted fDsIcIe as f4r II sbeebock, 1Ioors. etc. and notbfugcan begin J.w.in.nse \YO havo no permits and no one II City .Hall ZouinswiJl give UI any ~ Perhaps the Zoning Oepanmem should be mote adeqUlltcly 5taffcd, cspcc;.ny in a statotbu is JX'ODOto .uniClD.el. The people who own unjqin ..... ptfod buildinJ InIIDXiouI to returo IIDd bave DOt been able to for aJmo.st ONE YEAR. WouId)'ou lilcl'! to be.dim~ 8'om \'Our home for . VUJ"} Mr. Taylor, u mayoroftboCityoCBoyatoa IJeaeh. plase advise whazcan be done to speed the permit proceSI. In a clty IS bJ. as tbiI add with new condominium. beina CODstructcd eVllf)"Wben (RenaiaSUlce Commons, The Pro--de. etc. *.), perhaps..8oyton needs a biger and mon adoqutely staffild Zonin, Department to iauo penults. We anxiously await your attention to this matter. People need to mo'Ve back into thoir homes. Pleue. Sincerely, . ~!c!.~AnocMtioo Debn Miller, Property MlJIagef Anne FJ)'f, Board ofDirectcrs RECEIVED JUL 1 0 2006 CITY MANAGER'S OFFICE - - The City of Boynton Beach DEVELOPMENT DEPARTMENT DIRECTOR'S OFFICE 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Be<lch, Aorida 33425-0310 TEL: 561-742-6350 FAX: 561-742-6089 .. www.boynton-beach.org July 13, 2006 Anne Frye, Board of Directors Debra Miller, Property Manager Venetian Terrace Condominium Association 2061 S.W. 15th Ave Boynton Beach, FL 33426 Re: Hurricane Damage Permit Concerns Dear Ms. Frye & Ms. Miller: I have reviewed your letter to Mayor Taylor regarding concerns with delays in issuing permits for repair of damage to Venetian Terrace caused by Hurricane Wilma. As you so adequately stated in your letter the 2005 hurricane season was very devastating to a lot of citizens. The impact on our Building division was also tremendous as it was on most of the Building departments throughout the County and State. Timing could not have been worse for us here in Boynton as the building division was also in a state of extreme staffing shortages immediately following the hurricane which continued up until this past April. Fortunately, we have been able to hire experienced replacement personnel and are again fully staffed. I am keenly aware that our level of customer service dropped dramatically over that period of time, but I have not, however, been able to substantiate the claims made in your letter concerning delays in issuance of permits for Venetian Terrace. In two conversations with Ms. Miller just this week, it is clearly evident that your contractor had not made application with the City as of July 4, the date of your correspondence. In fact, staff advises that the contractor selected by Venetian Terrace arrived just this morning with applications for 16 permits. Bearing that in mind, please be assured that we are prepared to expedite your applications through plan review to assist your contractor in securing the necessary permits to repair the buildings as quickly as possible. I sincerely hope that any future experience you have with our department will be a positive one and should it fall short of your expectations I would invite you or your contractor, to contact me personally so that we may discuss the issue and get resolution right away. My direct office number is (561) 742-6374 Sincerely, 6~~ Assistanr6rector of Development XC: Mayor Jerry Taylor The City of Boynton Beach EXHIBIT "C" I I i I t f?[r,EiVED 100E. BOYNTON BEACH BOUDEVARD P.O. BOX 310 BOYNTON BEA CH, FLORIDA 33425- 0310 HUNIAN RESOURCES: (561) 742-6275 FAX: (561) 742-6274 r--------.-<.~.<.- i ! I lJUL 1 9 2006 I l___~._.._.~__.._____J InIT\/ ;,r.'.r '''''-,'./-, 0 L::.i.~L~_..___. ~,,_i_.::.~L_.~j ~-~----, To: Kurt Bressner, City Manager Sharyn M. Ooebelt, IPMA-CP 8m~ Human Resources Director ~ From: Date: July 19,2006 Subject: Code Compliance Reclassification Analysis This correspondence is in response to your request to conduct a salary analysis for the Code Compliance Division. I have reviewed the Code Compliance "survey" submitted at the Budget hearing and conducted additional research. As part of the Classification and Compensation Study MOT identified entitles to target and positions to benchmark in the City's salary survey. The entities were in Palm Beach and Northern Broward County. To maintain an equitable system the same entities were consistently utilized for all positions. In contrast, the "survey" submitted at the budget hearing had a limited number of entities and five (5) were included that were not used as a target by MOT. According to MOT, it is not feasible to target all job titles in the City, thus select job titles were identified as a benchmark. The Code Compliance Officer was benchmarked and the data was extrapolated for the other job levels (e.g. Code Compliance Officer, Sr.). Results of salary analvsis are as follows: Attachment A includes the original salary targets utilized by MOT and also highlights the entities that were not targeted but listed on the Code Compliance "survey". Adding the additional target entities is not consistent with the methodology used to benchmark the rest of the City's positions. However, even with the additions, the results show that the City of Boynton Beach's Code Compliance Officer salary range is higher than the benchmarked entities by an average of 3.7% percent. Also, as recommend by MOT and approved by Commission for FY 2006/2007 and FY 2007/2008, the minimum and maximum of the salary range is scheduled to increase by 8.5%, therefore the Code Compliance positions wiII be well above the average salary range effective October 1, 2006. Attachment B is a copy of the Code Compliance "survey" submitted at the Budget hearing. Human Resources has added the salary range average at the bottom of the page. The results show that the City of Boynton Beach's Code Compliance Officer's salary range is only .29% lower than the surveyed entities at the minimum and is 1.5% higher at the maximum. "An Equal Opportunity Employer" Again, it should be taken into consideration that the minimum and maximum of the salary range is scheduled to increase by 8.5% as recommend by MGT and approved by Commission for FY 2006/2007 and FY 200712008, thus these positions will be well above the average salary range effective October 1, 2006. Attachment C is a copy of the Code Compliance "survey" submitted to Human Resources without the four (4) Southern Broward County entities included (Hallandale Beach, Pembroke Pines, Ft. Lauderdale & Hollywood). Human Resources has added the salary range average at the bottom of the page. The results show that the City of Boynton Beach's Code Compliance Officer's salary range is 3.35% higher than the surveyed entities at the minimum and .9% higher at the maximum. Again, it should be taken into consideration that the minimum and maximum of the salary range is scheduled to increase by 8.5% as recommend by MGT and approved by Commission for FY 2006/2007 and FY 2007/2008, thus these positions will be well above the average salary range effective October 1, 2006. Conclusion: An increase to any of the Code Compliance positions salary range cannot be justified. Attachment A, Band C all verify that the salary range for the Code Compliance position is not only adequate, it will fall above the average in the next two (2) years. Additionally, it is recommended that future comparisons are consistent with the methodology used to benchmark all City positions. 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OJ c: .s lC ~ o ~ co m ';: ~ gj '" <'i '" 1; ill co c: S ~ i J If B c: ~ o i a. ~ s o :g .... ~ #~ ~ $ III I ID I < ~ (/J J If i Ii o en 13 8 .. -g o in :ll ai t: 12 .. . c ~ i <? " .. I ~ ... ~ .. o i s I f E .: ~ o ~ i ~ .. .. :I l! u .5i 1ti g ~ -g .. OJ jj 'i .. .~ c l! ~ :=; " c .. c i ~~ - .. ~ E J:l .. 0 ~ 0 zz . I ID '0 S 8 c: ~ .. !Ii o I a. The City of Bovnton Beach, Florida 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Finance Administration (561) 742-6310 Fax: (561) 742-6316 EXHIBIT "D" MEMORANDUM TO: Mayor Taylor Vice-Mayor McKoy Commissioner McCray Commissioner Ferguson Commissioner Ensler THRU: Kurt Bressner City Manager Bill Mummert <'jJ"A A Director of FinUfaY Services FROM: DATE: July 13, 2006 SUBJECT: Budgetary Financial Report As stated in the Florida Uniform Accounting System Manual and the Florida Statutes, the annual budget, as presented, "must be balanced: that is, the total of the estimated receipts, including balances brought forward, must equal the total of appropriations and reserves." Therefore, to insure that budgeted fund revenues equal budgeted fund expenditures, it becomes necessary to either add a line item to revenues, if a budgetary deficit exists, or add a line item to expenditures if a budgetary surplus exists. On the revenue side, an amount is added to "Fund Balance Appropriated" if budgeted expenditures exceed revenues. On the expenditure side, an amount is added to "Reserved for Future Appropriations" if budgeted revenues exceed expenditures. This is technically the appropriate way to show each fund as being balanced. If these amounts are not included as line item revenues or expenditures, then a balanced budget cannot be presented as required. I fully understand how this potentially complicates any comparative budget to budget data analysis since these line items are not technically a revenue or an expenditure and can inflate or deflate comparable percentages. For future budget to budget comparisons, we can remove these line item amounts from any revenue or expenditure totals so that we are truly comparing actual revenue or expenditure totals. As a consequence, revenue or expenditure totals presented in the summary comparison my not agree with the totals shown in the subsequent detailed information. If you have any further question or concerns, please let me know. BUDGETARY FINANCIAL REPORTING AND DISCLOSURE GUIDELINES 1. Chapter 129, Florida Statutes, establishes guidelines for the preparatio~ adoption, and amendment of county budgets. Section 129.01 (1), Florida Statutes, requires the preparation, approval, adoption, and execution of an annual budget which controls the levy of taxes and the expenditure of money for all county purposes. The budget must be balanced; that is, the total of the estimated receipts, including balances brought forward. must equal the total of appropriations and reserves. Similar provisions are included in Sections 166.241(3) and 2] 8.34(]), Florida Statutes, for municipalities and special districts, respectively. 2. Pursuant to Governmental Accounting Standards Board (GASB) Codification Section 2400. ] 02, local governmental entity financial statements prepared in accordance with Section 218.321(]), Florida Statutes, must include a Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual for all governmental fund types for which annual budgets have been adopted pursuant to Sections 129.0](1), ]66.24](3), and 2]8.34(1), Florida Statutes. The minimum budget-basis presentation required for the financial statements is the aggregation by fund type of the appropriated budget adopted by the local governmental entity's governing body. 3. GASB Codification Section 2400.] 1] states that for budgetary reporting purposes it is desirable to provide note disclosure of the degree to which the reporting entity's financial operations are subject to a comprehensive "appropriated budget," "nonappropriated budget," or are nonbudgeted financial activities. Accordingly, local goveriunental entity financial statements prepared in accordance with Section 2] 8.3 2] (]), Florida Statutes, should include notes to financial statements which disclose both the legal level of budgetafy control and, if applicable, more detailed levels of budgetary control established for management purposes. The legal level of budgetary control is the level of control established in the appropriated budget approved by the local governmental entity's governing body. 4. GASB Codification Section 2300.1 06h requires that the notes to the financial statements disclose material violations of finance-related legal and contractual provisions. If budget overexpenditures occur at the legal level of budgetary control that are material in relation to a local governmental entity's financial statements prepared in accordance with Section 2]8.32](1), Florida Statutes, the notes to financial statements should disclose that such budget expenditures are contrary to law. 5. GASB Codification Section 2300.] 06n requires that the notes to the financial statements disclose any excess of expenditures over appropriations in individual funds. If budget overexpenditures occur at the legal level of budgetary control in individual funds that are not apparent from a local governmental entity's financial statements prepared in accordance with Section 2] 8.32] (1), Florida Statutes, the notes to the financial statements should disclose the budget overexpenditure amounts by individual fund. Uniform Accounting System Manual Chapter 6 Page 1 Effective] 1/l/00 """'l.."l..Y,"_U ~ ..........................~........................_....... . . ..._ .. _ ..._..._..._...... _ "" "".... Select Year: 1,@Q,j "';:'~;;J~; The 2005 Florida Statutes Title XII MUNICIPALITIES Chapter 166 MUNICIPALITIES View Entire Chapter 166.241 Fiscal years, appropriations, budgets, and budget amendments.-- (1) Each municipality shall make provision for establishing a fiscal year beginning October 1 of each year and ending September 30 of the following year. (2) The governing body of each municipality shall adopt a budget each fiscal year. The budget must be adopted by ordinance or resolution unless otherwise specified in the respective municipality's charter. The amount available from taxation and other sources, includin'! amounts carried over from Drior fiscal years, must equal the total appropriations for expenditures and reserves. The budget must regulate expenditures of the municipality, and it is unlawful for any officer of a municipal government to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations. (3) The governing body of each municipality at any time within a fiscal year or within up to 60 days following the end of the fiscal year may amend a budget for that year as follows: (a) Appropriations for expenditures within a fund may be decreased or increased by motion recorded in the minutes, provided that the total of the appropriations of the fund is not changed. (b) The governing body may establish procedures by which the designated budget officer may authorize certain budget amendments within a department, proVided that the total of the appropriations of the department is not changed. (c) If a budget amendment is required for a purpose not specifically authorized in paragraph (a) or paragraph (b), the budget amendment must be adopted in the same manner as the original budget unless otherwise specified in the charter of the respective municipality. History.--s. 1, ch, 73-129; s. 4, ch, 83-106; s. 6, ch, 96-324; s. 14, ch, 2004-305. Copyright 1995-2006 The Florida Legislature. Privacy Statement. Contact Us httn'//wurw lp'p!';t::.teflus/Statutes/index.cfm?Aoo mode=Disolav Statute&Search String... 7/12/2006 Q; c. QiS c "i5.. C III fO Gl a.. - Gl m: '0 III :s 0 10 .... .,. Gl VI C. o o >. .... III Gl'C c.- VI C _ 0 c;; OJ! l/l .... Gl III c._ VI "i5.. _ III III 0 o w '"' ;Q .r: x w ~'" -0 Gl , mU) 'CO :s 0 ION .!I!U) 'ijg ON VI C d~ Z III en VI ci g: Z ~ S'C. o E I-W VI COGl l/l= :!: 'C c.Gl o ~ a.. Gl l/l ~ 'ij c. "0 'c :s :!: ~ (3 o to ~ CD LO Q; C. '" '" o ~ L{) ~ C') N cD '" v LO o o o ci o LO. I'- N o o N to ~ to N o N '" C') o o o o o .r: u III (]) CO E ro 0.. U) <Il S C') to o v Q; c. o o c:i o to y; v Iii CD to Iii o o ~ o o o I'- N o o o LO to '" N CD N o o o 00 to C o rn 0:: III U o CO I o LO Iii LO V Q; C. '" C') I'- ~ y; LO N LO 00 '" LO o o O. o o CD cO y; o o LO ~ CD ;;; to o 00 I'- to CD .r: u III (]) CO >- ~ a; o N N r- r- v Q; c. C') LO V Q; C. o o c:i o O. C') I'- Iii to ~ y; v I'-: N '" r- v CD I'- V ~ ~ o o o ci o O. 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Box 310 Boynton Beach, Florida 33425-0310 Finance Administration (561) 742-6310 Fax: (561) 742-63]6 MEMORANDUM TO: Mayor Taylor Vice-Mayor McKoy Commissioner McCray Commissioner Ferguson Commissioner Ensler THRU: Kurt Bressner City Manager Bill Mummert '7 ^ ^ Director of FinanU/ ~e~ices FROM: DATE: August 1, 2006 SUBJECT: Community Services Funds Attached is a summary as of June 30, 2006 of the numerous accounts that comprise the City's Community Services Fund, which accounts for assets held in trust that are restricted for designated purposes. This fund is a nonbudgeted fund that is audited annually and reported as a Special Revenue Fund in the City's Comprehensive Annual Financial Report (CAFR); the Balance Sheet is found on page 63 of the 2004/05 CAFR. As of September 30,2005, the fund maintained an accumulated fund balance of$1,352,973. The purpose of this fund is to account for revenue sources that have been earmarked for a specific department or purpose and to provide separate information on the sources and uses of these "restricted" resources. By accounting for these funds separately, we are able to maintain a running balance of funds that are available from each designated source and ensure that they are properly spent on items that were designated by the grantor of the funds. If these funds were commingled with the City's operating funds, the specific nature of the funding would be lost and unspent funds would be more difficult to track and determine at the end of each fiscal year. It is important to note that the City has maintained and reported the Community Services Fund (formerly the Miscellaneous Trust Fund) for many years. As of September 30, 1990, the fund maintained an accumulated fund balance of$491,863. While these funds are nonbudgeted, responsible department heads are still required to follow the normal procurement and accounts payable process and need Finance Department approval before expenditures are processed for payment. In the future, we can require City Manager approval on ALL expenditures charged to the Community Services Fund and can prepare a quarterly report for the Commission on the activity in this fund. CITY OF BOYNTON BEACH Community Services Fund Analysis as of June 30, 2006 Balance Account Number Account Name Responsible Department 6/30/2006 691 0000 247 0123 AMERICAN HEART DONATIONS City Hall/Am Heart Committee 17.57 691 0000 247 0108 COMPANY D SUPPORT City Hall 962.12 691 0000 247 0412 CORE VALUES City Hall/Disc Committee 1,807.24 691 0000 247 0109 EMPLOYEE GOLF LEAGUE City HalllGolf League Committee 2,326.04 691 0000 247 0411 EMPLOYEE INCENTIVE City Hall 5,161.67 691 0000 247 0494 EMPLOYEE PARTY City Hall/Party Committee 4,131.77 691 0000 247 0493 FITNESS CTR. FEES City HalllGym Committee 22,286.12 691 0000 247 0498 MARTIN LUTHER KING COMMITTEE City HalllMLK Committee 3,482.88 691 0000 247 0124 UNITED WAY DONATIONS City Hall/UW Committee 31.07 691 0000 247 0127 COMMUNICATIONS 1250 TRUST Communications 486,704.73 691 0000 247 0110 SPECIAL INSPECTOR Development 205,168.54 691 0000 247 0482 CPR TRAINING Fire 4,505.59 691 0000 247 0497 FIRE RESCUE DONATIONS Fire 27,699.87 691 0000 247 0445 SAFETY SEAT DONATIONS Fire 2,340.47 691 0000 247 0431 CHILDREN'S MUSEUM DONATIONS Library 45,031.43 691 0000 247 0441 LIBRARY DONATION Library 174,459.54 691 0000 247 0446 LIBRARY FINES Library 118,108.97 691 0000 247 0425 CONFISCATED MONEY -POLICE Police 43,223.24 691 0000 247 0429 EXPLORERS DONATIONS Police 1,797.63 691 0000 247 0422 FED FORFEITS-JUSTICE Police 17,185.77 691 0000 247 0423 FED FORFEITS-TREASURY Police 87,775.62 691 0000 247 0432 K-9 UNIT DONATIONS Police 569.34 691 0000 247 0421 LAW ENFORCEMENT EDUC. Police 45,031.69 691 0000 247 0434 PAL DONATIONS Police - 691 0000 247 0129 POLICE ABANDONED PROPERTY Police 6,153.63 691 0000 247 0439 POLICE DONATIONS Police 5,151.61 691 0000 247 0454 POLICE-UNCLAIMED FUNDS Police 11,560.21 691 0000 247 0435 RESTITUTION-MULHEISEN Police 2,381.09 691 0000 247 0481 ANIMAL SHELTER DONATION Animal Control 76,386.38 691 0000 247 0443 CODE COMPLIANCE Code Enf 3,847.23 691 0000 247 0484 HERITAGEFEST Public Affairs 10,689.19 691 0000 247 0126 MARKETING/PROMOTIONS Public Affairs 2,053.92 691 0000 247 0442 ADVISORY BOARD ON YOUTH Recreation 13,339.35 691 0000 247 0473 DONATIONS-SR CENTER Recreation 7,482.02 691 0000 247 0103 PLANT MEMORIAL TREE Parks 2,907.96 691 0000 247 0461 RECREATION DONATION Recreation 83,233.88 1,524,995.38 ... .; = 5 8 o u I/) - r:: Gl E E o () I/) "0.::,,:, r:: ro :J 3: LLt - ro o 0) 'EI Gl 0 'E; c .2 ro c o o Gl :J r:: Gl 00 > c Gl 0 0:: -- _ro o c Gl 0 CJ'O ... 0) :J 0) o >- C/) 0 a. 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I' VVM NNN EXHIBIT "J" Department of Development Building Division Projected Projects - Residential 2006/2007 Exhibit J Pate 1 ~ Projected Projected Projected Projected Square Square of Total Building Plan Art Fee Foot Units Building Permit Filing (1% of total Cost FEE ( 2% ) Fee buildina costl Seaview Park Club 64 $19,200,000 $384,000 $115,200 $192,000 Barr Property 90 $18,000,000 $360,000 $108,000 $180,000 Cortina (Townhomes) 96 $19,200,000 $384,000 $115,200 $192,000 High Ridge (Town homes) 36 $7,200,000 $144,000 $43,200 $72,000 High Ridae (Sinale-familv residences) 14 $5,600,000 $112,000 $33,600 $56,000 Knollwood 108 $27,000.000 $540,000 $162,000 $270 000 Cortina (Condominiums) 207 $41,400,000 $828,000 $248,400 $414,000 Boynton Dixie (Town homes) 41 $6,150.000 $123,000 $36,900 $61,500 Heritage Club (Townhomes) 35 $63,000,000 $126,000 $37,800 $630.000 Heritage Club (Condominiums) 48 $7,200,000 $144,000 $43 200 $72,000 Gulfstream Gardens 108 $32,400 000 $648,000 $194,400 $324.000 Ocean Breeze West 37 $5,550,000 $111,000 $33,300 $55.500 Estancia 30 $9,000,000 $180,000 $54,000 $90,000 Palm Cove 121 $22,385,000 $447,700 $134 310 $223,850 Yachtman's Cove 61 $21,350,000 $427 000 $128,100 $213,500 Totals $304,635,000 $4,958,700 $1,487,610 $3,046,350 $3,719,025 * * NOTE: Building Division records reflect that approximately 75% of the projected projects submitted for permitting are actually built, hence the 75% calculation. ** See 2nd page for 75% estimates of Plan Filing and Permit fees. TKL:rs - 4/18/06 S:\Shrdala\Developmenl\Building\06-07 Building Div Budget\Projected Projects 2006-2007 Department of Development Building Division Projected Projects - Commercial 2006/2007 Exhibit] Page 2 Projected Projected Projected Projected Square Square of Total Building Plan Art Fee Footage Foot Units Building Permit Filing (1% of total Cost FEE (2%) Fee bulldina costl Boynton Village (Office) 10.000 $110.00 $1 100.000 $22 000 $6.600 $11 000 Boynton Village (Retail) 150 182 $81.00 $12.164 742 $243.295 $72 988 $121 647 Boynton Town Center (Office) 4127 1$110.00 $453 970 $9.079 $2 724 $4,540 Boynton Town Center (Retail) 244771 $81.00 $19826451 $396 529 $118,959 $198,265 Heritaqe Club (Office) 6,544 $110.00 $719,840 $14 397 $4,319 $7,198 Heritaqe Club (Retail) 12,944 $81.00 $1 048,464 $20 969 $6,291 $10,485 Las Ventanas (Gulfstream Lumber site Retail 43361 $110.00 $4,769710 $95,394 $2 724 $47697 Recreation 3404 $106.00 $360 824 $7,216 $2 165 $3.608 Multi-Family ($125K ea) 474 $59 250,000 $1,185,000 $355,500 $592,500 Townhouses ($200K ea) 20 $4000,000 $80 000 $24,000 $40,000 Totals $103,694,001 $2,073,880 $596,270 $1,036,940 $1,555,410 * * NOTE: Building Division records reflect that approximately 75% of the projected projects submitted for permitting are actually built. Permit Fees $5,664,969.50 x 75% = $4,248,727.12 Plan Filina Fees $1,699,490.79 x 75% = $1,274,618.09 TKL:rs - 4/18/06 S:IShrdalaIDevelopmentIBuildingI06-07 Building Div BudgetlProjected Projects 2006-2007 CITY OF BOYNTON BEACH Staffing Comparison Exhibit K Boynton Beach Delray Beach Boca Raton W. Palm Beach population 65,601 63,888 85,311 101,000 07/01/06 Assessed $ 5,597,854,355 $ 8,410,413,538 $19,731,145,609 $11,976,561,447 2005-06 Current StaffinQ (Full-time equivalent) Full- Time Staff 884 799 1328 Breakdown Part-Time Staff 49 49 274 not provide Total FTE's 933 848 1602 1623 Employees per 1000 population 14.22 13.27 18.78 16.07 NOTE: Oelray Beach does not operate an in~house Sanitation Department or the City Library; both are private initiatives. Boca Raton's Sanitation is Residential Only. 2005-06 Current StaffinQ (Full-time equivalent) Sanitation (49) 0 (55) (67) Library (30) 0 (61) (31) Adjusted HE's 854 848 1486 1525 Employees per 1000 population (Adjuste 13.02 13.27 17.42 15.10 CITY OF BOYNTON BEACH Staffing Comparison Boynton Beach Delray Beach Boca Raton W. Palm Beach population 65,601 63,888 85,311 101,000 07/01/06 Assessed $ 5,597,854,355 $ 8,410,413,538 $19,731,145,609 $11,976,561,447 2006-07 Proposed StaffinQ (Full-time equivalent) Full-Time Staff 903 Not available 1364 Breakdown Part-Time Staff 50 to date 274 not provide Total HE's 953 0 1638 1681 Employees per 1000 population 14.53 0.00 19.20 16.64 NOTE: Delray Beach does not operate an in-house Sanitation Department or the City Library; both are private initiatives. Boca Raton's Sanitation is Residential Only. 2006-07 Proposed StaffinQ (Full-time equivalent) Sanitation (49) (55) (67) Library (35) (61) (35) Adjusted FTE's 869 0 1522 1579 Employees per 1000 Population 13.25 0.00 17.84 15.63 EXHIBIT "K" XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 1, 2006 July 17, 2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) IZl August 15, 2006 July 31,2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5,2006 (Noon) D November 2 I, 2006 November 6, 2006 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative IZl New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business '~~cr, r_ D D ,-- Public Hearing -..> -~ RECOMMENDATION: Motion to direct staff to bring the proposed ordinance for the creation ofa formal Srria:WMinority Business Enterprise Program for the City of Boynton Beach for first reading at the September 6, 2006 City Co~ssi~3-~ meeting. ; '?~ :::=:i .; . ; ):-::.. EXPLANATION: Pursuant to the July 28,2006 City Commission workshop staff was charged with the task ofdevel~~g a SmalllMinority Business Program that could benefit the City and make a recommendation to the City Commission outlining a program specifically designed for the City of Boynton (see "attachment A" proposed ordinance). The City Commission recognized that proactive steps must be taken to help ensure that local Small and Minority Business Enterprises thrive and continue to benefit the community economically and socially. Moreover, the City should commit the necessary time, human resources, and fmancial support to achieve the program goals and objectives. Commitment to this program is best demonstrated by enacting legislation to create a local SIMBE Program that sets forth the policies, operating procedures, and program benefits to help ensure the utilization and success of such businesses. PROGRAM IMP ACT: The creation of a program whereby small/minority businesses desiring to do business with the City can do so in an equitable manner. The program would include implementation of race and gender neutral measures to facilitate the participation ofSIMBE's in City contracting and procurement activities. The goal of the program would be to facilitate increased participation of SIMBE' s in contracting and procurement opportunities with the City through education and training, increase the diversity of businesses utilized by the City for the procurement of goods and services to be more representative of the business community at large, promote local business start-ups, retention and expansion, and to provide business services that grow the local small/minority business community. The proposed ordinance also creates an SIMBE Advisory Board appointed by the City Commission to advise the commission on issues and concems relative to the local small and minority business community, develop strategies to address the issues and concerns, develop and implement outreach programs designed to assist small and minority owned businesses to succeed. The City will utilize our partnership with the Greater Boynton Beach Chamber of Commerce to access their resources bring these programs to fruition. FISCAL IMP ACT: Recommended and is included in the 2006/2007 proposed general fund budget; Account Description Strategic Plan Implementation Account Number 001-1110-511-95-48 Amount $ 50,000.00 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to approve staffs recommendation and continue status quo that is no program designed to increase participation in City contracting and procurement opportunities by Small/Minority Business Enterprises. Department Name Procurement Service S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR XII. - LEGAL DEVELOPMENT ITEM A.l Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August 1, 2006 July 17, 2006 (Noon.) D IZl August 15,2006 July 31,2006 (Noon) D D September 6, 2006 August 14,2006 (Noon) D D September 19, 2006 September 5, 2006 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 3,2006 September 18,2006 (Noon) October 17,2006 October 2, 2006 (Noon) November 8, 2006 October 16, 2006 (Noon)=. November 21, 2006 November 6, 2006 (Noon) NATURE OF AGENDA ITEM D D D D D Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D IZl D D City Manager's Report New Business Legal UnfInished Business f"-.';"" . , ~~ r''i~'" o ::c 1,-, RECOMMENDATION: Please place this request to adopt the updated Federal Highway Corridor Community Redevelopment Plan on the August 15,2006, City Commission Agenda under legal, Ordinance - Second Reading. The City Commission approved this item on First Reading on August 1, 2006. EXPLANATION: The Plan update is the result of joint CRA/City workshops where consensus was achieved on specifIc direction on redevelopment such as extension of the southern boundary for planning area IV south, to include properties on the south side of Woolbright Road. Also influencing the proposed changes are the related amendments to the Comprehensive Plan and zoning regulations approved since the Plan was originally adopted in 2001. The related amendments include the following: 1) Establishment of the Mixed Use-Core (MXC) land use classifIcation; 2) Establishment of the Infill Planned Unit Development (IPUD) district under the Special High Density Residential (SHDR) land use classifIcation for Study Areas I and V; 3) The designation of the downtown as an Urban Central Business District which allows for an increase in the threshold for Developments of Regional Impact (DRI); and 4) The designation of a Transportation Concurrency Exception Area (TCEA) for portions ofthe CRA. In part, specifIc recommended changes include: 1) support for preservation of historic structures, either as their intended uses or adaptively reused; 2) expanding the emphasis on preservation of existing single-family neighborhoods east of Federal Highway; 3) provisions for gas stations and auto repair facilities in all planning areas except Area III, subject to established locational and design criteria; and 4) as indicated above, the adjustment of a planning area boundary to allow for mixed use zoning on all comers of the Woolbright Road - Federal Highway intersection. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES, A111;~ () DoveloP~SUet'm ~m<< 2.tJ Z~ Planning and -;}; ng Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Federal Highway Corridor Redevelopment Plan Folder\Agenda Item Request Fed Highway Corridor Redev.2nd reading 8-15-06.dot ~- S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. 06- 0'74 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE 5 UPDATED FEDERAL HIGHWAY CORRIDOR 6 COMMUNITY REDEVEI~OPMENT PLAN; PROVIDING 7 FOR CONFLICTS, SEVERABILITY, AND AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Federal Highway Corridor Redevelopment Plan, which constitutes a ] ] partial update of the existing 1983 CRA Redevelopment Plan was adopted by the City 12 Commission of the City of Boynton beach on May 15,2001; and 13 WHEREAS, the Plan update is the result of joint CRA and City Commission 14 workshops where a consensus was achieved on specific direction on redevelopment such as 15 extension of the southern boundary fir planning area IV south, to include properties on the 16 south side of Woolbright Road; and 17 WHEREAS, this updated Plan conforms to the provisions of Chapter 163.362 of the 18 Florida Statues regarding Community Redevelopment Plans and establishes the basis for 19 Comprehensive Plan amendments, Code revisions and rezonings in the Federal Highway 20 Corridor; 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 adopts the updated Federal Highway Corridor Community Redevelopment Plan, prepared for S:\CA\Ordinances\updated Federal Highway Plan Ord.doc - 1 - the City of Boynton Beach Community Redevelopment Agency, dated July I, 2006. 2 Section 3. All laws and ordinances in conflict with any provisions of this ordinance 3 are hereby repealed. 4 Section 4. Should any section or provision of this Ordinance or any portion thereof 5 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 6 remainder of this Ordinance. 7 Section 5. This Ordinance shall become effective immediately upon passage. 8 FIRST READING this ~ day of August, 2006. 9 10 SECOND, FINAL READING AND PASSAGE this _ day of August, 2006. 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor- Jerry Taylor ]5 ]6 ]7 Vice Mayor- Carl McKoy ]8 ]9 20 Commissioner - Robert Ensler 2] 22 23 Commissioner - Mack McCray 24 25 26 Commissioner - Muir C. Ferguson 27 ATTEST: 28 29 30 City Clerk 3] 32 33 (Corporate Seal) S:\CA \Ordinances\updated Federal Highway Plan Ord.doc - 2 - FEDERAL mGHW AY CORRIDOR COMMUNITY REDEVELOPMENT PLAN UPDATE Prepared for: The City of Boynton Beach Community Redevelopment Agency July 1, 2006 FEDERAL HIGHWAY CORRIDOR NEIGHBORHHOD REDEVELOPMENT PLAN UPDATE Table of Contents Section I - Introduction .................. ...................... ...... ......... ............ .... ....... ...... ........ ...........1 Section II - Implementation Measures Undertaken.............................................................8 Section III - Community Redevelopment Agency............................................................ll Section IV - Analysis of Existing Conditions ...................................................................13 Overview.......... ............ .... ................................ ........... .... ........ .......... .................. ...13 Planning Area I ........... .......... ............................................................................... ..26 Planning Area II....... ............... ......... ................... ........ ...................................... .....37 Planning Area 111........ ............ ....................................................... ....................... ..45 Planning Area IV ........ ........................................................................................ ...57 Planning Area V.... ... ............... ........ .... ................ ............ ......... ............... ............. ..66 Section V - Market Analysis .............. .......................................................... ............. ........76 Section VI - Issues and Opportunities, Redevelopment Strategies...................................88 Section VII - Redevelopment Programs and Projects .......................................................95 Section VIII - Neighborhood hnpacts of Redevelopment Activities.............................. 106 Section IX - Goals, Objectives and Policies ...................................................................108 Appendix. ................... .... ......... ..... .... ... .... ......... ......... ...... ........ .... .......... .... ....... ..... ..... ......112 Maps Map 1.1 - Planning Areas ... ......... ...... ...... .............................. ......................... .....................7 Map 2.1 - TCEA and Urban CBD.....................................................................................10 Map 4.1 - Planning Areas. ........... .......... ........ ...... ...... ............................ ..................... ...... .15 Map 4.2 - Roadway Network ............................................................................................22 Map 4.3 - Water Lines........... ............. ........ ..... ................................... .............................. .23 Map 4.4 - Sewer Lines ............................. ......... ......... ......................... ............ ............... ....24 Map 4.5 - Parks.... ...... ..... ..... .... ............. .... .................... .................................................. ..25 Map 4.6 - Planning Area I Location..................................................................................27 Map 4.7 - Planning Area I Land Use ................................................................................28 Map 4.8 - Planning Area I Zoning .................................................................. ......... ..........29 Map 4.9 - Planning Area I Redevelopment Projects .........................................................36 Map 4.10 - Planning Area II Location ..............................................................................38 Map 4.11 - Planning Area II Land Use .............................................................................39 Map 4.12 - Planning Area II Zoning..................................................................................40 Map 4.13 - Planning Area III Location .............................................................................46 Map 4.14 - Planning Area III Land Use............................................................................47 Map 4.15 - Planning Area III Zoning ................................................................................48 Map 4.16 - Planning Area III Redevelopment Projects ....................................................56 Map 4.6 - Planning Area IV Location...............................................................................58 Map 4.7 - Planning Area IV Land Use..............................................................................59 Map 4.8 - Planning Area IV Zoning ..................................................................................60 Map 4.9 - Planning Area IV Redevelopment Projects ......................................................65 Map 4.6 - Planning Area V Location ................................................................................67 Map 4.7 - Planning Area V Land Use...............................................................................68 Map 4.8 - Planning Area V Zoning ...................................................................................69 Map 4.9 - Planning Area V Redevelopment Projects .......................................................75 Map 7.1 - Proposed Zoning.............................................................................................1 03 ii Tables Table 4.1 - Existing Corridor Land Use Designations ......................................................16 Table 4.2 - Existing Corridor Zoning Districts .................................................................17 Table 4.3 - Peak 2005 Traffic Counts ...............................................................................20 Table 4.4 - Area I Existing Zoning Districts.....................................................................32 Table 4.5 - Area I Existing Land Use Designations..........................................................33 Table 4.6 - Area II Existing Zoning Districts....................................................................42 Table 4.7 - Area II Existing Land Use Designations ........................................................43 Table 4.8 - Area III Existing Zoning Districts ..................................................................50 Table 4.9 - Area III Existing Land Use Designations .......................................................51 Table 4.10 - Area IV Existing Zoning Districts ................................................................62 Table 4.9 - Area IV Existing Land Use Designations.......................................................63 Table 4.8 - Area V Existing Zoning Districts ...................................................................71 Table 4.9 - Area V Existing Land Use Designations ........................................................72 Table 5.1 - Comparison of Hotels and Hotel Units...........................................................78 Table 5.2 - Retail and Office Supply and Demand in the Reduced Region Market, 2015 .....................................................................84 Table 5.3 - Retail and Office Supply and Demand in the Expanded Regional Market, 2015....... ........... ........... ........ .............. ............ ..85 Table 8.1 - School Capacity and Enrollment, 2005-2010/2011......................................106 iii SECTION I INTRODUCTION The Federal Highway Corridor Community Redevelopment Plan was adopted by the City of Boynton Beach on May 15, 2001. In the intervening five years, the City and the Community Redevelopment Agency have taken a number of steps toward implementation of the plan. Both have realized that an updating of the plan is warranted to recognize the achievements to date, and to ensure that future implementation measures produce the results envisioned in the original plan. Redevelopment efforts in the City of Boynton Beach commenced in August 1981 when the City established the Boynton Beach Community Redevelopment Agency (CRA) in accordance with Chapter 163, Part 3, F.S. On May 4, 1982, the City of Boynton Beach declared a portion of the downtown area to be suffering from slum and blighted conditions, as evidenced in Resolution 82-KK, and established a Community Redevelopment Area (also referred to as CRA) that initially contained 180 acres. The original boundary of the CRA included a core portion of the Federal Highway corridor from the Boynton Canal on the north to SE 6th Avenue on the south. In April of 1983, pursuant to its finding of necessity, the City commenced preparation of the Boynton Beach Community Redevelopment Plan comprising a redevelopment program pursuant to the Community Redevelopment Act of 1969 as amended from time to time. The plan was subsequently adopted on August 21, 1984. The Redevelopment Plan examined the current conditions at that time, the market opportunities, and made some key recommendations for redevelopment that focused on the downtown area, which centered on Boynton Beach Boulevard and Federal Highway. Broadly, the plan recommended the creation of a unique identity for downtown that should be pedestrian friendly, marine focused and oriented toward the water. To achieve this broad goal, the plan made three key recommendations. First, the plan recommended construction of a mixed use development consisting of a public waterfront park, specialty retail and residential uses. Next, the plan recommended construction of a hotel with convention space in order to recapture the City's share of the tourism industry. The third broad recommendation was the creation of a marina and marine related uses east of Federal Highway along the Intracoastal Waterway (ICW). At the time that the original Community Redevelopment Plan was prepared and those recommendations were made, the Florida Department of Transportation (DOT) was planning roadway improvements in the area. The DOT had previously made improvements to Boynton Beach Boulevard. The next phase of planned work was to construct a bridge at Boynton Beach Boulevard that spanned the ICW, and then remove the existing bridge at Ocean A venue. The redevelopment plan contained recommendations that were based upon the DOT roadway work being completed. The plan was specific in stating that the success of the recommended redevelopment concepts would hinge upon the construction of the Boynton Beach Boulevard bridge, and removal of the Ocean Avenue bridge to the south. The planned bridge, however, was never constructed because of neighborhood preservation issues raised by residents, and the Ocean A venue bridge continues to provide access to the east in this immediate area. The Boynton Beach Community Redevelopment Agency subsequently expanded the boundary of the original eRA. The expanded area included an additional 518.76 acres of land lying west of the Florida East Coast Railroad to Interstate 95, between the 2 Boynton Canal on the north and Ocean A venue on the south. The redevelopment plan text was updated to provide recommendations for the expanded area, which included focusing on Boynton Beach Boulevard as a gateway to Boynton Beach and preservation of the residential character of the expanded CRA area, which was composed mainly of residential land uses. In September 1996, the City of Boynton Beach conducted a citywide visioning session. More than 100 community representatives participated in the American Assembly Process, which resulted in a policy statement that addressed seven key issues of concern. Among these were commercial revitalization and economic development. The City utilized this policy statement to commence the process of specific planning efforts for the redevelopment of downtown and the marina areas, as well as for major roadway corridors. These efforts resulted in the Boynton Beach 20/20 Redevelopment Master Plan (20/20 Plan) that was completed in September 1998. The 20/20 Plan addressed the seven key issues identified during the American Assembly Process and restated them in terms of specific goals and objectives. A number of these goals and objectives will be addressed in part or in whole through the preparation of the Federal Highway Corridor Community Redevelopment Plan. Generally, these focus on uses and needed development standards within the Federal Highway Corridor, and are summarized as follows: Goal 2: Commercial Revitalization Objective 2.1 - Expand the CRA boundary to increase financial resources during redevelopment plan implementation. 3 Objective 2.4 - Prepare overall design standards for the entire length of Federal Highway within the City. Goal 3: Downtown Redevelopment Objective 3.1 - Create specific areas in the downtown that are pedestrian and bicycle friendly, and where mixed uses and infill development are encouraged. Objective 3.2 - Prepare conceptual area plans and design criteria for the cultural center/marina area district that addresses such issues as mixed uses, signage and landscaping. Through the documented conditions of slum and blight contained in the 20/20 Plan, the CRA board evidenced the need to expand the CRA to include those portions of the Federal Highway Corridor to both the north and south eity limits, consistent with Objective 2.1 of the 20/20 Plan. These are referred to as the North Subarea and the South Subarea. While the boundaries were expanded, the redevelopment plan text was not updated to include this additional land area. This plan, therefore, will serve two purposes. First, it is a redevelopment plan for the Federal Highway Corridor that focuses on uses and development standards along Federal Highway. Second, it is of sufficient scope and format to meet the requirements of Chapter 163.362 to allow for the eommunity Redevelopment Plan text update for the expanded CRA area. The boundaries of this expanded area, on which this redevelopment plan is focused, are the city limits on the north, the ICW on the east, the municipal boundary on the south, and the Florida East Coast Railroad and Palm Boulevard on the west. The entire Federal Highway Corridor area now contains approximately 1,094.98 acres. The legal description for the North and South Subareas is contained in the Appendix. Map 4 1.1, which is contained on page 6, depicts the boundaries of the Federal Highway Corridor, including the North and South Subareas ofthe CRA that were added. The boundaries of the expanded Community Redevelopment Area were drawn to take into account the need for physical redevelopment as well as the need to protect neighborhood areas from the presence of blighting influences. Properties located within the redevelopment area that are not presently in need of redevelopment assistance, are threatened by the nearby presence of blighting conditions and, therefore, are included to preserve their long term viability. As a general standard, the boundary of a proposed redevelopment area includes areas which clearly meet the slum or blight criteria, as well as areas that may not be considered individually, but which are otherwise necessary to achieve the objective of eliminating blight and preventing its spread. Additionally, some physically sound areas were included in the expanded redevelopment area based on theirp functional relationship to the Federal Highway Corridor and the uses contiguous to it. 5 Federal Highway Corridor Community Redevelopment Plan PLANNING AREAS 1.1 3,500 1,750 0 3.500 Feet 6 SECTION II IMPLEMENTATION MEASURES UNDERTAKEN Following adoption of the Federal Highway Corridor Community Redevelopment Plan on May 15,2001, both the City and the Community Redevelopment Agency took a series of steps toward implementation of the plan, which are outlined below. A new future land use category, Mixed Use-Core (MXC) was added to the Comprehensive Plan to allow development in the downtown area to increase in density to a maximum density of 80 dwelling units per acre (dulac) and a maximum floor area ratio (FAR) of 4.0. While the plan recommended that no maximum density be set, both Florida Statute Chapter 163 and the Florida Administrative Code, which set minimum criteria for local comprehensive plans require the statement of maximum densities and intensities for all land use categories. Coupled with this Comprehensive Plan amendment, the City's Zoning Code was amended to establish the Mixed Use-High Intensity and Mixed Use-Low Intensity zoning districts to be consistent with the newly- created Mixed Use Core and the existing Mixed Use land use categories. The Special High Density Residential (SHDR) land use category In the eomprehensive Plan was redefined to allow its use for redevelopment in Study Areas I and V, and a companion zoning district, Infill Planned Unit Development (IPUD) was adopted to encourage assembly of small parcels of land for redevelopment and allows for residential densities of 20 dulac. The IPun regulations are similar to the existing pun regulations; however, the IPUD regulations are written for development on parcels ranging from one to five acres, whereas, the PUD regulations have a minimum parcel size of five acres. 7 In 2003, the Comprehensive Plan was amended to designate a portion of the downtown as an Urban Central Business District. This designation allows an increase in the thresholds for Developments of Regional Impact (DRI); thereby, encouraging large- scale developments by removing the threat of heightened scrutiny and review by both State and regional agencies. In 2005, the City and Palm Beach County agreed to the establishment of a Transportation Concurrency Exception Area CTCEA) for portions of the Community Redevelopment Area, including the portion of the Federal Highway Corridor Study area between the Boynton Canal and Woolbright Road. The Comprehensive Plan amendments, adopted by both the City and Palm Beach County, allow approval of developments within the TCEA that would otherwise exceed traffic concurrency requirements. To offset the traffic impacts, the City and the CRA will implement specific measures to increase opportunities for multi-modal transportation. Map 2.1, found on page 9, shows the areas covered by the Urban CBD and the TCEA. Impacts of the implementation measures will be discussed later in this study update. 8 Federal Highway Corridor Community Redevelopment Plan TCEA and Urban CBD Map 2.1 ] h~~ [l \':: ~~~~l SEAVlEW I ===~~ ... 0 15TH ~.l if lJ !. ~1 ... If;l ~~I ~INlET ~~J ~ .... ~ j ~ SHORE ~...'..' '. j'i>/. ( ~~/I! 7 13TH 1311 12ft -, 1211 L ....." '0. 1nH ~ ~ ~:I: I I 9D ~ ~I 8iH 2!!! II 1\ l!J 6Tt 7 ~I~ - r 15TtI 1i6 ........ l- i I ~ I. l~ 'i =-""""' '..> \,.-J ., 1ST I COCONUT i'/ ~I ~\ Q I,. tIJDSON :'" l=l g; 2ND EOOlf ~L) ~ 3fl ," , ",......, I'- 4TH ~ ~ ~-n, 4T ; 5TH 51:H ... 1"" 5TH -E ft~ l <ll 61H ~ 6 I 11 :~ - H ...., I 2!!!- iI . lW, IrrH 0 .!!!:!..- oJ 0 81H 0 t@J R ... SOUR '- lITH ,ji 10TH 1 .. ~~ 11TH \\ 1\ 12TH 13T DAMS !!l 14 iH ~ Ir'l :J: ~ :>oL6R GHT I ~ ""- v ~~/~U r Nn · S jfc., ,~ MAIN 18TH ! - AvETTE II I J i~ mo~ j HI( SOUTH HPOlNT nJ 20TH r Legend Planning Area ~ TCEA DUrban CBD 2.000 ,1,000 o 2000 Feet 9 SECTION III COMMUNITY REDEVELOPMENT AGENCY The Community Redevelopment Agency (CRA) of the City of Boynton Beach was established in May 1982 pursuant to Resolution 82-KK. As authorized by the eommunity Redevelopment Act, the City of Boynton Beach has delegated powers to the Boynton Beach CRA allowed under Florida Statutes that are necessary and convenient to undertake redevelopment efforts. The powers of the CRA are contained in Section 163.370, Florida Statutes. These include, but are not necessarily limited to, the following activities: Q Acquire property deemed necessary for community redevelopment, except that the use of eminent domain shall require specific approval from the City eommission; Q Hold, improve, clear, or prepare any acquired property for redevelopment; Q Dispose of property acquired within the Community Redevelopment Area for uses in accordance with the adopted community redevelopment plan; Q Carry out programs of repair and rehabilitation; Q Plan for and assist in the relocation of persons displaced by redevelopment activities; Q Receive and utilize tax increment revenues to fund redevelopment activities; Q Appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969; and Q Close, vacate, plan, or replan streets, roads, sidewalks, ways or other places. The eRA may undertake any additional action not specifically mentioned above if such action is necessary to undertake redevelopment efforts, except that the following 10 powers remain under the control of the Boynton Beach City Commission, pursuant to Section 163.358, Florida Statutes: o The power to determine an area to be a slum or blighted area, or combination thereof; to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto; o The power to grant final approval to community redevelopment plans and modifications thereof; o The power to authorize the issuance of revenue bonds as set forth in Section 163.385, Florida Statutes; o The power to approve the acquisition, demolition, removal, or disposal of property as provided in Section 163.370(3), Florida Statutes, and the power to assume the responsibility to bear loss as provided in Section 163.3 70(3), Florida Statutes; and, o The power to approve the development of community policing innovations. 11 SECTION IV ANALYSIS OF EXISTING CONDITIONS Overview General Description The Federal Highway Corridor Community Redevelopment Area, including the North and South Subareas of the CRA, is comprised of approximately 1,095 acres. The Corridor contains a variety of uses broadly described as including various intensities of residential and commercial uses; light industrial uses; office uses; recreational areas; and, several conservation overlay sites. There are also vacant tracts within the area, as well as instances of non-residential developed parcels that are under utilized or developed but abandoned; victims of economic difficulties. The redevelopment area can be divided into smaller planning 'subareas. These smaller planning areas are defined by general development characteristics. Map 4.1, which is shown on page 14, depicts the five small planning areas within the corridor. Originally, the boundary lines of the planning areas were drawn along geographic features such as streets or water features. Where no such features existed, boundaries were extended across properties without regards to lot lines, thus leaving some ambiguity as to which planning area a property was located. The update has revised boundaries to follow property lines, where possible to give a greater degree of certainty to the plan. Area I extends from the C-16 Canal to the north City limits and is coincidental with the North Subarea of the expanded CRA. Area II lies between the C-16 canal and just south of a line extended from NE 6th Avenue across Federal Highway to the Intracoastal Waterway (ICW). Martin Luther King Boulevard is centrally located in this 12 planning area. Area III extends from the southern edge of the second planning area southward to a line extended from SE 2nd Avenue across Federal Highway to the ICW. Area III includes both Boynton Beach Boulevard and Ocean A venue. Area IV extends from the southern edge of the third planning area south to a line extended from approximately SW 18th A venue to the ICW. The south property lines of the two shopping centers on the south side of Woolbright Road mark the new southern edge of planning Area IV. The last planning area, Area V, lies between the southern edge of the fourth planning area and the municipal limits on the south. Note that while some planning areas share a few similar characteristics, such as Areas IV and V that coincidently contain multifamily uses on the east side, there are sufficient differences between the various areas to warrant individualized attention to each one. Differences include, for example, uses, densities, intensities and proximity to the core downtown business district. Each of these small planning areas plays an important role in the redevelopment of the Federal Highway Corridor Community Redevelopment Area as a whole. 13 egen r ! City Boundary c:J Planning Area CRAAma 3,500 1,750 0 3,500 Feet 14 Land Use - Land use designations within the entire Federal Highway Corridor are extremely varied. Detailed discussions of each planning area that follow this overview each contain an exhibit that depicts the Future Land Use Plan Map designations that exist within the subject planning area. The future land use designations information is displayed in Table 4.1, which is below. As Table 4.1 demonstrates, there are a variety ofland use designations within the eorridor. While the central portion of the Federal Highway Corridor centered on the downtown area is largely designated Mixed Use and Mixed Use-Core, the other areas feature a mix of designations without any apparent order or hierarchy of land uses. Abbreviation LDR MoDR Table 4.1.-Existing Corridor Land Use Designations DensitylF AR 4.84 dulac 7.26 dulac Land Use Designation Low Density Residential Moderate Density Residential Medium Residential High Density Residential Special High Density Residential(l) Mixed Use(l) Mixed Use-Core(l) Density 9.68 dulac MeDR HDR SHDR 10.80 dulac 20.00 dulac MX MX-C 40 dulac-FAR 2.0 80.00 dulac- FAR 4.0 FAR 0.40 FAR 0.50 FAR 0.50 OC Office LRC Local Retail GC General Commercial(2) R Recreational (I) Portions ofthis land use category also exists with a conservation overlay designation (2) Also designated mixed use if use and development meet specified requirements Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated March 2006. Signage for commercial uses throughout the Federal Highway Corridor lacks any continuity or coordination. Sign designs have no unifying theme with regard to 15 architectural details, landscaping, color, size or placement. Additionally, some signs are in need of maintenance or repair. Overall, commercial signage detracts from the appearance of the corridor. It was also noted that there are two signs in different places on the north end of the corridor that purport to mark the municipal boundaries. Conversely, the city limits on the south end are not clearly marked. Zoning & Housing Units - Zoning districts and parcels for residential uses are depicted in the exhibits included in the detailed discussions of the planning areas that follow this overview. At the time of the original plan, there were an estimated 4,739 residential units within the redevelopment area. Through March 2006, developments have been approved which will add 2,949 residential units within the study area. This number includes built and approved but unbuilt units. Table 4.2, below, presents the zoning districts identified in the area. Abbreviation RIA RlAA Rl R2 R3 PUD IPOO eBD el e2 C3 e4 MU-L MU-H REe Source: Table 4.2-Existing Corridor Zoning Districts Zoning District Density Residential, Single Family 5.80 du/ac Residential, Single Family 5.40 du/ac net Residential, Single Family 7.26 du/ac Residential, Duplex 9.6 du/ac Residential, Multi-family 10.80 du/ac Planned Unit Development Infill Planned Unit Development Central Business District Office, Professional eommercial, Neighborhood Commercial, Community Commercial, General Mixed Use-Low Intensity Mixed Use-High Intensity Recreation City of Boynton Beach, FL, "Official Zoning Map", updated March 2006. 20.00 du/ac 40.00 du/ac 80.00 du/ac 16 Street Layout and Circulation - The street layout within the Federal Highway Corridor can be broadly described as predominantly a modified grid pattern, with streets on the east side of the corridor terminating in cul-de-sacs or dead ends because of the Intracoastal Waterway. Federal Highway itself is a major north-south arterial connecting the eastern seaboard of the United States. It runs through the eastern, mainland portion of Florida. Through the City of Boynton Beach, it is currently a four-lane divided highway with bike lanes in both directions and sidewalks along both sides. The speed limit within the city limits varies between 35 MPH and 40 MPH. Map 4.2, on page 21, depicts the street pattern within the area. The Florida East Coast (FEC) Railroad also runs along the eastern portion of Florida and, in the City of Boynton Beach, just west of Federal Highway, forming the western boundary of the Corridor study area from the C-16 canal southward. Since the railroad tracks run along the west side of Federal Highway throughout the City, it tends to separate the more commercial Federal Highway area from the more residential western areas. The locations at which the tracks can be crossed are important for access and traffic circulation between the west side and the east side. Each of the cross streets at the signalized intersections on Federal Highway provides access to the west including FEC railroad crossings. The majority of other streets, however, do not cross the tracks. The South Florida Regional Transportation Authority (RTA) has established as one of its long term goals to partner with stakeholders to implement premium transit services along the FEC Corridor from Miami-Dade to Martin counties. The possibility of passenger rail service with a station in the downtown area would provide an opportunity 17 for a transit-oriented-development (TOD) surrounding the station. It would also provide an opportunity for establishing a multi-modal transfer station in this area. Currently, Palm Tran offers motorized transit service through the study area with two routes: · Route I offers north-south service through the Federal Highway Corridor connecting riders from the Gardens Mall in Palm Beach Gardens to the Mizner Park area of Boca Raton. Twenty-minute service is provided Monday through Friday, with thirty-minute service on Saturd~ys and sixty-minute service provided on Sundays. · Route 71 provides service to the area via Boynton Beach Boulevard, Ocean Avenue and Federal Highway. Sixty-minute service is provided seven days a week. The Route also provides service to the Boynton Beach Tri-Rail Station and the Boynton Beach Mall. The Florida Department of Transportation (FDOT) has developed a system for access management for roadways such as Federal Highway. Access management is a comprehensive approach to the control and regulation of all aspects of highway access. This is done by assigning a specific classification to roadways. These classifications contain separation standards for access features such as driveways, medians and signals. The portion of Federal Highway located within the City of Boynton Beach is classified by FDOT as an ''urban minor arterial" with an Access Classification of "5, Restrictive." Restrictive means the opposing lanes are separated by a median. For a Classification 5, the desirable driveway connection spacing is 245 feet, the desirable median opening spacing for a directional opening Oimited turning movements allowed) is 660 feet and for a full opening (all turning movements allowed) is 1,320 feet. Desirable spacing between traffic signals is 1,320 feet. 18 The Palm Beach County Traffic Division maintains monitoring traffic counting sites, both along Federal Highway and on major east-west roads within or immediately adjacent to, the study area. 19 Table 4.3-Peak 2005 Traffic Counts 2002 2005 Growth STREET NAME LOCATION PEAK PEAK Rate FEDERAL HIGHWAY 500' N of Gateway Blvd 18,970 20,509 +2.64% FEDERAL HIGHWAY 200' N of Ocean Blvd. 28,057 27,765 -0.35% FEDERAL HIGHWAY 200' S of Boynton Canal 21,668 26,666 +7.16% FEDERAL HIGHWAY 800' N of Woolbright Rd 27,398 27,164 -0.28% FEDERAL HIGHWAY 100' S of Woolbright Rd 31,415 31,509 +0.10% GATEWAY BLVD. 200' E ofI-95 22,725 26,276 +4.96% BOYNTON BEACH BLVD 600' E ofI-95 33,123 34,557 +1.42% BOYNTON BEACH BLVD 150' W ofNE 4th Ave 17,940 17,887 -0.10% OCEAN AVE 100' W ofICCW 9,201 6,836 -9.43% WOOLBRIGHT RD 600' E ofI-95 39,965 39,243 -0.61 % WOOLBRIGHT RD 100' W ofICCW 12,047 12,750 +1.91% Source: Palm Beach County Traffic Division, "Peak 2005 Traffic Counts", June 20, 2005 School Capacity - In 2002, Palm Beach County and its municipalities entered into an interlocal agreement with the School District to establish a level of service for public education facilities and to provide facilities at the adopted level of service to meet the demands of new residential development concurrently with demands for other necessary services such as transportation, potable water, wastewater, etc. This means that any proposed increase in residential densities must be reviewed by the School District to determine its impacts on local public school capacity. Infrastructure - The City of Boynton Beach 1996 Comprehensive Plan Evaluation and Appraisal Report indicates that the entire Federal Highway Corridor Community Redevelopment Area is served by public water and sewer lines provided by the City. Map 4.3 on page 23, shows the layout of public water lines. Map 4.4 on page 24, shows the layout of sewer lines within the study area. 20 Open Space Areas - The Federal Highway Corridor features a number of both active and passive public parks and recreational areas. Three of these, Intracoastal Park, Boat Ramp Park and Jaycee Park have an orientation toward the Intracoastal Waterway. In addition to the public parks, there are approximately twelve points of access to the water by way of public streets. Map 4.5, shown on page 24, shows the location and type of open space and recreational areas.r 21 Federal Highway Corridor Community Redevelopment Plan Roadway Network Map 4.2 - tll 35TH 3,000 1,500 0 3,000 Feet - - 22 Federal Highway Corridor Community Redevelopment Plan Water Lines Map 4.2 Legend - Water lines - --- Major Roads 3,000 1,500 0 - - 3,000 Feet 23 Federal Highway Corridor Community Redevelopment Plan Sewer Lines Map 4.4 legend -- Major Roads - Sewer lines 3,000 1,500 0 "- - 3,000 Feet 24 Federal Highway Corridor Community Redevelopment Plan Parks Map 4.5 Legend 3,000 1,500 0 - 3,000 Feel - Major Roads .. Parks 25 PLANNING AREA I 26 Federal Highway Corridor Community Redevelopment Plan Planning Area I Map 4.6 NE 261H ~ l- t) o !Jl uJ z NE 17TH AVE S RClE DR NE 16TH AVE %1- m en '" 0 ;0 a: o M ~~ 1,000 500 o 1,000 Feel 27 Federal Highway Corridor Community Redevelopment Plan Planning Area I Land Use Map 4.7 1.000 500 o 1.000 Feel ~ ,- ]UM~"~~"""""'D.u~ _LOCIIi.~~&.lItC.. .UJeW.CMID n WQClH.y'~IIIRoenw.I~_ T.aa.u.i~"""CCt.IU8~~ _MJIm "'eo.w~C) Uill}UfDMliCIaIm'~""""l""_""~ _...........,lJ _UJIIDUH.........~) _NON....-v~CNOIt._......_.~ _~~ t;2:~~..~I'IlWIC1'~ _1"IGlilIl.""'De4m'.~JOMDII) --=~"'I I:::EI!~(COM) mCJllPa~...(Oe' -~.~4'I~~~~0YR.4lrre.~J 28 Federal Highway Corridor Community Redevelopment Plan Planning Area I Zoning 4.8 26TH o ex: ..., 25T o 247}1 !!i ~ .. BOYNTON BAY 17TH o ~ :J: ~ .... 1.000 500 o 1.DOll "-. Legend CJ R1MA Single Fcmly 1!!Ojj C1 OlIice Professlanal - PU Public USage R1AAB ~FamJy -C2 NeIghIJoftloodcommerdal -REC ReaeaIon R1AA Single Family _C3 Comrnmlty Conmerclal _AG AgJ1wture R1A SIngle Family _ C4 General Conmerclal IIllilIIPUD InfIIl Planned Unit Development R1 Single Family _ CBD Central Business District _MU-L Mixed Use low R2 D~ex -PCD Planned COInmerdal Development~:'jMU-H MIXed use High _ R3 Ml'U Farnly 0 M1 ll!11t industrial C1SMU SUbtI'ban Mxed Use filii!! PUD Plamed Unft DeveIopment8I P1D Planned InclJsb1aI DeveJopment 29 Plannine: Area I Overview Planning Area I extends from the northern city limits to the C-16 canal, which forms a physical and psychological boundary from the adjacent planning area to the south. Within this portion of the corridor, the FEC railroad right-of-way is contiguous to Federal Highway on the west side, while the western boundary of the corridor study area extends west of that, lying along 4th Street, which is also Palm Boulevard. The eastern side of this planning area extends to the Boynton Beach municipal limits that is roughly the centerline of the ICWW in this area. Street Layout and Circulation The FEC rail line, which is contiguous to and slightly elevated above Federal Highway in this area, serves to sever the continuity of this portion of the corridor and directly affects the development appearance of it. Land lying west of the tracks in the study area is not readily noticeable or highly visible. Additionally, the railway severely limits access from the west onto Federal Highway. Planning Area I has only two access points from the west onto Federal Highway. The first is at Gateway Boulevard, which is a signalized intersection with full median openings. Because Gateway Boulevard provides direct access to and from Interstate-95, this intersection is a major node. The second access is from NE 15th Avenue, which is roughly 700 feet north of the C-16 Canal; the southern edge of this planning area. The intersection ofNE 15th Avenue provides a full median opening, but it is not a signalized intersection. Additionally, NE 15th Avenue is a local street that provides access to the surrounding single family residential neighborhood that lies to the west ofFedera1 Highway. 30 In addition to limiting access, the rail line, in conjunction with the Federal Highway right-of-way, defines the appearance of the corridor. The expanse of the two rights of way convey an appearance of very low density or open area, which is underscored by the landscaping enhancements completed by the FDOT. As a result, a sense of community exists largely only on the eastern side of Federal Highway in planning Area 1. Land within the eastern portion of Planning Area I is constrained by Federal Highway on the west and the Intracoastal Waterway on the east. Parcels tend to be narrow and extend the full width between Federal Highway and the ICW. As a result, there are numerous direct street and driveway access points on the east side of the planning area. The driveway separation in this area, however, is generally close to the 245-foot separation that is considered desirable by the FDOT for this portion of Federal Highway. Zoning The zoning districts in planning Area I and the existing uses are not inconsistent. The Coastal Management Element of the Comprehensive Plan, however, noted that one multi-family development, which is located on the ICW in roughly the middle of the planning area, has an existing density of 38.3, which exceeds the land use plan and zoning designation of 10.8 dwelling units per acre. There are a number of residential parcels or lots in the central and northern portion of Area I east of Federal Highway that are either under utilized or vacant. Similarly, there are commercially zoned parcels that are either vacant or developed but not to the level of development permitted under the zoning regulations. The commercial zoning districts on the east side of Federal Highway are long and narrow, paralleling the roadway. Commercial lands in this location were likely to have been established many decades ago to benefit from the railroad. At that time, the train was important 31 to and served the community, and Federal Highway was a small, two lane road. Over the years, however, the importance of the railroad to the community has diminished. At the same time, Federal Highway has been widened and medians added to address the shift in modes of transportation. The necessary right-of-way to accomplish the roadway improvements was taken from the east side of Federal Highway since the west side bordered the FEe. The end result is commercial parcels of land of marginal depth that invite strip development or isolated free standing uses that lack landscaping; a desirable transition to the adjacent residential properties; and, often, feature inadequate parking. Table 4.4 depicts the zoning districts that exist in Area I. Abbreviation RIA R1AA R3 PUD IPUD C2 C3 REe Source: Table 4.4-Area I Existing Zoning Districts Zoning District Density Residential, Single Family 5.80 du/ac Residential, Single Family 5.40 du/ac net Residential, Multi-family 10.80 du/ac Planned Unit Development Infill Planned Unit Development Commercial, Neighborhood Commercial, Community Recreation City of Boynton Beach, FL, "Official Zoning Map", updated March 2006. 