Agenda 02-13-07
,
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
February 13, 2007
Jerry Taylor
Mayor - At Large
,
Ron Weiland
Commissioner - District I
Mack McCray
Commissioner - District II
Jose Rodriguez
Commissioner - District III
Carl McKoy
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
,.
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
Item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. "
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
February 13, 2007
6:30 P.M.
I. OPENINGS:
D. Agenda Approval:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein, 2nd Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner MacK:~cCray
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members oUhe CitYComml~~ion
B. Correspondence from Greenberg Traurig re: Promenade
III. ANNOUNCEMENTS, COMM:MUNITY & spetlAl..EVENTS & PRESENTATIONS
A. Announcements:
1. The Boynton Beach Heritage Celebration will be held February 23, 24, & 25,
2007. Activities cat the Hester Center include children's activities, sports
tournaments, ar1'dexhibits, and entertainment featuring Suave Smooth, JRed,
8oot~eg and Tampa Tony. Koo/ & the Gang will perform a FREE concert on
Saturdlay, February 24th, 7 p.m. to 10 p.m., on East Ocean Avenue.
2. Bqynton Beach City Library's Heritage Celebration and African-American
History Month Activities.
Calendar of Events
Feb. 16 3:30 p.m.
Feb.1? 1 p.m.
Feb. 21 6 p.m.
Feb. 22 6 p.m.
Feb. 23 1:30 p.m.
Harriett Tubman - Performance artist will portray Harriett Tubman at the
Schoolhouse Children's Museum.
The American Constitution - Author Cathy Travis will inform us about our
history and our government workings in plain English.
African American Family Film Festival - A movie, suitable for all audiences,
which is related to African American Heritage will be shown.
African American Film Niaht: Stormy Weatherwith Lena Horne.
Insiaht into Remote Africa - A PowerPoint presentation of photos taken by a
Library patron in remote parts of Africa. A brief history of the different regions
and a description of the culture will be presented.
1
Agenda
Regular City Commission
Boynton Beach, FL
February 13, 2007
Feb. 24 2 p.m.
African American Tribute Show - United Teens in Action (teen volunteers) will
produce a skit taking place in a classroom where they discuss famous and not so
famous African Americans.
African American Familv Film - A movie, suitable for all audiences, which is
related to African American heritage will be shown.
Feb. 24 3 p.m.
B. Community and Special Events:
A. Gang Free Bovnton Beach "Kids Night Out" with the Original Harlem
G/obetrotters, March 5, 2007 at the FAU Arena, BOc.;q Ri:itotl]WFifty elementary
school age children will be awarded tickets fcplrl;their:d~~wings depicting
alternative activities to joining a gang.
C. Presentations:
1. Proclamations
None.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE L1~d'ED;T03 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute all()~~nce may need to be adjusted
depending on the level of business coming before the City Commission)
v. ADMINISTRATIVE:
A. Accept the resignation of:~lfr~d Levy as a regular member of the Community Relations
Board.
B. Accept the resignqtidn [William Kull as a regular member of the Veterans Advisory
Commission.
C. Appointments:
Appointment
To Be Made
III Rodriguez
IV McKoy
II McCray
Weiland
Mayor Taylor
I Weiland
IV McKoy
Mayor Taylor
Board
Length of Term
Expiration Date
Bldg. Bd of Adj & Appeals
Alt
1 yr term to 4/07 Tabled (2)
Cemetery Board
Alt
1 yr term to 4/07
Code Compliance Board
Alt
1 yr term to 4/07 Tabled (2)
Community Relations Board
Alt
1 yr term to 4/07 Tabled (2)
Education and Youth Advisory Board
Education and Youth Advisory Board
Education and Youth Advisory Board
Alt
Alt
Reg
1 yr term to 4/07
1 yr term to 4/07
2 yr term to 4/07 Tabled (3)
Library Board
Alt
1 yr term to 4/07
2
Agenda
Regular City Commission
Boynton Beach, FL
February 13, 2007
IV McKoy Library Board
IV McKoy Recreation & Parks Board
Mayor Taylor Recreation & Parks Board
Mayor Taylor Senior Advisory Board
VI. CONSENT AGENDA:
Alt
1 yr term to 4/07 Tabled (2)
Alt
Reg
1 yr term to 4/07 Tabled (2)
3 yr term to 4/08
Reg
2 yr term to 4/07
Matters in this section of the Agenda are proposed and recommendeq:!~y;~he City Manager
for "Consent Agenda" approval of the action indicated in e~ch i.t*~~. with all of the
accompanying material to become a part of the Public Record and:5ubj~ ro;;~taff comments.
A. Minutes
1. Agenda Preview Conference - January 12, 2Q07
2. Regular City Commission - January 16, 2007
B. Bids and Purchase Contracts - Recommend Approval -AII~xpenditures are approved
in the 2006-2007 Adopted Budget.
1. Approve the piggyback of~e CroOF WE;ST PALM BEACH, BID #03/04-06,
to FLORIDA HIGHWAY PRqDUCTS, INC.. forthe microsurfacing of roadways in
the estimated amount of $3q5,983.
2. Approve aiHqntract with Vila Son in the amount of $79,927.50 for
installation of'lcH'!clscaping for the Southeast Neighborhood Park based on the
existing City's antlUql contract with Vila & Son. (Proposed Resolution No.
R07-)
C. Resolutions:
1. Proposed:R~.lution No. R07- RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Mario Doran for the property at 1112 Seagrape Road, Lake Worth,
fiL (Hypoluxo Ridge Add 2 Lot 52).
2. Proposed Resolution No. R07- RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Maria Barrera for the property at 1049 Highview Road, Lantana, FL
(Ridge Grove Add No 1 Lot 212).
3. Proposed Resolution No. R07- RE: Approving and
authorizing execution of a two-year service and support agreement with
TelVue Virtual Television Networks (TVTN) to remotely organize, update and
maintain the City's public access television station at no cost to the City.
4. Proposed Resolution No. R07- RE: Approving and
authorizing execution of Task Order No. U07-20-1 with Wantman Group, Inc.
3
Agenda
Regular City Commission
Boynton Beach, FL
February 13, 2007
in the amount of $591,280 to provide engineering services for route analysis,
field survey, design, permitting and bid phase services for the Regional Force
Main and SE 6th Avenue Lift Station Project, plus an owner's contingency of
10% in the amount of $59,128 for a total of $650,408.
5. Proposed Resolution No. R07- RE: Approving and
authorizing execution of a contract between 4th St. LLC and the City of
Boynton Beach for a live fire training burn of a building located at 416 SE 4th
Avenue.
6. Proposed Resolution No. R07- RE:, A~m.~qving and
authorizing execution of an agreement with WorkfQ~C~ Allianc~I~fJ\,.f~m:tierance
of an approved Employed Worker Training Grant f6r$47.,711 to rra,H"up to 31
employees.
7. Proposed Resolution No. R07- .. .. RE: Ratifying the action
of the South Central Regional Wastewater Treatment ~.IDlsposal Board.
a. Approving Hazen andlSawyer'~.'=onsultingtServices Work Order No. 07-
004 to provide engi~#EH;I1~, perl1Wlitting, and bidding services for the
reclaimed water sy~em eXRft~sionqmi the amount of $597,920 to be
split 50/50 from eaph City's ca[wital Funds.
b. Approving Hazen andSawyer'~Consulting Services Work Order No. 07-
003 to provide engineering, permitting, bidding and construction phase
services for construction and testing of deep injection well in the
amount of$363,900 to be split 50/50 from each City's Capital Funds.
8. Propq$E!d Resql.utionNo. R07- RE: Approving and
authorizingrevisiOIl~ to the City of Boynton Beach Job Title listing previously
qpproveqi~y the.,06mmission by Resolution No. R06-087.
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9. Prop~~d'~~~olution No. R07- RE: Approving and
authorizll'i9 execution of an interlocal agreement with funding in the amount
Qf $300,000 with Palm Beach County as a partner to implement the Youth
Violence Prevention Project (YVPP) in a targeted area of the City of Boynton
Beach.
10. Proposed Resolution No. R07- RE: Approving and
authorizing execution of a Project Agreement in an amount not to exceed
$35,000 from the Recreation Assistance Program (RAP) - District 3 ($10,000)
and Engineering Capital Funding - District 7 ($25,000) to assist with costs for
Boynton Beach Little League field improvements.
D. Approve the execution of a Special Warranty Deed to convey ownership of the Old
High School buildings to the Boynton Beach Community Redevelopment Agency
(CRA).
4
Agenda
Regular City Commission
Boynton Beach, FL
February 13, 2007
E. Approve full release of surety for the project known as Quantum Park Townhomes
East & West (aka Parkside), in the amount of $789,542.60, and to return the original
performance bond no. SU5003089 from Arch Insurance Company in this amount to
the developer, D. R. Horton, Inc.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER ASiTHEMGENDA PERMITS
!',
The City Commission will conduct these public hearings in itsd...~" capadlt!t~~dllocal
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Descri ption:
B.
Project:
Agent:
Owner:
Location:
Descri ption:
c.
Project:
Agent:
Owners:
Location:
Descri pEon:
306 SW 5th Avenue/Jenkins (ZI\l~~f()?t~()l)
Steve and Anna Jenkins .
Steve and Anna Jenkins
306 SW 5th Avenue . tt.,
Relief from Chapter 2, ZO'l'lliI'lg, SectlbHi!tS.D.2.a. of the Land
Development Regulatiorrt~,t, requlr~t!lg a minimum rear setback of 20
feet, to allow a 7 fQot' vari~nFe, res~'ting in a 13 foot rear setback
for a solid-roof screen enclos~~e on property zoned R-1-A
Cortina at Boynton"iUagE!~SPTE 06-012)
Stepnan B. Liller, K. Hovnc3l1ian Homes
Hovstdh~lf,roperties Florida, LLC
Boynton '..V'"~ge, northeast corner of Old Boynton Road and
qpt'l9~~?s Aveij\ile
iReqy~ij;~~~ a t~me (1) year site plan time extension for site plan
approval9n:mted on September 20, 2005, from September 20, 2006
to$eptember 20, 2007.
The learning Place II (SPTE 07-001)
Scott and Catherine Freeland
Scott and Catherine Freeland
8515 Lawrence Road, east side of Lawrence Road, immediately
south of Citrus Cove Elementary School and the LWDD L-21 Canal.
Request for a one (1) year site plan time extension for site plan and
conditional use (COUS 04-006) approval granted on October 18,
2005, from October 18, 2006 to October 18, 2007.
5
Agenda
Regular City Commission
Boynton Beach, FL
February 13, 2007
D.
Project:
Agent:
Owner:
Location:
Descri ption:
E.
Project:
Agent:
Owner:
Location:
Descri ption:
F.
Project:
Agents:
Owner:
Location:
Descri ption:
G.
Project:
Agent:
Owner:
Location:
Description:
H.
Project:
Agent:
Owner:
Location:
Descri ption:
Fire Station #5 (CDPA 07-002)
David Stump, Project Manager, Engineering Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High Ridge Road, south
of Gateway Boulevard.
Request for Community Design Plan Appeal approval to allow
overhead bay doors to face High Ridge Road.
Fire Station #5 (NWSP 07-002).:;.;
David Stump, Project Manager, EngineeringiPlvision
City of Boynton Beach
Quantum Park lots 81 and 82; east side of;;lHlgh Ridge ~outh
of Gateway Boulevard.
Request new site plan approval to ~qrsp-llct a.~,?-story, 42,739
square foot fire rescue station toalso inl~~Re Fir~:iAdministrative
offices, ITS, the Emergency Operatioh Center fCmpC) and related site
improvements on a 4.47-acre site zoned <Planned Industrial
Development (PID).
Citrus Park (MPMD ()7"001)
Marilyn Bonora, Prir:ne;Mah~gemehtirsroup, Wendy and Ross Cooper
Prime ManagementGroup
Citrus Park PUD; south of Miner. Road and east side of Lawrence
Road
Reqtiestfor a master pli:inhh'odification to reduce the minimum side
yard set~qc.;k for swimming pools from twelve (12) feet to four (4)
feet and the. minimum side yard setback for screen-roofed screen
enclo&ures from twelve (12) feet to three (3) feet on the non-zero
side of certain lorn.
Polio Campero (NWSP 07-003)
OsqarTaioe, Kimley-Horn & Associates, Inc.
1~50Congress Avenue, LLC
Bqynton Town Center; east side of Congress Avenue, approximately
820 feet north of Old Boynton Road.
Request for new site plan approval to construct a 3,289 square foot
drive-through restaurant and related site improvements on out lot
#4 of the approved Boynton Town Center project.
Banks in Quantum Park (USAP 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park
Request to amend the list of approved uses for the Quantum Park
Planned Industrial Development (PID) to include banks.
6
Agenda
Regular City Commission
Boynton Beach, FL
February 13, 2007
1.
Project:
Agent:
Owner:
Location:
Description:
Quantum Park Lot 1 - OPH Bank (MSPM 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park Lot 1; north side of Gateway Boulevard, east of
Congress Avenue. (Original Pancake House)
Request for major site plan modification to convert the existing
4,710 square foot restaurant to a 5,267 square foot bank on a 1.15
acre parcel zoned Planned Industrial Development (PID).
IX. CITY MANAGER'S REPORT:
A. Temporary Housing of Police Department and Code Enforcement
X. FUTURE AGENDA ITEMS:
A. Feasibility of Saturday hours for the Building Division(M~n:lli#~07)
XI. NEW BUSINESS:
A. Discussion of Gang Exclusionary Zones
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None.
B. Ordinances - 2n~Rea~ing - Non-Development - PUBLIC HEARING
1. PropO$e~I~rdi"~I1(:e No. 07-002 RE: Amending
O~~inanc~:!05-06~tto provide that the art fee does not apply to projects
twlf1~~~;,ha~l;~~~Ii€ations pending on or before October 5, 2005; providing
thatt~~ t 30% of the 1% (.03) Public Art fee is collected by the Building
Departm~l1It at time of Building Permit issuance and the 70% of the 1 %
(.07) prior to and as a condition of issuance of the certificate of occupancy
which includes the Public Art. (Tabled to February 13, 2007)(City
Manager requests tabling to March 5, 2007)
C. Ordinances - 1st Reading
1. Proposed Ordinance No. RE: Amending the
Land Development Regulations, Chapters 5, 6 & 7 to clarify that all public
and private development projects are subject to surety requirements.
D. Resolutions:
1. Proposed Resolution No. R07- Re: Appointing a
representative to The Greater Boynton Beach Sister Cities Committee, Inc.
7
Agenda
Regular City Commission
Boynton Beach, FL
February 13, 2007
E. Other:
None.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT ;lqANY Mt~~yONSIOER~P AT THIS MEmNG,
HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEEQTO EN$UkE THA~.~VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON W~Ipi THE APR~L IS TO BE'!rASED. (F.s.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICESyllit;RE NEC~AAffiY TO AFFORb,ffl INDiVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF AS~VI~E, PROq'mt:'1, OR ACTIvItvCONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOU.RS~9R TO THE; RROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
Final Draft 02/6/07 10:00 a.m.
S: \CC\ WP\CCAGENDA \AGENDAS\year 2007\021307 Final Draft.doc
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II. OTHER
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORi~J.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20, 2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon)
~ February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 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 ~
RECOMMENDA nON: This item is being placed at the beginning of the agenda under the category of "Other" for
possible discussion, as noted below.
EXPLANATION: The intent of this item is to respond and to clarify comments made in a January 24, 2007 letter
from Mr. Robert Fine entitled: Promenade, Bovnton Beach - Fire System ReQuirements. A reply is attached.
PROGRAM IMP ACT: While this agenda item carries no program impact, the High-Rise standards that exist within
the City Code of Ordinances, as well the future safety of firefighters responding to these incidents may be impacted
depending on any future action taken.
FISCAL IMP ACT: None
City Manager's Signature
Assistant to City Manager ~
17 I?E 1?'E rcc..E-
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
Memorandum
To: Kurt Bressner, City Manager
From: Rodger Kemmer, Fire Marshal
Thru: William L. Bingham, Fire Chief
Date: January 31, 2007
Re: Promenade Project
The following comments are provided by the Fire Rescue Department in response to the
concerns expressed in a letter to the commissioners from Mr. Robert Fine of Greenburg
Traurig dated January 24,2007. Mr. Fine's concerns are not based on fact. We provide
factual information to correct the erroneous information.
1. Plan reviews are conducted to determine compliance with the city ordinances as
well as the Florida Fire Prevention Code (FFPC).
2. The high-rise requirements listed in the city ordinance have no effect whatsoever
on the FFPC. State Statute 633 provides methodologies to amend the FFPC. No
attempt has been made to amend the FFPC. The ordinance was enacted per the
Municipal Home Rule Powers Act (ss. 166.021).
3. Fire Marshal Kemmer did not state that the requirement was an amendment to the
Plumbing Code. The discussion regarding the 2006 Uniform Plumbing Code
(which contains an ANSI National Standard for the system) has no relevance
whatsoever to the city ordinance enacted in 2004.
4. The Promenade Project developers agreed on April 28, 2004 to install the air
system as part of the Conditions of Approval (NWSP 04-009). Any delays
resulting from the developer's failure to include the air system in their design
submittals is not a responsibility to be borne by the city.
5. The costs of the air system are from % to 1 % of the building costs, and nowhere
near the 2.5 to 3 million dollars stated in the letter. The air system is typically
about 12 the cost of landscaping.
6. The Fire Rescue Department would not require a system that would "create a
significant life safety and liability issue". The system is a tactical method of
enhancing firefighter safety, while making firefighters more effective at
protecting building occupants.
7. Systems components are in fact UL listed. The Florida Department of Business &
Professional Regulation has determined that these systems can be installed by
anyone holding a Florida plumbing contractor's license.
8. This is not an "unapproved" or "dangerous" system. There have been hundreds of
these systems installed since 1989, without any of the problems suggested by Mr.
Fine's letter.
This information is provided to you to ensure that decisions are based on fact and not
fiction. As protectors of the citizens and visitors to the City, The Fire Rescue Department
needs to continually examine methods to make us more effective. The Florida Fire
Prevention Code requires that:
Buildings shall be designed and constructed to provide reasonable safety for
firefighters and emergency responders during search and rescue operations.
(NFPA 1,4.1.3.1.2.2)
Operations shall be conducted at facilities in a safe manner that will minimize,
reduce, control, or mitigate the risk offire injury or death for the operators, while
protecting the occupants not intimate with initial fire development for the amount
of time needed to evacuate, relocate, or defend in place. (NFP A 1 4.1.3.1.2.5)
We remain committed to compliance with this code.
Respectfully submitted,
-..ant by: GREENBERG TRAURIG
954 765 1477;
01/25/07 J:09PMjJedijx #410jPage 1/7
From:
Robert S. Fine
Tel:
305.57S.082.G
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E--Mail: V'
fJner@gtlaw.com
Greenberg
Traurig
Transmittal Cover Sheet
To:
Mayor Jerry Taylor
Commissioner Mack McCoy
Commissioner Jose Rodriguez
Commi:>sioncr Carl McKoy
Comm issioncr Ron Weiland
Fax No~
S61-742-60U
Company:
City of Boynton Beach
Phone No,:
561-742-6010
Date: January 24, 2007
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Re: Promenade, Boynton Beach
No. Pages: J ncluding Cover Sheet 7
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The informa[lon CCOlai"ed in lhis Uan5l11i$slon Iii aL\ome~ prj~J"ged Bnd confil:tenlilll. II i. i'neNeo ont~ for Ih~ use of the Lndivi:hJal OlIlNI()'
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3ent by: GREENBERG TAAURIG
954 765 1477;
01/25/07 3:0ePMiJenax #410jPage 2/7
Greenberg-
Traurig
Robel! Fine
T~L (JOS) "'9-(1126
!';IlI;; ()GS) P4L.sa2~
1iIlc:@1II1ioW.III11l
January 24, 2007
VIA FAX AND FEDEX
Mayor Jeny Taylor
Commissioner Mack McCray
Commissioner Jose A. Rodriguez
Coaunissioner Carl McKoy
Commissioner Ron Weiland
City of Boynton Beach
100 East Boynton Beacb Boulevard
BoyDt{ln Beach, Florida 33435
Re~ Promenade. Boy.ton Beath. Fire System RequiremeDts
Deer Mayot and Members of1he Commission:
This lotter is a req,~s"to be placed on the City Commission :\gcnda for 1he meeting on
}'ebruary 5t 2007. to discuss and attempt to resolve an issue related to Promenade.
specifically, fire system improvements that are being improperly required by staff.
In connection with securing tbe building penniu for the Promenade project in Boynton
Beach, our client is being required by the Fire Rescue Department to install a Rescue Air
System as pwportedly required by the 2004 edition of th~ Florida fire Prevention Code and
City of BoyntOn Beach Ordinance 004.005. The attached Plan Review Comments from
Rick l.ee, Fire Protection Reviewer in the Fire Rescue Department state:
The 2004 edition Df the Florida Fire Prevemion Code was used as rhe basis
for this plan review:
1. Per City of Boynton Beach Ordinance 004-005 a Rescue Air System
must be installed in this blli/ding. A copy of the Deffgn GJ/ide is
available in tl1e Fire Department Plan Review Secfion. Call (956/)
436-1965,
OW' review and consultation with experts has indicated that the 2004 edition of the F~orida
Fire Prevention Code has no requirement for the mandated Rescue Air System. Therefore,
pursuant to Chapter 633 of the Florida Statutes. such a requirement can only be imposed
tocally by the City pursuant to a pIOperly adopted local amendment to the File Prevention
Code (ue Attac.hmenl uB" fOT ,elevant s:tatute). There i!; no evidence to sue~est that the
.
Sent by: GREENBERG TAAURIG
954 765 1477;
01/25/07 3:09PMiJeflax #410jPage 3/7
City complied with tbis mandatoI)' statutory procedure for local amendments to the Fire
Prevention Code.
When I)W' c1~ent discussed the~e procedural deficiencieli witn Fire Marsball Rodger Kemmer
and Fire Chief WiUiam Bingbam in a meeting at the Boynton Bea.c:h Fire Station 1#3 on January
11,2007, Mr. Kemmer stated that the Rescue Air System requirement was not in fact imposed
as an a~ndment to the Fire Prevention Code but "as an amendment to the Plumbing Code."
We believe that yom City Attorney will confizm that such was an inconect st:alement.
Furthermore. if the Rescue Air System requirement was sought to be imposed by an amendment
to the t)lumbing Code, it would constitute a local technical amendment to the Florida. Building
Code. Since the "amendment" does nol meet the statutory prerequisites fOt a local technical
amendment to the Florida Building Code, it cannot be enforced against our client. See 9
553.73(4)(b), Florida Statutes.
Since staff continues to insist 1hat the Rescue Air System must be installed despite our attempts
to resolve this matter administratively, we are respectfully requesting that you please place this
matter on the eil)' Commtssion Agenda of February 5th for discussion. Please note that the
project contractor, Coastal Construction, and their fue consultant, have estimated ht revising
plans now to include the Rescue Air System would result in project delays of 2.3 months. have
a construction cost of $2.5.3 million and, most importan~Jy. create a significant life safety aDd
liability issue since the Rescue Air System is not U.L. rated and has not otherwise received
regulatory approval. Even if the cost and delay that would result nom installing the unapproved
system was not a factor, we would not advise our client to instaU the system because the
potential liability to the future unit owners and owner's association tbat could result from
installing an unapproved and. from what the fire experts state. an arguably dangerous system.
Bec:ause tbe Promenade has been fully designed and budgeted, and building pcnnits must be
obtained by March to vest other development approvals and permit vertical cotlStIUction to
begin, revising the building plans at this late stage to include the requested Re~ue Air System
would result in Wlacceptable delays and risk of future liability, which neccssi tates our objecting
to the requirement.
Thank: you for your consideration.
-.Q
Robert S. Fine
cc: Jim Cl1erof, Esq.
Mr, JeffK.rinsky
Paul D' Arelli, Esq.
954 765 1477j
AUAC~T A
01/25/07 3:09PMj~ #410;Pege 4/7
Sent by; GREENBERO TRAU~IG
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" pLEASE NOTE THAT THE EFFiC1ENC"( 8"'1 V\lHLCH YOU RECEIVE YOUR
~i: PERMIT DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF 'THIS
~~ DOCUMENT. IT ~S RECOMMENDED THAT YOU CAREFULLY READ AND
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FIRE AND UFE SAF&Ti DIVISION
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Sent oy: GREENBERG TRAURIG
954 765 1477;
01/25/07 3:10PMjJetfix" #410;Pege 5/7
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954 765 1477;
01/25/07 3:IOPM;~ '410jPage 6/7
Attachment B
633.021 S Florida Fire Prevention Code.--
(lJ The Slate Fire Marshal shall adopt, by rule pursU<1TlllO 3$. 120.5J6(1)
and J 20.54. the Florida Fire Preven,ion Code which shall contain Dr
incorporate by reference all firesaftty laws and rules that pertain to and
govern the design. consrructton, erection. alteration, modification. repair,
and demolition of public and pri'Vote buildings. structures, and lactimes
and the enforcement of such ftr~s(Jfety law$ and nll~l. The Slate Fire
Marshal shall adopt Q new edition of the Florida Fire Prevtnr;on Code
every third year.
(3) .., (a) The Stale Fire Marshal shall re'View or cause the review of
local amendments to determine:
1. Iftht local amendment should be adopred as a ~'i(Jlewide provision;
2. That the local amendmenr does not provide a lesser degree oflifesa/tty
rhan the code otherwise provides; and
3, That the local amendment does 1l()t reference Q different edition of the
naljonal fire codes or other naliDntd standard rhan rhe edition provided or
referenced in rhe uniform or minimJ4m frresafery codes adopted by the
State Fire Marshal or prescribed by sUUute.
(8) Within 30 days after a local government adopts a local amendment,
the local government must transmit the amendment to the Florida Building
Commission and lhe Stare Fire Marshal.
(9) The State Fire Marshal shall make rules thaT implement this sectir.m
and ss. 633.01 and 633.025 for lhe purpose of accomplishing the
objecti.."es set lonh in those sectJollS.
(10) Notwithslanding orllel' provisions of lhis chap/er. if a county or a
municipality withjn that county adopts an ordinance providing for a local
amendment to the Florida Fire Pre....enrion Code and thaI amendmtml
provides a hrgher level of protection to the public than (he level specified
.
Sent by: GREENBERG TRAURIG
954 765 1477;
01/25/07 3:11PMj~ #410jPage 7/7
in the Florida Fire Prevention Code, tne local amendme,.,t becomes
effective. without apprG'Va,/ afthe Stille Fire Marshal and is not re.scinded
pursuant to the provisidfu of rhit section, provided that (he ordinance
meefS one or more o/the Yollowing criteria:
(a) The local aulhorily * adopted by ordinance, a fire service facWties
and operation plan tn J out Jines goals and objectives for related
equipment. personnel, d capital impr()'yemenr needs (Jf the local
atllhoriJy related to the s~ecVic amendrnentfor the next 5 years;
(b) The local authorily t ad(Jpted, by ordina1JCe. a provision requiring
proportionaie reduction 'n. or rebate Dr waivers of, impact or other fee3
or asses~'ments levied on b-uildfngs that are bu;/t or modified in
compliance with the mo~e stril1ge1J! firesafety standards required by rhe
local amendm~nt; or I
(c) The local aJI/horiry ~$' adopted. by ordinance. a growth management
plan that requires build,ings and slrtJClUres to be equfpped with more
,1(Tlngent firesqfery reqwtements required by lhe local amendment when
these firesaftty Tequir~ments are used OJ' ,he basis for planning
infrastructure develo{'menf, uses, or hQusing de"silies.
o (t::e/Wt ~s
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1st REVIEW COMMENTS
New Site Plan
R~s~
Project name: Promenade
File number: NWSP 04-009
Reference: 1 st review plans identified as a New Site Plan with an April 28. 2004 Planning and Z~in~"
d. kin I.:
Denartment ate stamn mar HZ. . v ,
DEPARTMENTS INCLUDE REJECT
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PUBLIC WORKS - General
Comments:
1. Prior to permit application contact the Public Works Department (561-742-
6200) regarding the storage and handling of refuse per the CODE, Article II,
Section 10-26 (a). Will Complv.
2. Two small trash rooms are depicted which seems inadequate for 301 condos
and penthouses, 38 hotel rooms, and 21,400 sf of retail space. Additionally
the 16 townhouses are separate from the buildings and do not have direct
access to a waste disposal area, After talking to City, trash rooms were
increased and dock added for trash removal
3. Indicate how solid waste will be handled. The locations of the two trash
rooms do not provide direct access for solid waste pickup, Dock added.
PUBLIC WORKS - Traffic
Comments:
4. Provide a traffic analysis and notice of concurrency (Traffic Performance
Standards Review) from Palm. Beach County Traffic EDl!ineerin~.
5. The required traffic analysis should address, at a minimum, an evaluation of
turning movements into and out of the proposed development. Particular
attention should be given to the southbound to eastbound movement from
Federal Highway to Boynton Beach Boulevard. Additionally, evaluate full
signalization at the intersection of Federal Hi~hway and NE 4th Ave,
6. Show all off-site improvements, incorporating the new configuration for
Bovnton Beach Blvd. east of Federal Hi~hway on the site plan.
7. NE 4th Ave. shall be improved from Federal Highway east to the east limits of
the proposed development. At a minimum provide two - 12 ft. lanes with
curb & gutter, sidewalk, signin~, stripin~, etc.
8. The one-way, southbound driveway at the southeast comer of the property
shall be rij!ht-out only. See revised site plan.
9. Explain how hotel traffic will be handled. Will the guests be expected to
park themselves or will valet service be provided. Access to the parking
garage is somewhat inconvenient in that respect. See revised site plan.
Valet service wUI be provided.
1 ST REVIEW COMMENTS,doc
06/15/04
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DEPARTMENTS INCLUDE REJECT
10. On the Site and Civil plans, show and identify all necessary traffic control
devices such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" Silffialle, etc.
11. Fire lane signage and markings shall conform to LDR Chapter 23, Article II,
Sections B. & M. The 3-foot high "Fire Lane" words shall be placed along
both lanes and stallllered.
12. Indicate how access will be provided to Mangrove Park and St. Mark's
Catholic Church during road reconstruction and site development. NE 4th
Ave. is the only access to Mangrove Park and the primary access to St.
Mark's.
13. NE 4th Ave. is incorrectly noted throughout the plans, and on the survey, as
NE 4th 8t., please correct. See revised site "lan.
ENGINEERING DIVISION
Comments:
14. Add a general note to the Site Plan that all plans submitted for specific
permits shall meet the City's Code requirements at time of application. These
permits include, but are not limited to, the following: paving, drainage,
curbing, site lighting, landscaping and inigation. Permits required from other
permitting agencies such as Florida Department of Transportation (FDOT),
South Florida Water Management District (SFWMD), Lake Worth Drainage
District (LWDD), Florida Department of Environmental Protection (FDEP),
Palm Beach County Health Department (PBCHD), Palm Beach County
Engineering Department (PBCED), Palm Beach County Department of
Environmental Resource Management (PBCDERM) and any others, shall be
included with the permit reauest. Win com"lv. See notes on cover.
15. Numerous errors and omissions have been noted on these proposed plans and
in this review comments report. Drawings need to be thoroughly checked
and coordinated by the consulting engineer. It is the responsibility of the
consulting engineer to familiarize himself with the City of Boynton Beach
Land Development Regulations prior to submission of plans. Quality control
is the responsibility of the consulting Engineer - not the City of Boynton
Beach, Wdl comDlv. See site plan.
16. All comments requiring changes and/or corrections to the plans shall be
reflected on all appropriate sheets. See revised sheets.
17. Please note that changes or revisions to these plans may generate additional
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at permit review. Acknowled/(ed.
18. Provide written and graphic scales on all sheets. Provided. See drawinl!s.
1 ST REVIEW COMMENTS.doc
06/15/04
3
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DEPARTMENTS INCLUDE REJECT
19. Show all existing utilities on the Site and Landscape plans (LDR, Chapter 4,
Section 7.A.3)'
20. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter
4, Section 7.BA.) The lighting design shall provide a minimum average light
level of one foot-candle. On the Lighting Plan, specify that the light poles
shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section
A.l.a and Florida Building Code). ProVide a note that the fixtures shall be
operated by photo electrical control and are to remain on until 2:00 a.m.
(LDR, Chapter 23, Article II, Section A.I.a.) Include pole wind loading, and
pole details in conformance with the LDR, Chapter 6, Article IV, Section 11,
Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on
the Lighting Plan. Lighting shall not be used as a form of advertising in a
manner that draws more attention to the building or grounds at night than in
the day (LDR, Chapter 9, Section 1O.F.5). Provide photometries as part of
vour TRC olan submittals.
21. It may be necessary to replace or relocate large canopy trees adjacent to light
fixtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article II, Section A.l.b). Achknowleded.
22. Show sight triangles on the Landscape Plans (LDR, Chapter 7.5, Article II,
Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles
along Federal Highway and Boynton Beach Blvd. Use a 35 ft. sight triangle
for driveways alon!!: NE 4th Ave.
23. Indicate, by note on the landscape plan, that within the sight triangles there
shall be an unobstructed cross-visibility at a level between 2.5 feet and 8feet
above the pavement (LDR, Chaoter 7.5, Article II, Section 5.H.).
24. Landscaping is proposed that falls outside the property limits. Revise plans
to indicate only work within the appropriate boundaries. Work outside the
project limits shall be performed under separate permits and approvals must
be obtained from the City of Boynton Beach Public WorksIForestry &
Grounds Division. If permitted, different tree species may be required than
those oroposed on the olans.
25. The Seagrapes shown along the east property line are too close to the
sidewalk. It is recommended that they be located no closer than five ft. to the
sidewalk. lbree feet may be acceptable with appropriate underground
soil/aeration and root containments to prevent heaving of the sidewalk as the
Seal!:1'aoes mature.
26. Canopy trees will not be allowed within utility easements. Please revise the
Landscape plan to show utility easements and remove the proposed Live
Oaks within the existin!!: 10ft. utility easement alon!!: the east property line.
27. The medians on Federal Highway, the chase areas on Boynton Beach Blvd.
and Federal Hi!!:hwav, and Manlrrove Walk at the Marina Park have existin!!:
1 ST REVIEW COMMENTS.doc
06/15/04
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DEPARTMENTS INCLUDE REJECT
hardscaping, irrigation and plant materials belonging to the City of Boynton
Beach, Any damage to the irrigation systems and/or plant material as a result
of the contractor's operations shall be repaired or replaced to the equivalent or
better grade, as approved by the City of Boynton Beach, and shall be the sole
responsibility of the developer. Please acknowledge this notice in your
comments response and add a note to the plans with the above stated
information, See note on cover sheet.
28. Provide an engineer's certification on the Drainage Plan as specified in LDR,
Chaoter 4, Section 7.F.2.
29. Full drainage plans, including drainage calculations, in accordance with the
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
oermittine.
30. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate
grate, rim and invert elevations for all structures. Indicate grade of storm
sewer se21llents. Indicate material specifications for storm sewer.
31. Paving, drainage and site details will not be reviewed for construction
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:
32. Please provide a timeline that clearly illustrates when water and sewer
services will be required to serve the proposed project. Your starting date for
the timeline should be the date of City Commission approval. Also provide
milestone dates for permit application, the start of construction, and the
setting of the first water meter. This timeline will be used to determine the
adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible
33. No utility plan was included with this submittal; therefore, this plan is
incomplete as submitted. Sheet 1 of 1 by Caulfield & Wheeler, Inc. is
inadequate to respond to two (2) fourteen-story residential towers. However,
the proposed Site Plan is an existing site located within the Utilities' service
area, and is located where utility support is available (with upgrades). We are
providing only a cursory review of the proposed site plans as submitted at
this time. Additional comments may be required after a utility plan has been
submitted.
34. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show
all utilities on or adjacent to the tract. The plan must therefore show the point
of service for water and sewer, and the orooosed off-site utilities construction
1 ST REVIEW COMMENTS.doc
06/15/04
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DEPARTMENTS INCLUDE REJECT
needed in order to service this prQlect.
35. All utility easements shall be shown on the site plan and landscape plans (as
well as the Water and Sewer Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility easements.
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
utility easements or public riszhts-of-way.
36. Palm Beach County Health Department permits will be required for the water
and sewer systems servinll: this proiect (CODE. Section 26-12). Win como/v.
37. Fire flow calculations will be required demonstrating the City Code
requirement of 1,500 g.p.m, (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
2feater (CODE, Section 26-16(b)).
38. LDR Chap. 6, Art. IV, Sec. 16 requires that all points on each building will
be within 200 feet of an existing or proposed ftre hydrant (for surface
defense). A building sprinkler system will be required to cover all domestic
and retail/restaurant uses. Please demonstrate that the plan meets this
condition by showing all hydrants and vertical systems including any rooftop
standpipes.
39. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid
for this project either upon the request for the Department's signature on the
Health Department application forms or within 30 days of site plan approval,
whichever occurs first. This fee will be determined based upon final meter
size or expected demand. W"Ul comoly.
40. Water and sewer lines to be owned and operated by the City shall be included
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE See,
26-33( a).
41. This office will not require surety for installation of the water and sewer
utilities on condition that the systems be fully completed and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certiftcate of Occupancy. Will como/v.
42. A building permit for this project shall not be issued until this Department
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15. WUl
comolv.
1 ST REVIEW COMMENTS. doc
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6
I
DEPARTMENTS INCLUDE REJECT
43. PVC material is not permitted on the City's water system. All lines shall be
DIP. Will comply.
44. Appropriate backflow preventer(s) will be required on the domestic water
service to the building, and the fIre sprinkler line(s), in accordance with
CODE Sec. 26-207. Wdl comply.
45. The existing sanitary sewer main shown on Civil Sheet 1 of 1 does not appear
to be in the correct location. According to the survey it should fall within a
10ft. utility easement adjacent to the east property line. Please depict the
sanitary sewer main accurately.
46. The proposed french drain on the east side of the property will conflict with
the actual location of the sanitary sewer. Please correct.
47. Contact the Utilities Department regarding current information about the
existing water main within Federal Highway. An upgrade from 6 in. to 12 in.
has been approved for construction from Boynton Beach Blvd. to NE 3rd
Ave.
48. The developer may be required to upgrade the remainder of the water main
from 6 in. to 12 in. along Federal Highway north to NE 4th Ave. and east
from Federal Highway along NE 4th Ave. to the property's east property line.
Please provide fIre flow and demand calculations demonstrating the needed
minimum main size for serving the needs of this proiect.
