Agenda 10-17-06
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
October 17, 2006
Jerry Taylor
Mayor - At Large
Bob Ensler
Commissioner - District I
Mack McCray
Commissioner - District 1/
Mike Ferguson
Commissioner - District 11/
Carl McKoy
Vice Mayor - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
DISTRI T I
Janet M. Prainito
City Clerk
.
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
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 8. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
o Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
o Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
o 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.
o Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
o Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
o 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.
o
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
October 17, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Chaplain Greg Fitch - Boynton Beach Police Department
C. Pledge of Allegiance to the Flag led by Mayor Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY 8. SPECIAL EVENTS, 8. PRESENTATIONS:
A. Announcements:
1. Intracoastal Park to be closed from October 30 - November 20, 2006,
for excavation of the Intracoastal Park Clubhouse site.
2. Cancellation of December 19, 2006 City Commission Meeting.
3. Ribbon cutting ceremony for the playground at Hester Center - October
25, 2006 at 10 a.m.
B. Community and Special Events:
1. Pirates of the Intracoastal - A Fantastic Fantasy Event, will be held on
Saturday, October 21, 11 a.m.-7 p.m. and Sunday, October 22, 11 a.m.-5
p.m. at Intracoastal Park. General admission is $7 adults, children 3-12
and seniors $5. A special fireworks display will take place on Saturday at
6:30 p.m. This event is produced in partnership with the CRA.
C. Presentations:
1. Proclamations:
a. Boynton Beach Veterans Day Memorial Celebration - Nov. 5, 2006
2. Presentation by the East Boynton Little League honoring the Mayor and
City Commission for their support of the Little League.
1
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17,2006
3. Presentation of Certificate of Achievement to Annalisa Alden for her
participation in the Sister Cities International Young Artists Showcase.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
II Ferguson Arts Commission Reg 3 yr term to 4/08
Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2)
II McCray Cemetery Board Alt 1 yr term to 4/07
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Community Relations Board Reg 3 yr term to 4/08
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07
I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07
I Ensler Library Board Alt 1 yr term to 4/07
Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Recreation & Parks Board Reg 3 yr term to 4/07 Tabled (3)
IV McKoy Recreation & Parks 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. Regular City Commission Meeting - October 3, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17, 2006
1. Approve piggyback on the City of Palm Bay, FL Bid #23-0-2002 with
Aquifer Maintenance & Performance Systems, Inc. for well rehabilitation
services with an estimated yearly expenditure of $300,000.
2. Approve a split award "CO-OP ROAD CONSTRUCTION MATERIALS", Bid
#033-141l-06/JA to COMMUNITY ASPHALT CORP. of West Palm Beach,
FL and to AUSTIN TUPLER TRUCKING, INC. of West Palm Beach, Florida,
with a total expenditure of $50,450.
C. Resolutions:
1. Proposed Resolution No. R06-178 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Belkis Alvarez & Camilo Nunez for the property at 1119
Highview Rd., Lake Worth, FL. (Ridge Grove Add No 1 Lot 203)
2. Proposed Resolution No. R06-179 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with the Palm Beach County Housing Authority for a parcel of land
proposed to contain 34 new single family homes within the Quentin
Avenue Project.
3. Proposed Resolution No. R06-180 RE: Approving and
authorizing execution of an agreement between the City of Boynton
Beach and the Community Redevelopment Agency (CRA) for the use of
two abandoned buildings for live fire training exercise.
D. Approve the return of cash bond of $4,000 to RCC III, LLC for the project known
as Renaissance Commons (Phase III, Building #11).
E. Approve the return of cash bond of $55 to Chris Kauper for the project known as
Walgreens (warehouse interior completion).
F. Approve the return of cash bond of $1,100 to RCC I, LLC for the project known
as Pei Wei Asian Diner (Store #80).
G. Approve the return of cash bond of $7,900 to Jacobs Industries, Inc. for the
project known as the Tire Store (Parcel C).
H. Approve the full release of surety for the project known as Windsor Park of
Commerce in the amount of $2,941 and return of the cash surety in this amount
to the project developer, Windsor Park of Commerce, LLC.
1. Approve the reclassification of Code Compliance positions by one Pay Grade
resulting in a fiscal impact to the City of $22,000. (Proposed Resolution No.
R06-181)
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17, 2006
VII. CODE COMPLIANCE 8. LEGAL SETTLEMENTS:
None
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:
Owners:
Location:
Description:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a six month Site Plan Time Extension for site plan
approval granted on July 5, 2005, to extend site plan approval
from July 5, 2006 to January 5, 2007. (Tabled to November 21,
2006)
Ocean 9S Exchange Plaza (NWSP 06-020)
Crockett Farnell
Boynton Industrial, LLC
514, 516, 518 West Ocean Avenue
Request new site plan approval to construct 133,911 square feet
of office/warehouse on a 6.77-acre parcel in the M-l Industrial
zoning district.
IX. CITY MANAGER'S REPORT:
A. Discussion of implementation of Utilities Department Water Supply Improvement
Projects
X. FUTURE AGENDA ITEMS:
A Heritage Festival Update (November S, 2006)
B. Schedule of all development fees and when payment is due (Tabled to
November S, 2006)
C. Proposed Resolution No. R06-176 RE: Approving and
authorizing the proposed adjustments to the fee schedule for development and
related applications. (Tabled to November S, 2006)
D.
Proposed Resolution No. R06-177 RE: Approving
authorizing the proposed fee additions and adjustments for building
(Tabled to November S, 2006)
and
permits.
E. Discussion of Public Arts Fund and Art in Public Places Program (November S,
2006)
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17, 2006
F. Authorization to use up to $2.5 million of Reserve Funds to initiate the work for a
Boundless Playground and other changes to the CIP - (November 8, 2006)
G. New Space for the Police Department (November 21, 2006)
H. 60-day Waiver on Signs for New Businesses in the City (November 21, 2006)
I. Feasibility of Saturday hours for the Building Division (March 2007)
XI. NEW BUSINESS:
A. Addition of requirements over and above State requirements for board members
to recuse themselves.
B. Proposed Resolution No. R06-182 RE: Indicating the City
Commission's intent to support the master developer of the MLK Corridor
Redevelopment Project and the City's intent to convey City owned property
within the MLK corridor area contingent upon successful negotiation of a master
development agreement.
XII. LEGAL:
A. Ordinances - 2nd Reading - DEVELOPMENT - PUBLIC HEARING
BOYNTON BAGELS
1.
Proposed Ordinance No. 06-081
subject parcel.
RE: Annexing
the
2. Proposed Ordinance No. 06-082 RE: Amending the
Comprehensive Plan Future Land Use Map from Commercial High with
underlying Medium Density Residential of 5 dujac (CH/5) (Palm Beach
County) to Local Retail Commercial (LRC).
3.
Proposed Ordinance No. 06-083
rezoning from General Commercial
Community Commercial (C-3).
RE: Approving the
(CG) (Palm Beach County) to
B. Ordinances - 2nd Reading - NON DEVELOPMENT - PUBLIC HEARING
1. Proposed Ordinance No. 06-078 Re: Establishing a
policy for naming City facilities within the City of Boynton Beach,
providing for the appointment of a committee to act in an advisory role to
the City Commission on the naming of City facilities.
5
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17, 2006
2. Proposed Ordinance No. 06-079 Re: Amending
Chapter 18, Article II, Division 4 to amend Section 18-111 entitled
"Normal Retirement" to clarify the intent with respect to issuance of a
supplemental benefit (13th check).
3. Proposed Ordinance No. 06-080 Re: Amending
Chapter 2, Administration, of the Code of Ordinances to add a new Article
XV; Small and Minority Business Enterprises; establishing a program to
assist small and minority business enterprises in competing for and being
awarded City contracts; establishing procedures for designation of small
and minority business enterprise status; authorizing administrative action
to implement, administer and monitor program goals.
4. Proposed Ordinance No. 06-084 Re: Adopting
proposed revisions to the Boynton Beach Administrative Amendments to
the 2004 Florida Building Code.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
1. Approve proposed settlement of attorney's fees and costs for B. Douglas
MacGibbon, counsel for Doris Jefferson in the amount of $6,000.
2. Approve proposed settlement of attorney's fees and costs for Barry S.
Balmuth, counsel for Wade L. King (Parcel Nos. 118 & 126) in the amount
of $11,342.50.
3. Approve proposed settlement of attorney's fees and costs for Barry S.
Balmuth, counsel for James Johnson in the amount of $6,940.
XIII. UNFINISHED BUSINESS:
None
6
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17, 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 BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACT1Vm IN ORDER FOR TIiE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda: S:\CC\WP\CCAGENDA\AGENDAS\Year 2006\101706.doc
7
The City of
B,oynton Beac;h
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
October 17, 2006
Jerry Taylor
Mayor - At Large
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 Cherot
City Attorney
DISTRI T I
Janet M. Prainito
City Clerk
www.boynlon-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 PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
o Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
o Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
o 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.
o Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
o Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
o 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.
o
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
October 17, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Chaplain Greg Fitch - Boynton Beach Police Department
C. Pledge of Allegiance to the Flag led by Mayor Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. Intracoastal Park to be closed from October 30 - November 20, 2006,
for excavation of the Intracoastal Park Clubhouse site.
2. Cancellation of December 19, 2006 City Commission Meeting.
3. Ribbon cutting ceremony for the playground at Hester Center - October
25, 2006 at 10 a.m.
B. Community and Special Events:
1. Pirates of the Intracoastal - A Fantastic Fantasy Event, will be held on
Saturday, October 21, 11 a.m.-7 p.m. and Sunday, October 22, 11 a.m.-5
p.m. at Intracoastal Park. General admission is $7 adults, children 3-12
and seniors $5. A special fireworks display will take place on Saturday at
6:30 p.m. This event is produced in partnership with the CRA.
C. Presentations:
1. Proclamations:
a. Boynton Beach Veterans Day Memorial Celebration - Nov. 5, 2006
2. Presentation by the East Boynton Little League honoring the Mayor and
City Commission for their support of the Little League.
1
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17, 2006
3. Presentation of Certificate of Achievement to Annalisa Alden for her
participation in the Sister Cities International Young Artists Showcase.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
II Ferguson Arts Commission Reg 3 yr term to 4/08
Ensler 8ldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2)
II McCray Cemetery Board Alt 1 yr term to 4/07
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Community Relations 80ard Reg 3 yr term to 4/08
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07
I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07
I Ensler Library Board Alt 1 yr term to 4/07
Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Recreation & Parks Board Reg 3 yr term to 4/07 Tabled (3)
IV McKoy Recreation & Parks 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. Regular City Commission Meeting - October 3, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17, 2006
1. Approve piggyback on the City of Palm Bay, FL Bid #23-0-2002 with
Aquifer Maintenance & Performance Systems, Inc. for well rehabilitation
services with an estimated yearly expenditure of $300,000.
2. Approve a split award "CO-OP ROAD CONSTRUCTION MATERIALS", Bid
#033-1411-06/JA to COMMUNITY ASPHALT CORP. of West Palm Beach,
FL and to AUSTIN TUPLER TRUCKING, INC. of West Palm Beach, Florida,
with a total expenditure of $50,450.
C. Resolutions:
1. Proposed Resolution No. R06-178 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Belkis Alvarez & Camilo Nunez for the property at 1119
Highview Rd., Lake Worth, FL. (Ridge Grove Add No 1 Lot 203)
2. Proposed Resolution No. R06-179 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with the Palm Beach County Housing Authority for a parcel of land
proposed to contain 34 new single family homes within the Quentin
Avenue Project.
3. Proposed Resolution No. R06-180 RE: Approving and
authorizing execution of an agreement between the City of Boynton
Beach and the Community Redevelopment Agency (CRA) for the use of
two abandoned buildings for live fire training exercise.
D. Approve the return of cash bond of $4,000 to RCC III, LLC for the project known
as Renaissance Commons (Phase III, Building #11).
E. Approve the return of cash bond of $55 to Chris Kauper for the project known as
Walgreens (warehouse interior completion).
F. Approve the return of cash bond of $1,100 to RCC I, LLC for the project known
as Pei Wei Asian Diner (Store #80).
G. Approve the return of cash bond of $7,900 to Jacobs Industries, Inc. for the
project known as the Tire Store (Parcel C).
H. Approve the full release of surety for the project known as Windsor Park of
Commerce in the amount of $2,941 and return of the cash surety in this amount
to the project developer, Windsor Park of Commerce, LLC.
1. Approve the reclassification of Code Compliance positions by one Pay Grade
resulting in a fiscal impact to the City of $22,000. (Proposed Resolution No.
R06-181)
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17,2006
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
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:
Owners:
Location:
Description:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a six month Site Plan Time Extension for site plan
approval granted on July 5, 2005, to extend site plan approval
from July 5, 2006 to January 5, 2007. (Tabled to November 21,
2006)
Ocean 95 Exchange Plaza (NWSP 06-020)
Crockett Farnell
Boynton Industrial, LLC
514, 516, 518 West Ocean Avenue
Request new site plan approval to construct 133,911 square feet
of office/warehouse on a 6.77-acre parcel in the M-1 Industrial
zoning district.
IX. CITY MANAGER'S REPORT:
A. Discussion of implementation of Utilities Department Water Supply Improvement
Projects
X. FUTURE AGENDA ITEMS:
A Heritage Festival Update (November 8, 2006)
B. Schedule of all development fees and when payment is due (Tabled to
November 8, 2006)
C. Proposed Resolution No. R06-176 RE: Approving and
authorizing the proposed adjustments to the fee schedule for development and
related applications. (Tabled to November 8, 2006)
Proposed Resolution No. R06-177 RE: Approving
authorizing the proposed fee additions and adjustments for building
(Tabled to November 8, 2006)
D.
and
permits.
E. Discussion of Public Arts Fund and Art in Public Places Program (November 8,
2006)
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17,2006
F. Authorization to use up to $2.5 million of Reserve Funds to initiate the work for a
Boundless Playground and other changes to the CIP - (November 8, 2006)
G. New Space for the Police Department (November 21,2006)
H. 60-day Waiver on Signs for New Businesses in the City (November 21, 2006)
I. Feasibility of Saturday hours for the Building Division (March 2007)
XI. NEW BUSINESS:
A. Addition of requirements over and above State requirements for board members
to recuse themselves.
XII. LEGAL:
A. Ordinances - 2nd Reading - DEVELOPMENT - PUBLIC HEARING
BOYNTON BAGELS
1.
Proposed Ordinance No. 06-081
subject parcel.
RE: Annexing
the
2. Proposed Ordinance No. 06-082 RE: Amending the
Comprehensive Plan Future Land Use Map from Commercial High with
underlying Medium Density Residential of 5 du/ac (CH/5) (Palm Beach
County) to Local Retail Commercial (LRC).
3.
Proposed Ordinance No. 06-083
rezoning from General Commercial
Community Commercial (C-3).
RE: Approving the
(CG) (Palm Beach County) to
B. Ordinances - 2nd Reading - NON DEVELOPMENT - PUBLIC HEARING
1. Proposed Ordinance No. 06-078 Re: Establishing a
policy for naming City facilities within the City of Boynton Beach,
providing for the appointment of a committee to act in an advisory role to
the City Commission on the naming of City facilities.
2. Proposed Ordinance No. 06-079 Re: Amending
Chapter 18, Article II, Division 4 to amend Section 18-111 entitled
"Normal Retirement" to clarify the intent with respect to issuance of a
supplemental benefit (13th check).
3. Proposed Ordinance No. 06-080 Re: Amending
Chapter 2, Administration, of the Code of Ordinances to add a new Article
)0J; Small and Minority Business Enterprises; establishing a program to
5
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
October 17,2006
assist small and minority business enterprises in competing for and being
awarded City contracts; establishing procedures for designation of small
and minority business enterprise status; authorizing administrative action
to implement, administer and monitor program goals.
4. Proposed Ordinance No. 06-084 Re: Adopting
proposed revisions to the Boynton Beach Administrative Amendments to
the 2004 Florida Building Code.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
1. Approve proposed settlement of attorney's fees and costs for B. Douglas
MacGibbon, counsel for Doris Jefferson in the amount of $6,000.
2. Approve proposed settlement of attorney's fees and costs for Barry S.
Balmuth, counsel for Wade L. King (Parcel Nos. 118 & 126) in the amount
of $11,342.50.
3. Approve proposed settlement of attorney's fees and costs for Barry S.
Balmuth, counsel for James Johnson in the amount of $6,940.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER 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.5. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST 1WENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda: S:\CC\WP\CCAGENOA\AGENOAS\year 2006\101706.doc
6
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item A.1
Requested City CommissIon Dale Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
!\1eetil1.&-Dall.O;;; in to City Cler~ '5 Offil;~ Meeting Dates in to Citv Clerk's Office
0 August '- 2006 July 17.2006 (Noon_) 0 October 3, 2006 September J 8, 2006 (Noon)
0 August] 5. 2006 July 31, 2006 (Noon) IZI October 17, 2006 October 2, 2006 (Noon)
0 Septem~er 6, 2006 August J4,2006'QNoon) 0 November 8, 2006 October 16,2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
IZI AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TlON: Permit announcement.
EXPLANA TION: Intracoastal Park will be closed for approximately three weeks from October 30-November 20,2006, for
excavation of the Intracoastal Park Clubhouse. During the remainder of the construction, only the construction area will be
fenced in and the rest of the park will be open to the public. The total construction of the $3.4 million, 7,200 square foot
facility. is expected to last 300 days. with opening slated for September 2007.
PROGRAM IMPACT: This announcement is one of several methods the City will employ to inform the public of the park's
temporary closing.
FISCAL IMPACT: None
AL TERNA TlVES: Not permit announcement.
u./d~- ~. *d--<:
Departme ead's' ature
~
City Manager's Signature
Assistant to City Manager ~
Public Affairs
Department Name
City Attorney I Finance
S:\I3ULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
The City of Boynton Beach Recreation and Parks Department
Announces
etu......e
:sl~.;evAT191L.
The City of Boynton Beach Recreation and Parks Department will be
constructing a new recreation facility at Intracoastal Park, located at
2240 N. Federal Highway in northeast Boynton Beach.
Intracoastal Park will be closed for approximately three weeks for
excavation of the building site from October 30 through November
20, 2006. During the remainder of construction, only the construction
area will be fenced in. The rest of the park will be open to the public.
The total construction of the facility is expected to last 300 days, with
an opening date slated for September 2007.
The new Intracoastal Park Clubhouse will be a $3.4 million, 7,200
square foot two story building located on the northeast side of the
park, directly overlooking the Intracoastal Waterway. It will feature
rooms on the first floor for recreation and community programming.
The second floor will be reserved for rentals for commemorative
events, meetings, and other special activities. An updated fee
schedule for rentals will be available this spring.
For more information about the Intracoastal Park Clubhouse project,
please call Ginny Shea, Senior Recreation Manager at 742-6236.
.W&Mak&
Life 'Funll
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III.-ANNOUNCEMENTS &. PRESENTATIONS
Item A.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
Meetine Dates in to City Clerk's Office Meetine. Dates in to City Clerk's Office
0 August 1,2006 July 17.2006 (Noon.) [J October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) rzI October 17, 2006 Oc1ober 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)
rzI Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Permit announcement.
EXPLANATION: The December 19, 2006 City Commission meeting is cancelled.
PROGRAM IMPACT: N/A
FISCAL IMPACT: (Include Account Number where funds will come from.) N/A
~;i~
Departrneuad's Signature
ALTERNATIVES: Not to allow tbe announcement.
Ity Manager's Signature
Assistant to City Manager ~
City Attorney I Finance
Department Name
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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III.-ANNOUNCEMENTS &. PRESENTATIONS
Item B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting: Dates in to City Clerk '5 Office Meetinl? Dates in to Citv Clerk's Office
0 August 1.2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 3 J. 2006 (Noon) ~ 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)
~ Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Pennit announcement
EXPLANATION: Pirates of the Intracoastal, A Fantastic Fantasy Event, produced in partnership with the CRA, will be held
on Saturday, Oct. 2 J, 2006, J J a.m.-7 p.m., and Sunday. Oct. 22, 2006, J I a.m.-5 p.m. at Intracoastal Park, General
admission is $7; children 3-12 and seniors $5. This pirate-themed adventure will feature continuous entertainment, children's
activities and period vendors. A special fireworks display will take place on Saturday at6:30 p.m. This event was cancelled
last year due to Hurricane Wilma.
PROGRAM IMPACT: This announcement will help heighten awareness of this family-oriented special event.
FISCAL IMPACT: None
AL TERNA TIVES: Not pennit announcement
-47AJ&. ~ ~~
Depa nt f1ead' ignature
City Manager's Signature
Assistant to City Manager
CIJrL
Public Affairs
Department Name
City Attorney / Finance
S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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IlI.-ANNOUNCEMENTS II< PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office MeetimzDates in to City Clerk's Office
0 August 1,2006 July 17.2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) ~ October 17, 2006 October 1, 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)
~ AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Adopt a Proclamation declaring November 5, 2006 as the Boynton Veterans Council
Veterans Day Ceremony.
EXPLANATION: The Boynton Veterans Council will be holding their Veterans Day Ceremony on November 5, 2006
at 2:00 p.m. at Intracoastal Park, located on Federal Highway, jnst south of Gateway Blvd. As United States citizens,
it is our duty and honor to remember the sacrifices and contributions of all those who have served this great Nation in
time of war to preserve our cherished heritage of freedom, both past and present.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
i62
City Manager's Signature
Assistant to City Manager {!1}1{/
AL TERNA TIVES: Not to adopt Proclamation
City Attorney / Finance
Department Name
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
WHEREAS, the Citizens of this Nation. the State of Florida, and the City of Boynton Beach live
in freedom because of the sacrifices and contributions made by those who served in the Armed Forces
of the United States of America in time of national danger; and
WHEREAS, there are over one million veterans in the State of Florida who continue their
devotion to the highest ideals of citizenship, and constitute a foundation of both the strength and
progress of this State; and
WHEREAS, we can never repay our debt to our veterans, for it is beyond any tangible price, but
we can show our gratitude for their exemplary deed; and it is in the best interest of all the State that its
citizens express their gratitude for these sacrifices and remind themselves of the great price of liberty;
and
WHEREAS, we are sure that there are still Korean and Vietnam POW's and MIA's and we ask
that the City of Boynton Beach acknowledge this fact and pray for their safe return as well as for the
safe return of our military personnel currently deployed overseas..
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City
of Boynton Beach, do hereby proclaim November 5. 2006, as:
BOYNTON VETERANS COUNCIL
VETERANS DAY CEREMONY
in Boynton Beach, Florida, and urge all citizens of our City to remember the sacrifices and contributions
of all those who served this Nation in time of war to preserve our cherished heritage of freedom at a
ceremony to be held at Intracoastal Park on Sunday. November 5, 2006, at 2:00 p.m.
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, this 17th day of October in the Year
2006.
Jerry Taylor, Mayor
City of Boynton Beach, Florida
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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1II.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetine.Dates in to City Clerk's Office Meetin!! Dates in to Citv Clerk's Office
0 August],2006 July 17.2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15,2006 July 31. 2006 (Noon) l8J October 17, 2006 ~tober2,2006 (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)
l8J AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Puhlic Hearing 0
RECOMMENDATION: To allow a presentation by the East Boynton Little League ofa plaque to the Mayor and City
Commission.
EXPLANATION: The East Boynton Little League is very grateful for the support given to them by the City Commission,
not only after Hurricane Wilma, but throughout the years. Their success is based, in part, on the generosity of the City
Commission. They would like to honor the Commission with a plaque.
PROGRAM IMPACT: None
FISCAL IMPACT: None
Recreation and Parks
Department Name
City Attorney / Finance
S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.D<X
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II1.-ANNOUNCEMENTS & PRESENTATIONS
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
Meetin!! Dates in to Citv Clerk's Office Meetin!! Dates in to Citv Clerk's Office
0 August 1,2006 July 17.2006 (Noon.) 0 October 3. 2006 September 1 S, 2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) [gI 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)
[gI AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA lTEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Permit presentation
EXPLANATION: Since 1988, the Sister Cities International Young Artists Showcase has inspired youth from around the
globe to consider the mission of Sister Cities International and express their interpretation of that mission. At this year's Sister
Cities International Conference in Washington, D.C., held in July, the artwork of Annalisa Alden of Christa McAuliffe
Middle School was chosen for the 50" Anniversary commemorative tee shirt, Hers was one of 83 entries submitted for the
international competition. The Boynton Beach Sister Cities Committee has requested to recognize Annalisa's achievement at
a Commission meeting and asked that the City present her with a certificate of achievement. The Sister Cities Committee will
present one of the tee shirts that they have had framed to the City for display.
PROGRAM IMPACT: This recognition will heighten public awareness ofthe Sister Cities program and encourage local
youth to participate in the 2007 Young Artists competition.
FISCAL IMPACT: None
W'~AU ~../-
Dep en ead's Signature
~
City Manager's Signature
Assistant to City Manager ~
AL TERNA TIVES: Not permit presentation
Public Affairs
City Attorney / Finance
Department Name
S.\BULLETlNlFORMSIAGENDA ITEM REQUEST FORM DOC
'V~
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SISTER
CITIES
lilT ER II A r I 0 IIAl
The Greater Boynton Beach Sister Cities Committee, Inc.
100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
August 24, 2006
Ms. Revia Lee, Principal
Royal Palm School
6650 Lawrence Road
Boynton Beach, FI. 33462
Dear Ms. Lee,
For the fourth year, the Greater Boynton Beach Sisler Cities Committee, Inc. is
partnering with Sister Cities International on the Young Artists Showcase. This
competition for middle and high school students encourages you1h from around lhe world
to consider the mission of Sister Cities International and express their interpretation of
tha1 mission.
As we aspire 10 promote peace through mu1ual respect, understanding, cooperation
through one individual, one community at a time, lhe program theme for 2007 is
"An Open and Accessible World/or All"
Cash awards will be presented to lhe winners, both in Boynton Beach and in our sister
cily of Qufu, China, at the middle school and high school levels. One winner from each
city will be.submitted to the Sister Cities International competilion.
At this year's Sister Cities In1ernational Conference in Washington, D.C., the artwork of
Annalisa Alden of Christa McAuliffe Middle School was chosen for the 50th Anniversary
commemorative tee shirt! Hers was one of 83 entries submitted for lhe international
competition.
We invite your students, between the ages of 13 and 18, 10 participate in the Young
Artists Showcase. All entries must be received by us no later than Friday, March 16,
2007. Enlries will be on exhibit from March 19th through April14lh at a localion to be
determined.
Enclosed is a copy of "Rules and Guidelines" for instructions and specifications. Also
enclosed is a "School Response Form" lhat we ask you to complete and return to us by
Friday, October 6, 2006. If you have more than one class (i.e.6th grade art, 8th grade
social studies) participating, we ask that each leacher complete one of these. This helps us
to plan the amount of exhibil area that will be needed.
We are pleased to be able to offer this program to lhe students of Boynton Beach and
look forward to having your students participate in this year's competition. If you have
any queslions, please contact me at 561-901-8714.
Sincerely,
Jeanne Heavilirt, President
Enclosures
BOARD OF DIRECTORS
Jeanne HeaviIin, Pres.eChristiane Francois, V. Pres.eCarol Miller, Sec't.eJim Williams, Treas.
Dan DeCarloeBob EnslerePat Hille Dr. Judith GarciaeJayne KuppermaneStormet Norem
Lena RahmingeDale SugermaneKai Zhang
-.-4IW
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SISTFR
C I T \ F S
IHHRH,liGllld
FACT SHEET
Our Mission
p,om'" P"" 'h""h m,,,,,1 ""p,d. ,,,,,,,,I,,d'o, & '"'P''''''' " '" ,,,,,,,,"""1. om
community at a time.
SI'" C,"~ 'oremoiM,1 i,' 000""'''' "",m dipl,m'" "twm' t\mI ""t~ Md ,t"ogth,ro
p,""",wip' b'_o U.S. Md io"=",,,1 ,"mm"o"i~ '" ioc- ,I,b. "",_"00 ~' ili'
100,1 ",,\. H"dq""rt",d io w"hin,,"O, DC, SI>lm Ci." I,,_iotwl p"'m"" ,,,,,",,,bI'
development, youth involvement, cultural understanding and humanitarian assistance. As an
intemational membership organization, Sister Cities Intemational offlciaHy certifies, represents
and supports partnerships between U.S. cities, counties, states and similar jurisdictions in other
countries to ensure their continued commitment and succesS. The Sister Cities Intemational
network represents nearly 2,500 communities in 132 countries around the world.
Goals
. Develop municipal partnerships between U.S. cities, counties, states and similar
jurisdictions in other nations.
. Provide opportunities for officials and citizens to experience and explore other cultures
through long-term community partnerships.
. Create an atmosphere in which economic and community development can be
implemented and strengthened.
. Create stimulating environments where communities can creatively leam, work and solve
problems together through reciprocal cultural, educational, municipal, business,
professional and technical exchange and projects.
Our History
Sister Cities International
Sister City, county and state affiliations between the United States and similar jurisdictions
around the world began shortly after World War II. They developed into a national initiative
when President Dwight D. Eisenhower proposed a people-to-people program at a White House
conference in \ 956. OriginaHy part of the National League of Cities, Sister Cities Intemational
became a separate, nonprofit corporation in 1967. .In 2006, we celebrate the 50th anniversary of
the citizen diplomacy movement.
Tlte Greater BOYnton Beach 8,' . .
ISter Cllles COl1tl1tiltee
,,, 200'. ",""," ""h "'"_ ., "fiN , . . .
"'''pm., ~-'i", i" 200J. 0" S' , .' "fS,." Cw" '''"'''O/ion" "'d
Conf~i~, "'""'" 'I))'i" ;" 200 ,''''' ('~ "I",,,,","p '"~ Q'f, Cb' ,'~~'Pom'oJ ~ ,
visited QUfu and two delegations fro~ Q:l::~e deb legations, representing ~~~n;~nP;ce ohf h
aVe een Welcomed t B eae, aVe
W . . , """on a",'h ~ f
.' ""''''p", i" S I,,,, O'i" I"" . , OJ.
"'<kI" "'" high "h"", "",,, , "'''~"'' , r"""g A"i'," Sh"",~,
T """''''''''' i,"oo "f Iho ' ~ ~"'~""'''' ~'w '" ""''''''''d '" '. '" on ~"'''''" 'on f",
C"""~ SOh"", Di". , """' :~d <ni,,,, "" h"d. W, '"' """'~". 0" Nigh, G,/[
"W"," "f B,,,,,",, n;,~~d;:'":,;;,, ~".J"k '" ""'N<1, ., ;;::'';;"g .,~ 'he Pm", a",'h
~""''8' Pro",,,",, W,,, b " "'" "'11 ~_ W, " i"d ~' """."", Pro_ f"
B_ "80""on ....'h, : ""'ID"" _""P "'~ 'h, Y,,~"; .'''''''' "'d """"
Wi~ "...,,, """, 'he % ""'op pro_, f" '" "''''' '" ""'"'i . "":"'on Ad"i~"
pmWd, 500 Wh""hm" " di,::t,:;'" P""'do/ion, w, h", '-.J:,;':;" "~""$diPlomacy.
O'y re'''ion<1,ip", ~ """"'of Oofu. W, '" ~ . . "',,"" 30,000"
memberShip is oP~n t:aI! to. de"""",., m,,, 'f '" n,id",,, '" "'" ,"'d,,,,,. "","" OJh" Si""
res! ents of the Greater BOYnton B home cltJzen dIPlomats. Our
eae area.
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V.ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 10/17/06
LAST NAME FIRST NAME 1st CHOICE 2nd CHOICE 3'" CHOICE APPUCATION
I SUBMITTED
Aikens Willie L. Community Redev. 6/20/06
Aoencv Board
Brookes Deborah S. Arts Commission 9/13/06
Buchanan James (Buck) Community Redev. 7/10/06
Aaencv Board
. .
S:ICCIWPIBOARDSIAPPMENTS\Board Vear 2006IAppllcanls Eligible for Appt 10-17-06.doc
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VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Conunission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office Meetinl! Dates in to Citv Clerk's Office
0 August I, 2006 July 17. 2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) [:gJ October 17, 2006 October 2,2006 (Noon)
0 September 6, 2006 Angust 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)
0 AnnoWlcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [:gJ 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 Palm Bay, Florida Bid #23-0-2002 with Aquifer
Maintenance & Performance Systems, Inc. for Well rehabilitation services with an estimated yearly expenditure of
$300,000.00.
EXPLANATION: Procurement Services Division received a request from the Utilities Department to utilize the City of
Palm Bay, Florida Bid #23-0-2002 for the rehabilitation of Wells within the City of Boynton Beach.
PROGRAM IMP ACT: The Utilities Department has been utilizing this contract since January 2004 and has been
successful in rehabilitating numerous Wells throughout the City at a significantly reduced cost. By utilizing this contract
since January 2004, the Utilities Department has saved the City an estimated $500.000.00 dollars.
Well #
7E
I4E
Cost
$75,000.00 - Rehab
15,000.00 - Pump/Motor
75,000.00 - Rehab
15.000.00 - Pump/Motor
$180,000.00 - Total
'Remaining amount of$ I 20,000 will be placed in reserve for Well rehabilitations as needed during the 2006/07 fiscal year.
FISCAL IMP ACT: Funds are allocated in the FY 2006/2007 budget as follows:
Account Descriotion Account Number Amount
CIP R&R Water 403-5000-590-96-02 $ 300,000.;; /)
ALTERNATIVES: Rehabilitation/Replacement of Wells at a significantly higher cost~
Assistant Director of Finance City Manager's Signature
er {hu
Procurement Services
';(f
Department Name
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
MEMORANDUM
Utilities #06-150
Date:
Bobby Jenkins
Ass!. Finance Director
KofiBoateo, U~CI ~_
Director of Utilities ~// .
September 11, 2006
To:
From:
Subject:
Piggy-back City of Palm Bay BidlContract #23-2002
For well Rehabilitation Services
Agenda Item- (next available)
The Utilities Department is requesting that the Procurement Division place on the
next available Commission agenda approval to Piggy-back the City of Palm Bay
BidlContract #23-2002. This piggy-back bid is a renewal statement that extends
the contract until June 5, 2007.
The Utilities Department began utilizing this contract January 2004 and has been
successful in rehabilitating Wells 20E, 22E, 6~7E, 18E, 19E, 21E, 9E, BE, 6W,
5W, 4W, 10E and 13E. 12E is still underwayLThe Utilities Department also has
14E and 7E to complete and estimates are $75,000 per well and $15,000 per
pump and motor.7The department estimates spending approximately $300,000
per year. By utmZing this contract we are able to save money. In the recent past
we went out to bid for Well rehabilitation and possible well reconstruction (new
wells at existing sites). The bids were over $1 million. We have been successful
in rehabilitating existing sites and saving over $.5 million.
Attached please find the original bidlcontract and on-going amendments. Funds
are available in the Renewal and Replacement account 403-5000-590-96-02.
WTR075. Please place this on the next available agenda for approval.
Cc: John Reynolds
Barb Conboy
\
CITY OF PALM BAY
AMENDMENT TO PURCHASE AGREEMENT
BID/CONTRACT # 23-0-2002
n s amendment to the Purchase Agreement for Well Rehabilitation Services
mi de and entered into as of March 8, 2006, by and between the City 'bf Palm
BE I and Aouifer Maintenance & Performance Systems. Inc.
Tt } Agreement entered into on June 6. 2002 as to term, is hereby amended to
I'f1 ,ew the term of Agreement for twelve (12) additional months, with the same
tel ns and conditions with a 2 ~% increase, commencing on June 6, 2006 and
tel ninatlng on June 5. 2007. (Final year an optional five-year agreement).
In he event,this contract term is not the same as the fiscal year end (10/1/05 _
9/: 0106), renewal of this agreement is subject to any required City Council
aj; )roval or ratification and appropriation of funds necessary to make payment to
su :cessful bidder.
,""
Yc J are required to submit your updated insurance certificates naming the City of
PE m Bay as the other insured. These certificates are required to be returned
wi' 1 your acceptance of this notice.
n 3 parties hereto eXElCute this Amendment to become effective as of the date
an I year first above written.
CI "Y OF PALM BAY
12) Malabar Road SE
COMPANY NAME
Aquifer Maintenance &
Performance Systems, Inc.
"
,
Be Jbye Marsala, C.P.M., QPPB
Pl "Chasing Manager .
By:
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NamelTitJe
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Sit natur Date 3" ')" ob
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WELL REHABITITATION SERVIC
Aquifer Maintenance & Performance Systems, Inc. (AMPS)
Pricing effective 6/6106 - 6/5107
Well Servi
pump Serv
Cement w
On Site W
Machine S
pumpM'el
Down hole
Chemical T
Well abaoo
Mobilize, d
Wellhead/pi
Specific Ca
Well Acidlf
Well Davel
Chemical d
Pump Moto
Miscellanec
MlsceUanec
Chlorine Me
Flow Meter
Deep well F
WelllPump
Quarterly v
Raw water
Alrliftwell
Pump test
360 DegreE
Well Drill
DESCRIPTION OF TASK UNIT U.NIT COST
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Cl Rig Per hour $196.67
i. 9 Rig Per hour $132.46
01 : or demolition Per hour $99.~
e' ling Unit Per hour $82.79
h .p Welding Per hour $71 .76
I. lchnician Par hour $77.26
\ deo surveys Per video $551.90
I latment Per hour $248.37
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,ment Per hour $137.96
€ nobillze & cleanup Per well $386.33
mp removal, cleaning and reinslall Per well $1,545.34
I scity test, Before and after'rehabilitation Per hour $132.46
,
II ltionlEPA Par well $1,766.11
C lI1lent and Redevelopment Per hour $132.46
i infection of well after rehabilitation Per hour $248.37
Retrieval Per hour $132.46
IS work 118 needed, normal business hours Per hour $132.46
IS work as needed, non normal businesS Per hour $167.66
ntenance of WellS Per well $248.37
Aaintenance and Calibration Per hour $104.88
Jmp Maintenance Per hour . $182.14
Molor maintenance Per hour $132.46
311 monitoring reports Per Raport $1,103.82
isposal / Per hour $55.19
/ Per hour $132.46
Per hour $137.98
Video Per Video $993.43
Per Foot $35.32
05/19/2005 10:23
3219~23401
CITY OF PALM BAV
PAGE 01
CITY OF PALM BAY
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AMENDMENT TO PURCHASE AGREEMENT
BID/CONTRACT # 23-0-2002
This amendment 10 the Purchase Agreement for Well Rehabilitation Servic ~
made and entered into as of AprilS, 2005, by and between Ihe City of Palm E lY
and Aaulfer Maintenance & Performance SYStems. Inc. .
Th~ Agreement entered into on June 6. 2002 as to term. is hereby amendec to
renew the .term of the Agreement for twelve (12) additional months, at a new r te
to include a 2 ~% increase as allowed for in the proposal documer:s,
commencing on June 6. 2005 \,nd terminating on June 5. 2006. (Fourth yeal of
an optional five-year agreernent).
In the event t~is contract term is not the same as the\fiscal Y€lar en.q (1Q/1/C ~ -
9/30105), renewal of this agreement is subject to any required City COUl eil
approval or ratification and appropriation of funds necessary to make paymen to
successful bidder.
"".
You are required to submit your updated insurance certificates naming the CII) of
Palm Bay as the other insured, These certificates are required to be returr ~d
with your acceptance of this notice.
The parties hereto execute this Amendment to become effectil.(e as of the d Ite
and year first above written.
CITY OF PALM BAY
.120 Malabar' Road SE
I
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COMPANY NAME
Aquifer Maintenance &
Performance Systems, I, c.
Bobbye Marsala, C,P.M., CPPB
Purchasing Manager
8Y~UI' ~CJ-
. me/Title
4\K\J\
Signature I Date
&bbl'!7~ O.c..
Si9natu_~Date </. I - 0'"
Cq.
P_-lt" Fax Note
To
7671 0...
t\;:> Prom ~
PhOne It
Phone .
05/19/2005 10:23
3219523401
\
CITY OF PAlM BAY
WELL REHABlnTATION SERVICES
Aquifer Maintenance & Performance Systems, Inc. (AMPS)
Pricing effective 616/05 - 615106
.
DESCRIPTION OF '1IASK UNIT UNIT CO:
Well Sarvice Rig Par hour $193.84
Pump Service Rig Per ho.ur ~129,23
Cement work or demolition Per hour $96.92
On Site Welding Unit Per hour $80.77
Machine Shop Welding Per hour $70.01
pumplWelllechnician Per hour $75,38
Down hole video surveys Per video $538.44
Chemical Treatment Per hour $242.31
Well abandonment Per hour $134.61
Mobilile. demoblllle & cleanup , Per well $376.91
Wellheadlpump removal. cleaning and reinstall Per well $1,507.65
Specffic Capacity test. Before and alter rehabilitation Per hour $129.23
Well Acidification/EPA Per well $1,723.03
Well Developmenl and Redevelopment Per hour $129.23
Chemical disinfection of well alter rehabilitation Par hour $242.31
Pump Motor Retrieval Per hour $129.23
Miscellaneous work as needed, normal business hours Per hour $129.23
MiscellaneoUS work as needed, non normal business Per hour $183.08
Chlorine Mainlenance of Wells Per well $242.31
Flow Meter Maintenance and Calibration Per hour $102.32
Deep well Pump Mainlenance Per hour $177.70
Well/Pump /Mbtor maintenance Per hour $129.32
Quarterly well moniloring reports , , Per Report $1.076.90
Raw water disposal T Per hour $53.84
Airlift well , Per hour $129.32
Pump test Per hour $134,61
360 Degree Video Per Video $969.20
Well Drill Per Foot $34.46
City of Palm Bay Contract N23-0.2OQ2
PAGE 02
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1-12-204 12,S2PM
FROM AMPS. INC_ 156149429<14
P_ 1
AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS
7146~averhjJI Road- West Palm Beach.FL 33407" 561-494-2844
JanWU')' t 2, 2004
,
City ofBoyntooBeac:h
5469 West BoyntoJl Beach Blvd. __
Boynton Beach, FL 33437
Attn: Bob Kenyan
Be: CITY OF PALM BAY CONTRACT #23-&-2002
,~.
Aquifer Maintenance & Pmorman"" Systems, Inc. (AMPS, inc.) agrees to allow the City
of Boynton Beach to piggybaCk our existing contract with the City of Palm Bay (contract
#23-0"2002) with the sarnetcrms, conditions, speci~ions & pricing.
If you have any questions /loom the above information or if we may be of any further
assistance please don't hesitate to call. Thank you.
~Q,
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FOR YOUR TOTAL PUMP AND WELL FIELD NEEDS
\
CITY OF
fALMBAY
,.
FLORIDA
120 MALABAR ROAD SE, PALM BAY, FL 32907-3009
(321) 952-3400
INVITATION TO BID
ITB #23-0-2002/GG
Date: May 1, 2002
REQUESTING DEPARTMENT:
Ci~ ethb~
Purchasing & Contracts Division
120 Ma,abar Rd., SE
Palm Bay, FL 32907
YOU ARE INVITED TO BID PRICE AND DELIVERY ON THE FOLLOWING ITEM:
WELL REHABILITION SERVICES
SECTION 1 - BID INFORMATION
1.1 The City of Palm Bay (hereinafter referred to as "City'') is requesting sealed bids for the purpose of obtaining
Well Rehabilitation Services
1.2 BID DUE DATE &TIME: TUESDAY, May 21, 2002 AT 2:00 PM. Bid packages sball be mailed or hand-
.~=y~~.~f.=r:~e\~~~bt~l~~y~~:r.~:~:~lS;
opened at City Hall iminediatt;ly after bid close. Bids received after the specified time and date will not be
accepted. The City will not bi responsible for mail delays. late or incorrect deliveries. The time/date stamp
located in the Office ofPurch3sing & Contracts Division will be the official authority for determining late bids.
1.3 All bid sheets and required attachments must be executed and submitted in a sealed envelope. Bidder shall
. I ." '. ,'", .,-:'
mark bid envelope, Ja#2J"'3~, Well. R~iIltlitl..l'~es. Bidder's name and return address
must be clearly identified on the outside of the envelope.
1.4 These documents constitute the complete set of terms and conditions, specification requirements, and bid forms.
Any additional information should be attached to this bid format, or the bid may be disqualified. Bid Sheet( s)
with an original signature, signed by an authorized company representative, must be submitted to validate the
bid price. '
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Well rehabilitation Services
ITB # 23-0-2002jGG
1.5 Biddershall submit three (3) complete sets (one (1) original (marked "ORlGINAL"), and two (2) copies) of
their bid, complete with all supporting documentation. Bids submitted by facsimile, (fux) or electronically will
N?T be ~ccepted. Submittal ?f a bi~ in r~onse to this Invi~tion to Bid co~titUtes an o.ffer b?, the Bidder.
Bids, which do not comply With these reqwrements. may be rejected at the option of the City. It IS the bidders
responsibility to insure that Bid submittals are in accordance with all addendums issued. Failure of any Bidder
to receive any such addendum or interpretation shall not relieve such bidder from its tenns and requirements.
Addendums are avaHable Online at htto://www.demandstar.com.
1.6 Bids not submitted on the enclosed Bid Form shall be rejected, unless stated otherwise in the bid documents.
If a Bidder wishes not to submit a bid, complete and return the "NO BID RESPONSE" form on page 11.
1.7 A "Check Sheet" is provided, page 15, to assist Bidders in submitting the required documentation for bid
consideration. The check sheet does not relieve bidders of the responsibility of reading, understanding, and
submitting any documentation that may be required elsewhere within this bid document.
1.8 "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
;
crime 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,. subcontiactor, oreonsilltant under a contract ~th any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.0 I 7 Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor List."
1.9 INDEMNIFICATION STATEMENT - By submitting a bid document signed by an authorized agent of the
contractor, bidder acknowledges and accepts the tenns and conditions of the following Indenmification
Statement in the event of contract award:
For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Contractor sha1l indemnify, hold harmIess and defend the City of Pahn Bay, its officers,
agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim
or actions, of whatever type, including but not limited to attorney's fees and Suit costs, for trial and appeal.
which the City ofPahn Bay, its officers, officials, agents, officials representatives or employees or any other
person(s) or business entity(is) who may hereafter sustain, incur or be required to pay, arising wholly or in part
due to any act or omission of Contractor, its agent(s), vendors, subcontractor(s), representatives, servants, or
employees. in the execution, performance or non performance or failure to adequately perform contractor's
obligations pursuant to this co~ct.
1.10 DlSCRlMINA TION STATEMENT: 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 consilltant under contract with any public entity. and may not transact business with any
public entity.
1.1 I COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: The submission of this bid
in response to the Invitation to Bid constitutes a contractual agreement, at the option of the awarded contractor,
for the same prices, tenns and conditions, to other governmental agencies, political subdivisions, counties and
cities. Each governmental agency desiring to accept thi~ bid shall do so independently of any other
governmental agency. Each agency shall be responsible for its own purchases and shall be liable only for
materials ordered and received by it, and no agency, political subdivision, county, or city assumes any liabilities
by the use of this bid.
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Well rehabilitation Services
ITB # 23-0-2002/GG
1.12 PRO'ffiSTS: Any individual or firm who feels that they were adversely affected by the City ofPahn Bay with
respect to the award of any bid shall file, with the Purchasing Agent, a written notic-e of protest within seventy-
two (72) houTs after notice of consideration to award. The "Notice of Consideration To Award" for this bid
shall be posted at least seventy-two (72) hours in advance of the award, on the bulletin board located in the
main lobby of the City Hall building at 120 Malabar Road SE, Palm Bay, FL 32907. The City's procedures to
resolve the protest are based on the City of Palm Bay Management Policy and Procedures, Section 22.7, City
Purchasing, for Bid Protest Procedures. Copies of this document can be made available by contacting the
Purchasing & Contracts Division.
1.13 RESPONDENTIRECOMMENDATION OF AWARD INFORMATION: The Notice of Award for
Bids/Proposals, Bids/Proposals currently available, and Bid Tabulation sheets are Online. Web Page Address
htto:llwww.palmbavflorida.org. under the Purchasing Department and also at htto:llwww.demandstar.com.
Bidders, who do not have Internet access, may request a copy of the bid tabulation by enclosing a stamped, self-
addressed envelope with the bid response.
SECTION 2 - SCOPE OF WORK
2.1 Production well rehabilitation is performed on an as needed basis. It is required that the Contractor contact
the Water Treatment Plant for scheduling and site visits prior to starting work.
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2.2 Scope of work for rehabilitation is to include:
A. Mobilize and demobilize well and cleanup.
B. Wellhead and pump removal, cleaning and reinstallation of existing or new.
C. Specific capacity test (with existing pump) before and after rehabilitation.
D. Well acidification - E.P.A./Well field protection approved cheniica1s. Contractor must submit a
list of all chemicals and the process's to be used, in addition to MSDS sheets. All chemicals used
shall be in accordance with all Federal, State and local guidelines and used per EP A directions.
Disposal of containers shall not be permitted on site and must be disposed of in accordance with
EP A guidelines.
E. Well development and redevelopment
F. Disinfection of well after rehabilitation. Contractor shall provide procedures for acid and chemical
treatment to the well for approval, prior to the work being performep.
G. PurnptMotor Retrieval.-
H. A copy of any well reha,bilitation down hole video taping (both pre and post well rehabilitation)
shall be provided to o~er after each well rehabilitation.
1. An estimate of entire mell rehablproj ect shall be submitted before an issuance of a purchase order.
2.3 Chlorine Maintenance will be performed on an individual basis as determined by the monthly trend data
available at the time, or as determined by the water plant chief operator. The chlorine is to be injected
under pressure down into the well.
2.4 Flow Meter maintenance and calibration shall be performed by the contractor as determined by the utility. If
it is determined that meter calibration is off, meter maintenance will be performed as needed. Contractor
shall send meter to the manufacturer for calibration prior to reinstall.
2.5 Deep Well Pumps at the Wastewater Plant shall be pulled, ~spected and basket strainers cleaned on a semi-
annual basis or as deemed necessary by the utility Maintenance Supervisor.
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Well rehabilitation Services
ITB # 23-o-2002IGG
2.6 Equipment - Equipment for RIO, well, and pump maintenance I emergencies shall be available within 24
hours oT notification of any problem as detennined by Utility Maintenance Sup~sor,
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2.7 The Contrac1or will submit a copy of the original invoice for any material purchases. This will include but
not be limited to pumps, motors, valves, piping, and any ancillary material needed 10 accomplish the task.
2.8 Contrac1or will assist with any weIll pump I motor maintenance within the Utility facilities as determined
by the Maintenance Supervisor, . This will include pulling pumps such as V DC, ClelUflwell, RIO, and High
service pumps. The contrac1or will also assist in pulling motors as needed, and assist in troubleshooting
various problems with the system.
2.9 Work completion - all well rehabilitation/maintenance work shall be completed within 30 days of the start
of the rehabilitation purchase order issuance unless an emergency situation arises as detennined by Water
Plant Chief Opera1or or Maintenance Supervisor. AIl required work should be performed or discontinued at
the determination of the Water plant Chief Operator or Maintenance Supervisor
2. lOA quarterly report will be generated for each well specifying and graphing GPM, draw downs, static and
annual report will also be required tcPshow entire well perfonnance for each calendar year.
2.11 Contractor is responsible for all necessary warning signs to be po~ted at work site. Contractor will also be
responsible for the proper storage of all materials and restoration of site prior to leaving project.
Maintenance supervisor will need to sign.offthat the restoration has been completed 10 the satisfaction of
the owner.
2.12 The Utilities Water Treatment Plant laboratory will run all baCterial sanlples.
2.13 Contrac1or must conimimicate with Supervisor at the Water Treatment Plant Maintenance before project(s)
begin 10 detennine work schedule of each well. The contrac1or will also check in arid out with the
Maintenance Supervisor on a daily basis and provide a status report for the current projects
2.14 The City wishes 10 contract with a contractor that will be available 10 perform this work on an annual basis
as needed. Schedule of Pricing list includes breakdown of each service reqUired. Vendor is to submit unit
price for each service and/or product.
SECTION 3 - CONlRACf TERM
/
3.1 The initial contract period witlbegin as of the date on the Notice of Award and will continue for a twelve (12)
month period thereafter. The' contract agreement may be renewed for an additional four (4), twelve (12) month
period, not 10 exceed a 1o~ of five (5) years and is contingent upon annual funding avaiIability. The contractor
will provide the percent of increase for items 1 tbrough28 for year 2,3,4 and 5 on Bid sheet number 2.
3.2.
,
This agreement may be tenninated at any time by either party. A thirty (30) day written notice 10 the other
party will be required.
3.3 The bidder shall be responsible for reading very carefully, and understanding completely, the requirements
and the specifications of the items bid upon. Any deviation from specifications listed herein must be clearly
indicated, otherwise it will be considered that items offered are in strict compliance with these
specifications, The successful bidder will be held resp'?n8ible therefore; deviations must be explained in
detail on an attached sheet{s) and itemized by number. Any item(s) that does not meet City
specifications upon delivery will not be accepted and if the item cannot be brought up 10 specifications in a
4
well rehabilitation Services
ITB # 23-0-2002/GG
reasonable time, the bidder will be
going to the neXt qualified bidder.
required to compensate the City for the difference in price entailed in
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SECTION 4 - STANDARD OPERATING PROCEDURES (SOP'S)
4.1 The contractor shall provide SOPS for the following processes:
a. Well Acidification
b. Well Disinfections
c. Well Redevelopment and well development- Also include what redevelopment process and techniques
currently used in well rehabilitation, i.e., air development, chemical addition, etc. These mayor may
not be used depending on the needs of each individual well. (SOP's shall be provided for each
individual process).
d, Well Reconstruct Process - This process includes screen removal, cleaning out borehole, screen
installation, gravel pack installation etc..
e. Well Drilling
f DOWll hole and 360 degree video survey
g. Chemical treatment
h. Well abandonment
1. Wellheadl pump removal, cleaning and reinstall
J. Specific Capacity teSt
Ie. Cnemical disinfection of well after rehabilitation
I. Chlorine Maintenance of wells
m. Airlift well
n. Well drilling
SECTION 5 - BIDDER QUALIFICATIONS
A. Bidder must provide Qualifications and current certifications in the following areas:
5.1
Minimum 10 years experience in commercial/industrial well drilling, rehabilitation, and troubleshooting various
well water system problems.
Certification in the application, installation and service and repair of water-specialties propeller, turbine and
ultra mag meters.
Certification in submersible motor application, installation al1d maintenance
Certified welder
State of Florida Water Well C7htractors license
SECTION 6 - WARRANTY
5.2
5.3
5.4
5.5
6.1 The product shall have~ufacture's warranty against defective material, workmanship and failure to perform
in accordance with required performance criteria.
6.2 Bidders shall provide all warranty infonnation with bid submittal.
6.3 All equipment supplied shall contain complete maintenance instructions.
SECTION 7 - QUANTITIES:
7.1 The City reserves the right to increase or decrease total quantities as required. A minimum is not guaranteed.
SECTION 8 - INVOICES:
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Well rehabilitation Services
ITB # 23-0-2002/GG
8.1
Invoices for payment shall be sent to the Accounts Payable Dept., City ofPaIm Bay, 120 Malabar Road SE,
Palm Bay, FL 32907.
"
SECTION 9- INFORMATION:
9.1 Questions concerning the Bid or for further information, please contact Gary Garrison, Purchasing Contract
Administrator at (321) 952-3424.
9.2 No interpretation or change to the meaning of the Invitation to Bid will be made to afiy Bidder orally, except
by written addendum.
9.3 Bid information is also available on the City's Homepage at www.oalmbavfloridaon!.
6
well rehabilitation Services
ITB # 23-0-2002/GG
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WELL REHABITITATION SERVICES
BID SHEET NO.1 OF 3
ITB# 23-0-2002
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TASK NO. UNIT DESCRIPTION OF TASK BID PRICE
1 Per hour Well Service Rig $ l~
.
2 Per hour Pump Service Rig $ 12D~
3 Per hour Cement work or demolition $ ~
4 Per hour On Site Welding Unit $ 1$\9-
,!/,
5 Per hour Machine Shop Welding $ lRS~
6 Per hour Pump/Well technician $ :ro<e.
7 Per video Down hole video surveys. 'iK~ ~ $ 5f:i).
8 Per honr Chemical Treatment $ 225<&
9 Per hour Well abandonment $ 125(1,1. I
10 Per well Mobilize, demobilize & cleanup $ ~SO~
11 Per well Wellhead/pump removaI, cleaning and reinstall, . $ \'l4Q)~
12 Per hour Specific Capacity test, Before and after rehabilitation $ lID<&,
. . ..
13 Per well Well Acidijication/EPA $ 1'1 (IX:)'" I
,
, 12Q~
14 Per hour Well Deyelopment and Redevelopment $ \
15 Per hour Chemital disinfection of well after rehabilitation $ 27.S<I;. 2:
16 Per hour Pump Motor Retrieval $ \W~ \
17 Per hour Miscellaneous work as needed, normal bnsiness hours $ \ Jj) uJ.. I
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Submitted by:
Authorized Signature
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Well rehabilitation Services
ITB # 23-0-2002/GG
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TASK NO. UNIT DESCRIPTION OF TASK BID PRICE
,
18 Per hour Miscellaneous work as needed, non normal business $ 110~
19 Per well Chlorine Maintenance of Wells $ 27.S'8-
20 Per hour Flow Meter Maintenance and Calibration $ ClSI6a-
21 Per hour Deep well Pump Maintenance $ llo5~
,
22 Per hour WeIllPump /Motor maintenance $ IZOre .
23 Per Report Quarterly well monitoring reports $ Il$fS~
24 Per hour Raw water disposal . $ SD'"
25 Per hour Airlift well $ 120.....
26 Per hour Pump test $ 125~ I
27 Per Video 360 Degree Video $ C1(X)U!.
28 Per Foot Well Drill $ 31.~
.