20.00 du/ac Land Use Land use in Area I is predominantly residential, with a mix of single-family and multi- family. The east side Federal Highway has a variety of housing and housing conditions that range in allowable zoning density from 5.4 to 20.0 units per acre. Two recreational areas that provide access to the Intracoastal Waterway are located on the east side. The west side of Federal Highway, beyond the FEC railroad, contains less varied housing, and conditions are not as varied. Table 4.5 shows the land use districts that exist in planning Area I. 32 Table 4.5.--Area I Existing Land Use Designations Land Use Designation Density Allowed Low Density Residential 4.84 du/ac High Density Residential 10.80 du/ac Special High Density 20.00 du/ac Residential LRC Local Retail R Recreational (I)Also designated mixed use ifuse and development meet specified requirements Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated March 2006. Abbreviation LDR HDR SHDR Residential - On the east side of Federal Highway, there are a few lower density communities. The ones on the southernmost end of the planning area are in stabile condition, and showing signs of upward transition. This neighborhood appears to have been constructed around the 1950s as a first wave of retirement homes. It was noted that redevelopment in these lower density communities has started to occur, beginning particularly with those lots that front on the Intracoastal Waterway. Modest homes in these areas are giving way to large, two story residential units. The lower density community on the northern end of Area I appears older than its southern counterpart, and consists largely of moderate to marginal housing with an overall appearance of a neighborhood in decline. Numerous newer multi-family communities exist throughout this planning area that range from attractive to exclusive in appearance. Two mobile home parks that existed at the time of the original study are being replaced with recently approved townhouse and multi-family condominiums. The west side of Federal Highway within the corridor study area, north of Gateway Boulevard, contains a planned unit development that is separated and insulated from Federal Highway. The development is elevated well above the grade level of Federal Highway, and has berming and fencing on its perimeter, with no direct access onto the highway. South of Gateway 33 Boulevard is a commercial node and then a large area of modest residential units in need of rehabilitation and a recently completed zero-lot line residential development. A mobile home park that existed at the time of the study has been approved for redevelopment as a townhouse community. Commercial - Some commercial uses flank portions of Federal Highway. On the east side of Federal Highway, commercial land uses include vacant lands; several one-story shopping plazas; a motel; restaurants; and, both an active and an abandoned gas station. As noted above, parcel depth has been diminished over the years due to improvements to Federal Highway. Conversion of several of these commercial areas to high density residential developments is taking place. On the west side there are only two commercial nodes. The northern node is centered on and oriented toward Gateway Boulevard more than Federal Highway. It contains marginal, one story neighborhood strip mall retail uses. The location, orientation and nature of these retail facilities, in conjunction with the barrier created by the railroad right-of-way, indicate that they are not likely to serve either Federal Highway users or the preponderance of residential uses in this planning area, which are located on the east side of Federal Highway. The southern node is centered around NE 15th Avenue. Commercial uses include a funeral home as well as several vacant tracts of land. The intersection of Gateway Boulevard and Federal Highway, which should be considered a major node, contains residential on the northwest and southeast comers and commercial uses on the two remaining corners. The northeast corner features a gas station and the southwest corner features the marginal retail discussed above, and is set far back from the intersection due to the FEC right-of-way. 34 Recreation - Area I features two recreational sites on the east side of Federal Highway, proximate to the Intracoastal Waterway. The southern recreational area is a functioning boat ramp park. Because of the facility's proximity to the inlet, the park serves much of the South County area. As a result, there has been an increase in noise, traffic and parking that has presented issues for the surrounding community. The City of Boynton Beach has recently increased parking at the facility. Just north of the boat launch area is Intracoastal Park, developed with approximately $1.725 million in funding provided by Palm Beach County, in addition to City funds. The site contains active and passive recreational facilities. Impacts of Implementation Measures Following adoption of the amended Special High Density Residential land use category and the companion Infill Planned Unit Development regulations, a number of marginal commercial uses have been redeveloped as townhouse and multi-family condominium communities. The six projects approved as of March 2006, will provide a total of 449 residential units in the planning area. Since three of these developments are replacing antiquated mobile home parks, this is not a net gain of 449 units; however, with today's building standards, these new units will be better able to withstand the effects of storm events, thus providing a safer environment for the occupants. Locations of these projects are shown on the following map. 35 Federal Highway Corridor Community Redevelopment Plan Planning Area I Redevelopment Projects Map 4.9 HE 26TH IW t; ~ CO) au z NE 17TH AVE SCI CLEDR z m N Z o -t E 16TH AVE z... In{/) ~.i! 0.., Ow ....z .... u e UI z NE1 HE 151H CT 1,000 500 o 1,000 Feet 36 PLANNING AREA II 37 Federal Highway Corridor Community Redevelopment Plan Planning Area II Location Map 4.10 ~ ""t" ['11]]]] r J l if i OJ i : . i Ii Ii!' I I; , ! i lit \.J ,. . "~" . , , . NE1AVE ! ' ! ; t.t I I CI , ! .-f ',t=J11'U' II' {'5' "r' I I, i i ~NG'" ~ Ii"".. -, ':--1' .illT " iT 'r I' -T~,~: ,'" i_" ,. I LLL I I , 1 I I. I I r-i ! if J r -Il'--r" 'l'r'!I-'IT!r'-, , , ',.. .1 ."....L8TH~VE I I I ,I. I IT':1 :' IIITTITilll I i"111t'j . ;1 j r'7-r+r-I'l'rrI'T 11'1'- rr '."--", ; ,_'n_! i I I LJ.!' 1...JJ.AVE\ i I I I, ,.' , ..; r._,;!~. .,__,111 JllL_LI.lJ '-- '-:~.iCL~r r IJJJJIJTIII ;rr'T"flT rr 1 1 ' '.. j tJ. SIlO 250 o SOO Feel 38 Federal Highway Corridor Community Redevelopment Plan Planning Area II Land Use Map 4.11 Legend CJLOW DENSITY RESlllENTVIL lLOR).......s.U D>>JA... _AGRICULTURE tAl LJMOlJliRIln DEIIIt1Y IlEIIlIEllTW. tIIODIll.... 7.. D.II.1II.,. _RECIlEATIClrIAL 1Rl [Q-DElllnY~tIIEDRJ.... "'D>>.-. _1'U8Ul: & PIIl\lIlTE80YERHIIENTAUINSnlVnOHAL lPPGIJ _- D8SQY 1lIIlIIlEIllML1HDRl...... tU D.II.-. ..... UUjIIllJ _tl'ECW. HIGIl DBlIlTY IlEIlDBfTlo\L (SMDll) _1IIllED UUCo. tyXC) !mOfFlCE~fOCI a-1IH1-(IIllSJ _LOCAl. AEJlIL COIMEJlCIAL.(UlCI i .. IllEVEl.OPENT OF REOIDNAI. _ACT (DRIJ _- COIIIIEIlCIAI. fOCI ::::JC!lIQEIIVATIOIIICON) .ltDUll1llAl. " I2iJCO_VA1IOIl OWllLAY (ClOt 500 250 o 500 Feel 39 Federal Highway Corridor Community Redevelopment Plan Planning Area II Zoning Map 4.12 fI1LI ![I~[Il]TTJ 500 LegencI r::JRtAAA SilgIe Family ~C1 0Iice Prdestiu.lal _pu PIdlIic Usage r- iRtAAB SilgIe Family -Cl NlIighbomood Commen:iaJ -REC Recreation RtAA Single Family -C3 Canmunily eon-rciaI -AG AgrM:ube RtA Single Family -C4 Gener.lI Commen:iaI -IPUD fnIiI Planned Un~ Development Rt SingleFaniIy _ceo Cenhl8usinessbismct -NlJ..lMxeclUselDw f - -: R2 Duplex -PCD PIamed Commen:iaI Olmllopmenl -MlJ.H Mir.ed Use High -R3 MultiFamily r::JMllight....... OSMUSutubanJ.ixedUse _PUO P1amed Unit DeveIapment ElPID Planned hlIsIriaI De-.eIop,...... 500 Feel 40 r i Federal Highway Corridor Community Redevelopment Plan Planning Area III Zoning Map 4.15 I I _~_"J_~__ _. I ~.. i __ " i ~_.._--- _._-~._-~ HE ~-l , ,I ,- EDITH AVE Legend 500 25ll o 500 F_' i RtAAA ...... Family v.,", Cf _ ,__ _ PU ,_ U._ ! RtMS SI....Family _ C2 Nelgh_Commen:1a1 _ Me_n RiM II...... F...uJy _ C3 CommlBllty Commercial _ loG Agrlcullu.. RlA SI"lIIoF_iIy _ U _c--n:w 11II FUD Infil_Un;tDRel_nl Rt S..... Family _ CBO C_I Buslnosl DiIlrlct _ MII",- _ UHlow J R2 DuI*. _ reo ........ ComnIeRIW ~t Il\!!mi IIU-H _11M IIiOh . R2 Multi Family Cl Nt Ught IncIuIIrbI CJ SMU S_II _... Use I!I\II PIID ,lamed Unit DuslopIMnl _ P1D PlanMllln<luslrlal D...lop....nl + - 48 PlanninS! Area III Street Layout and Circulation The street pattern in Area III is a downtown grid with access to Federal Highway from both the east and west sides of the roadway. This pl~g area has two signalized intersections on Federal Highway, which are at Boynton Beach Boulevard and Ocean Avenue. These two intersections are 1,056 feet apart, which is 20 percent short of the spacing desired by FDOT. Typically, FDOT desires a minimum of 1,320 feet between intersections. These two intersections provide full median openings. The balance of the median openings are directional, meaning that only limited turning movements are allowed, and vary in separation. Driveway access in this area varies in distance separation. Boynton Beach Boulevard provides direct access to Interstate 95 from Federal Highway and, as such, should be considered a node of activity. Boynton Beach Boulevard, as a major right-of-way, terminates at Federal Highway. Ocean Avenue, which is just to the south, carries traffic across the Intracoastal Waterway to the Atlantic Ocean beaches and, therefore, should also be considered a major node of activity. The bridge at Ocean Avenue was recently rebuilt with 49 enhanced architectural features that continue the streets cape theme of Ocean A venue, and developers in the downtown area are being strongly encouraged to utilize many of these same features in their projects to create visual harmony. The FEC railway does not have a significant limiting impact in this planning area as it does in the two planning areas to the north. On the northernmost end of Area III, land between the railway and Federal Highway is approximately 200 feet deep. Land between the FEC and Federal Highway continues to gain depth throughout the balance of the corridor. On the southern edge of Area III, there is more than an estimated 400 feet between the two transportation corridors. The three FEC crossings in Area III provide ready access to the Federal Highway Corridor for land to the west. If passenger rail service is restored on the line and a station is established in the downtown, it will have important impacts on both land use planning and transportation planning for the subarea and the City as a whole. Zoning Approximately nine lots spanning across NE 4th Avenue contiguous to the railway are zoned for heavy commercial uses. Beyond that, however, the balance of land within Area In is zoned either Central Business District or Mixed Use-High Intensity. Table 4.8 shows the zoning districts that exist in Area III. Abbreviation CBD C4 MU-H Source: Table 4.8-Area m Existing Zoning Districts Zoning District Density Central Business District Commercial, General Mixed Use-High Intensity . 80 du/ac City of Boynton Beach, FL, "Official Zoning Map", updated March 2006. 50 The CBD zoning district is intended to provide a focal point in the community that integrates a variety of office, retail and residential uses. The district standards, densities and intensities are designed to create a synergy between permitted uses and to create a critical mass of upscale development that establishes a pedestrian environment and promotes the local economy. Land Use The land use designation in Area III is depicted in Table 4.9. The land use designations and the existing uses are not inconsistent. The northeast portion of this planning area has a special conservation ov~lay district. This is the Mangrove Nature Park that is a natural preserve containing scenic boardwalks that lead out to the Intracoastal Waterway. Table 4.9.-Area ill Existing Land Use Designations Abbreviation Land Use Designation Density Allowed MX Mixed Use(l)- 40 duJac MX-C Mixed Use-Core(l) 80 duJac GC General Commercial (I) A portion also designated conservation overlay Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated March 2006. The northernmost portion of Area III contains a propane gas outlet and a large Goodyear facility on the west side between Federal Highway the FEC right-of-way; uses similar to those in Area II as they are suggestive of heavy commercial uses. Other uses on the north end, however, include low scale community serving retail and businesses. The intersection of Boynton Beach Boulevard and Federal Highway contains commercial uses. A large chain drugstore occupies the northwest corner, while the southwest corner features a gas station. The northeast corner contains Boynton Plaza, a small scale strip shopping plaza in moderate condition with front-field parking. A redevelopment plan for the 51 shopping plaza has been approved for the site; however, construction has not commenced. A stormwater retention pond is located between the mangrove park and the existing shopping center. Immediately north is St. Marks Church and school facility. The southeast comer of the intersection was purchased by the CRA and cleared of the motel that existed on the site. A portion of the property is being used to create a promenade, which will link to the Intracoastal Waterway and the Mangrove Park. Land along Federal Highway and Ocean Avenue is in a variety of uses and appears to be under-utilized, particularly when considered in conjunction with the Central Business District zoning that is in place and the Mixed Use-High Intensity zoning district that could be requested. Along the west side of Federal Highway, between the gas station and adjacent small office building at the comer of Boynton Beach Boulevard and Ocean A venue, there is a large vacant lot that is designated for parking for the church that is immediately to the south. Veteran's Park is also located in this area. The church, in addition to the parking lot, also has extensive parking behind the building. Across Federal Highway is the remote drive in facility for Bank of America and, to the south of that, the main building for the bank. Other uses south of this area include retail and office. Along Ocean Avenue on the east side of Federal Highway, there is one story strip retail development and a small shopping plaza. The north side of Ocean A venue in this area is contiguous to the Intracoastal Waterway and the uses are marine-oriented and include charter fishing and diving businesses, and two successful waterfront restaurants. A mixed use development project with a marina located north of these uses has been approved and is nearing completion. 52 The west side of Ocean Avenue has been newly renovated and enhanced with streets cape elements. The north side of this block-long area features small scale retail and restaurants in a pedestrian environment. The two blocks south of Ocean Avenue along the west side of Federal Highway have been approved for a mixed use project. The intersection of Ocean Avenue and Federal Highway, which is another major node, is low scale development, which is emphasized by the width of Federal Highway. Other than the mixed use project, the intersection contains retail and office uses, except for the northeast comer which has a bank building. Recommendations for planning Area III were included in the original CRA plan, and then subsequently contained in the Boynton Beach 20/20 Redevelopment Master Plan that was finalized in September 1998. The original CRA plan envisioned further development specifically of the area between Boynton Beach Boulevard and Ocean Avenue. The CRA plan suggested the following in this area: o A waterfront public park/specialty retail/residential project that occupies the northeast corner of the Boynton Beach Boulevard and Federal Highway intersection, replacing the existing strip shopping center; o A hotel project that would overlook the waterfront amenities; both the marina and the mangrove park; and, o A marina project that would include specialty retail shops and more restaurants. The waterfront projects would bring population into the downtown area to support the desired retail and restaurants. The hotel project would serve a similar purpose, as well as capture the eity's share of the tourism industry. Note that the CRA plan conducted a market study and concluded that the area would support a hotel. The marina project would not only bring population to the downtown, but would also enhance the water orientation of this area, which is a 53 valuable asset. Parking for these suggested developments was not directly addressed, other than to note that it would have to be carefully coordinated. The CRA plan also envisioned a pedestrian environment along the west side of Federal Highway, as well as along Boynton Beach Boulevard and Ocean A venue. All of these recommendations were made, however, predicated on the completion of the Boynton Beach Boulevard Bridge that FDOT had planned to construct across the ICW. The bridge was not constructed, and the existing Ocean A venue bridge will remain in place. The Boynton Beach 20/20 Redevelopment Plan that was completed in 1998 also contained recommendations for this immediate portion of planning Area III. The 20/20 Plan, like the CRA plan, envisioned a waterfront plaza and overall redevelopment of the northeast corner of the Boynton Beach Boulevard and Federal Highway intersection. It also called for a pedestrian environment along Federal Highway, recommending building placement near the property line. Retail uses were envisioned along both sides of Federal Highway, with pedestrian access placed mid-block. The 20/20 Plan did not discuss a specific mixed-use marina project, and did not consider the hotel concept recommended in the CRA plan, but did address parking. The 20/20 Plan noted that parking to serve the proposed retail uses would be critical in attracting people downtown, particularly during the initial phases of operation. As a result, the 20/20 Plan proposed parking in the northeast comer of Federal Highway and Ocean Avenue, behind the buildings that have street frontage. This parking was proposed to serve the commercial uses that would be located on both the east and west sides of Federal Highway. Impacts of Implementation Measures The Mixed Use-High Intensity zoning district allows for a diversity of land uses and accommodates and encourages a mixture of residential, office, retail, recreational and other 54 miscellaneous uses on assembled parcels in the downtown area. It is consistent with the Mixed Use-Core land use designation. Three projects, utilizing this zoning district, have been approved since adoption of the Federal Highway eorridor Community Redevelopment Plan. The Residences at Marina Village, which is nearing completion, contains 350 residential upits, with 12 of them being townhouses. The other two will add another 696 residential units to the study area. 55 Federal Highway Corridor Community Redevelopment Plan Planning Area III Redevelopment Projects Map 4.16 \ I L' ~,"'-'\- .. t-- r ,- . ! t 'Ilul. ttl I~~~ , L . -'-rf! .It I ~! ! J i il I - 2i5O o eoo FHl 56 PLANNING AREA IV 57 1.000 !lllO o \.000 F~ 58 Federal Highway Corridor Community Redevelopment Plan Planning Area IV Land Use Map 4.18 HUDSON AVE FAYETTE DR l.l1DO 5llO o I.DOlI Feet Legend f.. .ILOW DEIISlJl' RESIIlEIlTIIIL (UIIlJ ....... D.U'-' _AGRICUUVRE (AI =:JNOIJEMTE DaIIIlY RESlDEImAl. CMODRJ...... 7.111 D.UJAcn _1lECIIEIiI1OML IRJ G2JIIEOMI DEIISQY RESlOElITW.III1!DRJ...... UI D.U.JA.n _PUIUC & I'RIVllrE 601IERNIIENTAUIISTlTUllONAL lPPGQ _III8HDBIIRY RElIIlEIf1W..,-) ......,... D.u1Acn __ UIE lIIlIJ _II'ECIAl.HIIIN IlEIIIRY REIlIlEImAl CSHDRJ __ UIE CORE (NIlCI 1$il0ff1CE eoIIIIIBlClllLIOCJ __ USE IWUIlIAN (IIllSI _LOCAl. RE1llI.~ PCI I.!"3I1B1ELOP..-rOF IlEGIOIIAL IIII'llCT (DIU) _GEIIStAL COMIIBlClllLI6CI "'Ri,JCOIIIBlMIIOIllc:otll _IlIlUSTAIIlLIII f2P'dCOllIERMROll OVERLAY(CjOI + - 59 HUDSON AVE , Hi. !tI: ND I.ODD :lOD o 1.1110 Foel Legend r:::JRIANl lingle Family _CI 0fII0e ,,__ _PU P_ Uuge IJRllUlB I.....FamI' _0 ...............C_troQl _REC __ RIM Slllglt F-u, _C3 CoMntIMilf eo..-iaI ~ ,........ RIA Ifn8Ie Family _ce ~ c:-daI _I'IID InIII PIIn_ Unlt O"..,pm.n1 !" '....Famlly _ceo ~""""D_I ...,u.lllludllHLow C]R2 ~ _PCD ......c-.....Dt.-'-.e.lI_IIU-lIIII_UMHI... _R3 ....F--, 0111 Ught-...ul CJSIIIJ_U_U- _PUD Pbnnod UaltDtvolopmetl1 _P1D Pbnntd _ DrNIopmonl + - 60 Planninl! Area IV Overview The north boundary of Planning Area N is S.E 2nd A venue. The eastern edge is the municipal boundary, which is roughly the centerline of the Intracoastal Waterway. The southern edge of Area N is being extended to include the two shopping plazas immediately to the south of the intersection of Federal Highway and Woolbright Road. The western edge of the corridor in this area is the FEC railway. In this portion of the corridor, Federal Highway is in the middle of the study area. Street Lavout and Circulation The street system and circulation on the west side of Federal Highway is a traditional grid pattern In contrast, land on the east side of Federal Highway is representative of newer development. Streets are curvilinear and serve only the development in which they are located, providing no interparcel access. Planning Area N contains one signalized intersection, at Woolbright Road and Federal Highway. Because Woolbright Road provides a direct link between 1-95 and the barrier island, this intersection is a major node. There are two other streets that intersect with Federal Highway that also provide crossing to the west at the FEC railway. These are SE 5th Avenue and SE 12th Avenue. While these two streets intersect with Federal Highway, there are no median openings at these intersections. There is, however, a median opening at SE lOth A venue. 61 Zoning The zOnIng districts in Area IV are varied, and accommodate single family and multifamily development, mixed use, office, commercial and recreational uses. The zoning districts that are present are shown'in Table 4.10. Abbreviation RlAA R2 R3 MU-L OC C3 REC Source: Table 4.10--Area IV Existing Zonin" Districts Zoning District Density Residential, Single Family 5.40 du/ac net Residential, Duplex 9.60 du/ac Residential, Multi-family 10.80 du/ac Mixed Use-Low Intensity 40.00 du/ac Commercial, Office Commercial, Community Recreation City of Boynton Beach, FL, "Official Zoning Map", updated March 2006. The existing uses are not inconsistent with the uses permitted in the various zoning categories. The Coastal Management Element of the Comprehensive Plan, however, noted that there were four developments that had densities that exceed those allowed by zoning. These are the Sterling Village condominiums and three other contiguous developments. The first was noted as having a density of 30 units per acre; the next of 18 units per acre; the third of 20.3 units per acre; and 18.6 units per acre at Sterling Village. The maximum allowable density under the existing zoning is 10.8 dwelling units per acre. Land Use The land use designations present in Area IV are shown in Table 4.11, which is included on the following page. Existing uses and land use plan uses are not inconsistent, although several developments have densities greater than otherwise permitted. Existing land uses in Area IV are mixed. The northeast quadrant of this planning area is occupied predominantly by Sterling Village, which is a garden-style multifamily condominium 62 development. Field inspection of Sterling Village indicated that many of the units are seasonally occupied, and occupants are largely age 55 and older. South of this is Boynton Isles, a single family detached community that has a water orientation. Separating this residential neighborhood from Federal Highway is a pocket of commercial development that includes the Women's Club, a single commercial use, and office uses of which one or more is vacant. To the south of the commercial pocket are two condominium developments, Snug Harbor and Bermuda Cay, which has recently converted from a multi-family rental complex. On the northeast comer of Woolbright Road and Federal Highway is a gas station. To the south of the intersection is a shopping plaza containing a large supermarket, bank, large chain drugstore, several restaurants and fast food establishments. Table 4.11.-Area IV Existing Land Use Designations Land Use Designation Density Allowed Low Density Residential 4.84 du/ac Medium Density 9.68 du/ac Residential HDR High Density Residential MX Mixed Use LRC Local Retail R Recreational (I)Also designated mixed use ifuse and development meet specified requirements Source: City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated March 2006. Abbreviation LDR MeDR 10.80 du/ac 40 du/ac The west side of the Federal Highway in Area IV is commercial. Uses are uncoordinated and unrelated. These include several banks; a motel, several fast food establishments; a church located in a defunct shopping center; personal services; and, several vacant parcels. The overall impression of this portion of the planning area is marginal and in a state of decline. At the intersection of Federal Highway and Woolbright Road, the above mentioned mixed use project is on the northwest corner. The approved site plan for this development includes retail and office uses fronting on both Federal Highway and Woolbright Road, two ~esidential towers, parking 63 garages and townhouses. On the southwest corner is a gas station surrounded by a shopping plaza which contains a large supermarket, restaurants, and a variety of retail stores. The aforementioned commercial uses on the west side of Federal Highway wrap around an area of residential duplex development. This small community is surrounded on the east, south and a portion of the west by commercially zoned land. The balance of the west side of the residential area is contiguous to the FEC railway. Pence Park, which is a public recreational facility, is to the north of this community. Impacts of Implementation Measures Two rezonings to Mixed Use-Low Intensity have been approved since adoption of the eorridor Plan. The first, at the northwest corner of Woolbright Road and Federal Highway is on the site of a former lumber yard. The property was split by the original south boundary of the Planning Area. In order for the property to be developed under a single set of development regulations, it was decided to include all of the property in Planning Area IV. In all, it will provide an additional 378 residential units, in a combination of townhomes, apartments and lofts, as well as retail and office spaces. The second rezoning to Mixed Use-Low Intensity is located on on the west side of Federal Highway between SE 5th Avenue and SE 6th Avenue. It is approved for 48 residential condominium lofts, as well as commercial uses. While each of these projects has been approved, construction has not begun. 64 Federal Highway Corridor Community Redevelopment Plan Planning Area IV Redevelopment Projects Map 4.20 LLIJ~~? I ~~ L'~iJ;~' r-il~~~i ~~VE tJ lillJ :" &E1st.ain!JILQ1i..L. i .,~ 1 Tl .._\ ' I .__ lJ r ,aUJI~ l! I Lj BE I tr, HUDSON AVE LU' _.SE.2NIl.tw.hU." t ~ i:.-..A\ ~TTTrJi 71 JITIT. U1~HI : IJ..n '-=rJll~.ll; \-\ ~J:WNS. '~., 111 I Ii' , . ..-., 'F- ...., .' ~.. '-:.:' I ' r-( ,>' --.-:"7~7 ,1!11.! I. I r: IIII .i~l.L'.'rn.!1D. 'l '1_. I .~~ hi H }'~~:;';ill J~T_li~:~'h;' /T'iYE i '''I~ "", ;/ i':\\~/ r t,.i'I~L ) \ I ..' . 'ti." \ oj} . '.. . i ~ Boynton Lofts ..' '?111. .I ,J .~~ . WE L "I ......f I ! I \ :r:ITCi1! ; til~ ..~ ~tr:'/ ..i.... -4 ITut \i i'rJL~u/I)\ ' ~l"" ... jff,'iC ~U~ly~ ~l: H"i! i\r~ 'T, ,:' g r~ ! HGtlZON 5 ; ~m~rr~~t~i~\ ~Imj~ I'f I~ '., lji.l)lJ ~ ~;JIJJ1~~T ,'~.: , .~ :' i " ~ D~ 'ill ~""...) HARBOURDRN ." i /fj u;:': ~ [11, ii .. ~ ,Lc If<.b5:I -:......:~ ) : i' '. C. I I , I I:!', .- if. I swJRQ " i:i i \\ l~ sHiiH'~1j~ I, '-=-1 I ~ICAffriLU iN: , ,: ' ! iLl .':1 s -r I.AVE'I 1.1.1 I ~ \ I i J : Ii '. i.l ! " dJ i .- ., h-, , I ' " , , ' " ".. ,. ., ; R1VIEMDR' :~;~~~HU~I I li i ii!~ . ,I' ; ~~k.~~ ~ l b,!H~~* i Uf\l. i! ~1 ~__hU . ._.____ ..~ I' I i ~~~,~ I ,'j .'. r '----- ~ ~~ In nrl - ....-. '-C1 IT.... -~J-L L IJ. L~1Ln_ it' I I ----- '::J DOl PHIN aND __. Sib ...klk:::! .' rrl , ""oc..... :...n. OR ,I I ---/J: i iJ/.T I \ h" --;' i i - 1" Q AYDR I ...J . 1._ !CIO o I.lIIllJFMI 65 PLANNING AREA V 66 Federal Highway Corridor Community Redevelopment Plan Planning Area V Location Map Map 4.21 1.~ 7tIO o 1.1100 "-t 67 Federal Highway Corridor Community Redevelopment Plan Planning Area V Land Use Map 4.22 i I / UlOll . 7!lO Legend CJUlWDEllSITY RESIIEN11AL(LDRJILu....U o.uJll_ _AGRICULTURe ~ DIIOIIERA1E DEllSIfY RESIIIENJML(IICIDIQ.... 7.2CIW.IAcR ~IRJ ca- DEllIITY 1lEIIIBITIIL\MEIIR)1Iaa. UI o.uJAeno .....-..c & I'RIWME GOVERIlMENTAUIIlSTITUTJOHAL (PPGl) _II8IlDBllllYIlEIIIEIFIW. (IlIIIQIIM. tU o.u.-. ""-1ItE CUI _RCIIlL HlGKllElIlITY llEIlDEImAl (l1IOIIJ ,,-UIE COllE lNJrC) l:ll'l10FFlCE COMIIIEllClALIOCJ IlliI'JIIllEO UIE IUBURlIAH INXS} _I.OCJU. RE1lUI. COIIIIIIRCIAl (LRC) EJDhELOPIIEIfT OF REClIOfW. IMPACT (ORI) -- COMIIElIaALlGC) [ZjJCClIIIEIlVJmOlIlCOIll __OUITllN. PI 1Z1IC0000ERVJInON OVERlAY (C/O, o UlOO Fetot 68 + ... Federal Highway Corridor Community Redevelopment Plan Planning Area V Zoning Map 4.23 legend 'c JRIAAA 5neIe FlIIIliIy ~CI 0tIw....._ _pu P*1c Usage flRIMI 51n11-F_iI1 _<:2 ~~ _1lEC Ra..- RfM l/inoIo Fam, _C3 c-.u.., ~I ~ AIricIIbw RIA-$hf.F~ _C4 '-~ _IPUD -~Un1~ R1 SingIo F......, .-ceo CenRI........ DiIh:l .1aJ.I. __11M a.- C~IR21lup1ox .PCO PIoon"'~o...!apmenl_~ M1QdUHHigh _IU &I.... F~ 0&11 UgIIIIn..... ClSMU Subuobon ~ 11M II!!PIIO ..........,1hIiI~I_PO PI_In~D~ I.!SOO 7llO o f.llOO Fftt 69 Planninl! Area V Overview The southernmost planning area, Area V, occupies the balance of the Federal Highway Corridor from the southern edge of Area IV south to the municipal limits. The centerline of the Intracoastal Waterway forms the eastern edge of the planning area, and the FEC railway is the western boundary. The southernmost 3,600 feet or so of Area V contains numerous parcels of land that are not within the City of Boynton Beach. Additionally, a part of the east side of Federal Highway is not within the City. These properties are in the City's future annexation area and will be added to the City when requested by the property owners. Street Layout and Circulation With the exception of multifamily residential development located on the west side of Federal Highway around SE 21 st Avenue that has grid pattern, the street layout in this planning area can be described as curvilinear. Streets were designed to serve only the immediate development in which they are located, and not to provide inteIparcel access. Planning Area V has two signalized intersections on Federal Highway, which are at SE 23rd Street and Gulfstream Boulevard. These two intersections provide full median openings. Additionally, these are the only two east-west streets that provide access to the west across the FEC railway right-of-way. The balance of the median openings are directional and vary in separation. Driveway access in this area varies in distance separation. :. 70 The intersections of SE 23rd Street and Gulfstream Boulevard with Federal Highway are important because of their size and the fact that they provide western access. As a result, these should be considered major nodes. Zoning A broad range of zoning categories exist in Area V, which are shown in Table 4.12. Abbreviation R1AA Rl R3 PUD IPUD e2 C3 e4 REC Source: Table 4.12-Area V Existing Zoning Districts Zoning District Density Residential, Single Family 5.40 du/ac net Residential, Single Family 7.26 du/ac Residential, Multi-family 10.80 du/ac Planned Unit Development Infill Planned Unit Development 20.00 du/ac Commercial, Neighborhood . Commercial, eommunity Commercial, General Recreation City of Boynton Beach, FL, "Official Zoning Map", updated March 2006. The existing uses are not inconsistent with the uses permitted under the applicable zoning districts. The Coastal Management Element of the Comprehensive Plan, however, noted that there were five developments that had densities that exceed those allowed by zoning. These existing densities were 27.7, 25.4, 32.2,21 and 5.3 units per acre. The maximum density permitted by the zoning district for the first four developments is 10.8 units per acre. The fifth development has land use that allows a maximum of 3 units per acre. As a result, these residential communities are non- conforming uses. 71 Land Use Land use designations in Area V are extremely varied. Table 4.13 depicts the existing future land use designations. Abbreviation LDR MoDR MeDR HDR SHDR LRC Ge R (I) A Source: Table 4.13.--Area V Existin2 Land Use Designations Land Use Desi2nation Density Allowed Low Density Residential 4.84 du/ac Moderate Density Residential 7.26 du/ac Medium Density Residential 9.68 du/ac High Density Residential 10.80 du/ac Special High Density Residential 20.00 du/ac(l) Local Retail General Commercial Recreational rtion also desi ated conservation overla district City of Boynton Beach, FL, "Comprehensive Plan Future Land Use Map", updated March 2006. Area V contains not only a mix of land uses, but these uses are arranged with no apparent logical order. Commencing at the northwest study area boundary uses include, a fire station, medical offices; assisted living facility; residential; motels; and, miscellaneous free standing retail uses. In the southern portion, these uses appear marginal, uncoordinated and in a state of decline. The Federal Highway and Gulfstream Boulevard node is just north of the southern boundary of the study area. On the northeast corner there is an adult entertainment establishment. To the north and west of this is a declining shopping plaza. The east side of Federal Highway at the southern end of Area V is not within the eity of Boynton Beach. The southernmost portion is vacant property within the Town of Gulfstream and has a recreational land use designation. Farther north, the property is in unincorporated Palm Beach County and is within the City of Boynton Beach's future annexation area. Tradewinds Estates, a single family development lying between Federal 72 Highway and the ICWW, is in unincorporated Palm Beach County. Approximately 87% of the properties in this subdivision are supplied with water and sewer services by the City and have annexation agreements with the City. Other uses in this area, however, include outdoor storage and display of various items. The poor appearance of these retail facilities detracts from the area. Continuing north on Federal Highway to the southern city limits, uses include multifamily units and Jaycee Park, which is a public, passive recreation area with ICWW orientation. North of that, there are more multifamily units, and then a number of commercial sites that are either vacant, or developed but abandoned. Continuing north, there are more multifamily developments and then various commercial uses that include fast food establishments. Impacts of Implementation Measures Adoption of the IPUD zoning regulations sparked a flurry of redevelopment activities within the subarea. Most of that activity has occurred from the node at the Federal Highway and SE 23m Avenue southward to the node at Federal Highway and Gateway Boulevard. In addition to replacing existing and declining development, including a mobile home park, it has encouraged assembly of small parcels and the annexation of lands formerly lying in unincorporated Palm Beach County. The ten projects that have been approved through March 2006, will add 912 residential units to the study area. While the majority of these developments have been solely townhouses and condominiums, approval has been given to replace the declining shopping plaza at the northwest corner of the Federal Highway and Gateway Boulevard intersection with a mixed use development, consisting of commercial uses along the Federal Highway 73 frontage and both condominiums and townhouses on the more western portions of the property~ 74 Federal Highway Corridor Community Redevelopment Plan Planning Area V Redevelopment Projects Map 4.24 l.1U1J 1 .r )i- l)(- ....::' i I Ii: _~_ I : d_L. .