49. Utility construction details will not be reviewed for construction acceptability
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application. Will comply.
FIRE
Comments:
50. Hydrant connections shall be to mains no less than 6 inches in diameter. In
addition to domestic requirements at a residual pressure of not less than 20
psi, a fire flow of at least 1500 gpm is required.
51. Where underground water mains and hydrants are to be provided, design
documents must demonstrate that they will be installed, completed, and in
service prior to construction work per the Florida Fire Prevention Code,
(2000) Section 29-2.3.2.
52. Emergency access shall be provided at the start of a project and be
maintained throughout construction per the Florida Fire Prevention Code,
Section 3-5, and NFPA 241, (1996) Sqfeguarding Construction, Alteration,
1 ST REVIEW COMMENTS.doc
06/15/04
7
DEPARTMENTS
and Demolition Operations, Section 5-4.3, Emergency access roadways
must be :firm and unyielding, having a bearing value of not less than 40 (i,e.
LBR 40), compacted to 98% of the maximum density as determined by
AASHTO Tl80, in accordance with the FDOT Standard Specifications for
Road and Bridge Construction (2000) Division 11, Section 160,
STABILIZING, A copy of the test results shall be provided and accepted
prior to above grade construction. Testing frequency shall not be less than
that specified in the FDOT Sampling, Testing and Reporting Guide, or as
required by the Fire Marshal. The roadway shall be maintained free from
ruts, depressions, and damage, and at the required bearing value for the
duration of it's intended use. Will complv.
53. City Ordinance Chapter 9 Article IT, subsection 9-24 provides for the
following additional safety requirements for high-rise. buildings and/or
buildings with 6 or more stories:
.
Firefighters Air System
Equipment Storage Rooms.
Stairwell Doors.
Administrative Controls.
Master Keys.
Rappelling Anchors.
Suppression Connections and Control Valves
Communications
.
.
.
.
.
.
.
· Elevators /
· Smoke Controls
For details see the Fire Department Design Guide. WiD complv.
54. High-rise buildings shall be protected throughout by an approved, supenrised
automatic sprinkler system in accordance with Section 9.7. A sprinkler
control valve and a waterflow device shall be provided for each floor. Florida
Fire Prevention Code, (2000) Section 11.8.2.1. WiD complv
55, High-rise buildings shall be protected throughout by a Class I standpipe
system in accordance with Section 9.7, Florida Fire Prevention Code, (2000)
Section 11.8,2.2. Will comply.
56. Class 1, Type 60, standby power in accordance with NFP A 70, National
Electrical Code, and NFP A 110, Standard for Emergency and Standby
Power Systems, shall be provided. Florida Fire Prevention Code, (2000)
Section 11.8.4.2. Will comply,
POLICE
Comments: None
BUILDING DIVISION
INCLUDE REJECT
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3rd REVIEW COMMENTS
New Site Plan
d) 1".
(f. rt
Project name: Prornenade
File number: NWSP 04-009
Reference: 2nd review plans identified as a New Site Plan with an June 15.2004 Planning and Zoning
Department date stamp marking.
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Prior to permit application contact the Public Works Department (561-742-
6200) regarding the storage and handling of refuse per the CODE, Article II,
Section 10-26 (a). Additional detail(s) will be required at the time of
permitting to ensure access is properly provided to the trash rooms for Solid
Waste. Will comply
2. Two small trash rooms are depicted which seems inadequate for 30 I condos
and penthouses, 38 hotel rooms, and 21,400 sf of retail space. Additionally
the 16 townhouses are separate from the buildings and do not have direct
access to a waste disposal area, After talking to City, trash rooms were
increased and dock addedfro trash removal.
3. Indicate how solid waste will be handled. The locations of the two trash
rooms do not provide direct access for solid waste pickup. Dock added
PUBLIC WORKS - Traffic
Comments:
4. Provide a traffic analysis and notice of concurrency (Traffic Performance
Standards Review) from Palm Beach County Traffic Engineering. A traffic
analysis is included that illustrates the peak turning movements at all
ingre!t's and egress points. The analysis is also discusses the need of a left
tllrn lane illto the garage at Boynton Beach Boulevard, but no other
improvements are required.
5. The required traffic analysis should address, at a minimum, an evaluation of
turning movements into and out of the proposed development. Particular
attention should be given to the southbound to eastbound movement from
Federal Highway to Boynton Beach Boulevard. Additionally, evaluate full
signalization at the intersection of Federal Highway and NE 4th Ave, Traffic
analysis is attached.
6. Show all off-site improvements, incorporating the new configuration for
Boynton Beach Blvd, east of Federal Highway on the site plan. The IIew
con.fil:uratioll is shown.
7, NE 4th Ave. shall be improved from Federal Highway cast to the east limits of
the proposed development. At a minimum provide two - 12 ft. lanes with
3rdReviewComments[ 1) .doc
06/22/04
6
I
DEPARTMENTS
FIRE
Comments:
36. Hydrant connections shall be to mains no less than 6 inches in diameter. In
addition to domestic requirements at a residual pressure of not less than 20
psi, a fire flow of at least 1500 IWm is required. (Old #50) Noted.
37. Where underground water mains and hydrants are to be provided, design
documents must demonstrate that they will be installed, completed, and in
service prior to construction work per the Florida Fire Prevention Code,
(2000) Section 29-2.3.2. (Old #51) Noted.
38. Emergency access shall be provided at the start of a project and be maintained
throughout construction per the Florida Fire Prevention Code, Section 3-5,
and NFP A 241, (1996) Safeguarding Construction, Alteration, and
Demolition Operations, Section 5-4.3. Emergency access roadways must be
firm and unyielding, having a bearing value of not less than 40 (i.e. LBR 40),
compacted to 98% of the maximum density as determined by AASHTO
T180, in accordance with the FDOT Standard Specifications for Road and
Bridge Construction (2000) Division ll, Section 160, STABILIZING. A copy
of the test results shall be provided and accepted prior to above grade
construction. Testing frequency shall not be less than that specified in the
FDOT Sampling, Testing and Reporting Guide, or as required by the Fire
Marshal. The roadway shall be maintained free from ruts, depressions, and
damage, and at the required bearing value for the duration of it's intended
use. (Old #52) Will complv
39. City Ordinance Chapter 9 Article II, subsection 9-24 provides for the
following additional safety requirements for high-rise buildings and/or
buildings with 6 or more stories:
.
Firefighters Air System
Equipment Storage Rooms.
Stairwell Doors.
Administrative Controls.
Master Keys.
Rappelling Anchors.
Suppression Connections and Control Valves
.
.
.
.
.
.
· Communications
· Elevators
· Smoke Controls
For details see the Fire Department Design Guide, (Old #53) Will complv
40, High-rise buildings shall be protected throughout by an approved, supervised 'V
automatic sprinkler system in accordance with Section 9.7. A sprinkler
INCLUDE
v
\I
.j
.;
REJECT
3rdReviewComments[ 1] ,doc
06/22/04
7
I
DEPARTMENTS INCLUDE REJECT
control valve and a waterflow device shall be provided for each floor. Florida
Fire Prevention Code, (2000) Section 11.8.2.1. (Old #54) Will comp'v.
41. High-rise buildings shall be protected throughout by a Class I standpipe /
system in accordance with Section 9.7. Florida Fire Prevention Code, (2000)
Section 11.8.2.2, (Old #55) Will comply
42. Class I, Type 60, standby power in accordance with NFP A 70, National
Electrical Code, and NFPA 110, Standard for Emergency and Standby V
Power Systems, shall be provided. Florida Fire Prevention Code, (2000)
Section 11.8.4.2. (Old #56) Will comply.
POLICE
Comments: None
BUILDING DIVISION
Comments:
43. Please note that changes or revisions to these plans may generate additional
comments. Acceptance of these plans during the TRC process does not ensure
that additional comments may not be generated by the commission and at
permit review. (Old #57) Will comp'v.
44. Indicate within the site data the occupancy type of each building as defined in
200 I FBC, Chapter 3. (Old #58) See cover sheet
45, The height and area for buildings or structures of the different types of
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC. (Old #60) Will COlllp'V.
46. Place a note on the elevation view drawings indicating that the exterior wall
openings and exterior wall construction comply with 2001 FBC, Table 600,
Submit calculations that clearly reflect the percentage of protected and
unprotected wall openings permitted per 2001 FBC, Table 600. (Old #61)
See elevations.
47. Every exterior wall within 15 feet of a property line shall be equipped with
approved opening protectives per 200 I FBC, Section 705,1.1.2. (Old #62)
Will comply.
48. General area modifications to buildings shall be In accordance with 200 I
FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying
compliance with the above code sections and 2001 FBC, Table 500. (Old
#63) Will comply.
Meeting Minutes
Regular City Commission Meeting
Bovnton Beach. Florida
Mav 4. 2004
project from Motorola to Renaissance Commons (ret READING TASLED ON
04/07/04 - AWAITING APPROVAL FROM D.C.A. ON COMPANION
ORDINANCE) (June 2004)
E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA)
F. Proposed Lease Agreement with Boynton Woman's Club (TBA)
XI. NEW BUSINESS:
A. Discussion regarding Non Quasi-judicial Advisory Board Consolidation
Commissioner McCray commented that there seems to be a problem getting applicants for the
Education Advisory Board. His other concern was whether we could have someone who is
willing to serve as an alternate who currently serves on another board as long as it does not
present a conflict of interest.
Mayor Taylor said that there had been discussion regarding combining the Education Advisory
Board with the Advisory Board on Children & Youth. Neither of these Boards was in favor of
that.
Commissioner Ensler inquired whether there were a sufficient number of members on the
Education Advisory Board to have a quorum.
City Manager Bressner said that it would take some work. It will be necessary in the next few
months for this Board to take on an increased role as the City forges relationships with schools
in the community. He felt that it would be beneficial to look at the profile forms to determine if
there were individuals that potentially could be recruited to this Board.
Commissioner McCray was not in favor of consolidation of any of the non quasi-judicial boards.
There was no further discussion.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBUC HEARING
1. Proposed Ordinance No. 04-005 Re: Amending Chapter 9,
"Fire Protection and Prevention," Article II, Creating a new subsection 9-
24, "Requirements for high-rise buildings and buildings with six or more
stories (RETASLED ON 04/20/04)
Motion
Commissioner McCray made a motion to remove this item from the table. Commissioner McKoy
seconded the motion that carried unanimously.
14
Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida
May 4. 2004
City Attorney Cherof read Proposed Ordinance No. 04-005 by title only. There was no one from
the public who wished to address this item.
Bill Bingham, Fire Chief, reported that fires in high-rises place extra demands on Fire
Departments that exceed their resources. All firefighting equipment must be hand carried to
the fire floor and precious minutes are wasted. The components of this proposed ordinance
provide several safeguards in high-rise structures in the interest of rapid response and
firefighter and occupant safety.
While new to Florida, there are more than 300 of these systems in other states. Early in the
process, input was solicited from the developers in the area. No response was received. They
did receive a few E-mails regarding the impact of such a project that totally distort the truth
and are not necessarily fact-based. During the past few days, favorable comments from
developers were received.
There are ten components as referenced in the Design Guide, eight of which are already
embedded in existing life safety codes.
The other two areas are the self-controlled breathing air replenishment system and a small
supply room designed to be placed every five stories, adjacent to an enclosed stairway. The
most costly of the components is the breathing air supply system. The cost for this system is
approximately less than one-half of one percent of the average building construction cost. For
instance, the Marina project will include 338 units. This $35,320M construction project would
spend approximately $176,000 for the total project, which is $520 per unit. By comparison, the
minimum landscape costs are $300,000.
The Commission's option is to approve or deny this request. The system is available in other
states and will become commonplace in the next ten years. Chief Bingham felt that this type of
design will take on the same level of importance as sprinklers did 25 years ago in high-rise
buildings. However, if we wait until another City in Florida takes the initiative, all the
anticipated high-rise buildings in Boynton Beach will already be built. Boynton Beach will then
be faced with the option of retrofitting or doing nothing and face the consequences of dealing
with the issue after a firefighter or high-rise occupant is injured or worse.
Fire Chief Bingham stated that he is paid to research and provide recommendations and to
provide risk management for issues of fire and life safety. He is paid to provide the highest
degree of fire suppression and safety for both firefighters and building occupants. Therefore,
he is simply doing his job in suggesting a creative and proactive approach to a new City issue.
The two issues that arose between first and second reading of the proposed ordinance have
been addressed. The first is, in the absence of a Florida certification for testing, the authority
having jurisdiction will determine criteria for certification, maintenance, etc. Secondly, it has
been clarified that both the initial equipment and the subsequent equipment required in the
storage room are the responsibility of the owner/agent of the building. The Design Guide has
been changed to reflect these two changes.
15
Meeting Minutes
Regular City Commission Meeting
Bovnton Beach. Florida
Mav 4. 2004
Rre Chief Bingham's recommendation was to move ahead. He understood that, like any new
ordinance, this one would require careful monitoring and possible future modifications. He
asked that safety not be sacrificed for developer profit and that the City of Boynton Beach not
lose the opportunity to be a leader in the area of high-rise safety.
Commissioner Ensler commented that the backup indicates that this would apply to only six or
more story buildings. He questioned where the six-story came from.
Rre Chief Bingham explained that generally, 75 feet or six-stories is the cut-off as to where a
high-rise building starts.
Commissioner McCray asked who would do the monitoring.
Fire Chief Bingham said that since there currently is no Florida certification, there was a caveat
placed in the Building Design Guide that it would be the authority having jurisdiction, which
would be our Rre Marshal along with the Rre Chief and City staff, until such time as
certification is available in the State of Florida.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-005. Commissioner
McKoy seconded the motion.
City Attorney Cherof said that one amendment to the ordinance was needed to conform to the
cost shifting comment that the Fire Chief made. The paragraph on page 2, subsection B needs
to be amended as follows: "The following life safety features shall be provided and maintained
in working order by the property owner in accordance with the approved plans and
specifications and shall be tested, certified and proved to be in proper working condition at the
owner's cost to the satisfaction of the Rre Marshal before issuance of the Certificate of
Compliance. "
Both Commissioner McCray and Commissioner McKoy accepted the amendment. City Clerk
Prainito called the roll and the motion carried unanimously.
2. Proposed Ordinance No. 04-029 Re: Amending Chapter
24, "Taxicabs," of the Code of Ordinances, Part II, and creating a revised
Chapter 24 entitled "Vehicles for Hire"
City Attorney Cherof read Proposed Ordinance No. 04-029 by title only. There was no one from
the public who wished to speak on this item.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 04-029. Motion was
seconded by Commissioner Ensler. City Clerk Prainito called the roll and the motion carried
unanimously.
16
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lII.-ANNOUNCEMENTS & PRESENTATIONS
Item A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~.l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20, 2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
[8J February 13,2007 January 22, 2007 0 April 3,2007 March 19,2007 (Noon)
[8J 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: Announce the Boynton Beach Heritage Celebration Super Weekend and Concert.
EXPLANATION:
The City of Boynton Beach and the CRA Present:
Boynton Beach Heritage Celebration - Super Weekend
Friday February 23 thru Sunday February 25
Opening Reception & Art Show - A VIP By Invitation Only Event on
Friday, February 23, 5:30pm- 7:30pm at the Schoolhouse Children's Museum
Immediately following there will be a Community Event featuring local speakers from 7:30pm - 9:00pm at the Civic Center,
refreshments will be served.
Saturday, February 24, the Hester Center Activities start at 9:00AM and continue through 7:00PM
Children's Activities (including arts & crafts, bounce house, rock climbing, laser tag, train rides, etc), Sports
Tournaments, Continuous Entertainment (including Stage Performers, Gospel Singing, Event
Rappers, Concert Headliners, Band & Cheerleading Performances).
The entire day is FREE of charge with the exception ofthe Basketball Tournaments which are $2.00 for ages 17 & under and
$3.00 over 17years. There will also be Basketball Tournaments on Friday Evening and all day on Sunday.
Saturday, February 24, 2007 - 7:00 PM - 10:00 PM
"Kool & the Gang" FREE CONCERT on East Ocean Avenue between Seacrest and NE 1st Street - There will be
a VIP refreshment area set-up
The Weekends Finale' will be a Gospel Concert Sunday Feb, 25 from 3pm - 5pm at the Civic Center
PROGRAM IMPACT: We wish to present quality events that will bring the residents of Boynton Beach and the
surrounding communities into the downtown Boynton Beach area.
FISCAL IMPACT: None
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: Not permit announcement
Department Head's Signature
irtf?~
City Manager's Signature
Assistant to City Manager ~'
Department Name
City Attorney / Finance
SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon)
[8J February 13, 2007 January 22,2007 0 April 3, 2007 March 19,2007 (Noon)
[8J 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: Please add the Library's Heritage Celebration activities to Announcement 1, paragraph 2.
EXPLANATION: The Boynton Beach City Library and Schoolhouse Children's Museum will host African
American activities throughout the month of February. The activities for the Heritage Celebration weekend of
February 23 and 24 include an Insight into Remote Africa through a photo presentation, African American Tribute
Show produced by the Library's teen volunteers and an African American Family Film. A complete list of the
Library's and Museum's activities is attached as Exhibit A.
PROGRAM IMP ACT: Participate in the joint effort of the City-wide Heritage Celebration to create a professional
Celebration and promote a positive impact between all heritages within the City of Boynton Beach.
FISCAL IMPACT: None.
ALTERNATIVES:
None.
i
Ci~
Assistant to City Manager ~
City Attorney / Finance
Department Name
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
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.2007
Saturday
Saturday
Friday
Saturday
BOYNTON BEACH CITY LIBRARY
African American History Month
Calendar of Events: February, 2007
IEXHIBIT A I
Feb. 3
1 :00 PM Puppet Show
Puppets reflecting various ethnic groups will
present a musical puppet show discussing the principles
espoused by Martin Luther King, Jr.
Feb, 10 1 :00 PM FL African American History Workshop
"Program for all ages.
Feb. 16 3:30 PM Harriett Tubman
Performance artist will portray Harriett Tubman at the
Schoolhouse Children's Museum.
Feb. 17 1 :00 PM The American Constitution
Author Cathy Travis will inform us about our history and our
government workings in plain English,
Wednesday Feb. 21 6:00 PM African American Family Film Festival
A movie, suitable for all audiences, which is related to
African American heritage will be shown,
Thursday
Friday
Saturday
Saturday
African American Film Niaht: Stormy Weather
Feb. 22 6:00 PM with Lena Horne
liThe movie Stormy Weather with Lena Horne will be shown,
Feb. 23 1 :30 PM Insiaht into Remote Africa
A PowerPoint presentation of photos taken by a Library
patron in remote parts of Africa. A brief history of the
different regions and a description of the culture will be
presented,
Feb. 24
2:00 PM African American Tribute Show
United Teens in Action (teen volunteers) will produce a skit
taking place in a classroom where they discuss famous
and not so famous African Americans,
Feb. 24
3:00 PM African American Family Film
A movie, suitable for all audiences, which is related to
African American heritage will be shown.
Alfred W. Levy
1 Woods Lane
Boynton Beach, FL 33436
v. ADMINISTRATIVE
ITEM A.
Phone - 1-561-731-5422
Fax - 1-561-731-4748
E-mail -NormaI98@ao1.com
Community Relations Board
City of Boynton Beach, FL
100 East Boynton Beach Boulevard
Boynton Beach, FL. 33425
December 10, 2007
Att: Mr. Brian Miller - Chairman
Community Relations Board
Dear Brian:
Please accept this as my resignation from the Community Relations Board.
I will be leaving the community within the next month and as such will be
ineligible to serve.
It has been a pleasure serving with you and meeting a lot of wonderful,
dedicated individuals. If I can be of any assistance in the future, please feel
free to call upon .me.
With my best wishes to the entire board,
i
Alfred W. Levy
Ii
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V. ADMINISTRATIVE
ITEM B.
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V.ADMINISTRATDiE
ITEM C.
APPLICANTS ELIGIBLE FOR APPOINTMENT 02/13/07
LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLlCA nON
SUBMITTED
Aikens Willie L. Community Redev. 6/20/06
Aaency Board
Buchanan James (Buck) Community Redev. 7/10/06
AQencv Board
Burgess Alan Arts Commission 1/19/07
Collins Susan Sr. Advisory Board 1/19/07
Hillery, Jr. Edward G. Planning and 11/15/06
Develooment Bd.
Wolf Halena Arts Commission 1/24/07
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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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D
D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
[ZJ February 13, 2007 January 22,2007 D April 3, 2007 March 19,2007 (Noon)
[ZJ Announcements/Presentati ons D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM 0 Consent Agenda D Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDATION: I ga"lJ Iroo Boy,.to,. BoatA I "Kids NllJAt 0141" wltA tAo OrllJl,.ae UareOHt
geo{Jotrottors.
/'
EXPLANA TION: Risk Management Department is sponsoring this event at the F AU Arena, Boca Raton on Monday
evening, March 5, 2007. Assistance is being provided by the Recreation & Parks Department, Art Center and Hester Center.
Elementary School age children will be asked to draw an alternative activity to joining a gang. The fifty best drawings will be
selected and those children will attend the Kids Night Out. The pictures will be displayed at various recreation facilities as
well as the Boynton Beach Mall. We can also take the drawings to identify those activities the children are interested in and
use them as a form of a focus group to identify other activities which can be developed and promoted by the Recreation and
Parks Department.
PROGRAM IMPACT: This is an attempt to impact elementary school age children to offer an alternative to joining gangs.
FISCAL IMPACT: (Include Account Number where funds will come from) This program is being supported by a
number of companies and individuals with whom the Risk Management Department interacts and who have shown an interest
in assisting the City and the local community in combating gang activities.
artment Head's Signature
ALTERNATIVES: To not make the announcement.
i
City Manager's Signature
Assistant to City Manager ~
RISK MANAGEMENT
I'
Department Name
City Attorney I Finance
RM/Gang Globetrotter Commission Agenda.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.
~
City of Boynton Beach
Risk Management Department
Presents
(jtJltfllrllll 8oYlttolt 81ltJcA I
Kids N if'" O~,
With
7 All OriflilttJ8
HtJr81lHt (jOo(jlltrottllrs
Monday, March 5, 2007
FAU Arena, Boca Raton, Florida
Special Attraction
{J/toGotrottor Ultillorsity
Exclusive opportunity to learn from some of these world-class athletes.
University begins at 5:30 PM
Game begins at 7:00 PM
Bus departs from Ezell Hester Community Center at 4:00 PM
I Galt' 'Iroo BOYlttolt BoatA I is supported by these local people:
BiJTH~
CONROY, SIMBERG, GANON. KREVANS, ABEL.
LURVEi; MORROW & SCHEFER. P.A.
YOUR BEST DEFENSE
Pegasus Products, Inc.
Diagnostic Centers of America
Nancy & Jeff Bolton
Barbara & Brian Cottrell
Suzanne & Jim Mays
Barbara & George P. Roberts, Jr.
Karen & Chris Temme
Chuck Magazine
~
./
(
{Jalt' 'Iroo BOYlttolt BoacA
Kids N iflAt O".t
With
7 Ao Ori,ilta/! Httr/!oHf {J/!oOotrottors
Attendee Selection Plan
1. Recreation and Parks Department, at Hester Center and Art Center, will
notify elementary school age children of the program.
2. Children will be asked to draw a picture of an activity that kids can take
part in rather than gang activities.
3. Children will draw their pictures and staff will select the best fifty pictures.
4. The children who drew those pictures will be invited to attend the event.
Appropriate parental authorization and consent forms will be signed.
(
5.
Recreation and Parks will provide bus transportation to the event.
6. Staff and volunteers will accompany children to the event.
7. Children will also receive a t-shirt commemorating the event. Food will be
provided at the event.
8. All pictures will be displayed at various City facilities including City Hall in
the Mall.
9. Pictures will also be utilized in the form of a Focus Group to come up with
additional ideas for activities to be sponsored by Recreation and Parks.
10. Costs for tickets, t-shirts and food will be underwritten by sponsors
obtained by the Risk Management Department.
RM/Gang Globetrotter Selection Plan.doc
(
--- -- --
VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon)
~ February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the "piggy-back" of the CITY OF WEST PALM BEACH, BID #03/04-06, to
FLORIDA HIGHWAY PRODUCTS, INC. for the MICRO SURF ACING OF ROADWAYS in the estimated amount of
$335,983.00.
EXPLANATION: Procurement Services received a request from Public Works/Engineering Division to "piggy-back" the
City of West Palm Beach, Bid#03/04-06 to utilize Florida Highway Products, Inc. for the purpose of Microsurfacing
roadways. This will assist in the repairs of deteriorating roadways throughout the City. All City streets have been inventoried
and their condition rated. The repair schedule has been prioritized based on immediate need.
Procurement Services request Commission's review, and approval.
PROGRAM IMP ACT: Microsurfacing is a proven bituminous surface treatment that aids in stopping pavement oxidation
and surface failure. Microsurfacing is not an asphalt overlay and, as such, has an entirely different visual appearance. Proper
maintenance extends pavement life and reduces future costs.
FISCAL IMP ACT: Funds are allocated within the CIP budget as follows:
Account Description
Street Improvements
Account Number
302-4905-580-63-08
(Project# CP0266)
Budget
$840,000.00
ALTERNATIVES: To continue with repair of isolated areas (potholes).
D~~
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
....Cfl..
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 07-005
TO:
Bobby Jenkins
Assistant to the Finance Director
FROM:
Ge~rge Mantell ~)
Project Manager ~/
DATE:
January 5, 2007
RE:
Request for Contract Services for Microsurfacing
Proposal from Florida Highway Products, Inc.
Account# 302-4905-580-63-08 Project# CP0266
Please proceed with preparing a purchase order for the above micro surfacing services by "piggy-backing"
onto the City of West Palm Beach's contract with Florida Highway Products, Inc. Their proposal is for
$335,983.00. This project has been initiated by the Department of Public Works/Engineering Division to
address repair of deteriorating roadways throughout the City. All streets have been evaluated and their
condition rated. The worst streets have been identified for immediate repair.
Should you have any questions or required additional information please feel free to contact me at ext.
6486.
GM/ck
Xc: Jeff Livergood, Director of Public Works
H. David Kelley, Jr., PE/PSM, City Engineer
S:\Engineering\Csd\Projects\Microsurfacing 2005\Memo to Finance - Request for PO j')f FL Highway Products.doc
Florida Highway Products, Inc.
P.O. Box 928 · Bartow, FL 33831
3900 US Highway 17 N. · Bartow, FL 33830
(863) 533-7881 · FAX: (863) 533-4404
George Mantell, Project Manager
Public W orks/Engineering Division
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL. 33435
Re: Proposal for Double Course Micro-Surfacing, Crack-Filling and Rut-Filling on various
Roads through out the City for the 2006 / 2007 Budget year
Dear George;
Per your request, Florida Highway Products Inc. (FHP) and I are pleased to submit a proposal to
Crack-Fill, Rut-Fill and place a double course of Micro-Surfacing on various roads throughout
the City. This work would be performed utilizing the current City of West Palm Beach Annual
Micro-Surfacing Contract #03/04-06. The current contract unit pricing has been amended and
approval is expected by the City of West Palm Beach by the end of the week. The proposed
roads listed below have been measured for quantities and location by you and I last week. If the
proposal is approved, I will need 5 or 6 maps to give the crews to perform the work.
Locations
Quantities
Pricinl!
1) Meadows Blvd from Congress Ave to Congress Ave, 6,800'x 24'= 18,134sy = $ 58,210
2) Meadows Wav from Meadows Blvd to Hypoluxo Rd, 1,800'x 24'= 4,800sy = $ 15,408
3) NE 1st Ct from Gateway Blvd to NE 20th Ave, 965'x 22'= 2,359sy = ----------- $ 7,572
4) NE 20th Ave from 1 st Way to NE 4th St, 2,37Tx 22'= 5,811sy = ----------------- $ 18,653
S) NE 4th Ct from Gateway Blvd to NE 20th Ave, 672'x 20'= 1,494sy = ---------- $ 4,796
6) NE 3rd St from Gateway Blvd to NE 20th Ave Dead End, 88Tx 20'= 1,972sy = $ 6,330
7) NE 1st St from NE 20th Ave to NE 21st Ave, 714'x 20'= 1,587sy = --------------- $ 5,094
8) NE 21 st Ave from NE 2nd Ct to NE 1 st Ct, 531 'x 20'= 1, 180sy = ------------------ $ 3,788
9) NE 2Sth Ave from NE 4th St to NE 2nd Ct 1 26Tx 20'= 2 816sy = -------------- $ 9039
, " ,
10) NE 3rd Ct from NE 25th Ave to NE 26th Ave, 80Tx 20'= 1,794sy = ------------ $ 5,759
ll)NE 3rd St from NE 25th Ave to Gateway Blvd, 1,583'x 20'= 3,518sy = -------- $ 11,293
12)NE 4th Ct from Gateway Blvd to NE 26th Ave, 1,656'x 20'= 3,680sy = ------- $ 11,813
13) NE 2nd Ave from NE 2nd St to Gateway Blvd, 851'x 20'= *1,892sy = ---------- $ 6,073
14) NE Sth Ct from Miner Rd to Cul-de-sac, 470'x 20'= *1,045sy = ----------------- $ 3,345
a) Cul-de-sac, 80'= *558sy = ------------------------------------------------------ $ 2,321
IS) NE 1st Wav from Gateway Blvd to NE 20th Ave, 1,055'x 24'= 2,814sy = ------ $ 9,033
16) NE 2nd St from NE 2nd Ct to Gateway Blvd, 464'x 20'= 1,032sy = -------------- $ 3,313
17) SE 2nd Ave from Seacrest Blvd to Dead End, 1,092'x 20'= 2,427sy = ---------- $ 7,791
18) SE 3rd Ave from Seacrest Blvd to Dead End, 1,163'x 20'= 2,585sy = ---------- $ 8,298
19) SE 4th Ave from Seacrest Blvd to Dead End, 1,132'x 20'= 2,516sy = ----------- $ 8,076
.......... ..._.;..........;_h.......... ""__
1::....,.,;1. A A.....i_1MCI_..;......Ui_h......... ..ftt
October 31, 2006
City of Boynton Beach
Micro-Surfacing 06 / 07
Page 2
20) Arthur Ct & Atlantic Dr from Seacrest Blvd to Seacrest Blvd, *4,000sy = ---
21) SE 5th Ave from Seacrest Blvd to Railroad Tracks, 1,054'x 24'= 2,811sy = ---
22) SE 6th Ave from Seacrest Blvd to Dead End, 953'x 20'= 2,118sy = ------------
23) SE 7th Ave from Seacrest Blvd to Dead End, 887'x 20'= 1,972sy = ------------
24) SE 8th Ave from Seacrest Blvd to Dead End, 840'x 20'= 1,867sy = ------------
25) SE 9th Ave from Seacrest Blvd to Dead End, 812'x 20'= 1,805sy = ------------
26) SE 10th Ave from Seacrest Blvd to Dead End, 772'x 20'= 1,716sy = ----------
27) SE 11th Ave from Seacrest Blvd to SE 1st St, 615'x 20'= 1,367sy = -----------
28) SE 1st St from Boynton Beach Blvd to SE lih Ave, *4,086'x 21'= 9,534sy =
29) SE 3rd St from SE 5th Ave to SE 6th Ave, 402'x 20'= 894sy = -----------------
30) W Ocean Dr from SW 7th St to SW 8th St, 739'x 20'= I ,643sy = -------------
31) SW 26th St from GolfRd to Woolbright Rd, 2,437'x 24'= 7,300sy = --------
* roads that require crack-fill
$ 12,840
$ 9,023
$ 6,799
$ 6,330
$ 5,993
$ 5,794
$ 5,508
$ 4,388
$ 30,604
$ 2,870
$ 5,274
$ 23,433
Total Double Course Micro-Surfacing, 100,483sy @ $3.211sy = --------- $322,550
Total Double Course Micro-Surfacing Cul-de-sac, 558sy @ $4.16/sy = $ 2,321
Estimated Crack-Filling - 500 gal @ $13.72/gal = ------------------------- $ 6,860
Estimated Leveling - 20 tons @ $212.62/ton = ----------------------------- $ 4.252
TOTAL MICRO-SURFACING PROPOSAL = ---------------------------- $ 335.983
Florida Highway Products, and I would like to take this opportunity to thank you and your City
for allowing us to perform your Pavement Maintenance needs. If you have any questions or
concerns, please contact me at your earliest convenience at 561-719-1225.
cc: Robert Maggard, Vice President, FHP
John Klein, Senior Project Manager, FHP
FHP file
From:
Lois J. F_tlt!f!Yf~ PfT1 -1 03
Claudia M. McKenna, City Attorney
Nancy D. Urcheck, Deputy City Attome~V"-"
/
November 17, 2006
"'E'
\'. ST P.~L!,t BElICH
OFFICE OF THf: IU.YOR
G'Ece&E Mt-tt-JTEL\ s
Cory
MEMO
To:
OFFICE OF THE CITY ATTORNEY
FileNo.:
410.04-00424
Date:
Re:
Execution of Contract
Amendment No.3 to the Annual Microsurfacing Contract
Florida Highway Products, Inc.
$400,000.00 06.271
Transmitted herewith for your signature are two (2) original documents described above. The document has been
reviewed and approved for legal sufficiency. You are authorized to execute these documents pursuant to the
Procurement Code. .
After you have executed these documents, kindly forward the documents, along with this memo, to the City Clerk's
Office.
To:
From:
Blane Kathune, City Clerk .t.
Nicholas I. Igwe, Assistant City Attorney
Transmitted herewith are 2 original documents executed by the Mayor. Please take the actions indicated below
with respect to these documents:
II' Attest to the execution of the document by the Mayor.
-L Date the document as of the date of execution by the Mayor. (If dated by the contractor on the first
page, strike through that date, write in the date of execution by the Mayor and initial).
Leave the document dated as of the date written by the contractor. (Use this prior date as the
contract/amendment date in the Bond, if checked off below).
~ Performance Bond: Write in .the contract/amendment date in the spaces provided.
~ Labor & Materials Bond: Write in the contract/amendment date in the spaces provided.
~ Power of Attorney: Certification - Date the certification as of the date of the contract/amendment.
The Mayor is authorized to execute the contract/amendment in accordance with:
.L Procurement Code. Procurement certification is attached.
Commission Approval. Resolution No.
The contract termination date is: .February 24. 2008
CONTRACT AUTHORIZATION
Procurement Process
Compliance Certification
This will certify that the undersigned department director or his/her designated representative
has determined that the Contract(s) submitted for signature by the Mayor comply with the
Procurement Code (the "Code") in the following respects:
I. The project has been specifically described in the Budget with regard to the nature
and estimated amount of the project
2. The project does not involve above ground changes to the City.
3. The amount of the Contract meets the budget requirements of the Code.
4. The Procurement Official has been provided with all necessary copies and or other
documents necessary for maintaining the reports required by the Code.
ng Services Director
tf /I<<f~
Date
Public Utilities No. 0'. d 71
Project Name: Annual Contract for Microsurfacine Amendment 3
Work Authorization No.
Project No.:
Contractor:
Various Number of Originals needing Signature
Florida Hiehwav Products. Inc.
2
Contact Person: Nasim Taheri. Senior Proiect Eneineer
Attached:
Extension:
1094
x
X
Justification Memorandum
Other; Amendment No.3
Purchase Requisition/Change Order
Expenditure Detail
Divisional Review:
Mproject Manager
_ Division Manager
Fiscal Services
N/ A Senior Accountant / Accountant
Capital & Bond Fund Supervisor
Fiscal Services Manager
F:\RHewin\Projects\Annual Contract Microsurfacing-Various\Amendment No. 3\Compliance Cert.doc
1 1/7/06
MEMO
Engineering Services Department
To:
Lois J. Frankel, Mayor
Jonathan Bramley, Director of Engineering Services ~
....,-
Nasim Taheri, Senior Project Engineer ,,7:1
Request for Approval of Amendment No. 3 to the Annual Microsurfacing Contract with
Florida Highway Products, Inc. to renew the Contract for Final Term and Price
Adjustment.
November 7, 2006
Thru:
From:
Subject:
Date:
Annual Microsurfacing Contract with Florida Highway Products, Inc. was executed by the Mayor on
February 25, 2004 for a twelve {12} months term.
Amendment No. 1 to renew the contract for an additional year and revised the rate schedule by
11 % executed by the Mayor on March 31 J 2005.
Amendment No. 2 to renew the contract for an additional year and revised the rate schedule by
15% was executed by the mayor on January 31,2006.
Amendment No. 3 to renew the contract for the final term and increase rate schedule by 7% as
requested by Florida Highway Products, Inc. due to the rapidly escalating cost of raw materials, and
based on the August, 2006, Produced Price Index (PPI) for Street and Highway Construction.
The City desires to amend the Cost Schedule to reflect the increase in the unit prices for the
remainder of the contract, effective the date of execution of the contact by the Mayor.
Pursuant to Section "4",. the term of the Contract will be renewed for the Final Annual Term,
commencing February 25, 2007, and will expire February 24. 2008. The anticipated value of this
contract for the remaining term is ,.. ,8es:sQO.. The funds for Amendment No. 3 will be provided
through various accounts. q 4- 0 0.1 () 0 ..) '':::' 0 t'\~ u\
The streets selected for the microsurfacing improvements may be increased or decreased at the
City's discretion.
The City Small Business (SB) Division established an S8 goal of 4% for this project. Florida
Highway Products, Inc. will be providing 4% Small Business participation for this project.
&IAn Equal Opportunity Employer"
It is requested that the Mayor approve and execute the attached two (2) originals of Amendment No.
3 where designated and return the entire submittal to the attention of Chandre McGee, Lead
Contract Specialist, Engineering Services Department.
Attachments: Amendment NO.3 (Two Originals)
cc: Joe Piazza, Capital and Bond Fund Supervisor
Nora Laudennilk, Purchasing and Contract Manager
Ben Couden, Senior Accountant
Sealed Bid No. 03/04-06
~, Otlll
'/?/r"Y S
-,. ~ ..... fit.
-':, VRl
AMENDMENT NO.3 TO THE
ANNUAL MICROSURFACING CONTRACT
THIS AMENDMENT NO. 3 TO THE ANNUAL MICROSURF ACING CONTRACT
("Amendment No.3") is entered into by and between the CITY OF WEST PALM BEACH
("City") and FLORIDA HIGHWAY PRODUCTS, INC., a Florida corporation, located at 3900
U.S. Highway 17 North, P.O. Box 928, Bartow, Florida, 33831 ("Contractor").