29 Percent Percent of Mark up for parts supplied and installed IS~2 Ojo
, , , TOTAL COST (LINE 1 THROUGH LINE 28) $ 61'5D~
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CgNTRACTOR MUST BID ON ALL ITEMS
WELD REHABITITATION SERVICES
BID SHEET NO.2 OF 3
ITB# 23-0-2002
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PERCENtAGE INCREASE: :j"~r2~year3~ear4 21z. years5 211.
LIST OF CHEMICALS TO BE USED DURING THE VARIOUS PROCESSES:
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ITB # 23-0-2002!GG
well rehabilitation Services
Submitted by:
~ Authorized Signature
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WELL REHABITITATION SERVICES
BID SHEET NO.3 OF 3
ITB# 23-0-2002
In submitting this Bid, Bidder represents as more fully set forth in the agreement, that Bidder has examined copies
of all the contract Documents and of the following Addenda:
Number
Date
Number
Date
Submitted by:
4W~(1M.u.~)
Printed Name & Title
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Telephone
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ITB # 23-0-2002/GG
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lDENTICAL TIE BIDS
fu accordance with Section 287.087, of the Florida State Statutes, preference shall be give 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 State or any political subdivision for the procurement of commodities or coli!tractual services, a bid
received from a business that certifies that has completed a drug-free workplace program shall be given preference in
the award process. Established procedure for processing tie bids will be followed if none of the tied vendors have a
drug-free workplace program. fu 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 prohibitions.
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2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-
free workp1l\ce, any available drug cOlil11Seling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
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3) Give each employee engaged in providing the commodities or contractual senjces that are under bid a copy
of the statement
4) fu the statement specified in subsection (I), notifY the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the tenns 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, Florida Statutes or of any controlled substance law(s) of the United States or any state, 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 c:ertify that this firm complies fully with the above requirements.
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DATE
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CITY OF PALM BAY
AMENDMENT TO PURCHASE AGREEMENT
BID/CONTRACT # 23-2002
This amendment to the Purchase Agreement for Well Rehabilitation Services is
made and entered into as of March 18.2003. by and between the City of Palm
Bayand Aquifer Maintenance & Performance Svstems Inc..
The Agreement entered into on June 6. 2002 as to term, is hereby amended to
renew the .tenm of the Agreement for twelve (12) additional months, at the rate of
2.5% on 'each item per the bid sheets, commencing June 6. 2003 and
terminating on June 5. 2004. (~econd year of an optional 5-year agreement).
In the event this contract term is not the same as the fiscal year end (10/1/02 -
9/30/03), renewal of this agreement is subject to 'any required City Council
approval or ratification and appropriation of funds necessary to make payment to
successful bidder.
You are required to submit your updated insurance certificates naming the City of
Palm Bay as the other insured. These certificates are required to be returned
with your acceptance of this notice.
The parties hereto execute this Amendment to become effective as of the date
and year first above written.
CITY OF PALM BAY
120 Malabar Road, SE
Palm Bay, FL 32907
COMPANY NAME:
Aquifer Maintenance &
Performance Systems Inc.
Bobbye Marsala, C.p.M.
Purchasing Manager
"fnhht ~ 3-)'2,~~3
Signature Date
By:
J~~ ~\~ Cft~1-
NameffiUe
~\2olcJ')
\
CITY OF
PALl\I1
BA V
.' FLORIDA
120 MALABAR ROAD. $.E. . PALM BAY. FLDRIOA 329Q7.JOO9 . (321) 952-3400
Visit our website at: http://www:palmbayflorida.ofg
June 25, 2002
Aquifer Maintenance & Performance Systems, Inc.
Mr. Jim Murray, President
7146 Haverhill Road
West Palm Beach, FL33407
RE: City of p'alm Bay Bid #23-0-2002
Well Rehabilitation Services
Dear Mr. Murray:
The City of Palm Bay City Council on June 6, 2002, awarded'the above referenced bid to your
company in full accordanCe with lhe terms, conditions and specifications as stipulated in the
bid/proposal document.
Please sign below as acceptance of this Notice of Award and return it to the City of Palm Bay
Purchasing & Contracts Division, 120 Malabar Road, SE, Palm Bay, FL 32907. Two original copies
have been provided; please keep one copy for your file.
Deliveries or contractual performance shall not commence until authorization is given by issuance of
a Purchase Order either verbally and confirmed in writing or by receipt of a Purchase Order
document.
You are required to submit your updated insurance certificates naming i1ie City of Palm Bay as the
other insured. These certificates are required to be returned with your acceptance of this notice.
We appreciate your interest in the City of Palm Bay and look forward to future contact with your
I
company. .I
Sincerely,
CITY OF PALM BAY
~obb?-~
Bobbye Marsala, C.P.M.
Manager, Purchasing & Contracts Division
Aquifer Maintenance & Performance
Systems, Inc.
\
well rehabilitation Services
ITS # 23-o-2oo2/GG
STANDARD INSURANCE REQUIREMENTS
The Certificate of insurance should be made to the City of Palm Bay, 120 Malabar Rd. SE, Palin Bay FL 32907 and should
th . . \
reference e operanon.
Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written
notice shall be given to the City of Palm Bay.
The Risk Manager prior to the commencement of any work shall approve all Certificates of insuranc&.
Minimum coverage with limits and provisions are as follows:
A. Commercial General Liabilitv: The contractor shall provide minimum limits of $1,000,000.00 each occurrence,
$1,000,000.00 annual aggregate combined single limit for bodily injury and property damage liability. This shall include
premises/operations, independent contractors, products, completed operations, broad form property damage, personal and
advertising injury, and contractual liability, specifically confirming and insuring the indemnification and hold harmless
clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance
maintained by the City of Palm Bay and shall name the City ofPaIm Bay as an additional insured. The policy of insurance
shall be written on an "occurrence" form.
B. Automobile: Contractor shaIl p~ovide m;n;mnm limits of liability of$I,OOO,OOO.OO each accident, combined single limit
for bodily injury and property damage. This shall include coverage for: .
. Owned Automobiles
. Hired Automobiles
. Non-Owned Automobiles
C. Umbrella! Excess Liabilitv: Contractor shall provide umbreIlalexcess coverage with limits ofno less than $1,000,000.00
eXcess of Commercial General Liability, Automobile Liability, Employers Liability.
D. Workers' Comoensation: The contractor shall provide and maintain workers' compensation insurance for all employees
in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Said policy JIRlSt
include Employers' Liability insurance with limits of no less than:
. Each Accident
. Disease - Policy Limit
. Disease - Each Employee
$ 100,000.00
$ 500,000.00
$ 100,000.00
Contractor shall further insure that all of its sub-contractors maintain appropriate levels of workers' compensation
insurance. !
/
i
E. Other Insurance Provisions: The City of Palm Bay is to be specifically included on all certificates of insurance (with
exception to Workers Compensation) as additional insured. All certificates JIRlSt be received prior to connnencement of
service/work. In the event tq~ insurance coverage expires prior to the completion of this contract, a renewal certificate
shall be issued thirty (30) days prior 0 said expiration date. The certificate shall provide a thirty (30) day notification
clause in the event of cancellation or modification to the policy.
Deductible Clause - Contractor to declare self-insured retention or deductible amounts.
All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless
otherwise specified, it shall be the responsibility of the contractor to insure that all subcontractors comply with the same
insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature
of the project. City reserves the right to accept or reject the insUfance carrier.
12
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Well rehabilitation Services
ITB # 23-0-2002/GG
STANDARD TERMS AND CONDmONS
QUALITY - Any manufacturer's name, trade name, brand name or catalog establishing general qlllllity levels. Such references
are not intended 10 be restrictive. Bids will be cObsidered for any brand, which meets or exceeds the quality of the specifications.
F.O.B. POINT - Products are to be shipped F.O.B. to the department and address as identified on Purchase Orders.
INVOICES - Invoices should be sent in duplicate to the City of Palm Bay, Accounts Payable, 120 Malabar Road SE, Florida,
32907-3009. It is understood and agreed that orders and services shall be shipped and performed at the'~stablished contract prices.
Invoicing in variance with this will subject the contract to cancellation.
INFORMATION AND LITERATURE - Bidders are to furnish all information and Iiierature requested. Failure to do so may
be cause for rejection.
TIME FOR CONSIDERATIONS - Bids will be irrevocable after the time and date set for the opening of bids and for a period
of ninety (90) days thereafter.
ACCEPTANCE AND-REJECITON - The City reserves the right to accept or reject any and all bids, and to accept the bid which
best serves the interest of the City of Palm B~y. The City may award sections individually or collectively whichever is in its best
interest, unless the bidder only intends to bid for ilil: contract in its entirety.
NON-DISCRIMINATION - The successful bidder will comply with all f~era1 and state requirements concerning fair
employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap.
DEVIATION FROM SPECIFICATION - Any deviation from specifications must be clearly stated and explained in detail.
Otherwise items offered are expected to be in strict compliance with specifications and the successful bidder shall be held
accordingIy.
SAFETY STANDARDS - Items furnished shall meet all requirements for The Occupational Safety and Health Act (OSHA),
federal, state and local requirements of appropriate safety standard organizations.
SAMPLES - When requested, samples must be furnished as called for, free of expense to the City. Bidder's reqnest for retmn of
samples must be in writing with submission of their samples. Retmn shipping costs will be the responsibility of the bidder. Each
sample shall be labeled individnally with the bidder's name and address.
CANCELLATIONS - This contract shall reJ:llllin in effect at least ninety (90) days from effective date. After this period, this
contract may be canceled in whole or in part by either party upon thirty (30) days written notice to the other party.
AWARD - Award shall be made to the responsive and responsible bidder whose bid is most economical according to the criteria
designated in the solicitation. .I
/
ASSIGNMENT - Neither the contract por payment due may be assigned except with prior approval of the Purchasing Department
of the City of Palm Bay.
PATENTS AND COPYRIGHTS ~ The contractor agrees to hold harmless the City of Palm Bay, its officers, agents and
employees from liability of any kind, including cost and expenses, with respect to any claim, action, cost or judgement for patent
or copyright infringements.
CONFLICT OF INTEREST - The bidder certifies that this bid has not been arrived at collusively or otherwise in violation of
federal, state or local laws.
INFORMALITIES - The City of Palm Bay reserves the right to waive any informality in bids.
.\
fAX EXEMPTIONS - The City of Palm Bay is tax exempt. Our "tax-exempt number is I5-I6-049825-54C.
13
well rehabilitation Services
ITB # 23-o-2002/GG
pRICING _ If a-unit price, when extended, is obviously in error, the incorrect extended price will be disregarded.
TRAINING _ Unless otherwise specified, suppJi.er(s) may be required, at the convenience of and'at no expense to the City, to
provide training to CitY employees in the operatibn and maintenance of any item( s) from the bid.
INTERPRETATIONS _ Any questions concerning conditions and specifications shall be directed to the designated buyer. Those
interpretations, which may affect the eventual outcome of this bid, will be furnished in writing to all prospective bidders. No
interpretation shall be considered binding unless provided in writing by the City of Palm Bay.
wARRANTY - The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bidlproposa!
shall be covered by the most favorable connnercial warranty the bidder gives to any customer for comparable quantities of such
supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to
the City of Palm Bay by any other provisions of this bid.
14
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VI.-CONSENT AGENDA
ITEM 8.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fann Must be Turned
Meetinl!: Dates in to City Clerk's Office
0 August 1, 2006 July 17,2006 (Noon.) 0
0 August 15,2006 July 31,2006 (Noon) [8J
0 September 6, 2006 August 14.2006 (Noon) 0
0 September 19,2006 September 5, 2006 (Noon) 0
Requested City Commission Date Final Fonn Must be Turned
Meetinll Dates in to Citv Clerk's Office
October 3, 2006 September 18,2006 (Noon)
October 17,2006 October 2, 2006 (Noon)
November 8, 2006
October 16,2006 (Noon)
C""J
November 21, 2006
November 6, 2006 (Noonf:~2
(/)
e.l
4:l
<.0
rv
n--~
-~-<
-<.0
,11
>:~
_.~, -.,
0 Announcements/Presentations 0
NATURE OF 0 Administrative 0
AGENDA ITEM [8J Consent Agenda 0
0 Code Compliance & Legal Settlements 0
0 Public Hearing 0
City Manager's Report
New Business
'2
G)
CO
-,
'J~~
-~r; :.
-rt..........
_f"
C')\:;:>'
\:>1g
Legal
Unfmished Business
":00
::'-~
RECOMMENDATION: A motion to split award "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #033-1411-
06/JA to COMMUNITY ASPHALT CORP., of West Palm Beach, Florida, and to AUSTIN TUPLER TRUCKING,
INC. of West Palm Beach, Florida, with a total expenditure of $50,450.00.
Contract Period: JULY 17,2006 TO JULY 16,2007
EXPLANATION: The City of Boynton Beach is a member of the Palm Beach Co-Operation Purchasing Council,
which solicits competitive bids on behalf of the Co-Op members. Participating entities submit individual requirements
which are combined for total anticipated usage. These totals are used to calculate a firm quantity price. However,
each award is individual due to location, points of delivery and quantity. This item has been to Commission on June 6,
2006, and was solely awarded to Community Asphalt, Corp. of West Palm Beach, Florida. This was an oversight, and
at this time we would like to add Austin Tupler of West Palm Beach, as a split award for Crushed Course Limerock,
Pit Run Shell Rock, and Drainfield Rock Y..
On March 16, 2006, the City of Delray Beach, acting as lead entity for Bid #2006-13 (Co-Op Bid for "Road
Construction Materials") received and opened four (4) proposals, with Community Asphalt Corp. of West Palm
Beach, Florida and Austin Tupler, of West Palm Beach, Florida being the lowest, most responsive, responsible bidder
who meets all specifications for the commodities used by the City of Boynton Beach. Robert Vandeburg, Streets
Maintenance Supervisor concurs with this recommendation for Community Asphalt Corp, (see attached memo #06-
052), and Kofi Boateng, utilities Director, concurs with this recommendation for Austin Tupler, (see attached memo
#06- 19). The schedule of pricing (see attached) is to be awarded individually by eaeh participating entity based on the
addition of a pick-up cost of $.90/mile that should be added to the base unit price for round trip travel miles from each
entities respective garage to the vendor(s) site.
VENDOR /COMMODITY
ANNUAL ESTIMATED QUANTITIES
FOR UTILITIES & PUBLIC WORKS
ESTIMATED
EXPENDITURE
COMMUNITY ASHPAL T CORP.
TYPE III ASPHALT
325 TONS @ 50.00rrON
$.90/ROUND TRIP MILE
(EQUIVALENT TO $81.00rrON)
$26,325.00
RC#70 TAC OIL
50 GALLONS @ $2.50/GALLON
$125.00
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
((
r
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AUSTIN TUPLER TRUCKING. INC.
CRUSHED COURSE LIMEROCK 300 TONS@ $I7.73rrON
$5,319.00
SHELL ROCK 768 TONS @ $I7.00rrON
$13,056.00
DRAINFIELD ROCK 250 TONS @ $22.50rrON
$5,625.00
TOTAL ESTIMATED EXPENDITURE
$50.450.00
PROGRAM IMPACT: This Bid is utilized by Public Works/Roads & Streets aud Utilities to purchase road
construction materials for various repair and replacement applicatious. Seven (7) participatiug eutities submit
individual requirements which are combined for total anticipated usage. These totals are used to calculate a firm
quantity price; however, each award is individual due to locatiou, poiuts of delivery aud quautity.
The provisions of this bid award will allow for a oue (I) year extension at the same terms, conditions, and prices
subject to vendor acceptauce, satisfactory performauce aud determination that the reuewal is in the best interest of
the City.
FISCAL IMPACT: Road Coustructiou Materials are used by various Departments within the City (Utilities and
Roads and Streets). Fuuds are available in several accounts for use by these divisious on an "AS NEEDED BASIS".
STREETS MAINT DIVISION
001-2512-541-53-10
UTILITIES DEP ARTMENT/W A TER REPAIRS
401-2810-536-52-31
UTILITIES DEPARTMNET/SEWER REPAIRS
401-2815-536-52-32
UTILITIES DEPARTMENT/STORM DRAIN REPAIRS
401-2824-536-52-33
ALTERNATIVES: The City could do their own competitive bid, but typically higher quautities result in lower prices
'rom'" ...".. TOm""" Co-o,"';, m." rod offffi",. ~~
City anager's Signature
Procurement Services
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
MEMORANDUM
UTILITIES # 06- 159
RECEIVED
SEP 2 9 ml
PRO~r SERVICES
To:
Bobby Jenkins
Assistant Director of Finance () _
KofiBoateng,P.E. I//\.~~
Utilities Director If\! ~
From:
Date:
September 25, 2006
Subject:
Road construction materials recommendation for award Co-op
Bid #2006-13 "Road Construction Materials"
Agenda Item
The Utilities Department is in receipt of the tabulation sheet for the above
mentioned bid. We recom'mend awarding the crushed course lime rock portion,
pit run shell rock, and drain field rock to Austin Tupler Trucking Inc.
Vendor
Austin Tupler
Austin Tupler
Austin Tupler
Bid Item
crushed lime rock
shell rock
drain field rck
Unit Cost
17.73/ton
17.00/ton
22.50/ton
Usage
300 tons
768 tons
250 tons
Ext. Cost
5,319.00
13,056.00
5,625.00
Funds are available in the various accounts listed below:
401-2810-536-52-31
401-2815-536-52-32
401-2824-536-52-33
Stock for water main repairs
Stock for sewer main repairs
Stock for storm drain repairs
If you have any questions please contact me at extension 6401.
KB:hs
Attachments
CC: Michael Low
Dan Spooner
Barb Conboy~ q-,Zft"
Les Sarkkinen
John Wylie
Dan Derringer
lRAY BEACH
-
-Ainerlca City
III J!
:ITY DF DEllAY BEREH
100 N.W. 1st AVENUE
OELRAY BEACH, flORIDA 33444
561/243-7000
March 22, 2006
RECEIVED
MAR 2 3 2006
PROCUREMENT SERVICES
1993
2001
Members of the PallJl Beach
County Cooperative Purchasing Council
RE: Bid #2006-13 - Co-op Bid "Road Construction Materials"
Dear Members;
As the City of Delray Beach is,the lead entity for this CCH>p Bid, attached you will find the "Tabulation of
Bid" sheets and copies of all original bids received in Purchasing on Thursday, March 16, 2006.
The schedule of pricing for Pick-up Prices will be awarded individually by each participating entity based
on pick-up cost of $.90 per mile that each entity will add to the unit price for round-trip travel miles from
their respective garage to the vendor(s) site. (Note page 7, Section I "Pick-up Price" of the bid
specifications).
.
The schedule of pricing for Delivered Prices will also be awarded individually by each participating entity.
Entities which requested Delivered Prices are as follows: Solid Waste Authority, City of DelmyBeach,
City of Boynton Beach, City of Boca Raton, City of Green acres, City of West Palm Beach, City ofDeerfield
Beach. See attached tabulation of bid sheets for each entities individual pricing sheet.
If you have any questions please contallt me at (561) 243-7163.
/
:~:::I:~F?~'
Purchasing Manager '
Attachments
Cc: Joseph Safford, Finance Director
City of Boca Raton
City of Boynton Beach
Solid Waste Authority
City of Green acres
City of West Palm Beach
City ofDeerfield
~ITY DF DELRAY BEA[H
DELRAY BEACH
~
Ail-America City
, , II J! Austin W. Tupler, Vice President
Austin Tupler Trucking, Inc.
1~3 .
2001 3359 Belvedere Road, SUIte G
West Palm Beach, Florida 33406
100 N_W. 1st AVENUE
July 17, 2006
DELRAY BEACH. FLORIDA 33444
561/243-7000
RE: Bid #2006- 13 Road Constnlction Materials
Co-op Bid - Annual Contract
Dear Mr. Tupler:
The Delray Beach City Commission, on July II, 2006, approved the award of the Co-op Bid for Road Construction
Materials to various vendors. Term of the Contract shall be from July ]7,2006 to July 16,2007. Item(s) shall be
ordered via individual purchase orders and/or blanket order releases for the term of the Contract from each
participating entity of this co-operative bid.
Item(s) awarded to your company for the City of Delray Beach are as follows:
Pick-uo Materials - Grauo B - Non AsohaIt - Item #(s):
Best Mason Sand @ $ 16.00 yard
DOT Crush Rock Non-Certified @ $9.33 ton
Please submit to the my attention, City of Delray Beach, Purchasing Division, the required Certificate of Insurance
as specified in the specifications.
We thank you for your bid response and interest in the Palm Beach County Co-operative Purchasing Counci I. If you
have any questions in regard to this matter. please call me at (56]) 243-7163.
Sincerely,
~~~r
Purchasing Manager
cc: Joseph saffo~ance Director
Solid Waste Authority
City of Boynton Beach
City of Greenacres
City of West Palm Beach
City ofDeerfield Beach
City of Boca Raton
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
"
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BID SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
BID #: 2006-13
Ooenina Date: Thursdav. March 16. 2006
BID TITLE: Co-op Bid for Road Construction Materials _ Annual Contract
COMPANY NAME: AUSTIN TUPLER TRUCKING, INC.
DATE: 3/14/06
NAMElTITLE:
AUSTIN W. TUPLER. Vice President
ADDRESS:
3359 Belvedere Road, Suite G
CITY
West Palm Beach STAtE FL
ZIP CODE
33406
FEDERAL TAX I.D. #:
561
954
59
1426412
478-8680
583-0801
TELEPHONE: l
J
FACSIMiLE
l
561
954
J
478-8932
583-0844
"SmNA~~
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME:
TELEPHONE: (
GLEN TUPLER
954
)
583-0801
24
SCHEDULE OF PRICING
BID #2006-13
PICK-UP MATERIAL
ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES.
(FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE
SAME AS THOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS
Item
Estimaled Olv
PICK-UP PRICE
1. Type S-I AsphaII
400 Ions
$ No Bid
Iton
2. Type II Asphalt
1350 tons
$ No Bid
Iton
3. Type III Asphalt
1120 tons
No Bid
$.
Iton
4. Cold Patch Asphalt
425 Ions
$~o B i <!.__.--'ton
5. RC#70 Tac Oil
3125 gals
$ No Bid
._/gal
6. Permanent Cold Patch
(Ready Road Repair or equivalent)
320 Ions
$ No Bid .._--'ton
Permanent Cold Patch
55 lb. pails
200 pails
$ No Bid .~jpaiI
60 lb. bags
250 bags
$ _N()_!.~~__/bag
State precise pick-up location: _~______,____~________.
-~_..~---~.,--..---------_._~.~.
--------~....-----_.._---_.__.,. --_.---
.__.,._,-_._-_.,~-------
~-_._--- -_._---~------- -------
-_.._---_._---,._-~."_._--~
-- ----- --~--~- ---- -- -------
Schedule of Pricing continued nexl page...
14
Schedule of Pricing Continued...
PICK-UP MATERIAL
ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIEs.
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE
SAME AS THOSE SPECIFIED BEWW)
GROUP B: ROAD MATERIAL. NON ASPHALT
Item
Estimated Otv
PIq-UP PRICE
I. Crushed Course Limerock
1400 tons
$
9.33
/ton
2. Pit Run Shell Rock
1000 tons
$
10.15
/ton
3. Draintield Rock 3/4"
750 tons
$
16.03
/ton
4. Best Mason Sand
11 0 tons
$
16.00
/ton
5. dean FiJI Dirt
200 yards
$
4.20
Iyard
6. Precast Car Bumpers w/pins
440 eacb
$ No Bid
leacb
7. Crushed Recycled Concrete
1800 cu. yd.
$ No Bid
leu. yd.
8. DOT Crush Rock
(non-certitied)
1600 tons
$
9.33
/ton
9. #57 Rock
250 tons
$
16.03
lton
Stateprecisepick-upIocation: 1. White Rock South - N.W. 41s't St, West of Turnpike
2. Palm Beach Aggregates - DOT Section 913 Base MH - 2ID125 Southern Blvd., Loxahatchee
3. White Rock Main - N.W. l54th St., Okeechobee Road, Miami
4. Palm Beach Aggre,gates - 20125 Southern Blvd., Loxahatchee
5. Palm Beach Aggregates - 20123 Southern Blvd., .Loxahatchee
8. White. Rock South.- N.W. 41st St. West of Turnpike
9. White Rock Main - N.W. 154th St., Okeechobee Road, Miami
Scbedule of Pricing Continued next page...
15
Schedule of Pricing Continued...
DELIVERED MATERIAL - SOLID WASTE AUTHORITY
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE
SAME AS THOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED
Item
Estimated Otv
DELIVERED PRICE
L Type S-1 Asphalt
tons
$ ~~~ 0 B i~ ~..-Jton
2. Type II Asphalt
tons
$
No Bid
Iton
3. Type III Asphalt
tons
$
No Bid
Iton
4. Crushed (recycled) Asphalt
tons
$_No Bid.--.1ton
GROUP B: ROAD MATERIAL.. NON ASPHALT - DELIVERED
Item
Estimated Qtv
DELIVERED PRICE
1. Crushed Course Limerock
tons
$ 20.23 /ton
2. Pit Run Shell Rock
tons
$
16.80
{ton
22.30
..Iton
3. Drainfield Rock %"
tons
$
4. Best Mason. Sand
tons
C.~2}. 80~ton
5. Clean Fill Dirt
yards
$.-:.2~ 5 O. ..Iyard
6. Precast Car Bumpers w/pins
each
$~..Jl.'>.....IJ i d fea.
7. Crushed Recycled Concrete
5000 cu. yd.
$
No Bid fcu.yd.
Schedule of Pricing continued next page...
16
.
Schedule of Pricing Continued...
DELIVERED MA TERrAL - CITY OF DELRA Y BEACH
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING J\ND UNIT OF MEASURE SHOULD REFLECf THE
SAME AS THOSE SPECIFIED BELOW)
GROUP A: RoAD MATERIALS - ASPHAlTS - DELIVERED
Item Estimated O\y DELIVERED PRICE
1. Type Sol Asphalt 250 tons $ No Bid Iton
2. Type n Asphalt 100 tons $ No Bid /ton
3. Type m Asphalt 300 tons $ No Bid It on
4. Crushed (recycled) Asphalt 200 tons $ No Bid Iton
5. Permanent Cold Patch 75 tons $ No Bid Iton
(Ready Road Repair or equivalent)
GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED
Item Estimated Otv DELIVERED PRICE
1. Crushed Course Limerock 1500 tons $ 17.28 /ton
2. Pit Run Shell Rock 500 tons $ 17.65 Iton
3. Drainfield Rock Yo" 700 tons $ 22.53 Iton
4. Best Mason Sand 50 tons $ 25.00 Iton
5 Clean Fill Dirt 300 yards $ 12.50 Iyard
6. Precast Car Bumpers w/pins 150 eacb $ No Bid lea.
7. Crushed Recycled Concrete 1500 cu. yd. $ No Bid leu. yd.
Schedule of Pricing continued next page...
17
Schedule of Pricing cootinued......
DELIVERED MATERIAL - CITY OF BOYNTON BEACH
(FOR YOUR BID TO BE RESPONSIVE. UNIT PRICING AND UNIT OF MEASURE
SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED
Item
Estimated Otv
DELIVERED PRICE
1. Type S-I Asphalt
tons
$~~.!l.i.d._~ton
2. TypeIIAspbaIt
tons
No Bid
$
Iton
3. Type III Asphalt
tons
$ No Bi d
Iton
4. Crushed (recycled) Asphalt
tons
$ No Bid
Iton
GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED
Item Estimated Otv DELIVERED PRICE
1. Crushed Course LImerock 1060 tons $ 17.73 .lton
---.--
2. Pit Run Shell Rock 5000 tons $ 17.00 tons
3. DrainfieId Rock 'j," 1000 tons $ 22,50 ___)ton
4. Best Mason Sand $ 24.00
--.--,,- tons ___~_.__-"ton
5. Clean Fill Dirt yards $ . E.-..S~__Jyard
6. Precast Car Bumpers w/pins each $ No Bid ....)ea.
---,---~ -----....
7. Crushed Recycled Concrete cu. yd. $ No Bid leu. d.
--_..--- ._.__n...__ Y
Schedule of Pricing cootinued next page...
18
,-
Schedule of Pricing Continued...
DELIVERED MATERIAL - CITY OF BOCA RATON
(FOR YOUR BID TO BE RESPONSIVE. UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE
SAME AS rnOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED
Item Estimated Otv DELIVERED PRICE
1. Type S-l Asphalt tons $ No Bid Iton
2. Type II AspOOh $ No Bid Iton
tons
3. Type III Asphalt tons $ No Bid lton
4. Crushed (recycled) Asphalt tons $ No Bid It on
GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED
Item Estimated Otv DI!IJVERED PRICE
1. Crushed COurse Limerock 100 tons $ 16.73 /ton
2. Pit Run Shell Rock 100 tons $ 18.25 Iton
3. Drainfield Rock %" 40 tons $ 22.03 Iton
4. Best Mason Sand 50 tons $ 25.00 /ton
5. Clean Fill Dirt 100 yards $ 12.50 Iyard
6. Precast Car Bumpers w/pins 80 each. $ No Bid lea.
7. Crushed Recycled Concrete ell. yd. $ No Bid leu. yd.
Schedule of Pricing Continued Nellt Page......
19
Schedule of Pricing Continued...
DELIVERED MATERIAL - CITY OF GREENACRES
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf THE
SAME AS TIIOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED
Item
Estimated Otv
DEUVERED PRICE
L Type S-I Asphalt
tons
$
No Bid
Iton
2. Type II Asphalt
tons
$
No Bid
Iton
3. Type III Asphalt
50 tons
$~~~ Bi ~.-'ton
4. Crushed (recycled) Asphalt
tons
$~_ Bid -'ton
GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED
Item Estimated Otv DELIVERED PRICE
L Crushed Course Limerock tons $ 18.48 ..lton
..
2. Pit Run Shell Rock 100 tons $ 16.00 Iton
3. Orainfield Rock 'I." tons $_21.75 ._--'ton
4. Best Mason Sand tons $ 22.75 Iton
5. Clean Fill Dirt 100 yard $ ..> 12.50 Iyard
.---_..~-
6. Precast Car Bumpers w/pfus 100 each. $ No Bid lea.
--......--.
7. Crushed Recycled Concrete cu. yd. $~No Bid......Jcu.yd.
Schedule of Pricing Continued on next page
20
Schedule of Pricing Continued...
,
DELIVERED MATERIAL - CITY OF WEST PALM BEACH
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE
SAME AS rnOSESPEClFlED BELOW)
GROUP A: ROAD MATERIALS - ASPHAL TS- DELIVERED
Item Estimated Otv DElJVERED PRICE
l. Type S-1 Asphalt tons S No Bid Iton
2. Type II Asphalt tons S No Bid Iton
3. Type ill Asphalt 5000 tons S No Bid /ton
4. Crushed (recycled) Asphalt 75 tons S No Bid Iton
Schedule of Pricing Continued on neXt page....
21
Schedule of Pricing Continued .......
DELIVERED MATERIAL - CITY OF DEERFIELD BEACH.
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf THE
SAME AS THOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED
Item
Estimated Otv
DEUVERED PRICE
J. Type S-l Asphalt
tons
$
No Bid
..lton
2. Type II Asphalt
tons
$
No Bid
Iton
3. Type III Asphalt
tons
$
No Bid
Iton
4. Crushed (recycled) Asphalt
tons
$_~~~~jton
GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED
Item
Estimated Otv
DELIVERED PRICE
I. Crushed Course Limerock
1200 tons
$ ~~~2.3__._.jton
2. Pit Run Shell Rock
tons
$
19.50
Iton
3. Drainfield Rock "'''
Tons
$__. 20..98 ....jton
4. Best Mason Sand
1500 tons
$........3.~'OO...........Jton
5. Clean Fill Dirt
1500 yards
$
12.50
Iyard
6. Precast Car Bumpers w/pins
ea.
$ No Bid
lea.
7. Crushed Recycled Concrete
5800 cu. yd.
$ No Bid leu. yd.
22
4
DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors who submit a certification with their
bid/proposalcertifying they have a drug-free workplace in accordance with Section 287.087, Florida
Statutes. The drug-free workplace preference is applied as follows:
IDENTICAL TIE BIDS: 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 State of by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifl9S 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.
As the person authorized to sign this statement, I certify that this firm complies fully with the
following requirements:
1) This firm publishes 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) This firm informs 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) This firm gives each employee engaged in providing the commodities or contractual services
lhat are under bid a copy of the statement specified In subsection (1).
4) In the statement specified in subsection (1), this firm notifies the employees that, as a
condition of working on the commodities or contractual services lhat are under bid, lhe
employee will abide by the terms of the statement and will abide by lhe lerms 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) This firm imposes a sanction on or requires lhe 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) This firm will continue to make a good faith effort to maintain a drug-free workplace through
implementation of this section.
AUSTIN TUPLER TRUCKING, INC.
Contractor's Name
~~
nature
13
, .
COMPANY NAME:
ADDRESS:
STATE:
CONTACT PERSON:
PHONE NUMBER:
REFERENCES - BID #2006-13
Smith Construction, Inc.
2400 S.E. Federal Highway, #21. Stuart
FL
34994
ZIP:
COMPANY NAME: White Rock Quarries
ADDRESS: P.O. Box 15065, West Palm Beach
STATE: FL ZIP: 33416
CONTACT PERSON: Craig Evans
PHONE NUMBER: (561) 822-5322
COMPANY NAME:
ADDRESS:
STATE:
CONTACT PERSON:
PHONE NUMBER:
Trevor
(772) 223-0037
State Contracting & Encgineering
1295 N. 21st Avenue, Hollywood
FL ZIP: 33020
Tim Smith
(954) 923-4747
COMPANY NAME:
ADDRESS:
STATE:
CONTACT PERSON:
PHONE NUMBER:
American Engineering
11765 W. Okeechobee Road, Hialeah Gardens
FL
33018
ZIP:
Paul Wanamaker
(305) 825-9800
26
'.
SCHEDULE OF PRICING
BID #2006-13
PICK-UP MATERIAL
ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES.
(FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE
SAME AS TIlOSE SPECIFIED BELOW)
GROUP A: ROAD MATERIALS - ASPHALTS
Item Estimated Otv PICK-UP PRICE
L Type 8-1 Asphalt 400 Ions $ 50- lion
2. Type n Asphalt 1350 Ions $ 5'3 - Iton
5'0 -
3. Type ill Asphalt I120 Ions $ Iton
4. Cold Patch Asphalt 425 tons $ (.,g~ lion
;0
R€#'If:J Tac Oil 3125 gals $ 2-- Igal
".... (L~-I
.l,i~
6. Permanent Cold Patch 320 tons $ Iton
(Ready Road Repair or equivalent)
Permanent Cold Patch 200 pails. $ Ipail
55 lb. pails
~bagS $'0
) 250 bags S 9- /bag
State precise pick-np location: ." 'l rH6~,-r IU2 WPS FL ':!3'ffl
Co""''''''''''''~l ASfl-..t't' (A'-e- pl"'''''l W.f .8 .
.edule of Pricing continued next page...
14
VI.-CONSENT AGENDA
ITEM C.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetinll Dates in to City Clerk's Office
0 August 1, 2006 July 17,2006 (Noon.) 0
0 August 15,2006 July 31, 2006 (Noon) ~
0 September 6, 2006 August 14,2006 (Noon) 0
0 September 19, 2006 September 5. 2006 (Noon) 0
Requested City Commission
Meetine: Dates
Date Final Form Must be Turned
in to City Clerk's otfice
October 3, 2006
September 18,2006 (Noon)
October 17, 2006
October 2,2006 (Noon)
November 8, 2006
;-)
October 16, 2006,.{-Noon):"-.. =~
~/., ~~:i,-<
November 6, 2oo~ooni~~
-0 .J'C]
N .-
--J -
November 2), 2006
0 Announcements/Presentations 0 City Manager's Repo'k;
0
NATURE OF 0 Administrative 0 New Business ->- .~:z:
- ~OJ
AGENDA ITEM -
~ Consent Agenda 0 Legal ~_ [>'1
0 t:->J>
0 Code Compliance & Legal Settlements 0 Unfinished Business 0' i"1"IO
~
~
0 Public Hearing 0
RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the City
Limits with Belkis Alvarez & Camilo Nnnez for the property at 1119 Highview Rd, Lake Worth. FL (Ridge Grove Add
No 1 Lot 203).
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CasllefRidge
Grove project area, Only potable water is available for connectIon to the property at this time due to recent water
main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location
map).
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, aUowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
ALTERNATIVES: None. This parcel is within the Utilities service area.
4~~s
Department Head's Signature
&--
~~
Assistant to City Manager ~
,--
IJ/IL
Department Name
City Attorney / Finance
SoIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
25
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND BELKlS ALVAREZ
9 AND CAMILO NUNEZ; PROVIDING AN EFFECTIVE
10 DATE.
II
12
13 WHEREAS, the subject property is located outside of the City limils, bul wilhin our
14 waler and sewer service area, located at 1119 Highview Road, Lake Worth, Florida (Ridge
15 Grove Add No I, Lot 203); and
16 WHEREAS, the parcel covered by this agreement includes a single-family home
17 located in the San CastlelRidge Grove project area; and
18 WHEREAS, water distribulion main improvements has recently been constructed by
19 Palm Beach County as part of a neighborhood improvement projecl on this street allowing
20 for the service to lhis parcel; and
21 WHEREAS, no additional construction will be required by the Cily to serve this
22 property.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being lrue and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission hereby authorizes and directs lhe City Manager
29 10 execute a Water Service Agreement belween lhe City of Boynlon Beach, Florida and
30 Belkis Alvarez & Camilo Nunez, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreement,s\Water Service\Alvarez & Nunez Water Service Agreement-doc
I
Section 3.
This Resolution shall become effective immediately upon passage.
2
3
4
5 PASSED AND ADOPTED this _ day of October, 2006.
6
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11
12 Mayor-JerryTaylor
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
29 City Clerk
30
31
32 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Alvarez & Nunez Water Service Agreement.doc
1119 Highview Road, Lake Worth, Florida - Google Maps
Page I 0 f I
Address 1119 Highview Rd
Lake Worth, FL 33462
http://www.google.com/maps?f=q&hl=en&q= 1 119+Highview+Road,+Lake+Worth,+Flori... 10/412006
THIS INSTRUMENT PREPARED BY:
lame'; /\. Cherof. Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Conunercial Blvd.
Suite 200
Ft. Lauderdale, Fl. 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this --L.R- day of . , 200.L., by and between
~ \\.:. < ~'Ja L'l..- <2+...~~ tJ, . to,j~., I herei after called the "cUstomer", and the
CITY OF BOYNTON bEACH, a municipal corporation ofthe State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynlon Beach, Florida; and
WHEREAS, Customer has requested thallhe City of Boynton Beach, Florida provide water
service to lhe property owned by Cuslomer; and
WHEREAS, lhe City ofBoynlon Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
lhe Municipal Water System and lhe mutual covenants expressed herein, the City of Boynton Beach
and the CUslomer, his heirs, successors and assigns, agree as follows:
I. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Cuslomer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are I.~ Equivalent Residenlial
Connections which Cily shall service.
3. The Customer agrees 10 pay all cosls and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable 10 the installation and maintenance of water service lines upon the Cuslomer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engincers. The Cily shall have lhe option of eilher requiring the Customer to pcrform the work
ncc'ssary to conform lhe lines or lhe City may have lhe work performed on behalf ofthe Customer,
in whIch case the Cuslomer will pay in advance all estimated costs thereot: In lhe event the Cily has
such work performed, the Customer will also advance such additional funds as may be necessary 10
pay the lolal actual costs incurred by lhe City.
4. Any water main extension made pursuanllo this Agreement shall be used only by the
Customer, unless written consent is granted by lhe City of Boynton Beach for other parties to
connect. All conneclions shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title 10 all mains, extensions and other facilities extended from the Cily Water
Distribulion Syslem to and including the metered service 10 Customer shall be vesled in lhe City
exclusively unless otherwise conveyed or abandoned to lhe property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection wilh waler service outside the City limits applicab]e under City Ordinances and rate
schedules which are applicab]e which may be changed from time to time.
7. Any righls-of-way or easements necessary 10 accommodale the conneclions shall be
provided by the Customer to lhe City.
8. The Cuslomer shall, conlemporaneously execule and deliver 10 the City an
Irrevocable Special Power of Attorney granting to the City the power and authority 10 execute and
advance on behalf of lhe Customer a voluntary petition for annexation. Cuslomer covenants that il
shall cooperate wilh the City and nol raise opposition or challenge 10 such annexation if and when
annexation is initialed. The property shall be subject 10 annexalion at lhe option ofthe City at any
lime the property is eligible under any available means or method for annexation. Cuslomer will
inform any and all assigns or purchasers of any or part of lhis property of lhis covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
conslitute a defense or bar 10 the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting 10 lhe City's water supply is sufficient 10 support the grant of
lhe power of attorney any subsequent disconnection or lack of service shall in no way impair lhe
power of attorney nor constilute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph I of this Agreement. This Agreement and lhe power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on lhe Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in lhe evenl there is a reduction,
impairment or terminalion in water service to be provided under this Agreement due to any
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1--6-06.doc
2
prohibilions, restrictions, limitations or requirements oflocal, regional, Slate or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
eveul there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
Cily's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, ils Mayor, Members of the City Commission, Officers, employees and
agenls (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Cuslomer warrants to the City that Customer holds legal and beneficial title to the
property which is lhe subject ofthis Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
3
AGREEMENT }<'OR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXA nON BETWEEN THE CITY OF BOYNTON BEACH AND
G~\~,> ~\0",/~2 C.h~,'-o I-( 0,JV\€U (INSERT NAME)
,
\' IN WITNESS WHEREOF, lhe parties hereto have set their hands and seals this ~ (/ day of
~p-+'f2,,^ S~_, 200iR
/
WITNESS: (S) AS OWNER'(
-:W.~?
Wllness Ignature .-
/Y11T /'{i/7 q --< 0 b Z;; 7'
Printeat Name /
Witness SigntZre
11 M.pM.f) hide"/..;
PrintJd Witness Nam
Wilness Signalure
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OFJ i t91,ulaj )
) sse
COUNTYOF~
Owner ign lure
t?>.; \\0."...\ /~\.J(J' d.... (tb.......{" d - ,U J A.t. 1;
- ,
Pnnted Owner Name
fI;
~re
M/t.u .1/Jt>/~z,. .. (]..",,<./tl..t, r-l rJ..;A-e u
POO'~~" gf/
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in lhe County aforesaid to lake acknowledgments, personally appeared
~f\i1;\II(l /J(J~e.? f,.8dk.;~ ~1\J"f}>..2.- 10 me known to be the person(s) described in and who
executed the foregoing instrument lhat helshe acknowledged before me lhat helshe executed the
same; that the individual was personally known to me or provided the following proof of
identification; JL {DL______
J. WITNESS my hand and official seal in the County and Stale lasl aforesaid this
1~fk-J,j ,200k._
(Notary Seal
My Commis
. VAlOAlEMOATS
'.i :. MY COMMISSION, 00 346198
. .. . rlllll>tRes: Seplenter 11 2008
'J1f...BorIdedThruHollwyF\tJlic~
)l?
dayof
1(; J!AVU'-L h1,(W} i1
Notary Public
AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND
CO~ANT FOR ANNEXATION BE5EN THE CITY OF BOYNTON BEACH AND
16Q.\\i..:,~ ):-.., \v~"" ~ 'v M . o..?ov&-u(INSERTNAME)
,
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and m the Counly aforesaid to lake acknowledgments, personally
appeared , City Manager and -->
Cily Clerk respectively, of lhe City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under aulhority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal 'affIxed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev J-6-06.doc
5
Palm Beach County Property Appraiser Property Search System
Page I of I
Location Address: 1119 HIGHVIEW RD
I>>",>""~"II
,~... ..",,\W~ " . '. . ''''''.0
I
I
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2030
Subdivision: RIDGE GROVE ADD tiN
Official Records Book: 17284 Page; 961
I,.eaal DesJ;:ri.Dtion: RIDGE GROVE ADD NO 1 LT 203
Sale Date: Jul-Z004
Owner Information
Name: NUNEZ CAMJLO M &
Mailing Address: 1119 HIGHVIEW RD
LAKE WORTH FL 33462 590 9
Sales Information
Jul-2004
Book/Page
172~H.LQ_9()_1
Sales Date
Price S;lle TVR-e
$27,000 WA RRANTY DEED
Owner
NUNEZ CAMlLO M 8r.
Mar-2004
JJfl_2_;ZIJ!!t~
$2,899 TAX DEED
DELlSO MARIA Z LLC
Feb-1997
09ti9~/Q_LQ&
$1,283 TAX DEED
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
land Value:.
Total Market Value:
2006 P
2005
22-Q"
11391 r
11391
Tax Year 2006
Number of Units: 0
3192
31 927
V_~e Code: 0000
Description: VACANT
P = Preliminary Values
A
d
dT
bl V I
~ ssesse an axa e a ues
Tax Year: 2006 P ~005 ~004
Assessed Value: 31927 $20 73 $11391 I-.-J
Exemption Amount: ., $0
Taxable Value: 31 9271 $20 73 $11 391
T VI
ax a ues
Tax Year: 2006 P 2005 ~004 ~
Ad Valorem: $585 $3. $222
Non Ad Valorem: .. $0 l~ii.Ii_-"~II~"1
Total Tax: 58 $395 .22
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
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Value6gMtJD~nt BOJJQ I SaVf'.QJILtI()rJ1~? I ~DiQr.(:{)Iner I Oi$~.I!l-irn~r
H.omQ I Links j G1QS5;;lry I FA_Q J Forms I C9:l1tact U$ I PAPA
(c) 2004 Palm Beach County Property Appraiser.
elltblf A
http://www.co.palm-beach.fl.us/papaiaspxlweb/detail_info.aspx?p _ entity=004 3450909000... 9/18/2006
. All Owner
Page: 1 of 1
All Owner(s)
peN Number:
00-43-45-09-09-000-2030
Owner Names
ALV AREZ BELKIS
NUNEZ CAMILO M &.
l"'ffi"",,~""'~1
r"""..""~<"'~;f:'"
http://www.co.palm-beach.f1.us/papalaspxlweb/allOwner.aspx?entity _id=004 34509090002... 9/1812006
THIS INSTRUMENT PREPARED BY'
James A. Cheml, Esquire
Goren, Cherof, Doody and Ezrol. P.A.
3099 East Commercial BMI-
Suite 200
FI. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF 'fJri~. Buwtj
I/We, r n l'Y\'dp--l1. fJu'l(p,z f ,&>Jk j 'i If {va ,-p,z.., , hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
execuling on behalf of Grantee the power 10 initiate, maintain, and complete a voluntary petition
for annexation of the real property described herein into the CITY OF BOYNTON BEACH.
This power shall extend to the CITY OF BOYNTON BEACH full and complete authority 10 act
on Grantee's behalf 10 accomplish annexation by any available means. The real property which is
the subject oflhis power is described as follows:
PCNNo,: 00-4,1- LfS-Oq- 09- OOO~A-a30
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
day of
, 20 and the powers and authority shall be irrevocable by Grantee.
~~--~~~ -
IN WITNESS WHEREOF, we have hereunto set our hands and seals the d day of
~ ~ ""-~ in the year 2~
Sealed and delivered in the presence of
ture
1')1. JlII.JR7 U),.M<;Cv J.1 .JJ 4?;
I
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W' s' "3
ItnesS 19natill'e ./
/it p /? T // /-} ~ ~J;7 E L..
Print Name
Print Name
llsb= . ~
f?>t.\\l..\ h\o..IC"fI{l Q,1':>,y~1o H' .AJII r{ v
Print Name /
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
.2..J- THE FOREGOING INSTRUMENT ,was acknowledged before me this .liL- day of
~' 20J)k bY~I\o '" 1-.1",\('2.. ~\k<'s OIIlQfP,z...- and
, who are known to me or who have produced
F'LJJJ..... , as identificatio~ who did/did not take an oath.
f\I SJ.O.IIJ./P7-{ '1if -{)
A'i 1(,,- OIJD. 7J -sWO 7, '-&l;",- rP~
~ARY PUBLi
_.:::.. VAlOIlIEMOAlS ( . IA ...t
.., :.~, MY COMMISSION' OIl 346198 . () I"" I e.. /" L() (}. IS
. , EXPIRES: Sepl8mber 17, 2008 Type or Print Name
'." BondedThruNo1aryNlllcllnclllwrilws
Commission No.
My Commission Expires:
S:\CAIAGMfSIW.... _".,... of .tIy.doc - 1-<Hl6
H:\l990\900 182.BBIAGM'f\Powe< of Attoroey-lnd 1-30-%.doc
...
1 in. ~ 250.0 feet
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1119 Highview Rd
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VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetine Dates in to Citv Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0
0 August 15,2006 July 31. 2006 (Noon) r8:I
0 September 6, 2006 August 14,2006 (Noon) 0
0 September 19,2006 September 5, 2006 (Noon) 0
Requested City Commission
Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
October 3, 2006
September 18,2006 (Noon) C~)
~')
,~.., -,~
October 17, 2006
October 2, 2006 (Noon)
U)
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C~)
November 8, 2006
Oclober 16, 2006 (Noon)
November 21, 2006
November 6, 2006 (Noon) ~~ '.J~ (~
r::3
'.':.;:::
-'1
'1;~
Cj )::.'>
rq(j
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NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
r8:I Consent Agenda
o Code Compliance & Legal Senlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfmished Business
o
r--~.,
RECOMMENDATION:
Motion to approve and authorize the City Manager to sign an Agreement for Water Service Outside of the City
Limits and Covenant for Annexation, with the Palm Beach County Housing Authority for a parcel ofland proposed to
contain 34 new single family homes within the Quentin A venue Project.
EXPLANATION:
The Quentin Avenue Project is proposed for construction in the unincorporated portion of the City of Boynton Beach
Utilities Department service area. on a 9.76 acre parcel located east of Lawrence Road, north of Old Boynton Road,
and south of Lake Worth Drainage District Lateral canal no. 23 (see location map). The Palm Beach County Housing
Authority is the owner and developer of this parcel, which is now planned to contain 34 new single family homes. The
Housing Authority will be required extend water and sewer facilities from the adjacent, serviced properties to the
north and west, to the proposed honsing units. Anticipated demands on the utility system are: approximately 15,000
gallons per day of potable water demand, and 8,000 gallons per day of wastewater capacity, The City's water and
wastewater systems currently have sufficient capacity to allow for extension to this new project.
PROGRAM IMPACT:
Potable water capacity required ~ 15,000 gallons per day
Wastewater capacity required = 8,000 gallons per day
FISCAL IMPACT:
Assuming an average of three bedrooms per dwelling unit, this project will contribute approximately $84,000 in
Utilities Capital Facilities Charges.
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
".~.".."'.'"
((
~
.' C.i\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
a;;::*" ~';.:;';'::"":~:~'~:zi"U;~"~.
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
UTILITIES
Department Name
City Attorney I Finance
XC: Peter Mazzella (w/copy of attachments)
Chris Roschek
City Attorney
File
s:\nULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND PALM BEACH
9 COUNTY HOUSING AUTHORITY; PROVIDING AN
10 EFFECTIVE DATE.
II
12
13 WHEREAS, the subjecl property is located outside of the City limils, but within our
14 water and sewer service area, located east of Lawrence Road, north of Old Boynton Road and
15 soulh of Lake Worth Drainage District Lateral canal no. 23; and
16 WHEREAS, the parcel covered by lhis agreemenl is planned 10 contain 34 new
17 single-family homes located in the Quenlin Avenue project area; and
18 WHEREAS, lhe Palm Beach Counly Housing Authority will be required 10 extend
19 water and sewer facilities from the adjacent, serviced properties to the north and west to the
20 proposed housing units; and
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolulion upon adoption
25 hereof.
26
Seclion 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and the
28 Palm Beach County Housing Authority, a copy of said Agreement is attached herelo as
29 Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\PBC Housing Auth Water Service Agreement.doc
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PASSED AND ADOPTED this _ day of October, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor.- Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
Attest:
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Water Service\PBC Housing Auth Water Service Agreementdoc
THIS IN'S1'R.UMBNTPRBPARED BY:
James A. Olerot; EsquIre
GoreD, ClIerot; Doody.t BzroI, P.A.
3099 Eaat Coau.......-:Ld Blvd
Suile 200
Ft. ~FL 33308
AGkEE'MENT FOR WATBR SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THISAGRHEMHNrmadeonthis/51'1r dayof ~~a .200..l.byllDdbetweeD
Palm Beach County Housing Autho~ (NllmcofColporatlon>,hereiDaftercal1edtho
.Customer", and thcCITY OF BOYNTON BEACH, lununicipal CClIpOI8Iio,nof1heStlaeoiFJorida.
hemnaficr oallcd the "City".
WHEREAS, Customer owns real ptoperty outside of the juriadietionalllmiu of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Boacb, FloridaprovideWlltl:r
IlClrVicc to the plC>!1Ody owned by CuatoDler, and
WHERBAS, the City ofBoynton Beach has the ability to provide water aerviceto Customrn
property; and
WlIF.RBAS, the City of Boynton Beach has a policy which eot>"'itions the anmt of WlItc:I'
semce& "'.....lle ofitBjurisdictionallimits on _ationofthe ptope.1)'to be serviced into the City
at the earliest pnlcticab1e time.
NOW llImUlFORE, forllDdin considenlion oftheprivilcgeof~waterSlll'Yiccfiom
tho Municipal Water SystemllIl<l tho mutual coveoants CllPl'UlIlIdher8in. the CityofBoyntonBcach
and the C,mt"'ller. his heirs, S1lCCCIlSQJll and assiJDa. ~ as follows:
1. The City asreea to provide Customer with water Slll'Yicc 1i'om its Municipal Water
System to lIerVicc the real p.c>~ cIescn"bocl as fOllows and which Cuatomer ."J'.-J .1>. wowned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are -1i.. Equivalent R",RIl"";;Q!
Connections which City shaI1 &c:rVice.
3. The Customer agtees to pay all coats IIDd fees of eaginecriDg, matarial. labor,
installation aDd 111spect1on of the lilcilitlcs as required by the City of Boynton Bach Code of
Ordmonces or Land Development regulations to provide service to the 0..... "o.<s pn:miscs, Tho
Customer sbaIl be responsible 1briDstAllatiOl' in C:OI'~II..omce with all codes, rules lIDdn!plorilnn,
applicable to the insta1Jation and m..nm.n..,~ ofwater service lines upcm the CD.... .,..fu" 1'1"""-
All such lines sIia1J be approved by the DiIector of Utilities and subject to inspection by the City
Ellglncers. The City shall have the option of either requiring the CUstomer to perform the WOJt
nece&satY to conform the lines or the City mayhavethe wmkpertbrmed on bcbalfofthoCUStomer,
in which case the CUstomecwill pay in advance all Cfl'lmllfNl COSlf thenlOf. In tho evlllll the City baa
&uch work pcrfom1cd, tho Customar will also advauce such additiooal f\mds 88 may be nec:essary to
pay the total actual costs incUrred by the City.
4. Anywarermain memion madepUl$Wlt to this Aareement sball be used only by the
Customer, unless written llODlICIlt is 1I'autc.d by the CIty of Boyzdon Beach for other pRill! to
connect. All oonn...nQDS shall be made in aa:ordaIIco with the CocIe8 and fC81.1ot1ons of Boynton
Beach.
S. Title to all mains, e:xtensions and other flJciIi1ill6 llXtclIdcd ftom the City Water
Distributicm Systc:m to 8.Dli including the metered service to C\Jston1er sbaIl be vllllled in the City
exclusively unless otherwise COIlVIl)'Od or Bl>"""oned to the property owner.
6. The C\Istoalel' agrees to pay all charges, deposits 8.Dli fIIteII forsc:rvice aDd eqllipmellt
in connection with water service outside the City limits applicable UDdar City QrI';.....tIM and rate
schedules which are applicabl.. which may be tih""rl from time to time.
7, Any rigbts-of:.way or easements ~llIlS8t)' to IICc?mm'lC!,... the COIIDCCliQIIS shall be
provided by the Customer to the City.
8. The CUston>et' shall, contemponmeonsly execute and deliver to the City an
Irrevocable Special Power of Attomoy gnmtiDg to the City the powe:r and BUtbority to ax;ccutc and
advance on bebaIf of the Customer a vohmtarypctilicm for ..........otl9lJ. CustoIP... coWDaDtI that It
shall coopcIIItC with the City and not raise opposition or """11~ to such ...",<<atioa if and when
lIDDexaD.cm is iIIitiatcd. The property shall be subject to """Cl[~OD at the option of tho City at any
time tho prcpc:rty is eligible unde:r any available mllllllS or m~ for annaa:ation. Customer will
infonn any and all aseigns or purdl88ers of any or part oftbis property oftbis COVlI1IIDt and of the
i.rrevocablc special power of attorney, but Customer'J tWaro to provide Stldl notice sbaIl not
constitute a cIefcmsc or bar to the City'. rights 8lI Rl fbrth hc:rcin, The Costoma' admowlcclaes that
the considcra1ion of initially 00DIleCI:ing to the City's water supply ia soflicialt to support the jpIIt of
the power of lIttoamy any subIcquc:at cli&coDncoIiO.n or lack of sc:rvice sbal1 in 110 way impair the
powe:r of attorney nor consdtute a di:miJlu1ion or ladc of COIllIidention.