- --f, n' :';;;r::rrmlfI( . II '--cu::---:' f . 1 / ...'~ p:f-.rj}!2 i L_?::---4=r""/"f"";;ol j L~! L' ,g"d}'"". c--nlnrrj:n::..--' i ; l-7';4~.i:]{j1~ ."CrHtFnI; ~._ J l 'lIB RWJTI ! Kensington Place." ,: i 8.n ,..~Lj i j"":I,il",:l3'".'t.,,~..~~.:-~A~;~~,t+lnn 114 ,F\lfi~j 1 _ "d.u.Ltffj '--_' a lJJ: JL~J~ !SI,W ", !~~rU.L1J1/.<i01ttHffitWJ / l4i'L~~~ -'_, ,illliPIIIJP-l.r+8.: 11~<:;?:m-o!1 , .1- '" ." _.1 u ITTU : " f-, I '~;~\,,/ f,P-'mf j~. ','L..1. /~Ir[j U1lillt' 1,lDT; i~\l1~f~i1!!rC} -Irl.J-t .___.'/'>._TII 1 ilTIll II" ' 'iUW:.;'i) fi.,~J rtl "i7!;;~lJiji;,!JI!~~i!~~!,' J -/,~,.-1. ,"S." fUll 11JTIID: j: , : ; , '/'--J:,""TllurIDJ' W:, /7--.. ,... '.1.) I ~ -" .....1[.. .. I J I ~.J""': ~'_ i : \-1 ,~- tid; '-'\1:l Oceanside ,!_J-?,~~\ J l"l! I I'L_~:-r- i' .J i- .J-- ~,L. -- ~\ Heritage Club d~ _ .! g-J lj~q grTl I ,u,rr~ f-' ;!---, "~ ........_--......'=1 .' ... .'....'.. '. ..i. n :l' 'l=! . ." . . . -~ !i::ft::..it:, ~~'~EJ.H 'I :[--:1' "-itJI'.1 ' ,r'l"'; )t:: '.:., t- . ~'r.l:::' i i L~ -;~_~J t. ...._-_..:~ l' i: ;' -."' l.eDO 7eD o UOD Feel 75 SECTION V MARKET ANALYSIS Introduction The Community Redevelopment Agency redevelopment plan that was adopted in August 1984 recommended the development of a convention style hotel within the eentral Business District, which is also planning Area III in this analysis. Additionally, both the CRA redevelopment plan and the Boynton Beach 20/20 Redevelopment Master Plan suggested mixed use developments, to include retail, in the core downtown area. Approximately 17 years has passed since the initial recommendation for a hotel, additional retail space and office uses that was contained in the CRA plan. This section of the Federal Highway Corridor Study, therefore, will review the hotel market at this time as well as the market for mixed use retail to determine if prior recommendations are still viable. Hotel Market Analysis The CRA plan adopted in 1984 examined conditions in what was identified as the competing markets; the Lake Worth and Delray Beach downtown districts. The plan noted that Boynton Beach's location between these two areas indicated that the City could expect to share in some of the advantages and disadvantages experienced by the surrounding areas. The CRA redevelopment plan found that in 1984, the "least favorable market indicator" was the number of hotel and motel units available. At that time, Boynton Beach had 239 hotel and motel units combined, compared to 598 total units in Delray Beach and 828 units in Lake Worth. While a breakdown of the number of units by hotel or motel was not provided, the CRA plan stated that the units within Boynton Beach 76 were not only smaller in number, but provided in comparatively smaller facilities that could not accommodate meetings or conferences. As a result, the plan indicated that Boynton Beach was likely not capturing the full economic benefits of the convention and tourism industry. Almost 17 years has transpired since the recommendation to take advantage of this market segment through siting of a convention type hotel in the core downtown area. As a result, a review of current market conditions is warranted to determine if the recommendation for placement of a hotel is still a valid land use consideration. The data contained in Table 5.1 on the following page provide information concerning hotel and hotel units within both the County and the regional market area, which includes not only Delray Beach and Lake Worth as included in the original CRA plan, but also Manalapan that is just north of Boynton Beach. A convention style Ritz- earlton hotel has been constructed in Manalapan since completion of the CRA plan and, therefore, must be included in the regional market area. Note that only hotels are examined is this analysis, and not motels since they do not provide convention or banquet facilities, or other "full service" amenities found in hotels. The classification to determine whether a facility is a hotel or motel has been taken from the Florida Department of Business and Professional Regulation Division of Hotels and Restaurants Master Listing of Accounts prepared January 8, 2001. The State determines whether a facility is a hotel, which is classified as 02, or is a motel, which is classified as 03. The first half of Table 5.1 compares the number of hotel facilities in the City of Boynton Beach to those in all of Palm Beach County. Boynton Beach has approximately 77 rJ:J ~ ~ ~ r-l ~ o == ~ z ?f( ?f( ?f( ?f( *- ?f( ?f( ?f( ?f( ~ trt ..... f') f') f'-. ..... .- f'-. Vl .- 0\ N f') N f') f') "1" N f') .- N "'T ~ ?f( ?f( ?f( ?f( ?f( ?f( ?f( ?f( ?f( ~~ ~ C'f") f') f') Vl "1: N f'-. f'-. "'T f'-. 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(/) 8 0 "0 8 v l:: .- ~ ~ 0 >:: v (/) (/) v +:l v .- .- .-. ..... .- .- u u ~ v oS t+-< V 0 (/) 0 ..c: oS u ro v t+-< ~ 0 l:: 0 (/) .- ~ .~ l=l .- .0 8 ~ 0 0 u ro (/) (/) .-. .- v ro ..... ~ 0 ..c: ~ ~ 0 '61> ~ v f ~ 6.2 percent of all hotels in the County, compared to neighboring Delray Beach and Lake Worth, each of which have 4.6 percent of all hotels in the County. The Ritz-Carlton in Manalapan constitutes 1.5 percent of all hotels in Palm Beach. Similarly, Boynton Beach has 4 hotels that constitute 36.4 percent of all hotels in the market region, compared to 27.3 percent each for Delray Beach and Lake Worth, which each have 3 of the 11 hotels in the market region. Manalapan's hotel represents 9.1 percent of the hotels in the market region. The data were then examined to compare hotels that had 100 rooms or more, since that would be the very minimum number desired to support banquet or conference facilities. These data show that Boynton Beach has 3 hotels with 100 or more rooms, compared to the County that has a total of 43 hotels with 100 or more rooms, which equates to Boynton Beach having 7 percent of all hotels with 100 or more rooms in Palm Beach County. This compares to Delray Beach that has 4.7 percent of the hotels with an excess of 100 rooms. Lake Worth and Manalapan each have only 2.3 percent of the hotels with more than 100 rooms. Similarly, Boynton Beach has a greater percentage of the market region's hotels with 100 rooms or more. The City has three such hotels, which represents almost 43 percent of the hotels in the market region. It should be noted, however, that one of these is a Holiday Inn Express located proximate to Interstate 95. Although the hotel does provide meeting rooms, it is of minimal size featuring only 100 rooms, and is not representative of typical conference resort hotels. A second hotel in Boynton Beach is the Holiday Inn - Catalina on North Congress Avenue, which has been reported to Boynton Beach Planning staff as maintaining a high occupancy rate due to flight crews from Palm Beach International Airport. As a result, the higher percentage of 79 hotels with greater than 100 rooms in Boynton Beach may be diminished because of these two unique circumstances. Further, a review of the number hotels with 100 rooms or more in the regional market shows that each of the competing areas --- Delray Beach, Lake Worth and Manalapan --- have one water oriented hotel facility with conference or meeting room space. The City of Boynton Beach, however, has no such facility. The second portion of Table 5.1 examines the number of units available, rather than the number of hotel facilities. Palm Beach County has a total of 10,063 hotel units. The data in Table 5.1 show that Boynton Beach is competitive with Delray Beach. Boynton Beach has 740 hotel units for 7.4 percent of all units in Palm Beach County, while Delray Beach has 790 hotel units for a total of just under 8 percent of all units countywide. Lake Worth has a total of 255 units and Manalapan 270 units, which is equal to 2.5 percent and 2.7 percent of all hotel units in the County, respectively. Similarly, Boynton Beach and Delray Beach are competitive with each other on a regional level, with Boynton Beach maintaining 36 percent of all hotel units within the region, while Delray Beach has 38.4 percent. Boynton Beach and Delray Beach each have slightly more than 4 percent of the units countywide that are located in hotels that have 100 units or more, as well as roughly the same percentage of similar units compared on a regional basis. Once again, however, Boynton Beach has no units in a conference sized hotel with a water orientation, while Delray Beach enjoys almost 41 percent of such units; Lake Worth 16.7 percent of similar units; and, Manalapan more than 42 percent of the region's units in conference sized hotel facilities. The hotel in Delray Beach with a water orientation is the Marriott Delray Beach located on North Ocean Boulevard with 260 units. The similar hotel in Lake Worth is the Gulfstream Hotel located on the west side of the Intracoastal Waterway. This hotel features only 106 rooms and is a minimal conference hotel. It has a total of 2 meeting rooms that seat only 5 to 80 12 people, and a total of 2 banquet rooms that accommodate a maximum of 50 to 100 people. The third regional hotel is the Ritz-Carlton in Manalapan that has full meeting and conferencing facilities, and features 270 rooms with a water orientation. This analysis examined existing market conditions in the County, as well as in the competitive market region as initially examined in the original CRA plan and expanded to account for the newer development in Manalapan. The results indicate that there is still a market niche for a conference-sized hotel with a water orientation within the City of Boynton Beach. While the CRA plan suggested a hotel with 100 to 200 rooms, it is recommended that the City of Boynton Beach consider a hotel that approaches or slightly exceeds the upper end of this size to be competitive with the Marriott in Delray Beach that has 260 rooms and the Ritz-Carlton in Manalapan that has 270 rooms. According to the Palm Beach Property Appraiser's office, the Delray Beach hotel is situated on approximately 4.5 acres, which equates to an estimated 754 square feet per hotel room. The Manalapan resort site is approximately 6.8 acres including its extensive pool, patio and deck areas, which equate to 1,097 square feet per hotel room. These data indicate that the City of Boynton Beach should consider a redevelopment site for a hotel that ranges between 3.5 acres and 5 acres to accommodate a convention type hotel that has 200 rooms. Retail Market Analysis In addition to recommending a convention type hotel, the original CRA plan suggested mixed uses to include retail and office. Specifically, the CRA plan suggested an additional 50,000 square feet of retail, including restaurants, and an additional 20,000 to 30,000 square feet of office use. The Boynton Beach 20/20 Redevelopment Plan provided similar recommendations . with regard to uses, although it did not specify a target square footage of additional uses. 81 In recommending additional non-residential uses in the downtown area, the CRA plan considered population distribution in the regional market that includes Boynton Beach, Delray Beach and Lake Worth, as well as income and homeownership as an indicator of market stability. Since the CRA plan was prepared almost 17 years ago, however, a reexamination of market projections is warranted. The Planning Division of Palm Beach County completed a "Commercial Needs Assessment Report", revised through December 1999, that examined office and retail demand projected in the year 2015. The study focused on portions of Palm Beach that are west of the subject study area, but considered supply and demand for retail and office throughout all of Palm Beach County. The Needs Assessment utilized smaller planning sectors that are used by the Metropolitan Planning Organization (MPO). While the focus of the analysis was on areas west of the Federal Highway Corridor, the Needs Assessment considered all of Palm Beach County to take into account mobility, travel patterns and relationships between the various smaller planning sectors that were utilized. The Federal Highway Corridor is not isolated within a singular smaller planning sector. Further, issues such as future population distribution and mobility greatly affect the demand and specific location for retail and office. As a result, the data contained in the Needs Assessment study were examined at several different levels to determine future supply and demand for office and retail. A reduced regional market area was considered, which extended from Interstate 95 east to the Atlantic Ocean, north to a line south of Forest Hill Boulevard, and south to a line that is north of Clint Moore Road. This is a narrowly defined area that encompasses MPO planning sectors 43 and 53, and is referred. to as the reduced regional market. The second area that was examined included the first area, but extended more westerly to Florida's Turnpike. This second 82 area includes MPO planning sectors 42 and 43, which are north of Boynton Beach Boulevard, as well as 52 and 53 that are roughly south of Boynton Beach Boulevard. As a result, the core downtown of Boynton Beach lies approximately halfway between these northern and southern planning areas. Referred to as the expanded regional market, this area takes into account personal mobility within the general vicinity. The data for the third planning area that were considered included all of Palm Beach County, which provides for regional mobility. The supply and demand data for offices uses in the year 2015 for these three areas was taken from the "Commercial Needs Assessment Report". This information is summarized in Table 5 .2, which is on the following page. These data for the reduced regional market indicate that in the year 2015, there will be a . surplus of retail space totaling approximately 317,700 square feet. At the same time, however, these data indicate that there will be a deficit of office space in this area that totals more than 1.9 million square feet. The retail demand that was calculated throughout the Needs Assessment analysis is based upon population within a give sector. A predetermined square footage of retail per capita was used for neighborhood, community and regional retail facilities within a given MPO planning sector to determine the amount of total square footage that would be needed. The projected population within a planning sector, therefore, determined the amount of retail that the given sector could support. The methodology, however, does not take into account mobility and transportation routes. As a result, it would not be appropriate to consider the data contained in Table 5.2 as a definitive analysis of need within a specific sector 83 Use Total Retail Total Office Retail Sector 43 Sector 53 Office Sector 43 883,133 sq. ft. 2,960,181 sq. ft. Sector 53 2,662,866 sq. ft. 2,574,592 sq. ft. Note: Parenthetical numbers indicate future deficit or need for the stated use Source: Palm Beach County, FL, Planning Division, Commercial Needs Assessment Report, revised December 1999. Table 5.2.-- Retail and Office Supply and Demand in the Reduced Regional Market, 2015 Supply Demand 7,427,470 sq. ft. 7,109,743 sq. ft. 3,545,999 sq. ft. 5,534,773 sq. ft. Difference 317,727 sq. ft. (1,988,774) sq. ft. 2,531,334 sq. ft. 4,896,136 sq. ft. 3,807,506 sq. ft. 3,302,237 sq. ft. (1,276,172) sq. ft. 1,593,899 sq. ft. (2,077,048) sq. ft. 88,274 sq. ft. Similarly, office space demand was calculated with a formula that also involved planning sector population. The methodology utilized was predicated on a predetermined ratio of 253 employees for each 1,000 people. The sector population was, therefore, divided by 1,000 and then multiplied by 253 to determine the number of employees within a sector. That result was then multiplied by 200 square feet of office, which is, according the study, the amount of office space per employee in an average, new suburban office. The resulting number was the estimate of the amount of square feet of office space required for the population within a given sector. As with retail uses, however, this methodology does not take into account issues such as mobility and transportation routes. The second analysis of the data included a review of the expanded regional market. This analysis assumes that there is the potential for mobility of population within the larger region, but not necessarily throughout the entire county. Table 5.3 shows the results of the supply and demand in the year 2015 in the expanded region. 84 Table 5.3.- Retail and Office Supply and Demand in the Expanded Regional Market, 2015 Supply Demand 23,723,756 sq. ft. 29,009,181 sq. ft. 14,409,857 sq. ft. 22,751,140 sq. ft. Use Total Retail Total Office Retail Sector 42 Sector 43 Sector 52 Sector 53 Office Sector 42 6,285,127 sq. ft. 9,634,393 sq. ft. Sector 43 883,133 sq. ft. 2,960,181 sq. ft. Sector 52 4,578,731 sq. ft. 7,581,974 sq. ft. Sector 53 2,662,866 sq. ft. 2,574,592 sq. ft. Note: Parenthetical numbers indicate future deficit or need for the stated use Source: Palm Beach County, FL, Planning Division, Commercial Needs Assessment Report, revised December 1999. 8,115,938 sq. ft. 2,531,334 sq. ft. 8,180,348 sq. ft. 4,896,136 sq. ft. 12,250,989 sq. ft. 3,807,506 sq. ft. 9,648,449 sq. ft. 3,302,237 sq. ft. Difference (5,285,425) sq. ft. (8,341,283) sq. ft. (4,135,051) sq. ft. (1,276,172) sq. ft. (l ,468, 1 0 1) sq. ft. 1,593,899 sq. ft. (3,349,266) sq. ft. (2,077,048) sq. ft. (3,003,243) sq. ft. 88,274 sq. ft The Date in Table 5.2 examine the expanded regional market, and indicate a deficit of need for both additional retail and office space in the year 2015. The data for the expanded area indicates a need for almost 5.3 million square feet of additional retail space, and more than 8.3 million square feet of office space. In comparing the data contained in Table 5.2 and Table 5.3, it becomes apparent that the difference in the projected deficit is a result of a projection of greater population, bearing in mind that demand for both types of uses is predicated on the population within a given MPO planning sector. The additional population is projected west of Interstate 95 and results in a very dramatic increase in both retail and office demand within the expanded regional market. Note that these numbers do not take into account any increase in population east of Interstate 95 that could occur as a result of redevelopment but not anticipated at the time that the population projections were prepared. The third area analyzed was the entire area of Palm Beach County. Overall, the Needs Assessment found that there would be a deficit of retail totaling approximately 1.35 million 85 square feet in the year 2015. At the same time, however, the analysis determined that there would be a surplus of office space of approximately 14.7 million square feet. lhis gross number assumes, however, an ability and willingness to traverse all of Palm Beach County for both retail and office needs. This includes retail needs that would otherwise be met on a reduced regional level. As a result, these data suggest that there may be a need to examine the distribution of these non-residential uses, but they do not necessarily suggest an adjustment to the square footage of either retail or office uses. The Commercial Needs Assessment merits consideration as an important tool for analyzing the demand of non-residential land uses in Palm Beach in order to determine if there will be a reasonable balance of competing land uses in the future. lhis can assist county planners in assessing requests for land use amendments as well as determining if the general distribution of land use designations will meet future needs. On a more area specific basis, however, the study may not be the appropriate tool to determine the exact square footage of retail and office uses. The analysis is a useful guide, however, in that it provides an indication of need by region. Note that the report stated that other considerations such as reduced density in the far west and a movement toward infill development in the east will play an important role in determining where non-residential uses will ultimately locate. In summary, the expanded regional analysis of market demand for retail and office space in the year 2015 appears to be the most balanced approach to determining future need. This approach allows for some mobility of population but does not make an assumption that the entire population will traverse the County. In effect, examining the expanded regional market assumes that individuals will travel some distance outside of their immediate community, but not necessarily travel long distances for retail and employment on a regular basis. 86 87 SECTION VI ISSUES AND OPPORTUNITIES: REDEVELOPMENT STRATEGIES General Description Current development patterns and land uses within the entire Federal Highway Corridor present challenges and oPportunities for development and redevelopment that provide the framework for an overall approach to redevelopment strategies. The original CRA plan adopted in 1984 and the Boynton Beach 20/20 Redevelopment Plan that was finalized in 1998 both identified the Central Business District, which is planning Area III, as the primary focus of activity, although each of those plans recommended somewhat differing approaches to development or redevelopment. Existing and planned development, and current or recently completed improvements in Area III continue to emphasize the importance of this planning area as the focus of activity, with the four remaining planning areas serving to create a functional and orderly hierarchy of development that will enhance the success of the core downtown. Broadly, Areas II and IV, which are contiguous to the north and south edges of the downtown, respectively, are the gateways to downtown. These planning areas should contain mixed use residential and non- residential developments of lesser intensity than the downtown, with commercial uses that serve the surrounding neighborhoods. Areas I and V, which are the northernmost and southernmost areas, are the entrances to the City of Boynton Beach. These areas should invite residential uses at intensities that will provide additional population base to assist in sustaining the Central Business District. Land uses, development intensities and standards should emphasize this gradual transition into the core downtown. 88 To undertake this approach to development and redevelopment within the Federal Highway Corridor Community Redevelopment Area, the issues and opportunities identified through the analysis of existing conditions are evaluated to formulate general redevelopment strategies. Because Area III is the focal point within the Federal Highway Corridor, it will be addressed first, followed by consideration of Areas II and IV that flank the downtown, and then by the outer edges of the Corridor that are defined by Area I and Area V. None of the prior studies for the planning areas made any consideration for historical resources. While the City of Boynton Beach has relatively few historic structures, compared to other coastal communities in Palm Beach County, nevertheless, the ones remaining are a part of the fabric of the City. In 1993 the City conducted a survey of those structures that were possibly eligible for recognition, either at the National, State or local level. Since that study was conducted, a number of these have been either destroyed to make way for redevelopment or have been altered to the point that they no longer have any significance as historical resources. The few remaining of these structures should be allowed to remain, either as their intended uses or adaptively reused as a part of the redevelopment plans. The Downtown: Area III Both the original CRA Plan and the 20/20 Redevelopment Plan provide elements that merit consideration and implementation in one, unified approach. Both plans called for a mixed use project to be located within the downtown redevelopment area. Similarly, both plans recognized the need for such development to provide a node of activity in the downtown; the importance of a pedestrian orientation; and, the importance of adequate public parking. The 1984 CRA Plan also identified an opportunity to capture a share of the tourism market by providing for a convention style hotel. 89 The water orientation of the downtown provides a unique opportunity for pedestrian' oriented, mixed use activity that could include residential uses as well as destination office, retail and restaurants. The downtown is not only privileged to have the Intracoastal Waterway on its east as well as potential points of redevelopment and pedestrian interest, immediately to the west of the geographic limits of the Corridor. At the same time however, Federal Highway that fonns the spine of the Corridor is an arterial roadway that has. the main purpose of moving vehicular traffic north and south; not catering to pedestrian traffic moving east and west. Because of these issues and opportunities, redevelopment approaches within Area III should focus on several key elements to ensure success. Overall, these will establish a compactness and critical mass of development and population to establish the downtown as a destination area, and to ensure its success and long tenn viability. The general goal in Area III is to create a pedestrian oriented destination. These following strategies will assist in achieving this broad goal: o Establish a Cocal point. Attract a stabilizing focus of development, such as the convention style hotel recommended in the 1984 CRA Plan, to locate east of Federal Highway to take advantage of the water orientation. The analysis indicates that there is a market opportunity for this use. The hotel will provide a focal node of activity; an initial residential component to establish a population in the downtown; and, an injection of economic activity for the CRA. o Encourage mixed use development. Continue to promote and encourage the mixed use, marine oriented project to be located north of Ocean Avenue proximate to the Intracoastal Waterway. The mixed use project, similar to a hotel, will provide pedestrian activity in the downtown area and contribute toward a vibrant atmosphere. Additionally, encourage residential components in development projects to build a population base in the downtown. o Create a destination atmosphere. Permitted uses should be only those that are destination types of uses, and not those that typically rely upon the capture of drive-by traffic. Destination types of uses include, for example, personal services, specialty retail, offices, full service restaurants and residential uses. Conversely, vehicular oriented uses include, by way of example, vehicular related uses, fast food restaurants and "drive-thru" facilities. o Require urban form. Create development standards in the downtown that require intensity, bulk and building massing to establish the downtown area as a focal point. 90 Building height at heights greater than that allowed in the surrounding areas should be encouraged. o Encourage public activity in all of downtown. Provide public parking in a centralized area within the downtown. It is very important that the parking is located on the west side of Federal Highway to allow pedestrians the opportunity to explore points of interest west of the parking, as well as to cross Federal Highway to explore areas of activity on the east side proximate to the ICW. Because Federal Highway serves as a physical and psychological barrier, pedestrians that initiate their visit to downtown by parking on the east side of the highway will not cross it to explore areas of interest to the west. o Define pedestrian spaces. Require reduced building setbacks to better defme pedestrian spaces. Specifically, parking lots located between the use and the public rights of way should be discouraged or prohibited. o Create a safe pedestrian environment. Require development that fronts along Federal Highway to be designed in a manner that discourages mid-block crossings by pedestrians, and emphasizes the corners as important nodes of activity. o Establish an aesthetically pleasing identity. Create an aesthetic identity for the downtown through the development, use and rhythmic placement of public street furnishings, lighting, and other types of enrichments, as well as creation and implementation of development design criteria that address architecture, colors and signage in addition to general development standards. 91 The Gateways to Downtown: Areas II and IV These two planning areas are the front doors to the downtown core area; the gateway neighborhoods. As such, they will serve two broad functions. First, their appearance must convey their important role as gateways to downtown. Currently, however, many of the existing uses, and the appearance and placement of development features do not create the desired appearance of gateway neighborhoods. Additionally, many of the existing types of commercial uses do not promote a sense of neighborhood. Rather, they cater to drive-by traffic on Federal Highway. Second, these planning areas must provide sufficient housing opportunities to build the . critical mass of population necessary for a successful downtown area. The general goal is to create identifiable communities that provide the gateways to downtown. As a result, the following strategies to accomplish this are as follows: o Establish a sense of community. Provide for mixed use development that is predominantly residential, with non-residential components that serve the immediate community. Non-residential uses should be neighborhood serving in nature, as opposed to those uses that are heavy commercial uses, those that are automobile oriented, or those that are generally not considered to be neighborhood oriented. o . Protect community character. Establish standards to protect the character of the residential community that could be affected by the development of multiple, similar types of non-residential uses. This will encourage a diversity of nonresidential, neighborhood- serving establishments. o Require a transition to the downtown urban form. Create development standards in the gateway communities that establish a logical transition to the downtown. Building scale, massing and placement should be less intense than that of the central business district, but greater than surrounding areas. o Provide for a variety of adequate housing. Establish 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. o Require compatibility between uses. Create development standards that provide for adequate setbacks and buffering between residential and non-residential uses to protect the residential neighborhoods. o Enhance the visual appearance of the community Ensure that uses or land development regulations provide adequate safeguards to protect the visual appearance of the community. 92 The Entrances to the City: Planning Areas I and V Planning Areas I and V have the pivotal role of being the entrances to the City of Boynton Beach. As such, it is important that these two planning areas provide an aesthetically pleasing appearance; a good fIrst impression. Additionally, while Areas I and V contain commercial uses, the impression is one of residential character. The overall goal, therefore, for these two planning areas is to provide a strong residential base that is aesthetically inviting. Many of the strategies for these two areas are similar to those of adjacent planning areas, with a notable exception concerning a lesser intensity of use. The following strategies will further the overall redevelopment goal: o 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. o Protect community character. Establish standards to protect the character of the residential community that could be affected by the development of multiple, similar types of uses. This will encourage. a diversity of nonresidential, uses. Additionally, non- residential uses should be community serving in nature, as opposed to those uses that are heavy commercial uses, those that are automobile oriented, or those that are generally not considered to be neighborhood oriented. o 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. Q Require compatibility between uses. Create development standards that provide for adequate setbacks and buffering between residential and non-residential uses to protect the residential neighborhoods. Q Enhance the visual appearance of the community Ensure that uses or land development regulations provide adequate safeguards to protect the visual appearance of the community. 