WHEREAS, the City entered into the Annual Microsurfacing Contract, dated February 25,
2004, with the Contractor to perform various roadway microsurfacing projects, on as needed basis;
and
WHEREAS, Section "4" of the Contract provides that the Contract may be renewed for three
(3) additional one (1) year periods and specifies for adjustment of the unit prices listed in the
Schedule of Bid Items, Exhibit "4", for renewal terms, pursuant to the Consumer Price Index for
Highway and Street Construction; and
WHEREAS, pursuant to Section "4", the initial term ofthe Contract expired on February 24,
2005; and
WHEREAS, on March 31, 2005, the City renewed the Contract for an additional one (1)
year period ("Second Annual Term") and increased the unit prices specified in the Schedule of Bid
Items in accordance with the provisions of the Contract; and
WHEREAS, on January 31,2006, the City renewed the Contract for an additional one (1)
year period ("Third Annual Term") and increased the unit prices specified in the Schedule of Bid
Items in accordance with the provisions of the Contract; and
WHEREAS, due to the continued increase in costs related to road construction materials,
the Contractor has requested further increases in the unit prices of the Contract; and
WHEREAS, the City desires to renew the Contract for an additional one (1) year period
("Final Annual Term") and further amend the unit prices of the Contract, subject to the terms and
conditions contained herein.
AGREEMENT
In consideration of the foregoing recitals, the mutual covenants contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and Contractor hereby agree as follows:
1. Recitals. The City and Contractor hereby acknowledge and agree that the recitals set forth in
this Amendment No.3 are true and correct in their entirety.
2. Contract. All references to "Contract" shall mean the terms and conditions contained in the
Annual Microsurfacing Contract, dated February 25, 2004, as amended by Amendment No.1,
Florida Highway Products. Inc.
Annual Microsurfacing Contracts-Amd. No.3
10312006
Amendment No.2 and this Amendment No.3.
3. Term. Pursuant to Section "4", the term of the Contract is hereby renewed for the Final
Annual Term, commencing February 25,2007, and expiring February 24. 2008.
4. Schedule of Bid Items - Exhibit 4. Effective upon the full execution of this Amendment
No.3, the Schedule of Bid Items as reflected in Exhibit "4" of the Contract is hereby amended to
reflect the increases in the unit prices, as set forth in Exhibit "3-A", attached hereto and
incorporated herein by this reference. The Contractor agrees to honor the unit price rates specified
under this Amendment No.3 through the expiration of this Contract and shall not seek any additional
rate increases under this Contract.
5. Compensation. The anticipated value of this Contract for the Final Annual Term shall not
exceed the sum of Four Hundred Thousand and 00/100 Dollars ($400,000.00). The City reserves
the right to increase or decrease the anticipated value as necessary to meet actual requirements. The
City does not guarantee any minimum amount of work, or the extent of services required. It is
understood and agreed that the City's obligation to pay under this Contract is contingent upon an
annual appropriation for its purposes by the City Commission.
6. Effect of Amendment. Except to the extent the Contract, is modified by Amendment No.1,
Amendment No.2 and this Amendment No.3, the terms and provisions ofthe Contract shall remain
unmodified and in full force and effect.
7. Construction. In the event of a conflict between the terms ofthe Contract, as amended by
Amendment No.1, Amendment No.2 and the terms of this Amendment No.3, the terms of this
Amendment No.3 shall govern and prevail.
[Remainder of page intentionally left blank]
2
Florida Highway Products, Inc.
Annual Microsurfacing Contracts-Amd. No.3
10312006
IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No.
3 as of the date and year written below.
A2/~
City Clerk
By:
, 2006.
F: \utilities\agreements\amend\fh-microsurf-amd3 .doc
410.04-00424NIl
CITY ATTORNEY'S OFFICE
Approved as to form
andlegalsuffic~e\c~.
By: t'\ \ \ /W' 2Jl^--'
Date: l7 -'7 -4&
FLORIDA HIGHWAY PRODUCTS, INC.
:~/-;;;::4~ ft~~
Title: ?MI/)F~
Florida Highway Products, Inc.
Annual Microsurfacing Contracts-Amd. No.3
103 12006
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Page 1 of 1
.
u.s. Department
of Labor
Bureau of Labor
Statistics
Bureau of Labor Statistics Data
www.bls.gov ~ Advanced Search, A-Z Index
BLS Home r Programs It Surveys , Get Detailed Statistics r Glossary , What.s New , Find It! In DOL
Change
Output
Options:
From: 1996
To: 2006
~
o include graphs NEW! More Formatting Options...
Data extracted on: September 21, 2006 (9:33:38 AM)
Producer Price Index Industry Data
Seri.es Id: PCUBHWY--BHWY-_
Industry: Highway and street construction
Product: Highway and street construction
Base Date: 8606
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nay Dec Annual
1996 119.9 119.8 120.6 122.0 122.6 122.0 122.0 122.3 123.0 123.5 123.8 124.0 122.1
1997 124.6 124.7 124.2 124.3 124.5 124.4 124.2 124.9 125.0 124.9 124.9 124.3 124.6
1998 123.8 123.4 123.0 123.6 124.0 123.9 124.0 123.4 123.6 123..6 123.3 122.3 123.5
1999 122.8 122.6 123.3 125.4 125.9 126.0 126.9 128.1 129.0 128.8 129.6 130.7 126.6
2000 132.0 134.0 136.0 135.6 135.8 137.6 137.1 136.6 138.9 138.5 138.4 137.3 136.5
2001 137.8 138.2 137.4 138.5 139.9 138.8 136.6 137.0 138.4 135.4 134.1 132.4 137.0
2002 132.9 132.4 132.7 133.3 133.8 133.9 134.1 134.2 134.4 134.4 133.9 133.7 133.7
2003 134.7 135.7 136.8 137.1 137.0 136.9 136.7 136.9 136.8 136.7 137.1 137.2 136.6
2004 140.5 141.2 142.5 145.2 147.9 147.0 149.2 150.5 151.8 155.5 155.4 152.0 148.2
2005 154.3 156.5 160.4 162.9 162.4 163.7 167.6 170.0 176.1 180.8 173.1 173.4 166.8
2006 177.5 175.9 179.4 185.4 188.3 190.2 191.9 193.4
(P) (P) (P) (P)
P : Preliminary. All indexes are subject to revision four months after original publication.
FreauentlY Asked Ouestions J Freedom of Information A~ I Customer Survey
Privacy It Security Statement , Unkina to Our Site , Accessibility
u.s. Bureau of Labor Statistics Phone: (202) 691-5200
Postal Square Building Fax-an-demand: (202) 691-6325
2 M..,a,hu"",, A~., NE Data qU","on" bl"'_ -bls,....
Wa'h'ngton, DC 20212-0001 Technical (web) qu.""~,, ""''''--'.,go.
Other comments: feedback@bls.aov
http://data. bls.gov/PDO/servJet/~J Jrv"'..,{),,1'.....+C' ~.J _~_, _
Florida Highway Products, Inc.
P.O. Box 928 · Bartow, FL 338'
3900 US Highway 17 N. · Bartow, FL 33&.
(863) 533-7881 · FAX: (863) 533-4404
October 9,2006
Nora W. Lauderrnilk, CPPB
Procurement Official
City of West Palm Beach
Purchasing
1045 Charlotte Ave.
West Palm Beach, FL 33401
Re: Bid No 03/04-06 Annual Microsurfacing
Dear Ms.Lauderrnilk:
We would like to summit the following price adjustment for your consideration.
This escalation is based on the Procedures Price index for Street and Highway
Construction. Due to the rapidly escalating cost of raw material costs we have had to
project this index for the remainder of the contract. We appreciate our long standing
relationship with the City of West Palm Beach. Thank you for your thoughtful
consideration of this escalation.
Cry Truly Yours,
-Id:~ /. P
Robert H. Ma~ra
President
ajilUC LJHUHfS
OCT 1 0 1006
f "NGlNEERING SERVlCF
www.florldahlghway.com
Emafl: Admin@AorldaHlghwav.net
Small Business Division
Tel. (561) 822-2100 Fax (561) 822-1275
Small Business Program Recommendation Report
Instructions: Use this form when a companylfirm is being recommended for an award of contract, a change order, or a purchase order.
Department Directors and/or their designees are responsible for the completion of Ihis form. Complete this form by filling-in the
information requested in Sections I, and Section II (for contract award) or Sections II and III (for Change Order). Submit this form to the
Small Business Division for approval. You can e-mail to Carolyn Paul-Haswell as attachment in Lotus Notes.
User Departmenl
Project Name
Sealed Bid, RFQ, WA, or RequisitionNo.
Recommended ContractorNendor
Is Ihe recommended company a certified SB?
Prepared By:
SECTION II. Contract Award - Attach a Letter of Intent (Form SB 07) for each company listed below.
SECTION I. General Information
Engineering Services
Annual Microsurfacing Contract - Amendment No. 3
SB 03/04-06
Florida Highway Products, Inc.
No IDid any 58 bid this project? INo
Robin Hewitt I Date: r 1111/2006
Total Contract Amount $1,000,000.00
Established 58 Goal 4 Ilf No Goal was e
Awarded 58 Goal 4.00
sa Subcontractors SB Contract Amount Percent
This contract will consist of work orders, $0.00 0.00
FHP will use Wynn & Son Environmental $0.00 0.00
for overall participation of 4%. $0.00 0.00
$0.00 0.00
Wynn & Son TBD 4.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
Total Awarded SB Subcontract $0.00 4
stabliShed, check with an X
SB Office Use
Change Order Num.
Previous Total Contract Amt.
Change Order Amt.
Revised Total Contract Amt.
SECTION III. Change Order on Contracts - Attach copy of the Change Order
I I
SB Subcontractors SB Contract Amount Percent
$0.00 #OIVlO!
$0.00 #OIVIO!
$0.00 #eIVlO!
$0.00 #OIVIO!
$0.00 #ONIO!
$0.00 #OIVIO!
$0.00 #DIVlO!
$0.00 #O/VlO!
$0.00 #DIVIO!
$0.00 #OIVIO!
Total Awarded SB Subcontract $0.00 #DIVlOI
sa Office Use
Form S8 08 OctOO
RISK MANAGEMENT COMPLIANCE CERTIFICATE
AND INSURANCE CERTIFICATES
PROJECT NO. Various
PROJECT: Annual Microsurfacina Contract-Amendment No.3
This is to certify that I have reviewed the required Insurance Certificate(s)
submitted by the Contractor for the above Project, and find that the Contractor has
furnished to the Owner such Certificate(s) of Insurance by companies acceptable to the
Owner and the Engineer with regard to type and amount of coverage, as well as form of
notice, as stipulated in the General Terms and Conditio7ns.
,';f ,
Ann-Marie Sharpe, Ris
City of West Pal
This -11- day of
,200*"
ThiI CllI1iDc:do is ClUlCIIIed IUdl iasurmc:e as is a1JiIRIed daose BMOO6I
Certifkate ofllllluruce
ttific8lII is iaued . . JIIIIIIr of iIIbmIIIiaa CJIIIy aad aJdn IIlI riIbIs 1IJIOD}'OIl !he catificaID hoIcIer. This catificoIe is IIIlt .. -....- policy Ulll does - ....s. omad. or aIIer 1be..........
l.u :to:rtIfy tU::=~ addreslofIlISIIred). . t1t Lib~
FLORIDA HIGHWAY PRODucrs INC
3900USHWYI7N
BARTOW, FL 33830 Mutual,..
is, at \be __ dailD ofdais CllIIifiale. ___ by \be CaaIply __lbepoliey(iea) IWaI beIcM. ThD -.-1IfIiInIDd by 1Ia1ille4 paIic)'(..) is IIIiject to oIl1lleir -. lIIIdIIIiIlas aad CC8IiIiaas ..
[
isllllt ..... _ ClI' amdiIim of- CDIIIDClCll'odIIr~ wiIh -lD wbich dais catificoIe-lIe ......
. Exniration Tvoe EfI'JEm. Datell) Policy NIUllbert'I) Limits or LiabWtv
Continuous. CoYenp afI'onled uder WC law of Employers :u.lJlity
- t1ae followilll statls: BodDy Injury By Acddent
- BxteDded
x Policy Term Ead Acddent
BodDy Injury By DlHue
Polley LImIt
Workers Compenaatlon BodDy Injury By DIIeue
Ead Penon
01ll'0112OO6/08I0112OO7 11a1-121~16S~6 GenenI Agrepte-Otlaer tIwa Prod/Completed Operatlou
GeDeralUabWty 52,000,000
Pl ~UC UTllmeS ProdDdllCompleted Operations Aggregate
fi)~ I 51000000
BodDy ID,Inry and Property Damage UabIilty Per
~,,~ - 2 1006 51000000 Oecarrence
I Retro Date I Peno.... and AdvertisiDg Injury Per PenOD I
ENGIN EERING SEIMCES . tion
OtIrer UabDity I OtIaer LlabDlty
01ll'O112006/ 0810 112007 ASI-121-0916S~16 EacIl Accident - Single Limit - B. L and P. D. Combined
AutomobUe LlablUty SI 000,000
Eadl Penoa
~=... I Eadl Accident or Occurreuce
X Hired
Each Accident or Occurrence
C .CANCELLA.TION CLAUSE OOES NOT APPLY TO NON.pAYMENT OF PREMIUM.. --
0 -
wi ADDmONAL INSURED WITH REGARD TO GBNER.AL UABlLlTY WHEN REQUIRED BY WRITEN CONTRAcr: TIlE CITY OF WEST PALM BEACH WITH
M RESPECT TO won PERFORMED
E
N
T
S
OIf\be c:atlficate expfttiaD cIoIe is ClIIIIiDuouI at exIIladed IllIID, you willie IIIltified if COWWlIF is IieIDIiIIIIecI at.......lle1in \be ~ expinIioa date. Howev.,)'lID willlIIlt lie IIllliIied aIIIIIWJy of
tlJe -- oleo.......
Special Notice _ Ohio: ADy ~ wIIo, willa iIIIeat to ddaud ar IaIowiD& Ibat be I. is &ciIitoIiq . bIId ...... ........ ....... .. oppIicatioa at 6IeI. cWm --.. filIse at
decepIiYe_la pJiIty of___ bDd.
ImporlIDI ;,,~ 10 flarida paIicyIIoIdas ODd catlficaIe boIdea: iD lbe _ you haw ..y........ at aeed ...........lIIIaat dais -aticD fOr aay -. pIeuc IDIIlIl:t yaur 1Dca1a1a)llOdaccr,
wbDse_ aad ~ mmbor IppOIlD iD !be Iowa' left _ of1bis a:rtiicatL Tbc IppIIIIriaIc IDca1A1a o6e maiIiDi..... -.y _lie obIIIiDed by caIIiDtIlbia......
Nolic:eof-........ <-...,.uc.bIc.... .......ofdayl illlIIIIlled below). Bdixe!be ........apinliaaclde \be ClIIIIpIB)'WilI_ ceIIlZI at reduce !be-.....- dJnIed....\be obcm:
po1iciel lIIIIi1 at !eat 30 dayl1IOIice oflUdl-- bu.... u.iIed 10:
Office: TARRYTOWN. NY.roMM MKTS Phone: 914-332-9770 _~'JlL<
--
Ccrtifkate Holder: SUSAN RYAN
CITY OF WEST PALM BEACH Authorized Re.......entative
~
l:iNGINBERING SERVICES DEPT
PO BOX 3506
WEST PALM BEACH, FL 33402-3506
Date Issued: fYl/'}J,/2006 Prepared By: DG
Policy Number:
Dale Entered: 5/2/2006
DATE (MMIOD'VVVYJ
ACORDw
.i!..
. PRODUCER Advanced Comp
2525 Drane Field Road,
Lakeland, FL 33811
CERTIFICATE OF LIABILITY INSURANCE
Ste. 3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTlFICAlC DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BE' -''1,
(863)646-3332
INSURERS AFFORDING COVERAGE
NAIC #I
INSlJ'lED
456
Florida Highway Products, Inc.
3900 U S Highway 17 North
Bartow, FL 33831
INSURER A Bri
INSURER B.
INSURER C
INSURER D
INSURER E.
er. Insurance Co an
COVERAGES
THE POlICIES OF ~SURANCE LISTED BELON HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD ~DICATED. NOTWITHSTANDING
ANY RECUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITICJIlS OF SUCH
POlICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
INSR POLICY N..NBER P
GEIIERAL UAIIIU1Y
COMMERCiAl GENERAl UABlUTY
ClAIMS MADE 0 OCCUR
UIiITS
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
EACH OCCURRENCE $
$
ME[) EXP $
PERSONAL & I4CN IN.JJRY $
GENERAl AGGREGATE $
F'RODUCTS. COhlPIOP AGG $
COMBINED SINGLE liMIT
lEa ecodenl)
BODILY INJURY $
(P... person)
ElODlL Y IN.JJRY f
(P... acadenl)
F'ROPERTY DAMAGE
jP... acddent)
AUTO ONl. Y . EA ACODENT
CES OTHER THAN EA N:.C $
AUTO ONl. y' AGG S
EACH OCCURRelCE
AGGREGATE S
$
S
$
$ 500,000
$ 500,000
$ 500,000
LOC
AUTOMOBILE UABIUTY
ANY AUTO
GARAGE LIABUTY
ANY AUTO
EXCESSIlNBRELLA UA8IUTY
OCCUR n ClAIMS MADE
A
DEDUCTIBLE
RETENTION $
WORKERSCOMP~nONAND
EMPlOYERS' UASIUTY
ANY PROPRIETORJPARTNER/EXEOJTIVE
OFFICERlMEMBER EXCLUDED?
~~a~S~~~s.~~
OTtER
0830-29826
2/1/2006
2/1/2007
E.l EAOi ACCIDENT
E.L DISEASE - SA EM"lOYEE
E.l. DISEASE. POLICY LIMIT
OESCRlPTION OF Of>B'ATIONSI LOCATIONS I VEHCLES I exa.USIONS ADIlED BY ENlORSaIENT' I SPECIAL PROVISIONS
~Kenzie fax' 561-805-6676
~gineering Dept fax' 561-494-1116
CERllFICATE HOLDER
CANCELLATION
Ci ty o~ West Pal.m Beach
Engineering Oepartment
1000 45th Street, Ste. 15
West Pa!.m Beach, FL 33407
SHDlLO AJot( OF TIE A80W DESCRIBED POUCES BE CANCELLED BEFORE TIE EXPlRATlOI
DATE TlEREOF, TIE ISSUNG IIIISl.R;R WIll eN:IEAVDR TO MAlL ~ DAYS WRITTE"
NOTICE TO TIE CERTIFICATE HOLDER NAMED TO TI-E LEFT. BUT FAllllU: TO DO SO SHAW
IMPOSE NO DBUGATION OR llABlUTY OF IWf KINO UPON TIE 1NSl.RER. ITS AGEPoITS (1'
RS>RESENTATIVES.
AUTHORIZED REPRESENTATIVE
rieJ.din Dicke
Dl,:k~,.
1-=-~~JZ.R.-:..7 H fj-<--~/
@) ACORD CORPORATION 198
t
~CORD 25 (2001/08)
,~"jU':""ll USln.] F,".mlS BnS5 Pk..Js softlNare V'rvw.t FonnsBoss com, tmpresSIV8 Pubbshing 800-208-1977
. UL I . '::>1 . ':::l:1I1b 11 : c4HM
NO. 149
P.10
CITY OF WEST PALM BEACH
PAYMENT AND PERFORMANCE BOND FRONT PAGE
This Is thefront page of the performance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Surety Name: WESIrnFSIER F.IRE 1NSURAla aM>ANY
436 WAlNUT S1REEI'
ffiII.ADEI.HrrA, PA. 191(1)
Bond Number: KO 75 14 03 7
Contractor Name: Florida Highway Products, Inc.
3900 US Highway 17 North
Bartow, Fl. 33831
Owner Name: City of West Palm Beach
200 2nd Street
West PaImBeach, Pl. 33402
Project Number: Various
Project Description: Annual Microsurfacing Contract
Project Address: Various Locations, within the City of West Palm Beach.
Legal Description of Property:
This is thefl'01Jt page of the bond. All other pages are subsequent regardless of the
pre-printed !lUDlbers.
InID '00. KG 75 14 03 7
PERFORMANCE BOND
(This Bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA
COUNTY OF
}
} SS:
KNOW ALL MEN BY THESE PRESENTS that we, FlffiIDA HrCHlAY PROJ::lCrS, INC.
39X) US HIrnwAY 17 rmm BAR:ICM FL. 33831 as Principal hereinafter called the Contractor,
and WESIQIEST.ER FIRE :INSllRAOCE CIM'ANY
as Surety, are held and
firmly bound unto the City of West Palm Beach, Florida, as obligee, (hereinafter called the City),
in the Penal sum of
FUJR HUNOOED 'lHlEAND 00/100
Dollars, ($ 4OO.(xx).OO
)
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Contractor, on the /3 day of IL{;-v , 200~, entered
into a certain contract with the City, hereto attached, which Contract is made a part hereof by
reference thereto.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of said Contract, and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, then this
obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal is declared by the City to be in default under the Contract, or whenever
the Contract has been terminated by default of the Contractor, the City having performed the City's
obligations thereunder, the Surety shall:
1. Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions, and upon determination by the City and the
Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder
and the City, and make available as work progresses (even though there should be
default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the
balance of the Contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the Contract price" as used in this paragraph,
shall mean the total amount payable by the City to the Contractor under the Contract
and any amendments thereto, less the amount properly paid by the City to the
Contractor.
Perfonnance Bond
Page 1 of3
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the City named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and
against any and all liability, loss, cost, damage or expense, including reasonable attorneys' fees,
engineering and architectural fees or other professional services which the City may incur or which
may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the
part of the Contractor, any Subcontractor and Contractor's or subcontractor's agents, servants and/or
employees, in, about or on account of the construction of the work and performance of said Contract
by the Contractor.
The Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and
time or impact related damages, and is responsible for any and all warranty obligations or damages
as a result of latent defects or deficiencies in the work performed under the Contract Documents
incorporated herein or as provided for by Florida law.
The Surety waives all rights against the City and any of its agents and employees for damages or
other causes of loss by the Surety's performance of its obligations under the performance bond,
including claims by the Surety against the City for costs it asserts were not warranted by these
Contract Documents and excluding only such rights as the Surety shall have to proceeds of such
insurance held by the City as fiduciary. This waiver of subrogation shall be effective as to a person
of entity even though that person or entity would otherwise have a duty of indemnification,
contractual or otherwise, did not pay the bond premium directly or indirectly, and whether or not the
person or entity had an insurable or suretyship interest in the property allegedly damaged.
This bond shall remain in full force and effect for such period or periods of time after the date of
acceptance of the project by the City as are provided for in the Contract Documents, and the
Contractor hereby guarantees to repair or replace for the said periods aU work performed and
materials and equipment furnished, which were not performed or furnished according to the terms of
the Contract Documents. Ifno specific periods of warranty are stated in the Contract Documents for
any particular item of work, material or equipment, the Contractor hereby guarantees the same for a
minimum period offive (5) years from the date offinal acceptance by the City of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided by law.
Performance Bond
Page 2 of 3
IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their
appropriate officials on the 1'1 day of OOVFMBER ' 200~.
ATTEST:
~ )n nrI
secret~
Countersigned By Resident Florida
Agent Or Surety (Attach Copy of
Agent's current License as issued by
State of Florida Insurance
Commissioner)
PRINCIP AL:
Florida Highway Products, Inc.
!
tI L/l.-f,' _/
. .
(Affix
Seal)
Signature of Authorized Officer
......-j
,
/ !.-.E:;;- J~~A- -F/-
. .It- ~__.~.- /- I
Title
3<xX> US HIGfMAY 17 f{RlH
Business Address
BARI(X.l. FL. 33831
City
State
SURETY:
llBURAI'l:E CIWANY
Fact
A'fI(ENEY ill FACT
416 WAf NlIT ~FF.T'
Business Address
Hill.ADElHITA. PA. 191ffi
City State
Name of Local Insurance Agency
Perfonnance Bond
(Affix
Seal)
Page 3 of 3
ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION
STATE OF rt-~'fL-, ?A }
ss}:
COUNTY OF fl J-' L-it:.u
On this t (7.--. day of !J"'?&.,cA-I'n..~ before me personally came jlc1J~-L:I /J. H~ot/Z-t) to
me known, who being by duly sword did depose and say that he/she resides at l?P,::? M ~F/G~o ,f-vE
lv',1~;r:-"I- p-~ F-z-~ n;l4- 32--76- C, and that he/she is the J)~ .!~^-,-- of
"F'7__en_-. .~ .l.f-z.4.~ /,1Lp~ /!-"L.
the corporation described in and which executed the foregoing instrumenU that he/she knows the seal of
said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order
of the directors of said corporation, and that he signed his name thereto by like order.
~J.BE"" 'I ,d/ /7 '7 :'
f. =:'~l ~~~~ypf{LJc8/~~L
i \W .......-...... \R~
A MENT O,!PRINCIPAL IF A PARTNERSHIP
STATE OF
COUNTY OF
lss.:
On this day of ,before me personally appeared
to me known and known to me to be one of the members of the firm of
described in and who executed the foregoing instrument and he acknowledged to me that he executed the
same and or the act and deed of said firm.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL
STATE OF
COUNTY OF
lss.:
. On this day of ,before me personally appeared
to me known and known to be to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same.
NOTARY PUBLIC
STATE OF
COUNTY OF
ACKNOWLEDGEMENT OF SURETY
New York}
Nassau } sS.:
On NOVEMBER 13, 2006 before me personally came DIANA P. ALESCI
to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive
Plainview, New York 11803, that he/she is the Attorney in Fact of
WESTCHESTER FIRE INSURANCE COMPANY
the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name
thereto by order of the Board of Directors of said corporation.
ROSANNE CALLAHAN
NOTARY PUBLIC STATE OF NEW YORK
NO. 01 CA602444
QUALIFIED IN SUFFOLK COUNTx
COMMISSION iXPIR@$ MAY 10 -~..!!..7
./} ... 1/1
Il.-~"y\'<-- (--lP.t!}r.~v
NOTARY PUBLIC
.Power of
. Attorney
277252
WESTCHESTER FIRE INSURANCE COMPANY
I.
ll73
Know aU men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the State of New York. having its
prirn:ipal office in the City of Atlanta, Georgia. pursuant to the following Resolution. adopted by the Board of Directors of the said Company on November 8, 199',.
wit:
.RESOL VED. th.. the followiDg Rules sh.1I govem the executioo for the Company ofboods, uodcrtokings. rccognizaDces. con....... ond olber writings in Ibe nature Ih<:reof.
(I) That the PresidcDl. ony Senior Vice: President, ony Vice President. ond MsistaB. Vicc President. or any AllOfDey-in-FacI, mil)! exCCUlC>fored 011 bcholf oflbe Company ouy ond 011 bonds. uodcrulo:ings. rccognlZ.llnccs.
eontnlCllaDd other wrilings in Ibe nature Ibcn:of. lhc same to be lIIIestcd wh""lICCClIAIY by lhc CorponIIe Sccrdary. ... OIly AAislmtt C\lIJl'lII'* S~,""" Ibe scoI of Ibe Company .mud tba'cto;and Iballbe
Presidcm. ony SelI;or Vice President. any Vice President ... allY Assi_ Vice Pn:sidcDl mll)' _in'.ODd authorize any other off'lCcr (elected or _ia,ed) of Ibe Company. as Attorney,-ln.Faa to 50 e,ecute or altesl 10
lbe execution of 011 StlCb writings on bcholf of Ibe Company ..d '0 offi. the seal of the Company Ibereto.
(2) Any sucb writing execu.ed.in accordancc.wi1b Ibcsc Rules shall be OS binding upoo the Company in any case as though siped by the Prcoidcnt ODd _cd to by the Corporate Sc:acwy.
(3) The ,ign.ture of the Prc:sident. or a Senior VicePrc:s_t. or . Vice President. or all Assi.....' Viee President ODd the seal ofthc: Company mll)' be .<<",cd byfaesimilc on any power of attorney gran,ed punu",,1 to Ibis
Resolution. ODd \he siglllltU1C of . certifying Officer and the seal of the Company may be .m.ed by facsimile 10 any ccrtifi_ of my such power. ond any sucb power or ccrtifKate bearing sucb facsimile signature and ~
sbaII be valid ODd bindiDg on lhcCompany.
(4) Such otbcr 01f1CCR of Ibe CompallY. and Attomcys-ln-FIICl ,bolt have lWthority to certifY or verify copies of this Resoluti.... the By-L.ws of the Company, and my affidavil nr record oftbe Comp..y necessary '0 Ibe
discborge of Ibeir duties.
(5) The. passllge of Ibis Rcsnlution docs DOl KVoke any earlier outbority gtmrtcd by Resolutions of Ibe Boord of Di<cc.ors..
Does hereby nominate, constitute and appoint DIANA P. ALESCI, MARYLOU BROWN, ROSANNE CALLAHAN, ROBERT FINNELL,
PETER HENRY andRlCHARD K. KAINZall ofth6 City of Plain view, State of New York, each individually if there be more than
one named, its tnIe and Iawfulanomey-in-fact, to make; execute, seal and deliver 00 Its behalf, and as its act and deed any and all bonds. undertakings.
recognizances, contracts and other writings in the nature thereof in penalties not exceeding Five MiIliOl'l DQ.llars (S5.oo0,000) and the execution of such
writings in purs~ceof these presents shall be as binding upon said Company, as fully and amply as if they had beeD duly executed and ackowledged by
the regularly elected officers of the Company at its principal office. .
IN WITNESS WHEREOF, the saidStephei1 M. Haney. Vice-President, has hereuntO subscribedbisname and affixed the corporate seal of the
said WESTCHESTER FIRE INSURANCE COMPANY this t 5th day ofSeptembci2006 .
WE~CHESTER FIREINSURANCE COMPANY
Jy,~ \'Y\J~
StephenM:Haney, Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILAPE~HIA 55, .. . . . . . .. .. . .....
On this 15~ day ofSeptembei' , 1\.0; 2006 ,bef(lreme. a Notary Public of tlle <::c)JIl1119pWealtb. ofPennsylvaIiiain and for the County of Philllde\'
camcStephefi M.Haney .Vice~Presidei1t of the Wi!:S1'CIfESTEk ...REINSUR.,\NCECQMPANY t9 me pCrSOtlally known to be the individual and
officer who cxeclltedtheprecedjng instJUID!lI1t~ andhellCiWow1edgc4 thai he~x~te4 tb~ SllIne, an4U#t 1be sC!ll iit'Jix~ to the preceding instl}UnCllt is the
corporate seal.of sail! Company; ~t.tJ!e sa!d t:ol'J'O'lll~~1 andhissignaiDre'w~ ~ly affixcc.l bylbe aut)lorityand direction of tbe said cOf1lOration, and
that R$Jlution, adopted by theBOatd~fDlrellto~ frf saidComrany, referred to in the preC!:!ilng~strWnent, is now in force.
IN TESTIMONy WHEREOF, lhavc hereunto set myliand and affixedQlY official!iCa1 attbe Cit)'ofPhil~~lphia the day and year lif'llt above writteJ
,_.,IH"~f"~~ ".'
I....~~.*~. . ""'"
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--7 . "',......
~II!~ '.~ ,;:..\,,\~
JIIotary Public
. (,the unclersi~S<7rc:tar)'OfWEST9II!:S1ER FIRE I!",SURANC,ECOMJ>N'/Y ,4Chereby certifytbat the original POWER OF
A ITORNEY, of which theforegl)ing is asubstantiltllytI1Icand correct copy, is in1\dlforceaJl~effect... . . .. .
10 witness \Vhereof, I have hereunto subscrib!:!i InY name.~ SeCretary, anl.\affued tbecorporate sealef the COl])Oration, this -13- day of
K>Vfl1BfR . ~
. '''-.~:- .. . .-
.:.; ...... ~ ....11\ _ .
\t!~,~~~4'I:)J-;]j&pr" .~...
......~~.c.'.... George D. Mulligan, Secretary
THIS POWER OF A ITORNEY MA YNOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFrERSeptember J 5,2008 .
.
THE BACK OF THIS DOCUMENT LISTS VARIOUS SFCIIRITV ""4T1IR""
-
TUA'T" '.1111 nn_~"""".'-''' .......... .........-. .--. .~._----- .-
WESTCHESTER FIRE INSURANCE COMPANY
FINANCIAL STATEMENT
ADMITTED ASSET~
DECEMBER 31,2005
BONDS
SHORT. TERM INVESTMENTS
STOCKS
REAL ESTATE
CASH ON HAND AND IN BANK
PREMIUM IN COURSE OF COLLECTION*
INTEREST ACCRUED
OTHER ASSETS
TOTAl ASSETS
$1.655,482,596
93,489,235
118,946,855
o
275.ns
123.588,897
17,757,019
233,090,132
$2,242,630,509
UABlLITIES
RESERVE FOR UNEARNED PREMIUMS
RESERVE FOR LOSSES
RESERVE FOR TAXES
FUNDS HElD UNDER REINSURANCE TREATIES
OrnER lIABlUT/ES
TOTAL UABIUTlES
$427.660,175
1,297,014,793
23,819.231
o
(45.884.056)
1.702,610.143
CAPITAL: SPECiAl SURPLUS
CAPITAL: 928,592 SHAReS, $4.85 PAR VAlUE
CAPITAL: PAID IN
SURPlUS (UNASSIGNED)
SURPLUS TO POlICYHOlDERS
TOTAL
213,300,000
4,503,671
160,938.389
161,278,306
540.020.366
$2.242.630,509
(*EXCLUDES PREMIUM MORE TIiAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John P. Taylor, being duly sworn, says that he is Vice President of..
Westchester Fire Insurance Company and that to the best of his knowledge and belief the
foregoing is a true and correct statement of the said Company's financial condition as of the
31 sf day t:A December. 2005.
S'Nom before me this
13th dayot Apnl, 2006.
{ff!hA'p< ';;>~9
My commission .
~EAlTH OF PENNSYLVANIA
~SeaI
0IneIe M. D81den, Nota.y Public
City 0/ P/iadeIphia, ~ ea...ty
My~ EllpiresQ:t 21, 2009
Idtmbet. P.nnsylvania Associalio" 0' NOlaries
o
15
. ie
. 5.i:'.,
NO SCALE
22
27
!
i
r
"
./'
34
I
i
...}
LEGEND
~ ::-",:t{ ~:' (:;:;{,~ (';f} 5;~J }i~ {) ,;>:) :'~'L';i ",:7(,\''./
IBll ,;WOO flOAf) CONWnON
all F;o.~!R f;'tOAO CCND1HON
c:::J BOYNTON CITY UMITS
:'" 00' E'EC'Pi)!\i (1,.?/t' ".iUAWEi.,
IMPROVEMENT SCHEDULES
ROADS TO BE RECONDmONED IN lOOT
TOTAL SQUARE YARDS. *
-
* COST ESnMATES: TOTAL SQUARE YARDSAPPROX.
MICROSURFACE COST
ASPHAL T OVERLA YB COST
100,483
$335,983
$5()2,418
CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
ROAD
RECONDITIONING MAP
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORh.
VI.-CONSENT AGENDA
ITEM B.2.
Requested City Commission
Meeting Dates
o December 5, 2006
o January 2, 2007
o January 16,2007
o February 13,2007
Date Final Form Must be Turned
In to City Clerk's Office
November 20,2006 (Noon.)
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
January 22, 2007
o
o March 5,2007
o March 20, 2007
o April 3, 2007
February 12,2007 (Noon)
December 18, 2006 (Noon)
January 2, 2007 (Noon)
March 5,2007 (Noon)
March 19,2007 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
RECOMMENDATION: Motion to approve a proposal for work under Master Contract with Vila & Son in the amount of
$79,927.50 for installation of landscaping for the Southeast Neighborhood Park.
EXPLANATION: Vila & Son is under annual contract approved by the City Commission on September 7,2004. As part of
the FY 06-07 Capital Improvement Program (CIP), the City plans to construct the Southeast Neighborhood Park. This park is
located on S. E. 2nd St. south of S. E. 27th Court and used to be a mango farm. The mango farm owner approached the City with
the offer to sell the City one half of the farm, or 2.3 acres. The property was purchased and the design was developed through a
series of meetings with the surrounding neighbors. The park will consist of a picnic shelter, picnic areas, a junior basketbaIl
court, a full size basketball court, play equipment, walking trail, small parking area, landscaping and irrigation. Vila & Son will
provide the installation of the landscaping of the park.
PROGRAM IMP ACT: The park will not require programmatic staff. Existing park staff wiIl maintain the park so that the
cost of maintenance will be minimal. The development of the park will be an enhancement for the surrounding neighborhood
which currently has no access to a neighborhood park.
FISCAL IMP ACT: The CIP includes funding in the amount of $680,000 for development of the park in account number
302-4298-580-63-05. The cost of the work to be performed by Vila & Son will be $79,927.50. Additional costs wiIl include:
Whiteside 418,442.50 (Site work - approved by City Commission on December 5, 2006)
Davco 51,659.00 (Electrical - approved by the City Commission on January 2, 2007)
Utilities 1,375.00
Play Equipment 56,103.00 (approved by the City Commission on January 2, 2007)
Pavilion 19,549.00
Furniture 18,008.00
for a grand total of $ $645,064. The remaining $34,936 wiIl be used as contingen,c
Department Name
ALTERNATIVES: Not to build the park.
/ ~ ----------
A:)epartment HeacrsSignature
Recreation and Parks
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC
~-r::,?""
.' \
. .
w\ \ IX
0' ;... dJ
;'\"". . .,i~' <:;
~>/~
TON ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Head's SignatureL
City Manager's Signature
Assistant to City Manager
Recreation and Parks
Department Name
City Attorney / Finance
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF A PROPOSAL FOR WORK UNDER
6 MASTER CONTRACT WITH VILA & SON FOR
7 INSTALLATION OF LANDSCAPING FOR THE
8 SOUTHEAST NEIGHBORHOOD PARK IN THE
9 AMOUNT OF $80,252.50; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, Vila & Son is under annual contract approved by the City Commission
14 on September 7,2004; and
15 WHEREAS, The City plans to construct the Southeast Neighborhood Park which will
16 consist of a picnic shelter, picnic areas, a junior basketball court, a full size basketball court,
17 play equipment, walking trail, small parking area, landscaping and irrigation; and
18 WHEREAS, the City Commission of the City of Boynton Beach upon
19 recommendation of staff, deems it to be in the best interest of the citizens of the City of
20 Boynton Beach to approve and authorize the execution of the proposal with Vila & Son for
21 installation oflandscaping for the Southeast Neighborhood Park in the amount of $80,252.50.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby approve and authorize the execution of the proposal with Vila & Son for installation of
29 landscaping for the Southeast Neighborhood Park in the amount of $80,252.50, a copy of
S:ICAIRESOlAgreementslTask - Change OrderslVila & Son (SE Neighborhood Park).doc
which is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
3
PASSED AND ADOPTED this _ day of February, 2007.