9. Annexation is ~cd to bo and is herebymado acoval8DC tIUIIliqwith tho IaIld
desc:ribed in paragraph 1 above. This AarecmIlIlt and the powerof atIDIncyICfi:lallxdhl:in::in is to be
recorded in tho Public Rccmds ofPalm Beach County. Florida, and shall be bindiD& on tIHl ClJ,atnm...
and all subscqucot tIaD8fc.ree, grantees. hciIs, llUCCCISOI'8 and '''';&1'"
10. h is qreecl that the City shall have DO liability ill the cvcat there ill a reductiO'\,
in1pairmcmt or ............Mn ill water service to be provided 1III4er this .A8Jocmeal duo to any
prohibitions, mlIriations.limitations or requm,m-n ofloca1. ~tm.l. State or Federal apaci.... or
other agencies havin&juriadietion over such matters. Also, tho City sbaIl have no liability in the
2
I
~ thcxo is a reductiOll, impailmClllt or fenn;n~ of water service duo to IIClll of God, lICCidcolll,
striIce6, boycotts, blackouts, fire. earthquakes. other casualties or other circnm<:llmccs beygud the
City's IeIlSOIllIble control
11. The Customer hlllllby agrees to indl'!1l'mHy. defClld IIIId hold hB"lIl_ the City of
Boynton Beach, Florida. ita Mayor, Membera of the City C.t>mml..,;o,\ Ofticers. emplo)'eeS IIIIl1
aecats (Both in their iDdividualllZld official capacities) ftom lIIId apinst all .,Isrim.., "IlmBP. law
suits and llXpOllSOS including ",,~."1e attom8yB fees (whGther or Dot incurred on IppllaI or in
connectian with post jlldament collection) lIZId costa rising out of or I'llIlIllting 1iom the eo-"'s
ob1iptiOIl under or perfunnaucc pursuant to this Agreement 1ncJv'*"g disputes fur breach of
wammty of title.
12. No additional agrec:mcmts or [wyo." "latiOllll shall be binding on lIl1)' of the pm1ies
hclmo 1lIIlcss iDcorpomtcd in this Ajp:eemeat No 'llOditieat!on, orchanp.ln this Aareanmt shall be
valid upon the}lllrtios lUIlcas in writiug oxeeutecl by the parties to be bound thc:raby.
13. Tho CVoromen.iuaub to the City that CUston-holds legal and ~"finiel titlotothe
prop...ty which is the subject oftbis Apx:mcnt
(REMAINDER OF PAGE INTENTIONALLY LEFI' BLANK)
WITNESS:
(J~~
WitDcssSiguature
Joe Zalman
Printed WitDelc Name
~
Telford Woodburne
Printed Wi1neSs Name
{CORPORATE SEAL}
FOR CORPORATE NOTARIZATION:
STATEOF l-ioRJdo..
COUNTY OF k>11\rY\ ~~{)c.h
)
)sa:
)
I HEREBY CERTIFY tbat 0l11hls day, betbreme, an ofIic:er duly gl'ltMo-i'7M in the State
afORSaid and in the County dlresaid to take admDw),wl&1"'''''b!, pelllODlIlly app.......!
Michael Bradv as Chairman of Palm Beach County Housing Authority DIIIIICd in the
fo.ogoiDg ljrcemeDt and that helshs aclmowIcdged a....nri.,g the BlIIIlll in the prc:8IlIIll8 of two
subsc:tibms w;tn- frceI:yand volUDlaril:y1.lllder lIIllboritydul:yvested~himIha'bysaid Cmpamlion
and that the Cozpomtc sc:aI affixed themo is the true cmporate seal ofsaid ~
Witness my hand and ofiicia1 seal in the County and State \aat aiOIcsaid this /5" day of
fd1M~@. ,200.i... ~ ~
,. \t
tlOfARYPUBLIC
Do..O\((). p" (.10<"" ,b 01'"
PriDted Name
My Co...,.,.1..Nm Bxpim;:
JWle 2'6\ 200q
5i:
~11I""
(407l396-0153
D. RICHARDSON
MY COMMISSION # DD44556t
EXPIRES: June28.2009
---
4
I
AGREEMENT FOR WATERSER.VICE oursmE THE CI'lY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CI'lY OFBO'YNTONBEACB: AND
Palm Beach County Housing Authority (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida ID1lIIicipal oozporatiOll
By:
Kurt BressneI'. City :M......W""
ATI'BST:
City Cledl:
(SEAL)
Approved 18 to Fonn:
City.Attotney
STATE OF FLORIDA )
)Is:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that 011 this day. ~ me, an officei' duly authorized in tho S1ale
afmesaid and in the County aforesaid to IlIkc aoJmow.l"'~ penona1ly
appeared . City:M"""rand .
City Clotlc respeclive1y. of the City DaIIlCd in the 1bregohlg agreement and that they sewnIly
adtnowlcdgal C1ro:lC'mng 8IIIIIC in the prcsc:ncc of two subsaribing wilnt-m freely aDd volumarily
under Ant"ority duly vested in them by said City aDd that the City seal affixed tbcreto is the truo
0llIp0rlIte seal aft"'''''' thereto is the true corporate seal otsaid City.
WITNESS my hand Il1d official seal in the County aDd State last IIfbn:said this dayof
.200_,
(N0llIIy Seal)
NoWy Publie
My C''''''""osion Expires:
S:\CAIACiMTS\W__ ScnIoe\W_ Sorvice A,namat (Coop) - Roy O!102ll5.do<hw. 1-6-06
H.~I-~IlIlIAG>CI\W....Scrwlco ^""",,,",(CaIp).__I~
5
I
'IIlIS INST&IJI4IlN'I PRIlPAItIlD BY;
I_A. Cbcut ~
City ofBo)'Dlml Beach
100 E .Boymua Beac:h Blvd.
Il<IyDlDD, Bc:acb. PIllrida 33425
IRREVOCABLE SPECIAL POWER OF ATIOlUmY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
l, Michael Brady
as CorponIl:e R..y. ,srntative of
Palm Beach County Housing Authori~ herem.~"" "Grantee". hereby make. COlIItitDte, and appoint
TIm CITY OF BOYNTON BEACH, FLORIDA, true and 1awfiIl attmney in fiu:t fur Gnmtec and
in Grantee's IIIllDC, plal:e and stead. for the BOle purpotlO of ~ on behalf of Gnmtec tho
power fA) initiate, msrinnnn, and complete a volUDtary petition for ......CXlIlion of tho real property
de5cn"bcd herein into tho CITY OF BOYNTON BEACH. This power shall axteDd to tho CITY
OF BOYNTON BEACH iWllllld complc:te authority to act on Gral1tee's behalf to 8llCOIDplidl
.......""m;QI1 by any available means. Tho real }Uo>pc:rty which is tho sulJjec:t of this poWCll' is
descn~ as follows:
PCN No.: 00-43-45-19-00-000-7020 I 00-43-45-19-04-008-0010
Tho powers and authority of my attDmey, TIIE CITY OF BOYNTON BEACH,
FLORIDA, shall r(1"'m~ and be in fW1 force and effect on tho /S~ day of
J2!P%4f#67L .20 of, and tho powers and anthority shall be irt~ by Grantee.
I
H
IN WITNESS \VHERBOF, we bave hCl'Clll1to set our hands and seals tbe L day of
SEI"Il=/l'1CGt . intbe year 20 eM,
Sealed llQc1 dclivmxl in the presence of
,77.
WItness Signature
Corpc>>.oItion Name: Palm Beach County Ho
Michael Brady, Chairman
Joe Zalman
Print Name
By:
~ ------
Witness Signature
Telford Woodburne
Print Nanle
rry F. Seaman
te Seal;
STATB OF f:\orl.lda
COUNTY OF ~
)
)
)
SS:
I HEREBY CERTIFY that CllI this day, betbre me, an ofticllr dWy authorized In lbe state
atbzesaid and in tbe Coliill)' afol'esaid to take ac\a1owIedgmeat peIIOllaIly appealed
as of named in tbe
foregoing agreement and that lJcIBbe lICknowledged ~ the _ in the pI 11 'CO of two
8llbaaibiu& witnesses fteoly and vohmtarily UDder 8lIthomy duly WItcd in himIher by said
CorponmClll and that the CoIpontc seal afIlxed tbereto is the true COIpOllIte seal of said
CoIpora/ion.
Witness my haocIlIIld offu:ial seal in the Colimy llQc1 Stall: last aibn:said this / S- ~ day of
fE~/1?~r!M. .20 tl6.
~Jb~
NOTARY PUBLIC
l:Xl:,-)lto. p\l(+lOrc~
Primed NallIe
MyC'.nmm;niOl1E1qlin:s: JUIle. 2~I'loo'1
~'~
~
\;...,,~
(407)398-0153
D. RICHARDSON
MY COMMISSION 11 D.D445.5N
EXPIRES, Jun.28,2OlI!> I
Florida Notwy SeMce.com
S:'CA\A.GM'IS\W_~oI'~ I-6-06.doo
ll.'IJ_I82.BllIAClM1IPoor_)'CorJr I~
..
1 in. = 232.4 feet
((rr
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Location Map - Quentin Ave. Project
MOYLE, FLANIGAN, KATZ, RAYMOND, WHITE & KRASKER, P.A.
ATTORNEYS AT LAW
Office Address:
625 North Flagler Drive - 9" Floor
West Palm Beach, Florida 33401-4025
Telephone: (561) 659-7500
Facsimile: (561) 659-1789
JOHN F. FLANIGAN
Direct Line: (561) 822-0305
E-mail: jllanigan@moylelaw.com
February 24, 2006
Tallahassee Office
(850) 681-3828
Wellington Office
(561) 227-]560
Palm Beach County Housing Authority
3432 West 45"' Street
West Palm Beach, FIOlida 33407
A TIN: Barry F. Seaman
Re: Title Opinion.
Dear Mr. Seaman:
I have examined the title to the property described on Exhibit "A" attached hereto and hereby made
a part hereof (the "Property") and find that title as of January 26, 2006, at 11:00 p.m.(the "Effective Date"
of the search) is as follows:
1. Title is vested in the Palm Beach Cminty Housing Authority except fot those portions of Parcel
3 and Parcel 4 comprising Pandora A venue and Holl Street, respectively, where no deed or resolution of
abandonment has been found relating to those portions of Pandora Avenue and Holt Street.
2. Title is subject to the following:
(a) Resolution No. R-92-1489 by the Board of County Commissioners of Palm Beach
County, Florida recorded in Official Record Book 7459, page 1512, Public Records of Palm Beach
County, Florida.
(b) Restrictions, conditions, reservations, easements and other matters contained on the
Plat of Vv'esi Boynton Plat No. 2-C as recorded iu"PIat Book 15, page 14, POLin-lie Records of Palm
Beach County, Florida.
(c) Rights, if any, of Lake Worth Drainage District, reserved in Deed recorded in Deed
Book 686, page 538, as modified by Quit-Claim Deed recorded in Official Record Book 2676, page
617, Public Records of Palm Beach County, Florida (Parcels 3 and 4 only).
(d) Rights of the public to those portions of Holt Street and Pandora Avenue as shown
on the Plat of West Boynton Plat 2-C recorded in Plat Book 15, page 14, Public Records of Palm
Beach County, Florida, tontainedviithiit'the legal description of Parcels 3 and 4 herein.
(e) Rights of all owners of pro petty described on the Plat of West Boynton Plat No. 2-C
recorded in Plat Book 15, page 14. Public Records of Palm Beach County, Florida, in and to the
G:\I6105\417\01-24-06 Title Opin Ilr (West Boyman Plat).wpd
[>c".b,'/.
" f
,4
Me. Barry F. Seaman
Palm Beach County Hoosing Authority
February 24, 2006
Page 2
portions of Holt Slreet and Pandora A venue contained within the legal descriptions of Parcels 3 and
4 herein.
(I) Rights of the government body that has repaired and maintained those portions of Holt
Street and Pandora Avenue as shown on the Plat of West Boynton Plat No. 2-C recorded in Plat Book
15, page 14, Public Records of Palm Beach County, Florida, contained within the legal description
of Parcels 3 and 4 herein, for the past four (4) years.
(g) Taxes for the year of the Effective Date of this opmlon and laxes and special
assessments\vhich are noUshown a~ ~xistjng li~ns,l:ly the public records
(h) Rights or claims of parties in possession not shown by the public records.
(i) Encroachments, overlaps, boundary line disputes, and any other matters which would
be disclosed by an accurate survey and inspection of the Property.
(j) Easements or claims of easements not shown by the Public Records.
(k) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the Public Records.
(I) Any adverse ownership claimed by the State of Florida by right of sovereignty to any
portion of the Property, including submerged, filled and artificially exposed lands, and lands accreted
to such lands.
(m) Federal liens and judgment liens, if any, tiled with the Florida Department of State
pursuant to Seclion 713.901, et seq., Florida Statutes and Section 55.201, et seq., Florida Statutes,
respectively, which designate the Florida Department of State as the place for filing federal liens and
judgment liens against personal property.
(n) Any lien provided by county ordinance or by Chapter 159, Florida Statutes, in favor
of any city, town, village or. port authority, for unpaid service charges for services by any water
systems, sewer systems or gas systems serving the Property; and any lien for waste fees in favor of
any county or municipality.
This report does not cover matters filed in the Federal District Courts of Florida.
Very truly yours,
John F. FJamgan
MOYL~W~G~
By: ~
G:\16105\417\01-24-06 Tille Opin lIT (West Roynlon Plat), wpd
EXHIBIT A
PARCEL 1 DESCRlPTION
(EXHIBIT "~" O,R.B. 6811 PAGE 237 P AIM BEACH COUNTY)
A PARCEL OF LAND LYING IN TIlE SOUTHWEST ONE-QUAll.TER (S.W. 1/4) OF
SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BBACH COUNTY,
FLORIDA, BEING MORE P ARTIctJLARL Y l>ESCRlBED AS FOLLOWS:
COMMENCING AT THE WEST ONE-QUAR1'ER (W. 1/4) CORNER OF SAID
SECTION 19; THENCE RUN EAST 671.08 FEET .ALONG THE NORm LINE OF
THE SOUTIlWEsr ONE-QUARTER (S.W. 1/4) OF AFORESAID SBCTION 19 TO A
POINT; THENCE, RUN SOUTH 01031'39" WEST 70.03 FEET ALONG A
NORTHERLy EXTENSION OF THE RIGHT OF WAY OF HOLT STltEET TO THE
POINT OF BEGINNING; TImNCE CONTINuE SOUTH 010 3] '39" WEST 463.07
FEET ALONQ SAID NORTIIBRLy EXTENSION AND BABTRIGHT OF WAY
LINE OF HOLT STREET TO nlE SOUTHWEST CORNER OF BLOCK. 7, WEST
BOYNTON, PL~T 2C, ACCORDING TO THE PLAT TImREOF RECORDED IN
PLA1 BOOK IS, PAGB 14. OF THE PUBUC RECORDS OF PALM BE!ACH
COUNTY, FLORIDA: THENCE RUN NORTH 890 54'09" BAST 635.13 PEET
ALONG THE NORm RIGHT OF WAY LINE OF PANDORA AVENUE TO A
POINT; THENCE RuN NORTH 01014'28" EAST 463.01 FEET OVBk AND ACROSS
THE WEST LINB OF LOT 26 AND 49, RESPBCTIV:EL Y, OF BLOCKS 6 AND 7 OF
.SAID WBSTBOYNTON, PLAT NO. 2CTOAPOINT; THENCERTJ'lITSOUTH
89054'09" WEST 632.82 FEET ALONG A LlNE 70.00 FBBT SOUTH OF AND
PARALLEL TO SAID NORm LINE OF THE SOU'I'HWBST ONE-QUARTBR (S.W.
1/4) OF SECTION 19 TO THE POINT OF BEGINNING.
EXHIBIT "A" ffiNI'INUED
PARCEL 2 DESCRIPTION
(EXHIBIT "A" O.RB. 6811 PAGE 237 PALM 13EACH COUNTY)
LOTS I THROUGH 19 INCLUSIVE. AND LOTS 57 THROUGH 74 INCLUSIVE,
BLOCK 8, PLAT 2C, WEST BOYNTON, ACCORDING TO THE PLAT THEREOF
ON Fll.E IN TIlE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 15 AT PAGE 14.
ALSO:
SUBJECT TO RESOLUTION TO AB.AJljDON AND VACATE WITHIN THE PLATS
OF WEST BOYNTON PLAT NO. 213, PLAT BOOK IS, PAGE 13, AND WEST
BOYNTON PLAT 'NO. 2e, PLAT BOOK IS. PAGE 14, SECTION 19, TOWNSHIP 45
SOUTH, RANGB 43 HAST, PALM BBACH COUNTY, FLORIDA. lUiCORDBD IN
OFFICIAL RECORD BOOK 2389, PAGE 1805.
EXHIBIT "A" CONI'INUED
PARCEL 3 DESCRIPTION
A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF
SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE POINT OF BEGINNING AT THE SOUTHWEST CORNER OF BLOCK
7, WEST BOYNTON PLAT 2C, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK I 5, PAGE 14, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING THE SOUTHWEST
CORNER OF PARCEL I O.R.B. 681 I PAGE 237; THENCE RUN NORTH 87043'42"
EAST A DISTANCE OF 485.69 FEET ALONG THE NORTHERLY RIGHT OF WAY
LINE OF PANDORA A VENUE TO THE SOUTHEAST CORNER OF LOT 56 IN
BLOCK 7 OF SAID WEST BOYNTON PLAT 2C; THENCE RUN SOUTH 01002'00"
EAST A DISTANCE OF 40.0 I FEET OVER AND ACROSS THE SAID RIGHT OF
WAY OF PANDORA A VENUE TO THE SOUTH RIGHT OF WAY LINE OF SAID
PANDORA A VENUE AND THE ADJOINING LOT LINE OF LOTS 19 AND 20,
RESPECTIVELY, OF BLOCK 8 OF SAID WEST BOYNTON, PLAT NO. 2C;
THENCE RUN SOUTH 87043'42" WEST A DISTANCE OF 485.98 FEET ALONG
THE SOUTH RIGHT OF WAY LINE OF PANDORA A VENUE TO THE
NORTHWEST CORNER OF BLOCK 8, OF SAID WEST BOYNTON, PLAT 2C AND
THE EASTERLY RIGHT OF WAY LINE OF HOLT STREET; THENCE RUN
NORTH 00036'38" WEST A DISTANCE OF 40.02 FEET OVER AND ACROSS THE
SAID RIGHT OF WAY OF PANDORA A VENUE TO THE POINT OF BEGINNING.
EXHIBIT "A" CDNTINUED
PARCEL4
A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-QUARTER (8. W. 1/4) OF
SECTION 19, TOWNSHI!' 45 soum, RANGE 43 EAST. PALM BBACH COUNTY.
FLORIDA. BEING MORE PARTICULARLY DBSCRlBED AS FOLLOWS:
COMMENClNO AT THE WEST ONE-QUARTER (JI. 1/4) CORNER OF SAID
SECTION 19; mENCE RUN EAST 671 08 FEET ALONG THE NORTH LINE OF
THE SOUTHWEST ONE-QUARTER (S.W. 114) OF AFORESAID SBCTION 19 TO A
1'000; THENCE, RUN SOUTH 01.31 '39" WEST70.030 FBBT ALONG A
NORTHER.L Y EXTllNSION OF THE RIGHT OF WAY OF HOLT STREET TO THE
POINT OF BEGINNING; UiE'NCE SOUTH 00.36'38" EAST A DISTANCE OF
463.19 FEET ALONG THE EAST RIGHT 01' WAY LINE OF HOLT STREBT TO
1RB SOtlTHWBST CORNER OF BLOCK 7, OF SAID WBST BOYNTON, PLAT 2C
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 15 PAGE 14,
OF THE PUBLIC RECORDS OF P AL.'J BRACH COUNTY, FLORIDA, SAID RIGHT
OF WAY LINE ALSO BElNG THE WEST BOUNDARY LINE OF PARCEL 1 AS
RECORDED IN O.R.B 6811 1'0.237, PUBLIC RECORDS, PALM BEACH
COUNTY, FLORIDA; THl'JNCE CONTINUING ALONG THE EASTERLY RIGHT
OF WAY OF HOLT STREET SOUTIi 00"36'38" EAST A DISTANCE OF 40.02 FEET
OVER AND ACROSS THE RIGHT OF WAY OF PANDORA A VB. TO A POINT AT
THE SOUTH RIOlIT OF WAY LINE OF SAID P ANDORA AVENUE AND TIlE
NORTHWEST CORNER OF BLOCK 8 OF SAID WEST BOYNTON PLAT 2C;
THENCE RUN SOUTH 00'36'38" EAST A DISTANCE OF 200.08 FEET TO A POINT
AT TIlE SOUl'HWEST CORNER OF BLOCK 8 OF SAID WEST BOYNTON PLAT
2C AND THE NORTHERL YRIGHT OF WAY LINE OF QUENTIN AVENUE
HAVING A 40 FOOT RIGHT OF WAY; THENCBRUN NORm 87"43'42" WEST A
DISTANCE OF 20.00 FEET ALONG THE WESTEIU. Y BXTBNTlON OF 'IRE
NORTHERLY RIGHT OF WAY LINE OF SAID Qt1ENTIN AVENUE TO A 5/8 INCH
DIAMETER IRON AND CAP MARKED "CREECH El'fGINEERS LB. 6705";
TIiENCB RUN NORTH 00"36'38" WEST A DISTANCE OF 703.30 FEET TO A SIB
INCH DlAM.ElER lRON ROD AND CAP MARKPD .CREECH ENGINEERS LB.
6705"; THENCE RUN NORTII 87"43'42" BAST A DISTANCE OF 20.00 FEET TO
THE POINT OF BEGIl'iNING.
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VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
;-Tl
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1'0
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Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must'be Tu~a;L:
Meetin!! Dates in to City Clerk's Office MeetinG! Dates in to City Clerk's"Dfficc~ OJ
"-fT!
O::-J",",>
D D ,-- '-~'1""
August 1,2006 July 17,2006 (Noon,) October 3, 2006 September 18,2006 (Noon) .. c:
D August 15, 2006 July 31, 2006 (Noon) ~ October 17. 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 ONoon) 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 AnnouncementsIPresentations 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---- reference agreement between the City of Boynton Beach and
the Community Redevelopment Authority (CRA) for the use of two abandoned buildings for live fire training
exercise.
EXPLANATION: The CRA is in possession of several abandoned buildings that are scheduled for demolition. It is
the desire of our Fire Rescue Department Training Division to take advantage of these structures to allow for two live
fire training burns. The buildings are located at 603 & 607 N. Seacrest Blvd,
PROGRAM IMPACT: Live burn training is an integral part of any firefighter's hands on training and as such these
types of building opportunities are sought after by our training staff. Critical elements of this type of training include
fire suppression, safety and survival skills. This type of live training is critical to the safety and efficiency of our
firefighters.
FISCAL IMPACT: No direct cost to the city. The CRA will benefit by having the buildings removed at a reduced
expense.
AL TERNA TIVES: The use of props that simulate actual fire suppression activities, Props are rarely realistic. Fire
Training in a controlled environment, utilizing live fire in a real building, will provide the best means to equip our
firefighters (e.ctiveIY to save lives and property. ~
~ _/;0,.2::::::1..
Department Head's Signature i Manager's'slgnature
~
F: (2,.e.. 'l(~S( v~_
Department Name
Assistant to City Manager
\
~
City Attorney / Finance
S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM,DQC
1
2 RESOLUTION NO. R06-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING EXECUTION OF AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE BOYNTON BEACH COMMUNITY
9 REDEVELOPMENT AGENCY, FOR FIRE RESCUE
10 TRAINING; AND PROVIDING FOR AN EFFECTIVE
II DATE.
12
13 WHEREAS, the City's Fire Department desires to use the buildings located at 603
14 and 607 North Seacrest, Boynton Beach, Florida for the purpose of fire rescue training
15 exercises; and
]6 WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is
17 an invaluable tool to the department and the citizens and residents of the City;
18 WHEREAS, the owner of the building, The Boynton Beach Community
19 Redevelopment Agency, has agreed to allow the City to use the aforesaid building for fire
20 rescue training sessions.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clausc set forth above 's true and correct and
23
24 incorporated herein by this reference.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby authorizes the execution of an Agreement between the City of Boynton Beach and the
27 Boynton Beach Community Redevelopment Agency, allowing the use of the buildings at 603
28 and 607 North Seacrest Boulevard, Boynton Beach. Florida, for fire rescue training purposes,
29 A copy of that Agreement is attached hereto and made a part hereof as Exhibit "A",
Calrcso/agreemenL<JbbfdlHidden Brook Fire Rescue Training
Section 3,
That this Resolution shall become effective immediately upon passage,
2
3
PASSED AND ADOPTED this ~ day of October, 2006.
4
5
6
7
8
9
10
II
12
13
]4
15
]6
]7
18
]9
20
2] ATTEST:
22
23
24 City Clerk
25
26
27 (Corporate Seal)
28
29
30
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
Calresolagreements/bbfd/Hidden Brook - Fire Rescue Training
FIRE TRAINING AND CONTROLLED BURN AGREEMENT
THIS AGREEMENT is made on this ~ day of 2006, by and
between the City of Boynton Beach, Florida, a municipal corporation, with a business address of
100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as
"City")
And
Boynton Beach Community Redevelopment Agency, a Florida public agency created
pursuant to Chapter 163, Part ill, of the Florida Statutes, with an address of 915 South Federal
Highway, Boynton Beach, Florida 33435 (hereinafter referred to as "Owner"), together referred
to as the "Parties".
WITNESSETH:
WHEREAS, the City's Fire Rescue Department desires to conduct live fire bum training
exercises ("Controlled Bum Exercises") involving real property and structures for its
probationary and incumbent firefighters; and
WHEREAS, the Owner intends to demolish structure(s) on property located at 603 and
607 North Seacrest Boulevard, Boynton Beach (the "Property"), and has offered the City's Fire
Rescue Department the opportunity to use the Property for live fire structure burn training; and
WHEREAS, the structure(s) on the Property is/are owned by Owner, is/are described in
this Agreement, and meet the criteria for Controlled Bum Exercises; and
NOW, THEREFORE, in consideration of the promises and mutual covenants herein set
forth, it is agreed as follows:
I. Recitals. The foregoing recitals are true and correct at the time of the execution of
this Agreement and are incorporated herein.
2. Owner in fee simple. The undersigned Owner(s) hereby warrants and represents
to the City by their signature(s) below that Owner(s) is the fee simple title holder of record, and
is qualified to enter into agreements representing the property described below, with an address
of 603 and 607 North Seacrest Boulevard, Boynton Beach, Florida, hereinafter referred to as the
"Property" and more particularly described in Exhihit "A" which is attached hereto, and
incorporated herein by reference.
3. Actual Authoritv. Owner represents and acknowledges that all mortgage holders
and lien holders upon the Property consent to the City's use of the property in the manner
described herein, and acknowledges that the City is relying on the representations of Owner in
S:\CA\AGMTS\BBFD\Fire Training and Controlled Bum Agreement - Seacrest properties (2)WITH CHANGES (3).doc
entering into this Agreement.
4. Ownership Indemnification. Owner further agrees to hold harmless and indemnity
the City or any of its officers, employees, agents, representatives or servants from any and all
damage, actions, suits, claims or demands of whatever kind, made by or on behalf of any person
or entity as a result of Owner's representation regarding ownership and right of possession to the
Property, including but not limited to reasonable attorneys' fees, all costs of litigation and
investigation expenses caused by said damage, actions, suits, claim or demand.
5. Consent of Owner. Owner hereby acknowledges and agrees that Owner is
entering into this Agreement with the understanding that the Property and structure( s) described
in this Agreement will be burned by fire and partially or fully demolished by the Controlled Burn
Exercises. Owner further understands, acknowledges and agrees that the value of the Property
mayor may not decrease as a result of the Controlled Bum Exercise; Owner hereby understands,
acknowledges and agrees that no cause of action for loss or damages or diminution in value by
Owner shall lie against the City as a result of the execution of the Controlled Bum Exercise and
that by signing this Agreement, Owner has relinquished the right to bring a lawsuit or make any
claim or demand on the City for any loss or damage to Property resulting from the execution of
the Controlled Bum Exercises.
5.1 Nothing in this Agreement shall be interpreted or construed to be
the City's taking of private property without just compensation to Owner.
5.2 Owner hereby acknowledges and agrees that Owner shall receive
no compensation from the City.
6. Burning of Structures. Description. Remediation. Owner hereby grants the City
the right to enter upon the Property for the purposes of preparing for and conducting training
sessions for Fire Rescue Department personnel and specifically for the purpose of burning the
structures located on the Property.
6.1 Owner further acknowledges and agrees that the City shall have no
obligation whatsoever to clean up and/or remove any debris found on the
Property, other than as the City deems necessary, for the purpose of
conducting the Controlled Bum training sessions for the Fire Rescue
Department.
6.2 Owner agrees that any clean up on the Property after the
completion of the Controlled Bum training session is at the sole discretion
of the City and Owner shall be responsible for any costs associated with
the clean up ofthe Property after the Controlled Bum training session.
2
S:\CA \AGMTS\BBFD\Fire Training and Controlled Burn Agreement - Seacrest properties (2)WlTH CHANGES (3).doc
7, Liability. Acknowledging the exceptions of set forth in paragraph 4, "Ownership
Indemnification" and paragraph 5, "Consent of Owner", the City and Owner agree that each party
shaJl be responsible for any and aJl damages incurred as a result of their respective negligence.
However, neither City nor CRA waive their rights of sovereign immunity as set forth in Section
768.28, Florida Statutes.
7.1 Indemnification and Subrogation. The parties further agree that in
the event liability or damages are imposed against a party who was not at
fault, then the party at fault shaJl indemnify the non-faulting party. Such
indemnification shaJl include reimbursement for any and aJl damages,
actions, suits, claims or demands, arising from loss, injury or death to any
person or property, including but not limited to reasonable attorneys fees,
cost oflitigation, investigation costs.
8. Term of Agreement. This Agreement shaJl take effect upon approval and execution of
this Agreement authorizing the Fire Rescue Department to perform or execute the ControJled
Bum Exercise on the Property. The Agreement is for a term of one (1) year from the date
executed above. The covenants concerning indemnification and liability shaJl remain in effect
after the termination date,
9. Demolition. Notwithstanding any other provision herein, the structures located at 603
and 607 Seacrest Boulevard are currently scheduled to be demolished by the Owner for the
purposes of re-development. Therefore, if the ControJled Burn Exercise as contemplated within
this Agreement does not take place on or before October 30, 2006, the Owner will proceed with
demolishing the structures as previously scheduled prior to entering into this Agreement with the
City.
10. Termination. The City reserves the right to reschedule, cancel or terminate this
Agreement prior to conducting the ControJled Burn Exercise for any reason whatsoever. If the
ControJled Bum Exercise is rescheduled, canceJled or terminated, City shaJl so notify Owner in
writing, by certified mail, hand delivery or facsimile transmission within a reasonable time frame
prior to October 30, 2006, and the ControJled Burn Exercise must take place on or before
October 30, 2006.
11. Notice of Commencement. The City shall notify Owner in writing, by certified mail,
hand delivery or facsimile transmission of the date(s) it intends to perform the ControJled Burn
Exercise on the Property. City agrees to conduct the ControJled Burn Exercise on or before
October 30, 2006. The City shall notify Owner in writing, by certified mail, of the date of
completion of the ControJled Bum Exercise on the Property.
12. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered
by the Owner.
3
S:\CA\AGMTS\BBFD\Fire Training and Controlled Bum Agreement + Seacrest properties (2)WITH CHANGES (3).doc
13. Compliance with Governing Law. Owner and City agree to faithfully observe and comply
with all applicable federal, state, and local laws, including but not limited to codes, ordinances,
and regulations.
14. Venue. The parties agree that this Agreement shall be governed under the law of the State
of Florida and venue for any dispute arising out of this Agreement shall be in Palm Beach
County, Florida,
15. Notice, Whenever notice is given by a party, it must be given by written notice, sent by
certified United States mail, return receipt requested, by hand delivery or by facsimile
transmission addressed to the following:
CITY: CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425,0310
ATTN: City Manager
Fax (561) 742-6011
COpy TO: James A. Cherof, City Attorney
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425,0310
Fax: (561) 742-6054
OWNER: Boynton Beach Community Redevelopment Agency
c/o Lisa Bright, Executive Director
915 South Federal Highway
Boynton Beach, FL 33435
Fax: (561) 737-3258
COPY TO: Kenneth G. Spillias, CRA Attorney
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
Fax: (561) 640-8202
16. Entire Agreement. This Agreement represents the entire and integrated agreement
between the City and the Owner and supersedes all prior negotiations, representations, or
agreements written or oral. This Agreement may be amended only by mutual agreement of the
parties, upon written instrument of the same integrity, signed by both the parties.
4
S:\CA\AGMTS\BBFD\Fire Training and Controlled Bum Agreement - Seacrest properties (2)WITH CHANGES (3).doc
17, Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of
the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
18. Severability. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in
full force and effect, and be enforced to the fullest extent permitted by law.
19. No Contingent Fees. Owner warrants that it has not employed or retained any company or
person to secure this Agreement, and that it has not been paid any fee, or agreed to pay any person,
company, corporation, individual or firm, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this provision, the City shall have the right to terminate the Agreement
without liability at its discretion, and to otherwise recover the full amount of damages, if any,
assessed against the City, arising from the violation of this provision.
20. Insurance Certification. Owner agrees to read and sign the Insurance Certification below,
5
S:\CA\AGMTS\BBFD\Fire Training and Controlled Bwn Agreement - Seacrest properties (2)WITH CHANGES (3).doc
INSURANCE CERTIFICATION
Owner certifies that any and all insurance on the aforesaid building has been cancelled or
there is a non,existence of such insurance on the said structure, and that the existence of
any insurance on the structure, of any kind, would constitute peIjury and establish prima
facia evidence of intent to defraud which offenses are punishable by a court of competent
jurisdiction.
Owner's Initials
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this
_ day of , 2006.
Attest:
CITY OF BOYNTON BEACH
BY
Kurt Bressner, City Manager
JANET PRAINITO, CITY CLERK
APPROVED AS TO FORM:
Office of the City Attorney
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Attest:
By
Henderson Tillman, Chairperson
, Secretary
APPROVED AS TO FORM:
By
CRA Attorney
6
S:\CA\AGMTS\BBFD\Fire Training and Controlled Bum Agreement - Seacrest properties (2)WITH CHANGES (3).doc
Exhibit A
Lois 132 and 133 (less the SoutI115 feet of Lot 133), BJod< "n", in BOYNTON HILLS, . suhdMIIoll of the NW 1/4 of
the NW 1/4 of the SB 1/4. and the North baIf of the SW 1/4 of the NW 1/4 of the SE 1/4 of Sec:tIon 21, Townsldp 45
South of Range 43 East, as In Plat Book 4, P8ge 51, Public R...... of Palm IleIIcll County, Florida.
Parcel Idelllifieatlon Number, 08-43-45-21.07.002-13:10
and
Lots 130 and 131. BJod< "8", BOYNTON HILLS, as r<<orded In Plat Book 4, "age 51, Public Recorda of Palm Beach
CollDty. Florida, UtSS . pllftd of land for road ript-of-way PIII'p08eS ill SectIon 21, Townoblp 4S South, RaIlp 43
East, Palm Beach Counl1. Florida, more particularly d....nbed as folio...,
AU that portion of Lot 130, Block "n", BOYNTON HILLS, as recorded ill Plat Book 4, Page 51, PubBc ReeonIs of
Palm IleIIcll CounI1, FIorkla, ."mg Northeaster." of the are of a curve baWlg . 15 foot radiDs, being tupnt to the
~"V rIght-of.way Une of Gnmt CIreI. Sontb, N.W. 5th Court and tangeDt to the W....." right-of-way Une
of Sea",,_ BonIevard IS ........ on the rIpt-of-w.,. map of Seac:nst Boulevard 118 recorded In /load Book 5, l'Ipo
17' through 183, of IIlIkI Palm Beach Counl1, Florida, Public Records.
Pan:elldelltilieatlon Nmnl>en 08-43-45-21.07.Q02-1300
FiJeNIUIlbcr.~
Doublenmea
EOO/C:OO"d 1>0911
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM D.,
Requested City Commission Date Final Form Must be Turned
Meetin!! Dates in to Citv Clerk's Office
0 August 1,2006 July 17, 2006 (Noon,) 0
0 August ]5,2006 July31,2006 (Noon) ~
0 September 6, 2006 August 14,2006 (Noon) 0
0 September 19, 2006 September 5, 2006 (Noon) 0
Requested City Commission Date Final Fonn Must be Turned
Meetine: Dates in to Citv Clerk's Office
October 3, 2006 September 18,2006 (Noon)
October 17,2006 October 2, 2006 (Noon)
November 8, 2006
October 16,2006 (Noon)
U)
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November 6, 2006 (Noon)O
N
CO
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November 21, 2006
,-)
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NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
~ Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o
o
o
s:
I-/;~J
Lega]
Unfinished Business
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RECOMMENDATION:
Return cash bond of$4,000,00 to RCC III, LLC for the project known as Renaissance Commons (Phase III, Building # ] I),
EXPLANATION:
On July 12, 2006, the Building Divisiou sent to the Finance Department a cash bond of $4,000.00 for the completion of the
permitted work for the project known as Renaissance Commons (Phase III, Bui]ding # ]]) located at ]790 N, Congress
A venue. The work is completed and the Certificate of Completion issued on September] I, 2006,
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: No
Development Department
Department Name
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
Scire, Ruth
From:
Sent:
To:
Subject:
Large, Tim
Wednesday, September 27,20066:12 AM
Scire, Ruth
FW: Building # 11 Tea deposit
Ruth,
Can you handle this?
Timothy K. Large
Deputy Building Official
City of Boynton Beach
561,742-6352
Fax: 561-742-6357
-----Original Message-----
From: David Poist [mailto:wpoist@compson.com]
Sent: Tuesday, September 26, 2006 3:38 PM
To: Large, Tim
Subject: Building # 11 TCO deposit
Tim,
Regarding permit # 04,5291;
We posted a cash surety for Building 11 for the Tea We now have the CO and are requesting
return of the surety.
Please forward to this office or contact me as to how I may proceed.
Thanks
Dave Poist
EXHIBIT" A"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
OF
COMPLETION
Issue Date
9/11/06
Parcel Number
Property Address
08-43-45-17-15-004_0030
1790 N CONGRESS AVE
BOYNTON BEACH FL 33426
SUbdivision Name
Legal Description
Property Zoning
BLDG #11
PLANNED INDUSTRIAL DEV.
Owner . . . . .
COMPSON ASSOC OF BOYNTON BEACH
980 N FEDERAL HWY STE 200
BOCA RATON FL 33432
Contractor
. . . .
BLUEWATER BUILDERS INC
Application Number.
Description of Work
Construction Type
Occupancy Type
Flood Zone
04-00005291 000 000
SHELL ONLY-BLANKET
TYPE V/UNPROTECTED
MERCHANTILE
C FLOOD ZONE/MIN FLOODING
SPECIAL CONDITIONS
BUILDING #11
FFE 14.20 LAG 13.6 FLOOD ZONE A5 BFE 11' MAP/PANEL
120196-0005 C 930/82
Approved U'l~~ - ~ /
. . . . . . " Bu~~~i&~cu
VOID UNLESS SIGNED BY BUILDING OFFICIAL
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy,
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 06-105
FROM:
Bill Mummert, Director of Finance
William C. Bucklew, Building Official ~
TO:
DATE: July 12,2006
SUBJECT: CASH BOND - RENAISSANCE COMMONS - PHASE III (BLDG. 11)
1790 N CONGRESS AVENUE, SUITE 600
Attached is a check for $4,000.00 from RCC III, LLC. This is a cash surety for Renaissance Commons
(Building II) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are
completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
WCB:rs
Attachments/letter from James R. Williams and check # 215445308
xc: Permit File # 04-5291
EXHIBIT "c"
S:\Development\BUILDING\Memos\Cash Bonds. FY 2006\Renaissance Commons (Bldg 11) 04-5291.doc
-67/67/2686 8S:57
5619971618
QJJMWAV
PAGE 62/112
, '
.
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.
.....
QuINCY JOHNSON
JO~ESR ~ffi ';\iL~r;ws
....
.
(
June 28, 2006
TImothy Large - Building Official
Building Department
Oty of Boynton Beach
100 B. Boytlton Beach Boulevard
Boynton Beach, FL 33425
ROR,RT F.- VAUCIIN. lR.. COo
ROnOl.FO C ACEVEDO. AlA
,^MES R. WILLlAM.I. AlA
SnVE" E. MYon AROfm.cr
RlCIIAJ\O C JONES. AlA. NCAR~
OyfN<""Y R. JOHNSON Iff. AlA. MIRM
Re: Renaissance Commons - Phase ill
Building 1-1
Penult No.: 04-5291
AAC00219lnBOOOI f~2
WWl".:tllllnty;ulul.'nlll.n)fn
Dear Tun,
We have inspected the above 'captfon.ed building and find it is ready fw a
Temponuy Certificate of Occupancy (TeO) with the following uncompleted item
required for the CO: .
. 1. Roof tile installation is 19% uncompleted With a value of the uncompleted
work being $4,000.
Thank you for your consideration in this matter.
,
,
SincerelY" (JJ~
~Williams, AlA
Partner
Quincy Johnson Jones Myatt William Architects
~,
,.
EXHIBIT "D"
949 Clint Moore Road, Boca Raton. Florid. 33487 . ".." 56/ 9979997 _ P^" 5619971610
5560 Roc Ridge Road. SUIl" D5 . Sara.ot.. Florida 34233 " 'HON.941 377588 / . .., 941 377 5884
".1,0/1" f.<:TlIRI'
UL-07-2006 08:55AM FAX: 5619971610
l".ND I'lANN/Nt;
10:
I\lT<J(lOi< PI'Si(;"
PAGE:002 R=96~
II' ~004'1 ~II' ~~O 2000/'17'11: b800 2 ~5445:10841l'
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~ - ---- - ----- - --- - -- -- -- - - - - -- - --- -- ---- -- --- -- ,--- -- -- -- -- - -- - -- --" - --- --------- ---- --- -- ----
CITY OF BOYNTON BEACH
Boynton Beach. Florida
LLARS
.
EXHIBIT "E"
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VI.-CONSENT AGENDA
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
U)
0 Announcements/Presentations 0 City Manager's Report rn
~o
NATURE OF 0 Administrative 0 New Business 1',)
AGENDA ITEM cT>
~ Consent Agenda 0 Legal
1]
0 Code Compliance & Legal Settlements 0 Unfmished Business J>.
0 Public Hearing 0 r
G.)
Cf'
Requested City Commission Date Final Form Must be Turned
Meetine. Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon,) 0
0 August 15,2006 July 31, 2006 (Noon) ~
0 September 6, 2006 August 14, 2006 (Noon) 0
0 September 19,2006 September 5. 2006 (Noon) 0
RECOMMENDATION:
Requested City Commission Date Final Form Must be Turned
Meetine: Dates 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)
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Return cash bond of$55,00 to Chris Kauper for the project known as Walgreens (warehouse interior completion),
EXPLANATION:
On September 15,2005, the Building Division sent to Ihe Finance Department a cash bond of$55,00 for the completion of
the permitted work for the project known as Walgreens (warehouse interior completion) located at 1936 High Ridge Road,
The work has been completed and the Certificate of Occupancy was issued on November 4, 2005,
PROGRAM IMPACT: None
FISCAL IMPACT: None (Include Account Number where funds will come from.)
Development Department
Department Name
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM,DQC
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
OF
OCCUPANCY
Issue Date
11/04/05
Parcel Number . .
Property Address
08-43-45-16-31-000-0741
1936 HIGH RIDGE RD
BOYNTON BEACH FL 33426
Subdivision Name
Legal Description
Property Zoning
LIGHT INDUSTRIAL
Owner . . . . .
PREMIER GATEWAY CENTER
2100 PARK CENTRAL BLVD N # 700
POMPANO BEACH FL 33064
Contractor
GLOBAL CONSTRUCTION ASSOCIATES
Application Number.
Description of Work
Construction Type
Occupancy Type
05-00004088 000 000
INTERIOR COMPLETION
TYPE IV/UNPROTECTED
BUSINESS
SPECIAL CONDITIONS
WALGREENS
VOID UNLESS
OFFICIAL
Approved
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT" A"
.
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-179
TO: Bill Mummert, Director of Finance
FROM: Don Johnson, Building Official ~
DATE: September 15, 2005
SUBJECT: CASH BOND - W ALGREENS (Warehouse Interior completion) -1936 IDGH RIDGE ROAD
Attached is a copy of a cash deposit receipt in the amount of $55.00 from Chris Kauper of Global
Construction Associates. This is a cash surety for the Walgreens' warehouse interior completion and is to
be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should
occur within 30 days.
Upon completion of the deficiencies of the pennit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from Lon T. Carter, P.E. and receipt of cash deposit
XC: Timothy K. Large, Building Code Administrator
Permit File # 05-4088
EXHIBIT "B"
S:\DevelopmentIBUILDINGlMemos'Cash Bonds. 200SlWalgreens 05-4088.doo
,
rvIkAMM
Consulting
ReDlv to: Deerfleld Beach
Art Kamm, P.E. - LEED"
Bradly L. Brown, P.E. ' LEED"
Rick Gonzalez
Bob Connors, PE
Lon T. Carter, PE
MIke Pella, PE
Scott Meriwether
Rick Rao, P.E.
Nevena Parsons, P.E. - LEEDifJ
Bruce Miller, PE
Enrique Uribe, PE
Gordon Myers, P.E. - LEEDifJ
September13,2005
City of Boynton Beach
Building Department - Electrical Plan Review
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: WALGREENS BUILDING 8
To Whom It May Concern:
The minor electrical revisions. required to complete the electrical work (estimated to be
$50.00 maximum) for B.uilding 8 at Quantum Business Park will be submitted for your
review as "as-builf'drawings.
If you have any questions or if you require additional information, please contact me.
Sincerely,
KAMM CONSULTING, INC.
.L;-~
~//~
Lon T. Carter, P.E.
Director of Electrical Engineering
L TC:tas
EXHIBIT "c"
1407 West Newport Center Drive, Deerfield Beach, florida 33442 Phone 954.949.2200 Fax 954.949.2201
Branch Offices:
6 Fairfield Blvd. - Suite 7, Ponte Vedra Beach, Florida 32082 Phone 904.285.2009 Fax 904.285.3009
1408 Orange Avenue, Fort Pierce, Florida 34950 Phone 772-595-1744 Fax 772,595-1745
www.kammcoosultina.com
2005-652 (09.13.05) Itr.doc
EXHIBIT "D"
DEVELOPMENT DEPARTMENT
BUILDING DIVISION
CASH RECONCILIATION FORM
DATE: 9/14/05
r
BuildIng Receipt #: 40932
Comments: Cash surety for Walgreens Temp Cert of Occupancy
Permit # 05-4Q88
GIL Revenue Acct. # : 00HlOOO-220.99,OO
CURRENCY
Denomination $100.00 $0.00
50.00 0.00
20.00 40.00
10.00 10.00
5.00 5.00
1.00 0.00
0.50 0.00
0.25 0.00
0.10 0.00
0.05
0.01
Total Currency :~
Deposit to Cashiers
. ,
Prepared by Ruth SCIre
9114/05
IEPARTMEWT
. . . ". .. .
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g::e; 9/15/85 81 ReCeipt 00: 3IW>4
""'.........,.-"""""'......~.........._- -",.,,-..,-..... -,........-...."":'-..........- --:;~..... ......- ....-........,--""'" -~"""'... _."...... -......,...-.... -- ,- t Desc'ti tion _ ,Quantity Aaount
..ltYQF8~.$lAofl. ...' '. . . 9'l IISt:ELI.AIEOUS1.H $55."
:';..Yh~811li"h.ll!.tl... ~i# . rd.O.qq~oo T1'I1lS _ber! 2~~13U
. . 1,0' 61L imlUlIt _ber:
" 881111I21'1'191I
CASIIIlOIIIl
Tender detail
CA CASII
Totll tentlend
TotIl par-t
T1'I1lS ute: 9/1~/15 nit: 15:23:13
TIWlK 'tOO FOR YOlIR PlllIlPT PAYIIEIIT
;,N"-.,,..:t.
"
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VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
0 August 1,2006 July 17, 2006 (Noon,) 0
0 August 15,2006 July 31,2006 (Noon) [8]
0 September 6, 2006 August 14,2006 (Noon) 0
0 September 19,2006 September 5, 2006 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meetine: Dates 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)
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November 21, 2006
November 6, 2006 (Noor&'>
\it
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NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
[8] Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o
o
o
:t::
Legal
Unfinished Business
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RECOMMENDATION:
Return cash bond of$I,IOO.OO to RCC I, LLC for the project known as Pei Wei Asian Diner (Store # 80).
EXPLANATION:'
On December 14, 2005, the Building Division sent to the Finance Department a cllSh bond of$I,IOO,OO for the completion of
the permitted work for the project known as Pei Wei Asian Diner (Store # 80) located at 1750 N. Congress Avenue, Suite #
700. The work has been completed and the Certificate of Occupancy was issued on February 16, 2006.
PROGRAM IMPACT: None
FISCAL IMPACT: None (Include Account Number where funds will come from.)
Development Department
Department Name
Quintus
S:\BULLET!N\FORMSIAGENDA ITEM REQUEST FORM,DQC
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
CERTIFICATE
o F
OCCUPANCY
Issue Date
2/16/06
Parcel Number . .
Property Address
08-43-45-20-27-004-0020
1750 N CONGRESS AVE
BOYNTON BEACH FL 33426
Subdivision Name
Legal Description
Property Zoning
BLDG #5
PlANNED INDUSTRIAL DEV.
Owner . . . . .
COMPSON ASSOC OF BOYNTON BEACH
980 N FEDERAL HWY STE 200
BOCA RATON FL 33432
Contractor
MlKEN CORPORATION
Application Number. 04-00004713 000 000
Description of Work INTERIOR COMPLETION
SPECIAL CONDITIONS
PEl WEI ASIAN DINER SUITE #700
Approved. . . . . . . .~~u~ ~-..
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "A"
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
~~ .
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-240
TO: Bill Mummert, Director of Finance
FROM: Timothy K. Large, Building Code Administrato~~ --=:>
DATE: December 14,2005
SUBJECT: CASH BOND - PEl WEI ASIAN DINER (Store # 80) - 1750 N CONGRESS AVE., STE # 700
Attached is a Cashier's Check for $1,100.00 from RCC I, LLC. lbis is a cash surety for PEl WEI Asian
Diner (store # 80) and is to be held until all outstanding issues of their temporary Certificate of Occupancy
are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
TKL:rs
Attachments/letter from Timothy G. Pleger, AlA and check
XC: Permit File # 04-4713
EXHIBIT "B"
S:\Development\BUlLDING\Memos\Cash Bonds - FY 2006\PEI WEI Asian Diner.doc
II' ~ ~ '181, '111' i 1:02 2DOb8 [;81: [;800 [; 2 2 "157708811'
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EXHIBIT "C"
to: onan ~nn - KOom JM 12 Page 2 of 2
2005-12'1212:19:22 (GMT)
17633225031 From: BrIan Sm
15425NORTHGF'.EEN'NAY-KAYQENlOOP T +14809984200"
SUfTE 100 F +1480998 7223
SCOTTSDAlE, ARIZONA 65260
USA
Wi\!WFITCttCQM
FITCH
December 9, 2005
CIty Of Boynton Beach
Department of Development - Building Division
100 East Boynton Beach Blvd.
Boynton Beach, Aorfda 33425
Attn: Penntt Counter
RE: PEl WEI Asian DIner - Store #0080
Renalssance Commons
1750 N Congress Avenue, SUlte 700
Boynton Beach. Flortda
Dear Building OffIcial,
ThIs letter Is to confirm that construction on the aboIIe store location is substantJaJly OOflllIate and
that approximately $1,000 work remains to be completed, A fist of Incomplete work is provided
below, The Tenant wiN need to request Tet'TlpOI'aIylPartlaJ Occupancy on Friday, 1219105. rather
than the FuJI Certificate of Occupancy. The contractor wiD provide a cash surety for the remalnlng
unfinlshed work. AS the design professional, I am attesting to the amount required to cover the cash
surety as required by your department.
,. Insta" two (2) Honeywe/I1'hermoStlll8.
2. Purchase and Install two (2) access panels at Fan Coil Units FC-2 & FC-3.
3. Instan 'Unl-strut' support at Fan CoIl Unit, FC-2.
Please contact me If you have any questions.
".
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c: Brien smtth - PEl WE! Aslait DIr18r
Mlkt2lneVoy - MIKEN s:;Orp. " .
Doug'1{lner -' ffrCl'l" ,...'
., ,\
'. '.
'................
EXHIBIT "D"
DEC-12"2005 MON 19:28 TEL:
i'R'E :
15425 NORTH GREENWAY.HAYDEN LOOP T + 1 4BO 998 4200
.~. SUITE 100 F ..-1 4BO 99f1 7223
SCOTTSDALE, ARIZONA 852fj()
USA
WW'NFlTCH.COM
FITCtf
December 8, 2005
City of Boynton Beach
Department of Development - Building Division
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Attn: Permit Counter
RE: PEl WE' Asian Diner - Store #0080
Renaissance Commons
1750 N Congress Avenue, Suite 700
Boynton Beach, Florida
Dear Building Official,
This letter is to confirm that construction on the above store location is substantially complete and
that approximateiy $1 ,000 work remains to be completed, Due to a small number of issues, the
Tenant will need to request Temporary/Partial Occupancy on Friday, 12/9/05, rather than the Full
Certificate of Occupancy. The contractor will provide a cash surety for the remaining unfinished
work. As the design professional, I am attesting to the amount required to cover the cash surety as
required by your department.
Please contacl me ii you have any questions,
C: Brian Smith - PEl WEI Asian Diner
Mike Zinevoy , MIKEN Corp.
Doug Tener - FITCH
EXHIBIT "E"
AADoFrTCH.<NC.<l/bI.fITCH
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
0 August 1,2006 July 17,2006 (Noon.) 0
0 August 15,2006 Ju1y31,2006 (Noon) ~
0 September 6, 2006 Augusl 14,2006 (Noon) 0
0 September ]9, 2006 September 5, 2006 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Offic!;:
October 3, 2006 September 18,2006 (Noon)
October 17, 2006 October 2, 2006 (Noon)
November 8, 2006 October 16, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
~ Consent Agenda
o Code Compliance & Legal Settlemenls
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfmished Business
o
November 6, 2006 (Noo~
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RECOMMENDATION:
Return cash bond of$7,900.00 to Jacobs Industries, Inc. for the project known as the Tire Store (Parcel C).
EXPLANATION:
On June 9, 2006, the Building Division sent to the Finance Department a cash bond 0[$7,900,00 for the completion of the
permitted work for the project known as the Tire Store (Parcel C) located at 3940 Hypoluxo Road. The work has been
completed and the Certificate of Occupancy was issued on September I I, 2006.
PROGRAM IMPACT: None
FISCAL IMPACT: None (Include Account Number where funds will come from.)
ALTERNATIVES- None
Development Department
Department Name
CIty Attorney inance
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
~
Jacobs Industries, Inc
26750 US Highway 19 North
Suite 500
Clearwater, FL 33764
727-726-1390 Fax 727-726-4006
rnl~ I 9 ~]@
DEPARTMENT OF DEVELOPMENT
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Saturday. September 16, 2006
Reference:
ParcellD
Permit #
.,. .,,/
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u
ity
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f the leIfe;'from Perez Design that
~lfitem. Also enclosed is a copy
oynton Beach.
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Respectfully,
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Enclosure;
Perez Design Inc letter dated 06/08/06
Certificate of Occupanr;y dal<:d 091 i lI06
General Contractor
Lic# CG-C058387
EXHIBIT "A"
~~/12/2006 10:07
5619985360
KMA INVESTMENT
PAGE 02/02
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH PL 33425
CERTIFICATE
() F
o c .C U PAN C Y
Issue Date
9/11/06
Parcel Number . ..
Property Address !
08-43-45-07-20-000-0030
3940.HYPOLUXO :RD
BOYNTON BEACH ~L 33436
subdivision Name
Legal Description
Property Zoning
CClMMUNITY CO~RCIAL
GROVE PLAZA C iLLC
2061 NW BOCA R;ATON BLY # 106
BOYNTON BEACHFL 334~6
Owner . . . . .
Contractor
.
. . . .
JACOBS INDUSTRIBS INC
Application Number.
Description of Work
Construction Type,
OCcupancy Type
Flood Zone . . . .
OCCUPANCY LOAD
AUTOMATIC SPRINKLER
EDITION OF CODE .. .
SYSTE
05-00002798 000 000
COMMERCIAL BUI:LDING
TYPE IV /UNPROTECTBD
BUSINESS
B FLOOD ZONE/MIN FLOODING
100.0.0
NA
NA
SPECIAL CONDITIONS
TIRE STORE
. . .
Approved
. . . . . . . .
~ !d~e,..A-U/~~
~ilding Official
VOID uNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "B"
The described portion of the structure has been inspected for
compliance wit~ the requirements of the code for the occupancy
and division of OCCupancy and the uae for which the proposed
occupancy is classified.
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 06-098
TO:
Bill Mummert, Director of Finance
Timothy K Large, Building Code Administrat~
FROM:
DATE:
June 9, 2006
SUBJECT:
CASH BOND - TIRE STORE (Parcel C) - 3940 HYPOLUXO ROAD
Attached is a Cashier's Check for $7,900.00 from Jacobs Industries. This is a cash surety for the Tire Store
(Parcel C) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are
completed, This should occur within 30 days,
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
TKL:rs
Attachments/letter from Francisco Perez,Azua and check
XC: Permit File # 05,2798
EXHIBIT "C"
S:\Development\BUILDJNG\Memos\Cash Bonds - FY 2006\Tire Store (Parcel C) 05-2798.doc
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CITY OF BOYNTON BEACH
Soython liesch, Florida
FOR
$ 'l l1tJD J\
.
43616
20liP
EXHIBIT "D"
D
Perez Design
Plann~ Incorporated
AA-002886
June 8, 2006
Chief Building Official
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Reference: Grove Plaza Parcel 'C'
Dear Sir:
Construction of the Grove Plaza Parcel 'C' project has been completed with the exception of a few
items. Each category of construction with work remaining and the value of the work left to be
completed are listed below.