93 In addition to these strategies that are specific to the defined planning areas, the following strategies are recommended for the entire Federal Highway Corridor Community Redevelopment Area: o Provide consistency between existing uses and the zoning and land use map. There are instances within the planning areas where zoning is not consistent with land use, or where existing uses are not consistent with zoning requirements. Regulations should be created and implemented to provide conformity. D Emphasize major activity nodes. Nodes of activity or transitions to other neighborhoods, such as the major signalized intersections, should be emphasized through mechanisms such as building placement, orientation and architectural features. o Improve visual appearance with coordinated signage. Signs throughout the entire corridor lack aesthetic appeal and continuity of style. Regulations can address these issues. o Consider a public presence. The entire Federal Highway Corridor is devoid of any public presence. Establishing a public building such as a library, fire station or similar use could contribute to community stability by providing a landmark or focus. o Recognize historical resources. The few remaining historical structures within the planning area should be offered a measure of protection. Regulations should recognize that many of these buildings will be unlikely to meet development standards and allow their continuation, either as their intended use or adapted for new uses. 94 SECTION VII REDEVELOPMENT PROGRAMS AND PROJECTS The programs and projects listed below will implement the redevelopment strategies discussed in Section VI. These programs and projects should be implemented to eliminate or decrease the blighting influences found in the Federal Highway Corridor Redevelopment Area, as well as enhance the corridor's long term viability. Comprehensive Plan Amendments Recommendation 1: Amend the Comprehensive Plan text to create two subcategories of land use within the land use plan designation of Mixed Use, amending the current language as appropriate. The first category should be a Mixed Use-High (MU-H) and the other a Mixed Use- Low (MU-L). The MU-H would apply to the core downtown area, which is Planning Area III. The MU-L would apply to the gateway communities, which are Planning Areas II and IV. The MU-L designation would be less intense than the MU-H, with an emphasis on residential with neighborhood serving retail. Purpose: This will establish the requisite legal basis for land use plan and code amendments. Recommendation 2: Amend the Future Land Use Plan Map to redesignate the downtown, Area III, as Mixed Use-High, and to redesignate the gateway communities, Areas II and N, as Mixed Use-Low. Purpose: This will establish the desired hierarchy of land uses leading into the downtown area. 95 Recommendation 3. Amend the Future Land Use Map to remove existing confonning single family neighborhoods east of Federal Highway, proximate to the Intracoastal Waterway from the Mixed Use land use category. Purpose: This would provide some measure of assurance to the property owners that these areas will not be easily converted to mixed use developments. New Development Standards Recommendation 4: Create development standards for the MU-H district. Specifically consider eliminating restrictions on density, but maintaining control of the visual appearance of development. Creative, well planned development will be able to provide additional residential units that will contribute positively to a vibrant and successful downtown while meeting height limitations imposed by the City. According to the current provisions in the zoning code, height is restricted throughout Boynton Beach to 45 feet with a maximum Central Business District density of 40 units per acre and a conditional maximum height of 100 feet. Because of the very compact area of the downtown in combination with the desire to make the downtown a clear focal point in the community, this intensity of development is not sufficient to achieve the desired goals for downtown development and redevelopment. As a result, the City should not include a density maximum in the future MU-H, which is the recommended designation for Area III, and increase the maximum height in Area III from 100 feet to 150 feet. This will create a more prominent visual focal point and establish the desirable level of activity in the downtown area. Additionally, consider eliminating the 96 following uses that may otherwise be pennitted or conditionally permitted in the current CBD zoning category: o Auction houses o Bus terminals o Drive-thru facilities o Funeral homes o Motels (not hotels) o Outdoor storage or display o Private parking garages (allow public parking garages) o Vehicle related uses, such as: gas stations; auto parts, storage, rental, display, repair facilities; detailing or car washes Consider allowing the following that are otherwise conditionally permitted or not addressed in the current CBD zoning category: Q Allow multi-family residential uses as a pennitted rather than conditional use if the entire fIrst floor is dedicated to commercial, retail or office uses Q Specifically encourage tourist oriented uses that have a water orientation Purpose: This will encourage development and redevelopment that is pedestrian and not automobile oriented, as well provide an attractive development environment for a conference style hotel. Note: Proposed areas for the MU-H and MU-L zoning districts are shown on Map 7.1 on page 103. Recommendation 5: Create development standards for the MU-L district. Specifically, as with the MU-H district, consider eliminating restrictions on density, but maintaining control of the visual appearance of development through height limitations. Increase the maximum height in these two areas only to 75 feet and eliminate density requirements. This height is half 97 of that which is recommended for the downtown area and will provide an appropriate transition from the gateway communities to the central business area. In addition, consider eliminating the following types of vehicle oriented, non- neighborhood serving uses that may be otherwise permitted in the current gateway neighborhoods: o Adult entertainment establishments o Auction houses o Bus terminals o Lumber yards and building material stores, including sales to contractors o Rooming and boarding houses o Sale of ammunition and fIrearms o Taxicab parking o Trade or business labor pools o Outdoor storage and display o Vehicle and boat service related uses, such as:; auto parts, storage, rental, display,; detailing or vehicle washes o Wholesaling Consider allowing regulations that provide for the following as conditional uses: o Grocery or food stores sized between 15,000 square feet and 80,000 square feet o Drive-thru facilities o Gas stations and auto repair shops that meet established locational and design criteria Purpose: This will establish an. aesthetically pleasing, logical transition into the downtown area; provide for neighborhood serving uses rather than those that are transient or vehicle oriented; and, provide additional population to support the downtown. Note: Proposed areas for the MU-H and MU-Lzoning districts are shown on Map 7.1 on page 103. 98 RecommendationS: Provide for appropriate locations of houses of worship, schools and similar institutions to ensure that they have a balanced distribution throughout the community. Purpose: Such regulations will ensure a balance of these community serving land uses throughout the City. Recommendation 6: Protect residential neighborhoods. It has been generally recognized that there are some uses which, because of their very nature, are identified as having serious objectionable characteristics. Specifically, there are studies that exist that demonstrate that adult uses result in an adverse secondary effect on adjacent properties. Further, it is recognized that local governments have powers to regulate establishments that serve alcoholic beverages. As a result, the City should consider developing regulations for the placement of facilities that serve alcoholic beverages, particularly adult entertainment facilities that serve alcohol because the deleterious effect on surrounding areas that have already been declared to be in a blighted condition. Distance separations between land that is land use planned or zoned to allow residential uses and facilities that provide for the sales of alcohol should be established in the range of 750 feet to 1,500 feet, consistent with requirements in other municipalities. The ability of adult facilities that serve alcohol that do not meet the distance separation requirement should be amortized. Recommendation 7: Develop signage standards that address in detail issues such as sign height; width; style; lettering; color; placement; landscaping; and, content. Define signage, including a definition concerning advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes signage proximate to the right of way. Require new signs or substantial repairs to existing signs to comply with the regulations. Purpose: Detailed sign regulations will greatly enhance the appearance of the corridor. 99 Design Criteria Recommendation 8: Develop a design program for structures, signage and street furniture, that includes the implementation of a color palate and architectural themes in the context of the downtown and gateway communities. Purpose: The program will create a sense of identity and visual appeal for the redevelopment area. Recommendation 9: Create land development regulations for Areas II, III and IV that address building placement, parking, parking location, mixed uses, and pedestrian chanalization. Incorporate the following guidelines: o Landscape programs and standards should be developed o Parking for uses should not be located contiguous to Federal Highway o Shared parking standards should be reviewed o Standards for payment in lieu of providing parking should be developed for Area III o Buildings on Federal Highway should have the appearance of multi-story structures o Incentives should be provided for developing mixed use projects o Pedestrian unloading or drop-off areas should be considered as a requirement o Standards to identifY nodes of activity, such as signalized intersections, should be developed within the corridor o Structures should be designed to discourage mid-block crossings on Federal Highway by providing pedestrian access at the comers of intersections o Standards should be developed to allow a limited number of automobile related uses, such as gas stations and auto repairs, to locate in the planning areas with a lessened impact on the corridor while providing essential services to the residents Purpose: Development standards will create a sense of place, reduce the blighted appearance, and enhance the aesthetic appeal of the Federal Highway Corridor. Specific Projects to Implement Redevelopment Project 1 - Convention Hotel: Assemble a tltree to five acre size parcel of land in the downtown, which is Area III, and market it for a convention style hotel. The market analysis 100 contained in Section IV of this study indicates that there is a market niche in Boynton Beach for a water oriented convention type hotel recommended in the 1984 CRA plan. While acquisition of land for use as a hotel site may eliminate some of the retail uses from the tax base, the net result would be a significant increase in the tax base. The increase would result from new construction designed for better utilization of land. For example, in the year 2000, the Lake Worth water oriented hotel. which is of minimal convention size, had a taxable value of more than $2.5 million that resulted in ad valorem revenues of $69.6 thousand. Similarly, the Delray hotel property had a total taxable value of more than $19.9 million for total ad valorem revenues of almost $524.8 thousand, while the Manalapan property was valued at $64.4 million for a total of $1.22 million in ad valorem revenues. Project 2- Public Parking: Assemble property in the downtown area, which is Area III, on the west side of Federal Highway for use as surface parking. As demand increases, the property could be developed as a parking garage to serve the downtown area. The garage could contain mixed uses at grade level and on upper stories to enhance activity in the downtown. Project 3 - City Entrance Signage: Clearly mark the arrival and departure points to the City of Federal Highway by installing visible, attractive signs at the appropriate locations. Remove any existing signs that are no longer at the entrance to the city due to municipal expansion. Consider identifying the downtown and gateway communities as well. Project 4 - Establish a Public Presence: All planning areas except planning Area II have some type of public presence. Establish a highly visible public use in Area II. A library, fire station or police substation would be an ideal use in this area to provide service to the northern portion of the city. Location on the west side of Federal Highway would be preferable for fIre or police facilities to reduce noise impacts on adjacent residential uses. If a public facility is located 101 on the west side, the CRA should work with the Department of Transportation to obtain a median opening for emergency vehicles. Project 5 - Address Outdoor Storage: Outdoor storage and display presents visual blight at both the south end of the corridor and in Area II. At the south end of the corridor, where outdoor display is located largely in the unincorporated areas of Palm Beach County. The City should initiate efforts to work with Palm Beach to discontinue this practice. In the remaining areas that are within the City of Boynton Beach, the City should amortize out the outdoor storage and display within the Federal Highway Corridor. Project 6 - Provide Pedestrian erossings: At major nodes of activity such as signalized intersections, implement a program for unique materials and designs for pedestrian crossings. In addition, work with the Department of Transportation to "bulb out" the sidewalks at these intersections~ This will afford pedestrians slightly more non-vehicular area, and tends to have the effect of slowing traffic somewhat because of the visual perception of small travel lanes . 102 Federal Highway Corridor Proposed Zoning Map 7.1 . " '""", >hi J..."'" tl.b1HAVE ... dHA"-t. tfo'V U A\'E Ii II ..~..," H .... i J Legend Proposed Zoning - ~ 1.500 750 0 1,500 Feet - U11-11GH CJ ~1 - UII-UWO CJ ~1A - UII.L0W2 CJ ~1M - UII-laNl - IlD: 103 SEeTION VIII NEIGHBORHOOD IMPACTS OF REDEVELOPMENT ACTIVITIES The redevelopment area contains a number of residential units. The following section describes the potential impacts of redevelopment efforts on the residential neighborhoods of the redevelopment area and surrounding areas. While the potential impacts of the recommended programs and projects have been identified, it is possible that impacts resulting from implementation of redevelopment actions may be undetermined. As a result, the potential neighborhood impacts of site specific projects will be evaluated as each is presented for consideration by the Community Redevelopment Agency. Development regulations for the Mixed Use zoning districts are written to protect existing confonning single family residential areas; however, two established single family neighborhood exist within Planning Area II that have a Mixed Use land use designation and are zoned for single family residential development. While these neighborhoods are not considered to be non-conforming, residents of these areas have some misgivings about the possible conversion of their property, and have requested the land use designation be amended to a Low Density Residential designation. In order to assuage their fears, the City should move forward with this request. In addition to providing a measure of comfort to the property owners, it will reduce the potential number of residents needing to be evacuated in a major storm event, since all of these properties are located in the Hurricane Evacuation Zone. It will also make it more difficult for the land to be considered for a higher density land use designation in the future. 104 Traffic Circulation The redevelopment area contains an existing roadway network that services the entire area, with Federal Highway serving as the main transportation artery of the corridor. Because Federal Highway serves the surrounding neighborhoods and major redevelopment is anticipated to occur proximate to it, redevelopment activities are not anticipated to effect traffic circulation within the residential areas. The major effects of redevelopment efforts on the existing roadway system will occur through efforts to revitalize and redevelop the core downtown area; Planning Area Ill. The development and redevelopment of a compact downtown core should have a positive effect by encouraging alternate means of transportation, particularly where employment, entertainment and housing are within walking distance of each other. A recommended component of redevelopment in Area III, along with the gateway communities of Area 11 and IV, is sufficient housing to support the downtown. This will afford residents the opportunity to walk or utilize alternative modes of transportation for work, shopping or dining. Although implementation of . individual redevelopment projects may require improvements or modifications to the existing roadway network, these localized impacts will be reviewed when specific project design is undertaken. Architectural design should minimize pedestrian and vehicular conflicts, while signage programs and design guidelines will enhance the general appearance of the corridor. Community Facilities and Services Redevelopment activity within the Federal Highway corridor redevelopment area is expeCted to have a positive impact on community facilities and services. In 2005, the City's Fire/Rescue Station 4 was constructed on Federal Highway just south ofSE 18th Avenue. This is 105 the City's only fire/rescue facility east of the FEC railroad, and should have a positive effect on response times and insurance rates for properties located in the Federal Highway Corridor. The plan proposes to add a public presence in Planning Area II, where such a presence does not currently exist. In addition, the plan proposes residential development and redevelopment of areas around the core downtown that will provide a variety of housing for all individuals, and commercial development and redevelopment that will be neighborhood serving. Effect on School Population There are no existing public schools within the redevelopment area. The redevelopment area lies within two of the Palm Beach County School District's Concurrency Service Areas (CSA); 17 and 19. These service areas are used in assessing public school concurrency. Table 8.1 shows the design capacity for all schools by type compared to 2004/2005 fiscal year and projected percentage of utilization over the ensuing six years for each of the two CSAs. Table 8.1. -- School eaj>ac!!y and Enrollment, 2005-201 20 1 Projected PerceDta2e OfUtilizatioD All Facilities by FISH 200412005 200512006 200612007 200712008 200812009 200912010 201012011 School Types Capacity CSA 17 H~h 7,513 87% 90% 97% 105% 106% 109% 113% Middle 3,582 95% .96% 90% 90% 95% 98% 102% Elementary 9,127 86% 87% 88% 90% 88% 91% 92% CSA 19 High No High School Facilities in CSA Middle 3,085 76% 67% 78% 80% 87% 91% 94% Elementary 4,014 74% 74% 77% 81% 80% 81% 82% 01 1 Source: School District of Palm Beach County 2006-2010 Five Year Plan and Capital Budget, July 1,2005. One of the recommended components of this redevelopment plan includes the provision of additional housing units to strengthen the viability of the core downtown area. The additional housing units anticipated, however, will likely be apartment units located proximate to the 106 downtown. Because of the unit style and location, it is likely that. the resident population of these units will be predominantly single or two person households. As a result, the impact on the school population should be minimal. The effects of specific redevelopment projects with a residential component that creates a net increase in housing are reviewed by the School District on an individual basis as they are proposed. Relocation Impacts As a result of redevelopment activities, a relative few relocation activities are anticipated to occur. It is not the intent of this redevelopment plan for the eRA to undertake activities that would cause large scale dislocation of existing residents. Rather, it is anticipated that residential redevelopment projects undertaken by the private sector may initially result in the need for relocation on a temporary basis, but will ultimately result in additional housing units available in the redevelopment area. Environmental Ouality The redevelopment programs and projects suggested by this plan are intended to improve the overall environmental quality. The architectural guidelines, improved signage and zoning changes for will have a positive impact on surrounding residential areas. 107 SECTION IX GOALS, OBJECTIVES AND POLICIES The underlying concept behind the goals and objectives contained in the original eommunity Redevelopment Plan for the downtown core are still applicable, with minor revisions to address changing circumstances. The concept of those goals and objectives are included within this section. Additional goals, objectives and policies have been added to address the entire Federal Highway corridor. GOAL 1: The eommunity Redevelopment Agency will undertake programs and projects to establish a unique identity for the Federal Highway eorridor Redevelopment Area. Objective 1.1: eommunity planning areas shall be identifiable Policy l.IA: Develop a coordinated signage program that effectively identifies the entrances to each of the planning communities. Policy l.IB: Develop a strategy to promote these community planning areas to citizens and the general public. Policy 1.1 e: Ensure that each planning community has a public presence Policy l.ID: Utilize the waterfront orientation as a unique feature in the redevelopment of the downtown. Policy 1.1E: ereate an environment that encourages a variety of full time activity in the downtown. Objective 1.2: eommunity planning areas shall form a hierarchy that lead to the core downtown. Policy 1.2A: ereate zoning and land development regulations that allow for the greatest building height and diversity of mixed uses in the downtown. Policy t.2B: ereate zoning and land development regulations for communities adjacent to the downtown that allow for a height and mix of uses that provides a transition into the downtown Policy t.2e: Maintain existing height regulations for the two planning communities that are the entrances to the city. 108 Objective 1.3: eommunity planning areas shall include a balance of sustainable, functional land uses. Policy I.3A: Land uses within the downtown area shall be mixed uses that include residential, destination commercial, retail and restaurants as well as uses with a marine orientation. Policy 1.3B: Permitted land uses within the downtown area shall be destination uses and not those with a vehicular orientation. Policy l.3e: Land development regulations for the downtown community shall discourage single user commercial uses with front field parking. Policy I.3D: Land uses within the communities that form the gateways to downtown shall allow mixed uses that include residential and neighborhood serving retail. Policy I.3E: Within the communities that form the gateways to downtown, general commercial uses that have a vepicle orientation shall be discouraged. Policy I.3F: A range of residential styles and intensities shall be encouraged within the communities that form the gateways to downtown. Policy I.3G: A range of residential styles and intensities shall be encouraged within the communities that are the entrances to the city. Policy l.3H: Land development regulations shall address buffering and setbacks between residential uses and non-residential uses to protect the community. Policy 1.31: eontinuing use or adaptive reuse of identified historical structures shall be encouraged. GOAL 2: The eommunity Redevelopment Agency shall foster economIc growth and redevelopment within the Redevelopment Area. Objective 2.1: Provide incentives for development and redevelopment. Policy 2.1A: Land use plan designations to allow for mixed use development, as recommended by the redevelopment plan, shall be initiated by the eRA. Policy 2.1B: Land development regulations shall provide alternatives to parking requirements in the downtown area. Policy 2.1 e: The eommunity Redevelopment Agency shall pursue the construction of specified redevelopment projects within the downtown area. Its role in the projects shall be one of active 109 participation and may include, but not necessarily be limited to, property acquisition, building demolition, provision of parking facilities and infrastructure improvements. Objective 2.2: Maximize economic value of development and redevelopment Policy 2.2A: Development and redevelopment projects that provide for increased employment opportunities for residents shall be encouraged. Policy 2.2B: When possible, eRA funding for projects shall be structured to encourage investment in redevelopment and rehabilitation, in either the same project or adjacent areas. Policy 2.3e: The eommunity Redevelopment Agency shall initiate programs and projects that focus on business development and act as catalysts to leverage additional investment by private enterprise. Objective 2.3: Encourage public activity in the downtown community Policy 2.3A: The eommunity Redevelopment Agency shall develop a program to market the downtown. Policy 2.3B: The eRA shall develop a strategy to provide for regularly scheduled special events in the downtown area GOAL 3: The eommunity Redevelopment Agency will pursue activities and projects that will create an aesthetically pleasing environment. Objective 3.1: Provide for appropriate land uses in the Federal Highway eorridor. Policy 3.1A: Uses that have a vehicular orientation shall not be permitted in the downtown community; gas stations and auto repair shops shall only be permitted as conditional uses in the communities that are the gateways to the downtown provided they meet locational and design criteria. Policy 3.1B: Adult entertainment and similar thoroughfare uses, such as tattoo parlors, fortune tellers, body piercing shops, head shops and other similar uses, shall not be permitted to locate within the redevelopment area. Policy 3.1e: Land uses that incorporate outdoor storage or permanent outdoor display shall not be permitted. 110 Objective 3.2: Provide for appropriate land development regulations. Policy 3.2A: Land development regulations shall provide a coordinated signage program for the redevelopment area. Policy 3.2B: The eRA shall develop an architectural theme and color palate for the redevelopment area. Policy 3.2e: The eRA shall develop and implement a streets cape program that may include street furniture, special signage, unique crosswalk treatments and landscaping. 111 -- 'V~\"fY~?; C"" . /\ j ~ iJ] ". ' l.J::, 0,'., ! V J-~",,-~. .... ,~~ 'l"; 'v "'~,_....<v, {'ON '''/ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.2 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) 0 IS] August 15, 2006 July 31, 2006 (Noon) 0 0 September 6, 2006 August 14,2006 (Noon) 0 0 September 19,2006 September 5, 2006 (Noon) 0 Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 3, 2006 September 18.2006 (Noon) October 17, 2006 October 2, 2006 (Noon) November 8, 2006 October 16,2006 (Noon) November 21, 2006 November 6, 2006 (Noo;m). NATURE OF AGENDA ITEM o o o o o AnnouncementslPresentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o o IS] o o f'",,) City Manager's Report New Business '~,:"l Legal r,) Unfinished Business . ,'j :~?;~ . ;("J ::c RECOMMENDA TION: Please place this request on the August 15, 2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission, on August 1, 2006, approved the subject request under Public Hearing and Legal, Ordinance - First Reading, subject to restricting 400 of the 800 proposed units to lots 17,52,58, 102 and 103. For further details pertaining to the request, see attached Department Memorandum No. 06-143. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park NOPC #16 (DRIA 06-001) Eugene A. Gerlica, Quantum Group of Companies MFT Development, Inc. West side ofI-95 between Miner Road and the Boynton (C-16) Canal Request for Development of Regional Impact Amendment (DRIA), in part, to allow an increase in the maximum allowable dwelling units from I, I 05 to 1,905 units. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ ~ ~~ / L,;; Planning and ZQifing Director City Attorney / Finance S:\PlanningISHAREDlWP\PROJECTS\Quantum Park Amendment #16\Agenda Item Request Quantum Park NOPC #16 DRIA 06-001 Assistant to City Manager 8-15-06,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 06-075 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 4 ORDINANCE NO. 84-51, AS SUBSEQUENTLY 5 AMENDED, OF THE CITY OF BOYNTON BEACH BY 6 ADOPTING AN AMENDMENT TO THE QUANTUM 7 PARK DEVELOPMENT OF REGIONAL IMPACT, 8 KNO\VN AS THE QUANTUM PARK DRl 9 DEVELOPMENT ORDER, BY MODIFYING THE 10 MASTER PLAN TO INCREASE THE NUMBER OF 11 DWELLING UNITS PERMITTED UNDER THE 12 DEVELOPMENT ORDER FROM 1105 TO 1905 13 DWELLING UNITS; PROVIDING FOR A SAVINGS 14 CLAUSE, REPEALING PROVISION, AND PROVIDING 15 AN EFFECTIVE DATE. 16 17 18 WHEREAS, Quantum Park of Commerce ("Quantum Park PID") is a partially built- 19 ut Development of Regional Impact ("DRI") comprised of 553.13 acres, zoned Planned 20 ndustrial Development ("PID"), and located on the west side of Interstate 95, from Miner 21 oad extended south to the Boynton C-16 Canal; and 22 WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum 23 ark DR! Development Order, adopted by the City Commission of the eity of Boynton Beach 24 ecember 4, 1984 under Ordinance No. 84-51, and subsequently amended by Ordinance Nos. 25 6_11,86-37,88-3,94-10,94-51,96-33,96-65,97-20, 99-05, 00-02, 01-54, 02-54, 04-77, and 26 5-13 ("Development Order"); and 27 WHEREAS, the proposed Amendment, referred to as Amendment # 16 proposed 28 mending the Master Plan for Quantum Park to allow an increase in the number of dwelling 29 nits permitted under the Development Order from 1105 to 1905 dwelling units on the real 30 roperty located in Palm Beach County, Florida, as more particularly described in the attached 31 Exhibit "A": and Page 1 1 WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change 2 "NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said 3 OPC to be reviewed by the Florida Department of eommunity Affairs ("DCA"), the 4 'reasure Coast Regional Planning eouncil ("TCRPC"), and the City; and, 5 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter 6 ity Commission), the governing body of the local government having jurisdiction, pursuant 7 0 Section 380,031 and 380.06, Florida Statutes, is authorized and empowered to consider 8 9 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and 10 ection 380,06(7), Florida Statutes, have been satisfied and notice has been given to the 11 epartment of Community Affairs and the TCRPe; and 12 WHEREAS, this eity Commission has reviewed this matter on August 1, 2006, and 13 n August 15, 2006, held a duly noticed public hearing on the Application, and has heard and 14 onsidered the testimony taken thereat; and 15 WHEREAS, the Treasure eoast Regional Planning eouncil has reviewed the NOpe 16 nd pursuant to the procedures of Section 380.06, Florida Statutes has determined that the 17 roposed changes will not create additional regional impacts; and 18 WHEREAS, this eity Commission has received and considered the report and 19 ecommendations of the Planning and Development Board of the eity of Boynton Beach; and 20 WHEREAS, this City eommission has made the following FINDINGS OF FAeT 21 ND CONeLUSIONS OF LAW with regard to the MFT Development, Inc. application for 22 n amendment to the Quantum Park DRl Development Order; Page 2 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION UF 2 HE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 3 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 4 erein by this reference. 5 Section 2. That the City Commission of the City of Boynton Beach, Florida makes 6 he following findings of fact regarding the Notice of Proposed Change submitted by MFT 7 evelopment, Inc., the "Master Developer" related to the an amendment to the Quantum Park 8 evelopment of Regional Impact, previously approved by Ordinance No. 84-51, and 9 ubsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97- 10 0,99-05,00-02,01-54,02-54,04-77, and 05-013; and 11 FINDINGS OF FACT 12 13 14 15 16 17 18 19 20 21 22 23 A. 'lbe proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; c. The proposed amendment to the Development of Regional Impact (DRl) Development Order will be consistent with the adopted comprehensive plan for the City of Boynton Beach and is, or will be, consistent with the local land development regulations, subject to conditions outlined herein, and Part III, Land Development Regulations, of the eity of the Boynton Beach Code of Ordinances; and Page 3 18 19 20 21 22 23 24 25 26 27 28 1 D. The proposed development will be consistent with the proposed 2 amendment submitted to and reviewed by the Treasure Coast Regional Planning 3 Council pursuant to Section 380.06(8), Florida Statutes. 4 CONCLUSIONS OF LAW 5 It is hereby determined by the City Commission of the City of Boynton Beach, Florida, 6 a public meeting, duly constituted and assembled this 15th day of August, 2006, that the 7 otice of Proposed Change to the Quantum Park Development of Regional Impact submitted 8 Y the Master Developer is hereby ordered Approved, subject to the provisions of this 9 rdinance and the Conditions of Approval attached hereto as Exhibit "B", and incorporated 1 0 erein by reference. 11 1. That this amended DRl Development Order shaH constitute the Development Order of 12 this Commission issued in response to the Notice of Proposed Change for the 13 Quantum Park DRl filed by the Master Developer. 14 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this amended 15 DRl Development Order. 16 3. That the Development Order shall be amended to modifY the Master Plan of the 17 Quantum Park DRl Development Order, as follows: a. The Master Plan designation of the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" development shall be increased from I, I 05 to 1 ,905 dwelling units; b. Of the 800 additional units approved pursuant to this Ordinance, 400 units shall be placed on Lots 17,52, 58, 102 and 103; c. The Master Plan designation of Lots 17 and 52 as Office/Industrial and Industrial with Retail Sales (01 & IND/R) shaH be changed to Mixed Use (MU); Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 d, The Master Plan designation of Lot 58 as Office/Industrial (0/1) shall be changed to Mixed Use (MU): c. Authorize the creation of Lots 102 and 103 following the abandonment of the remaining portion of Quantum Lakes Drive, and that portion of Quantum Boulevard south of Gateway Boulevard, Once created, Lots 102 and 103 shall be designated on the Master Plan as Mixed Use (MU), f. Eliminate Note #3 on the Master Plan indicating "Total Vested Trips for the Project shall remain 63,752 ADT", and adopting FDOT accepted traffic standards; g. Eliminate Note #4 on the Master plan indicating "Building height shall not exceed 60 feet in Mixed use areas". 4. That this amended DRI Development Order shall be binding upon the Master 18 Developer and its assignees or successors in interest It is understood that any 19 reference herein to any governmental agency shall be construed to mean any future 20 instrumentality which may be created and designated as successor in interest to, or 21 which otherwise possesses any of the powers and duties of any referenced 22 governmental agency in existence on the effective date of this amended DRI 23 Development Order. 24 5. That in any event that any portion of section of this amended DRI Development Order 25 is determined to be invalid, illegal or unconstitutional by a court of competent 26 jurisdiction, such decision shall in no manner affect the remaining portions or sections 27 of this amended DRI Development Order, which shall remain in full force and effect 29 6. That the approval granted by this amended DRI Development Order is conditional. 30 Such approval shall not be construed to obviate the duty of the Master Developer to 31 comply with all other applicable local or state permitting procedures, Page 5 1 7. The amendments proposed by the Master Developer do not create any additional 2 3 impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes. 4 8. Actual development phasing will depend upon economic circumstances and Master 5 6 7 Developer's internal business growth. Any proposed development described in the Notice of Proposed Change are for planning purposes only and the actual development schedule may vary therefrom. 8 9. The amended DRl Development Order set forth in Section 1 hereof shall become 9 effective upon adoption of the ordinance amending the maximum number of dweJIing 10 units allowable within the areas designated for "Mixed Use (MU)" from 1,105 to 11 I ,905 dwelling units in the Master Plan, provided such date shaJI be extended until 12 completion of appeJIate procedures, if any, relating to the issuance of this amended 13 DRl Development Order. 14 10. Copies of this Ordinance incorporating the amended DRl Development Order 15 amending the land use designation of the subject property to Development of Regional 16 Impact shall be transmitted immediately by certified mail to the Division of 17 eommunity Planning, the Treasure Coast Regional Planning eouncil, and the Master 18 Developer. 19 11. Except as otherwise amended herein, the Development Order shall remain in full force 20 and effect. 21 Section 3. Except as provided herein, the Master Developer shall proceed in strict 22 ccordance with all ordinances of the city of Boynton Beach, including, but not limited to, its Page 6 1 uilding, electricaL plumbing, subdivision, planning and zomng codes, and all rules and 2 egulations of the State of Florida Department of Environmental Protection. 