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
ATTEST:
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CAIRESOlAgreementsITask - Change Orders\Vlla & Son (SE Neighborhood Park).doc
PROPOSAL
JOB#385
PAGE I OF2
VILA &
SON
TO: CITY OF BOYNTON
PARKS DEPT.
ATTN. JUDY RIVERS
FROM: DAVID VINCENT
RE: SE NEIGHBORHOOD PARK
PER CITY OF BOYNTON BEACH
Annual Contract For Landscape Maintenance
Bid #079-2730-04/CJD
PLEASE ACCEPT OUR PROPOSAL FOR THE FOLLOWING SERVICES:
ITEM QUANTITY DESCRIPTION UNIT PRICE TOTAL
#2043 II LIVE OAK 4'CAL 18'OA $1100.00 $12,100.00
100GAL-6'CT
#2069 II PIGEON PLUM 2' CAL 10'OA $145.00 $ 1595.00
30 GAL-9'-10'
#2044 II GUMBO LIMBO $256.00 $2816.00
3.5 CAL 180A 5.5 SPD
#211 7 143 ILEX 3-GAL-8"HT-8"SPD $9.50 $1,358.50
#2134- 54 (ASSAP)W AX MERTLE 3-GAL $12.00 $648.00
18"HT -15"SPD
- #2134- 108 (ASSAP)WILD COFFEE 3-GAL $12.00 $1296.00
18"HT -15"SPD
#2134- III (ASSAP)COONTIE 3-GAL $12.00 $1332.00
I 8"HT-l5"SPD
#2134- 28 (ASSAP)SIMPSON STOPPER 3-GAL $12.00 $336.00
18"HT-15"SPD
PAGE20F2
VILA ~~
sOt
ITEM QUANTITY DESCRIPTION UNIT PRI CE TOTAL
#2134- 308 (ASSAP)FISHT AIL FERN 3-GAL $12.00 $3696.00
18"HT -15"SPD
#2092 70 3 Vertical Staking $21.00 $1470.00
#2058 90,000 St Augustine(FLORA T AM SOD) $0.32 $28,800.00
#2152 640yd Back Fill 50/50 $27.00yd $17,280.00
#2155 3000 2 Cf mulch (Melaleuca) Bag $2.40 $7200.00
TOTAL 79.927.50
IRRIGATION IS NOT INCLUDED WITH THIS PROJECT
ALL PLANTS AND TREES INSTALLED BY THE CONTRACTOR RECEIVE A ONE YEAR LIMITED WARRANTY
Acceptance:
DAVID VINCENT:
VILA-N-SON
1930 D RD
LOXAHATCHEE, FL 33470
OFFICE 561-795-3070
FAX 561-795-3879
CELL 561-248-3904
t, "7..
I, '
... I'.,..
~..u~~..
. mn, :wn~ mill Gal: i. m:mmun .~ ~ lIfIE
- -
'd'
.
.
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:.LAND.SCAPE 'INSTALLATION.. ___no
- ...-----r-- .: ,_ " . ......-;---
. .
. .
'.' .SCHED'ULEOF,PRICES'
.. . ~~~a>.D/~4r ... ..
....
'I
ITEM
#
ITEM
DESCRIPTION
......... ,.".'"
2001 DENSE CANOPY, (8& B, 8"W,12"O)
2002 DENSE CANopy,l B& B, 8"W,12'O)
2003 CANOPY, (8& B, 8"f",12'O)
I 4' (;Al, MAX, 14 UP"
~m (',40A, IKlI'l.I::IKUN~,OENSE
,,'0 V,,^ '0 """,' _~" IU
2004 BASE
fGM.'"." " ,. ., FULL TO
2005 EDGE OF POT MIN.
2006 BlACK OUYE (BUCDA BUCERS) 3,0' CAL 16' OA, X 5,0' SPR.,8'C,T,32' OIA, ROOTBAU. 8& B
1,5. CAL. 1~' OA, X 0.0' Sf'R"G,Ou,I.JO' UlI\,
2007 B
.,10' HT: X 15. SPR, FULL
,NO
.
. 2008 EVEN FOUAGE
2009 BOOTS (B&Il, 10' W,18'O)
> 11'M:;10'C,T.,
"",,-,13'C,T.
'.....', lKlM,NU
2010 BOOTS (B&Il, 10' W,18"O) .
""L-, 10";./.,DI:NliI:: VNIUr- . l>Crvru: TRIM, NU
2011 BOOTS.(B&Il, 10' W,18.0)
~l.:i~
2012 BOOTS (6&8, 10'W,18.0)
'. .'~' IUt II ""'-.,MM lO'C.T,,DENSE ........ur- 'l>Cruru: fRIM,
2013 NO BOOTS(B&Il, 10'W,18.0)
""'-, MM 13'1,;,]. rRIM,
IV/, II ""'-,,10 v, "
,",M, NO
2014 NO BOOTS (B&B,10'W,18"O)
, CAL., MAA 10'1,;. .,
2015 NO BOOTS (B&B, 11r W,1~'O)
2016 NO BOOTS (B&B,10'W,18"O)'
> 1 . CAL, MAX 18'C.T.,
, ~'C,T: . 14'OA
2017 (B&B 8"W,12"0)
.
"",-,14'OP"llEtlSE ........ur- ,I""""o'n,
2018 12"0)
2019 18.0)
2020 18.0)
2021 ROOTBAl.l. 6&B
'"",-,W OA, ......,,'~ .......we ,ICODI'U''',
'"",-,l~'QP"
.ltlllll) 1U'YV,
.\ ~
V\L" ,. , " b'C,I.,lG' lll!\,
""",, '" ,,0 v. ,,0< LN\.
2022 ROOTBALL 6&8
2023 CRINUM UL Y (CRIHUM ASIA nCURM) 7 GAL 30"0A .,LERIO OR SETTER FULL EVEN FOUAGE
.'. ' ~~" ' U u". ^ L,' """,' 4' C,T.. 20' DlA, ROOTBALL
2024 B&B'
2025 rNiAAF YAUPON HOLL ypLEX VOMITORlA) 3 GAl,16"OA X 16:' SPR.fUlL FOUAGE
.
2026 rNiAAF CARlSSA(CARJSSA MACROCARPA) 3 GAL 14 X 14 SPRo,FULL FOUAGE
,'0 V"^0.u"",,,,,G.U'\';.I..,36"0IA
20'lT ROOTBALL 6&8 .
"'IlL" '" .,
2028 POT
.
2029 FAKAHATCHEEaRASS (TRIPSACUM OACTYUOOES) 3 GAl WELL ROOTED 18. HT MlN
, S'OA. X~' SPH.. V"..~~ , nu", 15 GIlL..
2030 CONTAINER
2031 12"0)
2032 12"0)
""''''0' CAL.,MIN. 1LUA,
'" "I IU ""'-,MI..., 10'OP" Dl:N::it VNIUr- ,ICOD.O'n'}\
UNIT PRICE TO _
SUPPLY & INSTAlL
EACH ITEM
COMPLETELY
2-5D.Ii-.e
)..'t 3 .~
J s-c, -
7. ~
1. l';,
J.. '7 f'. ";
? ']0 ,...
I KIM,
{3. -
t 1..~. -
( 2. 'S".-
t2S.-
11.S:-
(lC;-
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/LI)
2S1>-
zt:tr-
329-
S'S-
2-5"{'. ~
371-. ~
Ze.-
l'fo ~
Cf.-
q, -
L{l<{-
Z.~
r. ~
( \ 2...-
St.\. -
318.-
ITEM UNIT
QUANTITY
X5
X5
X5
X 25
X 100
X5
X5
X5
X5
X5
X5
X2
X5
X5
X5
X5
X5
X5
X5
X5
X20
X 10
X5
X 2
x10
x 10
x2
X50
x 10
X10
X 10
X10
TOTAL
PRICE
( L 5"0 -
li.(~~-
11 ~o -
l'1r-
2.10-
/J7)-
I b 5'0 -
bS" -
b z..r-
.~ 1Y-
bL~-
2- sc:> -
62~-
b 2.S' -
, h z.s- -
b2~ -
, 2.S'C -
1\l7r-
I b\f 5'-
ffzS-
~t l.J:; ,
S 7KO.-
f<..fo-
2go-
(je-
qs -
K4P-
rY 2. ~
g):-'
lI1.o -
)1) ((0 -
'3 7 ic -
SUB TOTAL PAGE ONE ONLY 37/ '3"'5'". ~
I
I
I
UNIT PRICE ONLY FOR
LABOR TO INSTALL
EACH ITEM PROVIDED
BY CITY
~ B. '1
Ill. i'r
I 2.. 't 'ill'I'
'3 1'1
I , 2..,;!
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/1'f I bj
It 1:>.1
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~D. er~
bo. q.!
60. 'il
b o. 91
bOo cr.!
60. 'il
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12..1. ~
/32... b]
ql.{. I]
/ 1ft:,. 5.:!
q,~
57. !J.
3. ,...?
3. >]
{IT. ~z..
. z;2.
I. -
3.lj
L{ f. !!
/D1. <{'I
11'. ~
2., z..~s-.'i!
Ii, .:. f
.~'
~:~
.. GREEN
2034 ROOTBALL B&B
2035 ROOTBAU. B&B
2036 BASE
ITEM
DESCRIPTION
"J . OA :;7SPR, ~
1,0' (;AL..
, n; I , 36"DIA,
r,
, . W'oL" '. 6,5'C,T..3b" DIA
-,
'. l4' M I To. 10'"
2037 IXORA'PETITE' REO TArNAN r::fNARF 3 GAL 12" HT X 15' SPR,. FUll. EVEN FOLIAGE
'~/l,O'CAl., IV u" ^ '" ""'''"lll" lJIA.
2038 ROOTBAll B&B
2039 KOPSIA (OCHROSIA EUP11CAL) 1,r1' CAL.. 8' OA X 21. SPR.. 3,0' C.T, .16' CIA ROOTBAU. B&B
,.'. . 6'C.T, .'"
2040 B&B
0,"- W'oL ..6' O.A,.X 2:). SPR.. 3'C.T... 16' D1A..
........ ,.12' O.A. X 4,0' SPR" 5'C,T... 26' DlA..
2041 ROOTBAl.l. B&B
2042 ROOTBAl.l. B&B
4.CAL.
^ U ""'..
6,5'C,T, ..3ti
( 2043 CIA .ROOTBAll B&B .
2044 CIA. ROOTBAu. fI&B
2045' ROOTBAI.l. B&8
2046 CANOPY (B&B 8W,l2"D)
2047 CIA. ROOTBAll B&B
.'.........
.....n.. 5.0' C,T.. 24'
. . V1\L.. 16' OA, X ~,O'st'K... 6,0 C.T.. 4U" DIA,
, .. un, &1H{';L.t: RUNK,OEN&e
...O,l1l,;.I...lO'
.
.1.l/"l.iI\L... U"A,' .....n..J,l1l,;, ,
""-. ~". . 6'C,T., ;al-lJIA.
. .u un ^ ",. """', 4'C,T.. 24. DIA.
W'oL.. llTCT
2048 ,,16' CIA. ROOTBALL B&B
--,-
2049 ROOTBAll.'B&B
2050 ROOTBAll. B&B
2051 B&B 10'W X 18'0
KCIJ
2052 BASE
.. ..
ruLU\''': I U
~,M/N,.
,l,;UNUt: .ll:l6l:l.1U' YV.
2053 18"ll)"
2054 18'0)
.
~.. M1N,. Ie f.j,YY,.LJl:I'I~ CONOPY. \""'" .IU ".
2055 C,T. .32" DIA ROOTBAU.. B&B
2056 DIA ROOTBAU. B&8
..0'
.V "",-,b'UA.XWSPR..2.11l,;,1..1b-
2057 5PlDERLA.Y(HYMENOCAWSLATlFOUA)3 GAL M1N 15m FUll.GQGE TO POT
llil. . -wrvunm ,. l
. 2058 ( PER 50, FT.)
2059 THATCH PAlM (THRINAX RAWoTA) 3' CAl,,MIN 14' OA. DENSE CANOPY , (B&B 8' W,12"D)
2060 THATCH pALM (THRlNAXRADiATA)3"CAL.,MIN 16' OA. DENSE CANOPY. (B&B 10'W, 18'0)
12"OA)\ 10" st'K
2061 FUll EVEN FOLIAGE TO BASE
/
UNIT PRICE ONLY TO
SUPPLY & INSTALL
EACH ITEM ITEM UNIT
COMPLETELY QUANTITY
r.~
.2 3b.O~
31Q, -
tb.-
~.-
21~.-
l~o-
q2P~
\fb b -
rS-o-
(llie-
;LSb . -
'5"1 ( ,..
~I i-
~Iq -
Ilo-
2- Jo -
,y~
"fo-
1-
7..000,-
z-'-l&O-
lbtl.-
10-
q,~
, 3'2.
ljqr'"
~oo-
8-. S!
x5
X-S
X5
X5
x 50
X5
X5
X5
X5
X5
X5
X5
X5
X5
X5
X5
X5
. X5
.
X5
XSO
X5
X5
X5
X20
X 100
X 1000
.
X5
X5
XSO
TOTAL
PRICE
lIZ.S!
llio -
J)'qr-
fo"
Lfao-
If) 10 -
[\.I ro-
4to()-
2 '300-
lfl__S"l>-
~q Z-o -
/,2. fa ..
2.rrr-
It>>qD-
lectf -
$""5t> ..
II ro-
7 2.,)- -
I~eo-
'Iso"
1 D t}()D -
I 2, {)DO -
I 300-
f'-/oo-
9)0-
31..0-
Z. "/K-
LtO&-D -
L{~).-
SUBTOTAL PAGE TWO ONLY "',(J"?, ~
.
I UNIT PRICE ONLY FOR
I. LABOR TO INSTALL
EACH ITEM PROVIDED
BY CITY
'3 ,Ii
q'l.'2
12-3. ~
~. Q!
2 '(!r
1 q. 7J
J~ ?~
2-jq:1i
b s-. I!!
I "S-. 1]
'3 2 'i'. if.!
<1"1. rJ
19'Y. !i
& 1, ...:
fJ. ...
3CJ~
q~. 057
&c.1:1
(01. '(j
.J. J;?
bl]. ']
7Zi.~
qg..7\#
21. f2
3. '1.e'
. (2.-
. . I b ~. &f'J
Z.h~ ,1S
1. I'
; f.
3 Cf 12 1-'
, ,
ITEM
ITEM
#
2062 00 ~OOTBALl 8&8
2063 00: ROOTBALl 8&8
2064 ROOTBALl B&8
2065 CANOPY (B&Il8'W,12"O)
~~
2066 0lA. ROOTBALl B&B
2067 .. 16" 00, ROOTBALl B&8
~068 ROOTBAlL B&B
2069 ROOTBAlL B&B
2070 B&B 10"W" 18'tl
I""'~
2071 BASE
DESCRIPTION
)4'CAl., '" V",
. 8,S'C,T, '. 36
.12' OA, X 3,0' SPH.. ~,O' C,T,. 24'
..
, "",-,. 1~:()A~PR...~.~C,I.,'l\J"lJIA.
. ,DtN:;t
. 2.5"CAl... U OA, X 4,11 SPK.., :),0' C.T... 28'
.1,U" CAl...
,,3.O'C.T.
. "",",. '. o'C.1.;18'00.
'~.., HI '^"," ~rn., 4'C.I.. 24"lJIA.
v~,.lll'(;
.
'" "",--.MIN,.
. (656 .1U" W,
. (B56.1U"W.
2012 18'tl )
I II. ""'-.. MJN,. "
207.318'tl )
, ....,...,14' ::;B'
2074 C,T, .32" IlIA ROOTBALl B&8
2075 D1A ROOTBALl 8&8
....,.6' OA, X 14" SPR, , 2.0' C.1,. lb'
2076 SPIDER Ul. Y i HYMENOCAlllS LA TlFOLlA) 3 GAL M1N 15"HT fULL EDGE TO POT
2077 ST. AUGUSTINE SOD 'FLORATAM' (STENAPHRUM SECUNOA11JM) SOD ONLY LAlDED TIGHT
2078 llIATCH PALM (THRJNAX RADIATA) 3. CAL,MIN 14' OA. DENSE CANOPY . (B~ 8. W.12"O)
2079 llIATCH PALM (THRJNAXRADlATA) 3. CAL,MIN 16'OA. DENSE CANOPY, (B&8 10" W, 18'tl)
,OA II ,~" St'K
2080 FULL ~ FOLIAGE TO BASE
II.............,. .(tllitl
2081 8'W ,12"0)
'.w ,(8&8
2082 1O'W.18'tl)
" ',(8&8
2083 1O'W ,18'tl)
. ,. 17"CAl..MIN" .(6&6
2084 1O'W.18'tl)
2085 WAX JASMINE (JASMINUM VALUBlLE) 3GAL 18. HT X18' SPR,.FULL EVEN FOLIAGE
2086 WAX MYRltE ( MYRICA CERFERA) l.25"CAL, 8' OAX 2.5. SPR.,3' C,T., 7 GAL CONTAINER
2067 WAX MYRTLE ( MYRICA CERlFERA) 2,O"CAL. 10' OA X 3.5. SPR" 4' C.'1',. 15 GAL. CONTAINER
2088 WAXMYRltE i MYRICA CERFERA) 2.5"CAL. 12' OA X 4,0- SPR..S' C.T" 25 GAL CONTAINER
YElLOW ....,... . .. 8' C,T _, JIi"DlA
2089 ROOlBALL B&8
,.. "'" :,.MIN I MAIN lKUN"".DENSc
2090 CANOPY,(B&B 8.W.12"O)
"'''''' ....'.:rnL.M
209.1 FULL EVEN HEADS
--:-
, uA,MIN., 3C.T, EACH TRUNK,
.
2092 lHREE (3) VERTlelE STAKE SYSTEM (AS SPECIFIED)
2093 FOUR (4) VERTlCLE STAKE SYSTEM (AS SPECIFIED)
2094 FOUR (4) BRACE SYSTEM (AS SPECIFIED)
. ... .:'!;;!':!'!':; >!!U'!i!!!!!H'!H!!!1'i'!!!1i1!!iT1! ':' i1:i::::iH:U'!i ::::!!iiiiH'!!E:!!!U'ii i1:!::
UNIT PRICE ONLY TO
SUPPLY &INSTALL
EACH ITEM ..
COMPLETELY
.TO
i 2. ()\!) -
'2..(, () -
5'1{ -
2...?J)-
2.:Z...s. -
\ O'-t -
2.Je -
H!"-
z.~' -
q
d..ooO-
~ "tCO-
:L'f\-
"10-
q-
.31
4~}-
-feo -
R"~
51;>0 -
boo-
12./)-
1 '5'C>-
Q..)li
I). --
:3 S-~ -
~l.-
("2.0 -
3'11.
3bo -
~q()-
:tl-
'JS"-
3 8-
ITEM UNIT
QUANTITY
X5
X5
X5
X5
X5
X5
X5
X5
X5
X5
X5
X5
X5
X5
X 100
X 10000
X2
X2
X50
X5
X5
X5
X5
X10
X5
X5
X5
X10
X5
X5
X20
X20
X20
~ !-~ ~~~ fPt~~ #~~~IH~~~qN.~r
TOTAL
PRICE
fo~€>o-
) 100 -
Z- S's-S"" -
ILOc9-
1100-
~2.D-
IISD-
12-S--
14&)"-
L{~ - -
10. coo......
[7 _ 000-
12..)5"""-
Jeso-
qo~-
'3 z.o-
'i,\o -
Ib~&';'
tfZ.5" -
"2.5"00-
3000-
3bC>o-
31 Sb -
~~-
(7,- ..
J3r:-
600-
3l{(() -
I~o-
[451>-
4w-
f:;/)o -
l1?e-
t?b. / '2-<> . u&!.
UNIT PRICE ONLY FOR
LA130R TO INSTALL
EACH ITEM PROVIDED
BY CITY
3~'B ~!
.Cl'-'. 1-;
I ~~. !2
ft,. 2. \{
8-1. z.1(
JC1. -
1'2.., o~
bQ ~
;01. ~
). ~
b Ii. 111
7 2..~. 7]
'1 'i. 1111
2.1. ~1
1. ''1,9
. 11..
If) q. 91/
U~. '2
3, t't
[bl. ~
Jl B-. 9.J.
11'.lj
7.J'i. n
J. Ilt
(0 71
7_7. ~
'i;.~
12S-. l.{7
(If J. I!
loft, ~
( (. II
I J ,q
z:;, ~
If. J l'i, t'f
'0.
ITEM UNIT PRIer: ONLY TO TOTAL UNIT PRICE ONLY F OR
ITEM SUPPLY & INSTALL LABOR TO INSTALL
EACH ITEM - ITEM UNIT EACH ITEM PROVIDED
# DESCRIPTION eOMPLETEL Y QUANTITY PRICE BY CITY
2095 ARBORlCOLA - 3 GAL 1S" HT X 15' SPR.. FULL EVEN FO~GE ~.'s.E X50 <.JZ"'- 1.'~
AUAMANDA - 3 GAL 1S" HT XiS. SPR., FUll EVEN FO~GE ~ ; Sj2 V-~.,- 3. I.!
2096 .- X50
. .
2097 BUTTONwoOD SILlIER - 3 GAL 18" HT X 1S. SPR., FUll EllEN FOLIAGE ~. S! XSO ~lS- 3.~
209S BUTTON WOOD GREEN- 3 GAL 1S'HT XiS. SPR" FUti EllEN FOLIAGE ~.~ XSO If 2..5 - 3.~
" q.o.! If)"o - 3. 41
2099 BOUGAlNVlL.LA - 3 GAL 18. HT X 15' SPR., FUll EllEN FOLIAGE XSO
2100 BEAUTY BERRY - 3 GAl is. HT X 15" SFR., FUll EVEN FOLIAGE f.~ X50 41.S- 3. ~.!
'2101 BEACH SUNFLOWER - 3 GAl1S. HT X 15" SPR., FULL EllEN FOLIAGE g. z.~ XSO lfll. ~ '3 '.1
2102 eOeOPl.UM - 3 GAL 18" HT X 15" SPR" FUll EVEN FOLIAGE f.- X50 1./:oc- z.. q~
-
'2103 . CARlSSA- 3 GAl1S" HT X 15' SPR.,F-VLL EVEN FOLIAGE q.- ...x 50 ~~- ""5 51-
2104 CREPE MYRTlE- 3 GAL 1S' HTX 1S" SPR., FUll EVEN FOLIAGE q.- XSO <f~" S, '30
~. >0 ttzs - 3. e>f~
2105 CHERRY HEDGE - 3 GAL 1S.HT X 15. SPR" FUll EllEN FOLIAGE - XSO
2108 CORDEUNE - 3 GAL 1S.HT X 15" SPR., FUll EVEN FOLIAGE ( t. xso bw - '3. 7"f
2107 CROTONS - 3 GAl 18" HT XiS" SPR., FUll EVEN .FOLlAG6 q. ~ xso 1./7)'- 3. ~~
. ?~ lflS- '3'0
21 OS CROWN OF TIlORN - 3 GAL is' HT X1S. SPA" FUll EllEN FO.LlAGE , XSO 3. -
2109 EUGENlA-3GAL 1S" HT X 15" SPR., FULL EVEN FOLIAGE .' K.'~ xso i./ l'". - 3. 3~
2110 GRASSES ORNAMENTAl""'; 3 GAL 1S. HT X 15" SPR.. FUll E\IEN FOLIAGE 8. ~ xso 4z), - 3. '30
2111 TIlRYALUS - 3 GAL 1S" HT X 15" SPA" FULL EllEN FOlIAGE f~ XSO t/ Z-~ .- S "30
2112 FIREBUSH -'3GAl18"HTX15"SPR.,FULlE\IENFoUAGE f.~ X50 ~ 1Z..~ '3. ICf
2113 . RUELUA - 3 GAL 18" HT X 15" SPA" FULL EllEN FOLIAGE fZS XSO I... Il. :s:! 2. q~
.,
2114 1RlNETTE-3 GAL 18" HT X 15" SPR., FUll EllEN FOUAGE q,- XSO {';l> , "'3 3.0
'-.
HIBISCUS -3 GAL 18" HT X 15" SPR., FULL EVEN FOUAGE f.D ~. l/ 2..5'. - "'3 ~
2115 . X50 ,
2116 lNllAN HAWlllORN - 3GAl1S'HT X15'SPR"FULLE\IEN FOlIAGE q- XSO ~Sb.- 3. )D
-
2117 'ILEX - 3 GAL 18" HT X 15. SPA., FULL EllEN FOLIAGE '. q.~ X50 l.(.lJ~ 3 5"2;
2118 JACOBS COATS - 3 GAL 18" HT X 15" SPR., FULL EllEN FoLIAGE , /.? .... X50 b'5'D:- 'i. 'i!
JUNIPER - 3 GAL 18" HT X 1S' SPR., FUll EllEN FOLIAGE f ~. l u:- 3.t!
2119 .- XSO'
.. 1.~ t7~- S'z. .
2120 . JATROPHA - 3 GAL 18" HTX 15. sPA., FULL EVEN FOLIAGE XSO J.
2121 JASMINE -3 GAL 18'HT X 1S'SPR., FULL EVEN FOLIAGE . f.'.! X50 lJ,zr- 3. Ie,
lANTANA-- 3 GAl is. HT X 15" SPR., FULL EVeN FOLIAGE t?J ~ 31. ~ . 2. qJe
2122 XSO
2123 UL Y- 3 GAL 18' HT X 15" SPA., FUll EllEN FOLIAGE 9. t1' 41 S". - J. '!!
- X50
2124 URfOPE - 3 GAL 18"HT X 15. SPR., FULL EllEN FOlIAGE .q. XSO 4 S'O,- 3. 1.!
. f. rr Y31.~
2125 UGUSTRUM - 3 GAl1S. HT X 15. SPR,. FUll EllEN FOlIAGE . X50 1, ~
.
2126 OLEANDER-3 GAL 1S'HTX lS' SPR., FUll EVEN FOLIAGE ~. ?k .... X50 4 3 S-. - ], "
2127 POTATOE \llNE-3 GAL 18.HT X 15' SPR.,FULlEVEN FOUAGE . ( S-. xso 75"0- . " L.f, u
I SUB TOTAL PAGE FOUR ONLY i>. 075 St) tin 1~
-
f~m~~\:::::;'{f~f:~K:
- ".
iTEM
ITEM
# DESCRIPTION
....... .... .......... .............. ........................... .
1.2128 M~Qihi!Y:~d.~y,QBNMliw.rAil~~~H~H~~r~f!iW~~H:~~~y::::: :::::
~129
~~J~~~~~~~J.~~:;~~~*$.~~:~~lli~~~~~~~\i::ii:\:::;::
M~~~:WA~~t~~H~~~~~~@~$.~\~:~W~~~~~~~i:::i:::::::::
~g~~~~dfg~~~~~~J~~~f~~~~~iW!~\~ilii~~\:::::::::::
~~~~~~~~~~lW!~~:@X~~~~:~~:iik~~::::::::::::
~~t$~~~~~t~~~~:~~~~~~~:j~J.lli~~~~~~:::::::\:::::::::::::::
M~~~~~~~!~~~~~:~~~~~~;~~~~:::::::::::::::::::::
2130
2131
2132
2133
'2134
2135 ~~~~~~~~j:~:i~~:~H~~ltUW~~~::::m:::::::::::::::
2136 ~g~X~j~~H~~~Hf~i~~lj~&~~giMij~::::;::::::::::::;::
2137 ~~t$~~~~~~~~~H~~~~1j~lli~~~~~~::::::::i:::::::::::
2138 ~~~~~~~~H~~i~~~~~~t~j~~1iUt~~W~W.~::i:::::
:::::::::::::::::::::::::::::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
2139 ~OIl~~~_S~~Jlf:OA~~H:Riit:Qitii~~iWi.iCONri.JNlll!(i:iiii
2140~g~~~~~~~~~mip.~*~i:~l~~f;(~~i,ijH~~~~~~~::::::
2141 ~::::H:::n::::::::::::::j::::::i:ITm;i:::::;:::::::::n:::W::::[i::::::::::::::::::::::n:::::::::
2142 ~:::::m:::~::~:~::::n:::m0m:i::l~j1~:::::::rm:n::::i~::m:::~:::::::::1:~::::i::::::::
2143 ~~;iii:;i:::i::i::::i:!:)imt1TI101r:lmmi:i::iiiii::i;ii!i:!::r::iii::::ih::;::::i~i:i:ij:::::
2144 ~~~~~~~:~~I~~~jili~l~~~jjf~d~!~~i~tijj:::::::::::::::::
2145 ~~~~~~~~~~~~:~~~i~~~~~~i~~~~~~j:::i:::::::::::::
2146 ~~f$~~~~~~~~~~~~~~~~~~~j::::::::::::::
2147 C<iiit_i i:i~i:: in i ii i i!: i~: iITriiTIHr: Hi rrr::: i::: i: i n i i i: i:::: :r::: i:; [;:::i [: i:: i::::: m 1::::::::::::
2148 m_:mi::i:m::1H::::H::[t:1'mU0m:[:::::H1:iH:::::~:1:::H:[:H:1i::~::::::::n:::::::::::::
2149 @@:~::i:i:H:::::::m::::::1:!j:::::::::::?::::H::1:~:::::j:::::1:::m:::n::[:::;::::i~:::i:::::::~:
2150 ~~~~~~~~~@l~::i::::::::::::::::::::m::j:::::::::j::::::::::::i:::
2151 f.~~8~~~:OO}fu::~::: :~::::::::::::::::::: ::::::: ::::: :::::::::::::::::::::::::::!:::1::::: ::::: ::: :::::::
2152 ~Y:~fM~:~&i)~j::::::::::~:::::1::::::::::::j:::::::::::::i:::::::::::::::::::::::~:::::::~~:::
2153 ~~~~~l~~@W$.:::::::::::::::j:::::::::::::::::::::::::::::im::::;::::i::::::::::::::::::::
2154 :::::i:::::::::i:~~l~:~~~:::::::::::::::::j: :::::::::::::::::::::::::::::::::::::::::::::::::i:::::::
.... .... ..... .... ,.. ,.. ,..............,. ....... ........ ............ ......... ,_.......,1.....-........ .....,.... ..... .~..
2155 W~oou~_BH~~liU#:M~;:::<:W<:::::::::::::::m:::c::YW:::: ::::n:::m:::
2156 ij~~~~~~~~:~~:::::::::::::::::i:::::::::::::j::::::::::::::::::::::i::::::::::::::::::::::
2157
~ijf.~f~~~~~~~~~~i:::::::1::::::::::::::::::::::::i:::::l:::::::::::1:::::::::::
~~~~~B.~~~@::::::::j::~:j::::::::l::::~:::j:::1::G:::!::::1:::::::::i:i::::::::::::m
~~~ug~:~~::::\::::::::::::;:::::::::::::::~::::::j::::::::::::::::::::i::::::::::::::::::::::::::
.................-................
... ., ....................... ...................
......-................ ...................
~Q.IWM~:p.~n:< ........... .... ......::::HUWHHH WHH:::>' ......
2158
2159
UNIT PRlCEONL Y TO
SUPPLY & INSTALL
EACH ITEM-
COMPLETELY
3, &2
9. 50
3 {) . c.>~
~).-
b&-. -
\.(.15
(L.-
42..-
be.-
)?" 2.. -
\f~-
~q -
tSO-
36:) >-
Ljbz'
12 70 -
\11'-
2(1..-
2.kb -
zog--
c5'l';'
5'1(-
q.~
2L-
2,1.-
3<1-
S""r--
? '/0
32..-
I ~..'"
t '7 t. -
IllS'". -
?C.
ITEM UNIT
QUANTITY
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x5
x100
x5
x5
x5 <
x5
x5
TOTAL UNIT PRICE ONLY FOR
LABORrO INSTALL
EACH ITEM PROVIDED
PRICE BY CITY
1 q. t;!' I. "IS"
\fl. ~~ 3, I'
l)b- q, S"'(
z..z.5 - 1~.0
'3 L{o - 2..1.u
2- 3."> I. '7~
60- lf~
2-1~ - t~.-
J <<>0 - L(). ,q
..
\.f\D - 3Z.~
2.( 0 - p..{.-
4;'i \ - 3lf, !!
7~- 5'1. 1]-
l Y\)'- '" /l~ '3~
'2..110.... lbb. I~
b1~- 4'lb. 1.1
?qo- b Cf. ell
I00f)- 1?1. '!.
11 "]0- I f>~. ')1-
\ olfo - 11 qc
,z..~5'"- q'-l. U
Jlor- / 2.)", 5"~
\..{l- g..~
Lo)"- g,T]
l3S- } L f!
19S- - <\.~
~/r- ~.~
a'to - .'t8
I bo- I 3'. /1.-
-q 2)"- '1. c~
" -
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7~)- S:'t. ~
Lfoo - -f{11 53
~<f.172. 5"0 J. Ie b I,'f!.
-,
2160
.................................
".....' ....... ..~ ~....-... ,_.".
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. ....... .........
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............................. ...................
............................. ...................
............................... ...................
............................. ...................
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...............................
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....................................
...... .......
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............................
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. . . . . . . . . . . . . . .. .
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..............................................,..................................................................,....
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2149
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. UNIT PRIce ONLY FOR
_ LABOIl TO iNSTALL
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({(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM C.l.
Requested City Commission Date Final Form Must be Tumed Requested City Commission
Meeting Dates in to Citv Clerk's Office Meeting Dates
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007
~ February 13,2007 January 22, 2007 0 April 3, 2007
Date Final Form Must be Tumed
in to Citv Clerk's Office
February 12,2007 (Noon)
March 5, 2007 (Noon)
n
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("")
RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the CiW
Limits with Mario Doran for the property at 1112 Seagrape Rd, Lake Worth, FL (Hypoluxo Ridge Add 2 Lot 52).
Announcements/Presentations
o
o
o
o
o
March 19,2007 (Noon)
o
-.I
'-
::>..
:z:
NATURE OF
AGENDA ITEM
o
o
~
o
o
Administrative
City Manager's Report
New Business
Consent Agenda
Legal
Unfinished Business
Code Compliance & Legal Settlements
Public Hearing
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge
Grove project area. Only potable water is available for connection to the property at this time due to recent water
main 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, allowing 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.
~
City Manager's Signature
Assistant to City Manager ~
Lw
UTILITIES
~
Department Name
City Attorney / Finance
Attachments
XC: Peter Mazzella
File
S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
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 MARIO DORAN;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area. located at 1112 Seagrape Road, Lake Worth, Florida
14 (Hypoluxo Ridge Add No 2, Lot 52); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Mario Doran, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
S:ICAIRESO\Agreements\Water ServicelDoran \Vater Service Agreement.doc
, I
i i
I
2
3 PASSED AND ADOPTED this _ day of February, 2007.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 Attest:
24
25
26 City Clerk
27
28
29 (Corporate Seal)
S:ICAIRESO\AgreementsIWater ServicelDoran Water Service Agreement.doc
1112 Seagrape Rd, Lake Worth, FL 33462 - Google Maps
Page 1 of I
Address 1112 Seagrape Rd
lake Worth, Fl 33462
http://www.google.com/maps?f=q&hl=en&q= 1112+Seagrape+Rd,+Lake+W orth,+FL + 33... 1/23/2007
THIS INSTRUMENT PREPARED BY:
lame, A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMlTS AND COVENANT FOR ANNEXATION
. ~IS AGREEMENT~de on this _ day of ,200_, by and between
L7CJr/b C';. L.k7..e..-9-/}/ hereinafter 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
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
I. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are A Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in confonnance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
...
--------SEAG~RtLm
1 in. = 69.5 feet
'I
'I
,I
I
I
'1
..... I
;:iii111'i,' :
0510
0500
0490
0480
0470
0460
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- - - - - _.__.~--- - - - -
0370 ,\80 0390 0400 0410 0420 0430
\
. .......-
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",.--
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0360 0350 0340 0330 0320 0310 0300
0220
0230
0240
0250
0260
0270
Location - 1112 Seagrape Rd
. il
[\ ~JY
THIS INSTRUMENT PREPARED BY:
James A. Chem!. Esquire
Goren. Cheret, Doody and EzroL P.A.
3099 East Commercial Blvd.
Suite 200
Ft. lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF 9(L( M e-eacl,
IIWe, /l1 ct r /0 G-. 'j) 0 (' Ci.. rJ
, hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition
for annexation of the real property descnbed herein into the CITY OF BOYNTON BEACH.
This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act
on Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is described as follows:
PCNNo.: OO.-Lf;S-lf-S- Or-/)I-{)~rO S-Z()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~uf. day of
....---
J a... V\..lA.tI: '(''( , 20 fl- and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the.;{ncl day of
--Jc1 v\lA t-H Y , in the year 2007
I
Sealed and delivered in the presence of
~ /,?' ~,i"
_I ~ -...' j
)( j..LV', l)(WN
Witnes~Signature
/' ,) A e 11'7' (~l r;, ({ d Z
Print Name
J tl
I', " I'~
---/ \i D '-y'I, CA.. v\ \.-'\ /! ' ""~
Witne~ Signature . \
y\) e' \in e\ \'\\ \ , e \""
Print Name '
/ '/
o~nature / ~
j ''TV/I' (? /;~/W
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this.;( td~ day of
":Jah vl it r yf, 20 07, by nlt-t r " C' 6=-, Do I a ,1\.;1 and
( , who are known to me or who have produced
F / .; (; tltt-- hi.. . , as identification and who did/did not take an oath.
r-', , /) /:-'J
'::. \ (/ycrT~ ~~!e{.11'.1
NOTARY PUBLIC , !
...J (,>Ii4 /\/' eel I;' fl f
Type or Print Name
.,...............................11111. r ...,
: SUSAN COLLINS .
: "'''''.'''''- ColNIlfaDCIl fW i
1 /~.,?} P~\ __1ttIIllOI I
: ~';"~.iJ BondId..~1
t ~";::t~;l~~'$' Ft0rid8 NdIaIN .,.., InC :
:-.. ~.."..... .....................................
Commission No.