Landscaping
Airline System
Building
Site I Drainage
Site Lighting
Roofing
$400.00
$100,00
$100.00
$500.00
$6,600.00
$200,00
$7,900,00
Total
Please let us know if you have any additional questions or concems,
Respectfull~ l\'
c- ---2~71~/
Francisco Perez-Azua, President
Perez Design Inc,
EXHIBIT "E"
4205 West Atlantic Avenue, Suite 304
Delray Beach, FL 33445
Phone. 561.279,2006 Fax, 561.279.2801
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM H.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date FinaJ Form Must be Turned
Meetine: Dates in to City Clerk's Office MeetinlZ Dates in to City Clerk's Office
0 August 1,2006 July 17,2006 (Noon,) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July 3 1,2006 (Noon) [8:J 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 [8:J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
c:>
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~~-'i
RECOMMENDATION: c'...r<
Motion to approve full release of surety for the projeet known as Windsor Park of Commerce iu the amouut~ ", ~
$2,941.00, and return of the cash surety in this amount to the project developer, Wiudsor Park ofCommerce~LC:?~
I.D _ . ..'C::J
EXPLANATION:
Windsor Park of Commerce, LLC, the developer of this project placed a surety equal to 5% of the value of fli; :.0 .::;
potable water system, as a guarantee against defects duriug the one-year warranty period. As the installati~has:;; z
performed without failure dnring the warrauty period, the surety may therefore be refnnded to the develoJ1{s -ri g:;
(Windsor Park LLC, 7428 Wiles Road, Coral Springs, FL 33067). ."0 ,=:::!>
s:?
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
iaC'M ' S'
ty anager sIgnature
~~p */~, ,}h]~(
Department Head's SigTiature
UTILITIES
Department Name
er
XC: Peter Mazzella (w/copy of attachments)
Chris Roschek "
Mary Munro, Finance Dept.
City Attorney
File
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
DIRECT PAYMENT REQUISITION
Please issue a check in the amount of
$
2,941,00
To: Windsor Park of Commerce, LLC
7428 Wiles Road
Coral Springs, FL 33067
VR#
For: Release of surety - for Windsor Park of Commerce
Commission Approval October 17, 2006
Requested by
Pete Mazzella, Deputy Utilities Director
Date September 27,2006
Approvals:
Dept. Head
IldA{~~
~ A ILk,!
FUND DEPT BASIC ELE OBJ AMOUNT
401 0000 220 99 00 2,941.00
2,941,00
Finance Dept
City Manager
?-
EXHIBIT "N-2"
(LDR, Chap. 7, Art. I, Sec. 3.B.)
CASH BOND
KNOW ALL MEN BY THESE PRESENTS:
"-
Lt}1,,-o.)oL ~"IC~JVFla) (Lc. ""
That [I] [we], (.@t\\...lw~I'3 Hflft'le) . hereinafter called
PRINCIPAL, tenders unto the City of BOyn. ton Beach, a olitica} sublJivision of the State of
Florida, hereinaftlJ! called CITY, the full and just sum 0 J..I,,~1:4JIH (J#.)l:U. S.
Dollars ($ ';;2...11J.f/ ~), lawful money of the United States of America, to which ayment well
and truly made, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents:
[WHEREAS, the above bound PRlNCIP ~ has re~~~~ the CITY for the
recording of a certain subdivision plat known as ~ f:r, J . and such
recording is prior to completion of construction of the Requit~ Improvements as prescribed by
the Subdivision, Platting and Required Improvements Regrtlations, Chapters 2.5, 5 and 6
respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the
REGULATIONS, pertaining to said subdivision;] or
~EREAS, ~ ab~ve bound PRlNCIP Af' ~"jf~v~~.?2 the CITY for.the
construction of a certain project known as I.P I-J u cv.. and such project
shall construct and install the required public improvements to support the Project pursuant to the
terms of the Permit,] and
WHEREAS, PRlNCIP AL has been issued that certain r ..,p, ; r v ,.... '. V,llle
. P~tl [Land Development Permit] Number . hereinafter the PERMIT, for
construction of said Required Improvements, a copy of which is attached'hereto and by reference
made a part hereof; and
WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this
bond be executed.
NOW, THEREFORE, the conditions of this obligation are Sll~4 that if the above bound
PRlNCIP AL shall in all respects comply or cause others to comply wilq;;the terms and conditions
of said PERMIT, within the time specified, and shall in every respectJ]1fill [its][his][her][their]
obligation thereunder and under the plans therein referred to, then this obligation to be void;
otherwise, to be and remain in full force and effect.
The PRlNCIP AL and CITY agree that the City Engineer may, in writing, reduce the
initial amount stated above in accordance with the requirements of said REGULATIONS.
Page 1 of 3 pages
The PRINCIPAL unconditionally convenants and agrees that if the PRINCIPAL fails to
perform within the time specified by the PERMIT, all or any part of [its)[his][her][their)
obligation established by said PERMIT and the REGULATIONS, the CITY, upon thirty (30)
days written notice from the CITY or its authorized agent to the PRINCIPAL or its authorized
agent or officer, shall, at CITY'S option, have the right to complete the PRINCIPAL'S
obligation Of, pursuant to public advertisement and receipt of bids, cause to be completed these
aforesaid improvements in the case the PRINCIPAL should fail to or refuse to do so in
accordance with the terms of the PERMIT. In the event the CITY should exercise and give
effect to such right, the PRINCIPAL shall be liable and the monies tendered hereby shall be used<
to reimburse the CITY the total cost thereof, including, but not limited to, engineering, legal, and ~
contingent costs, together with any damages either direct or consequential, which may be
sustained on account of the failure of the PRINCIPAL to carry out and execute all the terms and
provisions of the PERMIT.
lit;;, WITNESS WHE~F, the PRINCIPAL has executed these presents this 2D day of
,20~.
(CORPORATE SEAL)
BY:
A TrEST:
(signature of other corporation officer)
(Med name) - (title)
(Impressionable corporate seal)
ADDRESS:
14)8 fJ..J,[rs to
~sf.tJ'''~W, p(,. 3:3067
STATE OF
COUNTY OF
FL.
~wP
)
)
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v
.:::s~~<;:)'\) ~~\\c...:
BEFORE ME personally appeared (print name) who is personally
known to me, or has produced'1:::i \\ ~ \ ).~~ ~q~~t,;ation and who executed
the foregoing instnnnent as [Vice) President of fe'lilfnre t:Il.o-:,i~cccorporation, and
severally acknowledged to and before me that [he][she] executed such instnnnent as such officer
of said corporation, and that the seal affixed to the foregoing instnnnent is the corporate seal of
Page 2 of3 pages
,...
said corporation and that it was affixed to said instrument by due and regular corporate authority,
and that instrument is the free act and deed of said corporation.
My commission expires:
WITNESS my hand and official seal this . ~
~
~~ ?\\:
(Seal)
~.
1';1\ Dawn P1Ie/
. ~ j My Commllllon DD3ONo7
~.. ~ Exp/,.. April 07, 2008
~
-OR,
(INDNIDUAL PRINCIPAL)
WITNESS:
BY:
ADDRESS,:
STATE OF
COUNTY OF
)
)
BEFORE ME personally appeared (urint name) who [is] [are]
personally known to me or [has][have] produced [and .
respectively] as identification, and who executed the foregoing instrument, and acknowledged
before me that [he][she][they] executed said instrument for the purpose expressed therein.
WITNESS my hand and official seal this
day of
,20_.
My commission expires:
( si !mature)
Notary Public
"
(Selil)
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MEMORANDUM
UTILITIES DEPARTMENT NO. 05-87
TO:
Mary Munro, Asst. to the Director, Finance Department (w/original & checks)
Jim Cherof, City Attorney (w/copy)
Peter Mazzella, Deputy Director of Utilities 12---
FROM:
DATE:
June 28, 2005
SUBJECT: Windsor Park of Commerce- Cash Bond Transmittal
Enclosed is a cash bond form as surety for the one-year warranty period of the water
improvements for the subject project. Please review this form, and if acceptable, retain
for further use. One check from Foglia Contracting Corp.,"{otaling $2,941.00 is also
included (Finance only) and comprises the cash surety for 5% of the value of the water
system. Supporting cost documentation was previously transmitted to the Finance
Department with the inspection fees.
If you find any deficiencies in this cash bond form, or have any questions regarding it,
please contact me directly.
Attachment
Xc: Laurinda Logan, Engineering
File
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VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetine. Dates in to City Clerk's Office Meetin!! Dates in to City Clerk's Office
0 August I, 2006 July 17, 2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July JI, 2006 (Noon) ~ October 17,2006 ~tober2,2006 (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 ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve the reclassification of the Code Compliance positions as follows:
Code Compliance Officer
Code and Rehabilitation Officer
Chief Code & Rehabilitation Officer
Code Compliance Administrator
From Pav Grade
17
17
19
26
To Pav Grade
18
18
20
27
EXPLANATION: In February, the Code Compliance positions were upgraded one (I) level as recommended by MGT of
America, However, the attached survey, which was conducted by the City's Code Compliance Officers and reviewed by
Human Resources, confirms that the Code Compliance Officers in Boynton Beach perform additional duties as compared to
other jurisdictions and that they should be increased one (I) more pay grade to a level 18. Minimum qualifications,
certifications, complexity of the knowledge required in the field and the impact of errors were all reviewed and considered
prior to recommending this pay grade increase. Additionally, the complexity of the knowledge required by a Code
Compliance Officer and the impact of error is comparable to the City's Environmental Inspector, which is also a pay grade
18, Extrapolating the data to support an increase in one (I) pay grade for the Code Compliance Officer also justifies the
higher pay grade (one (I) level) for the other Code positions as listed above,
PROGRAM IMPACT: The City's Code Compliance staff is currently performing duties that exceed other jurisdictions,and
they should be compensated accordingly. Not compensating employees appropriately leads to a decline in productivity arid
morale and an increase in turnover. 9
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FISCAL IMPACT: The fiscal impact to increase the Code Compliance positions will cost $22K annually,
AL TERNA TIVES: Not approve the pay grade increase and continue to pay the employees at the lower level.
.
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S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,OOC
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Assistant to City Manager ~
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City Attorney I Finance
S.\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
I
2 RESOLUTION R06-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA,
7 APPROVING AND ADOPTING REVISIONS TO THE
8 CODE COMPLIANCE DIVISION OF THE 2005-2006
9 CLASSIFICATION AND COMPENSATION STUDY;
10 AND PROVIDING AN EFFECTIVE DATE.
II
12
13 WHEREAS, on January 17, 2006 the City Commission adopted Resolution 06,
14 030 approving the Classification and Compensation Study performed by MGT; and
15 WHEREAS, as a result of the appeal process which is defined in the contracted
16 Classification and Compensation Study with MGT of America, additional research was
17 conducted revealing some additional changes were appropriate; and
18 WHEREAS, additional research was conducted by the Code Compliance
19 employees who felt their jobs were not in the correct pay grade; and
20 WHEREAS, the extra duties and responsibilities that the City of Boynton Beach
21 Code Compliance Division perform compared to other jurisdiction's officers provide
22 support for the upgrade request.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby approve and adopt revisions to the Classification and Compensation Study
performed by MGT as follows:
2
Code Compliance Officer, Senior from pay grade 17 to pay grade 18
3
Code and Rehabilitation Officer from pay grade 17 to pay grade 18
4
Chief Code and Rehabilitation Officer from pay grade 19 to pay grade 20
5
Code Compliance Administrator from pay grade 26 to pay grade 27
6
Section 3.
This Resolution will become effective immediately upon passage.
7 PASSED AND ADOPTED this _ day of October, 2006.
8
9 CITY OF BOYNTON BEACH, FLORIDA
10
11
12
13 Mayor ~ Jerry Taylor
14
15
16
17 Vice Mayor ~ Carl McKoy
18
19
20
21 Commissioner ~ Robert Ensler
22
23
24
25 Commissioner ~ Mack McCray
26
27 ATTEST:
28
29 Commissioner ~ Muir C. Ferguson
30
31 City Clerk
32
33
34
35 (Corporate Seal)
36
The City of
Boynton Beach
Human Resources
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742,6275
FAX: (561) 742'6274
To:
Kurt Bressner, City Manager
Through:
Sharyn M. Goebelt, IPMA,CP))iP1(
Human Resources Director ' U
Arleen M. Barton AdR
Human Resources I"'"
From:
Date:
October 3, 2006
Re:
Code Compliance Pay Grade Review
History:
At the completion of the initial MGT Compensation and Classification Study, the Code Compliance
classifications were not recommended for upgrade, At that point, the Code Compliance employees appealed
to MGT for a further review and the classification was upgraded. The following changes were approved by
the Commission and the affected employees were given a 5% increase, effective February 8, 2006:
Title
Code Compliance Officer
Code Compliance Officer, Sr
Current Pay Grade
14
16
Recommended Pay Grade
15
17
Because the Code Compliance employees still felt their jobs were not in the correct pay grade, they
conducted their own salary survey, which they submitted at the Budget hearings. In their survey the Code
Compliance employees included five (5) jurisdictions that were not included in MGT's survey and excluded
some that MGT did use, Human Resources analyzed the data from the code compliance employees' survey
using both MGT's and Code Compliance surveyed jurisdictions and found that the City's Code Compliance
Officer salary range was higher by an average of3.7%, Utilizing just the jurisdictions the Code employees
surveyed, their salary range was only .29% below at the minimwn and was 1.5% higher at the maximwn,
The minimum and maximum of the salary ranges were increased by 8.5% effective October 1,2006.
In the August 21" meeting with the City Manager, the Code Compliance Officers agreed with the HR salary
analysis, However, they felt that the survey only addressed Code Compliance Officers and did not address
Senior Officers and that the survey did not compare job responsibilities and/or requirements. According to
MGT, it is not feasible to target all job titles in the City, thus select job titles were identified as benchmarks,
The Code Compliance Officer was selected as a benchmark classification and the data was extrapolated for
the other job levels in Code Compliance, such as Code Compliance Officer, Sr.
':An Equal Opportunity/ Affimlative Action/ADA Employer"
10/5/2006 9:25:00 AM
S:/HR/Code CompliancefReview for Upgrade
Code Compliance Duties and Responsibilities Survey:
In order to compare their job duties and responsibilities, the Code Compliance employees performed a
telephone survey of the MGT jurisdictions plus Delray Beach for a total of sixteen (16) jurisdictions, They
did not include the four jurisdictions with the highest salary ranges; however, they did include these
jurisdictions in their salary survey. Eighteen (18) duties/responsibilities were included in the survey. HR
was given the summary results of the survey plus copies of the individual survey sheets. The telephone
respondents' answers were marked yes or no, with no other information given as to their responses. HR
analyzed the data from the telephone survey,
The following indicates those duties/responsibilities which more than half of the
jurisdictions, nine (9) or more, did not perform, but that the City Of Boynton,Beach's Code
Compliance Officers perform:
. Prosecuting of crimes against the elderly (Example,contractor overcharging for
permits, licenses, etc.)
. Assist Police in S.W.AT and vice operations
. Remove homeless encampments
. Serve notices for false alarms for police and Fire
. Serve notice to sexual predators with Police accompaniment
Analysis:
. The prosecution of contractor crimes against the elderly and removing homeless encampments
indicate additional duties as compared to other jurisdictions' Code Compliance Officers. Three (3)
other jurisdictions perform these duties.
. The City's Code Officers serve notices for false alarms for Police and Fire, which is a different duty
than other Code Officers; however, this is done in cases when the bills are sent out but not paid and
the Officers are accompanied by a Police Officer. Five (5) of the surveyed jurisdictions serve notices
for Police and four (4) for Fire.
. Serving notice to sexual predators, accompanying the Police, is done by one other jurisdiction, the
City of Lake Park.
. Assisting the Police in S.W.A.T. and vice operations was done by seven (7) other jurisdictions,
. Of the eighteen (18) duties/responsibilities performed by the City's Code Compliance Officers, more
than three,fourths of them, fourteen (14) duties are performed by Code Compliance Officers in the
surveyed jurisdictions. Of the four (4) remaining duties, three (3) of the duties not performed by
others are performed by the City Of Boynton,Beach's Code Compliance employees with the
accompaniment of a Police Officer.
Other Factors Examined:
Besides the salary comparisons and duties and responsibilities, mllllmwn qualifications, certifications,
complexity of the knowledge required in the field and the impact of errors were reviewed in considering this
pay grade change.
Minimum Qualifications:
The minimwn qualifications used in the following table are taken from the official class descriptions. MGT
had included Fire Safety Inspection, Firefighter and EMT certifications on their class description for Fire
Inspector; however, the department felt only a Fire Safety Inspection certification should be required and
changed their recent advertisement accordingly. MGT in evaluating the classification would have given
more points to the Fire Inspectors because they were requiring the Firefighter and EMT certifications and the
schooling and the experience required to sit for the exams, whether not requiring certifications would reduce
the Fire Inspector pay grade has not been addressed. Previously there was no description for this
classification,
The table below compares the minimwn qualifications for education, for experience, the type of certification
required and the requirements to obtain the certification,
10/5/2006 9:25:00 AM
S:/HRlCode Compliance/Review for {Jpgrade
Minimum Qualifications
Minimum Minimum
Qualifications Qualifications
Title Education Experience Certification Renuirements for Certification
3 yrs in
customer
service, building
construction,
Code building There are no yrs of experience to sit for the
Compliance inspection or exam. An individual must take 40 hrs of
Officer; pay code F.A.C.E. Level I level I courses and receive 750/0 or higher
erade 15 HSorGED enforcement Certification on the code compliance exam.
Environmental HS or GED I yrof No certification
Inspector, pay experience required
grade 16 and/or training in
chemical/environ
mental testing
and industrial
pre,treatment
facility
inspections
Plans Review HS or GED I yr experience State of Florida In order to sit for certification exam, a person
Analyst, pay and/or training in Plans Examiner must have I offollowing: 5 yrs combined exp
grade 17 building plan Certification in construction, building code inspection, or
review or plans review (depending on certification area)
building OR postsecondary education equal to 4 years
construction with I yr being in construction, building code
inspection or plans review OR 4 yrs of
technical education with I yr being in
construction building code inspection or plans
review OR currently possesses standard
certification.
Fire Inspector, HS or GED Experience, Fire Safety There are no yrs of experience to sit for the
pay grade 17 training & Inspector exam. An individual must take courses in the
education which Certification fire safety inspector training program of not
provides the less than 200 hours and must satisfactorily
requisite complete the fire safety inspector certification
knowledge, exam.
skills, and
abilities for this
job.
Building HS or GED 4 years FL Standard In order to sit for certification exam, a person
Inspector, pay vocational! Building must have 1 offollowing: 5 yrs combined exp
grade 18 technical training Inspector in construction, building code inspection, or
in building Certification plans review (depending on certification area)
construction OR postsecondary education equal to 4 years
trades and with I yr being in construction, building code
building inspection or plans review OR 4 yrs of
inspection technical education with I yr being in
construction building code inspection or plans
review OR currently possesses standard
certification.
The Plans Review Analysts and the Building Inspectors must have 5 years of experience, as specified in the
Florida Statutes, before they can sit for their appropriate certifications; whereas the Code Compliance
Officers, the Fire Inspectors and the Environmental Inspectors have no such experience requirements, The
10/5/2006 9:25:00 AM
S:/HRJCode CompliancelReview for Upgrade
Florida Statutes require Fire Safety Inspectors to have completed a fire safety inspector training program of
no less than 200 hours. At present, Environmental Inspectors' and Code Compliance Officers' certifications
are not addressed in the Florida Statutes. Code Compliance certification is addressed by their own
organization and requires 40 hours of level I courses for Code Compliance Officers, making it the lowest of
the listed classifications in terms of certification requirements. Code Compliance Officer requires three (3)
years of experience in customer service or other more specific experience; whereas to be an Environmental
Inspector the individual must have one (1) year of experience and/or training in chemical/environmental
testing and industrial pre,treatment facility inspection. Therefore, in comparing minimum qualifications, the
classification of Code Compliance Officer would be more appropriate in pay grade 16 with the
Environmental Inspector classification,
Complexity of Knowledge Reqnired:
Of the classes listed in the table, the knowledge required to perform the inspection of buildings is the most
complex; the next two would be the knowledge required to analyze building plans and fire inspections and
then code compliance and environmental inspections.
Impact of Error:
An error made by any Inspector employed by the City Of Boynton-Beach could negatively impact the City's
credibility, financially and image,wise, Errors made by the Building 1nspectors, Plans Examiners and Fire
Inspectors are more likely to have greater negative effects than errors made by the Code Compliance Officers
and Environmental Inspectors.
Recommendation:
Since the salary ranges are being increased by 8.5% October 1, 2006, and the salary survey indicated that the
Code Compliance Officers' range was very close to the average, salary data does not indicate that an increase
is needed. If a jurisdiction is going to increase their ranges, it is usually effective October]; however, it is
most unlikely that any jurisdiction increased its range by 8.5%. Therefore, the pay range for Code
Compliance is not an indicating factor for a change in pay grade.
The extra duties and responsibilities that the Code Compliance Officers perform as compared to other
jurisdiction's officers provide some support for the upgrade request.
The Minimum Qualifications table shows that only the Fire Inspector and the Environmental Inspector
qualifications are somewhat comparable to Code Compliance Officer's qualifications. This does add support
to the upgrade request of the Code Compliance employees.
The Complexity of the knowledge required and the Impact of Error is comparable for the Environmental
Inspector and the Code Compliance Officer classifications.
It is therefore recommended that the Code Compliance Officer classification be moved from pay grade
15 to pay grade 16, which would move it two pay grades higher than it was before the MGT study.
Utilizing the same relationship between the Code Compliance classifications, it is further recommended that:
. Code Compliance Officer, Senior be moved from pay grade 17 to pay grade 18
. Code and Rehabilitation Officer be moved from pay grade 17 to pay grade 18.
. Chief Code and Rehabilitation Officer be moved from pay grade 19 to pay grade 20
. Code Compliance Administrator be moved from pay grade 26 to pay grade 27.
C: Scott Blasie, Code Compliance Administrator
10/512006 9:25:00 AM
S:/HRJCode Compliance/Review for Upgrade
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VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned
Meetin2 Dates in to City Clerk's Office
Requested City Commission
Meetin2 Dates
Date Final Form Must be Turned
in to City Clerk's Offig::
0 August 1, 2006
0 August 15,2006
0 September 6, 2006
0 September 19,2006
July 17,2006 (Noon.) 0 October 3, 2006
July 31, 2006 (Noou) ~ October 17, 2006
August 14, 2006 (Noon) 0 November 8, 2006
September 5, 2006 (Noon) 0 November 21, 2006
September 18,2006 (Noon)
~-'.;
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October 2, 2006 (Noon)O'
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October 16, 2006 (Noon) I
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November 6, 2006 (N~
-"
NATURE OF
AGENDA ITEM
o AnnouncementsIPresentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
~ Public Hearing
C3
o City Manager's Report ij
o New Business
o Legal
o Unfinished Business
o
_~z
-T1OJ
-::::-,-r,
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C')
RECOMMENDATION: Please maintain this request on the October 17, 2006 City Conunission Agenda under
Public Hearing. The continuing tabling of this request of the applicant is necessary to remain on the City Conunission
agenda, for date,certain tabling to the November 21,2006 meeting. For further details pertaining to the request, see attached
Department Memorandum No. 06,153,
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a 6 month Site Plan Time Extension for site plan approval granted on July 5,
2005, to extend site plan approval from July 5, 2006 to January 5, 2007.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
~
~ ~ M./L..
/ Planning and Zon4 Director City Attorney / Finance
S:\Planning\SHARED\ WP\PROJECTS\Peninsula @ Boynton Beach\SPTE 06-007\Agenda Item Request Peninsula Beach SPTE 06.007 1O~ 17 -06.dot
Assistant to City Manager
Un[/
S,IBULLETINlFORMSIAGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM A.
.1'>"",... h-,
,,-.' "
Requested City Connnission Date Final Form Must be Turned Requested City CoJTD1lission Date Final Form Must be Turned
Meetine Dates in to Citv Clerk's Office Meetim! Dates in to City Clerk's Office
0 August). 2006 July 17, 2006 (Noon,) ~ October 3, 2006 September 18,2006 (Noon)
0 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 OctobeT J 6,2006 (Noon)
0 September) 9, 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 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
~ Puhlic Hearing 0
RECOMMENDATION: Please place this request on the October 3, 2006 City Connnission Agenda tmder
Public Hearing. The Community Redevelopment Agency Board, on September 12, 2006, reconunended that the subject
[equest be tabled to thenext CRA Board meeting which bas been re,scbeduled for October 25, 2006. This was at the request
of the applicant as necessary to noti1Y a group of adjacent property owners originally excluded due to deficient postage. The
item should remain on the City Connnission agenda, for date-certain tabling to the November 21, 2006 meeting, to maintain
validity of the ,notices that Were mailed successfully. For further details pertaining to the request, see attached Department
MemorandmnNo.06-153.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRlPTION:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a 6 month Site Plan Time Extension for site plan approval granted on July 5,
2005, to extend site plan approval from July 5,2006 to January 5, 2007.
PROGRAM IMPACT: N/A
FlSCALIMPACT: N/A
ALTERNATIVES: N/A
'~~~~~~entDirector
City Manager's Signature
4c.J Assistant to City Manager
Planning and ~r City Attorney / Finance
S:\Ptanning\SHARED\WP\PROJECTS\PeninSUJa@Boynton BeacblSPTE 06~OO7\Agenda Item Request Peninsula Beach SPTE 06-007 IO-3-06.dot
S,IBUlLETlN\FORMSIAGENDA I1EM REQUEST FORM,DOC
~ Ruden
~~IMcClosky
222 LAKEVIEW AVENUE
~1l!lO
WEST PALM BEACH, FLORIDA 33401
'1
,
(561)B38-4542
FAXe (561)514-3442
KIM.GLASCASTRO@RUDEN.COM
September 12, 2006
6
Mike Rumpf, AICP
Planning & Zoning
Boynton Beach City Hall
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
.,~.
~I '
JI
,
,
lANNJNG AND
, ZONING DlPl
RE: Postponement of Time Extension Consideration for The Peninsula IPUD
Dear Mike:
On behalf of Waterbrook Development, LLC, we request a continuation of the hearings
scheduled for the September 12th CRA hearing and October 3Td City Commission hearing, as
several notices mailed to property owners within 400' were returned due to insufficient postage
for Canadian addresses.
New notices have been forwarded to these property owners, in advance of the October
IOthe CRA meeting and November 7th City Commission hearing.
We request that tonight's hearing be continued, date certain, to the October 10th CRA
meeting.
Sincerely,
RuDEN, McCLOSKY, SMITH,
SCHU TER & RUSSELL, P.A.
,
WPB:268460: 1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT.lAUDEIIDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 06-153
TO:
Chair and Members
Community Redevelopment Agency Board
. . I) -e..--
Michael Rumpf/"""'"
Director of Planning and Zoning
THRU:
FROM:
Kathleen Zeitler In .
Planner ~
DATE:
September 5,2006
PROJECT:
The Peninsula at Boynton Beach (SPTE 06-007)
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Waterbrook Development, llC
Applicant I Agent:
Tom Yianilos with Waterbrook, Inc.
location:
2649 North Federal Highway (see Location Map - Exhibit "A")
Special High Density Residential (SHDR ~ 20 du/ac)
existing land Use:
Existing Zoning:
Intill Planned Unit Development (IPUD - 20 du/ac)
Proposed land Use:
Proposed Zoning:
Proposed Uses:
No change Proposed
No change proposed
30 fee-simple townhouse units and 40 multi-family (condominium) dwelling
units
Acreage:
3.51 acres (152,974 square feet)
Adjacent Uses:
North:
Developed commerdal property within the Town of Hypoluxo, designated Residentia/-
Multiple Family (RH) land use and zoned Commercial Marine (CM);
South:
Vacant property designated Spedal High Density Residential (SHOR) and zoned Intill
Planned Unit Development (IPliO) (forthcoming Casa del Mar project);
East:
Right-of-way for the Intracoastal Waterway; and
West:
Right-of-way for U.S. 1 and then right-of-way for florida East Coast Railroad.
Page 2
Memorandum No, PZ 06,153
The Peninsula SPTE 06,007
BACKGROUND
;
Mr. Tom Yianilos with Waterbrook, Jne. (owner/developer) is requesting a six (G)-month site plan time
extension for The Peninsula at Boynton Beach Site Plan Development Order (NWSP 05,013), which was
approved by the City Commission on July 5, 2005. The site plan approval is valid for one (1) year from the
date of approval. If this request for a six (6),month time extension were approved, the expiration date of this
site plan, including concurrency certification would be extended to January 5, 2007.
The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study
Area J. According to the original site plan staff report, the proposed Peninsula at Boynton Beach is an Jnfill
Planned Unit Development approved for 30 fee'simple townhouse dwelling units and 40 multi-family
(condominium) dwelling units. The project has been approved for the following: a Land Use amendment
(LUAR 05,004) from Local Retail Commercial (LRC) and High Density Residential (HDR) to SpecIal High
Density Residential (SHDR - 20 du/ac) classification, a Rezoning (LUAR 05-004) from Community Commercial
(C-3) and Multi-Family Residential (R-3) to Jnfill Planned Unit Development (JPUD) zoning district, and a new
Site Plan (NWSP 05-013).
The entire project would be built in one (1) phase starting with the condominium building (40 units) followed
by townhouses (30 units). The 70 units are proposed within seven (7) separate buildings on the 3.51-acre
site (see Site Plan, Exhibit "B"). According to the floor plans, each townhouse building would have five (5)
units. Each unit proposed within the two (2) story townhouse buildings (Buildings 100 and 200) would have
3,bedrooms and private backyards that would be large enough to accommodate a small-sized swimming pool.
The number of bedrooms proposed within each three (3)-story townhouse building (Buildings 300 through
600) would range between two (2) bedrooms and four (4) bedrooms. Finally, the four (4) story condominium
with building with understory parking would have a mix of two (2) and three (3) bedroom units. The
recreation area would be located at the eastern portion of the development overlooking the Intracoastal
Waterway. It would include a 1,285 square foot cabana building and a swimming pool.
The design of the proposed buildings / clubhouse resemble a mixture between a Spanish-Mediterranean style
with its smooth stucco finish and S-tile roof, and a modern design with its decorative green Metropolis
shutters, decorative railings, multi-color awnings, and pre-cast decorative columns and accents. The exterior
walls of the buildings would consist of the following colors: dark brown, brown, yellow, light yellow, and
cream.
Since approval of The Peninsula at Boynton Beach, the adjacent property to the south has been similarly
rezoned to IPUD for the Casa del Mar project which proposes a total of 42 townhomes and 40 condominiums.
Both projects require a perimeter landscape buffer along their common property line which includes the
requirement for a six (6) foot masonry wall within each buffer. The Casa del Mar project was approved with
a condition of approval which states as follows: "Staff recommends working with your neighbor to the north
(Peninsula) to utilize their perimeter wall rather than building one immediately adjacent to it". These
forthcoming adjacent IPUD's will provide an opportunity for redevelopment in a highly visible entrance
corridor to the City.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided
that the applicant files the request prior to the expiration date of the development order. In this case, the
,"
Page 3
Memorandum No. PZ 06-153
The Peninsula SPTE 06,007
7
pplicant has met that requirement The Planning & Zoning Division received the applicatiOn for time
extension on May 26, 2006, a total of 40 days prior to the expiration date of the new site plan,
The applicant states that the original plan called for town homes, but changed during the site plan process to
include condominiums as well. The design process started with an architectural firm that specializes in homes
and town homes, but after the addition of condominiums, a second architectural firm had to be retained for
the permit drawings for the condominium building. The applicant's justification statement explains that it
took them longer (from July, 2005 site plan approval to March, 2006 building application submittal) to
complete their working drawings for the 7 proposed buildings due to the addition of a second architectural
firm.
According to the justification submitted for the requested time extension, the applicant lists the following
accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1)
purchased property in September, 2005; (2) relocated 21 mobile home residents; (3) obtained South Florida
Water Management District permit (#50-07266 issued in February, 2006); (4) submitted for building permits
(site, townhouse buildings 1-6, condominium building, clubhouse); paid application fees for utility capacity
reservations (water and sewer); and paid impact fees in the amount of $315,763.42. The applicant has
submitted revised building permit drawings which are now undergoing a second review. The applicant
expects that the issuance of building permits is imminent, and requests a six (6) month site plan time
extension.
/-.>"
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for The Peninsula at
'>ynton Beach project based on a total of 70 proposed residential units. Based on the Traffic Division's
. ,c!view, it has been determined that the project is located within the Coastal Residential Exception Area of
Palm Beach County whIch exempts residential units from traffic concurrency requirements, and the project
meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after
the build-out date of 2007.
The site plan time extension is still subject to the original 47 conditions of site plan approval. lastly, no new
land development regulations are now in place against which the project should be reviewed and modified.
As for application of the Art in Public Places ordinance, site plan approval occurred prior to adoption of
Ordinance 05-060.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a six (6)-month time extension of the site plan (NWSP 05-013)
for The Peninsula at Boyntoh Beach project. If this request for extension were approved, the expiration of this
site plan, including concurrency certification, would be extended to January 5, 2007. Staff is generally in favor
of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the
Community RedeveJoPlTlel)tAgency and the Federal Highway Corridor Community Redevelopment Plan toward
. greater residential uses in this area and economic revitalization. The Proposed Peninsula at Boynton Beach
project will provide an opportunity for redevelopment in a highly visible entrance corridor to the Oty, Increase
the value of adjacent and nearby properties, and contribute to the overall economic development of the City.
In addition, the Peninsula project is proposed at a scale and massing that will provide a transition Into the
downtown area and provide a variety of housing on site. If this request for site plan time extension is
"'proved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed
,ring the building permit process. Any additional conditions recommended by the Board or City Commission
shall be documented accordIngly in the Conditions of Approval (see Exhibit "C").
S:\Plannlng\SHARED\WP\PROJECfS\PeninsuJa @ Boynton Beach\SPTE 06'OO7\Slaff Report.doc
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EXHIBIT B
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EXHIBIT "C"
Conditions of Approval
Project name: The Peninsula at Boynton Beach
File number: SPTE 06,007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Connnents: None X
.
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
._--"
l. The site plan time extension shall be subject to all previous Conditions of X
Anmoval.
Conditions of Approval
2
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DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\PJanning\SHARED\WP\PROJECfS\Peninsula\SPTE\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Peninsula at Boynton Beach
APPLICANT'S AGENT: Thomas Yianilos, Waterbrook, Inc.
APPLICANT'S ADDRESS: 715 E. Hillsboro Boulevard, Deerfield Beach, FL 33441
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 3, 2006
TYPE OF RELIEF SOUGHT: Request a six (6) month site plan time extension to construct 30 fee,
simple townhouse units and 40 condominium units on 3.51 acres in the IPUD zoning district
LOCATION OF PROPERTY: On the east side of U.S. 1, approximately 1,600 feet north of
Gateway Boulevard
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
J:\SHRDATA\Planning\sHARED\WP\PROJECTS\PeninSula@ Boynton Beach\SPTE 06-007\OO.doc
,
/
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
Tom Pagnotta, Director of Operations for Southern Homes of Palm Beach V, LLC,
indicated they hoped to bring the A model units to the market in the high $2005, and $350K for
the rest, subject to final site plan and architectural approvals.
Motion
Ms. Heavilin moved to approve the request for new site plan approval for Baywalk's 40 town
house units on a 2.26-acre parcel in an IPUD zoning district. Ms. Horenburger seconded the
motion.
Mr. Myott asked to add, "subject to all conditions of approval" and Ms. Heavilin and Ms.
Horenburger agreed to the addition. The motion passed 7-0.
D. Site Plan Time Extension
1.
Project:
Agent:
Owner:
Location:
Peninsula (SPTE 06-07)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a six month Site Plan
Time Extension for site plan
approval granted on July 5, 2005, to
extend site plan approval from July
5,2006 to January 5,2007.
The board agreed to postpone this item to its October meeting at the agent's request.
VIII. Pulled Consent Agenda Items
.:. Consent Aoenda Item VI-C. Aooroval of the Minutes CRA Board Meetino - Auoust 8.
2006
Ms. Heavilin wished to make a correction on page 17, fourth paragraph down, where it said Ms.
Heavilin would continue to meet with the City Commission for information purposes. It should
have read that Ms. Bright would continue to meet with the City Commission for informational
purposes.
Attorney Spillias noted on page 10 of the same minutes, last paragraph, end of second line, it
read "while contracts were ongoing" and it should read "while contract negotiations were
ongoing."
Ms. Horenburger referred to page 8 in the paragraph beginning, "The CRA was interested in
learning whether a market analysis..." and stated she had expressed interest. In another
instance on page 9, it said the CRA expressed concern about school funding, and she had been
the one to express it. She was interested in the lack of attribution and the generalizing of these
statements and asked Attorney Spillias his opinion of what should be done. Mr. Spillias
responded that in some cases, the Recording Secretary might not have caught who asked the
question and it could also be that after an item was discussed, there appeared to be consensus
among the board. Mr. Spillias indicated the minutes should reflect as accurately as possible
10
1(
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(-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
VIII.-PUBLlC HEARING
ITEM B.
Requested City Conunission Date Final Fonn Must be Turned
MeetiDlz Dates in to City Clerk's Office
Requested City Corrunission
Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 August I, 2006
0 August 15,2006
0 September 6, 2006
0 September 19, 2006
July 17,2006 (Noon,) 0 October 3, 2006
July 31, 2006 (Noon) ~ Octobcr 17,2006
August 14,2006 (Noon) 0 November 8, 2006
September 5, 2006 (Noon) 0 November 21, 2006
September 18, 2006 (Noon)
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October 2, 2006 (Nooi;
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-U
Octobcr 16, 2006 (Noo'RJ
_J
Novembcr 6, 2006 (N""lI1
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NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
~ Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinisbed Bnsiness
o
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RECOMMENDATION: Please place this request on the October 17, 2006 City Commission Agenda under
Public Hearing, The Planning and DeveJopment Board, recommended that the subject request be approved on September 26,
2006, subject to all staff comments and an additional condition (recommendation) that the City Commission obtain approval
for a second railroad crossing at the south end of this M,J zoned area. For further details pertaining to the request, see
attached Department Memorandwn No. 06-175.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Ocean 95 Exchange Plaza (NWSP 06-020)
Crockett Farnell
Boynton Industrial, LLC
514,516,518 West Ocean Avenue
Request new site plan approval to construct 133,911 square feet of office / warehouse on
a 6.77-acre parcel in the M,J Industrial zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: ~/A
ALTERNATIVES: ' N/A
DeveJopmen Department Drrector
~C M 'S'
Ity anager sIgnature
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Planning and Zoning rr tor City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\O ean 95 Exchange Park\Agenda Item Request Ocean 95 Exchange Plaza NWSP 06-020 1 0-17 ~06.dot
Assistant to City Manager
S:IBULLE11N\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-175
STAFF REPORT
TO:
Chair and Members of the Planning and Development Board and City
Commission
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Eric Johnson, AICP
Planner
crt
DATE:
September 20, 2006
PROJECT NAME/NO:
Ocean 95 Exchange Plaza / NWSP 06,020
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
Mr. Michael C. DeSimone and Coral Capital Palm Beach, LLC
Applicant:
Boynton Industrial, LLC
Agent:
Mr. Crockett Farnell
Location:
514 though 518 West Ocean Avenue, which is located on the south side of
West Ocean Avenue, directly abutting the east side of the C.S.X. Railroad
tracks and the west side of Intestate 95 (see Exhibit "A" - Location Map)
Parcel Size:
294,997 square feet (6.77-acres)
Existing Land Use:
Industrial (I)
Existing Zoning:
Light Industrial (M-l)
Proposed Land Use:
No change
Proposed Zoning:
No change
Proposed Use:
133,911 square feet of office I warehouse
Adjacent Uses:
North:
Right-of-way for West Ocean Avenue, then farther north is developed
property classified with Industrial (I) land use and zoned Light Industrial
(M-l);
Staff Report - Ocean 95 Exchange Plaza (NWSP 06-020)
Memorandum No PZ 06,175
Page 2
South:
Undeveloped property classified with Industrial (1) land use and zoned
Light Industrial (M-1);
East:
Right-of-way for Interstate 95, then farther east is developed residential
property classified with Low Density Residential (LOR) land use and zoned
Single-family Residential (R-1-A); and
West:
Right-of-way for C.S.X. Railroad tracks, and then farther west are
properties with varying land use classifications and zoning districts.
Northwest of the C.S.X Railroad tracks are developed residential properties
classified with Medium Density Residential (MDR) land use and zoned
Duplex Residential (R-2). Southwest of the C.S.X. Railroad tracks is a
storm-water retention area for Industrial Park, classified with High Density
Residential (HDR) land use, and zoned Planned Unit Development (PUD).
Site Characteristic: According to the survey, the subject site was previously developed and licensed for
a fence company (Bulldog Fence) and a welding / manufacturing business (Four
Steel Corporation) but now it sits vacant. The survey indicates the property is an
irregularly-shaped decagon, nestled between the C.S.X Railroad tracks (to the
west) and Interstate 95 (to the east). The east and west property lines, which
form the "length" of the site, are much longer than the north and south boundaries
(width). Also, the width of the south property line is shorter (less deep) than the
north end, which further exposes the difficulty in developing the site to current
design standards. The survey indIcates that an existing Cracker Barrel billboard
sign is located along the east property line, near the middle of the site. Also, an
existing cell tower is located along the east property line approximately 270 feet
south of West Ocean Avenue. Neither the billboard nor the cell tower would be
removed or relocated as a result of the proposed development. According to the
applicant, the lease of the sign commenced on June 1, 1996 and will not expire for
another 30 years. The cell tower least started on November 24, 1999 and will not
expire until 2036.
BACKGROUND
Proposal:
Mr. Crockett Farnell, representing Boynton Industrial, LLC is requesting site plan
approval for the construction of three (3) office / warehouse buildings totaling
133,911 square feet on the 6.77-acre parcel. As previously mentioned, the subject
parcel is comprised of several lots and previously developed with a fence company
and welding / manufacturlng business. The intent Is to combine all lots, raze each
structure, and construct new buildings and parking areas. Although the site is
located in an isolated area of the Oty, it Is afforded much exposure and visibility
due to its close proximity to Interstate 95. It is the developer's intent to have the
buildings ready for occupancy by January 2008.
Concurrency:
ANALYSIS
Traffic:
A Traffic Impact Analysis was sent to the Palm Beach County Traffic Division for
Staff Report - Ocean 95 Exchange Plaza (NWSP 06,020)
Memorandum No PZ 06,175
Page 3
concurrency review in order to ensure an adequate level of service. On July 10,
2006, the Palm Beach County Traffic Division responded with several comments
that the applicant needed to address in order for them to make an accurate
determination. On August 22, 2006, the applicant submitted a revised Analysis
that was sent to the Traffic Division. However, as of the date of this report, the
Traffic Division has not yet confirmed that the project meets the Traffic
Performance Standards of Palm Beach County. Therefore, this confirmation will be
required prior to the issuance of any building permits (see Exhibit "C" - Conditions
of Approval).
Utilities:
The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project (project estimated to require a total of
17,000 gallons per day). Local piping and infrastructure improvements may be
required, especially on the water delivery system for the project, depending upon
the final project configuration and fire-flow demands. These local improvements
would be the responsibility of the site developer and would be reviewed at the
time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is
currently available to serve the projected total of 17,000 gallons per day, subject to
the applicant making a firm reservation of capacity, following approval of the site
plan (see Exhibit "C" - Conditions of Approval).
Police/Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit revIew. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"C" - Conditions of Approval).
School: School concurrency is not required for this type of project.
Driveways: The site plan (Sheet A-0.1) shows that one (1) point of ingress/egress is proposed
for the project. The driveway opening would occur at the northeast corner of the
parce', which would connect to the terminus of West Ocean Avenue. This opening
would be 30 feet in width. The site is situated in such a way that it can only have
one (1) point of ingress / egress. While it would be preferable to have a second
point of egress, additional driveway openings would require the developer to
connect to the existing rights-of-way located on the opposite side of the railroad
tracks, which would require additional railroad crossings.
Parking Facility: According to the Land Development Regulations, the parking methodologies for
office / warehouse uses are based upon the following: One (1) parking space per
300 square feet of gross floor area (for the office) and one (1) parking space per
800 square feet of gross floor area (for the warehouse space). The cover sheet
tabular data (Sheet A-O) C3) proposes 23,296 square feet of office space and
Staff Report - Ocean 95 Exchange Plaza (NWSP 06,020)
Memorandum No PZ 06,175
Page 4
110,615 square feet of warehouse space, which requires a total of 217 parking
spaces. The site plan depIcts 219 parking spaces, including 10 designated for
handicap use. Therefore, there would be two (2) excess parking spaces provided
for the entire development.
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 site currently contains two (2) Sabal palm and five (5) Live Oak trees. The
developer will be required to relocate the Sabal palm tree (on-site) and re-evaluate
the health of the Live Oaks (for pOSSible relocation). According to the cover sheet
tabular data, the proposed open space or "pervious" area would be 54,183 square
feet or 18.4% of the total parcel. The Plant List (Sheet L -3) indicates that 84 or
58% of the 145 palm trees and 141 (85%) of the 166 palm trees would be native.
The landscape data Indicates that 99% of the shrubs would also be native. The
landscape plan would provide the following species of trees: Alexander, Double-
Alexander, Black Bamboo, Sabal, Green Buttonwood, Sliver Buttonwood, East
Palatka Holly, Eastern Red Cedar, Crape Myrtle, Live Oak, Bald Cypress, and Yellow
Elder.
The site plan shows that a lO-foot wide landscape buffer is proposed along the
north property line, adjacent to West Ocean Avenue. This buffer would contain
Live Oak, Yellow Elder, Redtip Cocoplum, Croton, and Green Island. The east
landscape buffer proposed along Interstate 95 would be three (3) feet in width at
Its narrowest point and contain an array of plant material, consisting of the
following species: Eastern Red Cedar, East Palatka Holly, clusters of Sabal palm,
Redtip Cocoplum, and Fakahatchee Grass. The existing fence around the cell tower
would have Redtip Cocoplum installed along its base. The elevation plan along
Interstate 95 (Sheet L-4) illustrates how the landscaping would "soften" and
"break-up" the building expanse. The site plan IndIcates that the south landscape
buffer would be at least five (5) feet in width at its narrowest point. It would have
a cluster of Sabal palm trees Installed at the southeast comer of the property.
Also, a row of Silver Buttonwood trees would be installed along this 76-foot long
stretch. The west landscape buffer, proposed along the C.S.X. Railroad tracks
would generally be 10 feet In width. This buffer would be the one that screens the
office / warehouse buildings from the residential neighborhood west of the railroad
tracks. It should be noted that a portion of the west landscape buffer is reduced in
width at the northwest corner of the property to accommodate the design of the
new parking areas. This buffer would contain a row of Green Buttonwood, Bald
Cypress, and Black Bamboo. Each tree would be Installed at 14 to 16 feet in height
and spaced 20 feet apart from each other. A row of hedges would be installed
along the base of each building. The aforementioned plant material would be
sufficient in terms of lower and upper level buffering in part, because no employee
or customer activity would occur west of the buildings and vehicular use areas are
principally proposed along the eastern portion of the site.
Staff Report - Ocean 95 Exchange Plaza (NWSP 06,020)
Memorandum No PZ 06,175
Page 5
Building I Site:
Design:
The project proposes three (3) separate buildings, labeled "north", "central", and
"south". The north building would be the largest, proposed at 59,327 square feet.
The central building would be 43,122 square feet and the south, 31,462 square
feet. According to the cover sheet tabular data, the lot coverage would 39.6%,
which is under the 60% maximum allowed in the M'l zoning district. The floor
plans show the north building would have 15 individual bays. The central building
would have 11 bays and the south, 13 bays. All buildings would be one (1) story
tall and of equal height. The top of the main parapet wall would be 28 feet - six
(6) inches tall. The top of the entry feature would be 34 feet - six (6) inches tall,
which would be below the maximum height of 45 feet. All buildings would meet
the minimum setbacks required in the M-1 zoning district. The building and site
design as proposed would generally meet code requirements when staff comments
are incorporated into the permit drawings.
As previously mentioned, the site is located in an isolated area of the city and lacks
frontage on a major thoroughfare. Trucks traveling to and from the site would
have to traverse through residential neighborhoods in order to access the site.
Staff has communicated this concern to the developer. The developer has
suggested that the proposed building sizes, on-site design, and uses would
informally discourage large tractor trailers from coming to the industrial site. While
the developer's response may be justified because of those aforementIoned
reasons, there is nothing in city code that would prohibit or restrict the infrequent
and / or wayward visit of a tractor trailer. As such, the developer has provided
staff with three (3) viable truck route plans (see Exhibit "0"). While all routes
would be adequate, staff determined that Option 1.A is the one most qualified to
absorb the traffic impact due to its wider rights-of-way (of West Ocean Drive),
length of roadway segments, and characteristics that accommodate
maneuverability (see Exhibit "C" - Conditions of Approval). However, each option
and / or a combination of each option are feasible based on their own merits.
The project would require an on-site lift-station for sanitary sewer. The structure
would be located along the west property line between the central and south
buildings, opposite the water-retention (drainage) area so as to not impact any of
the residential areas. Six (6) dumpster enclosures are proposed along the
easternmost limits of the drive aisle and parking lots. The back-up dimensions
have been reviewed and approved by engineering staff. Additionally, the Fire Plan
(Sheet A-0.3) shows the large turning radii and wide drive-aisle dimensions that
will accommodate service vehicles, such as fire trucks, ambulances, and garbage
trucks.
The exterior design of the proposed buildings would be an upgrade from the
current on-site conditions (dilapidated, unsafe structures). The new buildings
would consist of tilt-wall construction and comply with the 2004 Florida Building
Code. The east fa~de or the "front" of the buildings would face Interstate 95.
These elevations show that future knock-out panels are incorporated into the
design to allow the owner the choice of adding more front doors. The floor plans
and elevations show that each building would be long and narrow, with tilt-up entry
panels and triangular-shaped wedges proposed at each front entrance. The entry
Staff Report - Ocean 95 Exchange Plaza (NWSP 06,020)
Memorandum No PZ 06.175
Page 6
Signage:
panels would help to "break-up" the monotony of the flat roof and provide focal
points. Also, these elements will help to distract from the overhead bay doors that
are oriented towards Intestate 95 and the north / south sides of the building. No
doors (overhead or pedestrian) would face the residential neighborhoods to the
west. However, the west fa~ades, or the "rear" of each building were only
enhanced with score lines. Therefore, staff recommends incorporating variations in
height of the parapet wall for the west fa~ade, similar to that of the east facades.
This would help to improve the appearance of the west fa~ade by breaking-up the
linear nature of the buildings (see Exhibit "C" - Conditions of Approval).
The buildings would be painted with an array of earth-tone colors and be adorned
with score lines and triangular entry features. The Benjamin Moore paints are
proposed as follows:
Paint Name Common name Color Code
Whale Gray Dark gray 2134-40
Province Blue Blue-gray 2135-40
Brilliance White White Ready-mixed
Dakota Woods Green Dark Green 2139-20
Gray Mirage Tan 2412-50
The buildings would also contain clear anodized aluminum frames with light gray
tinted impact glass. The photometric plan (Sheet El-1B) shows the proposed
lighting levels for the parking areas along Interstate 95. The levels are such that it
would provide for a safe environment at night but not too excessive that they
would be more noticeable than any other industrial property.
The elevation pages show that wall signs are proposed on the front (east elevation)
and sides (north and south elevations) of each building, above either the doors or
windows. All letters would be made of 20" high clear anodized aluminum channel
letters and of Century Gothic font. No sign color(s) are proposed at this time.
AccordIng to Chapter 21, Article N, Section 5.B., the maximum area for all wall
signage is based on one (1) square foot of area of each one (1) foot of linear
building frontage. A freestanding monument sign Is proposed at the southeast
corner of the property. According to the Freestanding Sign Detail (Sheet A-0.2), it
would be 20 feet in height and contain 16" high clear anodized aluminum channel
letters in a Century Gothic font. The base of the sign would have multiple colors
(Province Blue and Mirage Blue). According to Chapter 21, Article IV, Section 5.F.,
a directional sign not exceeding four (4) square feet in area and five (5) feet in
height would be allowed along West Ocean Drive. A directory sign is proposed at
the northeast corner of the site. All freestanding signs must be located at least 10
feet from the property line. Because of the site's visibility to Interstate 95, staff
recommends creating a Sign Program for the entire development, which would
include the sign type(s), color(s), mater/al(s), and location(s). All future site and
building signage would be subject to the Sign Program for the entire center (see
Exhibit "c" - Conditions of Approval).
Staff Report - Ocean 95 Exchange Plaza (NWSP 06,020)
Memorandum No PZ 06,175
Page 7
RECOMMENDATION
Staff 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\PROJEcrS\Ocean 95 Exchange Park\Staff Report.doc
LOCATION MAP
Ocean 95 Exchange Plaza
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Exhibit "C"
Conditions of Approval
Project name: Ocean 95 Exchange Plaza
File number: NWSP 06,020
Reference: 3'" review plans identified as a New Site Plan with a September 12.2006 Planning & Zoning date
stamp marking
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: None X
PUBLIC WORKS - Forestry and Grounds
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach Countv Traffic Engineering.
2. Provide Off,Site Roadway Improvement plans for the truck route to be used X
to access this project using Option IA (SW 8th St. and W, Ocean Dr.)
Roadway improvements may include, at a minimum, but not be limited to,
design of two 12,ft. travel lanes, drainage, sidewalk, signing, and striping as
required and determined necessary along the proposed truck route. Design
shall be finalized after public input and approval by the appropriate governing
boards and Conunission.
ENGINEERING DIVISION
Comments:
3, At the time of permitting, all comments requiring changes and/or corrections X
to the plans shall be reflected on all appropriate sheets.
4. Provide written and graphic scales on all sheets. Correct the written and X
lITaphic scale on the landscape plan so that thev both match.
5. At time of permitting, provide a drainage plan in accordance with the LDR, X
Chapter 4, Section 7.F. The plan should include a sufficient number of
existing and proposed grades to indicate general flow patterns for stormwater
manal!ement.
,
6. 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
pennittinl!.
, , --
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DEPARTMENTS INCLUDE REJECT
7. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments:
8. Palm Beach County Health Department permits will be required for the water X
and sewer syStems serving this proiect (CODE, Section 26,12).
9. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 gpm with 20 psi 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)). The proposed
system looping for this project will leave a dead,end line approximately 400-
ft. in length. Re-evaluate the location and spacing of fire hydrants to see if
the furthest south fire hydrant can be eliminated. Excessively long dead-end
sections of main can lead to sta~ation in the line and bacteriolooicallrrowth.
10. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
II. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a).
12. 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.
13. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this Proiect, in accordance with the CODE, Section 26-15.
14. Provide appropriate easements for the force main work within the CSXRR X
ril!ht-of,wav.
15. Utility construction details will not be reviewed for construction accentabilitv X
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DEPARTMENTS INCLUDE REJECT
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.
16. Replace 2,in. water main with 8,in. water main from the existing main in X
West Ocean Ave. to the proposed 900 or 8,in. tee at the north end of the
development. The City may consider allowing 6,in. water main for this
project if fire flow and domestic demands can be acconnnodated adequately.
Provide demand and head loss calculations supporting the desired main
diameter.
FIRE
Connnents: None X
POLICE
Connnents: None X
BUILDING DIVISION
Connnents;
17. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 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.
18. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
19. Vertical accessibility to the mezzanine area shall be required per the 2004 X
FBC, Sections 11-4,1.2, 11-4.1.3(5) (New Construction) and Section 11-4.1.6
(Alterations).
20. CBBCPP 3.C3A requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
21. 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.
22. 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
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DEPARTMENTS INCLUDE REJECT
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)
23. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The recorded
deed shall be submitted at time ofoermit review.
24. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
bv the City Commission.
25. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the buildin.. oermit aoolication at the time of application submittal.
26. Submit irri..ation olans at the time of permitting. X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments:
Existinl! Trees List - Manal!ement Plan
Sheet L - 4
27. The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site, The tabular data should show the individual species of trees
proposed to be preserved in place (2 Sabal Palms, 5 Live Oaks), relocated or
removed and replaced on site. The replacement trees should be shown by a
separate symbol on the landscape plan sheet L-4 of 4 (Environmental
Regulations, Chaoter 7.5, Article I Sec. 7.D.p. 2).
28. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). At the time of permitting, on the
landscaoe olan, indicate the total Quantities within each catel!orv and their
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DEPARTMENTS INCLUDE REJECT
native percentages.
29. All trees proposed under any existing overhead electric power lines must meet X
the FP & L Ril'ht tree in the Ril'ht Place manual selection for small trees only.
PLANNING AND ZONING
Comments: ,..--
,
30. The maximum height allowed in the M,I zoning district is 45 feet, not 55 feet X
as indicated on the cover sheet and site plan tabular data, Correct the plans at
the time of permitting.
31. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X
encouraged (Chapter 9, Section 10.F.3.). This is especially pertinent for the
east building facades that would be visible from Interstate 95.
32. Correct the label for the Yellow Elder trees so that it matches the Plant List X
(on the landscape plan sheet L,3). ,--
33. The monument sign proposed (at the southeast comer) and the directory sign X
proposed at the northeast comer of the property must be located at least 10
feet from the property line. Also, the monument sign must be shown on the
landscape plan with colorful groundcover plants installed at its base, Because
of the site's visibility to Interstate 95, staff recommends creating a Sign
Program for the entire development, which would include all sign type(s),
color(s), material(s), and location(s), All future site and building signage
would be subiect to the Sign Program for the entire center.
34. The west fa~ade of each building is long, linear, and uninterrupted by any X
variations in height This is the fa~ade that is oriented towards the railroad
tracks and the residential neighborhoods. Therefore, staff recommends
incorporating variations to the height to west elevation's parapet wall, similar
to that of the east facades. This would help to improve the appearance of the
west fa~ade because varying heights of the parapet wall would break,up the
linear nature of the buildings
PLANNING AND DEVELOPMENT BOARD COMMENTS:
Comments:
35. Board recommends that the Commission obtain approval for a second railroad X
crossing at the south end of this M,I zoned area.