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 3 Section 4. That should any section or provision of this Ordinance, or any portion 4 ereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not 5 ffect the remainder of this Ordinance. 6 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 7 epealed, 8 Section 6. This ordinance shall become effective immediately upon its passage. 9 IRST READING this 151 day of August, 2006. ECOND READING and FINAL PASSAGE this _~ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner TTEST: 'ity Clerk :\J990\900182,BB\ORDlQuanlum DRJ Amd NOPCI6doc Page 7 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 06-143 TO: Chair and Members Planning and Deve6ment Board Michael RU~() Planning and Zoning Director Ed Breese ~ Principal Planner THROUGH: FROM: DATE: July 12, 2006 Quantum Park - DRIA 06-001/MPMD 06-003 Master Plan Amendment #16 SUBJECT: NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a nearly built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton (C- 16) Canal (See attached Exhibit "A" -Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. has been subsequently amended 14 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10,94-51,96-33,96-65,97-20,99_05,00_ 02,01-54,02-54,04-77 and 05-13. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" _ Existing Master Plan. Amendment #16 proposes amending the maximum number of dwelling units allowable on parcels designated for Mixed Use (MU) from 1,105 to 1,905 dwelling units in the Master Plan, as well as amending the existing use designations on several lots in the Master Plan. The requested changes are depicted in Exhibit "C"- Proposed Master Plan and described as follows: 1 ) Change in the Master Plan designation of Lots 17 and 52 from Officellndustrial and Industrial with Retail Sales (01 & IND/R) to Mixed Use (MU); 2) Change in the Master Plan designation of Lot 58 from Officellndustrial (011) to Mixed Use (MU); 3) Increasing the maximum number of residential units by 800, from 1,105 to 1,905; 4) Creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard. Providing a Master Plan designation of Mixed Use (MU) for both lots; 5) Elimination of Note #3 on the Master Plan indicating "Total Vested Trips for the Project shall remain 63,752 ADT", and adopting FOOT accepted traffic standards; Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 6) Elimination of Note #4 on the Master Plan indicating "Building height shall not exceed 60 feet in Mixed Use areas", since it is no longer a valid statement and not appropriate for inclusion on the Master Plan. BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City. The DCA and the TCRPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on February 15, 2005. The subject Amendment #16 proposes to amend the maximum number of dwelling units allowable within the areas designated for Mixed Use (MU) in the Master Plan as well as change in use designation on several lots. Therefore the review of the DRI amendment also constitutes a review of the change to the Master Plan for Quantum Park. In addition to State Statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Advisory Review Team (TART) reviewed the Master Plan change on June 27,2006. ANAL YSIS Notice of Proposed Chanae (NOpe) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the criteria apply to the proposed change for Quantum Park DR!. This criterion, which is applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence" . 2 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 1. Chapter 380.06(19)(b)9., An increase in the number of dwelling units by 5 percent or 50 dwelling units, whichever is greater. The proposed change entails the addition of 800 residential dwelling units to the 1,105 currently approved, for a total of 1,905 dwelling units. The proposed modification exceeds the thresholds outlined above. However, the change also eliminates industrial potential on Lots 17 and 52. Although the project exceeds the maximum dwelling units for a non-substantial change determination, the Treasure Coast Regional Planning Council, in their review of the proposed amendment and discussions with the Department of Community Affairs, has determined the proposed change could be reviewed under the guidelines of Chapter 380.06(19)(e)5.c., due to the fact that no new or additional regional impacts appear evident as a result of the proposed change. 2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. Since Amendment #16 involves changes to land use categories, including an increase to the Mixed Use (MU) category by 18.58 acres, while commensurately decreasing the Office/Industrial (0/) and Office/Industrial/Industrial with Retail sales (01 & Ind/R), the provision appears to be met. Associated with the requested use designation changes, the applicant is also requesting to remove Note #3 on the Master plan stating "Total Vested Trips for the Project shall remain 63,752 ADT'. Essentially, that note indicates that the DRI has a vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., has proposed to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). As such, the traffic consultant estimates a decrease in the number of peak hour trips as a result of this amendment. Conclusion The proposed changes delineated in Amendment #16 are determined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #1 regarding Palm Beach County Traffic Performance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DR/. There are six (6) major changes proposed. The applicant provided the following descriptive summary of these changes: 3 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 Lots 17 and 52 (7.8 Acres) These lots are currently designated as "Office/lndustrial and Industrial with Retail Sales (01 & IND/R)" Land Use. The Land Use would be revised to "Mixed Use (MU)". Lot 58 (4.93 Acres) This lot is currently designated as Officellndustrial (01) Land Use. The Land Use would be revised to Mixed Use (MU). Increasinq the maximum number of residential units bv 800. from 1.105 to 1,905 The maximum number of allowed dwelling units would be increased to 1,905 on lots designated Mixed Use (MU) on the Master Plan. Creation of Lots 102 and 103 and providinq a Master Plan desiqnation of Mixed Use (MU) for both lots The creation of Lots 102 and 103 would occur through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and be designated Mixed Use (MU). Elimination of Note #3 on the Master Plan indicatinq "Total Vested Trips for the Proiect shall remain 63,752 ADT" The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact. through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). Elimination of Note #4 on the Master Plan indicatinq "Buildinq heiqht shall not exceed 60 feet in Mixed Use areas" The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOPC #15 in 2005. The Quantum Park DRI has been amended 14 times over the years, which is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". During the review of NOPC #10 in the year 2000, staff expressed opposition to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant industrial land, especially larger tracts that could accommodate business and industry that creates jobs, generates substantial property taxes and requires fewer City services, was in short supply. At that time, the applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use to a maximum of 1,000 dwelling units in an effort to address staff's fears of the loss of industrial land. 4 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 The applicant subsequently submitted NOPC #15 in 2005 for an additional 105 dwelling units. In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as Mixed Use (MU), which did not entail any further conversion of industrial land. Now the applicant has submitted NOpe #16, which proposes to add 800 additional dwelling units, an increase in the maximum allowable from 1,105 to 1,905 units within Quantum Parle Additionally, the request includes the conversion of two (2) more vacant lots with industrial potential (Lots 17 and 52 - a total of 7.8 acres) to Mixed Use (MU) and the conversion of two (2) roadway tracts to the Mixed Use (MU) designation. This would appear to place staff in the same position it argued back in 2000, opposing any further conversion of industrial potential properties to residential purposes. The proposed change to the Master Plan was analyzed from three perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Finally, the application was reviewed against certain criteria used when analyzing rezoning requests relative to necessity. Impacts ReQional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that .. A traffic study shall be submitted with any future application requesting a change in use designations on any lot. Staff conducted a cursory review of the traffic study during the Technical Advisory Review Team (TART) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. The applicant's traffic consultant, Pinder Troutman Consulting, Inc. has, as part of this amendment process, proposed to update the DRI to conform with the accepted criteria (utilized by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). Based on the TART review of the Master Plan, including the traffic study, no additional regional impacts are evident. The consultant notes that the Master Plan adopted in 1997 established the thresholds of development or the maximum square footage for each land use, which could not be exceeded. As a result of the proposed change, Peak Hour Trips generated by these land uses depicted in the Master Plan become the benchmark for measuring traffic and the associated impacts of any change. Pinder Troutman's traffic analysis indicates that the proposed land uses contemplated in NOPC #16 would be estimated to generate 5,809 AM Peak Hour and 7,202 PM Peak Hour trips, representing a decrease of 1,138 AM Peak Hour and 856 PM Peak Hour trips when compared with the original Application for Development Approval (ADA). 5 Quantum Park - DRIA 06-001 IMPMD 06-003 Memorandum No. PZ 06-143 In a letter dated June 26, 2006, The Florida Department of Transportation stated that they have no objection to NOPC #16, only that they recommend the Traffic Signal Warrant studies for the intersections of Quantum Boulevard with both Gateway Boulevard and Congress Avenue be conducted by the applicant, in compliance with a Development Order condition of approval under Ordinance 01-54 (see Exhibit "0"). The Palm Beach County Traffic Engineering Division has conducted their initial review and has requested the applicant provide additional information, prior to formal response (see Exhibit "E"), The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has not yet received a formal written response from DCA, however TCRPC has responded that they have not identified any new or additional regional impacts resulting from the proposed amendment. Typically, the proposed addition of 800 new dwelling units to the DRI would constitute a Substantial Deviation under Section 380.06(19)(b)9 of the Florida State Statutes, a finding which would cause the development to be subject to further DRI review. Based upon their discussion with DCA, the Treasure Coast Regional Planning Council (TCRPC), having not identified any regional impacts, indicates that the City could conclude the same, under Section 380.06(19)(e)5.c. Florida Statutes, and it could make a finding that would allow the proposed change to proceed without further DRI review. The Treasure Coast Regional Planning Council (TCRPC) also notes that it has been working with the City, County, applicant and the South Florida Regional Transit Authority (SFRTA) on creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. They indicate approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site. TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRTA to make the necessary changes to the development order in the near future to accommodate the TOO. The applicant has indicated to staff that part of their intent to request an increase in the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRT A were in agreement on proceeding on a deal. However, staff is very hesitant to recommend for this change, when the 800 residential units being requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If for any reason a deal to accommodate the TOO on the Tri-Rail site is unsuccessful, the applicant will be motivated to request further amendments to lots with industrial potential in order to accommodate the then vested residential units. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. During the TART process, there were local issues identified by the members. The Traffic Division of Public Works expressed concern over the potential impacts associated with the contemplated abandonment of Quantum Lakes Drive and the reallocation of traffic to Quantum Boulevard. Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access intersections, including Gateway and Quantum Boulevard, to identify problems and introduce mitigation measures. Therefore, staff recommends a traffic study be prepared by the applicant, evaluating those impacts (see Exhibit "F" - Conditions of 6 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 Approval). Staff also notes that no formal abandonment applications have been submitted concurrent with this NOPC request. The applicant has indicated that abandonment petitions would be submitted in the future, as part of the site plan review process for adjacent lots. With the lack of a traffic study addressing Public Work's concerns over intersection impacts associated with proposed roadway abandonments, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU). The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. Drainage impacts will be reviewed in detail as part of the Technical Site Plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. Consistency and Compatibility with City Policies Certain aspects of the change proposed by the applicant present issues that appear contrary to City policies. The proposed changes are discussed below: Lots 17 and 52 (7.8 Acres): These lots are currently designated as "Office/Industrial and Industrial with Retail Sales (01 & IND/R)" Land Use. The Land Use would be revised to "Mixed Use (MU)". As noted earlier, during the review of NOPC #10, staff was opposed to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant industrial land that could accommodate business and industry, which create jobs, generates substantial property taxes and requires fewer City services, was in short supply. The applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use in an effort to address staff's fears of the loss of industrial land. The applicant subsequently submitted NOPC #15 in 2005 to add 105 more dwelling units. In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as "Mixed Use (MU)", which did not entail any further conversion of industrial land. Staff did not oppose that amendment, since no lots with industrial potential were requested to be converted to Mixed Use (MU). However, now the applicant has submitted NOPC #16, which proposes to convert 7.8 more acres with industrial potential to Mixed Use (MU). In 2005, the City contracted with a professional planning consultant, Michele Mellgren & Associates, to prepare an analysis of the M-1 (Industrial) Zoning District and make recommendation. The consultant generally recommended that the City preserve its remaining industrial zoning and more specifically recommended that the City: 1. Amend the comprehensive plan to include one or more goals, objectives or policies that would strongly discourage or prohibit the conversion or use of industrial land, to or for non-industrial uses. 2. Amend the regulations of the PID district, as appropriate, to prohibit any additional residential uses. 7 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 The City has since issued an RFP (Request For Proposals) to hire a consultant to implement the recommendations of the study and prepare appropriate code amendments. The results of the RFP's are to be presented to the Commission in August, for selection of the consultant. Policy 1.19.4 of the Comprehensive Plan states, "The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkages between complementary industries". The continued conversion of industrial potential property within Quantum Park, especially conversion to residential uses, appears to directly contradict City policy, and place greater burden on City services, almost always with loss in City tax revenue. Additionally, IPARC is partnering with the Economic Development Research Institute (EDRI) to request bids from economic development and planning professionals to prepare a study documenting the importance of having land designated for industrial use and strategies to preserve, promote and manage light-industrial development. This initiative is a result of the concerns expressed at various levels of government and business in Palm Beach County regarding the number of amendments to Comprehensive Plan Future Land Use Maps that have reclassified industrial lands for residential use. The need for industrial space is not expected to diminish. The City regularly receives inquiries from the Business Development Board, realtors and businesses looking to relocate. One example is the breath freshener business (Health-Tech Inc.), which just leased 30,000 square feet in Quantum Park, and plans to hire 40 to 50 workers. Industrial uses generally provide higher paying jobs than commercial/retail businesses, which not only benefits the City, but residents seeking employment as well. Additionally, staff acknowledged the retail potential of parcels along Gateway Boulevard and supported a previous amendment request by the applicant to allow a retail component to a principal industrial use. Staff reasoned that it needed to make a concerted effort to retain and attract industrial tenants, rather than entertain a potential request to eliminate the industrial land use for commercial or mixed use all the way along Gateway Boulevard. Since the year 2000, approximately 93 acres within Quantum Park and along South Congress Avenue have been converted from industrial land use or zoning districts to residential use or Mixed Use (MU). This has greatly reduced the ability of the City to attract spin-off businesses from Scripps, start-up businesses or companies looking to relocate. If the requested amendment is approved, the number of acres within Quantum Park with a Mixed Use (MU) land designation will be 113.44 acres out of 553.13, or 20% of the property, which exceeds any other land use designation within the parle Lot 58 (4.93 Acres): This lot is currently designated as Office/Industrial (01) Land Use. The Land Use would be revised to Mixed Use (MU). This particular lot is currently developed with an office building, which obviously precludes the industrial potential for the parcel under the present design. However, in times of demand, buildings and sites are redeveloped to reflect the need or trend at that time. The applicant is proposing the Mixed Use (MU) designation for the lot, potentially contemplating a higher and better use than that in place. 8 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 Increasina the maximum number of residential units bv 800. from 1.105 to 1.905: The applicant is proposing to increase the maximum number of allowed dwelling units to 1.905 on lots designated Mixed Use (MU) on the Master Plan. Staff reviewed the request for 800 additional residential units in the context of opposing further conversion of parcels with industrial potential to Mixed Use (MU). In conducting the review, staff researched the total combined units represented by those existing within or approved for the immediately surrounding area. The currently approved, but unconstructed residential units in Quantum Park, existing and approved for the Renaissance Commons SMU, approved for the Boynton Village SMU, and approved at High Ridge Road and Miner Road total 3,106 units. Additionally, recently approved or built commercial/office square footage in Quantum Park and the immediate area (Quantum Park Village North and South projects, Renaissance Commons and Boynton Town Center and Boynton Village) exceeds 900,000 square feet. Such approvals are less than 50% complete and therefore represent lands or space available elsewhere for the proposed uses. With this number of dwelling units coming on line, and the nearly one million square feet of commercial/office uncompleted, there does not appear to be justification for the request to "rezone" land designated for industrial and/or office uses to residential/commercial use. Staff supports the concept of creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. The Treasure Coast Regional Planning Council (TCRPC) indicates approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site. This concept makes sense for three reasons. First, the Tri-Rail site has a Govemmental & Institutional (G&I) land use designation and would not decrease industrial potential. Second, it creates a multi-modal hub and reduces potential relian'ce upon the automobile. Thirdly, it creates a great opportunity to provide workforce housing. As noted earlier, TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRT A to make the necessary changes to the development order in the near future to accommodate the TOO. The applicant has indicated to staff that part of their intent with requesting the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRT A were in agreement on proceeding on a deal. Staff is very hesitant to recommend for the change, when the 800 residential units requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If for any reason a deal to accommodate a TOO on the Tri-Rail site is unsuccessful, the applicant will be motivated to request further amendments in order to accommodate the then vested residential units. Creation of Lots 102 and 103 and orovidino a Master Plan desianation of Mixed Use (MU) for both lots: The applicant proposes creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and designate them Mixed Use (MU). As noted earlier, the Traffic Division of Public Works expressed concern over the potential impacts associated with the contemplated abandonment of Quantum Lakes Boulevard and the reallocation of traffic to Quantum Boulevard. Therefore, they recommend a traffic study be 9 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 prepared on the part of the applicant, evaluating those impacts. Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access intersections, including Gateway and Quantum Boulevard, to identify problems and introduce mitigation measures. Since no formal abandonment applications have been submitted concurrent with this NOPC request, and with the lack of a traffic study addressing Public Work's and Palm Beach County concerns over intersection impacts, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU). Staff would recommend re-evaluation of the request in a future NOPC request, once the appropriate traffic studies are concluded, mitigation measures, if any, conducted and formal abandonment applications submitted. Since the applicant indicates they intend to submit a follow-up NOPC request involving the TOO request at the Tri-Rail Station, this should not be an inconvenience on their part. Elimination of Note #3 on the Master Plan indicatinQ "Total Vested Trips for the Proiect shall remain 63,752 ADT": The applicant is proposing to update the DR! to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). Elimination of Note #4 on the Master Plan indicatinq "Buildinq heiqht shall not exceed 60 feet in Mixed Use areas": The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOPC #15 in 2005. In each case of the requests to eliminate notes from the Master Plan, staff views these proposals as housekeeping matters and does not object to their elimination. FOOT did not raise any concerns with the conversion of trip calculations to AM and PM Peak Hour and the discussion of building heights is better left to the Code of Ordinances. With that said, staff recommends approval of the request to remove Notes #3 and #4. Conclusion Staff concludes that the request to amend the land use designation on Lots 17,52 and 58 is not in the City's best interest. Throughout this report, staff has noted the desire to retain the industrial potential on the parcels. The need to be able to attract and retain light industry is important to the community and acknowledged by the consultant hired by the City Commission to study the M-1 zoning district. The consultant recommended a halt to further conversions of industrial land to residential uses. Additionally, when analyzing the request within the scope of Quantum Park as a whole, these individual, disjointed lots are less than five (5) acres each, which would appear inadequate for the development of a first rate, well-integrated mixed use project. The other mixed use projects in Quantum range from 14.2 acres to 26.5 acres. Staff is very hesitant to support an increase in the maximum number of allowable residential units in the DRI, when the 800 residential units requested to be added, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If the requested amendment included the Tri-Rail parcel, in preparation for a Transit Oriented Development (TOO), including an increase in the corresponding dwelling units, staff would have supported that component of the request. Without this component, the request for a 72% increase in the number of residential units does not appear to be justified. As such, staff recommends denial of the request for 800 additional residential units. Relative to the proposed request to establish two (2) new narrow parcels (Lots 102 and 103), from existing rights-of-way that the applicant intends to abandon, staff has expressed concerns 10 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. Pl06-143 related to the potential effects on traffic patterns. City Engineering staff, along with Palm Beach County Traffic Engineering and FOOT, recommends that the applicant, to ensure acceptable levels of service and safe operating conditions, conduct a traffic analysis, including necessary mitigation measures. Without the traffic study, staff cannot support this request. The two (2) requests to eliminate notes from the Master Plan (Note #3 and #4) are viewed by staff as a housekeeping matter, and as such, staff recommends their approval. In conclusion, staff recommends the applicant withdraw this application and bring forward a new NOPC (Notice of Proposed Change) to the DRI, under the following conditions: 1. The Tri-Rail site is made part of the application, incorporating a Mixed Use designation, with only the additional units conceptualized for the TOO included. 2. A traffic study as requested by the City, County and State is submitted, including intersection analyses and mitigation measures. 3. The submittal of a formal abandonment application should precede any request to create lots within existing right-of-way and provide a use designation. 4. The request to convert Lots 17, 52 and 58 to Mixed Use (MU) be dropped from the application, including the additional units not conceptualized for the TOO. RECOMMENDATION Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. With regards to the proposed modifications to the Quantum Park Master Plan staff recommends denial of the requested amendments due to the conflicts noted with the City's Comprehensive Plan, its inconsistency with the City's current direction to preserve and expand land availability for light industrial uses, as well as deficient traffic analyses, as noted by City staff, the County and State. S;\PLANNINGISHARED\WPlPROJECTSlQUANTUM PARK 2006\NOPC #16+ MPMDIDRIA 06-001ISTAFF REPORT #16,DOC 11 ! i -- -----<<- O! Zi 8i ~----1 ;' i --~J ; ",I .'--1 I : I ~ I i , ~R ~---~ i r I i l- ---,----, f-- , . I ~-----1 , I i I !~'~~==l I I '--I \ '--~ ! \"'-, ; A /\ I' / ! / \ LlLL ilLllllLUliJ m LJJ1LilllULITD C . ". ... no 1.1<Kl 1,520 * ,~ .~, s EXHIBIT A ~ '!l i .... ! if N.o ~ g~ w~io ~ -0 3: "z C i;lDl<3: .!.~~=< ~. CIa O'~i~ ~~~~ itcn~ ';::i~sn ~ o~ ~ .....!=J . ~ !un 'ui ~ ~ ~I Illil~ i Ii2J~ =I ,I ~ ~ ~ ~ 5 'i I , i ; , " " · i ,a liH~lIi~J II i! flii ill I i 'i ~ J II i ;~ ~ ~ ~~, I! I ~ ,i; ~ II! ~i ~ I I ; I I J! " Ii i ! I ~ I .~ ~ ~ f! I !~ f! ~ ~I ~ ~ I ~i i I ra ~ ~ EXHIBIT B EXISTING MASTER PLAN CONGRESS A \'ENUE :: . r ...._ I -. I -8 ..~ "ll l< % !:l ~ ~ '" f! ~ ~ l;::~j: ~ 8~81I1a1m~lIltl.e ~ 8U811~~~18 ~ "Q ~~~~Q o:~~~ _~ EO ! u~nSI8~lz~ i jq ~~RR!1 ~ ~ !ilii~l~ ~ ~ ~ il~ ~~ ~ ~~ i U ~ oo~ ~K' s~ el: j!1~ ~ o ~ ~ i ~ o I, J. S 'f = 'I " ,.~ 1- ~ !~ . 1-., ~ "" I I ~ "" ~ U i 1ft ; ; i ! ~ ~ ~ i:: > ~ '" ~ i !~Ii !~~~ " ~c y"'cr:: !~ia il~~ !~~~ co t o!::i I -!=' i Hln . g ~ ~ ~ ! I l!~ I ~ p~ ~ ~ ~ ~ , " , i III InUI~J q lh I i U I r 9 -I i i ~; ~ 9 P i ~ ;; I ~ i d i ! I i ~~ ~ ~ ~* ! ~ G :~ ;: ; i; g ~ ~ EXH IBIT C PROPOSED MASTER PLAN - " COHGRCIS A-": ~ . I .lb~ I -R .,~ ",g i ~ I I ~ € ~ i I ~ ~ 6~~n ~ ~c::~o z d Vl o " z ,. n '"' """il:QQQQO<>Z8 I' ~ 0 C :t: 0 R'O~ og ~ _ I: ~ 0 ~ ~ Vl ~ " '" ~ ~ I Q II ! ~ J; ~ . ~ '. W ..F I- e !! ~ ~ I ~ ~ II ~ i E 1m ~ ~ ~~~f1Q o~~~~ tOQ 0 :~ ~ ~ lB ~ ~!lJ~ al!U ~ ,. .....--~ ca!~{l ~ "'ggo 2~r-~ ~~ ~ ~~ ~~ ; ~ i u~ z~ 58 ~I ,~~ ~ {l ~ ~ lW1 ~ ~ pfS!'ta~Jot~;~~~~ u ~ 8:8t8~UUc;;~ ~ ~ ~U~I~8n~18 5 -< % C I: '" !ll JED BUSH GOVERNOR ~ Florida Department of Transportation PLANNING AND ENVIRONMENTAL MANAGEMENT _ DISTRICT 4 3400 West Commercial Blvd., Ft. Lauderdale, FL 33309-3421 Telephone (954) 777-4601 Fax (954) 777-4671 Toll Free Number: 1-866-336.8435 EXHIBIT D DENVER J. STUTLER, JR. SECRETARY June 26, 2006 ReCE~VEC JUN I. 8 7006 Mr. Michael J. Busha, AlCP Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 niliASURf COAST REGIONAL PLANNING COUNClt Dear Mr. Busha: SUBJECT: Quantum Park Development of Regional Impact (DRI) City of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPe) No. 16 As requested in your letter dated May 25, 2006, the Department bas reviewed the Quantum Park DRI NOPC No. 16. The Quantum Park DRI is located north ofthe C-16 Canal, south ofHypoluxo Road, west of Interstate 95, and east of Congress Avenue in the City of Boynton Beach_ The DRl was originally approved on December 18, 1984 as a mixed-use development. The current buildout date for the DRI is December 18, 2014. The following table summarizes the DRI's approved land uses and intensities to date: Approved Development Land Use Original DO As of 15th Amended DO (1984) (2115/2005) Industrial 4.183,750 sf 1,700,000 sf Retail 300,000 sf 469,450 sf Office 1,969,500 sf 797.900 sf Hotel 200 rooms 200 rooms Multi Family Residential NA 1,105 du Warehouse NA 22,700 sf HiJdl School NA 2,500 students Auto Dealership NA 53,072 sf Movie Theater NA 4,000 se8ts Restaurant- HiJdl Turover NA 28,400 sf Restaurant - ~ .. NA 69,250 sf Convenience Store/Gas NA 3,054 sf Ice Skatin2 Rink NA 93,430 sf www.dot.state.fl.us * RECYa.Eo PAI'ER Mr. Michael 1. Busha June 26, 2006 Page 2 In this NOPC, the applicant proposes the following changes: 1. Increase the maximum number of residential units within the Mixed Use area from the currently approved 1,105 units to 1,905 units, an increase of 800 dwelling units. 2. Re-designate lots 17,52,58, and 103 from their currently approved land uses to Mixed Use. Lots 17 and 52 are currently approved for OfficelIndustrial w/Retail Sales. Lot 58 is currently designated as OfficelIndustrial. No description was provided for Lot 103. 3. Revise Notes on the Master Site Development Plan by removing Notes 3 and 4, as shown in the previous Development Order (DO) Number 15. Note 3 addressed the Total Vested Trips for the DR!. Note 4 stated that the building height for Mixed Use areas was not to exceed 60 feet. Note 3 was reported to have incorrectly stated the Total Vested trips as 63,752 ADT. The trip threshold calculated in support of Amendment No. 15, on December 1,2005, was stated to be 65,069 ADT. 4. Abandon the remaining portions of Quantum Lakes Drive and Quantum Boulevard roadways located south of Gateway Boulevard, and convert them to Lots i 02 and 103. Change the land use designation of Lots 102 and 103 to Mixed Use. The applicant has included a trip generation comparison analysis between the original (ADA) and proposed land uses for the Quantum Park DR!. The results of a trip generation comparison indicated that the proposed development plan would generate 1,138 fewer AM peak-hour trips and 856 fewer PM peak-hour trips than the original development plan. In conclusion, we have no objection to this NOPC. However, a review of the 2005/2006 Annual Report reveals that the applicant has not submitted traffic signal warrant studies for the intersections of Quantum Boulevard with Gateway Boulevard and Congress A venue, as required by Ordinance No. 01-54. We recommend that the applicant comply with this Development Order condition. Please feel free to contact this office at (954) 777-4601 should you have any questions. Sincerely, - GS:mm/cw cc: D. Ray Eubanks - Community Program Administrator, FDCA Bob Romig - Director, Office of Policy Planning, FDOT Geny 0 'Reilly - Director of Transportation Development, FDOT John Krane - Transportation Planning Engineer, FDOT Chon Wong - Senior Transportation Specialist, FDOT S:\OPBMlSYSTEMS PLANNlN0\D4DRl\QUANlUM\NOPCI6B.DOC . Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 WWW.pbcgov.com . Palm Beach County Board of County Commissioners 1bny Masilotti, Chairman Addie L. Greene, Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Bun Aaronson County Administrator Roben Weisman 'An Eq/ullOpportunity i7I14tWe &tion Employer' @ P/'InIIId on ~"."., June 13, 2000 Mr. Michael W. Rumpf Director of Planning 8. Zoning Department of Development City of Boynton Beach P.O. Box 310 Boynton Beach, Fl 34425-0310 RE: EXHIBIT E Quantum Park - NOPC #16 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the Notification of Proposed Changes to the previously approved project entitled Quantum Park. pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: location: Municipality: Quantum Park - North of Gateway Boulevard, west of High Ridge Road Boynton Beach Approved: · Industrial · Retail · Office · Hotel latest Approval - NOPC 15: Industrial Retail Office Warehouse Hotel High School Auto Dealership Restaurant - HT Restaurant - Quality Convenience Store/Gas Multi Family Residential Fire Station Police Station Park 8. Ride Facility Latest Approval - NOPC 15: Industrial Retail Office Warehouse Hotel High School Auto Dealership Restaurant - HT Restaurant - Quality 4,183,750 SF 300,000 SF 1,969,500 SF 200 Rooms 1,700,000 SF 457,240 SF 637,900 SF 22,700 SF 200 Rooms 2500 Students 53,072 SF 28,400 SF 69,250 SF 3,054 SF 1,105 Dwellings . 5,500 SF 150 Employees I (D) II & If 0 W lI,fiil Wj JM, 6 2rOJ ~ OEPA.flT MENT OF DEVEl OPMf-Nl 1,700,000 SF 457,240 SF 637,900 SF 22,700 SF 200 Rooms 2500 Students 53,072 SF 28,400 SF 69,250 SF . Page - 2 Convenience Store/Gas Multi Family Residential Fire Station Police Station Park & Ride Facility 3,054 SF 1,905 Dwellings (800 Additional Units) 5,500 SF 150 Employees New Daily Trips: New AM PH Trips: New PM PH Trips: N/A - Trip Reduction from Original Approval 5,809 - Trip Reduction from Original Approval 7,202 - Trip Reduction from Original Approval Based on our review, the Traffic Division has the following comments: . Provide a copy of the latest version of the spreadsheet illustrating all portions of the project which have been built and in place. . Provide a comparison of Daily trip generations under the "proposed NOPC #16" and . Previously Approved" scenarios, . Provide and AM and PM peak hour analysis for the following project access intersections, identify problems and introduce mitigations: o Gateway Boulevard / High Ridge Road o Gateway Boulevard / Quantum Boulevard o Gateway Boulevard / Park Ridge Boulevard o Gateway Boulevard / Congress Avenue o Quantum Boulevard / Congress Avenue If you have any questions regarding this determination, please contact me at 684-4030, Sincerely, OFFICE OF THE COUNTY ENGINEER /no Masoud Atefi, M Project Reviewe cc: Pinder Troutman Consulting Inc. File: General- TPS - Mun - Traffic Study Review F :\TRAFFIC\ma\Admin\Comments\060537 ,doc EXHIBIT "F" Conditions of Approval Project name: Quantum Park NOPC #16 File number: DRIA 06-00l/MPMD 06-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Provide a notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. 