'5-/-2001'
My Commission Expires:
S:\CA\AGMTS\Waler Service\power ofatty.doc - 1-6-06
H:\1990\900 182.BB\AGMf\Power of Attorney-lnd 1-30-06.doc
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Location Address: 1112 SEAGRAPE RD
1_%q~A&;.1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-4S-09-14-000-0520
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 09029 Page: 0682
LeQal DescriDtion: HYPOLUXO RIDGE ADD 2 LOT 52
Sale Date: Nov-1995
r Owner Information
Name:
Mailing Address:
Sales Information
Sales Date Book/Page
DORAN MARIO
1~'j!1
1112 SEAGRAPE RD
LAKE WORTH FL 33462 596 7
Price Sale TVDe
$82,000 WA RRANTY DEED
Owner
Nov-1995
(29029/01182
Exemptions
Regular Homestead: $25,000
Year of Exemption: 2006
Total: $25,000
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2006
168,817
41,951
$210,768
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2476
l.!~e Code: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
r- Assesse an axa e a ues
Tax Year: 2006 2005 2004
Assessed Value: $102,146 81,621 $79,244 hi_..~
Exemption Amount: $25,000 25,000 $25,000
Taxable Value: $77.146 56 621 $54 244
d
dT
bl V I
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
~,
l!iliiJwm~,eta.UJi;~0Wi~!~
Iax Collector WebSite
ti~1I8Il ~I ril0Jjjmj@~_%~~l
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.
Record Search I Information I Exemptions I Community I ]:mplovment I New Home Buyer I Office Locations
Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer
Home I l"iD~ I Giossary I Etilll Forms I Contact Us I PAPA
([) 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p_entity=00434509140000...1 /2/2007
VI.-CONSENT AGENDA
ITEM C.2.
tf
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOro.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 5, 2006 November 20,2006 (Noon.) 0 February 20, 2007
0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007
~ ~l -0 [,l!OB"! January 16,2007 (Noon) 0 April 3, 2007
Fd> \ 3 20:>,
I{'v....G.JI '-'\.. '
Date Final Form Must be Tumed
in to City Clerk's Office
February 5, 2007 (Noon)
February 20, 2007 (Noon)
o
March 5, 2007 (Noon) -.J
<-
:>
z
March 19,2007 (Noon)_
)::a
0 Announcements/Presentations 0 City Manager's Report :r:
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ 0 0
Consent Agenda Legal Q)
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
()
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RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the City
Limits with Maria Barrera for the property at 1049 Highview Rd, Lantana, FL (Ridge Grove Add No 1 Lot 212).
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge
Grove project area. Only potable water is available for connection to the property at this time due to recent water
main 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, allowing 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.
\lQf
_ \ \"_. .~.\. ~ '''\'\ \t.-:.?::.
Department Head's Signatur~ ' ,\ \.'\) \~"'\-
~M'
Assistant to City Manager ~
UTILITIES
Department Name
~
~
City Attorney / Finance
Attachments
XC: Peter Mazzella (Y'
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
26
1 RESOLUTION NO. R07-
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 MARIA BARRERA;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1049 Highview Road, Lantana, Florida (Ridge Grove
14 Add No 1, Lot 212); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
Section 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
28 Maria Barrera, which Agreement is attached hereto as Exhibit "A".
29
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agrecments\Water Service\Barrera (Maria) Water Service Agreement.doc
1
2
3 PASSED AND ADOPTED this _ day of February, 2007.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 Attest:
24
25
26 City Clerk
27
28
29 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Barrera (Maria) Water Service AgreemenLdoc
1049 Highview Rd, Lake Worth, FL 33462 - Google Maps
Page] of i
,j' .
", I
avannah
~LB'i~ "I
;~
""'"c.". I
gle
Address 1049 Highview Rd
lake Worth, Fl 33462
http://www.google.com/maps?f=q&hl=en&q=1049+Highview+Rd.+Lake+Worth.+FL+33...1 /23/2007
THIS INSTRUMENT PREPARED BY:
Jame, A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
THIS AGREEMENT made on this ~ day of ~.~~, 200 j):, by and between
1114--"-/1.} ,C e 4 /?;r f;-1ft heremaft~r catled the "Customer", and the
CITY OF BOYNTON BEAC , a municIpal corporatIon of the State ofFlonda, heremafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictionallimits on annexation ofthe property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are L!L Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perfoml the work
ncc:ssary to conform the Jines or the City may have the work performed on behalf of the Customer,
in whlch case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shaH be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option ofthe City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially COl1.11ecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records ofPalm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
J O. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev ]-6-06.doc
2
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S :\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
3
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
IN WlTNESS WHEREOF, the parties hereto have set their hands and seals this L day of
r/)f~~/JA1 ' 2002
WITNESS: '
J.f~q ~~
..Witness SignatuVvl' II
Ve) mLX I ~-("'
Printed Witness Name
(tcJu~dA;yrM.
rns Si ature~ .
. f' vr~ - LLbenno. ~
Printed Witn 'ss Name
INDlVIDUAL(S) AS OWNER(S):
~,~ CR.cv AJ.-~
Owner Signature .
M ~jA/ '/+ E /?/.) R R ~/r ~
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDlVIDUAL(S) NOT ARIZA TION:
STATE 011 J-hALt'h/ )
oLss'
COUNTY oFI-I~.aafik .
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
J}1ariu/ f l3a 'frt"[j} ./ to me known to be the personCs) described in and who
executed the foregoing instrument that he/she acknowledged before me that he/she executed the
same; that the individual was personally known to me or provided the following proof of
identification: FLJJL /3'''0-646- i/I- 8'dll ~'D
f}A41 WITNESS my hand and official seal in the County and State last aforesaid this 'I ~ day of
'..ttfr~ ' 20ifJ-. .
(Notary Seal) . ~ .
.. .4~'~ VALORIEMOATS L ~-L.J /J1 1kPL;-
My COlllilllsslOn e Iitl~.7f~ MY COMMISSION' 00346198 Notary PublIc
\\~ EXPIRES: September 17, 2008
"".Ill BoncIecl Thru NOlIry Public lJndIrwr1ltIa
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally
appeared , City Manager and
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S :\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
5
...
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THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
Goren. Chercf, Doody and Ezro!. PA
3099 East Commercial Blvd.
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
IlWe, /Yf,1)/.../h;; 8,1f RfV r; tfJJ
, hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition
for annexation of the real property descn'bed herein into the CITY OF BOYNTON BEACH.
This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act
on Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is described as follows:
PCNNo.: 00 -L\~-~'5- Dot - O~-~ \QO
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
~U~i ' 20Q1 and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of
rLL(J,Mf-' in the year 2ot;fJ.
/ Sealed and deJjvered in the presence 0 f
~a~-
Witner Signature \ I !
Ve ma vYJ, er
Print Name
Q 'I!k~AJL~
Witness Sign ure
~ "~h€rr~- (b{l berrnctjj
Print Name
~-<-C'_ ~/1-ct.J' ~
Owner Signature
/P14 )t(/9. G BII-A?RGR4
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
~. . THE FOREGOING_INSTRUMENT was acknowledged before me this e day of
-f~, 20ffL, by Itlaf ja . BQ (" f' -t"fCl..../ and
, who are known to me or who have produced
F).. n"-" , as identification and who did/did not take an oath.
8(,(,cJ'545~48~ eJ.J-O Lk'~ .' fJl-(1k
~~y PUBLIC lJ")
. riG- /1oat...s
Type or Print Name
,......y,
l~\'il'.~. VAlQRIE MOATS
i*: .' MY COMMISSION 1/ DO 346198
, EXPIRES: September 17, 2008
, " Bonded Thru NOllIIY PubIlc Undllwritera
My Commission Expires:
Commission No. IJ D 3lJt, I q P
S:\CA\AGMTS\Water SeITicelpower of atty. doc- 1-6-06
H:\1990\900182.BB\AGMf\Power of Attomey-lnd 1-30-{)6.doc
. Palm Beach County Property Appraiser Property Search System
Page 1 of2
10,~_.MID:""~JJ
Location Address: 1049 HIGHVIEW RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2120
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 11992 Page: 99 Sale Date: Aug-2000
Legal DescriptiQI1: RIDGE GROVE ADD NO 1 LT 212
Owner Information
Name: BARRERA MARIA E
~I'IArc~_1
Mailing Address: PO BOX 618
WEBSTER FL 33597 0618
Sales Information
Sales Date Book/Page
Price SaleTvpe
Owner
Aug-2000 13.99:2/0.0.99
Dec-1999 1:t5~4L09Q3-
Mar-1998 102_9.5I:t9~2
$45,000 WARRANTY DEED BARRERA MARIA E
$32,200 WARRANTY DEED BENDELE JOHN W 2ND
$100 WARRANTY DEED ADAMS MELVIN A JR
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
2006 2005 2004
60.195 41 243 :36 685
35.917 ! 23 323 12.815
96.112 64 566 49.500
Tax Year 2006
Number of Units: 1
*Total Square Feet: 753
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
1.1"&1--111III
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2.004
965
191
$1 156
TaxCQllector .WebSite
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.
Record Search I InfQrmation I E)(E'mptioQs I Community I EmploymE'nt I NE'wJ-lome Buyer I Off.ice LQcCltions
http://www.co.palm_beach.fl.us/papalaspx/web/detail_info.aspx?p_entity=00434509090002...1 /9/2007
All Owner
Page] or 1
All Owner(s)
peN Number:
00-43-45-09-09-000-2120
Owner Names
BARRERA MARIA E
http://www.co.palm-beach.tl.us/papa/aspx/web/allOwner.aspx?entity_id=004345090900021...1/9/2007
VI.-CONSENT AGENDA
ITEM C.3
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
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D December 5, 2006
D January 2, 2007
D January 16,2007
[gj February 13,2007
November 20,2006 (Noon.) D
December 18, 2006 (Noon) D March 5, 2007
January 2, 2007 (Noon) D March 20, 2007
January 22, 2007 D April 3, 2007
C>
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C-
:x:-
February 12, 2007 (Noo~
CO
March 5, 2007 (Noon)
.."
March 19,2007 (Noon) Cd
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NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report
D New Business
D Legal
D Unfinished Business
D
RECOMMENDATION: Motion to approve the City of Boynton Beach to enter into a two-year service and support
agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the city's public
access television station at no cost to the city.
EXPLANATION:
TVTN is a network ofmunicipaIly owned and operated Public, Educational and Government (PEG) cable television channels.
TVTN provides municipalities with access to equipment, expertise and supplementary content that augments, but does not
replace 10caIly produced programming. TVTN also aggregates these channels; making it easier to attract corporate
sponsorship funds by providing a single point of negotiation, distribution and invoicing. TVTN services are provided to
municipalities free of charge in exchange for all owing TVTN to broker the network to corporate and local sponsors. TVTN
account representatives wiIl work with city staff to gather video, photos and copy. Their designers use that material to create
fuIl motion video station ID's, various screen templates with photo backgrounds, and professional voice narration within a
unique customized program wheel designed specificaIly for our channel.
PROGRAM IMP ACT:
In an era when corporate consolidation is threatening media localism and advertising clutter is eroding effectiveness, TVTN
provides a truly local, clutter free television medium that benefits all parties.
FISCAL IMPACT: (Include Account Number where funds will come from)
TVTN is provided to municipalities free of charge in exchange for aIlowing it to broker the network to corporate and local
sponsors. TVTN provides a local, clutter free television medium without passing the cost along to either tax payers or cable
subscribers.
ALTERNATIVES:
The ITS staff also evaluated several other vendors including, Magic Box, Tightrope Media Systems, Frame Rate, and Helius.
TelVue was the only vendor to provide a distributed network for zero cost. The other vendor's prices range from $225 for a
single PowerPoint licenses to $16,000 for a comprehensive turnkey solution.
Do not enter into this service and support agreement. Purchase the necessary equipment to produce fuIl motion video station
ID's, screen templates, photo backgrounds, and professional voice narration. This equipment will cost approximately
$45,000. City staff could approach sponsors on an individual basis.
S:\BULLETIN\FORMSlAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~).
1~~
Ity Manager's SIgnature
Assistant to City Manager ~.
~City Attorn,y / Finan"
,
/
,
Department Name
S\BULLETIN\FORMSlAGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A TWO-YEAR ACCESS
CHANNEL SERVICE AND SUPPORT AGREEMENT
WITH TEL VUE CORPORATION TO REMOTELY
ORGANIZE, UPDATE AND MAINTAIN THE CITY'S
PUBLIC ACCESS TELEVISION STATION AT NO COST
TO THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, TelVue (TVTN) is a network of municipally owned and operated
15
Public, Educational and Government cable television channels which provides municipalities
16
with access to equipment, expertise and supplementary content that augments, but does not
17
replace locally produced programming; and
18
WHEREAS, upon recommendation of staff, the City Commission has determined that it
19
is in the best interests of the residents of the City to approve and execute an Access Channel
20
Service and Support Agreement with TelVue Corporation to remotely organize, update and
21
maintain the City's public access television station at no cost to the City.
22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23
24
25
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26
being true and correct and are hereby made a specific part of this Resolution upon adoption
27
hereof.
28
Section 2.
The City Commission ofthe City of Boynton Beach, Florida, hereby
29 authorizes and directs the City Manager to execute an Access Channel Service and Support
30 Agreement with TelVue Corporation to remotely organize, update and maintain the City's
S :\CA \RESO\Agreements\ T elVue.doc
1 public access television station at no cost to the City, a copy of said Agreement is attached
2 hereto as Exhibit "A",
3
Section 3.
This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this _ day of February, 2007.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 ATTEST:
24
25
26 City Clerk
27
28 (City Seal)
29
S :\CA IRE SO\Agreements\ T elV ue .doc
[iVTNsm
TelVue Virtual
Television Networks
ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT
(Sponsorship)
This Access Channel Service and Support Agreement (Sponsorship) ("Agreement") is made and entered into as of
the __ day of _, 20_, by and between TelVue Corporation, a Delaware corporation with its principal place of
business at 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 ('TeIVue"), and City of Boynton Beach, a FL municipality
or school district, with its principal place of administration located at 100 East Boynton Beach Blvd., Boynton Beach, FL
33435 ("Customer").
WHEREAS,
A. TelVue has developed a proprietary system (the "System", as further defined herein) to assist
municipalities, school districts and others in remotely organizing, updating and maintaining the content of
their cable television access channel(s); and
B. Customer desires to have TelVue supply the System and its TelVue Virtual Television Network Service
(together, the "Services"), and TelVue desires to supply the Services to Customer at no charge to Customer for an
initial two (2)-year period; and
C. TelVue and Customer believe that the costs of the Services may be supplied to TelVue through
sponsorships ("Sponsorships") by third party sponsors (each, a "Sponsor") to be carried on customer's access
channel(s) as part of the Services.
NOW, THEREFORE, in consideration of the premises set forth above and the mutual covenants
contained herein, and intending to be legally bound hereby, TelVue and Customer agree as follows:
1} ProyjsiQQ of Seryice_~,
a) There shall be no charge by TelVue to Customer for the Services for the first two (2) years of this Agreement.
Thereafter, a charge for the Services may be made, but only if TelVue determines that revenues from
Sponsorships are insufficient to cover its normal charges for the Services, and Customer agrees to pay for the
Services, all as more fully provided hereafter in this Agreement.
b) During the term hereof, Customer shall have a license to use the Services solely in connection with the designated
access channel(s) ("License"). The Services will remain at all times the property of TelVue, and nothing herein
shall be deemed to grant to Customer any right, title or interest in or to the Services, or any portion thereof, other
that the License.
e) Customer may not give, sell, lease, assign copy, sublicense or otherwise transfer. in whole or in part, this
Agreement, the License, the Services, other TelVue-provided materials, or any licenses or rights granted
hereunder, except as approved by TelVue in writing.
2) C_\Jstomer Obligations.
a) Customer shall provide TelVue with access to Customer's technical personnel, facilities, systems, databases and
information as necessary or appropriate for TelVue to perform its obligations under this Agreement.
b) Customer shall appoint a Coordinator to act as liaison between Customer and TelVue. If there is equipment to be
located at the Customer location, Customer shall provide and maintain a suitable installation site for such
equipment, and shall provide all necessary electrical, cable and modem connections to such location(s). Except
as otherwise expressly provided herein, Customer and its users shall have sole responsibility for acquiring and
maintaining their own technology environment, including without limitation PC's, laptops, operating systems,
servers, Internet access, local area networks and wide area networks (collectively, the "Customer Environment').
Customer hereby represents and warrants to TelVue that the Customer Environment will meet or exceed the
minimum requirements for same set forth on Exhibit C hereto. Except as otherwise provided herein, Customer
shall be responsible for making any necessary modifications to the Customer Environment, including without
limitation all firewalls, proxy servers and other hardware and software, necessary to access or use the System.
c) The License granted hereunder is for the object code version of the Software and TelVue-Provided Content only.
Customer has no rights to the source code for the Software or the TelVue-Proviaed Content. Customer shall not,
and shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile
or remove any identifying mark of TelVue or its Licensors from the Software or the TelVue-Provided Content or
16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Ilr,nti
Tel -1.800.885.TVrN (8886) Fax-l.856.866.7411
www.tvtn.tv
attempt to do so. Customer may not modify, adapt translate or create derivative works of the Software or the
TelVue-Provided Content without TelVue's express written consent. The System !s licensed as a single product
The Software and the TelVue-Provided Content may be used only In conjunction with the System
d) Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants
to TelVue that such content will not violate or infringe any copyright, patent trademark. trade secret. confidentiality
or other proprietary right of any third part.
e) Customer hereby represents and warrants to TelVue as follows (i) Customer has the full power and authority to
make, execute, deliver and perform this Agreement, and such execution, delivery and performance have been
duly authorized by all necessary action on the part of Customer: (ii) the execution, delivery and performance of this
Agreement by Customer does not contravene or conflict with, or constitute a breach of, any agreement to which
Customer is a party.
3) IrC3_dgrDarls.-"l.!lclJ~.LJ_~tQ..rr:lElLC::;-.9ntentl::~ElIl_~E). Customer hereby grants TelVue a license to use and modify content
supplied by Customer as necessary or appropriate in performing the Services hereunder andlor in marketing and
advertising materials describing the Services.
4) 1r:n.....QlE)mElIlt?1iQQL\I~ld!2:.6dd~c;Jjl.Qcl Ad(jjtI9JiC3t Se.l'{iGE)~.
a) In connection with establishing connectivity to the System, TelVue shall provide Customer the implementation,
installation, training and other services set forth on Exhibit D hereto (collectively, the "Implementation Services")
b) From time-to-time during the term hereof, Customer may desire to have TelVue perform certain additional services
("Additional Services"). TelVue shall perform such Additional Services as agreed in writing by the parties subject
to the terms and conditions hereof.
5) $LJPJ1Q!1~gr:",'jYEl~, During the term of this Agreement, TelVue will furnish Customer support services In connection with
the Software (the "Support Services") in accordance with TelVue's then-current support policies and procedures Any
services requested by Customer and provided by TelVue outside the scope of the Support Services shall be billable on
a time and materials basis at TelVue's then-current rates.
6) .s.PQrLs.QJ~bip_S~\!ic;~s.
a)TelVue shall have the exclusive rights to sell Sponsorships to be carried on the access channel(s) that carries the
Services. Sponsorships shall be strictly limited to those Sponsors that qualify under the guidelines of the PubliC
Broadcasting stations as shown on Exhibit G. All fees paid for the Sponsorships shall be paid to TelVue
Customer shall not Invoice for or collect Sponsorship fees, and shall promptly (but in any event within five (5) days
after receipt) remit to TelVue any Sponsorship fees received by Customer.
b) From time to time a Corporate Sponsor may conduct or support a local event and may wish to notify the public
about these events. Customer agrees to approve and air such announcements.
7) IE)rm an~d_l.ElrminC!ti9n.,
a) The initial term of this Agreement shall be for five (5) years commencing on the launch date of the Service (the
"Initial Term"). Thereafter upon the written agreement of both parties, this Agreement may be renewed for
additional one (1) year terms ( "Renewal Term"). Each renewal must be made within 90 days of the expiration of
the then current term.
b) Notwithstanding, this Agreement may be terminated as follows
i) The intent of the parties is that the Services will be provided with no charge to Customer and supported by
Sponsorship revenues received by TelVue and no charge shall be made to Customer for the Services for the first
two (2) years of this Agreement. However, if at any time after the first two (2) years of this Agreement TelVue
determines that Sponsorship revenue is insufficient to cover its normal charge for the Services supplied Customer,
TelVue may, by ninety (90)-days' prior written notice, provide Customer with the option of paying fees specified by
TelVue for continuation of the Services or terminate the Agreement. Failure of Customer to respond to the option
within the ninety (90)-day period shall be deemed to be an election by Customer to continue the Agreement and
pay the specified fees for the Services.
ii) By either party, In the event of a material breach hereof by the other party, which bl"each remains uncured thirty
(30) days after written notice thereof is given to the breaching party; or
iii) By TelVue, in whole or in part, immediately if TelVue ceases providing the Services to its customers generally.
1 RQrQP Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel" 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411
www.tvtn.tv
8) !?J"Qpriet3JLRights; Confidentialit)'.
a) As between TelVue and Customer, TelVue and its Licensors shall own all right, title and interest (including without
limitation all Proprietary Rights) in and to the System and the TelVue-Provided Content and all components,
reproductions, modifications or derivative works thereof, in whole or in part.
b) Customer acknowledges and agrees that the Software shall constitute Confidential Information of TelVue for all
purposes hereof. Confidential Information shall not include any information which (i) is or becomes available to the
public other than as the consequence of a breach of any obligation of confidentiality; (ii) is actually known to or in
the possession of Recipient without any limitation on use or disclosure prior to receipt from Disclosing Party' (iii) is
rightfully received from a third party in possession of such information who is not under obligation to the Disclosing
Party not to disclose the information; or (iv) is independently developed by Recipient without access to the
Confidential Information; or (v) is required by customer to be made known by statute, courts or other legal
regulation. .
9) Limited Warranty.
a)TelVue will use commercially reasonable efforts to correct any error or defect in the Services (each, an "Error"),
provided that Customer timely reports such Error to TelVue in writing and assists TelVue in documenting or
replicating such Error. In the event that TelVue determines that any reported Error was not caused by the
Services, but was the result of a cause within Customer's control, TelVue shall be entitled to reimbursement from
Customer for time and materials expended by TelVue in identifying and rectifying such Error.
b) TelVue does not warrant that operation of the Services shall be uninterrupted or error free or that TelVue will be
able to correct all Errors. To the extent that data is being transmitted over the Internet hereunder, Customer
acknowledges that TelVue has no control over the functioning of the Internet and TelVue makes no
representations or warranties of any kind regarding the performance of the Internet. TelVue has no responsibility
for the accuracy, appropriateness, continuity or availability of TelVue-Provided Content.
1 O)lnd~rDnification. TelVue shall defend, indemnify and hold Customer harmless from and against any and all claims
(including any claim or action brought by Customer's cable television operator), liabilities, damages, demands,
penalties and expenses (including, without limitation, court costs and attorneys' fees) arising out of or in connection with
(a) access to and/or use of the System by TelVue or the TelVue-Provided Content, including Sponsorships, (b) any
claim that the System infringes on the Proprietary Rights of any Third Party, or (c) any breach by TelVue of any
representation. warranty or covenant of TelVue hereunder Customer shall, to the same extent, defend, indemnify, and
hold TelVue harmless from any use of the System by Customer.
.11 )Miscellflneous. This Agreement is made under and shall be governed by construed in accordance with the laws of the
States of New Jersey.
IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives, executed this
Agreement as of the date first above-written.
TELVUE CORPORATION ("TeIVue"):
CITY OF BOYNTON BEACH ("Customer"):
By:
By:
Title:
Title:
Date:
Date:
lpQQO Horizon Way, Suite 500, Mt Laurel, NJ 08054
Tel- 1.800.885.TVTN(8886) Fax-1.856.866.7411
www.tvtn.tv
Exhibit List:
A. Channel
B. Hardware and Software
C. Minimum Requirements of Customer Environment
D. Implementation Services
E. Value-Added Services
F. Fees
G. TVTN Sponsorship Guidelines
1R~QO Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel - 1.800.885.TVTN ( 8886) Fax. 1.856.866.7411
wwwtvtn.tv
. Channel Number:
. Access Type: Government
. Cable Operator: Adelphia
. Exclusive or (shared with): Shared
1;1< bip it ~
~b a n IJ.13J
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8, 2007.
1 fiQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411
www.Mn.tv
Exhibit B
~--------
Hardware and Software
_.~-----~---
LS-RQ!J~_QJ~hij::>Model )
· Switching Hardware will be installed on the feed to the Cable Operator for recognizing the switching
between the TVTN Feed and alternate sources of video. so that Sponsor Acknowledgment verification
can be performed.
· Equipment capable of "playing proprietary multi-media program screens and digital video movies, as
well as receive text messages from remote locations and display those messages.
· Information Screens (screens that contain programming codes that will display a multi-media
presentation that can contain: Photographic backgrounds, foreground photographic images. text,
animations, voice-over narration, short digital video clips.)
. Design and production of video screen templates comprised of photographic background, logos and
text. Some containing voice over announcements describing their contents.
. Remote access capability for updating text message pages using TVTN's proprietary Internet based
WEBUSR system. Users can post text community announcements or trusted users can generate
emergency announcements.
. Local emergency screens and related WEBUSR connectivity.
. School emergency closing screens and related WEBUSR connectivity.
. Weather screens that can be updated remotely from a weather service to be provided as part of the
monthly support program.
. Local traffic conditions screen that can be updated from local traffic cameras (if the data is available in
your area).
. Store and archive video (MPEG) on the TVTN Media Player.
. Contain a program wheel.
. Scans of photographs for production of templates and program wheel.
. Full motion video based station breaks and channel IDs.
. Audio library of screen setups and generic announcements.
. Firewall device for installation on High-Speed Internet access connection.
Agreement by and between TelVue Corporation and City ~)f Boynton Beach
dated January 8, 2007..
lQQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411
www.tvtn.tv
Exhibit C
Minimum Requirements When
Installed at Customer's Location
Site Preparation:
. Secure, adequate desktop or equipment rack space (minimum 4 U), in an environmentally controlled
space, to accommodate the TVTN Media Player within 100 feet of the Cable Operator supplied
Channel Modulator.
. Uninterruptible AC power source to accommodate up to a quantity of 4, 115 volt-20 amp receptacles
. An operational High-Speed Internet Access connection (minimum 768K down, 128K up or better),
with an IP address, and open access to the Internet so that TelVue may install its Firewall/VPN
equipment.
. Calibrated Video Signal for each channel(s) supplied from the serving Cable Operator's Channel
Modulator.
. Customer extends a coax cable connection from the Channel Modulator, and a Category 5, 5e or 6
network connection from a High-Speed Access demarcation, each not to exceed 100 feet, and each to
terminate where the TVTN supplied Media Player will be located.
. Minimum of one WEBUSR capable desktop or laptop.
. A site survey conducted by TVTN personnel or their agents may determine that more minimum
requirements may be required, based on the customer's facility.
Implementation Phase:
. Access to and support from technically proficient individuals familiar with the Cable Operator Channei
Modulator connectivity and the customer managed WAN and LAN connectivity during the Implementation
Phase.
. Minimum of one customer-designated individual for the on-site training and WEBUSR testing.
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8, 2007.
1RQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411
www.Mn.tv
Exhibit D
LQJQL~D1ElD!9!iQn SElryi~~_~
TelVue shall implement within days of the execution of this agreement or by _ 20 _ . whichever is
later. complete system capable of activation on the customer's Cable Access Channel. and includes the following features
. Installation and use of the hardware and software for the designated contract.
. Setup of content for the initial program wheel.
. Scans of up to twenty five (25) photographs provided by Customer for production of templates
and program wheel.
. Record up to twenty five (25) generic Audio Announcement Library messages.
. Develop up to four (4) category Templates for WEBUSR Screens.
. Create up to tenfour category Bumper Screens with Audio.
. Create up to four (4) local Emergency Alert Templates with "Instant Insertion".
. Setup of school closing screens four (4) with "Instant Insertion".
. Production of up to two (2) full motion video based station break channel 10. From video
provided by Customer.
. Setup of a series of Weather screens that can be updated remotely from a weather service to be
provided as part of the monthly support program.
. Setup of local traffic condition screen that can be updated from FLDOT (if the data is availa
from them).
. Setup for one administrator and up to twenty (20) users (either "trusted" or "moderated" in
any combination Customer selects). Users can post text community announcements or trusted
users can generate emergency announcements.
. Development of Network Content Templates.
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8, 2007.
1 fjQ,,QO Horizon Way, Suite 500, Mt Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax- 1.856.866.7411
lNWW.tvtn.tv
Exhibit E
Value-added Services
During the term of this agreement, TelVue will provide to the customer in consideration for the monthly support fee:
Monthly Services Include:
. Use of the TVTN Media Player.
. Maintenance and repair of all TVTN provided equipment and software at Installed location.
. Emergency equipment replacement or repair.
. Twenty-four hour, seven-days a week remote monitoring of TVTN equipment with the
ability to diagnose hardware and software problems, repair them and reboot the player.
. Distribution and scheduling management of up to two hundred (200) total channel screens.
. Capability to display up to twenty (20) High Production Screens
. Delivery of TVTN formatted information and programming from third party governmental
and educational sources.
. Licensing and server support for five (5) WEBUSR users (remote access).
. Production of up to four (4) "highly produced" screens (Photos, video clips, headlines,
animations, graphics and audio voiceover) for special events, from materials and copy
provided by Customer, or Superuser status. TVTN superuser status allows a user to create
their own High Production Screens.
. As needed Program Wheel Screen Position adjustments.
. Up to included Video to MPEG Conversion (:30 seconds per conversion).
. Weather forecasting licensing service to run on the weather screen.
. Real Time Traffic (if available).
. TVTN County, State & Federal Network (if available).
. PSA-Public Service Announcements.
Agreement by and between TelVue Corporation and City of Boynton Beach
iated January 8, 2007.
1AQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel - 1.800.885.TVTN (8886) Fax- 1.856.866.7411
www.tvtn.tv
Exhibit F
--_.~---~--_._---
Fees
(First two years waived under Sponsorship Plan)
Start-Up Charge: $12,000.00
Monthly Service Fee: $ 500.00
Billing Infonnation
Address:
Attention:
Purchase Order or File #:
[]Quarterly Billing
OA.nnual Billing
or
Agreement by and between TelVue Corporation and City of Boynton Beach
dated January 8. 2007.
1pQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel - 1.800.885.NTN ( 8886) Fax- 1.856.866.7411
www.tvtn.tv
Exhibit G
TVTN Sponsorship Guidelines
In order to meet non-commercial requirements TVTN has set out guidelines that are followed Public
Broadcasting Stations:
Sponsorship Acknowledgment Guidelines (PBS-Iike):
Permissible:
Name ofproduct(s) and/or service(s)
1. Up to : 15 seconds of acknowledgement
2. Name ofproduct(s) and/or service(s)
3. Company location
4. Number of years in business
5. E-mail address or website (preferably visually depicted)
6. Telephone number
7. Non-promotional, value-neutral descriptions of products or services
8. Use of well-known mottos or slogans that are non-promotional in nature
9. Signature music or appropriate sound effects as a means of enhancing visual and voice-over that are
non-promotional in nature
Non-Permissible:
I. Overt promotion of products or services
2. Price reference
3. Call to action or inducement to buy
4. Comparative or qualitative descriptions of products or services
5. Third-party reviews (from newspapers, magazines, etc.)
Standards and Practices:
Sponsorships will not be accepted from the following:
I. Liquor stores or bars or other establishments whose primary business is the sale of alcohol. (Restaurants
that serve alcohol excluded, provided alcohol is not mentioned in the acknowledgement).
2. Any manufacturer or distributor of beer, alcohol or tobacco.
3. Any entity that promotes the use or sale of illegal drugs or drug paraphernalia.
4. Adult bookstores, adult movie houses and video dealers or strip clubs or any other entity that provides
adult oriented content or products by mail-order or through the internet.
5. Political parties, lobbying groups, political action committees or cause based organizations.
6. Direct Broadcast Satellite services or competitive media.
7. Any illegal or off shore gambling entity or entity that provides infonnation that enables or can be
associated with illegal gambling.
8. Manufacturers or sellers of fireanns, ammunition, gun repairs, accessories, targets, stun guns, tear or
pepper gas dispensers, and ritle and pistol ranges. Retailers who sell other products not fireann related
can be sponsors provided they do not promote fireanll related products (for example, department stores
and sporting goods stores).
1RQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054
Tel-1.800.885.TVTN(8886) Fax-1.856.866.7411
www.tvtn.tv
SlCc,.",-t ,,V 0;::'""
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VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon,) D
D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
~ February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
NA TURE OF
AGENDA ITEM
D AnnouncementslPresentations
D Administrative
~ Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report
D New Business
D Legal
D Unfinished Business
D
RECOMMENDA TION:
Motion to approve and execute by resolution, Task Order No. U07-20-1 with Wantman Group,
Inc. in the amount of $591,280 to provide engineering services for route analysis, field survey,
design, permitting and bid phase services for the Regional Force Main and SE 6TH Avenue Lift
Station Project. Additionally, approve an owner's contingency of 10% in the amount of $59,128
for a budget appropriation of $650,408. The Wantman Group is under master contract with the
City per Resolution 06-050 approved February 21, 2006 by the City Commission.
EXPLANATION:
Wantman Group, Inc. has been requested to design a new lift station to intercept flow and
alleviate the over capacity on existing lift station 356, and to provide an alternate force main to the
existing force main along Ocean Avenue in accordance with the "Lift Station 356 Wastewater
Conveyance System Capacity Analysis" as prepared by CH2M Hill dated December 2003.
Lift Station (LS) 356 is the largest lift station in the City. It is located east of US 1 off Boynton
Beach Boulevard and services almost all of the area from the Boynton Canal to Gulfstream
Boulevard, between 1-95 and the Intracoastal Waterway. The LS 356 system includes gravity
sewer, force main, tributary lift stations and manholes to convey the wastewater to the South
Central Regional Wastewater Treatment Plant on Congress Avenue in Delray Beach. Sections of
the LS 356 collection system are more than 50 years old.
The area serviced by LS 356 between US 1 and the Intracoastal has experienced redevelopment
growth and further development as part of the City's Central Business and Marina Districts. This
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
Sl' -t:_<::.;::.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
area once consisted of light industrial, small strip malls, single-family homes, vacant lots and some
apartment complexes; proposed new zoning will be 40 to 80 units per acre.
The City is concerned that portions of the existing LS 356 cannot meet peak demands, especially
during rain events, and density increases through redevelopment would make the system even
more marginal.
LS 356 discharges through a 20-inch diameter force main to the City's main trunk line at the
intersection of Ocean and Congress Avenues; the trunk line continues south to the regional
wastewater plant in a 36-inch diameter force main. This force main network is near capacity and
has additional negative impact from other contributing lift stations.
In 2002, the City engaged CH2M Hill to perform the "Lift Station 356 Wastewater Conveyance
System Capacity Analysis" and the implementation of this project is the result of the study. As
redevelopment and growth demands, additional components of this study will be implemented.
PROGRAM IMPACT:
As detailed in Task Order No. U07-20-1, the Wantman Group, Inc. will provide professional
engineering services to design and permit a new lift station and force main to the regional
wastewater plant. Additionally, the project will include an interconnection with the 20-inch force
main at SE 1ST Street and East Ocean Avenue to provide a by-pass in the event of an interruption
of service with either the 20-inch or 36-inch pipeline.
The new lift station will divert capacity from LS 356 by intercepting all gravity flow south of
Woolbright Road between 1-95 and the FEC Railroad tracks. The new lift station will be located
at the SW corner of Pence Park.
Task Order No. U07-20-1 encompasses the following tasks to address current over capacity
situations within the LS 356 wastewater conveyance system; and, the anticipated future demands
due to redevelopment.
. Route Analysis
o Review existing utilities' systems to determine the most feasible route for the
wastewater force main
. Field Survey
o Prepare scope of services for field survey of approximately 22,000 feet of roadway
based on the outcome of the Route Analysis
. Design
o Design drawings for construction of new force main, force main interconnect and
new lift station
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
. Subconsultants
o Geotechnical engineer - subsurface investigations
o Structural engineer - structural design for lift station
o Electrical engineer - electrical design for lift station
o Acoustical engineer - sound abatement
. Permitting
o Palm Beach County Health Department
o Palm Beach County Rights-of-Way
o Lake Worth Drainage District
o Florida Department of Transportation
o CSX and FEC Railroad Rights-of-Way
· Bid Phase Services
o Two separate bid packages (Force Main and Lift Station)
FISCAL IMPACT:
Funds are available in Utilities CIP account #404-5000-590-96-03 SWR114.
AL TERNA TIVES:
In order to meet current over capacity situations and future redevelopment and new development,
there is no alternative.
Kofi Boateng, Utilities Director
~
Kurt Bressner, City Manag~r
Utilities Department
Department Name
~
Carisse LeJeune, Assistant to City Manager
-\c-
City Attorney / Finance
Attachment - Three (3) original Task Orders
bc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Chris Roschek, Engineering Division Manager
Paul Fleming, Sr. Project Manager
Barb Conboy, Manager Utilities Admin/Finance
Project File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF TASK ORDER NO. U07-20-1 WITH
6 W ANTMAN GROUP, INC., TO PROVIDE
7 ENGINEERING SERVICES FOR ROUTE ANALYSIS,
8 FIELD SURVEY, DESIGN, PERMITTING AND BID
9 PHASE SERVICES FOR THE REGIONAL FORCE MAIN
10 AND SOUTHEAST 6TH AVENUE LIFT STATION
11 PROJECT IN THE AMOUNT OF $591,280.00, PLUS AN
12 OWNER'S CONTINGENCY OF 10% IN THE AMOUNT
13 OF $59,128.00 FOR A TOTAL BUDGET APPROPRIATE
14 OF $650,408.00; AND PROVIDING AN EFFECTIVE
15 DATE.
16
17
18 WHEREAS, Wantman Group, Inc., has been requested to design a new lift station to
19 intercept flow and alleviate the over capacity on existing lift station 356, and to provide an
20 alternate force main to the existing force main along Ocean Avenue in accordance with the
21 Lift Station 356 Wastewater Conveyance System Capacity Analysis as prepared by
22 CH2MHill dated December, 2003; and
23 WHEREAS, the task order was negotiated usmg the General Consulting and
24 Engineering Services Contract (RFQ #065-2821-03/CJD), which was renewed and approved
25 by the City Commission on February 21, 2006; and
26 WHEREAS, the City Commission of the City of Boynton Beach upon
27 recommendation of staff, deems it to be in the best interest of the citizens of the City of
28 Boynton Beach to approve and authorize the execution of Task Order No. U07-20-1 with the
29 Wantman Group, Inc., to provide engineering services for route analysis, field survey, design,
30 permitting and bid phase services for the Regional Force Main and Southeast 6th Avenue Lift
31 Station project in the amount of $591,280.00, plus an owner's contingency of 10% in the
S.ICAIRESOlAgreementslTask - Change OrderslWantman Group - U07-20-1,doc
amount of$59,128.00 for a total budget appropriate of$650,408.00.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
5 being true and correct and are hereby made a specific part of this Resolution upon adoption
6 hereof.