CITY COMMISSION COMMENTS:
Comments:
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6
DEPARTMENTS INCLUDE REJECT
36. To be determined.
MWR/elj
S:\Planning\SHAREDlWP\PROJECTS\Ocean 95 Exchange Park\COA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ocean 95 Exchange Plaza
APPLICANT'S AGENT: Mr. Crockett Farnell
APPLICANT: Boynton Industrial, LLC.
APPLICANT'S ADDRESS: 565 East Hillsboro Blvd, Deerfield Beach, FL 33441
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 17, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 133,911 square feet of
office I warehouse on a 6.77-acre parcel in the M-1 Light Industrial
zoning district.
LOCATION OF PROPERTY: 514 though 518 West Ocean Avenue, which is located on the south
side of West Ocean Avenue, directly abutting the east side of the
C.S.x. Railroad tracks and the west side of Interstate 95 (see Exhibit
"A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "c" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PbllUling\SHARED\WP\PROJECTS\Ocean 95 Exchange Parlc\DO_doc
Meeting Minutes
Planning &. Development Board
Boynton Beach, Florida
September 26, 2006
Vice Chair Hay asked for more detail about Smokey Bones. Mr. Rumpf responded each project
had been reviewed by others involved in the Master Plan and there were concerns about
possible deficiencies in the fa<;ades. The developer/owner, Darden Properties, agreed and was
adding some fenestration, illumination, and similar fixes in response. When re'submitted, staff
would conduct another review to determine whether the changes were major and should be
brought back before the board or minor and could be handled administratively. In the latter
case, the projects would proceed on to the City Commission for the October 3 meeting.
VI. Old Business
None
VII. New Business
Attorney Tolces administered an oath to all who planned to testify.
A. New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Ocean 95 Exchange Plaza (NWSP 06-020)
Crockett Farnell
Boynton Industrial, LLC
514,516, and 518 West Ocean Avenue
Request new site plan approval to construct
133,911 square feet of office/warehouse on a 6.77'
acre parcel in the M,I industrial zoning district.
Haime Mayo, H &. M Architecture, 3705 N. Federal Highway, Delray Beach, Florida,
appeared. Crockett Farnell, representing Boynton Industrial, LLC, the development entity for the
project, also appeared.
Chair Wische asked if the applicant was in agreement with or needed clarification for any of the
staff conditions of approval. Mr. Mayo responded the applicant accepted all staff conditions of
approval.
Eric Johnson, Planner, displayed a rendering of the subject site, a very long site with some
dilapidated structures in place. The applicant proposed three separate office/warehouse
buildings. There was one point of ingress and egress from West Ocean Drive over an existing
railroad crossing. Staff recommended approval of the project, contingent on meeting the 34
conditions of approval. He pointed out condition of approval #1 had been met, because the
developer had obtained a certificate of concurrency.
Chair Wische asked the applicant's representatives whether they wished to make a report, and
they did not.
Chair Wische opened the floor for the public to speak.
2
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
Wendy Franklin, 120 N.W. 6t11 Street, Boynton Beach, confirmed with Mr. Johnson the
West Ocean Avenue railroad crossing would be the sole means of entry and exit to the
proposed project.
Ms. Franklin declared the neighborhood had experienced many traffic problems and there were
children in the area. They had just gone through the Krispy Kreme disaster that was not
supposed to cause the residents any problems and it caused them major problems with people
parking on their streets, walking to Krispy Kreme through the back, and throwing their trash all
over. Now, they would have this. It had been wonderful not having the steel business there
because she did not have trucks backing up in her driveway any more to get around the corner.
Her neighborhood just had a major meeting with the Police Department about keeping
strangers out of the neighborhood and trying to keep the area safe. The Police said to report
any suspicious vehicles. They could not tell who was suspicious because they would have so
much traffic on their streets if this project were approved. Ms. Franklin wondered if a railroad
crossing could be put in down by Home Depot on the road near the Expo Center. They wanted
the West Ocean Avenue railroad crossing to be a quiet zone and if they were going to have
more traffic, it would never become that.
Mr. Johnson pointed out the subject property was zoned M-l, Light Industrial. As such, the use
the developer was bringing forward was permitted. They were allowed to have this project by
right, as long as they met the land Development Regulations and they either did or would by
the time a building permit was issued. As far as truck traffic was concerned, or traffic in
general, it was always better to have two points of ingress and egress, but he deferred to the
Senior Engineer to elaborate.
laurinda logan, Senior Engineer, Public Works/Engineering, assured Ms. Franklin that one of
the conditions of approval associated with this project had to do with the truck route, which
was different than the one used by the previous businesses at this location. The preferred route
was along S.W. 8th Street and West Ocean Drive. Ms. logan declared the new route should
diminish the amount of traffic in Ms. Franklin's immediate neighborhood. The developer had
also agreed to make improvements to the roads to minimize the effect on the residents.
Ms. Franklin commented that even though the traffic had been re-routed, it was still going right
through a residential area. She realized the developer had a right to build on his property, but
was hoping another railroad crossing would be put in place.
No one else coming forward, Chair Wische closed the public hearing.
Ms. Jaskiewicz commented she had visited the site and shared some of Ms. Franklin's concerns.
She believed condition of approval #2 was very vague and wondered how they could force
traffic to follow a particular route when all three roads were open to S.E. 8th Street. Ms.
Jaskiewicz asked the developer what kinds of uses would be involved and how intensive the
truck traffic was expected to be. She noted there was a children's park in the area and she was
concerned about that. She had driven through the proposed routes and the one chosen was not
necessarily the shortest route, nor was it the route that would impact the fewest number of
residences. Actually, it was one of the longest routes. On the positive side, Ms. Jaskiewicz
appreciated the fact that a project was going in to replace the existing dilapidated buildings,
even though the proposed project was almost an over use of the property.
3
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
Ms. Logan indicated they could only sign the project to direct trucks to use the preferred route,
but the businesses should be involved in insuring their trucks used the correct route. The route
was chosen because it had the widest right-of'way and the potential for making the most and
best improvements to the roadway to minimize the impacts to the neighbors.
Ms. Jaskiewia believed Ms. Franklin's comment about moving the railroad crossing or building a
second crossing was a great idea, because she knew there was a piece of property behind
Home Depot and there had been talk of development of it. She wondered if a condition of
approval could be added that the City Commission investigate adding a railroad crossing. Ms.
Logan responded this could be added to the conditions of approval. Moving the railroad
crossing was one of the alternatives they had the developer look at, including the cost. From
Ms. Logan's past experience in dealing with the railroad, getting a second crossing would quite
likely be a very difficult hurdle to get over. Ms. Jaskiewicz suggested the area businesses might
contribute to it or be required to do so. Ms. Logan indicated this was a possibility and the
Commission could consider it as an alternate to the various routes.
Ms. Jaskiewicz asked if the City had to pay the full cost of maintenance on the railroad crossing
at the present time, and Ms. Logan responded in the affirmative. Ms. Logan noted that in
addition to the businesses, there were the people who used those businesses, so it was for a
public use.
Mr. Mayo spoke about intensity and the use of the land, saying they were proposing about 20%
less than was allowed by Code in terms of floor area. It was not an intense industrial use and
they expected to have smaller industrial users such as cabinetmakers. They were not expecting
tractor,trailer users, as they had no dock height overhead doors. Mr. Mayo suggested the
proposed building sizes, on-site design, and uses would informally discourage large tractor,
trailers from coming to the industrial site. A tractor-trailer would have a hard time turning
around and accessing overhead doors, for example. They had studied the truck route
extensively and their primary consideration had been safety. The reason they chose the route
they did was the safety factor and they would be taking measures to enhance safety around the
park.
Ms. Jaskiewia responded their comments were generally true in relation to an industrial area;
however, very rarely did an industrial project impact a neighborhood like this.
Mr. Casaine asked the applicant to expand on the definition of Light Industrial. Mr. Mayo replied
it was not like a large distribution center. They would not have tractor-trailers. The maximum
tenant size would be about 4K square feet. One user would not come in and take a 60K square
foot building, and that was the largest building on the site. Mr. Casaine wanted to know what
types of businesses they intended to attract for the three warehouses. Mr. Mayo responded
they hoped to attract an industrial use or uses from the list of 100 approved uses for this zoning
district. Mr. Casaine understood his remarks to mean that the uses had not actually been
defined, but would meet Code or regulations, and Mr. Mayo agreed.
Mr. Casaine asked the applicant which residential uses they would be affecting with the
specified truck route, noting they had identified light medium residential and high density
residential. Mr. Mayo believed they would be affecting single-family homes only. Mr. Casaine
asked if there were any plans to improve the traffic conditions or roadways in order to
accommodate whatever size of truck movement would occur in the area. Mr. Mayo responded
4
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
affirmatively. He believed Ocean Avenue was a 70'foot right-of-way and it had recently been
improved.
Ms. Logan declared the applicant was being required to bring the road up to more of a
collector-type road. The final design would address the width of the roadway so that it could
handle whatever type of vehicles may go through it. She did not think any of them could say
with absolute certainty that there would not be any tractor-trailers, but they would ensure the
roadway was designed and constructed to handle tractor-trailers, the fire rescue vehicles, and
the solid waste trucks that would continue to utilize that route.
Mr. Casaine was concerned with the adequate preparation of the area for the type of traffic that
it could potentially hold and felt that had to be part of a plan. He wanted to see industrial and
even more than light industrial; however, since the project was in a residential area and people
were concerned about traffic and railroad crossings, safety had to be a number one priority.
The residents were concerned about these things, and rightly so. On the other hand, the
selection of the area and the acceptance by staff was commendable because the site was
apropos for this type of project.
Crockett Farnell, agent for the owner, assured Mr. Casaine the roadways were designed
for full capacity, including tractor-trailer traffic. Mr. Farnell believed Mr. Casaine was concerned
about the roadway and whether it could handle the type of traffic to which it would be
subjected. Mr. Casaine responded that was partially correct. When he said roadway, he did not
mean the major ingress and egress roads, but the site itself: the entrance, the roads around the
site, anything that would hold traffic or that would accommodate traffic to go in and out of the
structures. The reason he said that was because the question had been asked about the type of
traffic expected at the site. A comment had been made about 55-foot trailers and he declared
they could put a 55-foot trailer on the site and turn around in that area very easily if they knew
how to drive a 55-foot trailer.
Mr. Farnell agreed, saying the paved sections of the site would all be designed to that
maximum potential standard, to alleviate that concern. Their site would be designed to
accommodate any loads such as tractor,trailers, fire trucks, utility service trucks, and so forth,
including anyone who might show up by mistake or otherwise. His understanding from staff
was that the existing roadways already had the capacity to accommodate tractor-trailers. The
improvements they would be making pertained to the intersections. There were some oddball
intersections now that could use improvement regardless of whether their project was approved
or not. There was an odd five-way intersection that was very problematic for traffic, for
example. It would be part of their plan to improve those areas to make sure that worst-case, a
tractor-trailer could get in there.
Mr. Farnell addressed the actual uses for their facility. From a pure marketing standpoint, he did
not anticipate selling to a user with a need for daily or even weekly tractor-trailer traffic. The
site did not lend itself to easy loading and unloading of tractor-trailers and did not lend itself to
easy driving and turning around, although it would accommodate it. He understood a former
business at the site, Four Steel, had regular tractor-trailer traffic in and out all the time with
heavy loads of steel, dumpsters, and so forth, and that would no longer be the case if this
project were approved.
5
Meeting Minutes
Planning 80. Development Board
Boynton Beach, Florida
September 26, 2006
Mr. Casaine indicated he was hearing the design was more appropriate for lighter truck capacity
than larger trucks because of the makeup and the limitations of the property. Mr. Farnell
responded that was absolutely correct. As could be seen on the site plan, they had front-loading
bay doors that were at grade height instead of dock height and that, combined with their
available driving area, would not attract a shipping and receiving type of facility. It would not be
a Fed'Ex transition area or a WalMart distribution center, for example. None of those functions
could feasibly, practically, or efficiently function on such a site layout. The loading areas in the
proposed facilities were designed for large parcel trucks such as UPS trucks, and maybe four'
wheel box trucks. There would be no real accommodation for any kind of semi trucks, other
than the capacity of the paved areas themselves.
Mr. Blehar liked the architecture and usage, since it meant more jobs in the City, but had
serious problems with the railroad crossing. First of all, it was at grade. If there were a fire at
the proposed facility and the crossing were blocked, the Fire Department might not be able to
get to the site. Also, about once a year, Amtrak caught on fire, stopped, and blocked the tracks.
If the fire were on the west side of the railroad tracks they could fight it, but on the east side
they could not. A second crossing mayor may not help, depending on the length of the train
blocking the crossing. With regard to truck traffic, Mr. Blehar could accept it if it were on N.W.
1st Avenue, which already had commercial on one side and parking from the doughnut facility.
It did affect one side of residential, but they were looking at it already. It would still affect the
individual who spoke during Public Audience, but at least the number of houses affected, even
if it were just box trucks or large vans, would be minimized. He could see truck traffic routed
along N.W. 1st Avenue, but any other route would bother him due to having houses on both
sides of the street. He realized the project met zoning but believed it was inherently unsafe due
to the fire protection issue.
Mr. Cwynar asked Mr. Farnell if the proposed buildings had a sprinkler system, and Mr. Farnell
responded all three buildings were fully sprinklered. Mr. Cwynar thought sprinklers were 96%
effective at putting fires out before the Fire Department got there so in his mind, that problem
was solved. Mr. Farnell responded the largest building size would be 59,327 sq. ft. The central
building would be 43,122 sq. ft. and the smallest building to the south would be 31,462 sq. ft.
Mr. Johnson made further comments on the proposed uses, the site, and the M-1 zoning district
in general. The City had a number of properties that were zoned M-l. An M-1 zoning study was
underway and it might eventually call for a limitation on the kinds of uses for this type of site,
but currently, the project fit the zoning district requirements. He believed that having truck
travel go through a residential area was unfortunate, and that was why the developer and the
City took pains to choose the best truck route. During project review, staff stressed the concern
of truck traffic going through a residential neighborhood and the developer's response was that
they would not sell the units to users that would require the large tractor'trailers. However,
there was nothing in writing in the Code that would restrict tractor-trailers.
Vice Chair Hay knew the project was within legal bounds, but was also concerned about the one
means of ingress and egress and favored an additional railroad crossing.
Attorney Tolces advised the City currently had zoning in place. There were uses that were
currently permitted in that area and businesses had been operating for years there with the one
railroad crossing. He did not believe the issue was necessarily germane to this site plan.
6
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
Vice Chair Hay asked Attorney Tolces if they could add the stipulation about the railroad
crossing to the conditions of approval. Attorney Tolces did not know because the railroad was
operated by a private company and he did not know what jurisdiction the City would have over
mandating that somebody enter into an agreement with the CSX Railroad to get a crossing
when that property had been operated for many years with only one crossing. They could ask
for it, but he did not know if it was something the City could require, legally.
Mr. Cwynar commented the property did not go down as far as Home Depot and was still
behind the residential area. Mr. Farnell noted they had tried to come up with a solution because
they would much prefer having two means of ingress and egress to the project. They had the
additional problem that the CSX Railroad would only allow intersections at certain intervals. As
they understood it, they could only be within a certain distance and they were not within that
distance to get over to their property on the other end. Also, it would cut across another piece
of private property over which they had no control. Their hands were tied.
Attorney Tolces pointed out they had to look at the comments City staff had provided as to the
specific impacts associated with the development with respect to fire or traffic and if it was
documented there were associated impacts, they would have the justification they needed to
require the extra crossing.
Mr. Johnson noted when the property to the south was redeveloped, there could be some kind
of cross-access agreement for the two properties. Mr. Farnell would be happy to have the
additional access if they could get it. They would have to look at it from a design standpoint,
but the way they ran the parking lot out on that end of the property, it would not be at all
problematic for them to allow for a connection from their neighbor to the south. If they could
continue on with the roadway or allow them to adjoin from the south eventually, they would be
amenable to leaving that open as a prospect, since that would probably help all the properties.
Matt Barnes, Alternate Board Member, commented about the west side of the fa<;ade, saying
staff had made recommendations to vary the height of the west fa<;ade, which was a great
idea. He thought it had to be taken one step further. The materials on the east fa<;ade looked
great from 1-95 but would not look so great to the residents. If some of the materials used on
the east side were incorporated on the west, it would help improve the appearance of the
property. Ms. Jaskiewicz concurred.
Mr. Casaine addressed the additional railroad crossing or the moving of the crossing. He did
not necessarily look at it from a legal point of view, but believed when a developer was
interested in occupying land, regardless of the use, and residents were already located there,
that there was a marriage, a partnership between the developer and the City as far as that
interest was concerned. It was not a legal issue. It was a marketing or political issue. All of a
sudden these residents were going to have more truck traffic than what they were accustomed
to previously and they were concerned about it. If the concern was genuine, in the sense that
further study showed a crossing should be considered, then it was something the developer and
the City should discuss. He did not know where it would go, but it was something they should
consider. Maybe they would share the cost. He did not know. If they did not legally have a
right to force the developer into building another crossing, perhaps the City should do it since
the City allowed the project to be constructed. He believed there were considerations that went
beyond the project they were considering. If the residents were affected by the results of this
project, they had a responsibility to address it. He was not saying they would force anybody to
7
Meeting Minutes
Planning &. Development Board
Boynton Beach, Florida
September 26, 2006
do anything. He was saying they should try to reach a happy medium where they could say
they had considered the safety and the quality of life of the people living in the area that would
be affected. It would probably be affected in a positive way as well.
Ms. Jaskiewicz asked Attorney Tolces if they could add a recommendation to the conditions of
approval to pursue the additional crossing? Attorney Tokes stated they could add the
recommendation. His concern was that in light of the discussion about the crossing, it was not
connected at all to this property. It may be a recommendation that the City look into creating it
as opposed to imposing that requirement on the developer. Ms. Jaskiewicz believed it would
primarily affect the industrial site to the south, but still, in combination with this, the City could
start pursuing the possibility of constructing the additional railroad crossing.
Motion
Mr. Cwynar moved to approve the request for new site plan approval to construct 133,911
square feet of office/warehouse on a 6.77 -acre parcel in the M,l industrial zoning district,
contingent upon all staff conditions and comments. Vice Chair Hay seconded the motion.
Ms. Jaskiewicz asked Mr. Cwynar to consider adding an amendment to the motion, a
recommendation to pursue closure of the existing crossing and moving it to behind the Home
Depot area to accommodate that industrial site at the same time.
Mr. Cwynar responded he would consider it but in this instance, the property under
development did not reach down as far as the Home Depot and, therefore, that connection
could not be made. He would not allow the amendment.
Attorney Tokes advised Ms. Jaskiewicz could ask for a motion to amend the motion to provide
for that recommendation.
Mr. Saberson's understanding was that this would not be a condition of approval on the
developer, but a recommendation to the City Commission.
Motion
Mr. Saberson made a substitute motion to approve the project subject to all staff comments
and staff recommendations, subject to the amendment that was just suggested by Ms.
Jaskiewicz. Ms. Jaskiewicz seconded the motion.
Attorney Tolces said there was the original motion that had been made and seconded. Now
they had a motion to amend that motion, made by Mr. Saberson, seconded by Ms. Jaskiewicz,
to provide for the attachment of a recommendation that the City look into providing that
additional crossing to the south at some point in time, not necessarily associated with this
specific project. The motion to amend, which was currently on the floor, should be voted on
prior to consideration of the main motion.
Mr. Cwynar did not see how that motion could stand, since this property did not even come
close to the Home Depot. Vice Chair Hay responded it was only a recommendation to look into
it, not make it a condition of approval. It was a recommendation to say, "If at all possible, do
it." Mr. Saberson indicated this was correct and Ms. Jaskiewicz concurred also.
8
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
Mr. Farnell stated if the amendment were specifically to close the crossing, the property to the
north of them would be landlocked. Attorney Tolces advised the motion had not been correct
in that regard. It was to look into creating a second crossing to the south by the Home Depot
facility .
The amended motion passed 5-1, Mr. Cwynar dissenting.
Attorney Toices declared they now had the original motion as amended. The motion currently
on the floor was the motion to approve staffs recommendation to approve the site plan with all
staff comments plus a recommendation to the City Commission that they look into providing for
a second railroad crossing near the Home Depot site at some point in the future, but that it was
not specifically a condition of approval for this project.
The motion passed 5-1, Mr. Blehar dissenting.
Ms. Jaskiewicz hoped the developer would also consider the comments made previously by Mr.
Barnes and Mr. Blehar.
Mr. Blehar announced he would not be able to attend the next meeting due to a trip that had
been arranged for a long time.
B. Code Review
1.
Project:
Agent:
Description:
Mixed Use Zoning Districts 9DRV 06-002)
City-initiated
Request for approval of proposed amendments to
Chapter 2, Zoning, Section 6.F Mixed Use Zoning
Districts for conversion of Mixed Use-Low (MU-L) to
Mixed Use-Low 1 (MU-U), amendment of Mixed
Use-High (MU-H), and establishment of the Mixed
Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3)
zoning districts.
Motion
Vice Chair Hay moved to table Item VII-B to the October 24 meeting. Mr. Cwynar seconded the
motion that passed 6-0.
VIII. Other
None
IX. Comments by Members
None
X. Adjournment
Since there was no further business before the board, the meeting was duly adjourned at 7:30
p.m.
9
(rr
'\
r
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission Date Final Form Must be Turned RequeQed City CoomUss;oo Date Final Form Must be Twned ill
Meetine Dates in to City Cleric's Office Medina Dates to City Clerk's Office
0 August 1, 2006 July 17, 2006 (Noon.) 0 0d00er 3. 2006 September 18, 2006 (Noon)
0 August 15.2006 July 31, 2006 (Noon) ~ 0d00er 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 ~ City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Adopt Scenario C as the City of Boynton Beac:h's Water Supply Strategy of choice, with Scenario A as a _dary
choice.
EXPLANATION:
Based upon recommendations in the Brown and Caldwell (B&C) Potahle Water Supply Strategy, the Utilities
Department will be embarking on a series of projects to design and construct additional water supply facilities.
Following Brown and Caldwell's presentation on September 6, 2006, additional information was requested by the
City Commission on several topics. The concerns were addressed in a memorandum from Brown and Caldwell dated
October 6, 2006 (attached) and dion>ssed tbe eDsting Floridan Aqaifer test wells, land acquisition. the old land rdl,
and tbe proposed implementation schednle. The memoranda indicated that these issues shoold not pose a significant
obstacle to the implementation of tbe proposed water supply strategy.
Alternative 3 in the B&C report calls for the construction of a new raw water transmUsion main between the East
and West Water Plants, ion exchange ~t units af the West Plant, and new Floridan aqnifer supply wells to
feed retro-rJtted Low Pressure Reverse o-.su (LPRO) membranes at the West Plant. Additional options are
hereby presented to examine the potential capital costs associated with purchasing bolk water from Palm Beach
County over tbe near term, or lung term. These options are shown in greater detail on the attached sheets.
Scenario A includes the B&C water supply strategy, plus an outright porchase of 5 MGD of peak day
capacity from tbe County, split over the next two fiscal years. This option will grant tbe City a 5 MGD
surplns over the long term, hut cooId allow delays in constmcting _ nf the specif"ted components in the
B&C strategy.
Scenario B involves renegotiating with the County the pnrchase of 10 MGD of peak day treatment capacity.
(}be current agreement with the County allows the pnrchase of up to 8 MGD.) Capital costs shown are
assumed to be consistent with those or the current agreement, with 3.33 MGD occurring in each of the next
three fiscal years. This option also inclodes construction of the interplant raw water transmission main,
and the associated ion exchange units.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
(j(
"
'y
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Scenario C includes the B&C water supply strategy, with an additional allowance for extending the interim
purchase agreement with the County through tbe year 2013. An allowance of $ 2,915,000 bas been
estimated as the surcharge cost for extending the current agreement. This value could be bigher or lower.
Scenario D is basically the B&C supply strategy (their alternative 3). This option's cost does not include the
purchase of water from tbe County beyond the expiration date of tbe current interim purchase agreement
(December 31, 200'))
The recommendation to select Scenario C is based upon its competitive capital cost, and the capacity bnffer that
it provides through year 2013. The time extension and the actual surcharge cost, bowever, are estimates, and
must be negotiated with the County. Even with those assumptions, there is continued benefit to maintaining an
ongoing relationship with the County in this era of ever-changing regional water supply regolations. It is
possible that all sources of future supply now being considered will have additional restrictions imposed witbin
tbe next 10 years or less, requiring that the term for purchase with a capital surcharge could be extended.
That being the case, the Commission may want to also give additional consideration to Scenario A, which would
include a near-term purchase of 5 MGD from the County for a 25-year+ duration, thereby allowing the City:
. additional time to convert the West Plant to an LPRO facility, thereby reducing near-term debt
service
. a reduction in size of that facility, with a subsequent reduction in cost, or
. time to investigate other supply options in the event the Floridan Aquifer proves to be less prodnctive
than is now anticipated.
This Scenario is available to the City in the current agreement, without tbe need for further negotiation.
PROGRAM IMPACT:
All of the options presented will result in the City of Boynton Beach baving sufficient potable water treatment
capacity for anticipated year 2025 demands.
FISCAL IMPACT:
Approximately $60-78 Million in capital improvements. The amortization schednles for tbe various scenarios
illustrates tbe hooding needs for each scenario, with the assumptions that cash available in the Capital Facilities
account accumolates at the rate of $2 millionJ year, and will be utilized to the masimum extent possible. As a result,
delays in tbe construction schedule win impact the hond funding requirements, and would allow additional
accnmulation and usage of Capital Facilities funds.
~TERNAj)
~F ~-~~
Department Head's Signature
~,
CIty Manager's SIgnature
Assistant to City Manager ~
UIIL- i -I I E:L
Department Name
City Attorney I Finance
XC: Peter Mazzella
Michael Low
File
S,IBULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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A B
Amortization Schedule Template
Version Hl/25/84 '
Bureau of Economic and Business Research
-- --
Revised by Peter Mazzeila 10/5/06
C
D
E
8/21/2004 !
F
1
2
3
4
5
6 Scenario A _ 5 MGD Purchase/rom County + New Raw Water Main from WWTP to EWTP+ 8 MGD LPRO
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
Assumes using cash on hand for expenses through 2008 and Bond Financing of Capital needs for 2009-2012
,
Enter the Following Data
$
20,781,250.0
57,226,000
6.00/0 j
20.0
YEAR
1
2
3
4
5
6
7
8
9
Hl
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
TOTAL
5 MGD amort
Assumed expenditure of cash on hand (from Cap Fees) $
Bond/LOan Amount m__m__~__m_n '_m_m___> . $
Estimated Annual Interest Rate _n___nnm__>
Payme~t P~riod in Y,ears _____un n_________>
Anl!.ual Payment __n__n____
Monthly Cost m__m__m__
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
PAYMENT
4f98~f223 : $
4,9Jl9;:2231 $
4,989,I23 $
4,<:lflg,123 1 $
4,989,223 " $
U<98CL2231 $
4,989,2211 $
4,989,223 I $
4,9119,223 I $
4,289,~23 I $
4, 989 ,~23 $
4,989,223 $
4,989,223 $
4,9B9,223 i $
4,989,223 ' $
4,989,223 I $
4,989,223 $
4,<:lfl9,'223 ! $
4,989,223 $
4,9~9,223 1 $
$
$
$
$
$
$
$
I $
$
$
$
99 784 469 $
----------->
$
I $
4,989,223
415,768.6 i
----------->
INTEREST PRINCIPAL
3,43~,5601 $ 1,555,663 1$
3,340,220 . $ 1,649,003$
3,241,280 I $ 1,747,943 I $
3,136,403 ! $ 1,852,820 , $
3,02!),23j- I $ 1,9-63,989 n
U~~:~~ I .~ t~~~~i;~i ~
2,650,0811 $ 2,33.2,143 IJ
2,509;:732 1 $ 2,479,491. $
2,360,963 , $ 2,628,261 I $
2,203,267 '$ 2,785,956 $
2,036,110 $ 2,953,114 $
1,858,923 $ 3,130,301 $
1,671,105 $ 3,318,119' $
1,472,018 I $ 3,517,206 I $
1,260,985$ 3,728,238 ' $
1,037,291 $ 3,951"932 ! $
800,175 $ 4,189,048! $
548,832 $ 4,440,391 I $
282,409 $ 4,706,Jl15 I $
$ -, $
$ , $
$ $
$ $
$ 1 $
: 1 :
$ $
$ $
$ $
$ $
42 558 469 $ 57 226 000
PRINCIPAL
BALANCE 1 MONTHLY
55,670,337.; $ 415,769
54,021,333 '$ 415,769
52,,273,390 I $ 415,769
50~20,570 . $ 415,769
48-,-45(j,580 ! $ 415,769
46,374,752 $ 415,769
44,1(;8,013 ! $ 415,769
41,828,B71 $ 415,769
39,349-,380_ $ 415,769
36,721,119 ! $ 415,769
33,935,163 $ 415,769
3i),9112,049 ! $ 415,769
27,851,748 $ 415,769
24,,!)33,630 1 $ 415,769
21,016,424 $ 415,769
17,288,186 I $ 415,769
13;)36,2541 { 415,769
9,147,206, $ 415,769
4:706,si51 $ 415,769
o I $ 415,769
, $
,$
$
, $
$
$
, $
$
i $
$
$
___.hn.h>
_'_..___h_>
YEAR
1
2
3
4
S
6
7
II
9
10
__U
}.?
13
14
~~-
~
-~?
1?
-~~
20
21
22
23
24
2S
26
27
28
29
3~
TOTAL
10 MGD amort
j
, $
I
_ 3/~_?1293
. 223,466lJ
A B
Amo~ization Sche~u'e Template
I{ersion _ 10/25}84. J._
Bureau of E~2_nof"!liC_anq__Bu?Jn~~s_Research
Revised by PeterMa,zzella 10/5/06 --1 -
1
2
3
4
5
6 Scenario C _ Purchase 5 MGD from County (for interim needs) + New Raw Water Trm..~mjssion Main from WWTP to EWTP + 8 MGD LPRO
7 - I - .
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
C
o
E
8/21/2004
F
G
1 _ .1 -- ---
Assumes using cash on han_c:I f~r expe~ses through 2009 and Bond Financing of Ca~ital needs for 2010-2012
__ _ - , - - ,_ - -- -- -l -- n_ - -- - ~ -- --- --',- -- '---- -----~--- - ,---
. '
Enter the Followmg Data
- ,,-- I
, '
Assumed expenditure of cash on hanci-(from Cap fees) 1 $ 26,525,000,0-1
____ _____ n_ ____ __.._ _n_ __... ___... _00- "--1 ..-- ..... ---- ----- -"1 ..___,__._n ----.-----,
B"nq/Loani\mount ,___m______m___ 'm_m____> 1 $_ 39,616,OQQ I
Estimated Annual Interest Rate n~n_~nnn_~> 6.0%.
Payment PE:!riod in Years __n_n__ __n___n__> $ 20.0
!---
----------->
$
$
~i~5),9Q~
287,825.3
A!lnu_~1 ~_~y~ent ------~-----
Monthly Cost ~nn_n_nnn
YEAR
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
TOTAL
5 MGD partial amort
----------->
$
$
1$
$
$
$
$
$
,$
$
$
$
$
$
I:
$
$
$
$
$
$
$
$
1$
$
$
,$
$
$
$
1 PRINCIPAL L
PAYMENT I IN!EREST. L PRINCIPAL , BALA~CE. i MQNTHLY. 1
3'<l53,903J i. 2,376,960' $ 1,076,943 t $ 38,539,057 $ 287,825
3,453,90~ I J i,lh,1411$ - 1,141,560 I $ ),0~,4gfj j 287 c825 i
3,453,gD3 ! $ ,~",.2<13J850._p. },210,Q5'LI t. 36,ll37,443-[-L ~~,825 t-
11~;Jgn r -g;t;:~ Ii ..t;~~~i~ IL'b~~~;~1~IJ .~:;::;~ I
,j~453,9-03J $ 2,012,?10.( L 1,441~931 $.J2,103,gn. $ 287,ljZ5 i
3,.453,9Q3 11 1,~26,23Jl.: 1... 1L527,6~5; $. 3Q,Sl~,312 (.$ 287..1t25
1.4~9031 *-. 1,834,5zg 1_$ ._1,6}!J,32!;+ L 28,956~+'l 2fl7Jl25 i
t:;ttg~-a" -},:~;~~~l,~, H-_-,l:,~ii-:~~Il,.., %11~,~;;~t, ;Z~:~;; I
3,~3,90lr Lh5~,~2_L$. }J928,6~ri .13L492,388 i 287,825 I
l~~903 L$._1,409,541.1-*-_ 2LO~~,3~0 lL_ 21,448,02L.L'2288v~7',8822' 55'1,.
_3,4!;3,gt):J.1 $_1"286,8Jl2.l$ _2,16Zc02~ 11 1<J,281,OQli.IJ ~
3,~5l.901,1.$ 1,}5h86Q, 1" ,2,.c,22.,,7,Q13,1 L 16,_,9,,83~, 3-+ t. ~B7,82!; I
3,~!;3,9,O.3I"L 1,.01,.,,9, 01,,81.$,,-- .2,'~,3~,86~,l'l, 14,549',09S,U $ 287,825 I
. 3,~3,901.1" It72Jl4L$ 2J?8g,9!;8.$ 11,968,110 +L 287,82!;.
3,4,53,9031 $ 71,8,0881,$ 2, ,7, 35,815, I $ 9,232,325 l $, 287,~25 i
3~5:J,9011$ ?53~4Q,$ 2,89!J,9~4 $ 6,312,16L $. 287,825
3,453,903 ' $ 379,942 1 $ 3,073,962 i $ 3,258,399 1$ 287,825
3,453,903 $ 195,504 I $ 3,258,399 $ 0 i $ 287,825
$ $ $ ! $
$ $ , $ i $
: I : ! : I :
$ Ii $ 1-$
$ $- 1$ i$
$ $ , $$
$ $ I $ Ii
. '
1 $ I $ , $, $
$ . $ $ 1 $
1$ L$ $ 1$
69 078 068
29 462 068
39 616 000
A!iSU~rned__~-en-cj"l~u~e-:~f c-ash on hand .(from c:apFees) f 2~_226;i)OO~O-_ i
-B~nd/~oan__Amour}L~~~--~-~_~:_:--=-~=-_=-~~T _n__-_-n_-_-__>-- -1 $ - 19!OQ9~Jl~9_-,!_ -__ _________
_J~~lryl~te~_~nuc:lLI_nt~!:~?J_R?te ---=-~--_-_:~-~_-__=.~=__::: __6.0%1
_~a'i~~!'lJ P~DP~Jn_y,~i~!:~ ___h~:_~____ __!___~__~--=-:~__::.h> __, j__ ~O_& j___ _ _ _ _
. Annual P~ment -:--::.C~-=:=-- ~- L:~-h~-:::-:~ - --j1 _ -~~~i58n n - n_ L
_ Monthl~o", h-~:-r---:h=-- n _ _ j =~_:~h_::> - _ ~ i
n - n n J n _n _n -- rn -- - 1 -- - - -1- PRINCIPAL -t
YEAR - f-PAYMENT-- - INTEREST- I PRINCIPAL njn 8ALANCE - IMONTHLy--r
~ L - -~J r1:::j~~ r:-H~~:~~g B~tm~mt::= ltJ~~:~~}~I~:&m ~.
3 $ .l,487,382f-! 2,265,600 $ 1,221,7831 $ 36,538"l!01 $ 290,615 I
- ~ - - L$_ MilZ,382 f-i-n2,192,29IJ i_: 1,.9S~90+_C35,243~Q] $-22IJ&IS C
~ LL 3,487,382 l..i n2,1!.4..5tl~ $ 1,17229L i33,87Q,32SP 290~15_J
6 $ 3,487,382; $ 2,032,220, $ 1,455,163 i $ 3b415,162.$ 290,615' _ ___
7 $: 33.1il7,3821:jl.1,944..910 IT _5;S42,173-Tf:JO,872,690b - 2!j0,2i5J
8 '$_1.,487,382 i$_1,852,361~i_ h.6~021 ;_L~237,66H L 290,61~ L
.. ~.... 11.. __3.~487,38ITL. 1,754,26.0+.Ll,733'J.2.~..t:$._. 2.7,504,547. t.1. ..._.22Q&..I~..._
-.!() - -....,-..$- 3,487,382 +! ..J.,650,2.73tt$... lLll~7.,109!-,.$._. 25,667,437.. L. 291J&.15._. '..-__nn
11 r t. _1,487~2...L 1,5~(),046 $ _1,947,1}6-J1 ~3,720,1011$ _290,6.15 L
- 12 --1-L 3,487,382tJi_18:J,206 j.$.2,0~176~ L 2J,655~~ L-,90,615 ~_ _
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17 ..$.~,487,382 $ 725,049 j$b762,3331 $ 9d21~8151__$29.0,615
- !Il..__ U .:3,187,382_ i _ 559.209. $_ 2,2;18,0.73. $n~3931741 'L .190,61~__.
19 '$ 3,487,382 t- $ 383,6241 $ 3,103,7581$ 3,289,9831 $290,615 !
- -}Fj l~4tl7~~1l2lf- .19:i,~9_9Lf 3,2~9,~83c:_:"-:(JH 290;615'
--- '::22n- _-:-$':-- ----:-J $- - -= - 1 $- - _- nt-$ n --IT- I.
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c
D
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8/21/2004
---____u__ 1----
TOTAL
B&C amort
F
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1
--- ---1---
I
--!---
i _ _
T .
1800 South Australian Avenue
Suite 202
West Palm Beach, Florida 33409
Tel: (561)684-3456
Fax: (561)684-9902
www.brwncald.com
October 5, 2006
!vir. Kofi Boateng, P.E.
Director of Utilities
Cit).! of Boynton Beach Utilities Department
124 East Woolbnght Road
Boynton Beach, FJ. 33435
BlOSS
Subject:
Supplemental Information on Alternative 3
Presentation to City Coffitl11ssion
Dear Mr. Boateng:
On September 6, 2006, Brown and Caldwell provided a presentation to the City
Commission on future water supply alternatives. .A number of questions on our
presentation were raised by the Commission and we were asked to prepare a response.
The following letter identifies the specific concern and the additional information
requested:
Is there a possibility to incorporate the two Floridan Aquifer test wells into the
proposed new well field?
During the past 18 months, the City has installed two test wells to gather information
about the hydro-geologic characteristics of the Floridan Aquifer. One well is located at
the Boynton Beach Tennis Center (Charter Drive and Congress Avenue) and the second
is located with the Quantum OffiCe Complex (between Quantum Boulevard and :rvfiner
Road). The current thought process for development of a Floridan Aquifer wellfield is
to position the wells near the \Vest \\later Treatment Plant along Military TraiL
Assuming that alignment, a pipeline of at least 2 milcs would be necessary to connect the
tcst wells into the raw water network. The cost of this pipe would be greater than thc
cost of the welL Other options do exist to utilize the test wells. The southern well
Oocated at the tennis center) could be joined into the surficial raw water supply lines and
blended at the East \'(Tater Treatment Plant. Another use for the wells could potentially
be as in-nctwork Aquifer Storage and Recover (ASR) wells. In this manner. the wells
could be used to satisfy peak network demands and eliminate the need to increase the
size of distribution piping. Additional investigation would be necessary before these
options could be implemented.
I'. \C E:-<\LI",,"OfLlk,d, I. \3 \l)H~_( .111'\ 1._l:\o",c",,-l (KK>f'Ci.d,,(
Kofi Boateng, P.E.
October 5, 2006
Will it be necessary to acquire land for the installation of new Floridan Wells or
pipelines?
One of the original goals in siting the wells was to use land owned or controlled by the
City. In the presentation made to the Commission, it was suggested that four wells be
installed at the Boynton Beach Municipal Golf Course and that 2 additional wells be
installed at the Cypress Creek Golf Course. This scenario would require the Cily to
enter into an agreement with Cypress Creek Association which would most likely require
a long-term lease of land within the golf course. Several other options for well
construction were also considered including Indian Hills Golf Course, St. Vincent
DePaul Seminary, and the old sanitary landfill located east of the Boynton Beach
Municipal Golf Course, and Ihe Nickels Boulevard property. Based on these options,
we believe long term lease agreements could be reached and land purchase would not be
required. It is anticipated that lease terms may be in the $10 - $50,000 per year range.
In additioo to the wells. a raw water pipeline would also be necessary. In all of the
routes investigated, the raw water pipeline would traverse either public right-of-way in
the form of Cily or Counly roadways or follow canal rights-of-way owned by either the
South Florida Water Management District (SFWMD) or Lake Worth Drainage District
(LWDD). As part of our analysis, we asswned a $15 per foot one-time usage fee.
Considering the land near the Boynton Beach Municipal Golf Course was once a
landfill, will the installation of Floridan Aquifer WeDs near this site create water
quality problems?
The old land fill is located on the east side of the LWDD E-3 Canal _ due east of the
Boynton Beach Municipal Golf Course. The site occupies approximately 40 acres and is
owned by the City of Boynton Beach. The old land fill site has been closely monitored
by the City of Boynton Beach for at least 10 years. Groundwater samples are collected
from the surficial (or water table) aqnifer quarterly and reported to the Florida
Department of Environmental Protection (FDEP). Currenl test results indicate that the
groundwater does not contain synthetic organic or carcinogenic compounds.
The proposed source of potable water from this sile would be the Floridan Aqnifer.
This zone lies approximately 1,000 feet below ground surface and is separated from the
water lable aquifer by approximately 800 feet of dense clays that comprise the Hawthorn
Formation. The confining unit prevents groundwater movement between the surficial
and Floridan Aquifers and would prevent the migration of any potential contaminants
from the landfill into the deeper zones.
Does the Floridan Aquifer represent a "drought proof' source of water?
Water conswned from the Floridan Aqnifer is regulated by the SFWMD. Although
water within this aquifer is underutilized and appears plentiful, it is anticipated that
greater demand will be placed on this resource in the near future. SF\VMD currently has
not established limits or restriction to the use of Floridan Aquifer water, but it is
expected that restrictions will be imposed with greater use. No source of watel~ is
P: \G EN\BoyntonBeach \ 131088_ CUP\L_Bo..te"lLl {~l606d<x
Kofi Hoaleng, PI:,
October 5, 20()(,
limitless aod drought restrictions could be placed on the l'loridan Aquifer in South
Florida just as they have been in Central Florida over the past several years.
What is the time line for the proposed plan?
Based on the preliminary schedule established during this investigation, we believe that
Phase I ~ Conveyance Pipeline can be installed in approximately three years and be
placed in service by January 2010. Phase 11 - Floridan Aquifer Wells and Modifications
to the West \Vater Treatment Plant would take approximately 6 years to implement and
be placed into service in January 2013. A detailed figure illustrating these schedules is
attached with this letter.
Par both phases of work, land acquisition and / or land use agreements represent the
critical paths. It is our recommendation that a dialogue begin immediately with land
owners (SFWMD, LWDD, Cypress Creek Management Association, St. Vincent DePaul
Seminary, and Indian Hills Golf Course) regarding potential use of their properties.
Securing use of these properties (with the contingency that the projects move forward)
will expedite the implementation phase and will ensure that the land refllilins available.
Potential routes, constnlCtion schedules, and renderings of surface features will aid in
these discussion.
In addition, it is critical that Phase 1 of this plan (Conveyance piping linking the East and
West Plants) be implemenled to take full advantage of seasonal allocation from the
surficial aquifer. The City may consider some form of alternative project delivery such as
design-build, construction management at risk, or having multiple consultants work on
the raw water pipe design. Using any of these delivery techniques will help ensure that
the delivery schedule is met. It is however, unlikely that the implementation schedule
can be compressed much beyond the three years indicated on the project schedule.
We look forward to working with you on this project and would be more than happy to
discuss any of these items in greater detail. If you have any questions regarding the
information presented in this document, please contact me at (561) 684-3456.
Very truly yours,
BROWN AND CALDWELL
Richard D. Olson, P.E.
Project Manager
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XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!Dates in to City Clerk's Office Meetine. Dates in to City Clerk's Offig;:
0 August I, 2006 July 17,2006 (Nuon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15, 2006 Ju1y31,2006 (Noou) ~ 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 (Nuon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative ~ New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION: Direct the City Attorney 10 prepare an Ordinance requiring Board members to disclose
conflicts of interest over and above the disclosure requirements imposed by State Statute.
EXPLANATION: State Statutes require that members of the City Commission and City Boards disclose business
relationships which rise to the level of providing a monetary gain and also prohibit, in most cases, City Commissioners or
Board members from voting on matters which meet or exceed that legal threshold. The City Attorney has previously provided
a memorandum to the City Connnissioners which concludes with the opinion that the City can have more stringent disclosure
requirements than those provided by State Statute. Commission direction is requested to determine if the current State
requirements are sufficient or if the City should impose additional disclosure requirements. To facilitate the Commission's
review of this issue a draft Ordinance is attached. The Ordinance can be revised prior to fIrst reading to expand or contract
the conditions which would give rise to a voting conflict
PROGRAM IMP ACT: It can be anticipated that more stringent disclosure requirements would result in a higher level of
disclosure and disqualification from the review and voting process. When Boards are involved alternate members of the
Board would be required to satisfy quorum and voting requirements.
FISCAL IMPACT: None
Take no action and rely upon the standards set forth in State
ent Head's Signature
Assi
City Manager's Signa e
t to C Manager CM/
City Attorney's Office
Department Name
SoIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
I ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 2 OF THE CITY OF
5 BOYNTON BEACH CODE OF ORDINANCES, CREATING
6 ARTICLE XV, ENTITLED "VOTING BY BOARD
7 MEMBERS", PROVIDING FOR SHORT TITLE; PROVIDING
8 FOR INTENT AND PURPOSE; PROVIDING FOR
9 APPLICABILITY; PROVIDING FOR DEFINITIONS;
] 0 PROVIDING FOR ABSTENTION FROM VOTING BY
II BOARD MEMBERS WITH CONFLICTS OR INTEREST;
]2 PROVIDING FOR DISCLOSURE OF CONFLICTS OF
13 INTERESTS BY BOARD MEMBERS; PROVIDING FOR
]4 ENFORCEMENT; PROVIDING FOR CODIFICATION;
]5 PROVIDING FOR CONFLICTS; PROVIDING FOR
]6 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
]7 DATE.
]8
] 9 WHEREAS, F]orida Statutes requires that all state and ]ocal public officers comply with
20 e Code of Ethics promulgated by Chapter] 12.3] ], et seq., Florida Statutes; and
21 WHEREAS, the Code of Ethics promulgated by the state statutes sets forth requirements
22 or ]ocal public officers' disclosure of interests and abstention from voting; and
23 WHEREAS, the City Commission of the City of Boynton Beach ("City") desires to impose
24 equirements above and beyond those imposed by the state statutes; and
25 WHEREAS, the City Commission has determined that in order to strengthen the
26 onfidence of the City's citizens in the integrity of the City's official bodies, and to foster
27 onfidence in the decisions of the City's decision-making, it would be in the best interest of the
CODING:
Words in stfllce thnlUgh type are deletion from existing law;
Words in underscored type are additions.
Page] 01'8
S:\CC'\WP\ORDlNANCES\2006\Strictcr Voting Requirements,doc
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24
I ity to impose more stringent voting and disclosure requirements on the City's board members,
2 cluding the City Commission; and
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
4 ITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being true and
6 orrect and are incorporated herein by this reference.
7
Section 2.
Chapter 2 of the Code of Ordinances of the City of Boynton Beach, Florida,
8 s hereby amended to create a new article, Article XV, entitled "Voting by Board Members," to
9 ead as follows:
ARTICLE XV.
VOTING BY BOARD MEMBERS.
Sec. 2-200
Short Title.
This article shall be known and cited as the "City of Boynton Beach's Voting
Requirements by Board Members Provision".
Sec. 2-201
Intent and PBI'Dose,
It is the intent and puroose of this article to strengthen the confidence of the City's
citizens in the integrity of the City's public officials by ensuring that the City's officials
discharge their public duties independent of their personal interests. This article is further
intended to ensure that City officials do not participate in any decision in which his or her
decision would be influenced or materially affected by interests which would influence a
reasonable person in his or her decision.
CODING:
Words in stril,e threllgh type are deletion from existing law;
Words in underscored type are additions.
Page 2 of8
S:\CCiWP\ORDINANCES\2006\Stricter Voting Requirements.doc
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Sec. 2-202
Applicability.
This subsection shall apply to all City Boards. including the City Commission and
all City advisory boards of the City of Boynton Beach. This article is intended to
supplement state law provisions governing voting and disclosure requirements of state and
local government officials. Nothing in this article shall be interpreted as conflicting with
Section 112.311 et seq., Florida Statutes. as it applies to the City's public officers.
Sec. 2-203
Definitions.
"Board Member" shall refer to anv member of any of the City's boards including
the City Commission and the City's advisory boards.
"Business Associate" shall refer to anyone with whom the board member shares in
a business enterprise.
"Conflict" or "Conflict of interest" shall mean any situation where the board
member must balance his or her private interest with their official duties.
"Do Business" or "Done Business" shall mean to participate or to have participated
in the past. in the solicitation. negotiation. or execution of any business transaction as a
principal or agent.
"Gift" shall include anything conferred upon a board member for their gain. directlv
or indirectlv. for their private gain. by another. for which the board member did not tender
consideration. financial. in kind. or otherwise. including but not limited to. ally real
property. tangible or intangible personal property. services. preferential treatment.
discounted rate (s). information not disclosed to the public. or forgiveness of any
indebtedness.
"indirect" shall refer to the method in which a benefit is not directly conferred upon
the board member. This shall include. but not be limited to; instances where the board
member receives a benefit accepted by another party on the board member's behalf; the
board member receives a benefit from a person whose interest may be affected by the issue
on which the board member mayor will vote through a third-party; or. the board member's
CODING:
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relative. business associate. or emplovee receives a benefit.
"Interest" shall mean anything which mav positivelv or negativelv affect the board
member's pecuniary interest. liberty. status or recognition in his or her private capacity. or
his or her commitment in his or her private capacity to others.
"Person" shall mean a natural person. or his agent, or an entity (Iegallv recognized
or not) or its principal. agents. or emplovees.
"Relative" shall refer to an individual related to the board member bv blood.
marriage. or adoption. or a person having the same residence as the board member.
Sec. 2-204
Abstention From V otin!!:.
(a) In addition to the provisions set forth in section 112.3143. F.S.. a board
member is deemed to have a conflict of interest and shall not be allowed to vote upon or
advocate for or against. anv decision. ruling. or official act where:
(n the board member. theirrelative. agent, emplovee (s). emplover. or
business associate has anv interest. direct or indirect. in the issue upon
which the board member will vote.
(2) the board member. their relative. agent, or business associate does
business with a person who has an interest in the issue upOn which the board
member will vote.
(3) the board member. their relative. agent. business associate rents.
leases. or purchases property to or from a person who has an interest in the
issue upOn which the board member will vote.
(4) the board member. their relative. agent. emplovee( s). his emplover.
or business associate intends to solicit the business. services. or recognition
of the person whose interests will or mav be affected bv the issue upOn
which the board member will vote.
(5) the board member has. within the previous 24 months. engaged in
CODING:
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any business transaction; rented. leased. or purchased property; or. solicited
the business. services. or recognition. of the person who has an interest in
the issue upon which the board member will vote.
(6) the board member has received. within the previous 12 months. a gift
from the person who has an interest in the issue uoon which the board
member will vote.
(7) the board member has incurred or will incur an obligation which
conflicts or will conflict with the discharge of hislher duties.
(8) the issue upon which the board member will vote may detrimentallv
affect the board member in a capacity other than their role as an ordinary
Citv resident.
(b) Notwithstanding the above. no public officer shall be prohibited from giving
or receiving:
(1 ) An award publiclv presented in recognition of his or her public
servIce;
(2) A commerciallv reasonable loan made in the ordinary course of a
lender's business; or
(3) Reasonable entertainment. meals. or refreshments furnished in
connection with public events. appearances. or ceremonies related to official
duties or city government business.
Sec. 2-205
Disclosure of Conflict Interest.
(a) Ifthere is. or there appears to be a conflict of interest under the provisions of
this article or Section 112.313. F.S.. the board member. prior to a vote bv the board on an
issue in which a board member has a conflict. must disclose the conflict to the board bv
preparing a memorandwn explaining the conflict and submitting it to the person who keeps
the minutes of the meeting. The notice of the conflict must be placed on the agenda of the
CODING:
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board meeting at which the vote is to take place. and the board member must orally disclose
the conflict and the nature of the conflict on the record at the meeting.
(b) In the event that written disclosure has not been made prior to the meeting.
the disclosure shall be made orally at the meeting when it becomes known that a conflict
exists. Within 5 days after the oral disclosure. a written memorandum disclosing the
conflict and the nature of the conflict shall be filed with the person responsible for recording
the minutes of the board meetings and incorporated into the minutes of the meeting at which
the oral disclosure was made. The memorandum shall become a public record. shall
immediately be provided to the other members of the board. and shall be read publicly at the
next meeting.
(c) In the event that a board member has participated in a vote on an issue which
the board member has a conflict and is later informed of the conflict. the board member.
must. immediately upon notice. inform the other board members by memorandum of this
conflict and disclose the conflict orally at the next meeting where the board member shall
orally explain the conflict and why the board member was not on notice of the conflict prior
to the participating in the vote. The remaining board members must then determine whether
the conflict is sufficient enough to have influenced the conflicting board member's vote and
by a maiority vote. decide whether to recall the decision upon which the conflicting member
voted.
Sec. 2-206. Enforcement.
Violation of anv of the provisions of this article may constitute grounds for
suspension or removal from office. pursuant to applicable statutOry and constitutional
procedures. Any board member who violates anv of the provisions of this article may
be removed from any and all boards pursuant to applicable statutes and local
ordinances. Any elected public officer who violates this article shall also be subiect to
censure by a maiority vote of the remaining board members.
Section 3.
It is the intention of the City Commission of the City of Boynton Beach that
33 e provisions of this Ordinance shall become codified and be made a part of the Code of
34 rdinances of the City of Boynton Beach, Florida. The sections of this ordinance may be
CODING:
Words in strike tlrreagh type are deletion from existing law;
Words in underscored type are additions.
Page 6 of8
S :\ca WP\ORDINANCES\2006\Stricter Voting Requirement<>.doc
enumbered, re-Iettered and the word "Ordinance" may be changed to "Section", "Article" or such
2 ther word or phrase in order to accomplish such intention.
3
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
4 onflict herewith be and the same are hereby repealed to the extent of such conflict.
5
Section 5.
If any clause, section, or other part or application of this Ordinance shall be
6 eld by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
7 r invalid part or application shall be considered as eliminated and so not affecting the validity of
8 he remaining portions or applications remaining in full force and effect.
9
Section 6.
This Ordinance shall become effective upon its passage and adoption by the
10 ity Commission.
11
CODING:
Words in strike tMOHgIl type are deletion from existing law;
Words in underscored type are additions.
Page 7 of8
S :\cC\ WP\ORDINANCES\2006\Stricter Voting Requirements.doc
IRST READING this
day of
,2006.
2
3 SECOND, FINAL READING and PASSAGE this _ day of
4 2006.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor - Jerry Taylor
10
II
12 Vice Mayor - Carl McKoy
13
14
15 Commissioner - Robert Ensler
16
17
18 Commissioner - Mack McCray
19
20
21 Commissioner - Muir C. Ferguson
22
23 TrEST:
24
25
26
27
28 ITY CLERK
29
30
31 Corporate Seal)
CODING:
Words in strike threllgh type are deletion from existing law;
Words in underscored type are additions.
Page 80f8
s;\caWP\ORDINANCES\2006\Stricter Voting Requirements.doc
XI. - NEW BUSINESS
ITEM B.
I
2 RESOLUTION NO. R06-
3
4 RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA INDICATING
6 THE CITY COMMISSION'S INTENT TO SUPPORT THE
7 MASTER DEVELOPER OF THE MLK CORRIDOR
8 REDEVELOPMENT PROJECT AND THE CITY'S INTENT
9 TO CONVEY CITY OWNED PROPERTY WITHIN THE
10 MLK CORRIDOR AREA CONTINGENT UPON
II SUCCESSFUL NEGOTIATION OF A MASTER
12 DEVELOPMENT AGREEMENT; AND PROVIDING AND
13 EFFECTIVE DATE.
14
15 WHEREAS, the Community Redevelopment Agency Board is in the process of
16 designating a master developer to undertake redevelopment of the MLK Corridor subject to
17 successful negotiations of a Master Development Agreement between the CRA and the
18 master developer; and
19
20 WHEREAS, the City owns a number of parcels of land within the MLK Corridor
21 area which a master developer will need to acquire and control as part of a successful
22 redevelopment project; and
23
24 WHEREAS, the success of the Master Development Agreement is contingent on the
25 support of the City Of Boynton Beach and policy decisions to be made by the City
26 Commission regarding conveyance of property owned by the City of Boynton Beach within
27 the boundaries ofthe MLK Corridor; and,
28
29 WHEREAS, the City Commission intends to participate in the MLK Corridor
30 project by supportive policy determinations and conveyance of property owned by the City
31 to the master developer selected by the CRA.
32
33 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
34 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
35
36 Section 1. Each Whereas clause set forth above is true and correct and
37 incorporated herein by this reference.
38
39 Section 2. The City Commission of the City of Boynton Beach hereby expresses
40 its support for redevelopment of the MLK Corridor. The City Commission further expresses
41 its preliminary intent to convey the real property owned by the City listed on attached
42 Exhibit "A" to the master developer designated by the Community Redevelopment Agency
43 at a price to be negotiated and conditioned on the successful negotiation of a Master
44 Development Agreement, the terms and conditions of which must be approved by the City
45 Commission.
46
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Section 3.
This Resolution is effective immediately on adoption.
PASSED AND ADOPTED this
ATTEST:
City Clerk
(Corporate Seal)
day of
2
,2006.