2. eity Engineering staff agrees with the concurrency requirements of the X Palm Beach eounty Traffic Division. Furthermore, the request by the Florida Department of Transportation shares components with eounty requirements. Therefore, Staff recommends that the applicant comply with the requests of both the Palm Beach eounty Traffic Division in its letter dated June 13, 2006 to Mike Rumpf and of the Florida Department of Transportation in a letter dated June 26, 2006 to Eugene Gerlica, applicant. The applicant must identify a strategy to mitigate any identified traffic problems, and provide surety to the City for any necessary improvements at the intersections of Quantum Boulevard with Gateway Boulevard and Quantum Boulevard with eongress Avenue, prior to eity approval of NOpe #16. The applicant has chosen to not provide the information necessary to enable staff to make a qualified statement regarding disposition of NOpe #16. Therefore, the Engineering staff recommends denial of NOpe #16. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X Conditions of Approval 2 I DEP ARTMENTS !INCLUDE I REJECT I ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 3. The elimination of Quantum Lakes Drive and Quantum Boulevard, south of X Gateway Boulevard, will require formal abandonment by the City, for which applications need to be filed and approved. 4. If the City Commission supports and approves this NOPC request, staff X recommends that the approval exclude the dwelling units intended for a potential Tri-Rail/TOD project (conceptualized as 500 units) from this application and that they be combined with the subsequent NOPC request required as a pre-requisite to a TaD project on this parcel. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 6 The Planning and Development Board rejected all conditions of approval. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 7. Subject to the requirement that 400 units of the 800 requested would be X limited to lots 17, 52, 58, plus the two lots to be created by a planned abandonment, lots 102 and 103. S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\COA DRIA.doc 1 ORDINANCE NO. 06- 2 AN ORDINANCE OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AMENDING ORDINANCE NO. 84- 4 51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF 5 BOYNTON BEACH BY ADOPTING AN AMENDMENT 6 TO THE QUANTUM PARK DEVELOPMENT OF 7 REGIONAL IMPACT, KNOWN AS THE QUANTUM 8 PARK DRI DEVELOPMENT ORDER, BY MODIFYING 9 THE MASTER PLAN TO INCREASE THE NUMBER OF 10 DWELLING UNITS PERMITTED UNDER THE 11 DEVELOPMENT ORDER FROM 1105 TO 1905 12 DWELLING UNITS; PROVIDING FOR A SAVINGS 13 CLAUSE, REPEALING PROVISION, AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 17 WHEREAS, Quantum Park of COInmerce ("Quantum Park PID") is a partially built- 18 out Development of Regional Impact ("DRI") comprised of 553.13 acres, zoned Planned 19 Industrial Development ("PID"), and located on the west side of Interstate 95, from Miner 20 Road extended south to the Boynton e-16 eanal; and 21 WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum 22 Park DRI Development Order, adopted by the eity eommission of the eity of Boynton 23 Beach December 4, 1984 under Ordinance No. 84-51, and subsequently amended by 24 Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54, 25 02-54, 04-77, and 05-13 ("Development Order"); and 26 WHEREAS, the proposed Amendment, referred to as Amendment #16 proposed 27 amending the Master Plan for Quantum Park to allow an increase in the number of dwelling 28 units permitted under the Development Order from 1105 to 1905 dwelling units on the real 29 property located in Palm Beach eounty, Florida, as more particularly described in the 30 attached Exhibit "A"; and Page 1 1 WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change 2 ("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said 3 NOpe to be reviewed by the Florida Department of eommunity Affairs ("DCA"), the 4 Treasure Coast Regional Planning eouncil ("TCRPe"), and the City; and, 5 WHEREAS, the City eommission of the eity of Boynton Beach, Florida (hereinafter 6 eity eommission), the governing body of the local government having jurisdiction, pursuant 7 to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider 8 Napes; and 9 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and 10 Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the 11 Department of eommunity Affairs and the TCRPC; and 12 WHEREAS, this eity eommission has reviewed this matter on August 1, 2006, and 13 on August 15, 2006, held a duly noticed public hearing on the Application, and has heard and 14 considered the testimony taken thereat; and 15 WHEREAS, the Treasure eoast Regional Planning Council has reviewed the NOpe 16 and pursuant to the procedures of Section 380.06, Florida Statutes has determined that the 17 proposed changes will not create additional regional impacts; and 18 WHEREAS, this eity Commission has received and considered the report and 19 recommendations of the Planning and Development Board of the eity of Boynton Beach; and 20 WHEREAS, this eity Commission has made the following FINDINGS OF F AeT 21 AND eONeLUSIONS OF LAW with regard to the MFT Development, Inc. application for 22 an amendment to the Quantum Park DR! Development Order; Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. Section 2. That the eity Commission of the eity of Boynton Beach, Florida makes the following findings of fact regarding the Notice of Proposed Change submitted by MFT Development, Inc., the "Master Developer" related to the an amendment to the Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84- 51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65,97-20,99-05,00-02,01-54,02-54,04-77, and 05-013; and FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State eomprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; e. The proposed amendment to the Development of Regional Impact (DR!) Development Order will be consistent with the adopted comprehensive plan for the eity of Boynton Beach and is, or will be, consistent with the local land development regulations, subject to conditions outlined herein, and Part ill, Land Development Regulations, of the eity of the Boynton Beach eode of Ordinances; and Page 3 1 D. The proposed development will be consistent with the proposed 2 amendment submitted to and reviewed by the Treasure Coast Regional Planning 3 Council pursuant to Section 380.06(8), Florida Statutes. 4 CONCLUSIONS OF LAW 5 It is hereby determined by the City eommission of the City of Boynton Beach, 6 Florida, in a public meeting, duly constituted and assembled this 15th day of August, 2006, 7 that the Notice of Proposed ehange to the Quantum Park Development of Regional Impact 8 submitted by the Master Developer is hereby ordered Approved, subject to the provisions of 9 this Ordinance and the Conditions of Approval attached hereto as Exhibit "B", and 1 0 incorporated herein by reference. 11 1. That this amended DR! Development Order shall constitute the Development Order 12 of this Commission issued in response to the Notice of Proposed ehange for the 13 Quantum Park DR! filed by the Master Developer. 14 2. That the definitions found in ehapter 380, Florida Statutes shall apply to this 15 amended DR! Development Order. 16 3. That the Development Order shall be amended to modify the Master Plan of the 17 Quantum Park DR! Development Order, as follows: 18 19 20 21 22 23 24 25 26 27 28 a. The Master Plan designation of the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" development shall be increased from 1,105 to 1,905 dwelling units; b. The Master Plan designation of Lots 17 and 52 as Office/Industrial and Industrial with Retail Sales (01 & IND/R) shall be changed to Mixed Use (MU); c. The Master Plan designation of Lot 58 as Office/Industrial (011) shall be changed to Mixed Use (MU); Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 d. Authorize the creation of Lots 102 and 103 following the abandonment of the remaining portion of Quantum Lakes Drive, and that portion of Quantum Boulevard south of Gateway Boulevard. Once created, Lots 102 and 103 shall be designated on the Master Plan as Mixed Use (MU). e. Eliminate Note #3 on the Master Plan indicating "Total Vested Trips for the Project shall remain 63,752 ADT", and adopting FDOT accepted traffic standards; f. Eliminate Note #4 on the Master plan indicating "Building height shall not exceed 60 feet in Mixed use areas". 4. That this amended DR! Development Order shall be binding upon the Master 15 Developer and its assignees or successors in interest. It is understood that any 16 reference herein to any governmental agency shall be construed to mean any future 17 instrumentality which may be created and designated as successor in interest to, or 18 which otherwise possesses any of the powers and duties of any referenced 19 governmental agency in existence on the effective date of this amended DR! 20 Development Order. 21 5. That in any event that any portion of section of this amended DR! Development 22 Order is determined to be invalid, illegal or unconstitutional by a court of competent 23 jurisdiction, such decision shall in no manner affect the remaining portions or 24 sections of this amended DR! Development Order, which shall remain in full force 25 and effect. 26 6. That the approval granted by this amended DR! Development Order is conditional. 27 Such approval shall not be construed to obviate the duty of the Master Developer to 28 comply with all other applicable local or state permitting procedures. Page 5 1 7. The amendments proposed by the Master Developer do not create any additional 2 3 impacts and therefore do not constitute a substantial deviation under ehapter 380.06, Florida Statutes. 4 8. Actual development phasing will depend upon economic circumstances and Master 5 6 7 Developer's internal business growth. Any proposed development described in the Notice of Proposed ehange are for planning purposes only and the actual development schedule may vary therefrom. 8 9. The amended DRI Development Order set forth in Section 1 hereof shall become 9 effective upon adoption of the ordinance amending the maximum number of 10 dwelling units allowable within the areas designated for "Mixed Use (MU)" from 11 1,105 to 1,905 dwelling units in the Master Plan, provided such date shall be 12 extended until completion of appellate procedures, if any, relating to the issuance of 13 this amended DRI Development Order. 14 10. eopies of this Ordinance incorporating the amended DRI Development Order 15 amending the land use designation of the subject property to Development of 16 Regional Impact shall be transmitted immediately by certified mail to the Division of 17 Community Planning, the Treasure eoast Regional Planning eouncil, and the Master 18 Developer. 19 11. Except as otherwise amended herein, the Development Order shall remain in full 20 force and effect. 21 Section 3. Except as provided herein, the Master Developer shall proceed in strict 22 accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its Page 6 1 building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and 2 regulations of the State of Florida Department of Environmental Protection. 3 Section 4. That should any section or provision of this Ordinance, or any portion 4 thereof be declared by a eourt of competent jurisdiction to be invalid, such decision shall not 5 affect the remainder of this Ordinance. 6 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 7 repealed. 8 Section 6. This ordinance shall become effective immediately upon its passage. 9 FIRST READING this _ day of , 2006. 10 SEeOND READING and FINAL 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 31 eity elerk 32 33 34 H:\1990\900182.BB\ORD\Quantum DRJ Amd NOPC16,doc eITY OF BOYNTON BEAeH, FLORIDA Mayor Vice Mayor eommissioner eommissioner eommissioner Page 7 2006 Executive Board & Board of Directors Barbara Barlage, Rc/Max Direct Board Chair Devon Coughlan, Elk, Bankier, Christu & Bakst Chair-Elect 2007 Buck Buchanan, The Tomorrow Connection Angela Budano, Countrywide Jim Guilbeault, Culinary Solutions, Inc. Marie Neshe, JFK Medical Center Candace Smith, Bank of America Elliott Williams, Communications Resource Management, Corp, Glenn p, Jergensen, The Greater Boynton Beach Chamber of Commerce President! CEO Directors Kathlein Ambridge, Exit Realty The Destinations Group Stephanie Critchfield, Sun-Sentinel Robert D'Angelo, Compson Associates, Inc. / Renaissance Commons Lou Frazer, Holiday Inn Boynton Beach Donna Hey, Grand Bank & Trust Tony Newbold, Florida Power Co' Light Co, Rod Silverio, Keyes Company Realtors Robert B. Taylor, Jr., Bethesda Memorial Hospital Steve Waxelbaum, The Palm Beach Post I;J ~;~;~l~~~~ theGreater f1j Bo nton Beach iII:I Chamber of Commerce August I, 2006 Mayor Gerald Taylor City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 pll::) ~,-. [ i/ ~~-._-~~-~------~~-,. - Dear Mayor Taylor: We continue to value the tremendous investment of private dollars that greatly enhance our local economy and provide much needed revenues for additional public services and capital improvement projects. We are also strong supporters of the need for affordable housing in our area and throughout Palm Beach County, but we do have concerns about the continuing decrease in available light industrial and commercial properties in the Boynton Beach area. The Greater Boynton Beach Chamber of Commerce has serious concerns regarding the request of Quantum Limited Partners to approve an additional 800 housing units, increasing the number of residences from I, 105 to 1,905, at the 553 acre Quantum Park site off of Gateway Boulevard. The Chamber agrees with the reservations expressed by City staff with regard to the impact a loss of industrial space will have on Boynton Beach's long term economic development. Quantum Park is the last significant source of industrial land within the city of Boynton Beach. Sacrificing industrial space for residential units could severely impact how Boynton Beach is viewed as a viable location for businesses seeking to move to the area or seeking to expand within Boynton Beach. Based on all of the above, the Greater Boynton Beach Chamber of Commerce supports the recommendation of City staff that the makeup of Quantum Park not be changed. CC: Carl McKoy, Vice Mayor Bob Ensler, City Commissioner Mike Ferguson, City Commissioner Mack McCray, City Commission~ Kurt Bressner, City Manager V Barbara Barlage, Board Chair Chamber Membershiv is a Necessity of Doing Business I 639 E. Ocean Ave.. Suite] 08. Boynton Beach, FL 33435 Phone: 56 I -732-950 1 Fax:561- 734-4304 Website: wwwBoyntonBeach,org. Email: Chamber@BoyntonBeach,org CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.2,a. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August I, 2006 July 17, 2006 (Noon,) D r2J August 15,2006 July 31,2006 (Noon) D D September 6, 2006 August 14,2006 (Noon) D D September 19,2006 September 5, 2006 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 3,2006 September 18, 2006 (Noon) October 17,2006 October 2,2006 (Noon) November 8, 2006 October 16, 2006 (Noon} , --j November 21, 2006 ."~_...,,, November 6, 2006 (N@ r-'v NATURE OF AGENDA ITEM D Announcements/Presentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business r2J Legal D UnfInished Business D . ~".--" ":-l~~: l.'.... " ~-,:~~ 'm C),> l'r;o I. .~~""; RECOMMENDA TlON: Please place this request on the August IS, 2006 City Commission Agenda under Legal, Ordinance - Second Reading to be combined with the corresponding DRIA item. The City Commission, on August 1,2006, continued the item to the next meeting to time this review with second reading of the ordinance for the corresponding NOPC item. For further details pertaining to the request, see attached Department Memorandum No. 06-143. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park NOPC #16 (MPMD 06-003) Eugene A. Gerlica, Quantum Group of Companies MFT Development, Inc. West side ofI-95 between Miner Road and the Boynton (C-16) Canal Request for Master Plan ModifIcation approval, in part, to allow an increase in the maximum number of dwelling units allowable from I, I 05 to 1,905 units and change in designation oflots 17, 52, 58, 102 and 103 to Mixed Use (MU). PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ik~ City Manager's Signature Develo ~ ,,\ { ?v,[ ./_ /. ~ Planning and Zo~g irector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #J 6\Agenda Item Request Quantum Park NOPC #16 MPMD 06-003 8-l5-06,dot Assistant to City Manager S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 06-143 TO: Chair and Members Planning and Deve~ment Board ~1(,lV Michael Rumpfl~ Planning and Zoning Director Ed Breese ~ Principal Planner THROUGH: FROM: DATE: July 12, 2006 Quantum Park - DRIA 06-001/MPMD 06-003 Master Plan Amendment #16 SUBJECT: NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a nearly built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton (C- 16) Canal (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. has been subsequently amended 14 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65. 97-20, 99-05, 00- 02,01-54.02-54,04-77 and 05-13. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #16 proposes amending the maximum number of dwelling units allowable on parcels designated for Mixed Use (MU) from 1,105 to 1,905 dwelling units in the Master Plan, as well as amending the existing use designations on several lots in the Master Plan. The requested changes are depicted in Exhibit "C"- Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lots 17 and 52 from Office/Industrial and Industrial with Retail Sales (01 & IND/R) to Mixed Use (MU); 2) Change in the Master Plan designation of Lot 58 from Office/Industrial (0/1) to Mixed Use (MU); 3) Increasing the maximum number of residential units by 800, from 1,105 to 1,905; 4) Creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard. Providing a Master Plan designation of Mixed Use (MU) for both lots; 5) Elimination of Note #3 on the Master Plan indicating "Total Vested Trips for the Project shall remain 63,752 ADr, and adopting FDOT accepted traffic standards; Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 6} Elimination of Note #4 on the Master Plan indicating "Building height shan not exceed 60 feet in Mixed Use areas", since it is no longer a valid statement and not appropriate for inclusion on the Master Plan. BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City. The DCA and the TCRPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DR" Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOpe. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on February 15, 2005. The subject Amendment #16 proposes to amend the maximum number of dwelling units allowable within the areas designated for Mixed Use (MU) in the Master Plan as well as change in use designation on several lots. Therefore the review of the DRI amendment also constitutes a review of the change to the Master Plan for Quantum Park. In addition to State Statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan ApprovaL First review comments were generated and the Technical Advisory Review Team (TART) reviewed the Master Plan change,on June 27,2006. ANAL YSIS Notice of Proposed Chanae (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the criteria apply to the proposed change for Quantum Park DR!. This criterion, which is applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence" . 2 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 1. Chapter 380.06(19)(b)9., An increase in the number of dwelling units by 5 percent or 50 dwelling units, whichever is greater. The proposed change entails the addition of 800 residential dwelling units to the1, 1 05 currently approved, for a total of 1,905 dwelling units. The proposed modification exceeds the thresholds outlined above. However, the change also eliminates industrial potential on Lots 17 and 52. Although the project exceeds the maximum dwelling units for a non-substantial change determination, the Treasure Coast Regional Planning Council, in their review of the proposed amendment and discussions with the Department of Community Affairs, has determined the proposed change could be reviewed under the guidelines of Chapter 380.06(19)(e)5.c., due to the fact that no new or additional regional impacts appear evident as a result of the proposed change. 2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. Since Amendment #16 involves changes to land use categories, including an increase to the Mixed Use (MU) category by 18.58 acres, while commensurately decreasing the Office/Industrial (01) and Officellndustrialllndustrial with Retail sales (01 & Ind/R), the provision appears to be met. Associated with the requested use designation changes, the applicant is also requesting to remove Note #3 on the Master plan stating "Total Vested Trips for the Project shall remain 63,752 ADT". Essentially, that note indicates that the DRI has a vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., has proposed to update the DRI to today's accepted criteria (by FOOT and the County alike) for detennining traffic impact, the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). As such, the traffic consultant estimates a decrease in the number of peak hour trips as a result of this amendment. Conclusion The proposed changes delineated in Amendment #16 are determined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #1 regarding Palm Beach County Traffic Perfonnance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DRI. There are six (6) major changes proposed. The applicant provided the following deScriptive summary of these changes: 3 Quantum Park - DRIA 06-o01/MPMD 06-003 Memorandum No. PZ 06-143 Lots 17 and 52 (7.8 Acres) These lots are currently designated as "Office/Industrial and Industrial with Retail Sales (01 & IND/R)" Land Use. The Land Use would be revised to "Mixed Use (MU)". Lot 58 (4.93 Acres} This lot is currently designated as Office/Industrial (01) Land Use. The Land Use would be revised to Mixed Use (MU). Increasina the maximum number of residential units bv 800. from 1.105 to 1.905 The maximum number of allowed dwelling units would be increased to 1,905 on lots designated Mixed Use (MU) on the Master Plan. Creation of Lots 102 and 103 and orovidina a Master Plan desianation of Mixed Use eMU} for both lots The creation of Lots 102 and 103 would occur through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and be designated Mixed Use (MU). Elimination of Note #3 on the Master Plan indicatina "Total Vested Trios for the Proiect shall remain 63.752 ADT" The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). Elimination of Note #4 on the Master Plan indicatina "Buildina heiaht shall not exceed 60 feet in Mixed Use areas" The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOpe #15 in 2005. The Quantum Park DRI has been amended 14 times over the years, which is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". During the review of NOPC #10 in the year 2000, staff expressed opposition to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant industrial land, especially larger tracts that could accommodate business and industry that creates jobs, generates substantial property taxes and requires fewer City services, was in short supply. At that time, the applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use to a maximum of 1,000 dwelling units in an effort to address staff's fears of the loss of industrial land. 4 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 The applicant subsequently submitted NOPC #15 in 2005 for an additlonal105 dwelling units. In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as Mixed Use (MU), which did not entail any further conversion of industriaf land. Now the applicant has submitted NOpe #16, which proposes to add 800 additional dwelling units, an increase in the maximum allowable from 1,105 to 1,905 units within Quantum Park. Additionally, the request includes the conversion of two (2) more vacant lots with industrial potential (Lots 17 and 52 - a total of 7.8 acres) to Mixed Use (MU) and the conversion of two (2) roadway tracts to the Mixed Use (MU) designation. This would appear to place staff in the same position it argued back in 2000, opposing any further conversion of industrial potential properties to residential purposes. The proposed change to the Master Plan was analyzed from three perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Finally, the application was reviewed against certain criteria used when analyzing rezoning requests relative to necessity. Impacts Reaional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application requesting a change in use designations on any lot. Staff conducted a cursory review of the traffic study during the Technical Advisory Review Team (TART) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. The applicant's traffic consultant, Pinder Troutman Consulting, Inc. has, as part of this amendment process, proposed to update the DRI to conform with the accepted criteria (utilized by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). Based on the TART review of the Master Plan, including the traffic study, no additional regional impacts are evident. The consultant notes that the Master Plan adopted in 1997 established the thresholds of development or the maximum square footage for each land use, which could not be exceeded. As a result of the proposed change, Peak Hour Trips generated by these land uses depicted in the Master Plan become the benchmark for measuring traffic and the associated impacts of any change. Pinder Troutman's traffic analysis indicates that the proposed land uses contemplated in NOPC #16 would be estimated to generate 5,809 AM Peak Hour and 7,202 PM Peak Hour trips, representing a decrease of 1,138 AM Peak Hour and 856 PM Peak Hour trips when compared with the original Application for Development Approval (ADA). 5 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 In a letter dated June 26, 2006, The Florida Department of Transportation stated that they have no objection to NOPC #16, only that they recommend the Traffic Signal Warrant studies for the intersections of Quantum Boulevard with both Gateway Boulevard and Congress Avenue be conducted by the applicant, in compliance with a Development Order condition of approval under Ordinance 01-54 (see Exhibit "0"). The Palm Beach County Traffic Engineering Division has conducted their initial review and has requested the applicant provide additional information, prior to formal response (see Exhibit liE"). The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has not yet received a formal written response from DCA, however TCRPC has responded that they have not identified any new or additional regional impacts resulting from the proposed amendment. Typically, the proposed addition of 800 new dwelling units to the DRI would constitute a Substantial Deviation under Section 380.06(19)(b)9 of the Florida State Statutes, a finding which would cause the development to be subject to further DRI review. Based upon their discussion with DCA, the Treasure Coast Regional Planning Council (TCRPC), having not identified any regional impacts, indicates that the City could conclude the same, under Section 380.06(19)(e)5.c. Florida Statutes, and it could make a finding that would allow the proposed change to proceed without further DRI review. The Treasure Coast Regional Planning Council (TCRPC) also notes that it has been working with the City, County, applicant and the South Florida Regional Transit Authority (SFRTA) on creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. They indicate approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site. TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRT A to make the necessary changes to the development order in the near future to accommodate the TOO. The applicant has indicated to staff that part of their intent to request an increase in the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRTA were in agreement on proceeding on a deal. However, staff is very hesitant to recommend for this change, when the 800 residential units being requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If for any reason a deal to accommodate the TOO on the Tri-Rail site is unsuccessful, the applicant will be motivated to request further amendments to lots with industrial potential in order to accommodate the then vested residential units. local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the Jurisdiction of the City. As such, the City's main focus is local issues and impacts. During the TART process, there were local issues identified by the members. The Traffic DMsion of Public Works expressed concern over the potential impacts associated with the contemplated abandonment of Quantum lakes Drive and the reallocation of traffic to Quantum Boulevard. Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access intersections, including Gateway and Quantum Boulevard, to identify problems and introduce mitigation measures. Therefore, staff recommends a traffic study be prepared by the applicant, evaluating those impacts (see Exhibit "F" _ Conditions of 6 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 Approval). Staff also notes that no formal abandonment applications have been submitted concurrent with this NOPC request. The applicant has indicated that abandonment petitions would be submitted in the future, as part of the site plan review process for adjacent lots. With the lack of a traffic study addressing Public Work's concerns over intersection impacts associated with proposed roadway abandonments, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU). The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. Drainage impacts will be reviewed in detail as part of the Technical Site Plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. Consistency and Compatibility with City PoliCIes Certain aspects of the change proposed by the applicant present issues that appear contrary to City policies. The proposed changes are discussed below: Lots 17 and 52 (7.8 Acres): These lots are currently designated as "Office/Industrial and Industrial with Retail Sales (01 & IND/R)" Land Use. The Land Use would be revised to "Mixed Use (MUY'. As noted earlier, during the review of NOPC #10, staff was opposed to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant industrial land that could accommodate business and industry, which create jobs, generates substantial property taxes and requires fewer City services, was in short supply. The applicant indicated that they understood the concerns of the City and that they would limit the amount of residential use in an effort to address staff's fears of the loss of industrial land. The applicant subsequently subm~tted NOPC #15 in 2005 to add 105 more dwelling units. In that particular case, the applicant proposed to commit those 105 dwelling units to parcels already designated as "Mixed Use (MU)", which did not entail any further conversion of industrial land. Staff did not oppose that amendment, since no lots with industrial potential were requested to be converted to Mixed Use (MU). However, now the applicant has submitted NOPC #16, which proposes to convert 7.8 more acres with industrial potential to Mixed Use (MU). In 2005, the City contracted with a professional planning consultant, Michele Mellgren & Associates, to prepare an analysis of the M-1 (Industrial) Zoning District and make recommendation. The consultant generally recommended that the City preserve its remaining industrial zoning and more specifically recommended that the City: 1. Amend the comprehensive plan to include one or more goals, objectives or policies that would strongly discourage or prohibit the conversion or use of industrial land, to or for non-industrial uses. 2. Amend the regulations of the PID district, as appropriate, to prohibit any additional residential uses. 7 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 The City has since issued an RFP (Request For Proposals) to hire a consultant to implement the recommendations of the study and prepare appropriate code amendments. The results of the RFP's are to be presented to the Commission in August, for selection of the consultant Policy 1.19.4 of the Comprehensive Plan states, "The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkages between complementary industries". The continued conversion of industrial potential property within Quantum Park, especially conversion to residential uses, appears to directly contradict City policy, and place greater burden on City services, almost always with loss in City tax revenue. Additionally, IPARC is partnering with the Economic Development Research Institute (EDRI) to request bids from economic development and planning professionals to prepare a study documenting the importance of having land designated for industrial use and strategies to preserve, promote and manage light-industrial development. This initiative is a result of the concerns expressed at various levels of govemment and business in Palm Beach County regarding the number of amendments to Comprehensive Plan Future land Use Maps that have reclassified industrial lands for residential use. The need for industrial space is not expected to diminish. The City regularly receives inquiries from the Business Development Board, realtors and businesses looking to relocate. One example is the breath freshener business (Health-Tech Inc.), which just leased 30,000 square feet in Quantum Park, and plans to hire 40 to 50 workers. Industrial uses generarty provide higher paying jobs than commercial/retail businesses, which not only benefits the City, but residents seeking employment as well. Additionally, staff acknowledged the retail potential of parcels along Gateway Boulevard and supported a previous amendment request by the applicant to allow a retail component to a principal industrial use. Staff reasoned that it needed to make a concerted effort to retain and attract industrial tenants, rather than entertain a potential request to eliminate the industrial land use for commercial or mixed use all the way along Gateway Boulevard. Since the year 2000, approximately 93 acres within Quantum Park and along South Congress Avenue have been converted from industrial land use or zoning districts to residential use or Mixed Use (MU). This has greatly reduced the ability of the City to attract spin-off businesses from Scripps, start-up businesses or companies looking to relocate. If the requested amendment is approved, the number of acres within Quantum Park with a Mixed Use (MU) land designation will be 113.44 acres out of 553.13, or 20% of the property, which exceeds any other land use designation within the park. lot 58 (4.93 Acres): This lot is currently designated as Officellndustrial (01) land Use. The land Use would be revised to Mixed Use (MU). This particular lot is currently developed with an office building, which obviously precludes the industrial potential for the parcel under the present design. However, in times of demand, buildings and sites are redeveloped to reflect the need or trend at that time. The applicant is proposing the Mixed Use (MU) designation for the lot, potentially contemplating a higher and better use than that in place. 