7
Section 2.
The City Commission of the City of Boynton Beach, Florida does
8 hereby approve and authorize the execution of Task Order No. U07-20-1 with the Wantman
9 Group, Inc., to provide engineering services for route analysis, field survey, design, permitting
10 and bid phase services for the Regional Force Main and Southeast 6th Avenue Lift Station
11 project in the amount of $591,280.00, plus an owner's contingency of 10% in the amount of
12 $59,128.00 for a total budget appropriate of $650,408.00, a copy of which is attached hereto
13 as Exhibit "A".
14
15
16
Section 3.
This Resolution shall become effective immediately upon passage.
{REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
S:\CA\RESOlAgreements\Task - Change Orders\Wantman Group - U07-20-1.doc
PASSED AND ADOPTED this _ day of February, 2007.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23 City Clerk
24
25
26 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S.\CA\RESOlAgreements\Task - Change Orders\Wantman Group - U07-20-1doc
TASK ORDER NO. U07.20.1 · Regional Force Main
Project (Ocean Avenue to the Regional Waste
Water Treatment Plant located on Congress
Avenue and the LWDD 30 Canal). Field Survey,
Final Design, and Permitting for the force main
improvements and the S.E. 6th Avenue waste
water lift station.
A. Background
Wantman Group, Inc. (CONSULTANT) has been requested to design a new lift station to
intercept flow and alleviate the over capacity on existing lift station 356, and to provide
an alternate force main to the existing force main along Ocean A venue in accordance
with the "Lift Station 356 Wastewater Conveyance System Capacity Analysis" as
prepared by CH2MHill dated December 2003.
The City of Boynton Beach (CITY) has requested that the CONSULTANT provide the
route analysis, field survey, design, permitting and bid services to the CITY in the
execution of this project. The project is to be executed using the traditional design, bid,
and construction method.
It is not the CITY's intention to update or re-confirm the CH2MH Study. The CITY is to
provide the sizing of the force main and the lift station to the CONSULTANT.
The CITY has requested that the CONSULTANT prepare two (2) separate sets of plans.
The first set is for the Force Main and the second set is for the Lift Station. The projects
are to be bid and constructed independent of each other.
B. Scope of Services
Task 1 - Route Analysis
CONSUL T ANT will review existing water, sewer and other utilities, and existing right-
of-way maps to determine the most feasible route for the waster water force main.
CONSUL T ANT shall make field visits to assist in the route selection.
Page 1 of 12
Task 2 - Field Survey
CONSULTANT will prepare a scope of services for the execution of a route survey for
approximately 22,000 feet of roadway within the project area. The survey will begin by
compiling existing right-of-way information along the proposed corridor. The survey
will identify all above ground features within the right-of-way and will extend 5 feet
beyond the limits of the right-of-way into private property to collect topographic
elevations, conflicts, and encroachments that may affect the design. As part of the scope,
the CONSULTANT will collect existing topographic elevations along the center-line of
pavement, at the edge of pavement, bottom of swale and at the edge of the right-of-way.
Specific utilities to be identified will include manholes (sanitary and stormwater), catch
basins, valves, water meters, and utility poles. All vegetation (trees and shrubs) located
within the right-of-way will be located. Wherever possible, the CONSULTANT will
remove manhole covers and identify invert elevations for sanitary and stormwater
utilities. The CONSULTANT will obtain copies of atlas sheets from the CITY for water,
sanitary, stormwater, and traffic control, and incorporate these utilities wherever present.
The CONSULTANT will prepare survey on full sized drawings at a l-inch equals 20 feet
(20: 1) scale and submit the survey in both electronic and paper copies. CONSUL T ANT
will review the survey and make necessary changes and collection of additional
information prior to submission and review by the CITY. Following the review and
approval of the base survey, the CONSULTANT will submit the drawings to local utility
companies (gas, telephone, communications, and electric) to incorporate information
regarding the locations and sizes of underground utilities. Additional utility information
will be added to the survey to show the approximate location, however, the
CONSULTANT will not certify its exact placement.
CONSUL T ANT will excavate critical utility crossings by utilizing "SOFT DIG" to
obtain an x y z coordinate. Soft dig utilizes a vacuum system that can open a hole
approximately 6 inches wide and 8 feet deep.
CONSUL T ANT understands that the CITY is developing a survey / CADD standard.
Therefore, the survey will be prepared using industry standards (Florida State Plane) and
CITY's formatting guidelines.
The CITY may provide and hang notices on door knobs to notify homeowners that
survey crews will be working in the area.
Task 3. Design
The CONSULTANT will provide professional engineering services to the CITY for the
construction of approximately 22,000 feet of a new force main (FM) and installation of a
new lift station (LS). The new FM will consist of 20 to 24 inch diameter epoxy lined
ductile iron pipe and fittings. At the crossing of 1-95, a HDPE pipe will be upsized to
accommodate for the thicker wall thickness.
Page 2 of 12
The LS shall be a tri-plex pump station with VFD and a capacity of approximately 3,000
to 5,000 gallons per minute (gpm), and will include a short section of gravity sewer main
from the existing main on SE 6th Avenue to the proposed wetwell. A generator similar to
the one installed at the East Water Treatment Plant and controlled air will be included (ie:
Self contained with belly tank).
The work will include preparation of Drawings and Specifications to be used for bidding
and construction. The CONSULTANT will provide two (2) separate design packages,
one for the FM and one for the LS.
The specific scope of services to be provided by CONSULTANT in this Task Order
include the following:
1. Call utility location company Sunshine State One Call to verify utility locations.
Perform site investigation activities including a "field survey" of the project area to
verify water line, sanitary sewer, and other utilities locations and alignments are
consistent with that shown on utility record drawing information. Verification is to
be by visual observation of surface features of utilities (i.e., manholes, valve boxes,
cable boxes, fiber optic markers, etc.). At critical points, "Soft Dig" will be used to
locate and verify locations of existing utilities. For purposes of providing an
estimate, it is assumed that 25 holes will be needed. If additional are needed, this will
be considered an extra.
2. Review available utility plans, atlases, and maps of the area for location of existing
utilities. Coordinate the proposed force main alignment with existing utility
alignments to avoid conflictive routings to the extent possible.
3. Swale improvements and sidewalk replacement will be depicted by use of typical
standard sections and details keyed to the plan drawings. Driveways will likewise be
regraded and replaced as indicated on typical standard restoration details contained in
the drawings.
4. Surface details such as fences, sidewalks, walls, curbs, vegetation, signs poles, etc.
will be noted to the extent that they may be materially affected by the construction of
the force main.
5. Existing underground utilities will be shown on the Drawings based on available
information obtained from CITY and as verified by the field survey information
discussed above. Utilities shown are only those located within the work area that will
materially effect construction of the improvements (i.e. water or sewer mains,
telephone conduits and cable, fiber optic or electrical lines).
6. Drawings will be provided to the CITY at the 30 (route analysis), 60, 90, and 100
percent stages of design completion. The 30, 60, 90 and 100 percent drawings will be
provided in full-size (22" x 34") format. Drawings for permit review will be full size
(22" x 34") format.
7. The Drawings will show locations of existing water lines, sanitary sewers, drainage
and other utilities. Streets, driveways, and sidewalks, will be outlined on the
Page 3 of 12
Drawings. Plan drawings will be at a scale of I-inch equals 20 feet. Profile drawings
will be at a scale of I-inch equals 2 feet. All drawings are to be plan over profile.
8. Upon completion of the 30% and 60% drawings, CONSULTANT will supply the
CITY four (4) sets ofreview documents. The CONSULTANT will attend a 30% and
60% design-review workshop with CITY personnel to receive and discuss review
comments regarding the documents. The CITY will provide CONSULTANT with a
marked set of the documents containing the CITY's consolidated comments for use in
preparation of the next stage of design deliverable. For the 60% deliverable, the
"non-standard" draft specifications will be provided.
9. Upon completion of the 90% drawings, CONSULTANT will supply the CITY four
(4) sets of review documents. The CONSULTANT will attend a 90% design-review
workshop with CITY personnel to receive and discuss review comments regarding
the documents. The CITY will provide CONSULTANT with a marked set of the
documents containing the CITY's consolidated comments for use in preparation of the
next stage of design deliverable. For the 90% deliverable, draft technical
specifications will be provided.
10. Upon completion of the 100% documents, CONSULTANT will supply the CITY
three (3) sets of the final documents with appropriate copies of permit applications for
signature. The CONSULTANT will transmit the signed permits to the appropriate
agencies on behalf of the CITY.
11. The location and elevation of CITY established horizontal and vertical control (if
any) will be listed on appropriate plan sheets.
12. CONSULTANT will attend up to four (4) Community Involvement Meetings (CIM)
as directed by the CITY. The CONSULTANT will prepare limited presentation
materials.
13. CITY developed standard details applicable to the work will be incorporated into the
Drawings. CONSULTANT will modify, as necessary with CITY approval, the CITY
standard details.
14. Specifications are to be prepared by the CONSULTANT for bidding purposes for the
force main and lift station, and the Front-End Contract Documents are to be prepared
by the CITY. These documents are to reflect the following:
. Contract Documents will use the CITY's existing "Front-End" conditions
modified by the CITY as appropriate for this project. Division 1 through 3
technical specifications will utilize the CITY's master specifications modified by
CONSUL TANT as appropriate for the project.
. Separate bid schedules will be provided for the FM and LS improvements.
15. An opinion of probable construction cost will be prepared for the 60%, 90% and
100% drawings and specifications. The cost estimate format will be consistent with
the bid proposal tabulation sheet for the project. The cost opinion will be provided to
the CITY during the 60% and 90% design review and at the time the advertisement
for bids is published.
Page 4 of 12
16. The project drawings are expected to consist of the following sheets:
Estimated Sheet Count for Regional Force Main
City of Boynton Beach
Sheet No. Drawing No. Description
1 G-1 Cover Sheet (Title & Vicinity Map)
2 G-2 Key Map
3 G-3 General Notes, Legend, and Abbreviations
4 - 47 C-1 to C-44 Plan at 1" = 20' scale/Profi1e at 1 "=2'
(Single Panel Format - plan over profile)
48 - 55 D-I to D-8 Civil Standard Details (Restoration)
56 P-1 Bid Tabulation Items
57 P-2 Material Specifications
Estimated Sheet Count for Lift Station SE 6th Avenue
City of Boynton Beach
Sheet No. Drawing No. Description
1 G-1 Cover Sheet (Title & Vicinity Map)
2 G-2 Key Map
3 G-3 General Notes, Legend, and Abbreviations
4-13 LS-1 to LS-lO Lift Station Plans
14 - 22 LS-ll to LS-18 Detail Sheets
23 - 27 S-l to S-5 Structural Plans
28 - 29 E-1 to E-2 Electrical Plans
30 - 31 A -1 to A-2 Acoustical
32 P-1 Bid Tabulation Items
33 P-2 Material Specifications
Page 5 of 12
Task 4 - Subconsultants
4.1 Geotechnical. CONSULTANT shall furnish the services of a professional
geotechnical engineer (Tierra Geotechnical) to provide subsurface investigations of the
project area that will include:
. Perform up to forty (40) standard penetration tests (SPT) borings to an average
depth often (10) feet.
. Perform up to four (4) standard penetration tests (SPT) borings to an average
depth of sixty (60) feet.
. Evaluate field data collected and provide geotechnical engmeenng evaluation
report.
4.2 Structural. CONSUL T ANT shall furnish the services of a professional structural
engineer (Bridge Design Associates) to provide structural design associated with the Lift
Station.
4.3 Electrical. CONSUL T ANT shall furnish the services of a professional electrical
engineer (Smith Engineering Consultants, Inc.) to provide electrical design associated
with the Lift Station.
4.4 Acoustical. CONSUL T ANT shall furnish the services of a professional acoustical
engineer to provide sound abatement associated with the Lift Station.
CONSUL T ANT will contract the services of the geotechnical, structural and electrical
firms directly. These services will be provided on a time and material basis with a 10%
markup (as specified in negotiated rate schedule) on the subcontracted fees to manage the
subconsultant's work and prepare the subcontracting documents. CONSULTANT will
review subconsultant scope of services with the CITY prior to authorizing each
subconsultant to begin work.
Task 5. Permitting
The CONSULTANT will assist the CITY in obtaining two (2) Palm Beach County
Public Health Department (PBCHD) permits for the force main and the lift station by
completing the permit forms for CITY approval/signature and providing required
drawings necessary to obtain the permits. Permit application forms including drawings
for permitting through the PBCHD will be submitted to the CITY concurrent with
delivery of the 90% design documents. The FDEP "Long-Form" permit application is
required. Fees will be paid by the CITY.
The CONSULTANT will also assist the CITY in obtaining the Palm Beach County
Right-of- Way Construction-Utility Permit for any utilities crossing or within Palm Beach
County Rights-of-Way. Permit application forms including drawings for permitting
Page 6 of 12
through the Palm Beach County Land Development Division will be submitted to the
CITY concurrent with delivery of the 90% design documents. No permit fee is required.
The CONSULTANT will also assist the CITY in obtaining Lake Worth Drainage District
(L WDD) permits for canal crossing by completing the permit forms for CITY approval!
signature and providing required drawings and background information. Permitting for
the L WDD will be performed concurrently with issuance of the 90% design documents.
Permit fees will be paid by the CITY.
The CONSULTANT will also assist the CITY in obtaining the Florida Department of
Transportation (FDOT) Utility Permit for the crossing of 1-95. Permit application forms,
including drawings and specifications for permitting through the FDOT will be submitted
to the CITY concurrent with delivery of the 90% design documents. Fees will be paid by
the CITY.
The CONSULTANT will also assist the CITY in obtaining a permit to cross the CSX
and FEC rights-of-way. Permit application forms, including drawings and specifications
for permitting through the CSX and FEC will be submitted to the CITY concurrent with
delivery of the 90% design documents. Fees will be paid by the CITY.
Two copies of the final permitting packages (plus the number of agency required copies)
will be submitted with the 90% plans for submittal to the PBCHD, Palm Beach County,
FDOT, CSX, FEC and L WDD by the CONSULTANT.
CONSUL T ANT will prepare two (2) responses to each "request for additional
information" made by regulatory agencies following submittal of the permit applications.
Additional responses to agency requests for additional information will be considered an
Additional Services item.
City right-of-way and Palm Beach County Roadway work permits for work conducted
within City rights-of-way and County rights-of-way will be required from the City of
Boynton Beach and Palm Beach County. It is the intent of this project to require the
CITY's selected contractor to apply for and acquire the necessary work permits. In
addition, if any de-watering permits are necessary to conduct the work, their acquisition
will also be the responsibility of the contractor. CONSULTANT, through the CITY, will
provide the contractor with necessary site figures and data to support the permitting
effort. (Also include as applicable to the project, FDOT, FEC, CSX, etc.)
Preparation of other permits for the above agencies (or for other regulatory agencies)
beyond that specified above will be considered an Additional Services item. Examples of
typical permits not included in this scope of work include wetland dredge and fill
permits, Asbestos Handling/Disposal notification permits, Archeological/Historical
preservation permits, endangered species permits, tree removal permits, environmental,
etc.
Page 7 of 12
Task 6 - Bid Phase Services
The CONSULTANT will prepare two separate bid packages, one for the force main and
one for the lift station. The bid phase services are to be performed for each package.
Bid phase services to be performed by the CONSULTANT will be consistent with the
guidelines in the "Standard Procedures and Functions for Consultants, Procurement
Services, and the Project Management Team, " provided by the CITY and will include the
following:
1. Prepare Contract Document packages (i.e. drawings and specification) for CITY
advertisement and bidding purposes. Drawings to be full size (22" x 34") format.
2. Distribute copies of the Contract Documents to the prospective bidders. The cost for
production of the contract documents will be borne by the bidders through purchase
of the construction documents from CONSULTANT. Maintain records of the plan
holders list and provide a copy of the list to the CITY on a weekly basis.
3. Provide document mailing and pre-bid services, such as maintaining plan holder's list,
answering questions from potential bidders, and providing technical information to
the CITY for Contract Document addenda and distribution to the plan holders;
addenda will be issued by Procurement Services for the CITY.
4. Respond to questions from prospective bidders and suppliers and provide technical
information to the CITY for addenda that will be issued by Procurement Services as
appropriate. Technical information for up to three addenda is assumed in the budget
for Bid Phase Services.
5. Review bid packages received, prepare bid tabulation sheet and due diligence form
and recommend award.
6. Assist the CITY in conforming and preparing Contract Documents for execution by
the CITY selected Contractor. Assist in the review of Contract Documents and bonds
before forwarding to the CITY for execution.
7. Issue integrated Conformed sets of Contract Documents including, the Schedule of
Bid Items, the Contract, and the General Conditions for Construction, Technical
Specifications and project construction drawings. Supply two (2) sets of Conformed
Contract Documents and electronic drawings for the City and awarded contractor.
c. Assumptions
In addition to, the work items discussed above, the following assumptions were made in
establishing the scope of this Task Order and associated fee. Changes and/or
modifications in the above work items or these assumptions are considered an Additional
Services Item under the terms of the contract. Assumptions include:
1. Separate plans, permitting, etc. will be prepared for both the FM and LS.
2. The scope and budget are based on the FM being constructed in public rights-of-way.
Page 8 of 12
3. CONSULTANT has not included any fees for replacement and/or rehabilitation of
any existing utilities in this Task Order. If required by CITY, an Amendment to this
Task Order will be executed for this work.
4. The CITY will provide CONSULTANT an electronic version of "front end" contract
documents in MICROSOFT WORD format (see attached Standard Procedures and
Functions).
5. Surveying and legal work necessary to prepare document for and to secure easements
(temporary and permanent) required for installation of the FM is the responsibility of
the CITY. Any title searches required will be prepared by the CITY.
6. Deviations from the Final Design Drawings will be compiled by the Contractor and
electronically incorporated onto the drawing files. Two sets of signed and sealed
RECORD drawings will then be submitted by the Contractor to the CITY. One set of
RECORD drawings will be provided to CONSULTANT for each submittal to FDOT,
FEC, CSX, PBCE, L WDD and PBCHD.
7. CONSULTANT will attend up to four (4) public meetings or hearings regarding the
project. However, attendance at public meetings or hearings associated with permits
applied for in support of the project is not included in the budget
8. Construction RPR hours for the FM are based on 13 months of actual construction
(Monday through Friday) at 8 hours per day, for a total of 2,253 man-hours.
Construction RPR hours for the LS are based on 9 months of actual construction
(Monday through Friday) at 8 hours per day, for a total of 1,560 man-hours.
9. The CITY is responsible for all permitting fees, including costs of public notification
in local newspapers.
10. The CITY will provide CONSULTANT an electronic version of CITY standard FM
and LS details in AUTOCAD Version 2000 format.
11. Two permit applications covering the proposed construction work will be prepared
for submittal to each regulatory agency. One set for the FM and one set for the LS.
12. No pre-purchase of materials and/or equipment is presumed.
13. A single bidding effort is assumed, one each for the FM and LS. Re-bidding of the
project is considered an Additional Services item.
14. The design is to be based on the federal, state and local codes and standards in effect
at the beginning of the project. Revisions required for compliance with any
subsequent changes to those regulations is considered an Additional Services Item.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated November 18, 2005
between the City of Boynton Beach and Wantman Group, Inc.
Page 9 of 12
E. Additional Services
The following are examples of some specific Additional Services Items that may be
required, but are not included within this Task Order. Generally, a condition contrary to
the work description in Section B or assumptions of Section C (upon which the design
fee is based) is considered an Additional Services Item. Examples include:
1. Additional permitting assistance in excess of that identified in this Task Order.
2. Additional lump sum fees will be developed as requested by the CITY for future
work to include additional drawings, revised "front ends" and the preparation of
additional bid documents. Bid services, SDC, and RPR will be extended as
appropriate.
3. Field verification (horizontal or vertical) of existing utilities beyond those described
in this Task Order.
4. Additional regulatory agency responses beyond two (2) responses to an agency
incompleteness and/or additional information request.
5. Development of property descriptions of easements, road rights-of-way, etc.
Preparation of right-of-way or easement boundary surveys.
6. Threatened or endangered species and species of special concern permitting or
relocation work or other environmental permitting.
7. Archeological/Historical preservation permits, studies, or reports.
8. Surveying, flagging, or other work necessary to secure tree removal permits from the
City, County, or other jurisdictions.
These and other services can be provided, if desired by the CITY, under separate Task
Order(s) or by an amendment to this Task Order. Services performed will be on an as-
directed basis in accordance with a written Notice to Proceed from the CITY.
F. Obligations of the CITY
1. The CITY shall provide the CONSULTANT in a timely manner, record data and
information related to the sewer system, water distribution system, drainage system,
traffic control and streets within the project as necessary for the performance of
services specified herein. This includes painting the locations of water mains and
sanitary sewers and laterals in the field for the CONSULTANT.
2. The CITY shall review all drawings and other documents presented by
CONSULTANT; obtain advice of an attorney, insurance counselor, and others as
CITY deems appropriate for such review and render decisions pertaining thereto
within reasonable time so as not to delay the services of CONSULTANT.
Page 10 of 12
3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall
obtain approvals and permits from all governmental authorities having jurisdiction
over the project. The CITY is responsible for the payment of all permit application
fees.
G. Compensation
Compensation by the CITY to the CONSULTANT for Tasks 1, 2, 3a, 6a and 6b will be
on a lump sum basis. Tasks 3b, 4, Sa and Sb will be on a time and material basis. The
estimated compensation for the services described in this Task Order is $S91,280.00 as
shown in Table 1 below.
TABLE 1: LABOR AND EXPENSE SUMMARY
Labor Labor Expenses Total Basis of
Hours Cost Cost Payment
Task 1 - Route Analysis 92 $13,080 $500 $13,580 Lump Sum
Task 2 - Field Survey 974 $116,600 $12,500 $129,100 Lump Sum
Task 3a - Design Phase (FM) 2,271 $244,750 $5,000 $249,750 Lump Sum
Task 3b - Design Phase (LS) 700 $80,690 $5,000 $85,690 Time and
Material
Task 4 - Subconsultant Services N/A N/A $52,800 $52,800 Time and
Material
Task 5a - Permitting Phase (FM) 158 $18,410 $5,000 $23,410 Time and
Material
Task 5b - Permitting Phase (LS) 70 $7,910 $3,000 $10,910 Time and
Material
Task 6a - Bid Phase Services (FM) 108 $10,520 $2,500 $13,020 Lump Sum
Task 6b - Bid Phase Services (LS) 108 $10,520 $2,500 $13,020 Lump Sum
Totals 4,481 $S02,480 $88,800 $S91,280
Page 11 of 12
H. Schedule
The completion dates for this work will be as follows (starting at written notice-to-
proceed). A detailed schedule is attached.
Engineering Services Time per Phase Cumulative Time
Task 1 - Route Analysis 1 Month 1 Month
Task 2 - Field Survey 2 Months 3 Months
Task 3 - Design Phase (J) 6 Months 9 Months
Task 4 - Subconsultants N/A N/A
Task 5 _ Permitting Phase (2) 4 Months 13 Months
Task 6 - Bid Phase 3 Months 16 Months
(1) Subconsultant services will be completed during Task 3 - Design Phase.
(2) FEC and CSX may take longer.
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner, City Manager
Dated this
day of
,2007
SUBMITTED BY:
W ANTMAN GROUP, IIC' , ~
I~
+ -'_.._~
Joel Wantman, Chairman
By:
Datedthis /5dayof ~
,2007
M:\Proposals\I\1UNICIP AL PROPOSALS\City of Boynton Beach\Regional FM and S E 6th LS\Task Order No I Rev 11207doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlv.l
VI.-CONSENT AGENDA
ITEM C.S.
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 Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D
D January 2, 2007 December 18, 2006 (Noon) D March 5,2007 February 12,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
~ February 13,2007 January 22, 2007 D April 3,2007 March 19,2007 (Noon)
NATURE OF
AGENDA ITEM
D
o
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D
o
Administrative
AnnouncementslPresentations
o
D
D
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City Manager's Report
New Business
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EXPLANATION: 4th St. LLC is in possession of a building that is scheduled for demolition. It is the desir~f oJ:c:c
Fire Rescue Department Training Division to take advantage of the structure to allow for live fire trainin(p}Irn~
building is located at 416 SE 4th Avenue. lT1",
:r
Consent Agenda
Legal
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N
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Code Compliance & Legal Settlements
Public Hearing
Unfinished Business
RECOMMENDATION: Approval of contract between 4th St. LLC and the City Of Boynton Beach
PROGRAM IMPACT: Live Burn Training is an integral part of any fire fighter's hands on training. As such this
type of building and the opportunity it presents, is sought after by our training staff. Critical elements of this type of
training include fire suppression, safety, arson investigation 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 owner will donate the property.
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 ectively to save lives and property.
~
City Manager's Signature
(jm{/
Department Name
~t to City Manager
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
2 RESOLUTION NO. R07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING EXECUTION OF A
7 FIRE TRAINING AND CONTROLLED BURN
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND 4TH STREET LLC., FOR FIRE RESCUE
10 TRAINING; AND PROVIDING FOR AN EFFECTIVE
11 DATE.
12
13 WHEREAS, the City's Fire Department desires to use the building located at 416
14 Southeast 4th Avenue, Boynton Beach, Florida for the purpose of fire rescue training
15 exercises; and
16 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, 4th Street LLC., has agreed to allow the City
19 to use the aforesaid building for fire rescue training sessions.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
Each Whereas clause set forth above IS true and correct and
23 incorporated herein by this reference.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorizes the execution of an Agreement between the City of Boynton Beach and 4th
26 Street LLC., allowing the use of the building at 416 Southeast 4th Avenue, Boynton Beach,
27 Florida, for fire rescue training purposes. A copy of that Agreement is attached hereto and
28 made a part hereof as Exhibit "A".
29
Section 3.
That this Resolution shall become effective immediately upon passage.
Ca!reso/agreementsibbfd/Hidden Brook rire Rescue Training
2
PASSED AND ADOPTED this _ day of February, 2007.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23 City Clerk
24
25
26 (Corporate Seal)
27
28
29
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Ca/reso/agreementslbbfd/Hidden Brook - Fire Rescue Training
Exhibit "A"
Lots 6, 7, 8, 9 and 10, SUNSET COURT, according to the Plat thereof on
file on the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 11, Page 29, Public Records of
Palm Beach County, Florida.
and
West 50' of the East 120' of the North 10' of Lot 9, Block "B", PENCES
SUBDIVISION NO.1, according to the Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida
recorded in Plat Book 1, Page 33, as in Deed Book 931, Page 430, Public
Records of Palm Beach County, Florida, which includes: Beginning at the
Northeast Corner of Lot 9, Block "B", PENCES SUBDIVISION NO.1, to
the Town of Boynton, being that part of the Southeast 1/4 of Northeast 1/4 of
Section 28, Township 45 South, Range 43 East, lying East of Railway as
recorded in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, and run West along said Lot Line 70 feet to a point; thence
run South 10 feet to a point; thence East along said Lot Line to a Point of
Beginning, intending hereby to describe a 10 foot Southerly extension of
Lot 8 of Sunset Court Sub-Division of Lots 7 and 8 of Pences Subdivision
to the Town of Boynton, Palm Beach County, Florida.
FIRE TRAINING AND CONTROLLED BURN AGREEMENT
THIS AGREEMENT is made on this _ day of 2007, 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
4th Street LLC, a Limited Liability Company, with an address of 626 S.E. 4th Street,
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 Burn 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 416 S.E.
4th Avenue, 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 on the Property is owned by Owner, is described m this
Agreement, and meets the criteria for training and Controlled Bum Exercises; and
NOW, THEREFORE, in consideration of the promises and mutual covenants herein set
forth, it is agreed as follows:
1. 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 416 S.E. 4th Avenue, Boynton Beach, Florida, hereinafter referred to as the "Property" and
more particularly described in Exhibit "A" which is attached hereto, and incorporated herein by
reference.
3. Actual Authority. 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
entering into this Agreement.
C:\Documents and Settings\altmanr\Local Settings\Temporary Internet Files\OLKB3\Fire Training and Controlled Bum Agreement _ 4th Street
LLCdoc
4. Ownership Indemnification. Owner further agrees to hold harmless and indemnify
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 Burn 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 Burn 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 Burn training sessions for the Fire Rescue
Department.
6.2 Owner agrees that any clean up on the Property after the
completion of the Controlled Burn training session is at the sole discretion
of the City and Owner shall be responsible for any costs associated with
the clean up of the Property after the Controlled Burn training session.
2
C:\Documents and Settings\altmanr\Local Settings\Temporary Internet Files\OLKB3\Fire Training and Controlled Burn Agreement - 4th Street
LLCdoc
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
shall be responsible for any and all damages incurred as a result of their respective negligence.
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 shall indemnify the non-faulting party. Such
indemnification shall include reimbursement for any and all 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 of litigation, investigation costs.
8. Term of Agreement. This Agreement shall take effect upon approval and execution of
this Agreement authorizing the Fire Rescue Department to perform or execute the Controlled
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 shall remain in effect
after the termination date.
9. Demolition. Notwithstanding any other provision herein, the structures located at 416
S.E. 4th Avenue are currently scheduled to be demolished by the Owner for the purposes of re-
development. Therefore, if the Controlled Burn Exercise as contemplated within this Agreement
does not take place on or before April 1, 2007, 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 Controlled Burn Exercise for any reason whatsoever. If the
Controlled Burn Exercise is rescheduled, cancelled or terminated, City shall so notify Owner in
writing, by certified mail, hand delivery or facsimile transmission within a reasonable time frame
prior to April 1, 2007, and the Controlled Bum Exercise must take place on or before April I,
2007.
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 Controlled Burn
Exercise on the Property. City agrees to conduct training on or about February 15, 2007 and the
Controlled Burn Exercise on or before March 22, 2007. The City shall notify Owner in writing,
by certified mail, of the date of completion of the Controlled Burn Exercise on the Property.
12. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered
by the Owner.
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,
3
C:\Documents and Settings\altmanrlLocal Settings\Temporary Internet FileslOLKB3\Fire Training and Controlled Burn Agreement _ 4th Street
LLC.doc
and regulations.
14. Venue. The parties agree that this Agreement shall be governed under the law ofthe 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
A TTN: 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:
4th Street LLC
626 S.E. 4th Street
Boynton Beach, FL 33435
Fax: (561)
COpy TO: Jeff Tomberg, Esquire
626 S.E. 4th Street
Boynton Beach, FL 33435
Fax: (561) 734-8971
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.
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.
4
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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.
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 perjury and establish prima
facia evidence of intent to defraud which offenses are punishable by a court of competent
jurisdiction.
~~
Owner's Initials
d. IN WhTNES1 OF THE FOREGOING, the parties have set their hands and seals this
L day of, J!'\L.ICH -, 2007.
Attest:
CITY OF BOYNTON BEACH
BY
JANET PRAINITO, CITY CLERK
Kurt Bressner, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
5
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~ ",'1 A /..{ f!/!. r'..-,J .
Prin~ame
OWNER:
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4th Street, LLC.
GJ/c)!~ //9 1\:/
Print Name
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WITNESSES:
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Signature G
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Signature -
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Prmt name / . " Ii: t ,,_).? I-"\.! 0 I~~
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer du&authorized~law to ~minister oaths and take
acknowledgments, personally appeared -~/tJt!../;" A;:" .o.~~aging member of 4th Street
LLC., and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it, and that the instrument is hislher act and deed.
IN WITNESS OF THE FOREGOING,. I have set my hand and official seal at in the
State and County aforesaid on this '3 day of \C1(! ULHi-2007.
L", {AR, Y PUBL,IC
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My Commission Expires:
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6
C:\Documents and Settings\altmanr\Local Settings\Temporary Internet Files\OLKB3\Fire Training and Controlled Burn Agreement - 4th Street
LLC.doc
VI.-CONSENT AGENDA
ITEtJl C.6
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 Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D
D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
~ February ] 3,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
Code Compliance & Legal Settlements
Public Hearing
D
o
D
D
D
City Manager's Report
New Business
Announcements/Presentati ons
NATURE OF
AGENDA ITEM
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RECOMMENDATION: Authorization to enter into an agreement with Workforce Alliance in furtherance of a~pp~
Employed Worker Training Grant. = ~:z
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EXPLANATION: The Workforce Alliance has established a grant program to financially assist municipalitie~d Wr~
businesses in training their employees. This locally funded program is meant to upgrade the skills of existing employees a~
help employed workers retain self-sufficient employment. The grant pays for the registration fees and the City matches the
grant by paying for other associated training costs, i.e. food, transportation or lodging and staff time while in training. The
City must enter into a project agreement to receive the grant award. The employees will have until May 31, 2007 to complete
the training.
D
D
~
D
D
Administrative
Consent Agenda
Legal
Unfinished Business
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PROGRAM IMPACT: In FY2005/2006, the City was awarded $20,825.00 to train 26 employees in Utilities, ITS, Human
Resources, Police Department and Communications. The 2006/2007 Employed Worker Training Grant will provide
$27,711.00 to train up to 31 employees in ITS, Human Resources and Communications. Training includes local training,
on-line training and out of state training. This training enables employees to obtain or retain professional certifications
necessary to perform their job abilities to the fullest.
FISCAL IMPACT: The grant pays for the registration fee. The award requires the City to pay for other associated training
costs. Human Resources training is local or on-line, so there are no travel costs involved. ITS and Communications
FY2006/07 approved budgets have the allocated funding to cover travel (if applicable). Communications has $5,685.00 in
account #00 I -1810-519-54-30, and ITS has $252.00 in account # 001-15 I 0-513-5430, and $680.00 in account number # 001-
1511-513-5430.
ALTERNATIVES: Not enter into the
'~~Orl'eit the grnnt~
City Manager's Signature
City Manager
Department Name
~ttOC
City Attorney 1 Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R 07-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE EXECUTION OF AN AGREEMENT
7 WITH WORKFORCE ALLIANCE IN FURTHERANCE
8 OF AN APPROVED EMPLOYED WORKER TRAINING
9 GRANT; AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, Workforce Alliance has established a grant program to financially
13 assist municipalities and small businesses in training their employees; and
14 WHEREAS, this locally funded program is meant to upgrade the skills of existing
15 employees and help employed workers retain self-sufficient employment; and
16 WHEREAS, upon recommendation of staff, the City Commission has determined
17 that it is in the best interests of the residents of the City to approve and execute an
18 Agreement with Workforce Alliance in furtherance of an approved Employed Worker
19 Training Grant.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby approve and authorize execution of an Agreement with Workforce Alliance in
27 furtherance of an approved Employed Worker Training Grant, a copy of which is attached
28 hereto as Exhibit "A".
S:\CA\RESO\Agreements\Workforce Alliance (Employed Worker Training Grant).doc
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Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of February, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
City Clerk
(City Seal)
S:\CA\RESO\Agreements\Workforce Alliance (Employed Worker Training Grant).doc
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Employed Worker Training Grant
Pro ram Year 2006/2007
I.MPIai..... .....
ZIP: 33435 Count: Palm Beach
Title: Grants Coordinator
Ext. Fax: 561-742-6238
Website Address: WNW.bo nton-beach.or
Description of your business, product(s) and/or service(s):
The City of Boynton Beach is a government agency that serves a population of approximately 64,000 citizens
EWT Contract 06-07
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Statement of Work
The program to be provided by the Business shall consist of an employed worker
training program, in which individuals in the employ of the business are provided
training in one or more of the subject areas identified within this agreement.
Trainina to be performed
Training shall commence following employee eligibility determination and
submission of all required documents to Workforce Alliance. Employees to be
trained will be identified by the Business and will be certified as eligible.
In accordance with the Workforce Invest Act (WIA) requirements, each employee
who will participate in the training as a part of the eligibility determination and
registration process must provide the following information to Workforce Alliance.
. Employee name
. Social security number
. Address
. Primary phone number and one alternate number
. Date of hire
. Date of initial participation in the training
. Date of birth
. Gender
. Race
. Ethnicity
. Whether any of the individuals have a disability
. Workforce Alliance will determine selective service registration through
employees' social security numbers
. Citizenship as indicated on the 1-9 form
. If currently enrolled in school
. Highest education level
. Veteran status
. Signed attestation statement
To expedite the collection of all required information Workforce Alliance will
provide both an electronic spreadsheet and individual employee registration
forms which must be signed by each unique individual receiving training.
There are four employee eligibility factors that require more than employees
attestation statement on the registration document. Per WIA requirements, proof
of verification to confirm eligibility is required on each individual receiving training
under this grant on the following:
EWT Contract 06-07
2
IIIInrk~rc~ "' 1MPlSY.. '. '.. .. ......
AII'f!......~C'~~ --' fILItIDtl
1. Proof of Social Security number (copy of social security card)
2. Proof of Citizenship, Authorization to Work or Alien Status (1-9)
3. Proof of Birth Date/Age (Drivers License)
4. Proof of Selective Service Registration (Applicable to males, 18 years of
age and over, who were born after 12/31/1959. - website printout)
See attachment 1.1 for all other items to verify reauired information
All individuals participating in training funded by this agreement must be
employees of the business prior to the start date of training.
Business may use internal staff, educational institutions or certified instructors to
provide this occupational training. This shall be specified prior to start of training
and shall be supported by costs in the budget.
Business shall maintain time and attendance documentation related to the
employees who participate in the training activities. This documentation shall
serve as part of the reimbursement process.
Business shall complete all training by May 31 5t , 2007 and provide all required
reports and reimbursement expenses within thirty days of completion of the
training, so that all monies can be reimbursed by June 30th, 2007.
Workforce Alliance will provide business an electronic spreadsheet to verify
status of employees after all items are presented.
Compensation
Workforce Alliance agrees to pay Business the total amount of Twenty Seven
Thousand Seven Hundred ElevE!n Dollars ($27,711.00) for training actually
provided in accordance with the required performance and the below stated
provisions.
· Successful completion of training described and delivered to the
contracted number of unique individuals.
· Hard copies of Certificates of Completion and/or occupational skills
credential signed by the business which state the individual employees
name and date certificate was awarded.