CITY OF BOYNTON BEACH
Mayor.- Jerry Taylor
Vice Mayor -. Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner.. Muir C. Ferguson
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EXHIBIT "A2"
Parcel Control Numbers
08-43-45-21,04,000,0202
08,43-45-21,10,005,0 I 00
08-43.45-21, 10,005,0090
08-43,45,21,10-004-0130
08,43-45,21.25-001,0040
08-43-45,21,27,001-0260
08,43-45-21,27-001-0090
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XII. - LEGAL
DEVELOPMENT
ITEM A.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
0 August 1, 2006 July 17, 2006 (Noon.) 0
0 August 15, 2006 July 31, 2006 (Noon) [8:J
0 September 6, 2006 August 14,2006 (Noon) 0
0 September 19,2006 September 5, 2006 (Noon) 0
Requested City Conunission
Meetini! Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
October 3, 2006
September 18, 2006 (Noon)
October 17. 2006
October 2, 2006 (Noonl.
,-<,"
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November 8, 2006
October 16, 2006 (No~
-j
November 6, 2006 (Noon)
..-
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November 21,2006
CXJ
;C~J
NATURE OF
AGENDA ITEM
o
o
o
o
o
o
o
~
o
o
J::-:.
:.:...C:::
City Manager's Report '2
New Business __ ,,_)
Legal
Unfmished Business
.~
~..,
AnnouncementslPresentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
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RECOMMENDATION: Please place this request on the October 17,2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - Firsl Reading on October 3, 2006. For further details pertaining to the request, see attached Department
Memoraudum No. 06-141.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boynton Bagels (ANEX 06-007)
Bradley Miller, Miller Land Planning Consultanls
Peters 3377 N. Federal Highway LLC
3377 North Federal Highway (eastside of Federal Highway, south of Turner Road)
Request to annex subject property.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
U,
City Manager's Signature
Cf11L--
~ .&.-1I1IL
/' Planning and Zoning ~ctor City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Boynton Bagels\ANEX\Agenda Item Request Boynton Bagels ANEX 06-007 1O-17-06,dot
Assistant to City Manager
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06-081
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 0.08+/- ACRIt~S OF
5 LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THIt:
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSL Y HEREWITH;
14 PROVIDING FOR CONIt'L1CTS, SEVERABILITY,
15 AND AN EFFECTIVE DAn~; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, the Peters 3377 N. Federal Highway, LLC, owner, by and through its
23 agent, Bradley Miller of Miller Land Planning Consultants, Inc., of the property more
24 particularly described hereinafter, have heretofore filed a Petition, pursuant to Section 9 of
25 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
26 purpose of annexing a ccrtain tract ofland consisting of approximately 0.08 +/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hercinafter descrihed, in accordancc with Article I, Section 7 (32)
29 of the Chartcr of the City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County IS
31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
32 annexation, constitute a reasonably compact addition to thc City boundary.
S:\CA \Ordinanccs\PJanning\Annexations\Annexation Boynton Bagels.doc
1
1 NOW, THEREFORE, BE IT ORDAJNED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
That each and every Whereas clause is true and correct.
3
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-WAY,
9 KINGS SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS
10 RECORDED IN PLAT BOOK 20, PAGE 47, OF THE PUBLIC RECORDS OF
11 PALM BEACH COUNTY, FLORIDA.
12
13 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR LESS
14
15 Subject to easements, restrictions, reservations, covenants and rights-of-
16 way of record.
17
18 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
19 and become part of the City with the same force and effect as though the same had been
20 originally incorporated in the territorial boundaries thereof.
21
Section3:
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
22 Florida, is hereby amended to reflecl the annexation of said tract of land more particularly
23 described in Section 2 of this Ordinance.
24
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
25 zoning designation and Land Use category is being determined as contemplated in Section
26 171.162(2), Florida Statutes.
27
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
28 repealed.
S:\CA\Ordinances\Planning\Annexations\Annexation - Boynton Bagels.doc
2
1 Sccti()n(,: Should any section or provision of this Ordinance or any portion Ihercot
2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affeet
3 the remainder of this Ordinance.
4
Section 7:
This Ordinance shall nol be passed until the same has been advertised
5 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
6 Beach, Florida, as required by the City Charter and Section 171.044, Florida Stalutes.
7
Section 8.
This ordinance shall become effeclive immediately upon passage.
8
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
9 Circuit Court of Palm Beach County, Florida.
10
FIRST READING this _3- day of OcTo "BE~ ,2006.
11
SECOND, FINAL READING and PASSAGE this ____ day of ______
,2006.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 \Ordinance:;\Planning\Annexations\Anncxation - Boynton Ragels.doc
3
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant; Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 06-141
Chair and Members
Community Redevelopment Agency Board and City Commission
Kathleen Zeitler k7-
Planner
Mr
Michael W, Rumpf .
Director of Planning and Zoning
September S, 2006
Boynton Bagels /(ANEX 06-007) (WAR 06-020)
To annex a 3,342 square foot (0.08-acre) parcel, to reclassify its
land use to Local Retail Commercial (LRC), and rezone to
Community Commercial (C-3),
PROJECT DESCRIPTION
Peters 3377 N, Federal Highway, LLC
Doug Peters / Bradley Miller, Miller Land Planning Consultants Inc.
3377 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "Au - Location Map)
3,342 square feet (0,08 acre)
CHIS Commercial High/with underlying Medium Density
Residential of 5 du/ac (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
Community Commercial (C-3)
Parking lot currently accessory to an adjacent parcel in the City
formerly occupied by All Rags bike sales/repairs. Proposed use is
Boynton Bagels takeout restaurant. Subject property to remain as
parking lot. A site plan application has been filed and is currently
under review.
....:::;1... ...
Boynton Bagels
ANEX 06-007 and LUAR 06-020
Adjacent Uses:
North:
South:
Developed commercial property with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3)
(formerly All Flags bike sales/repair, proposed is Boynton Bagels
takeout restaurant);
Developed commercial property classified as Palm Beach County
Commercial High Intensity (CH/S) land use and zoned Palm Beach
County General Commercial (CG);
East:
Developed single-family residential subdivision (Tradewinds)
classified as Palm Beach County Medium Density Residential (MR-
S) land use and zoned Palm Beach County Single-Family
Residential (RS)
West:
Right-of-way for Federal Highway, then farther west is property
designated Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 townhomes
(forthcoming Gulfstream Gardens II project); and to the
northwest, developed commercial property classified as Palm
Beach County Commercial High Intensity (CH/S) land use and
zoned Palm Beach County General Commercial (CG);
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present; and,
4, The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation / land use amendment /
rezoning were mailed a notice of this request and Its respective hearing dates, The applicant
certifies that they posted signage and mailed notices in accordance with Ordinance No, 04-007,
. ...~.....-.
Boynton Bagels
ANEX 06-007 and LUAR 06-020
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 3,342 square feet or 0.08 acre. Because of the size of the property under
consideration, the Florida Department of Community Affairs classifies this amendment as a
"small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the
Florida Department of Community Affairs, and is not reviewed for compliance with the state,
regional and local comprehensive plans prior to adoption.
The proposed land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation (ANEX 06-007). The subject property's current land
use classification is Commercial High with underlying Medium Density Residential of five (5)
dwelling units per acre (Palm Beach County CHIS), The applicant is requesting to annex into
the City to utilize the Local Retail Commercial (LRC) land use classification and the Community
Commercial (C-3) zoning district, The proposed land use classification (LRC) is the city's
equivalent to the County's CHIS land use classification, in terms of the allowable uses and
respective intensities. Therefore, the requested land use amendment I rezoning application
would be consistent with Chapter 2, Section 9,C.2(2) of the Land Development Regulations,
Since this is the case, the request is relatively straightforward and would not require an
evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as
outlined in Chapter 2, Section 9,C.7 of the Land Development Regulations, Instead, staff
analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the
city's annexation program, and service capability,
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8,10.4, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City.
Basically, this Policy requires the establishment of an annexation program, promotes orderly
annexation, and prohibits the creation of new enclaves. The annexation of the subject property
will further the efforts of the annexation program through reduction in the number of enclave
properties. State annexation law allows the annexation of enclaves that are less than 10 acres
through an inter-local agreement with the County without the consent of the property owners.
Currently, objectives of the annexation program include annexing all enclaves less than 10
acres, and to incrementally annex enclave properties with the intent to reducing them below
the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation,
Existing land uses along the U,S. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently in the City, and for those which will be annexed.
The subject property lies within Planning Area V of the Federal Highway Corridor Community
Redevelopment Plan, Area V contains a mix of land uses, including commercial uses on small
relY" 't
Boynton Bagels
ANEX 06-007 and LUAR 06-020
parcels, Although residential uses are encouraged along Federal Highway through
redevelopment, the subject property is insufficient in size to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e.g, Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs, All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2, Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed
the project and determined that it meets Traffic Performance Standards of Palm Beach County.
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, a takeout restaurant, it has been
determined that services allocated to, or existing within the area are adequate to provide the
project with a necessary level of service.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "C" - Conditions of Approval.
ATTACHMENTS
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3377 NORTH FEDERAL
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PETERS 3377 N. FEDERAL HIGHWAY, LLC
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Project name: Boynton Bagels
File number: ANEX 06-007, LUAR 06-020
EXHIBIT "C"
Conditions of Approval
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
--
Comments: NONE X
PLANNING AND ZONING
Commenls: NONE X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: NONE X
ANEX 06-007, LUAR 06-020
CONDlTlONS OF APPROVAl
PAGE 2
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DEPARTMENTS
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ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determmed.
S :\Planning\SHARE D\W P\PROJE CTS\Boynton 8agels\LUAR\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
VI. Consent Agenda
A, Approval of the Minutes Savage Creatures Workshop - June 22, 2006
B. Approval of the Minutes MLK Corridor RFP Meeting - June 22, 2006
C. Approval of the Minutes CRA Board Meeting - August 8, 2006
D. Approval of the Minutes CRA Budget Meeting - August 24, 2006
E. Approval of the Monthly Financial Results - September 30, 2006
F, Approval of FY 06/07 Budget Amendment
G, Approval of Events - 4th Quarter Schedule
Ms, Heavilin pulled item VI-C. Mr, Myott pulled item VI-G.
Motion
Ms. Horenburger moved to approve the Consent Agenda as amended, Mr. Myott seconded the
motion that passed 6-0,
VII. Public Hearing
Attorney Spillias explained the quasi-judicial hearing procedure and swore in all who planned to
appear as witnesses during this meeting. Attorney Spillias then asked the Board members to
disclose any ex-parte communications they might have had with anyone other than staff
regarding any of the matters on the Public Hearing agenda. Ms. Horenburger had spoken with
Herb Kahlert, a resident, and his son, Hans Kahlert, on the Boynton Bagels project, VII-A & B,
Mr. Norem had spoken with Hans Kahlert on the same items.
Old Business:
None
New Business:
A. Annexation
1.
Project:
Agent:
Boynton Bagels (ANEX 06-007)
Bradley Miller, Miller Land Planning
Consultants
Peters 3377 N. Federal Highway LLC
3377 North Federal Highway (east
side of Federal Highway, south of
Turner Road)
Request to annex subject property
Owner:
Location:
Description:
B. Land Use Plan Amendment/Rezoning
2.
Project:
Agent:
Boynton Bagels (LUAR 06-020)
Bradley Miller, Miller Land Planning
Consultants
Peters 3377 N. Federal Highway LLC
Owner:
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
Septtlm~~r12, 2006 ~
Location:
3377 North Federal Highway (east
side of Federal Highway, south of
Turner Road)
Request to amend the
Comprehensive Plan Future Land
Use Map from Commercial High with
underlying Medium Density
Residential of S dulac (CHIS) (Palm
Beach County) to Local Retail
Commercial (LRC);
Description:
and
Request to rezone from General
Commercial (CG) (Palm Beach
County) to Community Commercial
(C-3).
Kathleen Zeitler, Planner, presented for staff, stating her intent to present the Annexation and
Land Use Plan Amendment and Rezoning concurrently.
The property is small with only 3,342 square feet. The site is a parking lot for a parcel formerly
occupied by All Flags bike sales and repairs, The proposed use for this project is a Boynton
Bagels takeout restaurant. The subject property would remain as a parking lot. A site plan
application had been filed and was currently under review by staff.
Ms. Zeitler displayed a depiction of the subject property, a parking lot. The remaining property
for the proposed restaurant was already in the City.
Staff reviewed the annexation and land use amendment and rezoning and found them to be
consistent with the objectives of the City and with the current designations in the
unincorporated area of the County. Staff found the project would not create additional impacts
on infrastructure that could not be accommodated by the City, and the requested change would
help further provide economic contribution as. well as make a non-conforming situation less
non-conforming. Staff recommended approval of the annexation, land use and rezoning of the
parcel.
Bradley Miller, Miller Land Planning Consultants, agent for the applicant, Doug
Peters, declared the parcel where the building now existed was already in the City and the
parking lot was not, so in order for the redevelopment to occur, the parcel had to be brought
into the City, The land use being proposed was the LRC land use that was consistent with what
the County land use of CH, The proposed zoning, C3, was consistent with the CG zoning
presently in place under the County designation.
Mr. Myott asked if the site plan that was in process included another parcel, and Mr. Miller
responded it did, The parcel seemed very small to Mr. Myott and he asked if, when added to
the other parcel, the site would meet the criteria for a lot area in a commercial C-3 zoned site.
Mr, Miller noted a different agent was processing the site plan, but he thought there might be
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 200~
some legal nonconformities involved with the building situation. Ms, Zeitler responded the
required minimum square footage would be 1S,000 square feet and she did not think the
proposed site plan would meet it, If a variance were to be required, it would come before the
board along with the site plan. Mr. Myott inquired whether there was other land to the south
that could be attached to it to make it conforming, either in the City or the County,
Ms. Zeitler explained the existing building was on Lot 9 and a portion of Lot 10 and was in the
City already. Lot 8 (the parking lot) was the property to be annexed. It appeared to Ms.
Horenburger that the property had been annexed into the City without the parking lot, and Ms.
Zeitler agreed, Ms, Horenburger believed the annexation, site plan, land use amendment and
rezoning should have come to the board at one time, they way they usually did. Ms. Zeitler
responded this was because the site plan was under the control of a different agent and Mr.
Miller's request was completed first.
Ms. Zeitler displayed a copy of a site plan that was under review, It included the building and a
proposed canopy extending from the front of the building where there would be outdoor
seating on a limited basis. The seating was limited due to the small amount of parking.
Ms. Horenburger inquired how far the canopy would be from the adjacent residential uses. Ms,
Zeitler responded the site plan did not show the dimensions, but she estimated the canopy was
approximately twenty feet from the residential.
Mr. Norem agreed with Ms, Horenburger's desire to hear the projects in their entirety, but he
felt there was no reason to deny annexation into the City in the absence of a site plan, since
the site plan still had to be presented for approval. If they were annexed and failed on the site
plan or a variance, it was still in the City as a source of tax revenues,
Ms. Heavilin did not see any reason to hold off on the annexation of the subject property. Mr.
Myott felt the annexation made the likelihood of a site plan working more likely since the lots
would be joined to each other. It also cleaned up the County pockets, a Comprehensive Plan
goal. Mr, Norem remarked this was what the City had wanted to happen in this area for years,
Ms, Horenburger asked Mr. Spillias if the board would be granting anything by annexing the
property in relation to the business that wanted to establish itself on this property. Mr. Spillias
responded the board was being asked to do two things: 1) annexation, and 2) a land use and
zoning change that would make it consistent with the City's zoning regulations. Beyond that,
the present use could continue if they chose to continue, If they chose to come through with a
new site plan, consideration would be given at that time. The board's annexation decision
should be based only on annexation principles. The land use and zoning decision should be
made only on zoning. The site plan was no consideration at all for the board's decision.
Ms, Zeitler remarked the only thing that was triggering a new site plan in this case was a
change of use. If it remained retail and a new business went in as a retail use, it would not
have a change of use and would not require a site plan to be approved.
Rev, Chaney confirmed with Attorney Spillias the action of the board would be to recommend
annexation to the City Commission.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida___
September 12, 2006
Vice Chair Norem opened the floor for public comment, reminding the speakers of the three-
minute limitation on speaking.
Tamara Lane, 3216 Palm Drive, Boynton Beach, resident of the Tradewinds subdivision
adjoining the subject property, spoke against the annexation. Her property was behind what
was being called the "parking lot." She clarified that it had never been a parking lot until
Hurricane Wilma, The property owner took that opportunity to take down a huge banyan tree
on that property, wiping out a whole eco system and paving the area quickly. Since it was in
the County, there had been no permits. She showed the board some pictures to illustrate her
point and those pictures were made a part of the record. The parking lot pavement abuts her
property and her neighbor's property. Their fence line was about three feet away from the
paved area, There was no drainage, The parking lot was done in a shoddy manner, The
annexation was up to the City, but they needed to have engineers take a close look at it. There
was no easement. Right out front was where the children waited for the bus, It was a busy
corner, After 9-11, no one came in that lot because the owner had it chained up and the fence
was there, It had always been chain linked and closed. It had never been a parking lot. The
City had been given false information and would be approving something on false information.
She questioned the integrity of the developer because of this. In the aerial photographs Ms,
Lane provided to the board, it could be seen that prior to Hurricane Wilma, there was no paved
parking lot at this location.
Mr. Norem responded Ms. Lane would have to inquire about the permit situation with the
County Zoning Department, since it was currently in their jurisdiction. The board was
considering the annexation of the land itself and a site plan would still have to come forward for
approval. What was there now may not necessarily be allowed to remain. If they wanted that to
be a parking lot in conjunction with what they had on the other property, they would have to
meet all kinds of landscaping, setback, and other requirements.
Patricia Kahlert, another Tradewinds resident, spoke in opposition to the annexation and
proposed bagel restaurant. She provided the board with a box of donuts and a bag of bagels
from the Dunkin Donuts shop across the street from the subject property. She felt having a
bagel shop across the street from Dunkin Donuts would be redundant. Dunkin Donuts was
open from S:30 a.m. to 9:00 p.m, and they did not have enough business to stay open past
9:00 p,m. She felt a bagel restaurant would not thrive at the proposed location and would be
quickly replaced with another business. She was also concerned about the devaluation of the
residential properties abutting the subject property if this site had a takeout restaurant on it.
Ms. Kahlert owned three SO-foot lots adjacent to the subject property. She referred to an
appraiser from Callaway and Price who was appraising her property. He advised it would make
a big difference if the adjacent property were "retail or takeout," Ms. Kahlert was a neighbor
of Ms. Lane to the south and she echoed everything she had said, She referred to a small
business on Federal Highway called Ralph and Rosie's that stayed open late, She knew the City
had good intentions, but wondered how the City could have ever allowed a business like the
bar/nightclub across the street from subject property to be placed in a mall, which she had
watched die since that had taken place.
Mr. Miller confirmed for Mr. Myott that the ownership was the same for both sites. Mr. Miller
noted that by annexing the property, the City would have more control over what happened on
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
it and it would be subject to the City's Code of Ordinance requirements. The City had no control
over it at present.
Mr, Sims agreed it would be better to have this property under the control of the City, He
appreciated and understood the remarks of the two residents who spoke. The parking lot
situation did make him wonder and he thought that should be investigated.
Ms. Heavilin also appreciated the feelings of the residents who spoke, She asked staff what
would be allowed under C-3 that would not be allowed presently. Ms. Zeitler responded if it
were to remain in the County, it could be residential or it could be high commercial, which
would allow more intensive uses to locate there, The general commercial zoning on the
property now was consistent with the City's local retail commercial zoning district. Conditional
uses were also possibilities, Mr, Miller added that under the County zoning, a cocktail lounge
would be a permitted use but it would not under the proposed zoning change,
Ms. Zeitler noted it was the applicant's intention to bring the property up to Code as much as
possible. There would be a six-foot buffer wall and landscaping on the east property line to
buffer the adjacent residential and bring it up to as many of the Code provisions as possible.
Mr, Norem asked how many stories would be entailed with the project and Ms, Zeitler
responded the C-3 district allowed for heights of 4S feet. Mr, Miller declared the building would
remain as a one-story building. Ms. Zeitler noted they were working with the agent who was
bringing the site plan forward to make some architectural improvements to the building,
including painting and sprucing up in general.
Ms. Horenburger inquired whether another zoning category might actually fit the proposed use,
Ms, Zeitler responded C-3 most closely fit the zoning the property now had in the County. C-2
was neighborhood commercial but that was not typically found on Federal Highway, and C-3,
community commercial, was more common, It could not go in C-l since that was an office
district. Ms. Horenburger asked if restaurants and outdoor dining would be allowed in C-3 or if
they were conditional uses. Ms. Zeitler was not certain, Ms. Horenburger felt there were some
unanswered questions and she wanted to see it come back to the board when the questions
were answered.
Mr, Miller stated that in the C-2 zoning district, restaurants were permitted uses and the
minimum square footage was SK square feet. Ms. Horenburger inquired whether a restaurant
would be a conditional use in C-3. Mr, Miller stated the Code talked about sidewalk cafes within
the CRA area as an accessory use. Ms. Zeitler said a restaurant would be a conditional use in a
C-3 district,
Mr, Myott remarked C-2 was frequently adjacent to residential uses, Ms, Horenburger asked
why it would be problematic for the applicant to go to C-2. The proposed use might be more
suited to C-2. Ms. Zeitler responded the adjacent parcel was already zoned C-3, so it made
sense to have the same zoning; otherwise, they would have to bring in the other parcel and
rezone it as well. If it were to function as one site, it had to be zoned the same. Ms,
Horenburger did not understand why the board was not being asked to rezone this to C-2, since
it did not fit in the C-3 zoning category. It would require a variance,
6
Meeting Minutes
Community Redevelopment Agency
_Boynt~n Beach, Florida
________S.!!ptel11ber 12,2006
--_..~-----_.-
Mike Rumpf, Planning & Zoning Director, stated although there had been quite a lot of
transition along this portion of the corridor to residential, the predominant land use had been
retail/commercial, and C-3 specifically, Even though it did not seem to fit that parcel, there
were a lot of parcels in the area that were smaller and perhaps non-conforming. As far as use
and the predominant zoning district in the area, it was more C-3. It was correct that it was seen
more often in neighborhood areas, and not on the major corridors. There was not a perfect fit.
Motion
Mr. Myott moved to approve the request to annex the subject property, Ms, Heavilin seconded
the motion that passed S-l, Ms. Horenburger dissenting.
Motion
Mr. Myott moved to approve the request to rezone the subject property from General
Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton
Beach. Mr, Sims seconded the motion.
Mr, Spillias noted it would also include the Land Use Map.
Mr. Myott changed his motion to approve the request to amend the Comprehensive Plan Future
Land Use Map from Commercial High with underlying Medium Density Residential of S du/ac
(CH/S) (Palm Beach County to Local Retail Commercial (LRC) and to approve the request to
rezone the subject property from General Commercial (CG) (Palm Beach County) to Community
Commercial (C-3) in the City of Boynton Beach, Mr. Sims agreed to the addition to the motion,
Pat Kahlert asked to speak again. Mr. Norem advised her the public hearing portion of this item
had been closed. When asked again to allow comment, Mr. Norem deferred to the Board
Attorney. Mr, Spillias indicated it was up to the board whether they wished to reopen the public
hearing, At the beginning of the discussion, he believed it was mentioned the item was being
handled jointly.
With a request from Ms, Heavilin not to allow comments that had already been covered, and
with the board's consensus, Mr. Norem reopened the public comment portion of this item.
Craig Ritchie, 3910 Palm Drive, Boynton Beach, resided right behind the proposed project
and was concerned about the noise from food prepping in the early morning hours, emptying of
the dumpster, and the possibility of rats near the residences from the dumpster. The proposed
project would only be about ten feet from the property line of the residences.
Hans Kahlert, 3210 Palm Drive, Boynton Beach, was concerned about lighting levels and
hours of operation. Although he did not want to undermine his neighbors, the redevelopment of
the area was important and there could be far worse uses for the property such as a bar. If it
were approved, he hoped the board would require limited hours of operation from 7:00 a.m.
through 3:00 p.m, A six-foot wall might not be high enough to buffer the residences from the
site lighting. Also, there was not much room for landscaping. The awning extending from the
southern portion of the building would be extremely close to their property line. He owned a
restaurant at one time and hoped the board would be sensitive to such matters when
considering the project. He also hoped they would consider some architectural upgrades to the
building.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006_
Ms, Horenburger suggested Mr, Kahlert meet with the agent for the site plan.
Mr, Norem closed the floor to further public comment.
The motion passed 6-0.
C. New Site Plan
Location:
Baywalk (NWSP 06-017)
Carlos Ballbe, P.A.
Southern Homes of Palm Beach V,
LLC
West side of Federal Highway, north
of Miller Road
Request for new site plan approval
for 40 townhouse units on a 2.26-
acre parcel in an IPUD zoning
district.
1.
Project:
Agent:
Owner:
Descri ption:
Kathleen Zeitler, Planner, presented the staff report. This project had previously received
approval for a land use amendment from LRC to SHDR in 2004. It was also rezoned at that time
from C-3 to lnfjll PUD, Site Plan approval was received in 2004 for the Oceanside project.
However, that site plan expired and the applicant was presenting a new site plan for a slightly
different project. It had previously been approved for 4S town homes and it now proposed 40
townhomes for a lesser density of 17,7 dujacre, Currently, the property had a modular sales
office and a billboard on it, That would all be removed.
The site plan showed one entrance from Federal Highway with some drives off to the side, and
a road going through the center with a roundabout at the end. The proposed project would
have condominium style ownership. The roads would be private. The landscape areas, roads,
parking spaces and driveways would all be common area except for the units themselves, which
would be owned individually. Twenty-four of the forty units would have one-car garages and
the remaining units would have spaces located throughout the development in front of the
units, Also included was a recreation area with a community pool and pool house, with its own
parking. Perimeter landscape buffers ten feet in width were proposed along the north, south,
and west property lines. There would be a six-foot masonry wall along the north, west, and
south property lines, There would be a metal fence with individual gates leading out from the
Federal Highway frontage.
Chair T71lman arrived at 7:25 p.m.
The smallest unit, Unit A, would have 1,189 square feet under air. The largest unit was Model D
with 1,688 square feet under air. All the buildings would be two stories and range in height
from 24 feet to 28 feet, four inches. The open space requirement was 200 sq, It, per unit and
that was met and exceeded with the open space area provided.
8
XII. - LEGAL
DEVELOPMENT
ITEM A.2
CITY OF BOYNTON BEACl
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office
0 August 1, 2006 July 17,2006 (Noon.) 0
0 August 15, 2006 July31.2006 (Nuon) [gJ
0 September 6, 2006 August 14, 2006 (Noon) 0
0 September 19, 2006 September 5,2006 (Nouu) 0
Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office
October 3, 2006 September 18, 2006 (Noon)
October 17, 2006
October 2, 2006 (Noon),
_r)
(--)=1
~i-<
--<0
November 8, 2006
October 16, 2006 (No~
'-"~f
,
November 6, 2006 (NQ;6fl)
"
November 21, 2006
.~~3
0 Announcements/Presentations 0 City Manager's Report~?
NATURE OF 0 Administrative 0 New Business )
AGENDA ITEM 0 Consenl Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
"~
_:2
"~
.j
""'1 co
--f71
,.~~
2
~-
RECOMMENDATION: Please place this request on the October 17,2006 City Conunission Agenda under Legal,
Ordinance - Second Reading. The City Conunission approved this item under Public Hearing and Legal. Ordinance _
First Reading on October 3, 2006. For further details pertaining to the request, see attached Department Memorandum No.
06-141.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boyntou Bagels (LUAR 06-020)
Bradley Miller, Miller Land Planning Consultants
Peters 3377 N. Federal Highway LLC
3377 North Federal Highway (eastside of Federal Highway, south of Tumer Road)
Request to amend the Comprehensive Plan Future Land Use Map from Commercial High
with underlying Medium Density Residential of S du/ac (CHIS) (Palm Beach County) to
Local Retail Commercial (LRC); and
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~"...- ('ft'V
Assistant to City Manager
Developme
~
Planning and Zoning D' ctor City Attorney I Finance
S:\Planning\SHARED\WP\PROJECTS\Bo n Bagels\LUAR\Agenda Item Request Boynton Bagels tUAR 06-020 Amend 10~17-06.dot
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- 088..
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE I~AND USE I<:LEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY PETERS 3377 N. FEDERAL HIGHWAY,
8 LI"C., AND LOCATED AT 3377 NORTH FEDERAL
9 HIGHWAY, EAST SIDE OF FEDERAL HIGHWAY
10 AND SOUTH OF TURNER ROAD; CHANGING THE
11 LAND USE DESIGNATION FROM CHIS
12 COMMERCIAL H1GH/WITH UNDERLYING MEDIUM
13 DENSITY RESIDENTIAL OF 5 DUlAC (PALM BEACH
14 COUNTY TO LOCAL RETAIL COMMERCIAL (LRC);
15 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
19 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
20 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
21 Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
24 WHEREAS, after two (2) public hearings the City Commission acting in its dual
25 capacity as Local Planning Agency and City Commission finds that the amendment
26 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
27 the best interest of the inhabitants of said City to amend the aforesaid Element of the
28 Comprehensive Plan as provided.
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
30 CITY OF BOYNTON BEACH, FI"ORlDA, THAT:
31 Section I: The foregoing WHEREAS clauscs are true and correct and incorporated
S:\CA \Ordinanccs\Planning\Land I Jse\Boynton Bagel.doc
1 herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land located at 3377 North
5 Federal Highway, east side of Federal Highway and South of Turner Road; changing the land
6 use designation from CHl5 Commercial High/with underlying Medium Density Residential of
7 5 du/ac (Palm Beach County) to Local Retail Commercial (LRC).
8
9 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-WAY,
10 KINGS SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS
11 RECORDED IN PLAT BOOK 20, PAGE 47, OF THE PUBLIC
12 RECORDS OF PALM BEACH COUNTY, FLORIDA.
13
14 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR LESS
15
16 Subject to easements, restrictions, reservations, covenants and
17 rights of way of record.
18
19
20 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
21 Future Land Use Plan shall be amended accordingly.
22 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
23 Section 5: Should any section or provision of this Ordinance or any portion thereof be
24 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
25 remainder of this Ordinance.
26 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
27 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
28 Land Development Regulation Act. No party shall be vested of any right by virtue of the
29 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
S:\CA \Ordinances\Plannjng\Land Use\BO)TIton Bagel.doc
1 including appeals, are exhausled. In Ihc cvent that the effective date is established by state law or
2 special act, thc provisions of state act shall control.
3
FIRST READING this 3_ day of _ex:.......OBE~ ' 2006.
4
SECOND, FINAL READING and PASSAGE this __ day of__
,2006.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24 City Clerk
25
26 (Corporate Seal)
27
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
---^._--------~_.__.-
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
$:\CA \Ordinances\Planning\Land Use\Boynton Bagel.doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-141
Chair and Members
Community Redevelopment Agency Board and City Commission
Kathleen Zeitler k1.
Planner
'\l.r
Michael W. Rumpfv.--
Director of Planning and Zoning
September S, 2006
Boynton Bagels /(ANEX 06-007) (LUAR 06-020)
To annex a 3,342 square foot (0.08-acre) parcel, to reclassify its
land use to Local Retail Commercial (LRC), and rezone to
Community Commercial (C-3).
PROJECT DESCRIPTION
Peters 3377 N. Federal Highway, LLC
Doug Peters / Bradley Miller, Miller Land Planning Consultants Inc.
3377 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "A" - Location Map)
3,342 square feet (0,08 acre)
CHIS Commercial High/with underlying Medium Density
Residential of S du/ac (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
Community Commercial (C-3)
Parking lot currently accessory to an adjacent parcel In the City
formerly occupied by All Flags bike sales/repairs. Proposed use Is
Boynton Bagels takeout restaurant. Subject property to remain as
parking lot. A site plan application has been filed and Is currently
under review.
Boynton Bagels
ANEX 06-007 and LUAR 06-020
Adjacent Uses:
North:
South:
Developed commercial property with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3)
(formerly All Flags bike sales/repair, proposed Is Boynton Bagels
takeout restaurant);
Developed commercial property classified as Palm Beach County
Commercial High Intensity (CH/S) land use and zoned Palm Beach
County General Commercial (CG);
East:
Developed single-family residential subdivision (Tradewlnds)
classified as Palm Beach County Medium Density Residential (MR-
S) land use and zoned Palm Beach County Single-Family
Residential (RS)
West:
Right-of-way for Federal Highway, then farther west is property
designated Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 townhomes
(forthcoming Gulfstream Gardens II project); and to the
northwest, developed commercial property classified as Palm
Beach County Commercial High Intensity (CH/S) land use and
zoned Palm Beach County General Commercial (CG);
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the Oty's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present; and,
4. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
PROPERTY OWNER NOTIFICATION
OWners of properties within 400 feet of the subject annexation / land use amendment /
rezoning were mailed a notice of this request and Its respective hearing dates, The applicant
certifies that they posted slgnage and mailed notices In accordance with Ordinance No, 04-007.
Boynton Bagels
ANEX 06-007 and WAR 06-020
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 3,342 square feet or 0.08 acre. Because of the size of the property under
consideration, the Florida Department of Community Affairs classifies this amendment as a
"small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the
Florida Department of Community Affairs, and is not reviewed for compliance with the state,
regional and local comprehensive plans prior to adoption,
The proposed land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation (ANEX 06-007), The subject property's current land
use classification is Commercial High with underlying Medium Density Residential of five (S)
dwelling units per acre (Palm Beach County CHIS). The applicant is requesting to annex into
the City to utilize the Local Retail Commercial (lRC) land use classification and the Community
Commercial (C-3) zoning district, The proposed land use classification (LRC) is the city's
equivalent to the County's CHIS land use classification, in terms of the allowable uses and
respective intensities. Therefore, the requested land use amendment I rezoning application
would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations,
Since this Is the case, the request is relatively straightforward and would not require an
evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as
outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations, Instead, staff
analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the
city's annexation program, and service capability.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8,10.4, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City,
Basically, this Policy requires the establishment of an annexation program, promotes orderly
annexation, and prohibits the creation of new enclaves. The annexation of the subject property
will further the efforts of the annexation program through reduction in the number of enclave
properties. State annexation law allows the annexation of enclaves that are less than 10 acres
through an inter-local agreement with the County without the consent of the property owners,
Currently, objectives of the annexation program include annexing all enclaves less than 10
acres, and to incrementally annex enclave properties with the intent to reducing them below
the lO-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation.
Existing land uses along the U.S. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use deSignation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently In the Oty, and for those which will be annexed.
The subject property lies within Planning Area V of the Federal Highway Corridor Community
Redevelopment Plan. Area V contains a mix of land uses, Including commercial uses on small
Boynton Bagels
ANEX 06-007 and LUAR 06-020
parcels. Although residential uses are encouraged along Federal Highway through
redevelopment, the subject property is insufficient in size to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e,g, Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves, These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3, Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed
the project and determined that it meets Traffic Performance Standards of Palm Beach County,
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, a takeout restaurant, it has been
deterrnined that services allocated to, or existing within the area are adequate to provide the
project with a necessary level of service,
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic developrnent of the City, Therefore, staff recommends that the subject
request be approved, If conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "e" - Conditions of Approval.
ATTACHMENTS
S:\Plannlng\SHARED\WP\PROJECfS\Boynton Bagels\LUAR 06-o20\Staff Report.doc
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EXHIBIT "A" - BOYNTON BAGELS LOCATION MAP
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Project name: Boynton Bagels
File number: ANEX 06-007, LUAR 06-020
EXHIBIT "c"
Conditions of Approval
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTERlENVIRONMENT ALlST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: NONE X
ANEX 06-007, LUAR 06-020
CONDITIONS OF APPROY AI.
PAGF 2
, ,
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
- - -~------'----"-- -_.,.~------ -- --_._-~_._~-'----'--- --- _.__.~- -
Comments: To be delermined.
- '.-~'~- ~=..-
S:\Planning\SHARED\ WP\PROJECTS\Boynton Bagels\LU AR\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
VI. Consent Agenda
A, Approval of the Minutes Savage Creatures Workshop - June 22, 2006
B. Approval of the Minutes MLK Corridor RFP Meeting - June 22, 2006
C. Approval of the Minutes CRA Board Meeting - August 8, 2006
D, Approval of the Minutes CRA Budget Meeting - August 24, 2006
E. Approval of the Monthly Financial Results - September 30, 2006
F, Approval of FY 06/07 Budget Amendment
G, Approval of Events - 4th Quarter Schedule
Ms. Heavilin pulled item VI-C. Mr, Myott pulled item VI-G,
Motion
Ms. Horenburger moved to approve the Consent Agenda as amended. Mr. Myott seconded the
motion that passed 6-0.
VII. Public Hearing
Attorney Spillias explained the quasi-judicial hearing procedure and swore in all who planned to
appear as witnesses during this meeting, Attorney Spillias then asked the Board members to
disclose any ex-parte communications they might have had with anyone other than staff
regarding any of the matters on the Public Hearing agenda, Ms. Horenburger had spoken with
Herb Kahlert, a resident, and his son, Hans Kahlert, on the Boynton Bagels project, VII-A & B.
Mr, Norem had spoken with Hans Kahlert on the same items.
Old Business:
None
New Business:
A. Annexation
1.
Project:
Agent:
Boynton Bagels (ANEX 06-007)
Bradley Miller, Miller Land Planning
Consultants
Peters 3377 N. Federal Highway LLC
3377 North Federal Highway (east
side of Federal Highway, south of
Turner Road)
Request to annex subject property
Owner:
Location;
Description:
B. Land Use Plan AmendmenURezonina
2.
Project;
Agent;
Boynton Bagels (LUAR 06-020)
Bradley Miller, Miller Land Planning
Consultants
Peters 3377 N. Federal Highway LLC
Owner:
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
-- -------~
September 12, 2006
Description:
3377 North Federal Highway (east
side of Federal Highway, south of
Turner Road)
Request to amend the
Comprehensive Plan Future Land
Use Map from Commercial High with
underlying Medium Density
Residential of S dulac (CHIS) (Palm
Beach County) to Local Retail
Commercial (LRC);
Location:
and
Request to rezone from General
Commercial (CG) (Palm Beach
County) to Community Commercial
(C-3).
Kathleen Zeitler, Planner, presented for staff, stating her intent to present the Annexation and
Land Use Plan Amendment and Rezoning concurrently,
The property is small with only 3,342 square feet. The site is a parking lot for a parcel formerly
occupied by All Flags bike sales and repairs. The proposed use for this project is a Boynton
Bagels takeout restaurant. The subject property would remain as a parking lot. A site plan
application had been filed and was currently under review by staff,
Ms. Zeitler displayed a depiction of the subject property, a parking lot. The remaining property
for the proposed restaurant was already in the City.
Staff reviewed the annexation and land use amendment and rezoning and found them to be
consistent with the objectives of the City and with the current designations in the
unincorporated area of the County. Staff found the project would not create additional impacts
on infrastructure that could not be accommodated by the City, and the requested change would
help further provide economic contribution as well as make a non-conforming situation less
non-conforming. Staff recommended approval of the annexation, land use and rezoning of the
parcel.
Bradley Miller, Miller Land Planning Consultants, agent for the applicant, Doug
Peters, declared the parcel where the building now existed was already in the City and the
parking lot was not, so in order for the redevelopment to occur, the parcel had to be brought
into the City, The land use being proposed was the LRC land use that was consistent with what
the County land use of CH, The proposed zoning, C3, was consistent with the CG zoning
presently in place under the County designation.
Mr. Myott asked if the site plan that was in process included another parcel, and Mr. Miller
responded it did. The parcel seemed very small to Mr. Myott and he asked if, when added to
the other parcel, the site would meet the criteria for a lot area in a commercial C-3 zoned site.
Mr. Miller noted a different agent was processing the site plan, but he thought there might be
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
some legal nonconformities involved with the building situation, Ms, Zeitler responded the
required minimum square footage would be 15,000 square feet and she did not think the
proposed site plan would meet it. If a variance were to be required, it would come before the
board along with the site plan. Mr. Myott inquired whether there was other land to the south
that could be attached to it to make it conforming, either in the City or the County.
Ms, Zeitler explained the existing building was on Lot 9 and a portion of Lot 10 and was in the
City already. Lot 8 (the parking lot) was the property to be annexed. It appeared to Ms,
Horenburger that the property had been annexed into the City without the parking lot, and Ms.
Zeitler agreed. Ms, Horenburger believed the annexation, site plan, land use amendment and
rezoning should have come to the board at one time, they way they usually did. Ms. Zeitler
responded this was because the site plan was under the control of a different agent and Mr.
Miller's request was completed first,
Ms, Zeitler displayed a copy of a site plan that was under review. It included the building and a
proposed canopy extending from the front of the building where there would be outdoor
seating on a limited basis, The seating was limited due to the small amount of parking.
Ms, Horenburger inquired how far the canopy would be from the adjacent residential uses. Ms.
Zeitler responded the site plan did not show the dimensions, but she estimated the canopy was
approximately twenty feet from the residential.
Mr. Norem agreed with Ms. Horenburger's desire to hear the projects in their entirety, but he
felt there was no reason to deny annexation into the City in the absence of a site plan, since
the site plan still had to be presented for approval. If they were annexed and failed on the site
plan or a variance, it was still in the City as a source of tax revenues.
Ms, Heavi/in did not see any reason to hold off on the annexation of the subject property. Mr,
Myott felt the annexation made the likelihood of a site plan working more likely since the lots
would be joined to each other, It also cleaned up the County pockets, a Comprehensive Plan
goal. Mr. Norem remarked this was what the City had wanted to happen in this area for years.
Ms, Horenburger asked Mr. Spillias if the board would be granting anything by annexing the
property in relation to the business that wanted to establish itself on this property. Mr. Spillias
responded the board was being asked to do two things: 1) annexation, and 2) a land use and
zoning change that would make it consistent with the City's zoning regulations. Beyond that,
the present use could continue if they chose to continue. If they chose to come through with a
new site plan, consideration would be given at that time. The board's annexation decision
should be based only on annexation principles. The land use and zoning decision should be
made only on zoning. The site plan was no consideration at all for the board's decision,
Ms, Zeitler remarked the only thing that was triggering a new site plan in this case was a
change of use. If it remained retail and a new business went in as a retail use, it would not
have a change of use and would not require a site plan to be approved.
Rev. Chaney confirmed with Attorney Spillias the action of the board would be to recommend
annexation to the City Commission,
4
Meeting Minutes
Community Redevelopment Agency
~oynton Beach, Florida _ __ ______
September 12, 2006
Vice Chair Norem opened the floor for public comment, reminding the speakers of the three-
minute limitation on speaking,
Tamara Lane, 3216 Palm Drive, Boynton Beach, resident of the Tradewinds subdivision
adjoining the subject property, spoke against the annexation, Her property was behind what
was being called the "parking lot." She clarified that it had never been a parking lot until
Hurricane Wilma, The property owner took that opportunity to take down a huge banyan tree
on that property, wiping out a whole eco system and paving the area quickly. Since it was in
the County, there had been no permits, She showed the board some pictures to illustrate her
point and those pictures were made a part of the record, The parking lot pavement abuts her
property and her neighbor's property, Their fence line was about three feet away from the
paved area. There was no drainage. The parking lot was done in a shoddy manner. The
annexation was up to the City, but they needed to have engineers take a close look at it. There
was no easement. Right out front was where the children waited for the bus, It was a busy
corner, After 9-11, no one came in that lot because the owner had it chained up and the fence
was there. It had always been chain linked and closed. It had never been a parking lot. The
City had been given false information and would be approving something on false information,
She questioned the integrity of the developer because of this. In the aerial photographs Ms,
Lane provided to the board, it could be seen that prior to Hurricane Wilma, there was no paved
parking lot at this location.
Mr. Norem responded Ms, Lane would have to inquire about the permit situation with the
County Zoning Department, since it was currently in their jurisdiction. The board was
considering the annexation of the land itself and a site plan would still have to come forward for
approval. What was there now may not necessarily be allowed to remain. If they wanted that to
be a parking lot in conjunction with what they had on the other property, they would have to
meet all kinds of landscaping, setback, and other requirements.
Patricia Kahlert, another Tradewinds resident, spoke in opposition to the annexation and
proposed bagel restaurant, She provided the board with a box of donuts and a bag of bagels
from the Dunkin Donuts shop across the street from the subject property, She felt having a
bagel shop across the street from Dunkin Donuts would be redundant. Dunkin Donuts was
open from S:30 a.m, to 9:00 p.m. and they did not have enough business to stay open past
9:00 p,m. She felt a bagel restaurant would not thrive at the proposed location and would be
quickly replaced with another business, She was also concerned about the devaluation of the
residential properties abutting the subject property if this site had a takeout restaurant on it.
Ms. Kahlert owned three SO-foot lots adjacent to the subject property, She referred to an
appraiser from Callaway and Price who was appraising her property. He advised it would make
a big difference if the adjacent property were "retail or takeout." Ms, Kahlert was a neighbor
of Ms. Lane to the south and she echoed everything she had said, She referred to a small
business on Federal Highway called Ralph and Rosie's that stayed open late, She knew the City
had good intentions, but wondered how the City could have ever allowed a business like the
bar/nightclub across the street from subject property to be placed in a mall, which she had
watched die since that had taken place.
Mr. Miller confirmed for Mr. Myott that the ownership was the same for both sites. Mr, Miller
noted that by annexing the property, the City would have more control over what happened on
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
it and it would be subject to the City's Code of Ordinance requirements. The City had no control
over it at present.
Mr, Sims agreed it would be better to have this property under the control of the City, He
appreciated and understood the remarks of the two residents who spoke, The parking lot
situation did make him wonder and he thought that should be investigated.
Ms. Heavilin also appreciated the feelings of the residents who spoke. She asked staff what
would be allowed under C-3 that would not be allowed presently, Ms, Zeitler responded if it
were to remain in the County, it could be residential or it could be high commercial, which
would allow more intensive uses to locate there. The general commercial zoning on the
property now was consistent with the City's local retail commercial zoning district, Conditional
uses were also possibilities, Mr, Miller added that under the County zoning, a cocktail lounge
would be a permitted use but it would not under the proposed zoning change.
Ms, Zeitler noted it was the applicant's intention to bring the property up to Code as much as
possible. There would be a six-foot buffer wall and landscaping on the east property line to
buffer the adjacent residential and bring it up to as many of the Code provisions as possible.
Mr. Norem asked how many stories would be entailed with the project and Ms. Zeitler
responded the C-3 district allowed for heights of 4S feet. Mr, Miller declared the building would
remain as a one-story building. Ms, Zeitler noted they were working with the agent who was
bringing the site plan forward to make some architectural improvements to the building,
including painting and sprucing up in general.
Ms. Horenburger inquired whether another zoning category might actually fit the proposed use.
Ms. Zeitler responded C-3 most closely fit the zoning the property now had in the County, C-2
was neighborhood commercial but that was not typically found on Federal Highway, and C-3,
community commercial, was more common. It could not go in C-1 since that was an office
district, Ms, Horenburger asked if restaurants and outdoor dining would be allowed in C-3 or if
they were conditional uses. Ms. Zeitler was not certain. Ms. Horenburger felt there were some
unanswered questions and she wanted to see it come back to the board when the questions
were answered.
Mr, Miller stated that in the C-2 zoning district, restaurants were permitted uses and the
minimum square footage was 5K square feet. Ms. Horenburger inquired whether a restaurant
would be a conditional use in C-3. Mr, Miller stated the Code talked about sidewalk cafes within
the CRA area as an accessory use, Ms, Zeitler said a restaurant would be a conditional use in a
C - 3 district.
Mr, Myott remarked C-2 was frequently adjacent to residential uses. Ms. Horenburger asked
why it would be problematic for the applicant to go to C-2. The Proposed use might be more
suited to C-2. Ms, Zeitler responded the adjacent parcel was already zoned C-3, so it made
sense to have the same zoning; otherwise, they would have to bring in the other parcel and
rezone it as well. If it were to function as one site, it had to be zoned the same. Ms,
Horenburger did not understand why the board was not being asked to rezone this to C-2, since
it did not fit in the C-3 zoning category. It would require a variance.
6
Meeting Minutes
Community Redevelopment Agency
~.oynton Beach, Florida _ _ _ _ __ _ _ -
September 12, 2006
Mike Rumpf, Planning & Zoning Director, stated although there had been quite a lot of
transition along this portion of the corridor to residential, the predominant land use had been
retail/commercial, and C-3 specifically. Even though it did not seem to fit that parcel, there
were a lot of parcels in the area that were smaller and perhaps non-conforming, As far as use
and the predominant zoning district in the area, it was more C-3, It was correct that it was seen
more often in neighborhood areas, and not on the major corridors, There was not a perfect fit.
Motion
Mr. Myott moved to approve the request to annex the subject property. Ms, Heavilin seconded
the motion that passed S-l, Ms, Horenburger dissenting.
Motion
Mr. Myott moved to approve the request to rezone the subject property from General
Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton
Beach. Mr. Sims seconded the motion.
Mr. Spillias noted it would also include the Land Use Map,
Mr. Myott changed his motion to approve the request to amend the Comprehensive Plan Future
Land Use Map from Commercial High with underlying Medium Density Residential of S du/ac
(CH/S) (Palm Beach County to Local Retail Commercial (LRC) and to approve the request to
rezone the subject property from General Commercial (CG) (Palm Beach County) to Community
Commercial (C-3) in the City of Boynton Beach. Mr, Sims agreed to the addition to the motion,
Pat Kahlert asked to speak again, Mr. Norem advised her the public hearing portion of this item
had been closed, When asked again to allow comment, Mr, Norem deferred to the Board
Attorney. Mr. Spillias indicated it was up to the board whether they wished to reopen the public
hearing. At the beginning of the discussion, he believed it was mentioned the item was being
handled jointly.
With a request from Ms, Heavilin not to allow comments that had already been covered, and
with the board's consensus, Mr. Norem reopened the public comment portion of this item.
Craig Ritchie, 3910 Palm Drive, Boynton Beach, resided right behind the proposed project
and was concerned about the noise from food prepping in the early morning hours, emptying of
the dumpster, and the possibility of rats near the residences from the dumpster. The proposed
project would only be about ten feet from the property line of the residences,
Hans Kahlert, 3210 Palm Drive, Boynton Beach, was concerned about lighting levels and
hours of operation. Although he did not want to undermine his neighbors, the redevelopment of
the area was important and there could be far worse uses for the property such as a bar. If it
were approved, he hoped the board would require limited hours of operation from 7:00 a.m.
through 3:00 p.m. A six-foot wall might not be high enough to buffer the residences from the
site lighting. Also, there was not much room for landscaping. The awning extending from the
southern portion of the building would be extremely close to their property line. He owned a
restaurant at one time and hoped the board would be sensitive to such matters when
considering the project. He also hoped they would consider some architectural upgrades to the
building.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
Ms. Horenburger suggested Mr. Kahlert meet with the agent for the site plan,
Mr. Norem closed the floor to further public comment.
The motion passed 6-0.
C. New Site Plan
1.
Project:
Agent:
Owner:
Baywalk (NWSP 06-017)
Carlos Ballbe, P,A.
Southern Homes of Palm Beach V,
lLC
West side of Federal Highway, north
of Miller Road
Request for new site plan approval
for 40 townhouse units on a 2.26-
acre parcel in an IPUD zoning
district.
Location:
Description:
Kathleen Zeitler, Planner, presented the staff report, This project had previously received
approval for a land use amendment from LRC to SHDR in 2004. It was also rezoned at that time
from C-3 to Intill PUD. Site Plan approval was received in 2004 for the Oceanside project.
However, that site plan expired and the applicant was presenting a new site plan for a slightly
different project. It had previously been approved for 45 townhomes and it now proposed 40
town homes for a lesser density of 17,7 du/acre. Currently, the property had a modular sales
office and a billboard on it. That would all be removed.
The site plan showed one entrance from Federal Highway with some drives off to the side, and
a road going through the center with a roundabout at the end. The proposed project would
have condominium style ownership, The roads would be private, The landscape areas, roads,
parking spaces and driveways would all be common area except for the units themselves, which
would be owned individually. Twenty-four of the forty units would have one-car garages and
the remaining units would have spaces located throughout the development in front of the
units. Also included was a recreation area with a community pool and pool house, with its own
parking. Perimeter landscape buffers ten feet in width were proposed along the north, south,
and west property lines. There would be a six-foot masonry wall along the north, west, and
south property lines. There would be a metal fence with individual gates leading out from the
Federal Highway frontage.
Chair T71lman arrived at 7:25p.m.
The smallest unit, Unit A, would have 1,189 square feet under air. The largest unit was Model D
with 1,688 square feet under air. All the buildings would be two stories and range in height
from 24 feet to 28 feet, four inches. The open space requirement was 200 sq, ft, per unit and
that was met and exceeded with the open space area provided.
8
Cf(........~
.' ~ . ~
. . :.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.3
Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office
Requested City Commission
Meetine Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 August 1, 2006
0 August 15, 2006
0 September 6, 2006
0 September 19, 2006
July 17, 2006 (Noon.) 0 October 3, 2006
July 31,2006 (Noon) ~ October 17, 2006
August 14,2006 (Noon) 0 November 8, 2006
September 5, 2006 (Noon) 0 November 21, 2006
September 18, 2006 (Noon~
c:>
October 2,2006 (Noon:L;
I
October 16, 2006 (Noonf-
',-')
'.:)~
:--=;-<
-::0
1-"1
"CD
'j-~
1.;:-0
'7'
'-.)
.-<
_~:J i?
'J
-"CO
.~l"11
':;"1)::::,.
2
~
November 6, 2006 (Noon)
6
NATURE OF
AGENDA ITEM
o
o Administrative
o
o
o
City Manager's Report
,~...)
AnnouncementsIPresentations
o
o New Business
[2J
o
o
Legal
Unfinished Business
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
RECOMMENDATION: Please place this request on the October 17, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this item under Public Hearing and Legal. Ordinance _
First Reading on October 3, 2006. For further details pertaining to the request, see attached Department Memorandum No.
06-141.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boynton Bagels (LUAR 06-020)
Bradley Miller, Miller Land Planning Consultants
Peters 3377 N. Federal Highway LLC
3377 North Federal Highway (eastside of Federal Highway, south of Turner Road)
Request to rezone from General Cormnercial (CG) (Palm Beach County) to Cormnunity
Cormnercial (C-3).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
.w
City Manager's Signature
~
Develop
~ ~ ~ Assistant to City Manager
"'. Planning and Zoning ;~or City Attorney / Finance
S:\Planmng\SHARED\WP\PROJECTS\Boynton Bagels\LUAR\Agenda Item Request Boynton Bagels LUAR 06-020 LegaI1O-17-06.dot
(jnL-
S,\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- 083
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, :FLORIDA, REGARDING THE
5 APPLICATION OF DOUG PETERS, AMENDING
6 ORDINANCE 02-013 TO REZONE A PARCEL OF
7 LAND LOCATED AT 3377 NORTH FEDERAL
8 HIGHWAY, SOUTH OF TURNER ROAD ON THE
9 EAST SIDE OF FEDERAL HIGHWAY, AS MORE
10 FULL Y DESCRIBED HEREIN, FROM GC
11 GENERAL COMMERCIAL (PALM BEACH
12 COUNTY) TO COMMUNITY COMMERCIAL (C-
13 3); PROVIDING FOR CONFLICTS,
14 SEVERABIUTY, AND AN EFFECTIVE DATE
15
16 WHEREAS, thc City Commission of thc City of Boynton Beach, Florida has
17 adopted Ordinance No. 02-013, in which a Rcvised Zoning Map was adopted for said City;
18 and
19 WHEREAS, Peters 3377 N. Federal Highway, LLC., owner ofthe property located at
20 3377 North Federal Highway, south of Turncr Road on the East side of Federal Highway in
21 Boynton Beach, Florida, as more particularly dcscribed herein, has filed a Petition, through
22 its agcnt, Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of
23 Appendix A-Zoning, of thc Code of Ordinances, City of Boynton Beach, Florida, for the
24 purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
25 GC General Commercial (Palm Beach County) 10 Community Commercial (C-3); and
26 WHEREAS, the City Commission conducted a public hearing and heard testimony
27 and received evidence which the Commission finds supports a rezoning for the property
28 hereinafter described; and
29 WHEREAS, the City Commission finds that the proposed rczoning is consistcnt with
30 an amendment to the Land Use which was contcmporaneously considered and approved at
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton BagcLdoc
1 the public hearing heretofore referenced; and
2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section I.
The foregoing Whereas clauses are true and correct and incorporated
7 herein by this reference.
8
Section 2.
The following described land located at 3377 North Federal Highway,
9 south of Turner Road on the East side of Federal Highway in the City of Boynton Beach,
10 Florida, as set forth as follows:
11
12 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-
13 WAY, KINGS SUBDIVISION ACCORDING TO THE PLAT
14 THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 47, OF THE
15 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
16
17 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR
18 LESS
19
20 Subject to easements, restrictions, reservations, covenants and
21 rights-of-way of record.
22
23 be and the same is hereby rezoned from GC General Commercial (Palm Beach County) to
24 Community Commercial (C-3). A location map is attached hereto as Exhibit "A" and made a
25 part of this Ordinance by reference.
26 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
27 accordingly.
28 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
29 repealed.
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton Bagel.doc
1 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6. This ordinance shall become effective immediately upon passage.
5 FIRST READING this ~ day of OCTOBER ,2006.
6
SECOND, FINAL READING and PASSAGE this
day of
,2006.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 ATTEST:
23
24
25 City Clerk
26
27 (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 \Ordinanccs\Planning\Rezoning\Rezoning - Boynton Bagel-doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant; Agent:
location:
Parcel Size:
Existing land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 06-141
Chair and Members
Community Redevelopment Agency Board and City Commission
Kathleen Zeitler J!2
Planner
~r
Michael W. Rumpf .
Director of Planning and Zoning
September S, 2006
Boynton Bagels /(ANEX 06-007) (LUAR 06-020)
To annex a 3,342 square foot (0.08-acre) parcel, to reclassify its
land use to Local Retail Commercial (LRC), and rezone to
Community Commerdal (C-3).