8 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 Increasino the maximum number of residential units bv 800. from 1.105 to 1.905: The applicant is proposing to increase the maximum number of allowed dwelling units to 1,905 on lots designated Mixed Use (MU) on the Master Plan. Staff reviewed the request for 800 additional residential units in the context of opposing further conversion of parcels with industrial potential to Mixed Use (MU). In conducting the review, staff researched the total combined units represented by those existing within or approved for the immediately surrounding area. The currently approved, but un constructed residential units in Quantum Park, existing and approved for the Renaissance Commons SMU, approved for the Boynton Village SMU, and approved at High Ridge Road and Miner Road total 3,106 units. Additionally, recently approved or built commercial/office square footage in Quantum Park and the immediate area (Quantum Park Village North and South projects, Renaissance Commons and Boynton Town Center and Boynton Village) exceeds 900,000 square feet. Such approvals are less than 50% complete and therefore represent lands or space available elsewhere for the proposed uses. With this number of dwelling units coming on line, and the nearly one million square feet of commercial/office uncompleted, there does not appear to be justification for the request to "rezone" land designated for industrial and/or office uses to residential/commercial use. Staff supports the concept of creating a Transit Oriented Development (TOO) opportunity with an appropriate mix of uses at the Tri-Rail station site. The Treasure Coast Regional Planning Council (TCRPC) indicates approximately 500 residential units and a mix of nonresidential uses would be required for a successful TOO on the Tri-Rail site. This concept makes sense for three reasons. First, the Tri-Rail site has a Governmental & Institutional (G&I) land use designation and would not decrease industrial potential. Second, it creates a multi-modal hub and reduces potential reliance upon the automobile. Thirdly, it creates a great opportunity to provide workforce housing. As noted earlier, TCRPC encourages the City to receive some assurances from the applicant that they will support and authorize the City and SFRT A to make the necessary changes to the development order in the near future to accommodate the TOO. The applicant has indicated to staff that part of their intent with requesting the number of residential units in this NOPC was to lay the groundwork for a future amendment, when they and the SFRT A were in agreement on proceeding on a deal. Staff is very hesitant to recommend for the change, when the 800 residential units requested to be added to the DRI, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If for any reason a deal to accommodate a TOO on the Tri-Rail site is unsuccessful, the applicant will be motivated to request further amendments in order to accommodate the then vested residential units. Creation of Lots 102 and 103 and orovidina a Master Plan desionation of Mixed Use eMU) for both lots: The applicant proposes creation of Lots 102 and 103 through the abandonment of the remaining portion of Quantum Lakes Drive and that portion of Quantum Boulevard south of Gateway Boulevard and designate them Mixed Use (MU). As noted earlier, the Traffic Division of Public Works expressed concern over the potential impacts associated with the contemplated abandonment of Quantum Lakes Boulevard and the reallocation of traffic to Quantum Boulevard. Therefore, they recommend a traffic study be 9 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 prepared on the part of the applicant, evaluating those impacts. Additionally, Palm Beach County Traffic Division has requested the applicant provide an AM and PM peak hour analysis for various project access intersections, including Gateway and Quantum Boulevard, to identify problems and introduce mitigation measures. Since no formal abandonment applications have been submitted concurrent with this NOPC request, and with the lack of a traffic study addressing Public Work's and Palm Beach County concerns over intersection impacts, staff recommends denial of the request to create new lots 102 and 103 from the abandoned roadway tracts and designate them Mixed Use (MU). Staff would recommend re-evaluation of the request in a future NOPC request, once the appropriate traffic studies are concluded, mitigation measures, if any, conducted and formal abandonment applications submitted. Since the applicant indicates they intend to submit a follow-up NOPC request involving the TOO request at the Tri-Rail Station, this should not be an inconvenience on their part. Elimination of Note #3 on the Master Plan indicatino "Total Vested Trios for the Proiect shall remain 63.752 ADr: The applicant is proposing to update the DRI to today's accepted criteria (by FOOT and the County alike) for determining traffic impact, through the use of Peak Hour (AM and PM) trip calculations instead of Average Daily Trips (ADT). Elimination of Note #4 on the Master Plan indicatina "Buildina heiaht shall not exceed 60 feet in Mixed Use areas": The applicant has suggested removal of this note since it is no longer a correct statement with the increase in height to 75 feet on the Mixed Use (MU) designated lots and because staff indicated that height was not a Master Plan component in their review of NOPC #15 in 2005. In each case of the requests to eliminate notes from the Master Plan, staff views these proposals as housekeeping matters and does not object to their elimination. FOOT did not raise any concerns with the conversion of trip calculations to AM and PM Peak Hour and the discussion of building heights is better left to the Code of Ordinances. With that said, staff recommends approval of the request to remove Notes #3 and #4. Conclusion Staff concludes that the request to amend the land use designation on Lots 17,52 and 58 is not in the City's best interest. Throughout this report, staff has noted the desire to retain the industrial potential on the parcels. The need to be able to attract and retain light industry is important to the community and acknowledged by the consultant hired by the City Commission to study the M-1 zoning district. The consultant recommended a halt to further conversions of industrial land to residential uses. Additionally, when analyzing the request within the scope of Quantum Park as a whole, these individual, disjointed lots are less than five (5) acres each, which would appear inadequate for the development of a first rate, well-integrated mixed use project. The other mixed use projects in Quantum range from 14.2 acres to 26.5 acres. Staff is very hesitant to support an increase in the maximum number of allowable residential units in the DRI, when the 800 residential units requested to be added, cannot currently be accommodated on the lots with Mixed Use (MU) designation. If the requested amendment included the Tri-Rail parcel, in preparation for a Transit Oriented Development (TOO), including an increase in the corresponding dwelling units, staff would have supported that component of the request. Without this component, the request for a 72% increase in the number of residential units does not appear to be justified. As such, staff recommends denial of the request for 800 additional residential units. Relative to the proposed request to establish two (2) new narrow parcels (Lots 102 and 103), from existing rights-of-way that the applicant intends to abandon, staff has expressed concerns 10 Quantum Park - DRIA 06-001/MPMD 06-003 Memorandum No. PZ 06-143 related to the potential effects on traffic patterns. City Engineering staff, along with Palm Beach County Traffic Engineering and FOOT, recommends that the applicant, to ensure acceptable levels of service and safe operating conditions, conduct a traffic analysis, including necessary mitigation measures. Without the traffic study, staff cannot support this request. The two (2) requests to eliminate notes from the Master Plan (Note #3 and #4) are viewed by staff as a housekeeping matter, and as such, staff recommends their approval. In conclusion, staff recommends the applicant withdraw this application and bring forward a new NOPC (Notice of Proposed Change) to the DRI, under the following conditions: 1. The Tri-Rail site is made part of the application, incorporating a Mixed Use designation, with only the additional units conceptualized for the TOO included. 2. A traffic study as requested by the City, County and State is submitted, including intersection analyses and mitigation measures. 3. The submittal of a formal abandonment application should precede any request to create lots within existing right-of-way and provide a use designation. 4. The request to convert Lots 17, 52 and 58 to Mixed Use (MU) be dropped from the application, including the additional units not conceptualized for the TOO. RECOMMENDATION Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. With regards to the proposed modifications to the Quantum Park Master Plan staff recommends denial of the requested amendments due to the conflicts noted with the City's Comprehensive Plan, its inconsistency with the City's current direction to preserve and expand land availability for light industrial uses, as well as deficient traffic analyses, as noted by City staff, the County and State. S:IPLANNINGISHAREOIWPIPROJECTS\QUANTUM PARK 2006\NOPC #16+ MPMDIDRIA 06-001\STAFF REPORT #16,DQC 11 '\ j L ~,---) / - '1 , , ) . i [-I Ii, ( II ',*=--1ii1 : f .... i I '\ i(1' wi --.10 -11 ~I i /11 I , i I \ \ \ "\ \ \ \ , . ; l-~ , \ I 'L- ' I \ i I ; I, ! , I ' II \ \ ,/"j \ \.../// \ \ \ '-'" "'" .'........---. , , ! i j I I / r _____-1 , ----- I i ! , , I I ! ! l----------,-----------~" ----t- -'--1' JL' I \ I I I I I ~ -I" \ \ /~ /\ ,/ . / ( "'.,.--.. / I I Ii i! , I ! L___n__ [ ,. ~ ~ ~ ", I j_-~~--j-----.----: t~ L_.__~-~---~__=/..~ I r_ -r----T -r , , ,h-----__~_~ I Ii, t--- ..t.._--L_ , I -__... I I --------1- <::"'" i ] ~---- ~ ~...j ! ' h--- r i ! i f-, I f 'i--- I , i ! i i i ,i ; i iW'!1 . i i I' , " I (.:) I I -J=7 I : I I I II -,--1 o 110 JIG 7W '~..' s ' ",- EXHIBIT A ~ l ~ -0 s- t NO i~~~ -::dJ: ~ri ~. ~e d~~ !!tl!!~ ~.. ;;p ,," ~ O~ I -9 N tJ ... !l11~ '&&& ~ ~ ~ '11i ~ JII~ ~ i .. ~ PI ql I i ; · · . · . · i II ~ tiH~III,J ~ : i: Iii 'i U I ~' I. ~ J II i ;; ~ ~ I 8 I! Iii ,I; if 11;11 ~ ~ i i ~ I ~: ~ ~ I! @ !~ ! ~ ~I ~ ~ I ~~ ~ ! ~ EXHIBIT B EXISTING MASTER PLAN Cc CONGRESS AI-tNUE . ~ . ~ " ~ "II '" % !ll ~ ~ ~ ~ . ; . ~ ~' e '" ~ l? " S "J:ggg O<lli'lHl coQ ~C%n PlC50~ -~ '" ~ l= p~I""'I"'e",jA;r:iO~~jA ~ 8108 II~S!!lIli$C;;1: ~ UIIIIUIII I !IU!IIUI' ~ ~ ~~115 ,J ~ ~il ~t l ~~ L !!i eo :II' %1 ~I ~ ~ ~ o ~ ~ i En S E !; I;!! ~- s !~; I I , ~I E ; ; ~i ... - ~'t.- a ~ ~ i ~II ~ I~ Ili~ iiJ~ ~~~ i !~ i Bin . r Ii Ii ~ !I !!~ I ~ I II J ~i ; , " .. · i III fPIII~.! i! Iii I i II I i I J II i It I 8 II i i,l: t I ,qJ ! I ,r i: I! ~ ii ! ~ I ~I ! ~ EXHIBIT C PROPOSED MASTER PLAN CClIlGIQI A~ . :;. i ! . I ,"g :;. a . I i i -t ~"'t'o "''''i&:QQQQO''Zs:l i ~ r:;~};2 n CR'''n. ~o~ :l VI '6 I'" ~ i R ~ ~ LLLYi ~ !:S ~tl"~"""E~~l=!!lf .. ~ 8nt8C1"'~lKlir.l:l 8 8 UIIAllnll~ ~ "&:QQQ 0"zz8 COQ aczn .oos::: _~ EO : g~~UU!n I ~ lil~il5 fi~1:~ ~ J I 1:~ i ui i~~ %~ I '~2 1: ~ J; I !It :! B !!i ~ .... ; Ii ....\ L- JEB BUSH GOVERNOR ~ Florida Department of Transportation PLANNING AND ENVIRONMENTAL MANAGEMENT. DISTRICT 4 3400 West Commercial Blvd., Fl. lauderdale, Fl 33309.3421 Telephone (954) 777-4601 Fax (954) 777-4671 Toll Free Number: 1-866.336-8435 June 26, 2006 Mr. Michael I. Busha, AICP Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 Dear Mr. Busha: SUBJECT: Quantum Park Development of Regional Impact (DRI) City of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC) No. 16 EXHIBIT 0 DENVER J. STUTLER, JR. SECRETARY RECEfVEC JUN 'l R 7006 TRIiASURf: COASI REGIONAL PLANNING COUNCil As requested in your letter dated May 25, 2006, the Department has reviewed the Quantum Park DRI NOpe No. 16. The Quantum Park DR! is located north of the C-16 Canal, south ofHypoluxo Road, west of Interstate 95, and east of Congress Avenue in the City of Boynton Beach. The DR! was originally approved on December 18, 1984 as a mixed-use development The current buildout date for the DRI is December 18, 2014. The following table summarizes the DRI's approved land uses and intensities to date: Approved Development Land Use Original DO As of15th Amended DO {I 984) (2115/2005) Industrial 4,183,750 sf 1,700,000 sf Retail 300,000 sf 469 450 sf Office 1,969,500 sf 797 900 sf Hotel 200 rooms 200 rooms Multi Family Residential NA 1,105 du Warehouse NA 22,700 sf IIiIm School NA 2,500 students Auto Dealership NA 53.072 sf Movie Theater NA 4,000 se8ts Restaurant- Hhth Turover NA 28.400 sf Restaurant - . NA 69.250 sf Convenience StoreIOas NA 3.054 sf Ice Skatin2 Rink NA 93,430 sf www.dot.state.fl.us f) RECYO.EO PAPER Mr. Michael J. Busha June 26, 2006 Page 2 In this NOpe, the applicant proposes the following changes: 1. Increase the maximum number of residential units within the Mixed Use area from the currently approved 1, I 05 units to 1,905 units, an increase of 800 dwelling units. 2. Re-designate lots 17,52,58, and 103 from their currently approved land uses to Mixed Use. Lots 17 and 52 are currently approved for OfficelIndustrial w/Retail Sales. Lot 58 is currently designated as Office/Industrial. No description was provided for Lot 103. 3. Revise Notes on the Master Site Development Plan by removing Notes 3 and 4, as shown in the previous Development Order (DO) Number 15. Note 3 addressed the Total Vested Trips for the DR!. Note 4 stated that the building height for Mixed Use areas was not to exceed 60 feet Note 3 was reported to have incorrectly stated the Total Vested trips as 63,752 ADT. The trip threshold calculated in support of Amendment No. 15, on December 1, 2005, was stated to be 65,069 ADT. 4. Abandon the remaining portions of Quantum Lakes Drive and Quantum Boulevard roadways located south of Gateway Boulevard, and convert them to Lots i 02 and 103. Change the land use designation of Lots 102 and 103 to Mixed Use. The applicant has included a trip generation comparison analysis between the original (ADA) and proposed land uses for the Quantum Park DR!. The results of a trip generation comparison indicated that the proposed development plan would generate 1,138 fewer AM peak-hour trips and 856 fewer PM peak-hour trips than the original development plan. In conclusion, we have no objection to this NOPC. However, a review of the 2005/2006 Annual Report reveals that the applicant has not submitted traffic signal warrant studies for the intersections of Quantum Boulevard with Gateway Boulevard and Congress Avenue, as required by Ordinance No. 0 1-54. We recommend that the applicant comply with this Development Order condition. Please feel free to contact this office at (954) 777-4601 should you have any questions. Sincerely, GS:mmlcw cc: D. Ray Eubanks - Community Program Administrator, FDCA Bob Romig - Director, Office of Policy Planning, FDOT Gerry O'Reilly - Director of Transportation Development, FDOT 10hn Krane - Transportation Planning Engineer, FDOT Chon Wong - Senior Transportation Specialist, FDOT s:~ PlANNINCN>4DRI\QUANTtlM.NOPC16B.DOC ,~ Department of Engineering and PubUc Works p.o. Box 21229 West Palm Beach, FL 33416-1229 (561) 684.4000 www.pbcgov.com . Palm Beach County Board of County CollUlllulollers lbny Masi1otti, Chairman Addie L Greene. Vice Chairperson ~n T. Marcus Jeff I<oons v.'clrren H. Newell Mary McCarty Burt Aaronson County MmlDlstrator Robert Weisman "An Equ4l OpportuIItty A/IfnMtt"H Acdoll BmpIoyer" @ "'*"'" on tecy'CifKl ~r June 13, 2006 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 34425-0310 RE: Quantum Park- NOPC #16 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: EXHIBIT E The Palm Beach County Traffic Division has reviewed the Notification of Proposed Changes to the previously approved project entitled Quantum Park, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Municipality: Quantum Park - North of Gateway Boulevard, west of High Ridge Road Boynton Beach location: Approved: . Industrial . Retail . Office . Hotel 4,183,750 SF 300,000 SF 1,969,500 SF 200 Rooms latest Approval - NOPC 15: Industrial Retail Office Warehouse Hotel High School Auto Dealership Restaurant - HT Restaurant - Quality Convenience Store/Gas Multi Family Residential Fire Station Police Station Park & Ride Facility 1,700,000 SF 457,240 SF 637,900 SF 22,700 SF 200 Rooms 2500 Students 53,072 SF 28,400 SF 69,250 SF 3,054 SF 1,105 Dwellings 5,500 SF 150 Employees . latest Approval- NOPC 15: Industrial Retail Office Warehouse Hotel High School Auto Dealership Restaurant - HT Restaurant - Quality 1,700,000 SF 457,240 SF 637,900 SF 22,700 SF 200 Rooms 2500 Students 53,072 SF 28,400 SF 69,250 SF 1(0) II & II n W II In) 1nJ! Jft, 6 am ~I OH'ARfMENT OF DEVElOPMC:Nl( . Page - 2 Convenience Store/Gas Multi Family Residential Fire Station Police Station Park & Ride Facility 3,054 SF 1,905 Dwellings (800 Additional Units) 5,500 SF 150 Employees New Dally Trips: New AM PH Trips: New PM PH Trips: N/A - Trip Reduction from Original Approval 5,809 - Trip Reduction from Original Approval 7,202 - Trip Reduction from Original Approval Based on our review, the Traffic Division has the following comments: · Provide a copy of the latest version of the spreadsheet illustrating all portions of the project which have been built and in place: · Provide a comparison of Daily trip generations under the .proposed NOPC #16n and .Previously Approved" scenarios. · Provide and AM and PM peak hour analysis for the following project access intersections, identify problems and introduce mitigations: o Gateway Boulevard I High Ridge Road o Gateway Boulevard I Quantum Boulevard o Gateway Boulevard I Park Ridge Boulevard o Gateway Boulevard I Congress Avenue o Quantum Boulevard I Congress Avenue If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER /Y). cc: Pinder Troutman Consulting Inc. File: General - TPS - Mun - Traffic Study Review F:\TRAFFIC\ma\Admin\Comments\060537.doc EXHIBIT "F" Conditions of Approval Project name: Quantum Park NOPC #16 File number: DRIA 06-001/MPMD 06-003 Reference: DEPARTMENTS INCLUDE REJEC~ PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Provide a notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. 2. eity Engineering staff agrees with the concurrency requirements of the X Palm Beach eounty Traffic Division. Furthermore, the request by the Florida Department of Transportation shares components with eounty requirements. Therefore, Staff recommends that the applicant comply with the requests of both the Palm Beach County Traffic Division in its letter dated June 13, 2006 to Mike Rumpf and of the Florida Department of Transportation in a letter dated June 26, 2006 to Eugene Gerlica, applicant. The applicant must identify a strategy to mitigate any identified traffic problems, and provide surety to the eity for any necessary improvements at the intersections of Quantum Boulevard with Gateway Boulevard and Quantum Boulevard with eongress Avenue, prior to eity approval of NOpe #16. The applicant has chosen to not provide the information necessary to enable staff to make a qualified statement regarding disposition of NOpe #16. Therefore, the Engineering staff recommends denial of NOpe #16. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 3. The elimination of Quantum Lakes Drive and Quantum Boulevard, south of X Gateway Boulevard, will require formal abandonment by the City, for which applications need to be filed and approved. 4. If the City Commission supports and approves this NOPC request, staff X recommends that the approval exclude the dwelling units intended for a potential Tri-Rail/TOD project (conceptualized as 500 units) from this application and that they be combined with the subsequent NOPC request required as a pre-requisite to a TOD project on this parcel. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 6. The developer and/or occupants of Quantum Park shall provide a traffic X signal, if warranted, at the Quantum Boulevard - Congress A venue and Gateway Boulevard - Quantum Boulevard intersections. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 7. None X S:\Planning\Planning Templates\Condition of Approval 2 page revised 2003 fonn,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park DRI NOPC # 16 APPLICANT'S AGENT: Eugene Gerlica APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, FL 33415 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units by 800, change in Master Plan designation of Lots 17,52, & 58 to Mixed Use (MU), creation of Lots 102 & 103 and designate each (MU) and eliminate Notes #3 & #4 from the Master Plan. LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton (C-16) Canal 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:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\DO.doc ~11. - tEG~t l1EM C.l Requested Cit)' CotnJ1liSsion Date final form Must be 1urned Date Final form Must be 1urned ~ Requested city cororoission ~ ~ ~ se?terobeT \'0, 2006 ~OOT\) Ju\Y \1. 2006 ~OOT\') 0 octobeT 3,2006 0 lWgust \, 2006 octObeT 2. 2006 ~OOT\) Ju\Y 3\. 2006 ~OOT\) 0 octobeT \ 1,2006 0 ",Ugust \5, 2006 october \6, 2006 ~OOT\) "'Ugu~ \4,2006 (~OOT\) 0 ~overobeT '0,2006 0 se?terobeT 6,2006 ~o"erobeT 6, 2006 ~OOT\) se?terobeT 5, 2006 ~oon) 0 ~o"erobeT 2\, 2006 0 se?teTTIbeT \ 9, 2006 crr~ OF BO~1'ON BE~Cll ~GEND~ \1'EM REQ\JES1' VORM ~A.1'\JRE of' A.GE~DA.11'El'\ " \h' City of BoynlOn Boach Cod, of erd_CO' ., 1'ION' Ann,oVO erd_CO # -~ _n ",g llEcoNlJ'lE"DA ." f 'd nt,,;\S~hd '" ",,, eo\loction ra"" and creating a n'w tier,d ,a" ,tn>cture 0' re" C o Anl\OUnCementsrPresentatiOns o Administrati"e o Consent Agenda o Cod' Co"""an" &. L,gal S,rtl"""''' o -public 1-\earing o Cit)' Manager's Report o "New BusinesS o Lega\ o llnfmisned BusinesS o , f d '" ",,, re'idential eo\loction ra" ofs I 0.50 per "",n\h '" .J<l'L"" ;>:fION' In 1990, O,d;nanco #90~ 36 "tabl"h,d a So fI . dential ,erviCO re"",i'" at $ I 0.50 and tho "",In.f,,", l" . fit 0 00 "",t 1'\>0 current ,a" 0"'" ' \ h t\r a roulti.(arnily eollecnon ,a" 0 ,0' per ' , 1990 \h City"'" imPI_"d n.-ro'" operatrona e -" " ra" ba' actua\ly b,en "duCOd to $1.50 p'" "",n\h, ,sure' I 19';' tho City began auto"",,,d re,idontW garbag' co\l'ctr' bavo a\low,d rat" to re"",;n'tabk Fo' ",amPI', '" \h' e~~n of a "ro",,,,,,,,1y \2 emPloY"'" yidd;ng co""derabl' ,avurl Staff "ti"",t" that thi' act,on ba' a\low,d fo' ,taff ,~d~o ,taff to ~~vdoP ,ou" acbedu!" fo' co"",,,,,,,al ""lOroo" \her," In addition comPu", ,0ftWa" h'" p,o"d,d """tan ' b .--,' ed at ~;nl""'''\ ineT, ementa\ cost. 1-\oWe"er, the abI\l, , ., t re e",tOn"" can ,,,,,.,0 u_'O- ' h t ,.aking op""tio'" roo,,,me,on"o u,a roO b 'I ttribut,d to op""ti01,al,mei,nei'" ",,,OCOg- t a, 0> "",;nta;n ,tabl' rat" oVO' tho p",t I 6 year' caunot e entr'c Y a during \h' booming co",,,,,otion period ;n tho I",t ,'" t eoustroetion and d_lition ",,,,'co "'" p,o"dod ,~c"'dre,,~n\:ue eS Last\y tho "",,,fer of fund' from tho Sohd W' , Ie_"d re" ,nna """un" , b ~t d ,ight y,ars, 1'bi""enn' ,,,,am u'" ,uPI' f $550 000 must ,oc,ntIY '" 2()O3. 1'h\S "'" en"" f nd to \h' General fund ba' dw;ndled 10 zero from an amount 0 ' ,;; ",,, co\loction rat" but ba' placod roo<< p'''''''' on tho General fun<\. bf '" 01\<5 ,taff bavo don' an ou"tanding iob ;n rnaintaininll a "" D"n,to ;nnati""",,, oa"""" oV" \he yoa'" th' pu >C , t' c.-eas' and ,oc,nt hurrioan" bavo takon a to\l on' r \ b d uinment eust' controu' 0 ,n . ,St' residential rate. 1-\oWe"er, a or an eqr' d' t I'n tbe re"dentiolgarbag, co1locnon rat'" ,~ 1 ' a~ to con"der a rato a JU'''''''' ' db crt 01 ",,,,to Fund balanco. t" nOw nOC'" " ,d It' f """\'1 '12 533 units' rateS be U\crease Yol>'- , \ f '\'1 '21 234 "",,,) an n10 ~ "',. ,," '.n c p,op",;n. thatrat" f01 bO\h ,,,,g' ann ' ' do "tod b hurrican'" Staff i, fortbe' proPo'inlI a <<gular uu.a~ "",n\h fo' thr'" y,ars to re.bu,ld th' fund ~alar;,CO ~()0110i """bY ;ne<<",;ng \h' ,at" oach y,ar in <<co"",non' ineroa'" of $050 per "",n\h bOg,nning '" "oa ~:\ rat" ~nd mu\ti-farntly rato' are outl;nod bdow. In addition eont;nuinll eD't meroa"" 1:h' propo",d ,,,,gl' ""v;dod Staff i' not propo,ing rato adi"'''''''''' beyond f" .oSIC comParison to o\h" n,arbY co.-n" " a"" p'o' Ion th' fund balanCO at that tiroo to venfy' bOliO" it prod,nt to re.,,,I",to \h' imPact of\h' _,ot rat< proPO" not today's assumPtions are correct, , .. , "",,,,,o,",,s,,G'"'''' OEM REOU"''- fa'"" ,,)if CITy OF 80YlvTON 8lEACH AGENDA ITEl\1 RlEQVEST FORl\1 RESIDENTIAL: Current $10,50 Pro Osed FY06107 $1].50 PllOP081;D 1\101'1'1'111, y .RA 1'1;8 MVLTI-FAMILY: $ 7.50 FISCAL IMPACT: PROGRAM IMPACT. , , , Fu ',' 71", "hon "'.u ""'in"'m , pO,i"ve Illnd b , "hee"""e, 'nfl'hoo,,.,. Ne"u,,, OU ope"hng eo,~ "'ill b b '1 . oJ""ee 'od hU"''''ne '""'Ye, 'ee eeplen;'hed pe"'ounel eos". e u" ""0 'U 'unuoJ "'e 'dl)'ustment t Ii ' o aCCOUnt Or Increased $8.50 Pro osed FY07108 $12,00 ---.!7QQQ~ed FY08109 $12.50 ~ $ 9,00 $ 9,50 n"identi'l c, $ I. DOl"",. X 12 "'0,. ., MUlh",""'ily .~ $1.00/"",. X 12 "'0'. " I. Add;'fun,1 ">enue" indicated helo . W#Ste J?nnd. .. to p'OV'de, ""'>e rnnd b"'n" in the Solid 1'0"" Ope"'ing Ina"ion,,.,. Ine,e"e Per ye".. $202,602 VATlVEs, S"'/'f', eeeounnend"ion i, b'''d U On 'he. . of "eh 1',""",, i, " folIo"". p. P'"un" U>ot "'" "e 'neee"ed fo. two di'hoe, ""00' Total Fund Balance Res TV I e " ne",,, Pee Ye" · $405,204 2. AddWon'l ">enUe Per r.. . ye" Or "'a'hon,ry eos" heginning in 2007/0S n"iden"'1 '$0.50/"",. X 12 "'0, " MUlh.F',,"ly ., $0.50/"",. X 12 """." $254,808 $~ $127,404 $~ \\G ase to reserVe fund T'L , '. . oe eoneep, " to meeeaue "b U"blbUrld, ee"'Ye fund for Ill""e eme.genei" g Sf. ;:e "'" fo, both ''''den'i'l 'nd rnnIti.f"'Uily eos'Otire", ". Thi, "'ill '110'" , ee"rve Illnd in the"", U ; f' reeounne"", ,"e""iog the "te $1.00 Pee "'ooth fo, v expended fbi, Yea. to 'e""'ve hume"":d';;':, 6~~oXe""'tely $ I :2M ?'hi, i, ve,.,. oe"ly the """'un, "1 be"u" both FE1\1A. 'M 'he S""e of 1'1 'd' 'II Wosly, the C,ty "Dot '"'pOOsible fo, the IllII eo" of "ity "'u" b've 1ll0d, io '''erve to front 'Lon at W I [reh''''bur'e for the v,,, pOetjoo of the eo" ' 'h d . "'<Co, '0 , ""'o,k 'fh Ii '['L' 0" e m the SO!;d W"'e Fuod theo th III d . ere 0".. "U, "'eeve i, oot 'e Conun;"ioO ehoo" thi, op,ion it "': bO' "'Oo/dh,ve '0 be '11"'''ed from the Gene"IFuod 'ure th" 'Olliei""t firod, "'ould :U""':b e apP1rob'P1""e '0 "'ev,lu"e 'he G""e"l Fund bal'nee J' eavala emtheeventO[ t tr h' ' up ""d oJI o'her City expens" meuned. , "" 01' "hurrie""e eVent \, oO'ed e"'ier io fbi"epo" ''''f[ i, . . by $0.50 per "'onth beg;"';;"g On t:,:~;7 ;~~;eee"e the SOlidW"'e "'e fOr'mgle 'P'menl",y eo", for per'ounel 1'- . . nu, ""'ea" " Dee""",, '0 puy fUe " , "e p'"PO"d bUdget for Fy2OO6J,07 d o "'ever..f ODe "'''''''' that JURI the ""0 . . 0" no, 'Ogge" '$202,786 (FY06 bUdget Of$2 "!947 ~";~ eo': Well me<e,,, by 7% Per y"', then lre Confident that $050 WilJ b' , fl"' oj. t,f[ <eeogo",,, th" oth" OP""mg . e a su llClent rate Increase, ' ~~:~~~~::~::::'~~;~';;gl ::trve to o]m set] inflationary costs, staff WOuld be . , 'ee ev" "nnot be ""in,. d S flr . 'Ollo"'ing '''''ie, ""'di6e'"on, "'ould be ' ,"ne. '" ",oUld ." "''''''ee, e'n ''''in 'he degeee of , . "<Cp"hIe 'u o'd" '0 ""int'in "f"~T FORMnoc eu , n, Opee.,,,," eo"" 'Ie" negute 'he Nopo"d ~ ~e, ,/,' o't, - ~'I>>6 ~. ~.\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM $0.50 per month rate increase. Options a, b, and c will require laying off at least three employees. Option d. maintains current staffmg levels and assumes that all savings is in reduced equipment expense, a. Change garbage pickup to once per week instead of twice per week. b. Eliminate curbside recycling c. Change bulk pickup to once per month instead of once per week. Staff does not recommend this option because to cut this expense equipment essential to hurricane cleanup must be sold. d. Change to a six-day pickup schedule requiring garbage pickup on Wednesdays and Saturdays. Should the City Commission desire to not reduce or modify residential garbage services and should the City Commission still desire to not raise residential garbage rates, then only one option is available that will allow continued solid waste operations by City staff. This fmal option would require an increase of the rates assessed to commercial customers in the amount of$0.50 per cubic yard. This increase would provide for additional annual revenue to the Solid Waste fund that would be approximately $210,000 per year. To quantifY this, staff notes that an average restaurant would see an increase of around $65 per month, Staff considered the possibility of increasing our collection and disposal rates for construction and demolition debris. Staff has noted numerous times that this venture is profitable and subsidizes our residential service. However, the excess revenue we have received the last several years is a direct result of the booming construction sector. One cannot assume that this activity will remain at this extreme leveL Therefore, it would be inappropriate to assume that we could receive a revenue source from these services with sufficient stability to guarantee a positive fund balance and subsidize our residential rates for the long term As it stands now, staff believes that the requested rate increase will further be necessary to offset a future reduction in revenues received from services provided to the construction sector. Summary Staff continues to believe that the residential garbage rates should increase as outlined. Program cuts or reallocation of revenue to the commercial customer would be unpopular. Lastly, staff again notes that we are very proud to have a single family garbage rate that is equal to the rate that existed in 1990 and is a rate that is lower than many other Cities. ~ C1 anager's Signature <<Dvi3Uc- IAJRfC-S Department Name Assistant to City Manager ~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC July 18, 2006 LOCATION City of Boca Raton SOLID WASTE RATE COMPARISON RESIDENTIAL REFUSE RATE Ad Valorem Tax $12.00 Side yard P/up MULTI-FAMILY REFUSE RATE Ad Valorem Tax for curbside p/up $13,50/unit for dumpster service SERVICE LEVEL Twice/wk - Garbage Once/wk - Recycling Once/wk - Vegetation Quarterly - Bulk Trash City of Boynton Beach $JO.50/Month Proposing $11.50/month for Single-Family Proposing $8.50/monthfor Multi-Family $ 7,50/unit/Month Same service as curbside except no vegetation p/up Twice/wk - Garbage Once/wk - Recycling Once/wk - BulkNege City of Deerfield Beach $22,66/Month $20,63/UnitlMonth Twice/wk - Garbage Once/wk - Recycling Once/wk - Bulk/Vege City of Lake Worth $IS,71/Month $18,71 under 9 units Over nine units is billed as commercial Twice/wk - Garbage Once/wk - Recycling Once wk - BulkNege Town of Lantana $18,77/Month $IS,77/unit/Month Twice/wk - Garbage Once/wk - Recycling Bi-weekly-BulklVege Palm Beach County District 5 Unincorporated Boynton Beach $7.25/Month $ 4,08/unitlMonth Same service as curbside except bulk is once/wk Twice/wk - Garbage Once/wk - Recycling Once/wk ~ Vege. Twice/wk - Bulk City of Riveria Beach $12.59/Month $ 12.59/Month Twice/wk ~ Garbage Once/wk - Recycling Once/wk - Vege. Twice/wk -- Bulk West Palm Beach $I6.00/Month + I.S5/Month/Recycling $16.00/unit - 1st bldg. $ 9.00/unit - 2,3,4,bIdg. $I6.00/unit - 5th bldg. $ 9.00/unit - 5, 7, S bldg. Twice/wk - Garbage Once/wk - Recycling Once/wk - Vegetation Twice/wk - Bulk Share/PW/Solid WasteIRate Comparison Chart - July 2006 I ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10-30 (C), "RESIDENTIAL 8 RATES (NONCONTAINERIZED)" AND (D) 9 "RESIDENTIAL RATES (CONTAINERIZED, 10 MULTIFAMILY), TO PROVIDE FOR A NEW TIERED 11 RATE STRUCTURE; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 13 DATE. 14 15 WHEREAS, on September 7, 2004 the Boynton Beach City Commission ("City") 16 adopted Ordinance No. 04-072 ("Ordinance") that provided for various revisions to the solid 17 waste provisions of the eity's eode of Ordinances; and 18 WHEREAS, due to recent hurricanes which have taken a toll on the Solid Waste 19 Fund balance and the increase in labor and equipment costs, it is now necessary to consider a 20 rate adjustment in the residential garbage collection rates; and 21 WHEREAS, the City eommission concurs with eity staffs recommendation, and has 22 determined that it is in the best interest, safety and welfare of the residents and citizens of 23 Boynton Beach, that ehapter 10 Garbage, Trash and Offensive Conditions be amended to 24 create a new tiered rate structure for residential Solid Waste collection rates as set forth below. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above IS true and correct and 28 incorporated herein by this reference. 29 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Sec. 10- 30 30, "Rates and charges for eity service," sub-section 10- 30( c), "Residential rates S:\C^\Ordinanees\Chapter 10 Garbage Code Rate Revision 080206,doe (noncontainerized)" and sub-section 1 0-30(d), "Residential rates (containerized. 2 multifamily)" of the Code of Ordinances of the City of Boynton Beach, be, and the same are 3 hereby amended by adding the words and figures in underlined type, and by deleting the 4 words and figures in struck-through type, as follows: 5 Sec. 10-30. Rates and charges for City service. 6 The rates and charges for refuse collection service provided by the city shall be as 7 follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (c)Residential rates (noncontainerized): (l) Ten dollars and fifty cents ($10.50) Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; Twelve dollars ($12.00) for fiscal year 2007/2008; and Twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month for single-family dwellings. (2) Ten dollars and fifty cents ($1O.50)Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; Twelve dollars ($12.00) for fiscal year 2007/2008; and Twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month for each family unit duplex or triplex. (3) Ten dollars and fifty cents ($10.50)Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; Twelve dollars ($12.00) for fiscal year 2007/2008; and Twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month for each family unit for apartments and 22 condominiums. S:\CA10rdinanccsIChapter J() Garbage Code Rate Revision 080206.doc 2 2 3 4 5 6 7 (4) Trailer parks, ten dollars and fifty cents ($1O.50)Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; Twelve dollars ($12.00) for fiscal year 2007/2008; and Twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month per trailer. (d) Residential rates (containerized, multifamily): (1) Seven dollars and fifty cents ($7.50) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; Nine dollars ($9.00) for fiscal year 2007/2008; and Nine dollars and fifty cents ($9.50) for fiscal year 2008/2009 per month for each family unit for apartments and condominiums that are served by dumpster containers. 8 9 10 11 12 13 14 15 16 (2) Seven dollars and fifty cents ($7.50) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; Nine dollars ($9.00) for fiscal year 2007/2008; and Nine dollars and fifty cents ($9.50) for fiscal year 2008/2009 per trailer in trailer parks. Section 3. Each and every other provision of ehapter 10, not herein specifically 17 amended shall remain in full force and effect as previously enacted. 18 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 19 same are hereby repealed. 20 Section 5. Should any section or provision of this ordinance or portion hereof, any 21 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 22 such decision shall not affect the remainder of this ordinance. 23 Section 6. Authority is hereby granted to codify said ordinance. S:\CA\Ordinances\Chapter 10 Garbage Code Rate Revision 080206,doc 3 Section 7. This ordinance shall become effective during the first full billing cycle 2 after the adoption ofthe Ordinance on Second Reading. 3 FIRST READING this _ day of August, 2006. 4 SECOND, FINAL READING AND PASSAGE this ,2006. day of 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 City Clerk 23 24 (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA Mayor .,'., Jerry Taylor Vice Mayor - Carl McKoy Commissioner _. Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\CA\Ordinanees\Chapter 10 Garbage Code Rate Revision 080206.doc 4