Reimbursement payment will be prorated and Business will be entitled to be paid
$893.90 from the amount contracted for each individual trained who successfully
completes training up to a maximum of ~ individuals for a total payment of
$27,711.00.
Invoicin~
In order to receive payment the Business shall submit an invoice to Workforce
Alliance within (10) working days following the end of each month. Invoices that
EWT Contract 06-07
3
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are correctly submitted will be paid within 30 days of the receipt. The invoice
must be accompanied by all documentation necessary to substantiate the
expenses for which the business is seeking reimbursement.
RifB!
Payment shall be made to the business at:
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
The costs incurred and invoiced must match the line items in the budget.
If employee time is requested for reimbursement or is used as match such as in
the case of time spent developing curriculum Business should include a copy of
the signed time cards and hourly pay with the submission of their invoices.
Business may submit such document as may be agreed to by the Workforce
Alliance that substantiates payments made to the employee such as a direct
deposit receipt or a cancelled payroll check.
If reimbursement for curricula development by a third party is requested a copy of
the invoice submitted to Business and a copy of the check or other evidence of
the payment to the third party shall be submitted with the invoice.
For purchases, Business shall submit a copy of the paid invoice with the check
number indicated on the invoice, and a copy of the front and back of the
cancelled check.
For proprietary materials such as books and supplies, Business shall provide
signed receipts from employees acknowledging delivery of the materials for
which Workforce Alliance is being charged, along with the paid invoices where
appropriate.
Any cost not a part of the original budget must be approved by Workforce
Alliance prior to Business incurring the cost and must be evidenced by an
amendment to this agreement.
The final invoice must be submitted within in ten days of the completion of this
agreement.
Business shall be paid in accordance with attached budget. Requests for
changes to the budget shall be initiated through a written request to Workforce
Alliance. Upon the agreement of the parties the contract shall be modified in
writing to reflect the requested changes.
EWT Contract 06-07
4
I/IInrkfurcp..., -........
AII'f'IZ.C'1? ~~
.........
Budaet
-
1. Instructor
WageslTuition
(Break out costs for
individual programs
including total hours and
instructors wa es
2. Curriculum
Development
3. Materialsl Suppliesl
Textbooks (itemize)
I 4. Training Equipment
Purchase
5. Other Costs
(describe)
Le. Facility
6. TRAVEL
7. Trainee Wages
(including benefits)
8. TOTALS.
$7,261 - 9-1-1
Communications
$17,991 - ITS
I
$2,459 - Human I
Resources
N/A
N/A
Included in Tuition
Included in Tuition
N/A
N/A
$26,273 9-1-1
Communications
$12,507 ITS
$7,958 Human
Resources
$27,711
$46,738
Budget Prepared by: Debbie Maiors
Signature:
~.~~
EWT Contract 06-07
$0 I
7,261 - 9-1-1
Communications
$17, 991 - ITS
$2,459 - Human
Resources
N/A
Included in Tuition
N/A
N/A
$26,273 9-1-1
Communications
$12,507 ITS
$7,958 Human
Resources
$74,449
5
WClrk16rciJ'. ~ EIMtDf... ..... · it.
Allla:,:pe-"'l F'IfJRII)a
Whereas, the parties have made and executed this document on the respective
dates after each signature:
As to Business:
Print Name:
Signature:
Date:
Witness:
Signature:
Title:
Date:
(Print Name)
As to Workforce Alliance:
Print Name:
Signature:
Date:
Witness:
Signature:
Title:
Date:
Kathryn Schmidt, President and CEO
(Print Name)
Attachment 1.1
EWT Contract 06-07
6
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lMIV.W.....
Eligibility Item Adult/Dislocated Eligibility
Documentation Sources
. Signed Social Security Card
. Pay Stub
Social Security Number . Passport I
. Drivers License
i . W-2 Form
. IRS Form Letter
. Social Security Benefits Letter
. Documentation specified on the 1-9
Form
Citizenship, Authorization to Work . Alien Registration Card indicating right
to work
or Alien Status . Naturalization Certification
. U.S. Passport
. Foreign Passport Stamped Eligible to
Work
. Social Security Card ("Work Eligible")
. Birth Certificate
. Baptismal Recoid
-
. Selective Service Registration Card
Selective Service Registrant . Selective Service Website printout
(Applicable to males 18 years of age (http://www.ssS,Qoy)
and over who were born after . Selective Service Letter
12/31/1959) . Stamped Post Office Receipt of
Registration I
i
I
. Drivers License I
. Birth Certificate
. Passport I
. Government Issued ID Card
. Baptismal or Church Record
Proof of Birth Date/Age . School Records/ID Card
. Hospital Record of Birth
. Work Permit if date of birth is shown
. Tribal Records
Attachment 1.1
EWT Contract 06-07
7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM C.7.
Requested City Commission Date Final Fonn Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D December 5, 2006 November 20,2006 (Noon,) D
D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
~ February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board.
EXPLANATION: On January 18,2007, the South Central Regional Wastewater Treatment & Disposal Board held
its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now
before the City Commission for ratification. This City Commission ratification is the
confirmation process for the action taken by the S.C.R.W.T.D. Board.
PROGRAM IMPACT: None.
FISCAL IMPACT: None
AL TERNA TIVES: Not ratify their action
~
City Manager's Signature
l';71 LLr~/c
Department Name
Assistant to City Manager
~
~
~
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, RATIFYING THE ACTION
6 TAKEN BY THE SOUTH CENTRAL REGIONAL
7 W ASTEW A TER TREATMENT AND DISPOSAL
8 BOARD, ON JANUARY 18, 2007, AS STATED
9 HEREIN; AUTHORIZING AND DIRECTING
10 THE CITY MANAGER AND CITY CLERK TO
11 EXECUTE SAID AGREEMENT; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
16 (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of
17 January 18,2007, as set forth in the attached Exhibit "A".
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
20
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption.
22
Section 2.
The City Commission does hereby ratify the action taken by the South
23 Central Regional Wastewater Treatment & Disposal Board on January 18, 2007, as to the
24 following:
25 a. Authorization to approve Hazen and Sawyer's Consulting Services
26 Work Order No. 07-004 to provide engineering, permitting and
27 bidding services for the reclaimed water system expansion in the
28 amount of$597,920 to be split 50/50 from each City's Capital Fund.
29
30
31 b. Authorization to approve Hazen and Sawyer's Consulting Services
32 Work Order No. 07-003 to provide engineering, permitting, bidding
33 and construction phase services for construction and testing of deep
34 injection well in the amount of $363,900 to be split 50/50 from each
35 City's Capital Fund
S\CA\RESO\SCRWTDB Quarterly Meeting 1-18-07 Ratification doc
1
2
3
Section 3.
This Resolution shall take effect immediately upon passage.
4
PASSED AND ADOPTED this _ day of February, 2007.
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
CITY OF BOYNTON BEACH,
FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner- Carl McKoy
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESO\SCRWTDB Quarterly Meeting 1-18-07 Ratification doc
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
BOARD
City Council Members of
Boynton Beach & DeIray Beach
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
www.scrwwtp.org
~-)
FROM: Robert Hagel/Lori A. Osborn 1+0
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TO: Ms. Janet Prainito
CITY OF BOYNTON BEACH
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MEMORANDUM
DA TE: January 19, 2007
RE: RATIFICATIONS FOR SIGNATURE
Attached are two Ratifications from the Quarterly Annual Meeting of January 18, 2007 which
require signatures. Could you please place these on the Agenda for your next Commission
meeting?
When you have all the signatures, keep one signed copy of each for your files and return the
other executed Agreement back to us along with the signed Ratification.
Please contact me at 272-7061 or losborn@scrwwtp.orq when the Ratifications are executed.
Thank you.
BBMemoJanuary 19, 2007
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JANUARY 18, 2007, by a vote of 8-0, Authorization to approve Hazen
and Sawyer's Consulting Services Work Order No. 07-004 to provide
engineering, permitting, and bidding services for the reclaimed water
system expansion in the amount of $597,920 to be split SO/50 from each
City's Capital Funds.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:ldocslBdMtgsIRatifs\2006-2007\BoyntonRatif 01-18-07. doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JANUARY 18, 2007, by a vote of 8-0, Authorization to approve Hazen
and Sawyer's Consulting Services Work Order No. 07-003 to provide
engineering, permitting, bidding and construction phase services for
construction and testing of deep injection well in the amount of $363,900 to
be split SO/50 from each City's Capital Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of I by a vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:ldocslBdMtgsIRatifsI2006-2007IBoyntonRatif 01-18-07.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM C.8.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to C itv Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D
0 January 2, 2007 December IS, 2006 (Noon) D March 5,2007 February 12,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) D March 20,2007 March 5, 2007 (Noon)
~ February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
D Anno uncementslPresentations 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
RECOMMENDA TION: Staff recommends that the City Commission approve the following changes to the City of Boynton
Beach Job Title List:
I, Approve a revised job description (attached), in the Utilities Department for the new Engineer position (approved in the
FY 2006/2007 budget) as follows:
a. Engineer (PG 30) to Control Systems Engineer (PG30)
2. Approve two (2) revised job descriptions (attached) for Planning & Zoning as follows:
a. Occupational License Inspector (PG 12) to Business Inspector (PG 12)
b. Zoning & Licensing Manager (PG 24) to Manager, Zoning & Business Tax (PC 24)
3. Approve a revised job description (attached) for Assistant to Director PG 20 as follows:
a. Assistant to Director ofITS/GIS, (PG 20) to Assistant to Director (PG20)
b. Assistant to the Director ofRec. & Parks (PG20) to Assistant to Director (PG20)
4. Approve the upgrade of one (1) position in Fire Rescue as follows:
a. Administrative Assistant position, (PG 14) to Assistant to Director, (PC 20)
EXPLANATION:
I. The Control Systems Engineer, Utilities, job description requires a Bachelor of Science Degree in electrical, chemical or
control engineering, but does not require a Civil Engineer degree as the existing Engineer position requires. It also
requires experience in control systems.
2. The request to change the job descriptions in Planning & Zoning is consistent with City Ordinance 06-096 to amend all
reference to Occupational Licenses.
3. The request to change the Assistant to Director job description is recommended because it is more efficient to combine
job titles of job descriptions with similar responsibilities and duties. The reduction in the number of duplicate job
descriptions streamlines the maintenance and administration of job descriptions
4, The upgrade of (1) Administrative Assistant, pay grade 14, position in the Fire Department to assume the duties of
Assistant to Director, Grade 20 reporting to the Fire Chief will permit delegation of more complex tasks to the
incumbent.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT: More accurate job descriptions and the efficient utilization of position control to ensure consistency
of positions with similar responsibilities and duties throughout the City.
FISCAL IMPACT: There is no fiscal impact as a result of the upgrade in the Fire Department (Administrative Assistant to
an Assistant to Director) as the additional monies will be absorbed by funds saved during the four (4) - six (6) month period
in which the position was vacant during the 2006/2007 budget year. All other job description changes do not have a financial
impact as they remain the same pay grade.
ALTERNATIVES: Make no changes to the Engineer position and the job description will be inaccurate. Make no change
to the job descriptions in Planning & Zoning and they will not be consistent with City Ordinance 06-096 which amends all
references to Occupational Licenses. Make no change to the two (2) current Assistant to Director ofITS/GIS and Assistant to
Director of Recreation and Parks job descriptions. Create a third new job description for Assistant to Director in the Fire
Department, thus adding a third (3rd) title for positions with similar duties and res onsibilities.
p
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Assistant to City Manager
~
City Attorney 1 Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION R07 -
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 CITY OF BOYNTON BEACH JOB TITLE LIST; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, on January 17, 2006 the City Commission adopted Resolution 06-
13 030 approving the Classification and Compensation Study performed by MGT; and
14 WHEREAS, research has shown that more accurate job descriptions and the
15 efficient utilization of position control to ensure consistency of positions with similar
16 responsibilities and duties throughout the City.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
18 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22
23 hereby approve and adopt the following revisions to the City of Boynton Beach Job Title
24 List:
25 .
26 .
27 .
28 .
29 .
30
31 .
32
Engineer (Utilities) to Control Systems Engineer (Utilities)
Assistant to Director of ITS/GIS to Assistant to Director
Occupational License Inspector to Business Inspector
Zoning & Licensing Manager to Manager, Zoning & Business Tax
Assistant to the Director of Recreation and Parks to Assistant to
Director
Administrative Assistant position (Fire Department) to Assistant to
Director
S:\CA \RESO\Employment Matters\2006 Pay plan revisions (021307)(rev).doc
2
Section 3.
This Resolution will become effective immediately upon passage.
3 PASSED AND ADOPTED this _ day of February, 2007.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9 Mayor ~- Jerry Taylor
10
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16
17 Commissioner - Ronald Weiland
18
19
20
21 Commissioner - Mack McCray
22
23 ATTEST:
24
25 Commissioner - Carl McKoy
26
27 Janet Prainito, City Clerk
28
29
30
31 (Corporate Seal)
32
S:\CA\RESO,Employmcnt Matters\200(J Pay plan revisions (021307)(rcv).doc
Class Code
Grade: G30
FLSA:E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
CONTROL SYSTEMS ENGINEER, UTILITIES
PURPOSE OF CLASSIFICATION
The purpose of this classification is to manage the control systems issues of the Utilities Department.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties
does not exclude them from the classification if the work is similar, related, or a logical assignment
for this classification. Other duties may be required and assigned.
This position reports to the Deputy Director, Utilities for Operations and Maintenance.
Specific responsibilities include:
Assisting with the selection of control hardware and software to ensure adherence to the City's
overall asset management strategy.
Directing the installation of control equipment either as part of a major project or as manager of a
control project.
Developing and maintaining control system standards such as Tag Naming, HMI Screen definition,
Alarming, and the collection of online measurement data in a central Historian.
Programming PLC's and SCADA systems both within the plant and at all remote pumping, storage
or other utility systems, and maintaining up to date copies and/or records of all control algorithms and
programs.
Training both the electrical and instrument & control maintenance staff in the installation, calibration
and planned maintenance of all online control equipment.
Ensuring that all control systems are providing and/or receiving all appropriate information from other
elements of the asset management system, in particular the computerized maintenance
management system (CMMS) and the laboratory information management system (L1MS).
Supervises, assigned staff, processing employee concerns and problems, directing work; interviews
candidates for employment and makes hiring recommendations; coordinates training activities.
Coordinates department work activities in the specific area of operation; organizes and prioritizes workload;
makes work assignments; monitors status of work in progress; inspects completed work; troubleshoots
problem situations.
Page 1
Created: January 2007
City of Boynton Beach, Florida. Control Systems Engineer, Utilities
Ensures departmental compliance with all applicable codes, laws, rules, regulations, standards, policies and
procedures; ensures adherence to established safety procedures; initiates any actions necessary to correct
deviations or violations.
Consults with assigned staff to review work requirements, status of work, and problems; assists with complex
or problem situations; provides direction, advice, and technical expertise
Consults with Division Managers, Deputy Director, Director and other officials as needed to review activities.
Provides recommendations, resolve problems, and receive advice/direction
Coordinates work activities with those of other departments, contractors, consultants, outside agencies, or
others as needed. Ensures close cooperation with the ITS Department to ensure that all control systems
meet appropriate standards.
Oversees plan review, permitting, inspection of new construction; reviews plans for utility improvement
projects; manages construction projects; and prepares project construction schedules.
Coordinates procurement of equipment and contracted services; researches new products, systems, and
materials; obtains pricing from contractors and suppliers; prepares specifications for materials, equipment,
and services; writes, prepares, and reviews bid documents/specifications; recommends award of contracts;
ensures contract compliance for all contracts and specifications.
Compiles or monitors various administrative and statistical data pertaining to departmental operations;
performs research as needed; makes applicable calculations; analyzes data and identifies trends; prepares
or generates reports; maintains records.
Prepares or completes various forms, reports, correspondence, plant operational reports, regulatory reports,
change orders, specifications, permit applications, budget documents, performance appraisals, agenda
items, or other documents.
Receives various forms, reports, correspondence, requisitions, purchase orders, invoices, budget reports,
equipment submittals, payroll sheets, vehicle maintenance requests, accident reports, operations reports,
regulatory reports, production reports, quality analysis reports, engineering reports, contract documents,
construction documents, engineering plans, electrical drawings, blueprints, specifications, master plans,
comprehensive plans, union agreements, codes, regulations, standards, manuals, maps, reference
materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate.
Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet,
database, project management, e-mail, or other software programs.
Communicates via telephone and/or mo-way radio; provides information, guidance, and assistance; takes
and relays messages.
Responds to complaints and questions related to department operations; provides information, researches
problems, and initiates problem resolution.
Communicates with Deputy Director, Director, employees, other departments, engineers, developers,
contractors, consultants, inspectors, regulatory agencies, vendors, customers, the public, outside agencies,
and other individuals as needed to coordinate work activities, review status of work, exchange information,
resolve problems, or give/receive advice/direction.
Attends City Commission meetings or other meetings; serves on committees as needed; gives speeches or
presentations.
Page 2
Created January 2007
City of Boynton Beach, Florida. Control Systems Engineer, Utilities
Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of
new trends and advances in the profession; reads professional literature; maintains professional affiliations;
attends workshops and training sessions as appropriate.
ADDITIONAL FUNCTIONS
Operates a motor vehicle to conduct work activities.
Performs clerical tasks, which may include answering the telephone and recording messages,
sending/receiving faxed documents, or copying documents.
Provides assistance or coverage to other employees as needed.
Performs other related duties as required.
MINIMUM QUALIFICATIONS
Bachelor's degree in electrical, chemical or control engineering, or closely related field; supplemented by six
years of experience that includes utility plant or general process control operations, control engineering,
construction/design, and plan review; or any equivalent combination of education, training, and experience
which provides the requisite knowledge, skills, and abilities for this job. Experience in the implementation of
either DCS or SCADA control systems required. Must possess and maintain a valid Florida driver's license.
Possession of Professional Engineering License (P.E.) is preferred.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising
judgment in determining time, place and/or sequence of operations, referencing data analyses to
determine necessity for revision of organizational components, and in the formulation of operational
strategy.
Human Interaction: Requires the ability to function in a managerial capacity for a division or
organizational unit. Includes the ability to make decisions on procedural and technical levels.
Equipment, Machinery, Tools. and Materials Utilization: Requires the ability to operate, maneuver
and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential
functions.
Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information, as well as
reference, descriptive and/or design data and information as applicable.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division;
ability to calculate decimals and percentages; may include ability to perform mathematical operations with
fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may
include ability to calculate surface areas, volumes, weights, and measures.
Page 3
Created: January 2007
City of Boynton Beach, Florida. Control Systems Engineer, Utilities
Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with
several concrete and abstract variables; and to analyze major problems that require complex planning for
interrelated activities that can span one or several work units
Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations
involving the direction, control and planning of an entire program or set of programs.
ADA COMPLIANCE
phvsical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work, but which
may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10
pounds). Tasks may involve extended periods of time at a keyboard or work station.
Sensory Reauirements: Some tasks require the ability to perceive and discriminate colors or shades of
colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to
communicate orally.
Environmental Factors: Performance of essential functions may require exposure to adverse
environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature
and noise extremes, machinery, vibrations, electric currents, traffic hazards, toxic agents, disease, or
pathogenic substances.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans
with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities
and encourages both prospective and current employees to discuss potential accommodations with the
employer.
Page 4
Created: January 2007
Class Code 26202
Grade: 12
FLSA:N
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: BUSINESS INSPECTOR
PURPOSE OF CLASSIFICATION
The purpose of this classification is to enforce applicable federal, state, and local codes and ordinances,
respond to complaints, issue citations, and prosecute cases for non-compliance.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties
does not exclude them from the classification if the work is similar, related, or a logical assignment
for this classification. Other duties may be required and assigned.
Interprets and enforces the provisions of applicable federal, state, and local codes, ordinances, laws, rules,
regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or
violations.
Canvasses the city for new businesses or activities subject to business tax. Performs daily life safety
inspections of locations for new business applicants which is a requirement prior to obtaining a business tax
receipt.
Verifies discrepancies found on affidavits submitted by business owners when their tax is dependent upon
the requested information.
Performs status checks on delinquent accounts to ensure that businesses are in compliance.
Issues notices of delinquent tax due and citations for non-compliance of city code of ordinances, Chapter 13
and Chapter 20.5 of Florida Statutes.
Responds to complaints and questions concerning code violations and code enforcement issues; provides
information and technical assistance; researches problems and initiates problem resolution; discusses
problem areas with property owners, property managers, and contractors; mediates disputes between
neighbors.
Prepares or completes various forms, reports, correspondence, logs, citations, violation notices, warning
notices, maps, or other documents.
Operates a computer to enter, retrieve, review or modify data; utilizes word processing, database, or other
software programs.
Operates a variety of equipment and tools associated with the position.
Follows safety procedures, utilizes safety equipment, and monitors work environment to ensure safety of
employees and other individuals.
Page 1
Last Revised: January 2007
City of Boynton Beach, Florida -Business Inspector
26202
Communicates via telephone and/or two-way radio; provides information and assistance; takes and relays
messages; responds to requests for service or assistance.
Communicates with supervisor, employees, other departments, city officials, government agencies, property
owners, property managers, business owners, contractors, realtors, attorneys, homeowner associations, the
public, outside agencies, and other individuals as needed to coordinate work activities, review status of
work, exchange information, or resolve problems.
Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of
new trends and advances in the profession; reads professional literature; maintains professional affiliations;
attends workshops and training sessions as appropriate.
ADDITIONAL FUNCTIONS
Performs other related duties as required.
MINIMUM QUALIFICATIONS
High school diploma or GED; supplemented by three (3) years previous experience and/or training involving
customer service, building construction, building inspection, or code enforcement; or any equivalent
combination of education, training, and experience which provides the requisite knowledge, skills, and
abilities for this job. Must possess and maintain valid Florida Association of Code Enforcement Level I
Certification. Must possess and maintain a valid Florida driver's license.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data.
Includes exercising discretion in determining data classification, and in referencing such analysis to
established standards for the purpose of recognizing actual or probable interactive effects and
relationships.
Human Interaction: Requires the ability to provide guidance, assistance, and/or interpretation to others
regarding the application of procedures and standards to specific situations.
EQuipment, Machinery, Tools. and Materials Utilization: Requires the ability to operate, maneuver
and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential
functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and
information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division.
Functional ReasoninQ: Requires the ability to carry out instructions furnished in written, oral, or
diagrammatic form. Involves semi-routine standardized work with some latitude for independent
judgment concerning choices of action.
Situational ReasoninQ: Requires the ability to exercise judgment, decisiveness and creativity in
situations involving evaluation of information against measurable or verifiable criteria.
Page 2
Last Revised: January 2007
City of Boynton Beach, Florida .Business Inspector
26202
ADA COMPLIANCE
Phvsical Abilitv: Tasks require the ability to exert moderate, though not constant physical effort, typically
involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and
which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate
weight (12-20 pounds).
Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of
colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to
communicate orally.
Environmental Factors: Performance of essential functions may require exposure to adverse
environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature
and noise extremes, bright/dim light, machinery, traffic hazards, toxic agents, violence, disease,
pathogenic substances, or animal attacks.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans
with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities
and encourages both prospective and current employees to discuss potential accommodations with the
employer.
Page 3
Last Revised: January 2007
Class Code 24069
Grade: 24
FLSA:E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: MANAGER, ZONING AND BUSINESS TAX
PURPOSE OF CLASSIFICATION
The purpose of this classification is to perform professional administrative work at the managerial level
overseeing the daily operations of the Planning and Zoning Business Tax Division and permit plan review.
Directs the business tax process; provides interpretation of zoning information, as well as related code
regulations. Supervises subordinate staff and performs administrative and management functions
including personnel administration, budgeting, and operations management
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties
does not exclude them from the classification if the work is similar, related, or a logical assignment
for this classification. Other duties may be required and assigned.
Supervises assigned staff; oversees and directs daily work operations; instructs, assigns and reviews
work; maintains standards through the effective coordination of activities; allocates personnel; acts on
employee problems; provides recommendations involving selection, transfers, promotions, and
disciplinary action: conducts employee evaluations: conducts staff meetings; administers the City's
personnel policy, collective bargaining agreements and administrative policy; sets performance standards
and position responsibilities for staff; sets operational policy for the division.
Provides direction to staff, other departments, business applicants and receipt holders, and the general
public, on property zoning, use, business tax regulations, applicability and outside agency requirements;
provides interpretation of city and State code regulations to staff members and the public.
Performs various tasks involving zoning issues and questions; reviews and assists staff with permit
related zoning questions: assists the public with zoning questions; prepares zoning verification
correspondence.
Performs related administrative tasks to support the daily and overall operations of the business tax
division and Planning and Zoning Department; complies and prepares the business tax division budget:
oversees budgetary spending and authorizes expenditures for that division ensuring compliance with
established budgetary guidelines; prepares, completes and reviews reports related to planning, zoning,
business tax, and permit issues
Interacts with business tax receipt applicants during the application process; assists in conducting pre-
application meetings for the public, developers, and merchants for both zoning and business tax issues;
analyzes business tax receipt applications to determine legality, physical location of proposed use,
verifies zoning, researches prior use; provides interpretation of code regulations; conducts business site
inspections to determine use.
Page 1
Last Revised: January 2007
24069
Coordinates the renewal process; oversees processing, approval and issuance of business tax receipts in
conjunction with other departments.
Interacts with various individuals and groups involved in the licensing process; meets with various City
inspectors for case analysis; meets with superiors to analyze various business tax issues.
Prepares reports, correspondence, memorandums, and e-mail concerning business tax and zoning
policies, procedures, and regulations; writes and interprets parcel legal descriptions; reviews existing
codes for compatibility with State laws: recommends changes to city ordinances.
Researches information from the State, County, adjacent municipalities and other agencies to determine
relevance; conducts special studies and research involving uses, zoning, local, State, or Federal laws
applicable to the City; interprets the provisions of applicable local, State, Federal and other regulating
agency requirements and standards.
Researches and prepares Commission Agenda items related to business tax and zoning issues for City
Commission review/approval.
Maintains the City zoning and business tax data layers in GIS; prepares maps and analytical reports from
GIS.
ADDITIONAL FUNCTIONS
Participates and represents the City at local governmental meetings to discuss zoning and business tax
issues; attends various meetings and conferences as required; participates in professional organizations;
works with other cities/counties in compiling cases and laws supporting state statues and local laws and
ordinances.
Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet,
database, desktop publishing, or other software programs.
Communicates via telephone and/or two-way radio; provides information and assistance; takes and
relays messages; responds to requests for service or assistance.
Attends meetings; serves on committees as needed; makes speeches or presentations.
Performs other related duties as required.
MINIMUM QUALIFICATIONS
Bachelor's degree in planning, public administration, general studies, geography, or related field with
three to five years experience at the supervisory level with the ability to read, interpret analyze and
administer City, State, County and other agency codes, policies and regulations; interpret create, review
and process maps, graphics, legal descriptions; manage a division; possess knowledge and experience
dealing with zoning; and/or training that includes governmental licensing, taxation; or any equivalent
combination of education, training, and experience which provides the requisite knowledge, skills, and
abilities for this job. Requires certification in ARCGIS 8 to create and maintain maps.
Page 2
Last Revised: January 2007
City of Boynton Beach, Florida' Manager, Zoning and Business Tax
24069
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established
criteria. Includes exercising discretion in determining actual or probable consequences and in referencing
such evaluation to identify and select alternatives.
Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate
supervisors.
EQuipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver
and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential
functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory
data and information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division;
the ability to calculate decimals and percentages; ability to perform mathematical operations involving
basic algebraic principles and formulas, and basic geometric principles and calculations. Ability to read
and write real property legal descriptions.
Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation,
incentive, and leadership, and to exercise independent judgment to apply facts and principles for
developing approaches and techniques to resolve problems.
Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in
situations involving evaluation of information against measurable or verifiable criteria.
ADA COMPLIANCE
phvsical Ability: Tasks require the ability to exert moderate, though not constant physical effort, typically
involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and
which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate
weight (12-20 pounds). Tasks may involve extended periods of time at a keyboard or work station.
Sensory ReQuirements: Some tasks require the ability to perceive and discriminate visual cues or
signals. Some tasks require the ability to communicate orally.
Environmental Factors: Performance of essential functions may require exposure to adverse
environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, smoke,
temperature and noise extremes, hazardous materials, machinery, vibrations, electric currents, traffic
hazards, bright/dim lights, animal/wildlife attacks, animal/human bites, water hazards, violence, disease,
rude/irate customers, bright/dim light, or electric currents.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans
with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities
and encourages both prospective and current employees to discuss potential accommodations with the
employer
Page 3
Last Revised: January 2007
Class Code
Grade: 20
FLSA:E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: ASSISTANT TO DIRECTOR
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide administrative and financial support to a Department Director.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties
does not exclude them from the classification if the work is similar, related, or a logical assignment
for this classification. Other duties may be required and assigned.
Processes a variety of documentation associated with department operations, per established procedures
and within designated timeframes; distributes documentation or retains records as appropriate.
Coordinates budget activities; compiles, prepares and presents division, group, and overall department
budgets for operating expenses, capital expenditures, personnel requests, and vehicle requests; analyzes
department salaries; reviews/analyzes general ledgers of each division; analyzes budget to actual
expenditures for quarterly reports; develops, modifies, and maintains department's financial model.
Provides administrative and financial support to department director; receives/greets visitors; maintains
director's appointment calendar; coordinates meetings; uses word processing program to type, design, and
generate reports, correspondence, and graphic presentations; performs follow-up on and tracks status of
director's correspondence; advises director on administrative/financial procedures; provides feedback on
human resources issues.
Processes various financial documentation; may prepare or verifies/approves payroll for all divisions;
monitors daily attendance; approves requests for vacation, leave, and training; approves supply requisitions;
solicits price quotes; verifies/approves accounts payable check requests.
Performs administrative and financial functions relating to overall department operations; assists
division/group managers with administrative issues; coordinates departmental administrative staff and
resources; reviews/revises department policies; administers City personnel policies; assists in recruiting and
screening applicants for employment; modifies and maintains departmental organizational charts; maintains
vehicle maintenance records; records/transcribes meeting minutes; reviews and re-designs various forms
used within the department; and processes requests for public records.
Conducts special projects and performs project management, as assigned by director.
Prepares or completes various forms, reports, correspondence, budgets, budget requests, variance reports,
payroll documents, project reports, organizational charts, flow charts, agendas, meeting minutes, training
materials, presentation materials, graphs, or other documents.
Receives various forms, reports, correspondence, vehicle maintenance reports, general ledger detail reports,
employment applications, resumes, check requests, personnel authorizations, supply requisitions, public
Page 1
Created: January, 2007
1/24/2007; 4:15:28 PM; S:\HR Policies and Procedures\ Class Specifications\Draft Class Specifications\Asst to the Director
City of Bo nton Beach, Florida. Assistant to Director
Human Interaction Requires the ability to provide guidance, assistance, and/or interpretation to others
regarding the application of procedures and standards to specific situations.
Equipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver
and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential
functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and
information
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division;
the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability
to interpret graphs.
Functional Reasoning: Requires the ability to carry out instructions furnished in written, oral, or
diagrammatic form. Involves semi-routine standardized work with some latitude for independent judgment
concerning choices of action.
Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations
involving a variety of generally pre-defined duties, which are often characterized by frequent change.
ADA COMPLIANCE
phvsical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which
may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10
pounds). Tasks may involve extended periods of time at a keyboard or workstation
Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues
or signals. Some tasks require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse
environmental conditions.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans
with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities
and encourages both prospective and current employees to discuss potential accommodations with the
employer.
Created: January, 2007
Page 3
The City of
Boynton Beach FL
William L. Bingham
Boynton Beach Fire Rescue Department
lOO E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Phone: (56l) 742-633l
FAX: (56l) 742-6334
E-mail: binghamw@ci.boynton-beach.jl.us
www.bbfrd.org
January 22, 2007
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Sharyn Goebelt
Human Resource Director
Dear Sharyn,
I respectfully request that the position recently vacated by Yvonne Westerman,
Administrative Assistant be upgraded to the position of Assistant to the Director. Over
the next few years, as a result of a staff employee currently in the DROP program, I have
an opportunity to make an adjustment to various staff functions that I feel will provide a
more efficient organization. This can be done through attrition, without adversely
impacting any current employee, and ultimately reducing total employee salary cost
within the next few years.
This issue has been discussed with the City Manager Bressner and he concurs. Any cost
associated with this change for the FY2006-07 budget will be absorbed by funds saved by
the four-six gap period during which this position was vacant. I am requesting no
additional salary funding.
cc. Mr. Kurt Bressner
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR
VI.-CONSENT AGENDA
ITEM C.g
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5,2006 November 20,2006 (Noon.) D
D January 2, 2007 December IS, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
r8J February 13,2007 January 22,2007 D April 3, 2007 March 19,2007 (Noon)
D Announcements/Presentations 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 0
RECOMMENDATION: Authorization to enter into an interlocal agreement with funding in the amount of $300,000 with
Palm Beach County as a partner to implement the Youth Violence Prevention Project (YVPP) in a targeted area of the City of
Boynton Beach.
EXPLANATION: The Palm Beach County Board of County Commission allocated $2 million for the development of a
YVPP to support five municipalities at greatest risk for future violence. The City of Boynton Beach was one of the five
municipalities identified through research conducted by Florida State University College of Criminology and Criminal
Justice. The purpose of the YVPP is to develop a comprehensive strategy and implementation plan to prevent and combat
youth violence in target areas. The City of Boynton Beach submitted a proposal (see Exhibit A) to the CJ C on October 31,
2006 to establish a YVPP in the geographical area outlined as 1-95 to the West, Federal Highway to the East, Miner Road to
the North, and Woolbright Road to the South. The proposal outlines a 7-step strategy development and implementation
process which will be overseen by a diverse Steering Committee consisting of key policy and administrative leaders of the
City, community organizations and community leaders concerned with the youth violence problem in the City of Boynton
Beach. The project will also establish a Teen Council consisting of the youth/teens residing in the City of Boynton Beach that
will serve as a forum for youth/teen voices and a sub-committee of the Steering Committee. Program services will be
provided through various city facilities; Hester Center, Wilson Center, Art Center, Madsen Center, and Library. The Hester
Center will temporarily serve as a Youth Empowerment Center until the Wilson Center construction is complete. Programs
such as after-school activities, mentoring, job training, parenting classes, employment services, tutorial assistance, life skills,
cultural diversity training, health, recreation, transportation, and community outreach will be delivered under this initiative.
PROGRAM IMPACT: Awarded funding will support the creation of three professional staff positions, YVPP Coordinator,
Teen Project Specialist and an Administrative Assistant. These positions are critical to maintaining continuity and
consistency of the project and day-to-day operations. Funds also support internal administrative program costs and sub-grant
awards to community organizations that are currently providing essential youth prevention and intervention services to the
target area. This YYPP is a comprehensive strategy to reduce crime and revitalize neighborhoods. The YVPP will operate
under the auspices of Neighborhood Services.
FISCAL IMPACT: (Include Account Number where funds will come from) According to CJC it is intended that funding
for YVPP will be maintained for three (3) years. This agreement commences February 27,2007 and terminates September 30,
2007. The City will renew is funding application annually; however future funding requests will increase as the current award
accounts for only 60% of the YVPP operations. The City is contributing an estimated $500,000 in in-kind costs to the YVPP.
ALTERNATIVES: Not to enter into the project agreement and forfeit the grant award.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~~
City Manager's Signatu\e
Assistant to City Manager ~
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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RESOLUTION R07-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING EXECUTION OF
AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY FOR FUNDING IN THE AMOUNT OF
$300,000.00 TO ESTABLISH A YOUTH VIOLENCE
PREVENTION PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Palm Beach County Board of County Commissioners directed the
Criminal Justice Commission to develop a Youth Violence Prevention Program which
would address the increase in violent firearms crimes; and
15 WHEREAS, in September, 2006, the Board of County Commissioners approved
16 funding to support five (5) municipalities at greatest risk for future violence in the amount of
17 $2,000,000.00 for the development of a Youth Violence Prevention Program; and
18 WHEREAS, the City of Boynton Beach was one of the five (5) municipalities
19 identified through research conducted by Florida State University College pf Criminology
20 and Criminal Justice; and
21 WHEREAS, awarded funding will support the creation of three professional staff
22 positions which are critical to maintaining continuity and consistency of the project and day
23 to day operations; and
24 WHEREAS, the City Commission of the City of Boynton Beach upon
25 recommendation of staff, deems it to be in the best interest of the citizens of the City of
26 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County
27 for funding in the amount of $300,000.00 to implement the Youth Violence Prevention
28 Program in the City of Boynton Beach.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
S:\CA\RESO\Agreements\lnterlocalsIlLA with PBC for YVPP.doc
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
3 being true and correct and are hereby made a specific part of this Resolution upon adoption
4 hereof.
5
Section 2.
Upon recommendation of staff, this Commission does hereby
6 authorize execution of this Interlocal Agreement between the City of Boynton Beach and
7 Palm Beach County for funding in the amount of $300,000.00 to implement the Youth
8 Violence Prevention Program in the City of Boynton Beach, a copy of said Agreement is
9 attached hereto and made a part hereof as Exhibit "A".
10
Section 3.
That this Resolution shall become effective immediately upon
11 passage.