PROJECT DESCRIPTION
Peters 3377 N. Federal Highway, LLC
Doug Peters / Bradley Miller, Miller Land Planning Consultants Inc.
3377 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "A" - Location Map)
3,342 square feet (0.08 acre)
CHIS Commercial High/with underlying Medium Density
Residential of S du/ac (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
Community Commercial (C-3)
Parking lot currently accessory to an adjacent parcel in the Qty
fonner1y occupied by All Rags bike sales/repairs. Proposed use Is
Boynton Bagels takeout restaurant. Subject property to remain as
parking lot. A site plan application has been filed and Is currently
under review.
Boynton Bagels
ANEX 06-007 and LUAR 06-020
Adjacent Uses:
North:
South:
Developed commercial property with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3)
(formerly All Flags bike sales/repair, proposed is Boynton Bagels
takeout restaurant);
Developed commercial property classified as Palm Beach County
Commercial High Intensity (CH/S) land use and zoned Palm Beach
County General Commercial (CG);
East:
Developed single-family residential subdivision (Tradewinds)
classified as Palm Beach County Medium Density Residential (MR-
S) land use and zoned Palm Beach County Single-Family
Residential (RS)
West:
Right-of-way for Federal Highway, then farther west is property
designated Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 townhomes
(forthcoming Gulfstream Gardens II project); and to the
northwest, developed commercial property classified as Palm
Beach County Commercial High Intensity (CH/S) land use and
zoned Palm Beach County General Commercial (CG);
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the aty's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3, The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present; and,
4. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation / land use amendment /
rezoning were mailed a notice of this request and Its respective hearing dates, The applicant
certifies that they posted slgnage and mailed notices in accordance with Ordinance No. 04-007,
~ ~
Boynton Bagels
ANEX 06-007 and WAR 06-020
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 3,342 square feet or 0.08 acre. Because of the size of the property under
consideration, the Florida Department of Community Affairs classifies this amendment as a
"small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the
Florida Department of Community Affairs, and is not reviewed for compliance with the state,
regional and local comprehensive plans prior to adoption.
The proposed land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation (ANEX 06-007), The subject property's current land
use classification is Commercial High with underlying Medium Density Residential of five (S)
dwelling units per acre (Palm Beach County CHIS). The applicant is requesting to annex into
the City to utilize the Local Retail Commercial (LRC) land use classification and the Community
Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's
equivalent to the County's CHIS land use classification, in terms of the allowable uses and
respective intensities. Therefore, the requested land use amendment I rezoning application
would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations,
Since this is the case, the request is relatively straightforward and would not require an
evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as
outlined in Chapter 2, Section 9,C.7 of the Land Development Regulations. Instead, staff
analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the
city's annexation program, and service capability.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8,10.4, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or In the
proximity to, corporate limits, prior to annexation of any parcels into the Oty,
Basically, this Policy requires the establishment of an annexation program, promotes orderly
annexation, and prohibits the creation of new enclaves. The annexation of the subject property
will further the efforts of the annexation program through reduction in the number of enclave
properties, State annexation law allows the annexation of enclaves that are less than 10 acres
through an inter-local agreement with the County without the consent of the property owners.
Currently, objectives of the annexation program include annexing all enclaves less than 10
acres, and to incrementally annex enclave properties with the intent to reducing them below
the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation,
ExiSting land uses along the U,S. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently In the Oty, and for those which will be annexed.
The subject property lies within Planning Area V of the Federal Highway Corridor Community
Redevelopment Plan. Area V contains a mix of land uses, Including commercial uses on smail
-
Boynton Bagels
ANEX 06-007 and LUAR 06-020
parcels, Although residential uses are encouraged along Federal Highway through
redevelopment, the subject property is insufficient in size to support a residential project,
In connection with previous annexation studies, city departments most affected by annexations
(e,g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3, Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed
the project and determined that it meets Traffic Performance Standards of Palm Beach County,
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, a takeout restaurant, it has been
determined that services allocated to, or existing within the area are adequate to provide the
project with a necessary level of service.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City, Therefore, staff recommends that the subject
request be approved, If conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "C" - Conditions of Approval.
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Project name: Boynton Bagels
File number: ANEX 06-007, LUAR 06-020
EXHIBIT "C"
Conditions of Approval
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: NONE X
ANEX 06-007, LUAR 06-020
CONDITIONS OF APPROVAl
PAGE 2
.
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
>--------- ~ - - - ----....---....-.--.. _.----- --- --
Commenls: To be determined.
- - - ~
S :\Planning\SHARED\ WP\P ROJE CTS\Boynton Bagels\LUAR\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
VI. Consent Agenda
A. Approval of the Minutes Savage Creatures Workshop - June 22, 2006
B, Approval of the Minutes MLK Corridor RFP Meeting - June 22, 2006
C. Approval of the Minutes CRA Board Meeting - August 8, 2006
D. Approval of the Minutes CRA Budget Meeting - August 24, 2006
E. Approval of the Monthly Financial Results - September 30, 2006
F. Approval of FY 06/07 Budget Amendment
G. Approval of Events - 41h Quarter Schedule
Ms, Heavilin pulled item VI-C. Mr. Myott pulled item VI-G.
Motion
Ms, Horenburger moved to approve the Consent Agenda as amended. Mr. Myott seconded the
motion that passed 6-0,
VII. Public Hearing
Attorney Spillias explained the quasi-judicial hearing procedure and swore in all who planned to
appear as witnesses during this meeting. Attorney Spillias then asked the Board members to
disclose any ex-parte communications they might have had with anyone other than staff
regarding any of the matters on the Public Hearing agenda. Ms. Horenburger had spoken with
Herb Kahlert, a resident, and his son, Hans Kahlert, on the Boynton Bagels project, VII-A & B.
Mr, Norem had spoken with Hans Kahlert on the same items.
Old Business:
None
New Business:
A. Annexation
1.
Project:
Agent:
Boynton Bagels (ANEX 06-007)
Bradley Miller, Miller Land Planning
Consultants
Peters 3377 N. Federal Highway LLC
3377 North Federal Highway (east
side of Federal Highway, south of
Turner Road)
Request to annex subject property
Owner:
Location:
Description:
B. Land Use Plan AmendmenURezoning
2.
Project:
Agent:
Boynton Bagels (LUAR 06-020)
Bradley Miller, Miller Land Planning
Consultants
Peters 3377 N, Federal Highway LLC
Owner:
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
Description:
3377 North Federal Highway (east
side of Federal Highway, south of
Turner Road)
Request to amend the
Comprehensive Plan Future Land
Use Map from Commercial High with
underlying Medium Density
Residential of S dulac (CHIS) (Palm
Beach County) to Local Retail
Commercial (LRC);
Location:
and
Request to rezone from General
Commercial (CG) (Palm Beach
County) to Community Commercial
(C-3),
Kathleen Zeitler, Planner, presented for staff, stating her intent to present the Annexation and
Land Use Plan Amendment and Rezoning concurrently,
The property is small with only 3,342 square feet. The site is a parking lot for a parcel formerly
occupied by All Flags bike sales and repairs. The proposed use for this project is a Boynton
Bagels takeout restaurant. The subject property would remain as a parking lot. A site plan
application had been filed and was currently under review by staff.
Ms. Zeitler displayed a depiction of the subject property, a parking lot. The remaining property
for the proposed restaurant was already in the City.
Staff reviewed the annexation and land use amendment and rezoning and found them to be
consistent with the objectives of the City and with the current designations in the
unincorporated area of the County. Staff found the project would not create additional impacts
on infrastructure that could not be accommodated by the City, and the requested change would
help further provide economic contribution as well as make a non-conforming situation less
non-conforming, Staff recommended approval of the annexation, land use and rezoning of the
parcel.
Bradley Miller, Miller Land Planning Consultants, agent for the applicant, Doug
Peters, declared the parcel where the building now existed was already in the City and the
parking lot was not, so in order for the redevelopment to occur, the parcel had to be brought
into the City. The land use being proposed was the LRC land use that was consistent with what
the County land use of CH. The proposed zoning, C3, was consistent with the CG zoning
presently in place under the County designation,
Mr. Myott asked if the site plan that was in process included another parcel, and Mr. Miller
responded it did, The parcel seemed very small to Mr. Myott and he asked if, when added to
the other parcel, the site would meet the criteria for a lot area in a commercial C-3 zoned site.
Mr. Miller noted a different agent was processing the site plan, but he thought there might be
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
some legal nonconformities involved with the building situation. Ms. Zeitler responded the
required minimum square footage would be 1S,000 square feet and she did not think the
proposed site plan would meet it. If a variance were to be required, it would come before the
board along with the site plan. Mr. Myott inquired whether there was other land to the south
that could be attached to it to make it conforming, either in the City or the County,
Ms, Zeitler explained the existing building was on Lot 9 and a portion of Lot 10 and was in the
City already. Lot 8 (the parking lot) was the property to be annexed. It appeared to Ms.
Horenburger that the property had been annexed into the City without the parking lot, and Ms.
Zeitler agreed, Ms. Horenburger believed the annexation, site plan, land use amendment and
rezoning should have come to the board at one time, they way they usually did. Ms. Zeitler
responded this was because the site plan was under the control of a different agent and Mr.
Miller's request was completed first.
Ms. Zeitler displayed a copy of a site plan that was under review, It included the building and a
proposed canopy extending from the front of the building where there would be outdoor
seating on a limited basis. The seating was limited due to the small amount of parking.
Ms. Horenburger inquired how far the canopy would be from the adjacent residential uses, Ms.
Zeitler responded the site plan did not show the dimensions, but she estimated the canopy was
approximately twenty feet from the residential.
Mr, Norem agreed with Ms, Horenburger's desire to hear the projects in their entirety, but he
felt there was no reason to deny annexation into the City in the absence of a site plan, since
the site plan still had to be presented for approval. If they were annexed and failed on the site
plan or a variance, it was still in the City as a source of tax revenues.
Ms, Heavilin did not see any reason to hold off on the annexation of the subject property. Mr.
Myott felt the annexation made the likelihood of a site plan working more likely since the lots
would be joined to each other. It also cleaned up the County pockets, a Comprehensive Plan
goal. Mr, Norem remarked this was what the City had wanted to happen in this area for years.
Ms, Horenburger asked Mr. Spillias if the board would be granting anything by annexing the
property in relation to the business that wanted to establish itself on this property. Mr. Spill/as
responded the board was being asked to do two things: 1) annexation, and 2) a land use and
zoning change that would make it consistent with the City's zoning regulations. Beyond that,
the present use could continue if they chose to continue. If they chose to come through with a
new site plan, consideration would be given at that time. The board's annexation dedsion
should be based only on annexation principles. The land use and zoning decision should be
made only on zoning. The site plan was no consideration at all for the board's decision.
Ms, Zeitler remarked the only thing that was triggering a new site plan in this case was a
change of use. If it remained retail and a new business went in as a retail use, it would not
have a change of use and would not require a site plan to be approved.
Rev. Chaney confirmed with Attorney Spillias the action of the board would be to recommend
annexation to the City Commission.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida __ _____
September 12, 2006
Vice Chair Norem opened the floor for public comment, reminding the speakers of the three-
minute limitation on speaking.
Tamara Lane, 3216 Palm Drive, Boynton Beach, resident of the Tradewinds subdivision
adjoining the subject property, spoke against the annexation, Her property was behind what
was being called the "parking lot," She clarified that it had never been a parking lot until
Hurricane Wilma. The property owner took that opportunity to take down a huge banyan tree
on that property, wiping out a whole eco system and paving the area quickly. Since it was in
the County, there had been no permits, She showed the board some pictures to illustrate her
point and those pictures were made a part of the record. The parking lot pavement abuts her
property and her neighbor's property. Their fence line was about three feet away from the
paved area, There was no drainage, The parking lot was done in a shoddy manner. The
annexation was up to the City, but they needed to have engineers take a close look at it. There
was no easement. Right out front was where the children waited for the bus, It was a busy
corner, After 9-11, no one came in that lot because the owner had it chained up and the fence
was there. It had always been chain linked and closed, It had never been a parking lot, The
City had been given false information and would be approving something on false information,
She questioned the integrity of the developer because of this, In the aerial photographs Ms.
Lane provided to the board, it could be seen that prior to Hurricane Wilma, there was no paved
parking lot at this location,
Mr. Norem responded Ms. Lane would have to inquire about the permit situation with the
County Zoning Department, since it was currently in their jurisdiction. The board was
considering the annexation of the land itself and a site plan would still have to come forward for
approval. What was there now may not necessarily be allowed to remain. If they wanted that to
be a parking lot in conjunction with what they had on the other property, they would have to
meet all kinds of landscaping, setback, and other requirements,
Patricia Kahlert, another Tradewinds resident, spoke in opposition to the annexation and
proposed bagel restaurant, She provided the board with a box of donuts and a bag of bagels
from the Dunkin Donuts shop across the street from the subject property, She felt having a
bagel shop across the street from Dunkin Donuts would be redundant. Dunkin Donuts was
open from S:30 a.m. to 9:00 p.m, and they did not have enough business to stay open past
9:00 p,m, She felt a bagel restaurant would not thrive at the proposed location and would be
quickly replaced with another business. She was also concerned about the devaluation of the
residential properties abutting the subject property if this site had a takeout restaurant on it.
Ms. Kahlert owned three SO-foot lots adjacent to the subject property, She referred to an
appraiser from Callaway and Price who was appraising her property, He advised it would make
a big difference if the adjacent property were "retail or takeout." Ms. Kahlert was a neighbor
of Ms. Lane to the south and she echoed everything she had said. She referred to a small
business on Federal Highway called Ralph and Rosie's that stayed open late. She knew the City
had good intentions, but wondered how the City could have ever allowed a business like the
bar/nightclub across the street from subject property to be placed in a mall, which she had
watched die since that had taken place.
Mr. Miller confirmed for Mr, Myott that the ownership was the same for both sites, Mr. Miller
noted that by annexing the property, the City would have more control over what happened on
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
it and it would be subject to the City's Code of Ordinance requirements, The City had no control
over it at present,
Mr. Sims agreed it would be better to have this property under the control of the City. He
appreciated and understood the remarks of the two residents who spoke. The parking lot
situation did make him wonder and he thought that should be investigated,
Ms. Heavilin also appreciated the feelings of the residents who spoke, She asked staff what
would be allowed under C-3 that would not be allowed presently. Ms. Zeitler responded if it
were to remain in the County, it could be residential or it could be high commercial, which
would allow more intensive uses to locate there, The general commercial zoning on the
property now was consistent with the City's local retail commercial zoning district. Conditional
uses were also possibilities. Mr, Miller added that under the County zoning, a cocktail lounge
would be a permitted use but it would not under the proposed zoning change,
Ms, Zeitler noted it was the applicant's intention to bring the property up to Code as much as
possible. There would be a six-foot buffer wall and landscaping on the east property line to
buffer the adjacent residential and bring it up to as many of the Code provisions as possible.
Mr. Norem asked how many stories would be entailed with the project and Ms. Zeitler
responded the C-3 district allowed for heights of 4S feet. Mr. Miller declared the building would
remain as a one-story building. Ms, Zeitler noted they were working with the agent who was
bringing the site plan forward to make some architectural improvements to the building,
including painting and sprucing up in general.
Ms. Horenburger inquired whether another zoning category might actually fit the proposed use.
Ms. Zeitler responded C-3 most closely fit the zoning the property now had in the County. C-2
was neighborhood commercial but that was not typically found on Federal Highway, and C-3,
community commercial, was more common, It could not go in C-1 since that was an office
district. Ms, Horenburger asked if restaurants and outdoor dining would be allowed in C-3 or if
they were conditional uses. Ms. Zeitler was not certain. Ms. Horenburger felt there were some
unanswered questions and she wanted to see it come back to the board when the questions
were answered.
Mr. Miller stated that in the C-2 zoning district, restaurants were permitted uses and the
minimum square footage was SK square feet. Ms. Horenburger inquired whether a restaurant
would be a conditional use in C-3. Mr, Miller stated the Code talked about sidewalk cafes within
the CRA area as an accessory use. Ms. Zeitler said a restaurant would be a conditional use in a
C - 3 district.
Mr. Myott remarked C-2 was frequently adjacent to residential uses, Ms. Horenburger asked
why it would be problematic for the applicant to go to C-2. The proposed use might be more
suited to C-2. Ms. Zeitler responded the adjacent parcel was already zoned C-3, so it made
sense to have the same zoning; otherwise, they would have to bring in the other parcel and
rezone it as well, If it were to function as one site, it had to be zoned the same. Ms.
Horenburger did not understand why the board was not being asked to rezone this to C-2, since
it did not fit in the C-3 zoning category. It would require a variance.
6
Meeting Minutes
Community Redevelopment Agency
~oynton Beach, Florida
September 12, 2006
Mike Rumpf, Planning & Zoning Director, stated although there had been quite a lot of
transition along this portion of the corridor to residential, the predominant land use had been
retail/commercial, and C-3 specifically. Even though it did not seem to fit that parcel, there
were a lot of parcels in the area that were smaller and perhaps non-conforming. As far as use
and the predominant zoning district in the area, it was more C-3. It was correct that it was seen
more often in neighborhood areas, and not on the major corridors. There was not a perfect fit.
Motion
Mr. Myott moved to approve the request to annex the subject property. Ms. Heavilin seconded
the motion that passed S-l, Ms. Horenburger dissenting.
Motion
Mr. Myott moved to approve the request to rezone the subject property from General
Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton
Beach. Mr. Sims seconded the motion.
Mr. Spillias noted it would also include the Land Use Map.
Mr, Myott changed his motion to approve the request to amend the Comprehensive Plan Future
Land Use Map from Commercial High with underlying Medium Density Residential of S du/ac
(CH/S) (Palm Beach County to Local Retail Commercial (LRC) and to approve the request to
rezone the subject property from General Commercial (CG) (Palm Beach County) to Community
Commercial (C-3) in the City of Boynton Beach, Mr. Sims agreed to the addition to the motion,
Pat Kahlert asked to speak again. Mr. Norem advised her the public hearing portion of this item
had been closed. When asked again to allow comment, Mr. Norem deferred to the Board
Attorney. Mr. Spillias indicated it was up to the board whether they wished to reopen the public
hearing. At the beginning of the discussion, he believed it was mentioned the item was being
handled jointly.
With a request from Ms. Heavilin not to allow comments that had already been covered, and
with the board's consensus, Mr, Norem reopened the public comment portion of this item.
Craig Ritchie, 3910 Palm Drive, Boynton Beach, resided right behind the proposed project
and was concerned about the noise from food prepping in the early morning hours, emptying of
the dumpster, and the possibility of rats near the residences from the dumpster. The proposed
project would only be about ten feet from the property line of the residences,
Hans Kahlert, 3210 Palm Drive, Boynton Beach, was concerned about lighting levels and
hours of operation. Although he did not want to undermine his neighbors, the redevelopment of
the area was important and there could be far worse uses for the property such as a bar, If it
were approved, he hoped the board would require limited hours of operation from 7:00 a,m.
through 3:00 p.m. A six-foot wall might not be high enough to buffer the residences from the
site lighting. Also, there was not much room for landscaping. The awning extending from the
southern portion of the building would be extremely close to their property line, He owned a
restaurant at one time and hoped the board would be sensitive to such matters when
considering the project. He also hoped they would consider some architectural upgrades to the
building,
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 12, 2006
Ms. Horenburger suggested Mr. Kahlert meet with the agent for the site plan.
Mr. Norem closed the floor to further public comment.
The motion passed 6-0.
C. New Site Plan
1.
Project:
Agent:
Owner:
Baywalk (NWSP 06-017)
Carlos Ballbe, P,A,
Southern Homes of Palm Beach V,
LLC
West side of Federal Highway, north
of Miller Road
Request for new site plan approval
for 40 townhouse units on a 2,26-
acre parcel in an IPUD zoning
district.
Location:
Description:
Kathleen Zeitler, Planner, presented the staff report. This project had previously received
approval for a land use amendment from LRC to SHDR in 2004. It was also rezoned at that time
from C-3 to Infill PUD. Site Plan approval was received in 2004 for the Oceanside project.
However, that site plan expired and the applicant was presenting a new site plan for a slightly
different project. It had previously been approved for 4S town homes and it now proposed 40
town homes for a lesser density of 17.7 dujacre, Currently, the property had a modular sales
office and a billboard on it. That would all be removed,
The site plan showed one entrance from Federal Highway with some drives off to the side, and
a road going through the center with a roundabout at the end. The proposed project would
have condominium style ownership. The roads would be private. The landscape areas, roads,
parking spaces and driveways would all be common area except for the units themselves, which
would be owned individually. Twenty-four of the forty units would have one-car garages and
the remaining units would have spaces located throughout the development in front of the
units, Also included was a recreation area with a community pool and pool house, with its own
parking, Perimeter landscape buffers ten feet in width were proposed along the north, south,
and west property lines. There would be a six-foot masonry wall along the north, west, and
south property lines, There would be a metal fence with individual gates leading out from the
Federal Highway frontage,
Chair Tillman arrived at 7:25 p.m.
The smallest unit, Unit A, would have 1,189 square feet under air. The largest unit was Model D
with 1,688 square feet under air, All the buildings would be two stories and range in height
from 24 feet to 28 feet, four inches, The open space requirement was 200 sq, ft. per unit and
that was met and exceeded with the open space area provided.
8
err
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin2 Dates in to City Clerk's Office Meetimr Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) ~ October 3,2006 September 18, 2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) ~ October 17, 2006 October 2,2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Nouu)
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 0 Consent Agenda ~ Legal (2nd Reading)
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Approve second reading of Ordinance No. _ establishing a policy for naming City facilities
within the City of Boynton Beach, providing for the appointment of a committee to act in an advisory role to the City
Commission on the naming of city facilities.
EXPLANATION: By establishing a policy for naming City facilities, this will ensure that streets, parks, recreational areas
and facilities.are easily identified and located and that the names are consistent with the values and character of the area or
neighborhood served. It will encourage public participation in the naming, renaming and dedication of streets, parks,
recreation areas and facilities, and encourages the dedication oflands, facilities, or donations by individuals and/or groups.
The process to name facilities commences with a recommendation of the City Manager, Mayor or a City Commissioner that a
City Facility be named or renamed. City staff as designated by the City Manager will review the proposal for adherence to the
stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to an
advisory committee of five (5) persons appointed by the City Commission. The advisory committee will review the proposed
naming or renaming and will offer the opportunity for public input on the proposed naming. The advisory committee will
then forward their recommendation to the City Commission for fmal approval.
PROGRAM IMP ACT: This policy will establish a systematic and consistent approach for the official naming of streets,
parks and recreational areas and other public facilities.
FISCAL IMPACT: None
De ent Head's Signature Q~ 'l> ..' Ci anager's Signature
p I;)C;~ Istantto City Manager ~
~M~~ OMCA'-,
D P. ent Name City Attorney / Finance
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, ESTABLISHING A POLICY FOR NAMING
CITY FACILITIES; PROVIDING FOR THE APPOINTMENT
OF A COMMITTEE TO ACT IN AN ADVISORY ROLE TO
THE CITY COMMISSION ON THE NAMING OF CITY
FACILITIES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission has determined that it is advantageous to have a
13
uniform procedure for naming City facilities; and
14
WHEREAS, the City Commission finds that it would be beneficial to have committee
15
designated to evaluate suggestions and proposals for naming of City facilities.
16
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
17
THE CITY OF BOYNTON BEACH, FLORIDA:
18
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Ordinance upon adoption
20 hereof.
21
Section 2.
The following policy is established for naming City parks, recreation
22 facilities, streets, and facilities, buildings and rooms in buildings:
23 Puroose:
24 The purpose of this policy is to establish a systematic and consistent approach for the official
25 naming of streets, parks and recreational areas and other public facilities, buildings and rooms
26 in buildings.
27 Objectives:
28 . Ensure that streets parks, recreational areas and facilities, buildings and rooms in
29 buildings are easily identified and located.
S:ICA IOrdinances\naming public facililies-revised(KB).doc
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. """re ili" gi." ,~~" "=". Pot,. -~0I _. ""iliti~. b>;N"" "'"
rooms in buildings are consistent with the values and character of the area or
neighborhood served.
. Eo,"""" ""bli, P'""'p",~ I, ili, '",",& reo~'"" "'" dOti"ti~ of "=".
parks, recreation areas, facilities, buildings and rooms in bUildings.
. Encourages the dedication of lands, facilities, or donations by individuals and/or
groups.
. EnCourages long tenn monetary SPonsorShip.
Definition:
F"'iliti~ m_ P~'". =ti~ _. ""re". b'ildi,,,. """'" lli b"'Jdlli" ""'"''''''
f~iJiti" o, ""', lli'=f, whi'h ""''''', fo, lli, ",",., ,f <h, ""bJi< ~d lli,,_ .u pro_
~dre ili, CiJy', 'w""""P. -"",b~ o, """'"I ""hi""'. b"""",,,, 'iruct"". """"
spaces, public parks, natural areas, wetlands, environmental habitat and land, or parts thereof.
Criteria:
Th, ""''Y "' "'" CiJy I, '" -, P~ilib~ 'bro,,, ~ ..",,,,, P"""" 'bb,;"g """'"_
on'on. 'mpb",,",. '"mm~i~ ....~ "'" ,,,,,,,,t,,. '''''' hi_. ","gmpby.
environmental, civics, monetary support and service to the Boynton Beach community.
Th, f,Il'Wi,. 'rit'ri. .b.u "" ".. m d_"" lli, _"'"= "' th, '",",.
designation:
I. Geographic location (neighborhood, significant areas, etc.)
2. Natural features
3. A person (non-living) or place of historical or cultural Significance.
4. A """', (no"b.mgJ, "","", o, fort"" _,",~Jy ''''''""cd with th, '''''' o, furiJI~
5. Commitment for monetary SPOnsorship
Th, P== '" -, Foci'b~ romm,",,~ w;lli . -"",.ti~ ,f "'" CI~ M"""""
Mayor or a City Commissioner that a City Facility be named or renamed.
C'm1iti'M "' "'""""" dnn",~ $ """ ,_ by <b, d~o, '"' <b, CiJy 'boll bo h~'ml
regarding the naming of the Facilities subject to these adopted policies.
N~," "'" ~, rimiJ~" MI,iru. F~ilibM I, "'" CiJy ,Im"'d no, bo '"'"d,,,,, i, "",,,,,
minimize confusion.
Procedure:
The City reserves the right to change the name to maintain consistency with these policies.
S:\CA IOrdinances\naming public facilities-reVised(KB).doc
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1. Naming or Renaming of Facilities
a. A request for naming of a facility shall be initiated by a request by the City
Manager to the City Commission or by request of any member of the City
Commission through the City Manager.
b. City staff as designated by the City Manager will review the proposal for
adherence to the stated criteria and authentication of statements relative to
contributions in the case of an individual before forwarding to an advisory
committee of five (5) person appointed by the City commission.
c. The advisory committee review the proposed naming or renaming and will
offer the opportunity for public input on the proposed naming.
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II d. The advisory committee shall forward their recommendation to City
12 Commission for final decision.
13 2. Renaming of Parks, Recreation Areas, Facilities, Buildings and Rooms in Buildings
14 Renaming of facilities carries with it a much greater burden of process compared to initial
15 naming. Tradition and continuity of name and community identification are important
16 community values. Each suggestion or request for renaming must meet the criteria in this
17 policY, but meeting all criteria does not ensure renaming.
18 Section 3. Each and every other provision of the Code of Ordinances not herein
19 specifically amended, shall remain in full force and effect as originally adopted.
21 conflict with any provisions 0 f this ordinance are hereby repealed.
Section 4.
All laws and ordinances applying to the City of Boynton Beach III
20
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23 thereof be declared by a court 0 f competent jurisdiction to be invalid, such decision shall not
Section 5.
Should any section or provision of this Ordinance or any portion
24 affect the remainder of this Ordinance.
25
Section 6.
Authority is hereby given to codify this Ordinance.
26
Section 7.
This Ordinance shall become effective immediately.
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FIRST READING this
day of _
.2006.
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S:ICA IOrdinances\narmng public facilities-revised(KB).doc
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SECOND, FINAL READING AND PASSAGE this ~ day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jeny Taylor
Vice Mayor_ Carl McKoy
Commissioner - RObert Ensler
Commissioner - Mack McCray
ATTEST:
Commissioner - Muir C. Ferguson
-
City Clerk
(COlporate Seal)
S:\CA \Ordinances\naming public faCiJities-revised(KB ).doc
/~(;r
'\l.
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(-
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.2
CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetim! Dates in to City Clerk's Office Meetim! Dates in to Citv Clerk's Office
0 August J, 2006 July 17, 2006 (Noon.) ~ October 3, 2~ September 18, 2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) ~ OctoZ1'f. 2006 1 October 2, 2006 (Noon)
0 September 6. 2006 August 14, 2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
[] 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 0 Consent Agenda ~ Lega] (/)
0 0 ~
Code Compliance & Legal Settlements Unfmished Business -0
0 0 I
Public Hearing
:-.1
r):'~f
:::~-(
~<C)
.-q
D:J
"10
-:!-.<
~: ::::
J:;". (/)~
~_J;: c\
-- "1--=
RECOMMENDATION: Adoption of the proposed Ordinance. Cl-
-.-;co
W ---rll
EXPLANATION: The City Connnission adopted Ordinance No. 02-026 on June 18, 2002 providing a supplemelillll b~
to the retirees of the General Employees' Pension Plan in the form ofa 13th check. A 13th check is an extra monthlypaymelH
to the Plan's retirees in the event that the Det investment retmns of the Plan exceed the asswned rate of investment return.
The proposed ordinance claripes the intent of the 13th check benefit in order to ensure that the benefit is only issued in
compliance with the statutory requirement that a 13 th check will be paid only if the present value of such supplemental benefit
exceeds the net actuarial experience of the Plan acclUDulated from all sources of gains and losses since the supplemental
benefit was enacted. This ordinance will clarity and ensure that the issuance of the 13th check is nol based solely upon the
Plan's net investment returns in any given year. but instead that the net investment returns of the Plan in any given year must
exceed the Plan's actuarial investment returns from the time that this benefit was enacted. The attached chart, prepared by the
Plan's actuary, demonstrates the amount of positive investment returns that the Plan must experience in order for a ]3th check
to be issued.
PROGRAM IMP ACT: To clarity the tenns of the 13th check benefit offered by the Plan and to ensure compliance with the
statutory requirements for when such a 13th check may be issued to the Plan's retirees.
FISCAL IMPACT: (Include ACCount Number where funds will come froDL) None. This amendment serves to ensure
that the Plan is aged in an actuariaIly sound manner thereby curtailing the City's contnbution to the Plan.
ALTE
Cily Attorney
Department Name
S'\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
~_ 0'3/01/2005 0'3: 23
'3547714'323
GOREN CHEROF ET AL
PAGE 02/02
~.
L Cumulative Actuarial GainS (Losses) \
Balance at I I I- I
Year Ending Beginning Gain (l.OSs) Balance at
9/30 of Year Interest for Year 13th Chec:k End of Year
2002 $ 0 $ 0 $ (4,227,408) $ 0 $ (4,227,408)
2003 (4,227,408) (338,193) (5.398,187) 0 (9,963,788)
2004 (9,963,788) (797,103) (4,994,196) 229,585 (15,984,672)
2005 (15,984,672) (1.278,774) (1.174,319) 0 (18.437,785)
Boynton Beach General Employees Pension Plan
ORDINANCE 06-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 4
OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON
BEACH, FLORIDA TO AMEND SECTION 18-111, ENTITLED
"NORMAL RETIREMENT," TO CLARIFY THE INTENT WITH
RESPECT TO ISSUANCE OF A SUPPLEMENTAL BENEFIT;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 18,2002, the City Commission adopted Ordinance No.
02-026 providing a supplemental benefit for the participants of the General Employees'
Pension Plan (the "Plan") in lieu of providing a cost ofliving increase to the retirees
each year; and
WHEREAS, the intent of the supplemental benefit was to provide a
supplemental benefit, or 13th Check, to the retirees of the Plan in any year in which the
net investment rate of return exceeds the assumed rate of return for the Plan; and
WHEREAS, the supplemental benefit must comport to the regulations of Part
VII of Chapter 112, Florida Statutes, which provides that the present value of any
additional benefit may not exceed the net actuarial experience accumulated from all
sources of gains and losses; and
WHEREAS, pursuant to this requirement, the detennination of when a
supplement benefit payment will issue is an actuarial determination, as opposed to a
financial determination; and
Page I of5
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S:\CA \Ordinances\Pension\GeneraJ Employees Pension - 13th check amendment rev .doc
WHEREAS, Plan participants mistakenly assumed that a supplemental check
would issue in any year that the Plan realizes greater than an 8% return on investment
without regard to total performance; and
WHEREAS, it is the desire of the City Commission to amend the Plan, as
recommended by the Board, to clarify this matter;
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as
being true and correct and are incorporated herein by this reference. All exhibits
attached hereto are hereby incorporated herein.
Section 2.
The City Commission of the City of Boynton Beach, Florida
hereby amends Chapter 18, Article II, Division 4, Section 18- I I I of the City Code of
Ordinance ofthe City of Boynton Beach, entitled "Normal Retirement", as follows:
Section 18-111.
Normal Retirement.
(e) Commencing October I, 2001, in lieu of receiving a cost of
living increase retirees may be eligible to receive a supplemental pension
distribution payable by the following July I s" the amount of which shall be
determined as of September 30th of each year. The amount of the distribution is
equal to lhe amount the net investment return exceeds the assumed rate of
investment return divided equally among all participants whose benefit was in
pay status as of the previous October I s'. The amount of the distribution shall
be the same for all eligible retired members regardless of years of service, age,
years retired or amount of monthly benefit. In no event shall the supplemental
benefit exceed the average monthly benefit of those retirees receiving a
monthly benefit calculated as of the previous October 1st.
Page 2 of5
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S:\CA\Ordinanccs\Pension\GenL"Tal Employees Pension - 13th check amendment rev .doc
(I) The actuary for the Pension Fund shall detennine the rate of
investment return earned on the Pension Fund assets during the twelve
(] 2) month period ending each September 30th and shall be the rate
reported in the most recent actuarial report.
(2) The actuary for the Pension Fund shall, as of September 30th,
determine the actuarial present value of future pension payments to
current retirees.
(3) The supplemental benefit shal] not be paid in any year that the
net investment return does Bot e),eeed the assllffied Fate of iWleatment
return. present value of such benefits does not exceed the net actuarial
experience accumulated from all sources of gains and losses since this
benefit was enacted.
(4) If there shall be a supplemental distribution, the Board of
Trustees shall authorize a supplemental pension distribution, unless the
administrative expenses of distribution exceed the amount available for
distribution.
(5) The eligible persons to receive a SUpplemental distribution are
retirees, including participants in the DROP, and their beneficiaries.
(6) For members who participate in the DROP as provided in SI8-
]27 of the Plan, the supplemental pension distribution, if distributed,
shal] be deposited in the member's DROP account during their term of
participation in the DROP.
Section 3.
It is the intention of the City COmmission of the City of Boynton
Beach that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Boynton Beach, F]orida. The Sections of this
ordinance may be renumbered, re-]ettered and the word "Ordinance" may be changed
to "Section", "Article" or such other word or phrase in order to accomplish such
intention.
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Section 4.
All Ordinances or parts of Ordinances, Resolulions or parts of
-'..
Resolutions in conflict herewith be and the same are hereby repealed to the extent of
such conflict.
Section S.
If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application shall be considered as
eliminated and so not effecting the validity of the remaining portions or applications
remaining in full force and effect.
Section 6.
This Ordinance shall become effective when the following have
occurred:
(a) the City Commission has received and has accepted a report establishing
the actuarial soundness ofthese amendments;
(b) when a collective bargaining agreement ratifying the foregoing changes to
pension benefits has been ratified by the City Commission and the General
Employees' Pension Board of Trustees, or their successor organization;
and
(c) a copy of this Ordinance is transmitted to the State of Florida Division of
Retirement.
Upon satisfaction of all of the above requirements, then in that event, the terms
and provisions of this Ordinance shall become effective.
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FIRST READING this _ day of
,2006.
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
CITY OF BOYNTON BEACH,
FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
ATTEST:
Commissioner - Mack McCray
CITY CLERK
(CORPORATE SEAL)
Commissioner - Muir C. Ferguson
Page 5 of5
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S:\CA\Ordinances\Pension\General Employees Pension - ) 3th check amendment rev .doc
Meeting Minutes
Employees' Pension Plan Quarterly Meeting
Boynton Beach, Florida ~__'____
August 18, 2006
.:.,-
Mr. Swanson will schedule the presentations at the December 1, 2006 quarterly meeting.
C) Julie Klahr, Pension Attomev/Steve Palmquist. Actuary
Ms. Klahr declared at the last meeting the board directed the drafting of an ordinance to modify
the 13th Check provision to the effect that the decision to have a 13th Check would be made by
the financial advisor instead of the actuary, to accelerate the process. After meeting with Jim
Cherof, the City Attorney, they spoke with Mr. Palmquist, the actuary, who agreed having the
financial advisor make this determination would circumvent the statutory requirements, The
State statute provides: Actuarial experience may be used to fund additional benefits, provided
that the present value of such benefits does not exceed the net actuarial experience
accumulated from all sources of gains and losses. They also discussed the misconception that a
13th Check was payable in any year that the Plan realized greater than an 8% return on
investment, without regard to total performance.
Ms. Klahr incorporated the comments of the actuary in the draft ordinance, which was
presented to the trustees attached to a letter from Mr. Cherof and Ms, Klahr on the topic. She
brought it back to the board for review and discussion.
Mr. Bressner asked what should trigger the 13th Check and who should do it. Ms, Klahr's office
recommended having the actuary trigger the 13th Check and not the financial advisor. They also
recommended the date of determination of the 13th Check not be changed unless it was done
to clearly reflect that the determination must follow an actuarial determination and not the
report on return rates by the finandal advisor. Her office also recommended the Plan language
be clarified to clearly express the legal requirement that a 13th Check was not based on a single
year's rate of return but could only be issued when the present value of such benefits did not
exceed the net actuarial experience accumulated from all sources of gains and losses. That
recommendation was based upon the common but incorrect belief that an annual rate of return
exceeding 8% in any given fiscal year would result in a 13th Check.
Mr. Bressner was concerned about the time period as far as when the actuarial reports were
available versus when the financial advisor report was available. The actuarial report would
probably be a more conservative and cautious look at the situation, Ms. Klahr said that caution
was not the only factor - it also had to comply with State requirements. The actuary would
have to determine there had been a positive net experience before a 13th Check could be
triggered. Mr, Palmquist remarked the ordinance had been adopted in 2002, Mr. Bressner
asked again about the timeline, Mr. Palmquist responded the Plan right now said if the
investment return exceeds 8%, then something was payable to the retirees. The Statute
allowed that, but the cumulative amount paid out from the time the provision was implemented
may not exceed the cumulative amount of actuarial gains over that period. The gains from all
sources, not just investments, had to be taken into consideration. The problem was that since
that provision had gone into effect, cumulatively there had been large actuarial losses. Those
losses, according to the statute, should prevent the Plan from paying the 13th Check until such
time as they had actuarial gains that exceeded the losses they had accumulated since 2002,
Mr. Bressner did not think it was probable that this would occur in the near future.
12
Meeting Minutes
Employees' Pension Plan Quarterly Meeting
B_o}'n~on ~e~(;h,_Florida
__August 18, 2006
Mr. Bressner asked Mr. Palmquist if the Plan had issued 13th Checks in error as a result of this
statutory provision, and Mr. Palmquist responded that was the case,
Mr. Palmquist displayed a table entitled "Gain or Loss Per Year." They had losses for the past
four straight years. Ninety percent of that was due to the gradual recognition of the investment
losses in 2001 and 2002, due to smoothing, All the losses were not recognized at once, Just
like in the good years, they did not recognize all the gains at once. Mr. Bressner said the Pay
Plan implementation would have an effect next year because there had been big increases
across the board. Mr. Palmquist stated the table only looked backwards. When they started with
the year in which the 13th Check ordinance passed (2002) and went through the analysis as
approved by the State, there was $18M in the negative. According to this accounting, they
could not payout a 13th check until future gains overcame that $18M loss.
Mr. Bressner asked what the corrective action would be. Ms. Klahr responded what they
wanted to do was amend the 13th Check ordinance so anyone reading it would understand they
would not get a 13th Check because there was a good year.
Ms. Klahr reviewed the proposed changes to the 13th Check ordinance.
On page 2, line 17, the word "net" was stricken. Mr. Palmquist asked that be put back in. Mr.
Palmquist stated he wanted to be clear they were talking about the net rate of investment rate
of return for the year, meaning the return after subtracting investment expenses, Ms. Klahr
agreed this would be put back in. The board concurred.
On page 3, the words "net investment return does not exceed the assumed rate of investment
return" were replaced with, "present value of such benefits does not exceed the net actuarial
exoerience accumulated from all sources of aains and losses." Ms. Klahr declared they wished
to add the phrase, "since this benefit was enacted" following that. The board agreed,
Mr, Palmquist will keep this language in his annual report,
Richard Stone, 4510 Nutmeg Tree Lane, Boynton Beach, retiree from the City of Boynton
Beach, asked if there would be any way the retirees could benefit from the Fund performing
greater than 8% in a given year, Mr. Palmquist replied they could, if they had a return of $20M
over expectations. The only other way to do it was some kind of automatic cost of living
adjustment, but that would cost a lot of money.
Motion
Mr. Bressner moved the 13th Check ordinance be finalized with the language changes agreed to
and submitted to the City Commission for approval. Mr, MacIntyre seconded the motion that
passed s-o.
Mr. Stone asked if the Fund had been in the negative by $18M, and the response was that it
had been, actuarially speaking. Mr, Palmquist stated that the situation was due primarily to
investment returns in 2001 and 2002. The smoothing method contributed. Also, Mr. Bressner
commented the recent payroll changes would impact the Pension Fund this year and next year,
as the MGT Study was implemented. Mr. MacIntyre asked if this were the last year of the
smoothing and Mr. Palmquist responded the 2001 and 2002 losses were not fully realized
13
Meeting Minutes
Employees' Pension Plan Quarterly Meeting
Boynton Beach, Florida
August 18, 200~
through September 30, 200S. Starting with the next report, this would no longer be an issue.
Mr. Bressner remarked this year's contribution from the General Fund and the Utilities Fund into
the General Employees' Pension Fund subsidized the loss from the Pension Fund. That number
had gone down some this year, All the Pension Funds had suffered during this period. Mr,
Bressner added that next year, they would have the impact on the actuarial expense side that
was going to be triggered by the salary increases.
V. Correspondence
1) Alliance Bernstein - 2nd Quarter 2006 Proxy ReDort
This was included for the members' information,
VI. Old Business
1) EXDired term on Trustee Position. Minutes of June 9. 2006 - Status
Ms. LeJeune referred to a letter in the agenda packet stating there had been no nominations for
her expired trustee position, At the June 6 meeting, the board agreed they would informally try
to interest someone in the position, Ms, Lejeune spoke with Michael Low, the new Deputy
Director of Operations in Utilities, and discovered he had extensive pension experience from
previous employment. His resume was attached.
Motion
Ms. Lejeune made a formal nomination of Michael Low to replace her on the Pension Board.
Ms. Kruse seconded the nomination, The motion passed 4-0 (Mr. Bressner was out of the
room,)
Mr, Low mentioned he was willing to serve and~ was welcomed to the board as a trustee to
commence with the next regularly scheduled meeting.
Mr. Stone asked about the process whereby Mr. Low was made a trustee. Ms. Klahr advised
him the board had adopted procedures where if there were only one nomination, they would
appoint that individual. Ms. Lejeune confirmed a notice had gone out and no one had come
forward to express interest in the position. She added this was not the position the City
Commission appointed, There was another position that was still open that the Commission
appointed and that had been tabled.
2) Resource Center - Review and Discussion (tabled from June 9. 2006 meeting)
Ms, LeJeune remarked this was the firm that made a presentation about outsourcing the
Pension Administrator's duties,
Motion
Mr. Bressner moved to table the Pension Resource Center discussion to the next meeting. Ms,
Lejeune seconded the motion that passed s-o.
14
/(((
,
- (-
CITY OF BOYNTON BEACH.
AGENDA ITEM REQUEST FORM
)(11. - LEGAL - 2nd Reading
Non-Development
ITEM B.3
f.w>/U."C:._;'"
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin!! Dales in to City Clerk's Office Meetin!! Dates in to City Clerk's Office
0 August It 2006 July 17, 2006 (Noon.) ~ October 3,2006 September] 8, 2006 (Noon)
0 ~ ~N' Rd~.
August 15,2006 July 31, 2006 (Noon) October 17, 2006 Octuber 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 AnnouncementsJPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code CompJiance & Legal Settlements 0 Unftnished Business
0 Pnblic Hearing 0
RECOMMENDATION: Approve Ordinance #
and crealing a SmalIlMinority Business Enterprise Program
amending the City of Boynton Beach Code of Ordinances
EXPLANATION: Pursuant to the July 28,2006 City Connnission, workshop staff was charged with the task of developing
a SmalIlMinority Business Program that could beneftt the City and making a reCOmnlendation to the City Connnission
outlining a program speciftcally designed for the City of Boynton (see "attaclnnent A" proposed ordinance). The City
Connnission recognized that proactive steps must be taken to help ensure that local Small and Minority Business Enterprises
thrive and continue to beneftt the community economically and socially. Moreover, the City should connnit the necessary
time, human resources, and financial support to achieve the program goals and objectives. Commitment to this program is
best demoustrated by enacting legislation to create a local 5MBE Program that sets forth the policies, operating procedures,
and program benefits to help ensure the utilization and success of such businesses.
Proposed sections of new. Ordinance:
Sec. 2-201 General
Sec. 2-202 Policy Statement
Sec. 2-203 Defmitions
Sec. 2-204 Program Administration
Sec. 2-205 Equal Opportunities
Sec. 2-206 Program Eligibility
Sec. 2-207 Goals
Sec. 2-208 Counting Participation of 5MBE's
Sec. 2-209 Contract Pre-Award Compliance Procedures
Sec. 2-210 Good Faith Efforts
Sec. 2-211 Contracts
Sec. 2-2] 2 Contract Performance Compliance Procedures
Sec. 2-2l3 Contract Language Required
'ec. 2-214 Penallies
ec. 2-215 5MBE Program Advisory Board
Sec. 2-216 Annual Program Review
Sec. 2-217 Notice
Sec. 2-2]8 Severability
S,\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
,t((,
. y~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Sec. 2-219 Waiver
Sec. 2-220 Limilalion of Remedy
PROGRAM IMP ACT: 'The creation of a program whereby smaIVrninority businesses desiring 10 do business with the City
can do so in an equitable manner. The program would include irtlplementation of race and gender neutral measures to
facililate the participation ofSMBE's in City contracting and procurement activities. The goal of the program would be to
facilitate increased participation ofSMBE's in contracting and procurement opportunities with the City through education and
training, increase the diversity of bus messes 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 connnunity. The proposed ordinance also creates an 5MBE
Advisory Board appointed by the City Connnission to advise the Corrnnission on issues and concerns relative to the local
small and minority business conunwrity, 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, and bring these programs to fruition.
FISCAL IMPACT: Proposed 2006-07 budget
*Consultanl
Software
Travel
Miscellaneous
$20,000.00
15,000.00
5,000.00
2.500.00
$42,500.00
*Professional services to provide a need assessment for the City and provide technical assistance in establishing the 5MBE
program.
ALTERNATIVES: Nol to approve stairs recommendation and continue status quo, without programs designed to increase
participation in City contracting and procurement opportunities by SmallJMinority iness Enterprises.
Departmenl Name
~.f(.#C;&f;;;/~~
Assist Direct of Finan
Procurement Service
S:\BUIJ.ETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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36 ARTICLE XV
37 Sec. 2-201. General.
38
39 (a) This Article establishes the City's Small and Minority Business Enterprise Program.
40
41 Sec. 2-202. Policy statement.
42
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING CHAPTER 2,
ADMINISTRATION OF THE CODE OF ORDINANCES
TO ADD A NEW ARTICLE XV; SMALL AND
MINORITY BUSINESS ENTERPRISES; ESTABLISHING
A PROGRAM TO ASSIST SMALL AND MINORITY
BUSINESS ENTERPRISES IN COMPETING FOR AND
BEING AWARDED CITY CONTRACTS;
ESTABLISHING PROCEDURES FOR DESIGNATION
OF SMALL AND MINORITY BUSINESS ENTERPRISE
STATUS; AUTHORIZING ADMINISTRATIVE ACTION
TO IMPLEMENT, ADMINISTER AND MONITOR
PROGRAM GOALS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission finds that it is in the best interests of the City to crellte a
program whereby business desiring to do business with the City can do so in an inclusive and
equitable environment; and
WHEREAS, The program would include implementation of race and gender neutral measures
to facilitate the participation of small and minority business enterprises (SMBE) in City
contracting activities, recruitment, certification, and maintenance of data bank, business
development, City project compliance, monitoring, and reporting. In addition, staff
recommends establishing a business advisory board. It would be the responsibility of City staff
to support the Advisory Board and coordinate activities.
Section I. The foregoing whereas clauses are true and correct, and are now ratified by the
City Commission.
Section 2.
Chapter 2, Administration, of the Code of Ordinances is amended to add a new
Article XV, titled Small/Minority Business Enterprises as follows:
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I
I (a) The policy of the City is that all businesscs bc affordcd an opportunity for full
2 participation in the City's system for thc procuremcnt of goods, services or
3 construction projects.
4 (b) It is the policy of the City to provide equal opportunities for City contracting for
5 small businesses owned by socially and economically disadvantaged persons doing
6 business in the City's contracting marketplace.
7 ( c) It is the policy of the City to prohibit discrimination against any business in pursuit of
8 these opportunities, to conduct its contracting activities so as to prevent
9 discrimination in the solicitation or award of public contracts or the acquisition of
10 goods and services.
II (d) It is declared to be the policy of the City to take all necessary, reasonable and legal
12 action to prevent discrimination, be it direct or indirect, in its procurement process; to
13 ensure that all businesses, including small businesses, are afforded the maximum
14 opportunity to participate in the City's procurement process; and to establish a
15 recordkeeping system to monitor small business participation in procuremcnt.
16
17
18 Sec. 2-203. Definitions.
19
20 The following words as used in this chapter have the indicated meanings:
21
22 Affiliation means a relationship between two (2) or more businesses which one business
23 controls or has the power to control the other, or a third party or parties controls or has the
24 power to control both, or an identity of interests exists between such businesses. In
25 determining affiliation, the City shall consider all appropriate factors, including common
26 ownership, common management, contractual relationships and shared facilities. Affiliates
27 must be considered together in determining whether a business is a small business enterprise.
28
29 Annual participation goals mean the targeted levels established by the City for the annual
30 aggregate participation in City contracts of small/minority business enterprises SIMBE.
31
32 Bid means the offer to furnish goods or services, including formal and informal bids, and
33 responses to requests for proposals qualifications.
34
35 Bidder mcans a person that has submitted a bid to the City.
36
37 Brokering means filling orders by purchasing or receiving supplies from a third party
38 supplier rather than out of existing inventory, and providing no commercially useful function
39 other than acting as a conduit between a supplier and a customer.
40
41 City manager means the City manager of the City of Boynton Beach or his or her designee.
42
43
44
45 City's contracting marketplace means the geographic and procurement areas in which thc
46 City contracts on an annual basis.
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2
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2 Commercially useful function means a function which results in the provision of needed
3 materials, supplies, equipment or services to the City. A small business must demonstrate
4 expertise in the commodity area that they are supplying and those commodity area must be
5 identified and listed in the certification approval letter. Acting merely as a conduit to transfer
6 funds to another business does not constitute a commercially useful function.
7
8 Contract means any written agreement or purchase order through which the City procures
9 goods or services.
10
11 Contractor means a person that has a contract with the City to provide goods or services.
12
13 Controlled, for the purposes of determining whether a business is a minority or woman-
14 owned business, means the minority, the woman or combination of minorities and women, as
15 the context requires, who:
16
17 (1) Possesses legal authority and power to manage business assets, goodwill and
18 daily operations of the business; and
19 (2) Actively and continuously exercises such authority and power in determining the
20 policies and directing the operations of the business. The term "controlled" for the
21 purposes of determining whether a business is a small business shall mean that no
22 large business:
23 a. Possesses legal authority and power to manage business assets, goodwill
24 and daily operations of the business; and
25 b. Actively and continuously exercises such authority and power in
26 determining the policies and directing the operations of the business.
27
28 Debarment means the exclusion for cause of a vendor or contractor from bidding and/or
29 doing business with the City.
30
31 Director means the City Manager or those individuals or departments designed to administer
32 all or part of the smalllminority business enterprise program.
33
34 EconomicaUy disadvantaged means an individual whose personal net worth is less than
35 $750,000.00.
36
37 Emergency procurement, as authorized by the City Manager, means a procurement made
38 in response to a requirement when a delay caused by complying with all governing rules,
39 regulations and/or procedures would be detrimental to the interests, health, safety or welfare
40 of the City.
41
42 Expertise means demonstrated skills, knowledge or ability to perform in the field of
43 endeavor in which certification is sought by the business as defined by normal industry
44 practices, including licensure where required.
45
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I Good faith efforts means actions that thc City finds are sufficient to meet the standards
2 hereinafter set forth in section 2-210 which provides for contract pre-award compliance
3 procedures..
4
5 Goods means apparatus, materials, supplies and equipment.
6
7 Joint venture means an association of two (2) or more persons, or any combination of types
8 of business enterprises and persons numbering two or more, proposing to perform a single for
9 profit business enterprise, in which each joint venture participant contributes property, capital,
10 efforts, skill and knowledge, and in which the SIMBE is responsible for a distinct, clearly
II defined portion of the work of the contract with the City and whose share in the capital
12 contribution, control, management, risks, and profits of the joint venture are commensurate
13 with its ownership interest. Joint ventures must have an agreement in writing specifying the
14 terms and conditions of the relationships between the joint venture participant and their
15 relationship and responsibility regarding to the contract with the City.
16
17 Large business means a business that does not meet the definition of small business as
18 defined in this article.
19
20 MB means a minority-owned business.
21
22 Minority person means an individual who is a citizen or lawful permanent resident of the
23 United States who is:
24
25 (I) An African American, a person having origins in any of the black racial groups of
26 Africa;
27 (2) A Hispanic American, a person of Spanish or Portuguese culture who has origins
28 in Central or South America, or the Caribbean, regardless of race;
29 (3) An Asian American, a person having origins in any of the original peoples of the
30 Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;;
31 (4) A Native American, a person who has origins in any of the Indian tribes of North
32 America prior to 1835; or
33 (5) A female
34
35 Owned, for the purposes of determining whether a business is a minority or woman-owned
36 business, means that the minorities or women, as the context reqnires, shall possess an
37 ownership interest of at least 51 percent. The term "owned," for the purposes of determining
38 whether a business is a small business, shall mean that no large business shall possess an
39 ownership interest in excess of 49 percent.
40 Participation plan means the list of 5MBESMBE that the bidder commits will be utilized,
41 their scopes of work, and dollar value or the percentage of the project or the scopes of work of
42 the contract they will perform.
43
44 Personal net worth means the net value of the assets of an individual after total liabilities are
45 deducted. An individual's personal net worth does not include the individual's ownership
46 interest in the applicant and the individual's equity in his or her primary place of residencc.
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I An individual's personal net worth includes his or her share of assets held jointl~with the
2 individual's spouse. Property held by the entireties is deemed to be owned equally by the
3 spouses.
4
5 Practicable means reasonably capable of being accomplished.
6
7 Prime contractor means any person or business entity who has a contract with the City.
8
9 Procurement code means the City's procurement code set forth in this chapter, as it may be
10 amended from time to time.
II
12 Procurement goals means goals expressed as percentages of the total dollar volume for
13 participation of small businesses on individual bids, proposals, resulting work authorizations,
14 purchase orders (POs) or City contracts.
15
16 Professional services means any narrow discipline wherein a known practitioner has,
17 through education and experience, developed expert advisory and programming skills as a
18 vocation, any service performed primarily by vocational personnel which requires the
19 certification of a professional before the services are acceptable to the user of the service, or
20 any other advisory study or programming activity where the procurement official determines
21 that the level of skills and/or creativity of the potential or known practitioner warrant a
22 solicitation process other than the competitive bid process.
23
24 Program means the equal business opportunity (EBO) program.
25 Project specific goals means the goals established for a particular project or contract based
26 upon the availability of 5MBEs in the scopes of work of the project, delineated into
27 percentages of 5MBEs owned by blacks and women.
28
29 Proposal means an executed formal document submitted to the City stating the goods,
30 services and/or construction offered to satisfy the need as requested in the requisition, request
31 for proposal, request for information or request for qualifications.
32
33 Quotation means any oral or written offer as a result of an informal request by a vendor to
34 the City to furnish specific goods, services and/or construction at a slated price.
35
36 Request for quotation means a request, either oral or written, to solicit prices for specific
37 goods, services and/or construction.
38
39
40 SED means socially disadvantaged and economically disadvantaged.
41
42 Services means the furnishing primarily of labor, time and/or effort by a contractor, wherein
43 the provision of goods or other specific end products other than reports, studies, plans,
44 advisories, contractual documents or other documents, relating to the required performance is
45 incidental or secondary. This term "services" shall not include construction or employment
46 agreements.
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2 Small business means a person or business that:
3
4 (I) Is domiciled in Palm Beach County which is an independently owned and
5 operated business concern organized to engage in commercial transactions and whose
6 adjusted gross margin and number of employees, including those working in all
7 offices or locations, does not exceed the following:
8 a. In construction, the annual adjusted gross margin less than $3,000,000.00
9 (averaged over the previous three years, or if in business, less than three years,
10 averaged during duration of business), and does not employ more than 30 full-
I I time employees.
12 b. In commodities, the annual adjusted gross margin less than $1,500,000.00
13 (averaged over the previous three years, or if in business, less than three years,
14 averaged during duration of business), and does not employ more than 30 full-
15 time employees.
16 c. In professional services, the annual adjusted gross margin less than
17 $2,000,000.00 (averaged over the previous three years, or if in business, less
18 than three years, averaged during duration of business), and does not employ
19 more than 30 full-time employees.
20 (2) Meets the certification criteria set forth in this article.
21 (3) The limits described in subsections (l)a., b. and c. above shall apply to all small
22 businesses certified by the City (or other entity as heretofore listed) as of October I,
23 2003.
24
25
26
27 Small business enterprise (SBE) means a small business concern meeting the size standards
28 established by the City or a federal, state, county, or local school board agency under similar
29 programs.
30
31
32 Small business listing means a supplier list of certified small businesses approved by the
33 City Manager and made available to contractors or vendors for use in identifying
34 subcontractors and material suppliers.
35
36 Small minority business enterprise (SIMBE) means a business, including a sole
37 proprietorship, partnership, corporation, limited liability company, joint venture or any other
38 business or professional entity:
39
40 (1) Which is at least fifty-one (51) owned by one (I) or more socially and
41 economically disadvantaged individuals, or in the case of a publicly owned business,
42 at least fifty-one (51) percent of all classes of the stock of which is owned by one or
43 more socially and economically disadvantaged individuals;
44 (2) Whose management, policies, major decisions and daily business operations are
45 independently managed and controlled by one (I) or more socially and economically
46 disadvantaged individuals;
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I (3) Which is small business enterprise;
2 (4) Which has a physical location from which to engage in for profit activities in the
3 scope(s) of expertise of the in the City's marketplace; and
4 (5) Which is certified as a 5MBE by the City of Boynton Beach, the State of Florida,
5 Palm Beach County, the School Board of Palm Beach County, or any other
6 municipality, notwithstanding the terminology used to designate the enterprise.
7
8
9 Socially disadvantaged means an individual who has been subjected to racial or ethnic
10 prejudice or cultural bias within American society because of his or her identity as a member
II of a group and without regard to individual qualities. Social disadvantage must stem from
12 circumstances beyond the individual's control. A socially disadvantaged individual must be a
13 citizen (or lawfully admitted permanent resident) of the United States who is either:
14 (I) Black/African-American, which includes persons having origins in any of the
15 black racial groups of Africa;
16 (2) Female; or
17 (3) Any individual found by the City on a case-by-case basis to have been subjected
18 to racial or ethnic prejudice or cultural bias within American society because of his or
19 her identity as a member of a group, without regard to individual qualities. Social
20 disadvantage must stem from circumstances beyond the individual's control. Evidence
21 of social disadvantage must include:
22 a. At least one (I) objective, distinguishing feature that has contributed to
23 social disadvantage, such as disability, long-term residence in an environment
24 isolated from the mainstream of American society or other similar barriers not
25 common to individuals who are not socially disadvantaged;
26 b. Personal experiences of substantial and chronic social disadvantage in
27 American society, not in other countries; and
28 c. Negative impact on entry into or advancement in the City's contracting
29 marketplace and participating on City contracts because of the disadvantage, as
30 demonstrated by the individual's education, employment and business history.
3]
32
33
34
35
36 Subcontractor means any person providing goods, services and/or construction to a prime
37 contractor for profit, if such goods, services and/or construction are procured or used in
38 fulfillment of the prime contractor's obligations arising from a contract with the City,
39 excluding providers of goods directly acquired by the City.
40
4] User department means the department of the City that the City manager designates as
42 responsible for initiating the procurement process.
43
44 Vendor means an actual or potential supplier of goods, services and/or construction.
45
46 WB means a woman-owned business.
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2 Sec. 2-204. Program Administration.
3
4 (a) The City Manager shall administer the City's SmalllMinority Business Enterprise
5 program.
6 (b) The City Manager is authorized to:
7
8 (I) Adopting rules for the implementation and monitoring of thc program and to
9 incorporate those rules into the City's procurement code.
10 (2) Develop a system to inform SIMBEs of City contracting opportunities.
II (3) Providing information and staff assistance to 5MBEs relating to City procurement
12 practices and procedures, and bid specifications, requirements, and prerequisites.
13 (4) Maintain a list of business that are certified as 5MBEs and maintain that list in a
14 5MBE availability data bank.
15 (5) Establish project specific goals.
16 (6) Evaluate bidders' and contractors' achievement of project specific goals or good
17 faith efforts to meet project specific goals.
18 (7) Direct hislher administrative staff to monitor contracts to facilitate prompt
19 payments to 5MBEs and compliance with project specific goals and commitments.
20 (8) Receive, review, and act upon complaints and suggestions concerning the
21 program.
22 (9) Collect and maintain data through software systems in order to report on
23 compliance with the article and monitor and report on utilization of minority and
24 woman-owned business as compared to their availability.
25 (10) Monitor and report on the program and the City's progress towards the annual
26 participation goals.
27 (II) Prepare an annual budget detail that allocates resources, including budget and
28 staff to carry out the mandates of this article.
29 (12) Delegate all or part of the responsibilities listed herein.
30
31 (c) The City staff or City departments which receive appropriate delegation for project
32 management, contract management, and/or construction and/or design contract responsibility
33 shall have the following duties and responsibilitics with regard to the program:
34
35 (I) Assisting with setting project specific goals.
36 (2) Assisting in the identification of available 5MBEs, and providing other assistance
37 in meeting the annual participation and project specific goals.
38 (3) Performing other activities to support the program.
39 (4) Gathering and maintaining subcontracting data for those contracts which they
40 manage.
41 (5) Submitting subcontracting data to the City Manager.
42 (6) Managing contracts in a consistent manner to facilitate contract compliance in
43 utilization of 5MBEs.
44 (7) Submitting to the City Manager, on or before the beginning of each fiscal year,
45 the administrator's or department's annual 5MBE contracting goal based upon a
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I project identification survey listing all upcoming projects, estimating the."probable
2 monetary value, the projected bid advertisement date and the necessary qualifications.
3 (8) Department directors shall, whenever practicable:
4
5 a. Separate discrete and unconnected work elements from projects for
6 separate contracts, where separation will not cause substantial adverse fiscal,
7 administrative, or legal impact;
8 b. Divide procurements into component parts or work elements on a report so
9 that the City Managefcan determine which small businesses are available to
10 participate as subcontractors; and
II c. Establish delivery schedules that do not discourage small or large business
12 participation, especially, in master agreements.
13
14
15 Sec. 2-205. Equal opportunities
16
17 The City shall develop and use race- and gender-neutral measures to facilitate the
18 participation of 5MBEs in City contracting activities. These measures shall include, but are
19 not limited to:
20
21 (I) Arranging solicitation times for the presentations of bids, quantities,
22 specifications, and delivery schedules so as to facilitate the participation of interested
23 persons.
24 (2) Providing timely information on contracting procedures, bid preparation, and
25 specific contracting opportunities.
26 (3) Holding pre-bid conferences, where appropriate, to explain the projects and to
27 encourage potential bidders to solicit available SIMBEs as subcontractors or as joint
28 venture participant.
29 (4) Adopting prompt payment procedures, including requiring by contract that
30 contractors pay their direct subcontractors within a stated period of receipt of payment
31 from the City, subject to appropriate exceptions.
32 (5) Reviewing bonding and insurance requirements to eliminate unnecessary barriers
33 to contracting with the City.
34 (6) Maintaining a bidders list, consisting of all persons bidding on City prime
35 contracts and bidding or quoting on City-funded subcontracts.
36 (7) Providing technical assistance, which may include:
37 a. A surety bonding assistance and support program to provide access to
38 surety bonding and contract financing.
39 b. A mentor-protege program.
40
41
42 Sec. 2-206. Program eligibility.
43
44 Only a business that is managed and controlled by socially or economically
45 disadvantaged(SED) owners may be certified as a SIMBE, provided:
46
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I (I) A business must not be subject to any formal or informal restrictions that limit the
2 discretion of the SED owner(s). There can be no restrictions through corpofiite charter
3 provisions, by-law provisions, contracts or any other formal or informal devices that
4 prevent the SED owncr(s), without the cooperation or vote of any non-SED person,
5 from making any business decision ofthc business.
6 (2) The SED owner(s) must possess the power to direct or cause the direction of the
7 management and policies of the business and to make day-to-day as well as long-term
8 decisions on managemcnt, policy and operations.
9 (3) The SED owner(s) may delegate various areas of the management, policymaking
10 or daily operations of the business to persons who are not SED. Such delegations of
II authority must be revocable, and the SED owners must retain the power to hire and
12 fire any such person. The SED owners must exercise control over the business's
13 operations, work, management and policics.
14 (4) '[be SED owner(s) must have an overall understanding of, and managerial and
15 technical competence, experiencc and cxpertise, directly related to the business's
16 operations and work. The SED owner(s) must have the ability to intelligently and
17 critically evaluate information presented by other participants in the business's
18 activities and to make independent decisions concerning the business's daily
] 9 operations, work, management, and policymaking.
20 (5) ]f any law requires the owners to have a particular license or other credential to
2] operate, own and/or control a certain type of business, then the SED owner(s) must
22 possess the required license or credential. If the law does not so require, that the
23 owner(s) lacks such license or credential is a factor in determining whether the SED
24 owner( s) actually controls the business.
25 (6) A SED owner cannot engage in outside employment or other business interests
26 that conflict with the management of the business or prevent the owner from devoting
27 sufficient time and attention to the affairs of the business to manage and control its
28 activities.
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30 (d) Only an independent business may be certified as a SIMBE. An independent business is
31 one whose viability does not depend on its relationship with another business. Recognition of
32 an applicant as a separate entity for tax or corporate purposes is not necessarily sufficient to
33 demonstrate that a business is independent. ]n determining whether an applicant is an
34 independent business, the City manager will:
35 (I) Scrutinize relationships with non-SIMBEs in such areas as personnel, facilities,
36 equipment, financial and/or bonding support, and other resources.
37 (2) Consider whether present or recent employer/employee relationships between the
38 SED owner(s) of the applicant and non-SMBEs or persons associated with non-
39 5MBEs compromise the applicant's independence.
40 (3) Examine the applicant's relationships with non-SMBE prime Contractors to
41 determine whether a pattern of exclusive or primary dealings with a prime contractor
42 compromises the applicant's independence.
43 (4) Consider the consistency of relationships between the applicant and non-SMBEs
44 with normal industry practice.
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I (e) In order to be certified as an 5MBE, a business must be a small business enterPrise and
2 must have a physical location, in the City's contracting marketplace, from which it engages in
3 for-profit activities in the scope(s) of its expertise.
4 (f) An applicant shall be certified only for specific types of work in which the SED owner(s)
5 has the ability and expertise to manage and control the business's operations and work.
6 (g) The City shall certify the eligibility of joint ventures in which the joint venture
7 participant are 5MBEs and non-SMBEs.
8 (h) In lieu of conducting its own investigation to determine whether an applicant is eligible
9 for certification, the City may consider a formal certification by another entity to determine
10 whether the applicant meets the requirements of the program, provided that the City manager
II determines that the certification standards of such entity are comparable to those of the City.
12 (i) Where federal or state law or regulations or any agreement between the City and a federal
13 or state agency requires different eligibility standards, the applicable federal or state standards
14 shall apply, including, if applicable, the regulations promulgated by the United States
15 Departments of Transportation and Housing for contracts involving federal funds. Where the
16 City is to receive, apply, administer, or use funds from the federal government or the state
17 government or any entity, agency, or grantee of either of them, if the City is required to apply
18 a disadvantaged business program or program whose purposes are to help ensure
19 opportunities for small businesses owned by socially and economically disadVantaged
20 persons, that other program, instead of this chapter, shall apply in the award and
21 administration of the contract.
22 (j) The certification status of all 5MBEs shall be reviewed biannually by the City manager.
23 Failure of a 5MBE to seek recertification by filing the necessary documentation with the City
24 manager within ninety (90) days from the date of receipt of written notice shall result in
25 decertification.
26 (k) It is the responsibility of the 5MBE to notify the City manager of any change in its
27 circumstances affecting its continued eligibility for the program. Failure to do so within a
28 reasonable time of the change may result in the business's decertification.
29 (I) The City manager shall decertify a business that does not continuously meet the eligibility
30 criteria.
31 (m) A business whose average annual gross receipts exceed the size standards for SBEs for
32 three (3) consecutive years shall graduate from the program.
33 (n) The City manager may decertify a 5MBE that repeatedly fails to respond to requests for
34 quotations from bidders who timely solicit participation on a contract, attend relevant pre-bid
35 conferences, or honor bids in good faith.
36 (0) A business that has been denied certification or recertification or been decertified may
37 protest the denial or decertification as follows:
38 (l) Within (7) days of receipt of denial of certification or recertification, or notice of
39 intent to decertify, the business may protest such action in writing to the City manager.
40 (2) A hearing shall be held by the City manager at which the business may present
41 additional facts and evidence in support of its eligibility. The City manager shall
42 control all aspects of the hearing, including schedUling, conduct, witnesses, and
43 evidence, and may request the attendance of witnesses and production of documents.
44 The applicant's failure to comply promptly with these requests may be grounds for
45 denial of relief sought by the applicant.
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I (3) The City manager shall send notice of the written decision to the business within
2 thirty (30) days of the hearing. The City manager's decision shall be final.
3 (p) A business found to be ineligible carmot apply for certification for one year after the
4 effective date of the final decision.
5
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7 Sec. 2-207. Goals
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9 (a) Annual goal. Small business participation goals will be set on a procurement by
10 procurement basis as set forth in this article. At the request of the City commission, but no
11 less than on an annual basis, the City Manager shall provide a formal report on small business
12 utilization and availability data to the City commission. Upon evaluating such data, the City
13 commission may establish or revise an annual participation goal for the next fiscal year.
14 (b) Annual budget detail. Each department shall, by no later than October I, provide the
15 City Manager with its annual budget detail. The City Manager shall compile a prospective
16 procurement list based on the annual budget detail received from the individual departments
17 and make these listings available to the City Commission for their use and consideration in
18 establishing procurement goals and to SMDEs for the purpose of providing them with
19 advance notice of upcoming opportunities.
20 (c) Goals for procurements over twenty-five thousand dollars. Specific goals for each bid or
21 proposal shall be adopted on a procurement by procurement basis.
22 (I) Criteria for bid or proposal goal establishment. In setting bid or proposal goals,
23 the following factors shall be considered:
24 a. The type of work required;
25 b. The contracting and subcontracting opportunities for small businesses,
26 including support and ancillary services, and the number of certified small
27 businesses available in comparison with other registered vendors;
28 c. Past and current experience of the City in meeting its goal and the results
29 and reasons therefore; and
30 d. Special circumstances relating to the procurement including, but not
31 limited to, scheduling constraints.
32 (d) The department responsible for the procurement shall prepare a report that identifies its
33 various components. 'The report will be submitted to the City Manager outlining the potential
34 contracting and subcontracting opportunities and the estimated percentage that each bears to
35 the total bid, proposal, work authorization, or procurement. The report shall show the scope of
36 the work for each component that has potential for being subcontracted and the qualifications
37 required of the subcontractor to do the work if they are not evident in the scope of work. The
38 report shall also identify if the procurement has any other specific requirements such as may
39 be imposed by a federallstate grant. The report is forwarded to the City Manager.
40 (e) The City Manager then compares the report against the listing of certified small business
41 vendor database to determine the availability of small businesses qualified to do the work in
42 each potential subcontract component, reviews the listing of other vendors and calculates the
43 goal for each bid, proposal and work authorization. Upon calculating the goal, the City
44 Manager shall provide the completed a report, the list of qualified small business vendors and
45 the list of other vendors to the procurement official, the department responsible for the
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I procurement, and all members of the goal setting team. The individual goal appro~~d by the
2 City Manager shall become final.
3 (I) No individual procurement goal for small business participation may exceed 50 percent. If
4 there are no available certified small businesses for the procurement, no goal will be
5 established.
6 (g) The established goal shall be applied to the full monetary value of the procurement; no
7 portion of the procurement is exempt from consideration in determining whether the goal was
8 met or not.
9 (h) In case of a certified small business submitting a bid as a prime contractor, the small
10 business is credited with meeting the percentage of the procurement goal that the small
II business will perform with its own forces plus the percentage of subcontractors awarded to
12 other certified small businesses.
13 (i) A single purpose joint venture or partnership consisting of a small business where the
14 small business owns and controls at least 51 percent of the entity and a non-small business,
15 functioning as a prime contractor, will be credited with small business participation on the
16 basis of percentage of ownership, participation in the work, risk and profit by the small
17 business.
18 (j) Bidders or proposers will receive credit for small business participation goal attainment
19 only for subcontractors who are certified and licensed, if required, in the specific area of
20 expertise for which credit is sought at the time of bid or proposal opening.
21 (k) Quotes for small procurements valued at $2,500.00 to $25,000.00. Whenever
22 practicable, the procurement official shall obtain quotes from small businesses when they are
23 listed on the computerized supplier lists by NIGP codes.
24 (I) Procurement card and other purchases valued at less than twenty-five hundred dollars.
25 The procurement official shall encourage the use of small businesses.
26 (m) For procurements using requests for proposals, the procurement official or, if applicable,
27 evaluation team established to evaluate the proposals, shall consider compliance with the
28 small business goals as a material criterion for selection, i.e., such goals shall be given
29 significant weight.
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33 Sec. 2-208. Counting participation of 5MBEs.
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35 (a) 5MBEs that are owned by SED persons who are not blacks or women may be counted by
36 the bidder towards either 5MBE goal.
37 (b) The entire amount of that portion ofa construction contract that is performed by the
38 5MBE's own forces shall be cOUhted, as well as the cost of goods obtained or leased by the
39 5MBE for the work of the contract (except goods the 5MBE subcontractor or joint venture
40 partner purchases or leases from the prime contractor or its affiliate).
41 (c) The entire amount of fees or commissions charged by a 5MBE for providing a bona fide
42 service, such as professional, technical, consultant or managerial services, or for providing
43 bonds or insurance specifically required for the performance of a contract, shall be counted,
44 provided the fee is reasonable and not excessive as compared with fees customarily charged
45 for similar services.
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I (d) When a 5MBE performs as a participant in a joint venture, only the portion of the total
2 dollar value of the contract equal to the distinct, clearly dcfined portion of the work'Ofthe
3 joint venture's contract that the 5MBE performs with its own forces and for which it is
4 separately at risk shall be counted.
5 (e) Only expenditures to a 5MBE that is performing a commercially useful function shall be
6 counted. To determine whether a business is performing a commercially useful function, the
7 City will evaluate the amount of work subcontracted, industry practices, whether the amount
8 the business is to be paid under the contract is commensurate with the work it is actually
9 performing and other relevant factors. To perform a commercially useful function, the 5MBE
10 must be responsible, with respect to goods used on the contract, for negotiating price,
II determining quality and quantity, ordering the goods, installing (where applicable) and paying
12 for the goods itself. A 5MBE does not perform a commercially useful function if its role is
13 limited to that of an extra participant in the contract through which funds are passed in order
14 to obtain the appearance of 5MBE participation. If a 5MBE subcontracts a greater portion of
15 the work of a contract than would be expected on the basis of normal industry practice, it is
16 presumed not to perform a commercially useful function. When a 5MBE is presumed not to
17 be performing a commercially useful function, the 5MBE may present evidence to rebut this
18 presumption at a time and manner as determined by the City manager.
19 (f) One hundred (100) percent of the cost of the goods obtained from a 5MBE manufacturer
20 or regular dealer shall be counted. "Manufacturer" means a business that operates or
21 maintains a factory or establishment that produces, on the premises, the goods required under
22 the contract. "Regular dealer" means a business that owns, operates, or maintains a store,
23 warehouse, or other establishment in which the goods of the general character described by
24 the specifications or required under the contract are bought, kept in stock, and regularly sold
25 or leased to the public in the usual course of business. To be a regular dealer, the business
26 must be an established business that engages, as its principal business and under its own
27 name, in the purchase and sale or lease of the goods. Packagers, manufacture representatives,
28 or other persons who arrange or expedite transactions are not regular dealers.
29 (g) One hundred (100) percent 0 f the fees for the delivery of goods required on a job site
30 shall be counted only if the payment and amount of such fees are customary in the applicable
31 industry. The cost of the goods shall not be counted towards the fees.
32 (h) If a 5MBE is decertified during its performance of a contract, the dollar value of work
33 performed after it has ceased to be certified shall not be counted.
34 (i) In determining achievement of project specific goals, the participation of a 5MBE shall
35 not be counted until that amount has been paid to the 5MBE.
36
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38 Sec. 2-209. Contract pre-award compliance procedures.
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40 (a) The City manager may prequalify all bidders or proposers based upon their efforts to
41 meet program objectives prior to the solicitation of bids for construction contracts with an
42 estimated contract amount over two hundred thousand dollars ($200,000.00) and proposals for
43 professional services contracts with an estimated contract amount over thirty thousand dollars
44 ($30,000).
45 (I) The City manager shall evaluate thc bidder's or proposer's past, current and future
46 activities and achievcments in utilizing M/WBEs on City projects and private scctor
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I projects, and its recruitment, retention and promotion of minority and womelL
2 employees and other relevant information.
3 (2) The City manager may refuse to prequalify a bidder or proposer.
4 (3) The City manager's denial of pre qualification may be appealed to the City council
5 in writing within seven (7) days ofreceipt. The City council's decision shall be final.
6 (4) That a bidder or proposer is denied prequaJification on a contract does not
7 prohibit it from seeking to prequalified on future contracts.
8 (5) A prequalified bidder or proposer must make good faith efforts to meet project
9 specific goals.
I 0 (b) . In all solicitations for which project specific goals have been established, the bidder shall
II submit a participation plan when required by the City manager detailing all subcontractors
12 from which the bidder solicited bids or quotations and its achievement of the project specific
13 goals or its good faith efforts to do so. The plan shall be submitted in accordance with the
14 schedule and instructions required by the City manager. If the bidder fails to achieve the
15 project specific goals, documentation of its good faith efforts to do so is due at the time
16 specified in the solicitation. The list of 5MBES provided by the City to a bidder establishes
17 the universe from which a bidder must solicit 5MBEs.
18 (c) Any agreement between a bidder and a 5MBE in which the bidder requires that the
19 5MBE not provide subcontracting quotations to other bidders is prohibited.
20 (d) 5MBEs shall respond to relevant requests for quotations.
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23 (f) In determining whether a bidder has made good faith efforts, the performance of other
24 bidders in meeting the project specific goals may be considered.
25 (g) A signed letter of intent from all listed 5MBEs describing the work, including goods and
26 services to be performed or provided by the 5MBE and the agreed upon dollar value for bids
27 or percentage of professional services pursuant to a request for proposals or description of the
28 services to be rendered pursuant to a request for qualifications shall be due in accordance with
29 the City manager's instructions.
30 (h) The City manager shall review the participation plan prior to award, including the scope
31 of work and the letters of intent from 5MBEs. The City manager may request clarification in
32 writing of items listed in the participation plan, provided such clarification shall not include
33 the opportunity to augment listed 5MBE participation or good faith efforts.
34 (i) If the City manager determines that the participation plan demonstrates that the project
35 specific goals have been achieved or good faith efforts were made, or that award is in the best
36 interest of the City, then the City manager shall recommend award to the City council.
37 (j) If the City manager finds that a bidder did not make good faith efforts, the City manager
38 shall send notice of the finding to the bidder.
39 (I) The bidder shall have seven (7) days from receipt of the notice to notify the City
40 manager of its request for a hearing.
41 (2) The City manager shall hold a hearing within fourteen (14) days, and shall control
42 all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and
43 may request the attendance of witnesses and production of documents. The bidder's
44 failure to comply promptly with these directions and orders may be grounds for denial
45 of the reliefsought.
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1 (3) Ibe City manager shall send notice to the bidder of the written decision on the
2 appeal within fourteen (14) days of the hearing. The City manager's decisiotCshall be
3 final.
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5 Sec. 2- 210 Good faith efforts.
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7 (a) Contractors submitting bids or proposals to provide goods, services and construction to
8 the City shall attempt to comply with small business participation goals. In the event the goals
9 are not achieved, the contractor must includc with its bid evidence of good faith efforts to
10 achieve the goals. A bidder or proposer may still be selected subject to the provisions of this
11 article, and the City shall consider the following criteria in determining good faith efforts:
12 (I) Attendance at the pre-bid conference, if held;
13 (2) Whether and when the contractor provided written notice to all certified small businesses
14 that perform the type of work to be subcontracted appearing on the listings by commodity
15 codes established by NIGP as published by the City Manager and advising the small
16 businesses:
17 a. Of the specific work the contractor intends to subcontract;
18 b. That their interest in the contract is being solicited; and
19 c. How to obtain information for the review and inspection of contract plans and
20 specifications;
21 (3) Whether the contractor selccted feasible portions of work to be performed by small
22 businesses, including, where appropriate, dividing work elements in any manner that
23 maximize the opportunity for small business participation. The ability of the contractor to
24 perform the work with its own work force will not in itself excuse a contractor from making
25 positive efforts to meet goals for small business participation on the contract;
26 (4) Whether the contractor considered all quotations received from small businesses, and for
27 those quotations not accepted, the contractor shall provide a written explanation of why the
28 small business will not be used during the course of the contract. Receipt of a lower quotation
29 from a non-small business will not in itself excuse a contractor's failure to meet project goals;
30 (5) Whether the contractor provided interested small businesses assistance in reviewing the
31 contract plans and specifications;
32 (6) Whether the contractor assisted interested small business businesses in obtaining
33 information regarding required bonding, lines of credit or insurance if such assistance was
34 necessary;
35 (7) Whether the contractor advertised the subcontracting opportunities in publications of
36 general circulation, trade associations, and small business focused media;
37 (8) Whether the contractor followed up initial solicitations of interest by contacting small
38 businesses to determine with certainty whether the small business was interested;
39 (9) Whether the contractor negotiated in good faith with interested small businesses, based
40 on a reasonable investigation of their capabilities;
41 (10) Whether the contractor effectively used the services of available small business
42 associations (community organizations, contractors business groups); local, state and federal
43 small business assistance offices; and other organizations that provide assistance in the
44 recruitment and placement of small business businesses;
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(II) Whether the contractor has utilized small business subcontractors on other (City and
private sector) contracts within six months preceding the date of the specific contract under
consideration;
(12) Whether the contractor's efforts were merely pro forma, given all relevant
circumstances, and could not reasonably be expected to provide sufficient small business
participation to meet the goals.
(b) This list is not intended to be all inclusive, and the City will consider the quality,
quantity, intensity and timeliness of the contractor's efforts. The City Manager shall develop
procedures and clarifications which provide objective guidelines pertaining to the criteria for
determining of good faith efforts.
( c) It is the responsibility of the contractor to exercise good faith efforts. Any act or omission
by the City shall not relieve the bidder or proposer of this responsibility.
Sec. 2- 211 Contracts
The following shall be included in the body of the contract with the City for the provision of
goods, services, and construction:
(I) A provision indicating that this article is incorporated by reference.
(2) A requirement that the contractor shall comply with the commitment to use small
businesses made in their proposal or bid. Small businesses that no longer remain associated
with the contract of the contractor shall be replaced with other certified small businesses
unless approval to the contrary is granted by the City Manager manager.
(3) A requirement to maintain relevant records and information necessary to document
compliance with this article and to permit the City to inspect and audit such records.
(Code 1979, S 2-462)
Sec. 2-212
Contract performance compliance procedures.
(a) The Finance Department will establish procedures for monitoring and evaluating
program performance and compliance. Failure to comply with the small business
requirements of an awarded contract may result in suspension or debarment of the businesses
or individuals involved in accordance with all applicable articles. Contracts shall provide that
the participation plan is binding on the contractor. Project specific goals become elements of
performance by the contractor in favor of the City.
(b) The contractor shall provide a listing of all subcontractors to be used in the performance
of the contract, and subcontractor payment information to the City with each request for
payment submitted to the City. The director and the user department shall monitor
subcontractor participation during the conrse of the contract and shall have reasonable access
to all contract-related documentation held by the contractor relevant to the contract.
(c) After the City and the contractor have executed the contract, the contractor shall not
make changes to the participation plan or substitute 5MBEs named in the participation plan
without the prior written approval of the City manager. Unauthorized changes or substitutions
shall be a violation of this chapter, and may constitute grounds for rejection of the bid or
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I proposal, termination of the contract for breach, thc withholding of payment and/or subject
2 the contractor to contract penalties or other sanctions. When a change is requested:
3 (I) All requests for changes or substitutions of the subcontractors named in the
4 participation plan shall be madc to the City manager on a form provided or approved
5 by the City, and shall clearly and fully set forth the basis for the request. A contractor
6 shall not substitute a subcontractor or perform the work designated for a subcontractor
7 with its own forces or with any other subcontractor unless and until the City manager
8 approves such substitution in writing. A contractor shall not allow a substituted
9 subcontractor to begin work until both the director and the City's project manager have
10 approved the substitution.
II (2) The facts supporting the request must not have been known nor reasonably should
12 have been known by either party prior to the submission of the participation plan. The
13 contractor must negotiatc with the subcontractor to resolve the problem. If requested
14 by either party, the City shall facilitate such a meeting. Where there has been a
15 mistake or disagreement about the scope of work, the 5MBE can be substituted only
16 where an agreement cannot be reached on commercially reasonable terms for the
17 correct scope of work.
18 (3) Thc City manager shall allow changes or substitutions of the subcontractor only
19 on the following bases:
20 a. Unavailability after receipt of reasonable notice to proceed;
21 b. Failure of performance;
22 c. Financial incapacity;
23 d. Refusal by the subcontractor to honor the bid or proposal price or
24 qualifications description;
25 c. Mistake of fact or law about the elements of the scope of work of a
26 solicitation where agreement on commercially reasonable terms cannot be
27 reached;
28 f. Failure of the subcontractor to meet insurance, licensing or bonding
29 requirements; or
30 g. The subcontractor's withdrawal of its bid or proposal or qualifications
31 description.
32 (4) The City manager shall give written notice to the contractor and the affected
33 subcontractor of the decision whether to permit or deny the proposed change or
34 substitution.
35 (5) Where the contractor has established the basis for the substitution to the
36 satisfaction of the City manager, or if the City requires the substitution of a
37 subcontractor listed in the participation plan, the contractor shall make good faith
38 efforts to fulfill the participation plan. The contractor may seek the assistance of the
39 City in obtaining a new 5MBE subcontractor. If the project specific goal(s) cannot be
40 reached and good faith efforts have been made, the contractor may substitute with a
41 non-SMBE.
42 (d) If a contractor plans to hire a subcontractor on any scope of work that was not previously
43 disclosed in the participation plan, the contractor shall obtain the approval of the City
44 manager to modify the participation plan and must make new good faith efforts to ensure that
45 5MBEs have a fair opportunity to bid on the new scope of work.
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(e) Changes to the scopes of work shall be documented by the user department a,t the time
they arise, to establish the reasons for the change and the effect on achievement of the 5MBE
goals.
(f) If the City manager determines that the contractor has failed to comply with the
provisions of the contract, the City manager shall notify the contractor in writing of the
deficiencies. The contractor shall have fourteen (14) days, or such time as specified in the
contract, to cure the deficiencies or establish that there are no deficiencies. If the deficiencies
are not cured, the City shall have the right to take all lawful actions.
Sec. 2-213
Contract language required
Every contract let by the City for the performance of work shall contain a provision
requiring the prime contractor to certify in writing that all small business subcontractors, sub-
consultants, and suppliers have been utilized in accordance with the participation levels
provided by the prime contractor at the time of contract and have been paid for work and
materials from previous progress payments received, less any retainage, prior to receipt of any
further progress payments. During the contract and upon completion of the contract, the City
shall require documentation from the prime contractor to certify utilization and payment to
small business subcontractors, sub-consultants or suppliers. This provision in no way creates
any contractual relationship between any subcontractor, sub-consultant, or supplier and the
City or any liability on the City for the contractor's failure to make timely payment to the
subcontractor, sub-consultant or supplier.
Sec. 2-214 Penalties.
(a) The following violations of this chapter are unlawful and may be prosecuted as a
misdemeanor.
(1) Providing false or misleading information to the City in connection with an
application for or challenge to certification, recertification or decertification as a
5MBE.
(2) Providing false or misleading information to the City in connection with
submission of a bid, responses to requests for qualifications or proposals, good faith
efforts documentation, post-award compliance or other program operations.
(3) Substituting 5MBE subcontractors without prior approval.
(4) Committing any other violations of this chapter.
(b) A contractor is subject to withholding of payments under the contract, termination of the
contract for breach, contract penalties, decertification as a 5MBE, or deemed non-responsive
or not responsible in future City solicitations and contract awards, if it is found to have:
(I) Provided materially false or misleading information in connection with this
chapter, an application for certification or recertification.
(2) Provided false or misleading information in connection with the submission of a
bid or proposal or documentation of good faith efforts, post-award compliance, or
other program operations.
(3) Failed in bad faith to fulfill project specific goals, thereby materially breaching
the contract.
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(4) Repeatedly failed to comply in good faith with substantive provisions of this
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Sec. 2-215
5MBE Program advisory board.
(a) The City may appoint a board to advise City Commission on the program and to review
proposed changes to this article and make recommendations to the City Commission for
modification of the program.
(b) The advisory board membership shall be appointed by City Commissioners. The City
Manager shall serve ex officio.
(c) Members shall serve two-year, staggered terms.
(d) Membership shall be composed of the following:
(I) Two (2) 5MBE construction business owners or representatives of disadvantaged,
minority or women construction trade associations.
(2) One (1) non-SMBE construction business owner or representative of general or
subcontracting construction trade associations.
(3) Two (2) 5MBE professional services business owners or representatives of
disadvantaged, minority or women professional services associations.
(4) One (I) non-SMBE professional services business owner or representative of
professional services associations.
(5) One (I) 5MBE non-professional services or commodities business owner or
disadvantaged, minority or women trade association.
(e) Each member shall serve without compensation and may be removed by the City
Commission without cause. All members must be residents of Palm Beach County and
preference shall be given to residents of the City.
(f) A chair and vice-chair shall be elected by a majority vote of the small business board and
shall serve for a term of one year. The duties of the chair shall be to preside at small business
board meetings. The vice-chair shall perform the duties of the chair in the chair's absence.
(g) Meetings of the small business board shall be held at the call of the chair or according to
a meeting schedule adopted by the board. Four members of the small business board shall
constitute a quorum and a majority of the quorum shall be sufficient to take action. The small
business board shall adopt such rules for its operation, meetings and proceedings as it deems
desirable.
Sec. 2-216
Annual Program review.
(a) 'The City Manager shall make an annual report to the City Commission, detailing the
City's performance under the program department by department for the preceding fiscal year.
(b) The City Commission will review this report, including the annual participation goals
and the City's progress towards meeting the annual participation goals and eliminating
discrimination in its marketplace, and revise the program as necessary to meet legal and
program requirements.
(c) If the City Commission finds that the objectives of the program have been achieved, the
City Commission, by super-majority vote may discontinue the program.
S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc
20
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Sec. 2-217
Notice.
All notices required or allowed by this chapter shall be in writing and shall be given either by
personal delivery, fax, or United States mail, addressed to the last-known address of the
addressee. The notice shall be deemed given at the time of actual delivery, if it is personally
delivered or sent by fax. If sent by United States mail, it shall be deemed given upon the third
calendar day following the day on which it is deposited with the United States Postal Service.
Sec. 26-218 Severability.
If any section, subsection, clause, or provision of this chapter is held to be invalid by a conrt
of competent jurisdiction, the remainder of the chapter shall not be affected by such
invalidity .
Sec.26-219 Waiver
(a) Whenever an emergency procurement is authorized by the City Manager pursuant to the
procurement code, the requirements of this article shall be deemed waived.
(b) Whenever the procurement official makes a single source determination pursuant to the
procurement code, the requirements of this article shall be deemed waived.
(c) The City Manager may waive compliance with this article if such compliance is no
longer possible or practicable during the period of performance of the contract.
Sec. 26-220 Limitation of Remedy
In the event of a challenge to the granting of any contract to a 5MBE by any other party, the
challenging party the sole remedy to the challenging party shall be the costs the challenging
party incurred in preparing its bid or proposal.
Section 3. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provision of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion
thereof be declared by a conrt of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5.
Section 6.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
FIRST READING this _ day of
,2006.
S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc
21
2 SECOND, FINAL READING AND PASSAGE this ~~ day of , 2006.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor -- Jerry Taylor
7
8
9 Vice Mayor - Carl McKoy
10
II
12 Commissioner - Robert Ensler
13
14
15
16 Commissioner - Mack McCray
17
18
19 Commissioner - Muir C. Ferguson
20 AITEST:
21
22
23
24 City Clerk
25
26
27 (Corporate Seal)
S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc
22
XII. - LEGAL- 2nd Reading
Non-Development
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
0 August I, 2006 July 17. 2006 (Noon.) 0
0 August 15,2006 July 31, 2006 (Noon) I:8J
0 September 6, 2006 August 14,2006 (Noon) 0
0 September 19,2006 September 5, 2006 ONoon) 0
Requested City Commission Date Final Form Must be Turned
Meetine Dates 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 ~90n) ': )--i
-,-<
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o
o
I:8J
o
o
o
n
City Manager's Report -;'
New Business 0"'
en
'}.-;.:'
:;:--"..
.. ~,~
cj
c::>
0)
~,;)-~
_:;:2:
.,.,ClJ
-1"'1
':;-)1>
(110
:J:
Legal
Unfmished Business
-0
RECOMMENDATION:
Staff recommends that the City of Boynton Beach adopt the proposed revisions to the Boynton Beach Administrative
Amendments to the 2004 Florida Building Code.
EXPLANATION:
To meet the requirements of Florida Statute 553, allowing contractors and developers that work in Palm Beach County to
have greater consistency in code application when performing work in the City of Boynton Beach.
PROGRAM IMPACT: None
FISCAL IMPACT: None
AL TERNA TIVES: Apply the Florida Building Code without the Administrative Amendments tailored to the specific
requirements of the Ci 0 Boynton Beach.
Quintus
City Manager's Si ature
Assistant to City Manager
~
Development Department
Department Name
City Attorney / Finance
SIBULLETIN\FORMSIAGENDA ITEM REQUEST FORMDOC
RESOLUTION NO. 06- n Co
2 A RESOLUTION OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING
4 FEES FOR LAND DEVEI~OPMENT RELATED
5 ACTIVITIES IN THE CITY OF BOYNTON BEACH, AND
6 PROVIDING AN EFFECTIVE DATE
7
8 WHEREAS, The City Commission for the City of Boynton Beach last adopted a Fee
9 Schedule for Land Development Activities on April 18, 1995 pursuant to the adoption of
10 Resolution No. R95-45; and
11 WHEREAS, the City Commission, pursuant to Part 111, "Land Development
12 Regulations", Chapter I, "General Provisions", Article 6, "Land Development Fees", has the
13 authority to establish fees for Land Development Activities pursuant to Resolution; and
14 WHEREAS, the City Commission for the City of Boynton Beach finds that the
15 adoption of this revised fee schedule is necessary and is in the best interest of the health,
16 safety and welfare of the citizens or residents of Boynton Beach.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
19
Section 1.
The above referenced whereas clauses are incorporated herein by
20 reference.
21
Section 2.
The fees for Land Development related activities attached hereto as
22 Exhibit "A", incorporated herein by reference, is hereby adopted as the fee schedule for those
23 related activities as indicated on the fee schedule. A copy of the fee schedule shall be
24 maintained in the City Clerk's office as well as the Planning and Zoning Department.
25
Section 3.
This Resolution shall become effective immediately upon its passage
26 and adoption.
I
PASSED AND ADOPTED this 3
day of October, 2006.
2
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18 ATTEST:
19
20
21 City Clerk
22
23 (Corporate Seal)
24
25
26
Mayor - Jerry Taylor
Vice-Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
FEES FOR LAND DEVELOPMENT RELATED ACTIVITIES
ACTIVITY
--~-_._._"._---_..__..---_.- .
Abandonments (easement orright-=-of-waYL
Annexations
Appeals
Administrative
Community Design Plan
First appeal (per code section)
Each additional appeal
--_.._.~,--_..~~------~--
Prooosed
$750
$500
$750
$500
$100
--
------- --------
Landscape Code
First appeal (per code section)
Each additional appeal
Comprehensive Plan Amendment (Map)
Up to 10 acres
10 acres or more
Comprehensive Plan Amendment (Text)
Comprehensive Plan Amendment Transmittal (to be paid prior to 2"0 Reading)
Conditional Use Approval'
Concurrent with site plan review (in addition to site plan review fee)
Use Only with no site/building modifications (in lieu of site plan review fee)
Development of Regional Impact (DRI) Review L
- Notice Of Proposed Change (NOPC)
New DRI or Substantial Deviation
Review of Annual Reoorts
Height Exception
Legal review of documents (i.e. cross-access agreements and leased
oarkinq aqreements)
Master Plan Review (within a conventional zoning district)
Less than 10 acres
10 acres or more
Master Plan Modification (reaardless of zonina)
Minor Site Plan Modification
Arch./elevation changes only (i.e. only requiring review by P &Z division)
Multiple changes to a single structure and/or site and/or requires review by
more than one division or department.
Multiple modifications to multiple buildings and requires review by more
Than one division or deoartment(i.e. M-U or POD).
New Site Plan or Major Site Plan Modification Review (total project sq. ft.)
Up to 2,999 sq. ft.
3,000 - 9,999 sq. ft.
10,000 - 29,999 sq ft
30,000 - 99,999 sq
100,000 - 499,999 sq ft
500,000 + sa ft
PID District Use Approval
PID District Code Waivers
First waiver (per code section)
Each additional waiver
Plannina& Zoning Permit Reviews will be based on hourlv salary plus 35% for
$500
$100
$750
$1,000
$1,000
Existina
$500_
$750/$1,000
$200
$400
$100
$200
$100
$750
$1,750
$250
--l
I
I
I
!
---1
,
$500 $250-1
,
____ _______1
I
$1,500/$1,000 I
New !
I
'-1
,
,
$1,000
$750
f-------
$1,500
$5,000
$400
$250
$500
$1,000
$1,500
$750
$150
$500
$750
$750
$1,000
$1,500
$2,000
$2.500
$3,000
$750
$100
$50
Hourly rate
New
New
$250
$400
$1,000
$1,500
$500
$100
-I
i
--l
-- --I
,
I
,
I
I
-------.-<
,
,
- -l
$750/ $1,500 I
,
I
,
!
$250
New
New
--- --
---.. . ---
fringe benefits, and will be tabulated at time of permit review and paid when Hourly New
permit is issued. Rate
Platting
Pre-application process (credited toward plat fee) $1,000
Plat review $3,000
,.ostponement
Without re-advertisement and re-notification to property owners $25 $25
Re-advertisement reauired (in addition to leaal ad/notification costs) $50 New
Pre-application meetings (charge for 3'u meeting held within a three month
period, and involving 2 or more disciplines. Fee will cover the hourly salary of
employees involved in the meeting, plus 35% for fringe benefits. Can include Hourly New
Public Works, Engineering, Utilities, Building, Fire, Police, and Parks.) Rate
Due UDon application submittal
Rezoning
Conventional district
Up to 10 acres $750 $750
More than 10 acres $1,000 $1,000
Planned District Rezoning (Le. IPUD, PUD, PCD, PID, MU, SMU)
Up to 10 acres $1,000 $1,000
More than 10 acres $2,000 $1,500
When site plan is filed in lieu of Master Plan3 $750 New
Site Plan Time Extensions $500 $400
Telecommunications (preliminary review in accordance with Chapter 10)
Co-locations I Tower Siting 1 Tower Replacements $200 New
New Lease 1 Lease Revisions $1,500 New
Variances
First variance (per code section) $500 $400
Each additional variance $100 $100
Waivers
Sidewalk $100 $100
Administrative $200 $200
ZoninQ Code/LDR Amendment (after City Commission review) . $1,000 $250
Zoning Verification Letter (or other requests for written responses to inauires) $35 $25
General Notes:
Fees are not refundable after staff review has begun unless noted otherwise herein.
Applications will be automatically cancelled if a check is returned; to re-apply an applicant must pay the published fee plus
the fee for returned checks established by resolution.
Activities requiring noticing in the local newspaper (PB Post) shall remit the current advertising fee to cover said costs.
Footnotes:
1 Fee covers two reviews. Additional reviews will be billed to the applicant based on the hourly salary of employees
involved in the review, plus 35% for fringe benefits.
2 A deposit of $1 ,500 for an NOPC application, and $5,000 for a new DRI or Substantial Deviation, will be required at time
of application filing. Cost of advertising, and Staff time will be billed to applicant based on hourly salaries plus 35% for
fringe benefits. Costs for current legal ad/public notices will also be paid at time of filing.
3 When a site plan application is filed in lieu of a Master Plan for a mixed-use district, the corresponding site plan fee will
10 apply.
41f the commission denies request at preliminary review, $750 will be reimbursed.
S:\Planning\SHARED\WP\SPECPROJ\Applicalion Fees\Proposed Amendment to Fee Schedule.doc
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XII. - LEGAL
ITEM E.l
Q(
,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
y
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
MeetinlZ: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
0 August 1. 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) L8J 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 AnnouncementsfPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda L8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Approval of proposed settlement of attorney's fees and costs for B. Douglas MacGibbon,
counsel for Doris Jefferson.
The City Commission authorized dismissal of the Heart of Boynton Eminent Domain
suits following the May 11, 2006 change of taw which precludes involuntary acquisitions
for redevelopment. pursuant to Chapter 73, Fla. Stat. the City is required to pay Mr.
MacGibbon's attorney's fees and appraisal fees. The City Attorney has negotiated a
settlement of $5,000.00 for attorney's fees and appraisal fees of $1,000.00. The details of
the settlement are set forth in the attached Joint Stipulation for Entry of Agreed Order.
EXPLANATION:
PROGRAM IMPACT:
N/A
$6,000.00 (302-4198-580-61-01)
None
City Attorney's Office
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
IN THE CIRCUiT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORfDA
Petitioner,
CASE NO. 502006 CA 004137 XXXX MB AO
vs.
(Parcel 125)
MARW AN GRALl, SUHAIR GALl,
JOHNNY LEE ROBERTS, individually
and d/b/a ROBERTS RESTAURANT,
BETTY J. ROBERTS, individually and
d/b/a ROBERTS RESTAURANT,
ALBERTA K. BELL, individually and
d/b/a JS CONVENIENCE STORE or BELLS
QUICK STOP, OCT A VIA BELL, individually and d/b/a
JS CONVENIENCE STORE or BELLS QUICK STOP,
BELLS QUICK STOP, INC., an involuntarily dissolved Florida
COrporation, DORIS JEFFERSON, JAMES JOHNSON, JR., et.al.
Respondents.
1
JOINT STIPULATION FOR ENTRY OF AN AGREED ORDER
GRANTING RESPONDENT, DORIS JEFFERSON
ATTORNEYS' FEES AND COSTS
Petitioner and Respondent, DORIS JEFFERSON, by and through their undersigned
counsel hereby stipulate and agree to entry of an Agreed Order Granting Respondents, DORIS
JEFFERSON, Attorneys' Fees and Costs, a copy of which is attached hereto as Exhibit nA."
Kerry 1. Ezrol, Esquire
Florida Bar No.615900
Goren, Cherof, Doody & Ezrol, P.A.
Attorneys for City of Boynton Beach
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771 -4500
Facsimile: (954) 771-4923
C\Docume",s and SethngslferraraJlLoea' SettingslTemporary Interne, File,IOLKIFVOINT STIPULATION FOR ENTRY OF AN AGREED
ORDER (Jefferson)).doc
B. Douglas Mac Gibbon, Esquire
Florida Bar No. 438332
Vance, Doney & MacGibbon, P.A.
Counsel for Respondent, Doris Jefferson
1665 Palm Beach Lakes Boulevard
The Forum, Suite 610
West Palm Beach, FL 3340]
Telephone: (561) 242-9400
Facsimile: (561) 424-2433
CITY OF BOYNTON BEAClf.
a FloIlda mlJIJicipal corporation,'
Petitioner
,
IN THE CIRcrm COUR
fUDIClA.L CIRCUIT IN ~F T1J.E 15TH
BEACH COUNTY, FLOJ(JnA FOR. PALM
Vs.
CASE NO. 502"", CA 004137 XXXX Am AO
(Parcel 125)
MAR. WAN GIiA.LI, SUIiA.IR.. GALL
et.al., ,
R.espOndents.
/
AGIQEJ) ORDER. GR.A.ivT1lVG
AlTO'""yS' ':::~~~~s'iil<JS J...."SON
THIS CAUSE carne before this Co
. "" '"""'''''' ~ 'b, ""P"'6", 'f 'b, .
C,," b"',"g eo",;'''', 'b, . P""'''. 17"
e s IpulatJon ilJJd being otherwise dUI . .
~"nI;'gly. y "'",'" '" 'b, "'''"'; '" ;, ;,
ORDERED ANn A.J)TTr.-..
-uuGED as fOllows:
I. """",,,,,, Dol<Js JEF... . .
SON, IS entJt1ed to attOIl1eyS' fi f
''''''''r$J, 000. 00. """ $5,000.00 ""
Petitioner shall Pay to \I ilJJ D
ce, Oney & MacGibbo P A
. , . . ,tb, "'m of $6 00tJ '"
0) do", of,""" of W, 0,'''' . "
'D ORDERED, in West Palm Beach P
, aIm Beach COUnty, Florida, this
--------,2006 _____
Copie.
Kerry
Laudero
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XII. - LEGAL
ITEM E.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Conunission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin2 Dates in to City Clerk's Office Meetin!! Dates in to City Clerk's Offig;
D August 1, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon)
D August 15,2006 July 31, 2006 (Noon) ~ October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August J 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 AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda ~ Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION:
Approval of proposed settlement of attorney's fees and costs for Barry S. Balmuth,
counsel for Wade L. King (Parcel Nos. 118 & 126).
EXPLANATION:
The City Commission authorized dismissal of the Heart of Boynton Eminent Domain
suits following the May II, 2006 change of law which precludes involuntary acquisitions
for redevelopment. Pursuant to Chapter 73, Fla. Stat. the City is required to pay Mr.
Balmuth's attorney's fees and appraisal fees. The City Attorney has negotiated a
settlement of$8,142.50 for attorney's fees and appraisal fees of $3,200.00. The details of
the settlement are set forth in the attached Joint Stipulation for Entry of Agreed Order.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
$11,342.50 (Aecount 302-4198-580-61-01)
ALTERNATIVES:
None
~~
ity Manager's Signature
-
City rtttorney's Office
Department Name
C/141-
H:\2006\060141 - Ghali\agenda request.doc
S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502006 CA 002933 XXXX MB AO
Petitioner,
(Parcels 118 and 126)
Ys.
MARW AN GHALI, SUHAIR GALl,
BLANCHE H. GIRTMAN, JAMES L.
KING, W A YDE L. KING, LEROY KING,
DOLLIE ROBINSON, and JOHN K.
CLARK, TAX COLLECTOR,
Palm Beach County,
Respondents.
I
JOINT STIPULATION FOR ENTRY OF AN AGREED ORDER
GRANTING RESPONDENT, WAYDE L. KING
ATTORNEYS' FEES AND COSTS
Petitioner and Respondent, W A YDE L. KING, by and through their undersigned counsel,
hereby stipulate and agree to entry of an Agreed Order Granting Respondent's, W A YDE L.
KING, Attorneys' Fees And Costs, a copy of which is attached hereto as Exhibit "A."
Kerry L. Ezrol, Esquire
Florida Bar No.615900
Goren, Cherof, Doody & Ezrol, P.A.
Attorneys for City of Boynton Beach
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
Telephone: 954771-4500
Facsimile: 954 771-4923
Barry S. Balmuth, Esquire
Florida Bar No. 868991
Barry S. Balmuth, P.A.
Counsel for Respondent, Wayde L. King
Centurion Tower
II th Floor
1601 Forum Place, Suite 1101
West Palm Beach, FL 33401
Telephone:(561) 242-9400
Telefax:(561) 424-2433
C:\Documents and Settings\fcrraral\Local Settings\Temporary Internet Files\OLKl F\JOINT STIPULATION FOR ENTRY OF AN A(iREED
ORDER (2).doc
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502006 CA 002933 XXXX MB AO
Petitioner,
(Parcels 118 and 126)
vs.
MARW AN GHALI, SUHAIR GALl,
et.al.,
Respondents.
/
AGREED ORDER GRANTING RESPONDENT, WAYDE L. KING ("KING"),
ATTORNEYS' FEES AND COSTS
THIS CAUSE came before this Court pursuant to the stipulation of the parties. The
Court having considered the stipulation and being otherwise duly advised in the premises, it is
accordingly,
ORDERED AND ADJUDGED as follows:
I. Respondent, KING, is entitled to attorneys' fees of $8,142.50 and appraisal fees
for Johnson Parish of$3,200.00.
2. Petitioner shall pay to Barry S. Balmuth, Esquire, the sum of $11,342.50, within
thirty (30) days of entry of this Order.
DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida, this _
day of
,2006.
CIRCUIT COURT
Copies furnished:
Kerry L. Ezrol, Esquire, Goren, Cherof, Doody & Ezrol, P.A., 3099 E. Commercial Blvd., Fort
Lauderdale, Florida 33308
Barry Balmuth, Esquire, 1601 Forum Place, Suite 1101, Centurian Tower _ 11th Floor, Wcst
Palm Beach, FL 33401
C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKl F\agreed order (granting kings attys fees costs).doc
..Vf
. r-
XII. - LEGAL
ITEM E.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting: Dates in to City Clerk's Office Meetine: Dates in to Citv Clerk's Office
0 August 1, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September J 8, 2006 (Noon)
0 August 15.2006 July 31, 2006 (Noon) IZ;J 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 0 Consent Agenda IZ;J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Approval of proposed settlement of attorney's fees and costs for Barry S. Balmuth,
counsel for James Johnson.
EXPLANATION:
The City COmmission authorized dismissal of the Heart of Boynton Eminent Domain
suits following the May II, 2006 change of law which precludes involuntary acquisitions
for redevelopment. Pursuant to Chapter 73, Fla. Stat. the City is required to pay Mr.
Balmuth's attorney's fees and appraisal fees. The City Attorney has negotiated a
settlement of $4,800.00 for attorney's fees, costs of $140.00 and appraisal fees of
$2,000.00. The details of the settlement are set forth in the attached Joint Stipulation for
Entry of Agreed Order.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
$6,940.00 (Ace!. 302-4198-580-61-01)
None
k
City Manager's Signature
City Attorney's Office
Department Name
nager
~
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502006 CA 004137 XXXX MB AO
Petitioner,
(Parcel 127)
vs.
MARW AN GHALl, SUHAIR GALl,
JOHNNY LEE ROBERTS, individually
and d/b/a ROBERTS RESTAURANT,
BETTY J. ROBERTS, individually and
d/b/a ROBERTS RESTAURANT,
ALBERTA K. BELL, individually and
d/b/a JS CONVENIENCE STORE or BELLS
QUICK STOP, OCT A VIA BELL, individually and d/b/a
JS CONVENIENCE STORE or BELLS QUICK STOP,
BELLS QUICK STOP, INC., an involuntarily dissolved Florida
Corporation, DORIS JEFFERSON, JAMES JOHNSON, JR., et.al.
Respondents.
/
JOINT STIPULATION FOR ENTRY OF AN AGREED ORDER
GRANTING RESPONDENT, JAMES JOHNSON
ATTORNEYS' FEES AND COSTS
Petitioner and Respondent, JAMES JOHNSON, by and through their undersigned
counsel hereby stipulate and agree to entry of an Agreed Order Granting Respondents, JAMES
JOHSNON, Attorneys' Fees And Costs, a copy of which is attached hereto as Exhibit "A."
Kerry L. Ezrol, Esquire
Florida Bar No.615900
Goren, Cherof, Doody & Ezrol, P.A.
Attorneys for City of Boynton Beach
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
Telephone: 954771-4500
Facsimile: 954771-4923
Barry S. Balmuth, Esquire
Florida Bar No. 868991
Barry S. Balmuth, P.A.
Counsel for Respondent, James Johnson
Centurion Tower
II th Floor
1601 Forum Place, Suite 1101
West Palm Beach, FL 33401
Telephone:(561) 242-9400
Telefax:(561) 424-2433
C:\DOCllments and Scttings\fcrraral\Local Settings\Temporary Internet Files\OLKIF\JOfNT STIPULATION FOR ENTRY OF AN AGREED
ORDER-doc
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502006 CA 004137 XXXX MB AO
Petitioner,
(Parcel 127)
vs.
MARW AN GHALI, SUHAlR GALl,
et.al.,
Respondents.
1
AGREED ORDER GRANTING RESPONDENT, JAMES JOHNSON
ATTORNEYS' FEES AND COSTS
THIS CAUSE came before this Court pursuant to the stipulation of the parties. The
Court having considered the stipulation and being otherwise duly advised in the premises, it is
accordingly,
ORDERED AND ADJUDGED as follows:
I. Respondent, JAMES JOHNSON, is entitled to attorneys' fees of $4,800.00 and
costs of$140.00, plus appraisal fees for Johnson Parish of$2,000.00.
2. Petitioner shall pay to Barry S. Balmuth, Esquire, the sum of $6,940.00, within
thirty (30) days of entry of this Order.
DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida, this __
day of
,2006.
CIRCUIT COURT
Copies furnished:
Kerry L. Ezrol, Esquire, Goren, Cherof, Doody & Ezrol, P.A., 3099 E. Commercial Blvd., Fort
Lauderdale, Florida 33308
Barry Balmuth, Esquire, 1601 Forum Place, Suite 1101, Centurian Tower _ II th Floor, West
Palm Beach, FL 33401
C\Documents and Settings\ferraraJ\Local Settings\Temporary Internet Files\OLKIF\agreed order (grantingjohnsons attys fees costs).doc