12 PASSED AND ADOPTED this _ day of February, 2007.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor -- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
Commissioner - Carl McKoy
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for YVPP.doc
INTERLOCAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS,
PALM BEACH COUNTY, FLORIDA, AND
THE CITY OF BOYNTON BEACH, FLORIDA
THIS INTERLOCAL AGREEMENT is made the twenty-seventh day of February, 2007
by and between the Board of County Commissioners, Palm Beach County, a political
subdivision of the State of Florida, Florida (herein referred to as the "COUNTY"), and
the City of Boynton Beach, a municipality located in Palm Beach County, Florida (herein
referred to as the "CITY"), each one constituting a public agency as defined in Part I of
Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS, Section 163.01 of the Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," authorizes local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage and thereby to provide services and facilities in a manner
and pursuant to forms of governmental organization that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as
defined therein to enter into interlocal agreements with each other to exercise jointly any
power, privilege, or authority which such agencies share in common and which each
might exercise separately; and
WHEREAS, February 15, 2005, the Board of County Commissioners (BCC) directed the
Criminal Justice Commission (CJC) to develop a Youth Violence Prevention Project
which would address the increase in violent firearms crimes; and
WHEREAS, the purpose of the Youth Violence Prevention Project is to develop a
comprehensive strategy including the four components of the criminal justice system
and implementation plan to prevent and combat gun related youth violence in targeted
areas of Palm Beach County; and
WHEREAS, Florida State University College of Criminology and Criminal Justice
aggregated the data, and identified programs around the country considered to be the
most effective and GIS mapping identified the five areas of greatest concern as Riviera
Beach, Boynton Beach, Lake Worth, Boynton Beach, and Belle Glade; and
WHEREAS, four subcommittees, crime prevention, law enforcement, courts and
corrections, developed the comprehensive plan for countywide strategies and programs
for the targeted areas; and
WHEREAS, on September 21, 2006 the BCC approved funding in the amount of
$2,000,000 to initiate partnerships with the cities to implement the Youth Violence
Prevention Project; and
Page 1 of 5 Pages
WHEREAS, the COUNTY, will reimburse the CITY for the expenses outlined in the
Budget Narrative in Exhibit "A", up to the amount of $300,000 from February 27, 2007
through September 30, 2007 for the Youth Violence Prevention Project set forth in
Exhibit "B". A copy of the budget is attached as Exhibit "B" and by this reference
incorporated herein; and
WHEREAS the CITY will provide services and expenditures in the targeted areas as set
forth in Exhibits "A" and "B"; and
NOW, THEREFORE, in consideration of the mutual representations, terms and
covenants hereinafter set forth, the parties hereto agree as follows:
SECTION 1. PURPOSE and PAYMENT
The CITY agrees that it shall implement a Youth Violence Prevention Project in
partnership with the COUNTY and adhering to the concepts proposed by the CJC and
approved by the BCC, outlined in the Youth Violence Prevention Project Implementation
Plan in Exhibit "E". The COUNTY agrees to reimburse the CITY for the expenses in
Exhibit "B" for the Program in a total amount not to exceed $300,000 which payment
shall constitute the entire financial obligation on behalf of the COU NTY for the period
commencing on February 27, 2007 and terminating on September 30, 2007 as
contained in Exhibit "B" incorporated herein by reference.
SECTION 2. REPRESENT A TIVE/MONITORING POSITION
The COUNTY'S representative/contract monitor during the term of this Agreement shall
be Rebecca Walker, whose telephone number is (561) 355-1739.
The CITY'S representative/contract monitor during the term of this Agreement shall be
Regenia H, Scott, whose telephone number is (561) 742- 6028.
SECTION 3. EFFECTIVE DATE/TERMINATION
This Agreement shall take effect upon execution and shall continue in full force and
effect up to and including September 30, 2007 unless otherwise terminated as provided
herein.
SECTION 4. RESPONSIBILITIES AND DUTIES
The CITY agrees to: provide services in accordance with the Youth Violence Prevention
Project Implementation Plan delineated in Exhibit "E",
The CITY agrees to: continue to sustain the Youth Violence Prevention Project as
outlined in the Implementation Plan delineated in Exhibit "E",
SECTION 5. PAYMENTS/INVOICING AND REIMBURSEMENT
The CITY shall submit monthly programmatic reports (Exhibit "C") and invoices (Exhibit
"0") to the COUNTY which will include a reference to this Agreement, identify the
project and identify the amount due and payable to the CITY, as well as confirmation of
the city's expenditures for the Project. Invoices shall be itemized in sufficient detail for
prepayment audit thereof. The CITY shall supply any further documentation deemed
necessary by the COUNTY, including detailed data for the purposes of evaluation of the
Page 2 of 5 Pages
project. Invoices received from the CITY will be reviewed and approved by the staff of
the COUNTY'S CJC, indicating that expenditure has been made in conformity with this
Agreement and then will be sent to the COUNTY's Finance Department for final
approval and payment. Invoices will normally be paid within thirty (30) days following
approval.
SECTION 6. ACCESS AND AUDITS
The CITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in performing the work for at least three (3) years after completion of the
projects. The COUNTY shall have access to all books, records and documents as
required in this section for the purpose of inspection or audit during normal business
hours.
SECTION 7. BREACH/OPPORTUNITY TO CURE
The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in
default thirty (30) days written notice to cure said default before exercising any of its
rights as provided for in this Agreement.
SECTION 8. TERMINATION
This Agreement may be terminated by either party to this Agreement upon sixty (60)
days written notice to the other party.
SECTION 9. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the
respective parties, however, this clause pertains only to the parties to this Agreement.
SECTION 10. NOTICE AND CONTACT
All notices provided under or pursuant to the Agreement shall be in writing, delivered
either by hand or by first class, certified mail, return receipt requested, to the
representatives identified below at the address set forth below.
For the COUNTY:
Rebecca Walker
Youth Violence Prevention Planning Coordinator
Criminal Justice Commission
301 N. Olive Ave., Suite 1001
Boynton Beach, Florida 33401
With a copy to:
Palm Beach County Board of County Commissioners
Dawn Wynn, Assistant County Attorney
301 North Olive Avenue
Boynton Beach, FL 33401
For the CITY:
Regenia H. Scott, Neighborhood Services
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Page 3 of 5 Pages
SECTION 11. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the officers of the COUNTY and CITY.
SECTION 12. FILING
A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm
Beach County.
SECTION13. LIABILITY
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of sovereign immunity by
either party, pursuant to Section 768.28, Florida Statutes.
SECTION 14. REMEDIES
This Agreement shall be construed by and governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof.
SECTION 15. EQUAL OPPORTUNITY PROVISION
The COUNTY and the CITY agree that no person shall, on the grounds of race, color,
sex, national origin, disability, religion, ancestry, marital status or sexual orientation be
excluded from the benefits of, or be subjected to, any form of discrimination under any
activity carried out by the performance of this Agreement.
SECTION 16. INSURANCE BY CITY OF BOYNTON BEACH
Without waiving the right to sovereign immunity as provided by s.768.28 F.S., CITY
acknowledges to be self-insured for General Liability and Automobile Liability under
Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and
$200,000 Per Occurrence; or such monetary waiver limits that may change and be set
forth by the legislature.
In the event CITY maintains third-party Commercial General Liability and Business Auto
Liability in lieu of exclusive reliance of self-insurance under s.768.28 F.S., CITY shall
agree to maintain said insurance policies at limits not less than $500,000 combined
single limit for bodily injury or property damage.
The CITY agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statute 440.
When requested, CITY shall provide an affidavit or Certificate of Insurance evidencing
insurance, self-insurance and/or sovereign immunity status, which the COUNTY agrees
to recognize as acceptable for the above mentioned coverages. Compliance with the
Page 4 of 5 Pages
foregoing requirements shall not relieve the CITY of its liability and obligations under
this Interlocal Agreement.
Section 17. CAPTIONS
The captions and section designations herein set forth are for convenience only and
shall have no substantive meaning.
Section 18. SEVERABILITY
In the event that any section, paragraph, sentence, clause, or provision hereof be held
by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
SECTION 19. ENTIRETY OF AGREEMENT
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, written or oral,
relating to this Agreement.
ATTEST:
Sharon R. Bock, Clerk and Comptroller
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
Addie L. Greene, Chairperson
(SEAL)
WITNESSES:
CITY: Boynton Beach, FL
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By:
County Attorney
By:
L. Diana Cunningham, Executive Director
Criminal Justice Commission
Page 5 of 5 Pages
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Exhibit B
City of Boynton Beach Youth Violence Prevention Project
For Palm Beach County Criminal Justice Commission
Proposed Budget for Year Ending: September 2007
A. Salaries
Position % of
Annual
Detailed BudQet NarrativelWorksheet
(Revised 12/20/06)
Dates
# of
Salary Per % of Tot.
Time Salarv From To Pay Per. Pay Period Salarv Amount Total
YVPP 100 $44,235.00 3/12/07 9/30/07 14 $1,701.35 54 $23,819.00 $23,819.00
Coordinator
Teen Program 100 $38,849.00 4/16/07 9/30/07 11 $1,494.20 43 $16,436.00 $16,436.00
Coordinator
Administrative 100 $34,812.00 3/19/07 9/30/07 14 $1,338.93 54 $18,745.00 $18,745.00
Assistant
Total: $59,000.00
B. Employee Benefits
The computation is based on FICA rate (7.65%), pension rate (12.91%), health premiums ($5,500 each),
unemployment and workers compensation rate by position classification. YVPP Coordinator
unemployment and worker's compensation rate figured at .1676% and Teen Program Coordinator and
Teen Program Assistant are at 2.7355%.
C
f
PositIOn amp uta IOn Cost
Position 1: YVPP Coordinator See above $8,858.00
Position 2: Teen Program Coordinator See above $6,835.00
Position 4: Administrative Assistant See above $7,111.00
Total: $22,804.00
C. Travel
Conference/Reaistra tion/Tra vel
Pur ose of Travel Location
T & T 2: National Conference TBD
on Preventing Crime in the
Black Communit
TBD
TBD
TBD
D. Communications
Item
Cellular Phones to support field work,
program planning and direct access to
contact information.
Detail Budget Worksheet
City of Boynton Beach YVPP
2006-2007 Application for Funding
Item
Hotel
Com utation Cost
14 people x $125 per night $5,250.00
x 3 nights
Per Diem
$2,240.00
Vehicle Rental
$200.00
$2,100.00
Registration Fees
Total: $10,125.00
Com utation
$100 per month x 7 months 0 (Blackberry for YVPP
Coord)
$100 per month x 5 months (Blackberry for Teen
Coord
Up to 10 packages at $15 each
Cost
$700.00
$500.00
$150.00
Total: 1,350.00
1
Exhibit B
E. Printing & Supplies
Item Computation Cost
Office Supplies (paper, pens, folders, $200 month x 7 months $1,400.00
etc.)
Program Supplies (computer software, $200 month x 7 months $1,400.00
and qames" crafts, etc.)
Printing & Publications (brochures, Avg. $1.25 per item piece x @ 4,000 item pieces $5,000.00
flyers, newsletters, etc.)
Total: $7,800.00
F. Food Service
Item Computation Cost
Refreshments for Community Meetings Approx. $200 per event x 1 5 events and $3,000.00
and Special Events (Youth Council special event activities
meeting and activities, community
meetinqs, youth rallies/forums, etc.)
Total: $3,000.00
G. Other
1. Buildina Maintenance
Pur: ose
Janitorial and minor repair costs
associated with buildin usa e
Com utation
$292.00 x 6 months
Cost
$1,752.00
Total: $1,752.00
2. Equipment Rental & Maintenance
Item
Co ier Lease
Cost
$1,169.00
Total: $1,169.00
3. Membership Dues
Item
National Crime Prevention membershi
Youth Service America
Com utation
overnment membershi
overnment membershi
Cost
$100.00
$400.00
Total: $500.00
4. Trainina & Developments
Item
Staff/Board participation In Local Workshops and
Seminars relative to YVPP Program
Development, Professional Development,
Strate ic Plannin ,Communit En a ement, etc.
Com utation
10 staff /board members x $50 per person x
5 courses
Cost
$2,500.00
Total: $2,500.00
5. Award & Grants
Item Computation Cost
Grant awards to Boynton Beach grassroots organizations to Provide a total of up to 3 grant $180;000.00
provide and/or expand existing services to youth and teens awards at approximately
in target area providing direct services with the following $60,000 per grant award.
focus: tutorial and homework assistance, FCAT
preparation, employability skills, teen speak-outs, gang
prevention, drug-prevention, drop-out prevention, teen civic
engagement, college and educational tours, etc. These
services will be requested through RFQ or RFP process and
in accordance with City policies and procedures.
Total: $180,000.00
Detail Budget Worksheet
City of Boynton Beach YVPP
2006-2007 Application for Funding
2
Exhibit B
H. Equipment
Item
Office Com uters for staff
Office Printer
Laser Jet Printer for Coordinators
Cost
$6,000.00
$3,500.00
$500.00
Total: $10,000.00
GRAND TOTAL:
$300,000.00
IN-KIND CONTRIBUTION:
$500,000.00
Item Description Estimated Value
Ezell Hester Center Serves as temporary site for Youth $175,000.00
Empowerment Center. This center is
exclusively target at the youth in the target
area and the value takes into account the use
by the YVPP taraeted population
Wilson Center Will serve as permanent Youth Empowerment Not included in 2006-07
Center and is a $14 million building. value estimations
Scheduled to open 12/2007.
Madsen Center Will serve as site for Teen Council Meeting $100,000.00
and site for Teen activities
Boynton Beach Library $61 million renovations in place that will $137,000.00
include a wing exclusive for teen and youth
activities schedule to open April 2007.
Other City Staff Contribution A collaborative team will work with the $54,000.00
implementation and development of new
initiatives. Approx. 20 staff from various city
departments will contribute an average of 10
hours per month at an estimated value of $45
per hour x 6 months
Steering Committee Contribution Steering Committee consist of approx. 10 $9,000.00
volunteer members of the community and
time is valued at $15 per hour x 10 per month
x 6 months
Program Cost Assistance: Other costs to enhance the development of $25,000.00
the program not approved in grant award such
as additional equipment, ITS services,
supplies, etc.
These values are estimates that are very modest primarily due to the uncertainties with the program's
start-up. The target area has a vast majority of the city's program and service facilities positioned in the
heart of the site's geographical boundaries.
Detail Budget Worksheet
City of Boynton Beach YVPP
2006-2007 Application for Funding
3
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Palm Beach County Criminal Justice Commission
Exhibit D
Agency:
Reimbursement Request
SUMMARY STATEMENT OF TOTAL PROJECT COSTS
Project #:
Subgrantee:
Address:
Project Title:
Telephone:
Claim #:
Claim Period:
Budget Category
Category Total
Salaries & Benefits
Other Personal! Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
Total Claim Amount
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement
Date
Signed
Project Director
Typed Name of Project Director
Palm Beach County
Board of County Commissioners
1
Criminal Justice Commission
Reserve Fund
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Exhibit E
Criminal Justice Commission
Implementation Plan for Youth Violence Prevention Project
Each participating city, in recognition of the findings of the Criminal Justice
Commission's Youth Violence Prevention Project Steering Committee that youth
violence must be addressed in a comprehensive and systematic way, wishes to
participate in this worthwhile project.
Each participating city agrees to:
· Abide by the requirement that all city-related projects and efforts will
service the residents within the identified geographic areas as outlined
by Criminal Justice Commission maps
· The city will make a commitment of building space for services within
the identified geographical areas
· Design a phase-in plan, including timeline, for the creation of a Youth
Empowerment Center
· Design a phase-in plan, including timeline, for a Justice Service Center
· Participate in the multi-agency task force law enforcement component
of the Youth Violence Prevention Project
· Utilize the findings of the Project's 500 youth surveys to develop and
prioritize youth empowerment programs
· Pay the city's portion of all goods, services, and personnel used in
connection with this project
· Develop separate community advisory boards for youth and young
adults
· Participate in all aspects of evaluation including data collection, data
sharing, site monitoring and visits
Background:
The Criminal Justice Commission utilized a national model created by the U.S.
Department of Justice, Office of Justice Programs for the development of the
Youth Violence Prevention Project. A comprehensive approach was developed
using the research compiled by Florida State University and involved
professionals from the criminal justice system, education, and human services,
and local youth. Florida State University, Center for Public Policy in Criminal
Justice, assimilated and analyzed local violent crime data which demonstrates,
after a decline from 1994-2002, a significant increase in murders and firearms
crimes. Four subcommittees, including crime prevention, law enforcement, courts
and corrections, developed a strategic plan. A Youth Workgroup was formed with
25 youth from various areas of the county. The Workgroup surveyed over 500
youth, including juveniles in jail and on Department of Juvenile Justice probation.
The recommendations made by the Workgroup have been incorporated into the
overall plan. The research supports that a multi-agency comprehensive
approach is the most effective. The project incorporates the model programs and
the recommendations from the Subcommittees.
1
Exhibit E
Components:
1. Crime Prevention:
The establishment of a Youth Empowerment Center in each targeted area
that provides activities and services to youth ages 13-18, including after
school programs and activities, tutoring/mentoring, job training for in school
and out of school youth, information on resources, gang prevention outreach,
parenting classes, employment services, Safe Schools Programs and
transportation.
2. Law Enforcement:
The law enforcement strategies include:
a. Provide training for all law enforcement agencies on the collection of
evidence by standardization of evidence collection policies, procedures
and training
b. Utilization of the newer technology "license plate recognition cameras"
in each of the targeted areas
c. Community oriented police officer in each targeted area
d. Ad campaigns utilizing bus shelters and billboards to assist in cold
case investigations, provide crime prevention tips, and to make people
aware of the penalties for gun crimes
e. Gun safety programs, including working with gun dealers to better
secure the firearms
f. Multi-Agency Task Forces
i. Violent Crimes Task Force
ii. Joint operations with Alcohol, Tobacco, Firearms, and
Explosives
3. Courts:
The strategies for the Courts component are designed to divert youth from
the juvenile justice system and provide the judiciary with additional
sanctions.
a. Extend Youth Court within each targeted area
b. Establish Aggression Replacement Therapy (ART) as a specialized
program for violent juvenile offenders. ART provides an alternative
treatment program to stem the violence at an earlier age
c. Initiate judicial training on ways to involve the parents more in the
judicial process to reduce the likelihood of recidivism
d. Fund new prosecutor to handle violent firearm crimes with defendants
up to 29 years of age and to work with law enforcement on the
prosecution of these crimes
2
Exhibit E
4. Corrections:
Establish a Justice Service Center in each targeted area to provide
assistance to juvenile and young adult offenders up to age 29. The Justice
Service Center provides services either on-site or through referrals. These
services include employment, substance abuse, mental health, legal
assistance, re-entry assistance, life skills, and probation sanction assistance.
Educational programs such as Safe Schools and Career Academies, and law
enforcement strategies except for the cameras and the community oriented
police officer would be countywide. Each targeted area will have an Advisory
Board of residents and a TeenlYouth Council. For each area, a Memorandum
of Understanding will describe the participation of the local government,
human service agencies, foundations and other funding sources. The CJC
will maintain oversight until all sites have been established.
The specific programs are: Youth Empowerment Centers and Justice Service
Centers in the five targeted areas incorporate all four components of the plan.
Memorandums of Understanding will be completed by Criminal Justice
Commission.
Youth Empowerment Center Programs: Responsibility
Youth Empowerment Facility City
Youth/Teen Advisory Council City
Council or Board of youth from the target area to meet
regularly to recommend programs and policies of the
Youth Empowerment Center
Teen Center City
Provide educational and recreational programming.
Maintain a clean safe and secure environment. Work
with the youth council to identify new educational
recreational programs, activities and special events.
Career Academy MOU with School District
Designated Career Academies would provide and Charter School
opportunities for in school and out of school youth
without regard to grade point average.
Develop a pilot career academy through a charter
school to be located within the targeted area and based
on the career choices that the Youth Council and
Citizen Advisory Board identify.
After-school Activities City
Provide a variety of the latest Recreational programs:
martial arts, yoga, surfing, swimming, tennis hip hop
dance, organized sport.
Tutoring City
3
Provide before school/after-school tutoring, including
FCAT skill building
Mentoring
Provide mentors for youth to support and be positive
role models
Job Training
Workforce Alliance is funding a program for
approximately 100 at-risk youths to prepare them for
careers and jobs that are in demand in Palm Beach
County. The program will supplement existing
programs at the high schools of the county and provide
additional resources. Junior Achievement of the Palm
Beaches will manage the program with the objective of
motivating selected at-risk youth to graduate, providing
them additional workplace skills and then assist them
I with job placement.
Exhibit E
MOU with Big Brothers Big
Sisters
MOU with Workforce
Alliance and Palm Beach
Community College
Workforce Alliance has contracted with three agencies :
to carry out academic and job-training services for at-
risk and disadvantaged youth in Palm Beach County on
a year-round basis. Priority will be given to proposals
to serve the youth in those areas of the county that
were pointed out the research sponsored by the Youth
Violence Prevention Committee. Alliance expects to
bring the selected programs to over 500 youths, both
in-school and out-of-school
Information on Resources City and MOU with
Provide information on existing resources for youth collaborating agencies
including school programs, job training and
employment opportunities, services available I
Community Outreach City
A worker to intervene with youth in the Youth
I Empowerment Center area to engage them in positive
activities.
!
Employment Services MOU with Workforce
Workforce Alliance is funding a program for Alliance
approximately 100 at-risk youths to prepare them for
careers and jobs that are in demand in Palm Beach
County. The program will supplement existing
programs at the high schools of the county and provide
additional resources. Junior Achievement of the Palm
Beaches will manaqe the proqram with the objective of
4
Exhibit E
motivating selected at-risk youth to graduate, providing
them additional workplace skills and then assist them
with job placement
Transportation City
The youth surveyed indicated that a major issue to
attending programs and activities is transportation.
Life Skills
Cultural Diversity Training City
Justice Service Center Responsibility
Develop the Justice Service Center concept in
targeted neighborhoods in order to provide
assistance to residents, juvenile offenders, and
adult offenders. The Justice Service Center
would provided services to assist residents and
both juvenile and adult offenders either onsite or
through referrals. These services would include
employment, substance abuse, mental health,
legal assistance, re-entry assistance, life skills,
community outreach, and probation sanction
assistance.
Justice Service Center Facility City
Mental Health Services MOU with DCF
The Justice Service Center would provide
assistance to those seeking mental health
services. By partnering with mental health
providers, residents and both juvenile and adult
offenders can access services through referrals.
Substance Abuse Services MOU with DCF
Substance Abuse Services- the Justice Service
Center would be able to provide substance
abuse counseling either onsite or through
referrals.
Community Service City
Provide judges with the options of having youth
complete their sanctions in the neighborhood
and repay the community for their law violations.
Employment Services MOU with Workforce Alliance
The Justice Service Center would be able to
provide assistance to those seeking employment
services. By partnering with the Workforce
5
Exhibit E
Alliance and other agencies, the Justice Service
Center would offer and array of referrals to
partner agencies that can provide the individual
with assistance in obtaining employment, gaining
self-sufficiency, gaining work skills to obtain
employment, and upgrading skills to maintain
employment.
Le al Services
Cultural Com etenc
Life Skills
Social Services
Law Enforcement Responsibility
Evidence Collection Training and MOU for MOU with Palm Beach Community
standardized collection College and City i
Community Oriented Policing City
A Community Oriented Police Officer in each of
the target areas to develop relationships within
the neighborhood help citizens feel safer and
become more involved in reducing crime in the
area.
License Plate Recognition Cameras City
To place such units in areas where stolen
vehicles are most likely to be driven.
Gun Safety Programs City and MOU with Palm Beach
To develop a plan that would support gun Sheriff's Office Violent Crimes
dealers/suppliers partnering with Law Task Force
Enforcement to better secure their firearms.
Most violent crimes involving firearms are from
weapons that have been stolen. Helping Law
Enforcement track people who have a potential
for violence who purchase firearms from them. I
I
1: To work hand in hand with dealers on items
that may help in the theft of guns. This would be
any items of low cost or impact on the dealers.
Example: concrete barriers to stop smash and
grabs. I
2: To help identify subjects who may be gang
affiliated or persons involved in criminal activities
that purchase weapons. This could include
6
Exhibit E
working together at gun shows or simply as
tracking over the counter sales.
3: To just plain reduce the number of youths
getting access to firearms. Plus reduce the
number of violent persons getting firearms.
Joint Operations City and MOU with Palm Beach
Participate in the Violent Crimes Task Force and Sheriff's Office Violent Crimes
other joint operations to target violent offenders Task Force
Race Relations Training City
Courts Responsibility
Youth Court MOU with School District
Aggression Replacement Therapy (ART) Contract with Agency to provide it
established as a specialized program for violent countywide
juvenile offenders. ART provides an alternative
treatment program to stem the violence at an
earlier age.
Initiate judicial training on ways to involve the MOU
parents more in the judicial process to reduce the
likelihood of recidivism.
Fund new prosecutor to handle violent firearm CJC Agreement with Office of the
crimes with defendants up to 29 year$ of age and State Attorney
to work with law enforcement on the prosecution
of these crimes
7
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ON v
VI.-CONSENT AGENDA
ITEM C.10
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 5, 2006
0 January 2, 2007
0 January 16, 2007
IZI February 13,2007
November 20,2006 (Noon,) 0
December 18, 2006 (Noon) 0 March 5, 2007
January 2, 2007 (Noon) 0 March 20, 2007
January 22, 2007 0 April 3, 2007
February 12,2007 (Noon)
March 5, 2007 (Noon)
March 19,2007 (Noon)
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
[8J Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
RECOMMENDATION: Approve a resolution authorizing a Project Agreement in an amount not to exceed $35,000
from the Recreation Assistance Program (RAP) - District 3 ($10,000) and Engineering Capital Funding - District 7 ($25,000)
to assist with costs for Boynton Beach Little League field improvements.
EXPLANATION: The East Boynton Little League contacted Palm Beach County to request RAP funding for field
lprovements on Field 2 as a result of a new Little League regulation that requires an additional five (5) feet be added to the
Jutfield. This requires relocation of the outfield fence, changes to the irrigation system, installation of new warning track,
relocation of the scoreboard and lighting of the flag pole. Palm Beach County prefers to funnel the funds through the City of
Boynton Beach which is a normal practice for the County. Commissioners Warren Newell and Addie L. Greene requested
through Parks and Recreation Director Dennis Eshleman that County staff develop this agreement. The project reimbursement
period is from June 1, 2007 to December 31, 2007. East Boynton Little League plans to complete the work during this time
frame.
PROGRAM IMPACT: Relocation of the fence and the associated work will allow the East Boynton Little League to adhere
to the Little League regulations; thus placing in them a position to be eligible to participate in national championship
opportunities. If the renovations are not done, the league will not be able to compete for hosting the national championship in
Boynton Beach after 2007.
FISCAL IMPACT: There will be no fiscal impact on the City. The Little League will pay for the work to be done and send
the invoices with copies of the checks showing payment of the invoices to the City. The City will send the invoices and checks
to the County with a request for reimbursement. The County will send the City the funds which will then be sent to Little
League. Budget account numbers have not been determined at this time.
AL TERNA TIVES: Not to enter ~ th
/
( !
Department Head's ~ignature
Recreation and Parks
Department Name
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM,DOC
Department of
Parks and Recreation
2700 6th Avenue South
Lake Worth, FL 33461
(561) 966-6600
Fax: (561) 642,2640
www.pbcparks.com
.
Palm Beach County
Board of County
Commissioners
Addie L. Greene. Chairperson
Jeff Koons. Vice Chair
Karen T. Marcus
Warren H, Newell
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
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Ms. Jody Rivers, Parks Superintendent
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: PALM BEACH COUNTY FUNDING AGREEMENT FOR BOYNTON BEACH
LITTLE LEAGUE FIELD IMPROVEMENTS
DearMs.R~rs~) /
Attached fm ecution on behalf of the City of Boynton Beach is an Agreement in an amount
not-to-exce $35,000 to assist with costs for Boynton Beach Heritage Little League Field
improvements. This funding is from the Recreation Assistance Program (RAP) District 3
($10,000) and from Engineering Department Capital Funds ($25,000) District 7. fr
r.}....AUL I J 'J.oo7 ttI ~~ 3/ \ (j 1
The Project reimbursement period is from M"6Vember 20, 2006 to February 20, 2007, and all
expenses to be reimbursed must be incurred within that time frame and submitted to this
Department by May 20,2007. Since this is a capital project, its compliance term is for five (~'
years commencing on the date the Agreement is executed by the County. Expenses eligib,
for reimbursement include relocation of existing fencing and construction of new fencing,
repairing and replacing the west field gate, mobilization of labor and equipment, relocation of
the irrigation system and installation of a new main line and sprinkler heads, installation of a
new warning track, turf and fertilizer, relocation of the scoreboard and associated costs, and
provision of a light fixture for the flag pole.
Please obtain signature of this Agreement on behalf of the City of Boynton Beach, and return
both originals to me for placement on the agenda for approval the Board of County
Commissioners. Leave Exhibit B to the Agreement blank at this time. It should be submitted
upon project completion.
If you have any questions on the Agreement, you may contact Susan Yinger, Administrative
Support Manager, at 966-6653. On behalf of Commissioners Warren Newell, Addie L.
Greene, and the Board of County Commissioners, we are pleased to assist Boynton Beach
with costs for this capital project.
S~, ~
//(/~ ~
Dennis L. Eshl man, Director
Parks and Recreation Department
DLE:SWY
Attachments - Two RAP Agreements for Execution and Return
Copy to: Commissioner Addie L. Greene, District 7
Commissioner Warren Newell, District 3
Carrie Ann Kopelakis
c3..oJ,:-{im~ ~~~L.-L
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1 RESOLUTION R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 MAYOR AND CITY CLERK TO EXECUTE A PROJECT
6 AGREEMENT BETWEEN PALM BEACH COUNTY AND
7 THE CITY OF BOYNTON BEACH FOR FUNDING TO
8 ASSIST WITH COSTS FOR THE BOYNTON BEACH
9 LITTLE LEAGUE FIELD IMPROVEMENTS IN AN
10 AMOUNT NOT TO EXCEED $35,000.00; AND PROVIDING
11 AN EFFECTIVE DATE.
12
13
14 WHEREAS, as a result of new Little League regulations and in order for the
15 East Boynton Beach Little League to compete for hosting the national championship
16 event, Field 2 requires that an additional five (5) feet be added to the outfield; and
17 WHEREAS, the East Boynton Beach Little League has contacted Palm Beach
18 County to request a Recreation and Assistance Program Funding for those field
19 improvements, including but not limited to relocation of the outfield fence, changes to
20 the irrigation system, installation of a new warning track, relocation ofthe scoreboard
21 and lighting ofthe flag pole; and
22 WHEREAS, the City Commission of the City of Boynton Beach, upon
23 recommendation of staff, deems it to be in the best interests of the residents and
24 citizens of the City of Boynton Beach to approve the Project Agreement between the
25 City of Boynton Beach and Palm Beach County for funding of Little League Park
26 Field Improvements.
27
NOW, THEREFORE, BE IT RESOL VED BY THE CITY
28
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1.
The foregoing "WHEREAS" clauses are true and correct and
:\CA\RESO\Agreements\lnterlocals\Little League field improvements funding PSC.doc
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hereby ratified and confirmed by the City Commission.
Section 2.
The City Commission of the City of Boynton Beach does
hereby approve and direct the Mayor and City Clerk to execute an Agreement
between Palm Beach County and the City of Boynton Beach, for funding of Little
League Park Field Improvements, a copy of which Agreement is attached hereto as
Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon
8
passage.
PASSED AND ADOPTED this _ day of February, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor.~ Jose Rodriguez
Commissioner ~ Ronald Weiland
Commissioner ~ Mack McCray
Commissioner - Carl McKoy
ATTEST:
City Clerk
(Corporate Seal)
\CA\RESO\Agreements\lnterlocals\Little League field improvements funding PBC,doc
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR FUNDING OF LITTLE LEAGUE PARK FIELD
IMPROVEMENTS
THIS AGREEMENT is made and entered into on _, by and between Palm Beach
County, a political subdivision of the State of Florida, hereinafter referred to as "County", and
the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as
"Boynton Beach".
WIT N E SSE T H:
WHEREAS, Boynton Beach is making improvements of its Little League Fields at Little
League Park on Woolbright Road in Boynton Beach; and
WHEREAS, the improvements are required in order to comply with new Little League
regulations; and
WHEREAS, improvements to the Little League field are estimated to cost $35,000 for
relocation of existing fencing and construction of new fencing, repairing and replacing the west
field gate, mobilization of labor and equipment, relocation of the irrigation system and installation
of a new main line and sprinkler heads, installation of a new warning track, turf and fertilizer,
relocation of the scoreboard and associated costs, provision of a light fixture for the flag pole,
and other miscellaneous improvements associated with the project; and
WHEREAS, approximately 900 children and youth participate in the Little League play at
Little League Park each year; and
WHEREAS, Boynton Beach has requested from County an amount not to exceed
$35,000 to help offset costs for the improvements to the Little League Parks field; and
WHEREAS, County desires to provide funding to help offset costs for the Little League
Park field improvements; and
WHEREAS, funding for said program in an amount not to exceed $35,000 is available
from the Recreation Assistance Program (RAP) - District 3 ($10,000) and District 7 ($25,000);
and
WHEREAS, recreational facilities for children and youth are deemed to serve a public
purpose; and
WHEREAS, both parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties hereby agree to the following terms and conditions:
1, County agrees to fund an amount not to exceed $35,000 to Boynton Beach for
improvements of at the Boynton Beach Little League Park fields to include relocation of existing
fencing and construction of new fencing, repairing and replacing the west field gate, mobilization
of labor and equipment, relocation of the irrigation system and installation of a new main line
and sprinkler heads, installation of a new warning track, turf and fertilizer, relocation of the
scoreboard and associated costs, provision of a light fixture for the flag pole, and other
miscellaneous improvements associated with the project, as set forth in Exhibit "A", attached
hereto and incorporated herein, hereinafter referred to as the "Project".
2. County will use its best efforts to provide said funds to Boynton Beach on a
reimbursement basis within forty-five (45) days of receipt of the following information:
a, A written statement that the Project, as specified herein, was carried out in
accordance with this Agreement; and
b. A Contract Payment Request Form and a Contractual Services Purchases Schedule
Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and
every reimbursement requested by Boynton Beach. Said information shall list each invoice paid
by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount
paid by Boynton Beach along with the number and date of the respective check or proof of
payment for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by
Boynton Beach along with a copy of the respective check or proof of payment and shall make
reference thereof to the applicable item listed on the Contractual Services Purchases Schedule.
Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify the
total funds spent by Boynton Beach on the Project and shall also certify that each vendor
invoice, as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach
and approved by Boynton Beach as indicated,
3. RAP funds may be used as a match for other local, state, or federal grant programs,
but Boynton Beach may not submit reimbursement requests for the same expenses to the
County as other fund sources to receive duplicate reimbursement for the same expenses.
4, Boynton Beach agrees, warrants, and represents that all of the employees and
participants in the Project will be treated equally during employment, and for the provision of
services without regard to residency, race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation,
5, Boynton Beach shall be responsible for all costs of operation and maintenance of the
Project, including all associated costs,
2
6. The term of this Agreement shall be until for five (5) years, commencing upon the date
of execution by the parties hereto.
7. The parties agree that, in the event Boynton Beach is in default of its obligations
under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to
cure the default. In the event Boynton Beach fails to cure the default within the thirty (30) day
cure period, the County shall have no further obligation to honor reimbursement requests
submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall
return any County RAP funds already collected by Boynton Beach for the Project.
8. Notwithstanding any provision of this Agreement to the contrary, this Agreement may
be terminated by the County, without cause, upon thirty (30) days prior written notice to the other
party. This Agreement may be terminated by the County with cause, upon expiration of the thirty
(30) day cure period provided for in Section 7 above.
9. Boynton Beach shall complete the Project by December 31,2007, and invoices and
checks submitted for reimbursement must be dated within the project time frame of June 1,
2007, through December 31, 2007. Boynton Beach shall provide its final reimbursement
request(s), including a project completion statement and reimbursement documentation as
indicated in Section 2 above on or before April 1, 2007. Upon written notification to County at
least ninety (90) days prior to that date Boynton Beach may request an extension beyond this
period for the purpose of completing the Project. County shall not unreasonably deny Boynton
Beach's request for said extension.
10. In the event Boynton Beach ceases to exist, or ceases or suspends the Project for
any reason, any remaining unpaid portion of the Agreement shall be retained by County, and
County shall have no further obligation to honor reimbursement requests submitted by Boynton
Beach. The determination that Boynton Beach has ceased or suspended the Project shall be
made by County and Boynton Beach agrees to be bound by County's determination.
11. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state,
county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as
said laws and ordinances exist and are amended from time to time. In entering into this
Agreement, Palm Beach County does not waive the requirements of any County or local
ordinance or the requirements of obtaining any permits or licenses normally required to conduct
business or activity conducted by Boynton Beach. Failure to comply may result in County's
refusal to honor reimbursement requests for the Project.
3
12, County reserves the right to withhold reimbursement if the Project is not completed
as specified in Exhibit "A",
13, It is understood and agreed that Boynton Beach is merely a recipient of County
funding and is an independent contractor and is not an agent, servant or employee of County or
its Board of County Commissioners. It is further acknowledged that the County only contributes
funding under this Agreement and operates no control over the Project. To the extent permitted
by law and without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers,
agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the
County, its officers, agents, and/or employees from and against any and all claims, liabilities,
losses, judgments, and/or causes of action of any type arising out of or relating to any act or
omission of Boynton Beach, its agents, servants and/or employees in the performance of the
Little League field improvements described in the third Whereas clause, number one and
number six of this Agreement. The foregoing indemnification shall survive termination of this
Agreement.
In consideration for reimbursement of costs incurred prior to the term of this Agreement,
the foregoing indemnification shall apply not only during the term of this Agreement but also for
the period prior to the Agreement for which Boynton Beach is eligible to receive reimbursement
from the County.
14. Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of $1 00,000
Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and
be set forth by the legislature.
In the event Boynton Beach maintains third-party commercial General Liability and
Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768,28,
Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not less
than $500,000 combined single limit for bodily injury or property damage.
Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes 440.
4
Prior to execution of this Agreement by the County, Boynton Beach shall deliver to the
County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or
sovereign immunity status, which County agrees to recognize as acceptable for the above
mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks
and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention:
Administrative Support Manager.
Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability
and obligations under this Agreement.
15. Upon request by County, Boynton Beach shall demonstrate financial accountability
through the submission of acceptable financial audits performed by an independent auditor.
16. Boynton Beach shall maintain books, records, documents and other evidence that
sufficiently and properly reflect all costs of any nature expended in the performance of this
Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach,
County shall have the right to inspect and audit said books, records, documents and other
evidence during normal business hours.
17. The County and Boynton Beach may pursue any and all actions available under law
to enforce this Agreement including, but not limited to, actions arising from the breach of any
provision set forth herein.
18. This Agreement shall be governed by the laws of the State of Florida and any and all
legal action necessary to enforce this Agreement shall be held in Palm Beach County.
19. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement
or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of Management
Services within the thirty six (36) months immediately preceding the date hereof. This notice is
required by Section 287.133 (3) (a), Florida Statutes.
20. This Agreement represents the entire agreement between the parties and
supersedes all other negotiations, representations, or agreements, either written or oral, relating
to this Agreement. The Agreement may be modified and amended only by written instrument
executed by the parties hereto.
5
21, Any notice given pursuant to the terms of this Agreement shall be in writing and hand
delivered or sent by U.S, mail. All notices shall be addressed to the following:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to Boynton Beach:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
22, This Agreement is made solely and specifically among and for the benefit of the
parties hereto, and no other person shall have any rights, interest, or claims hereunder or be
entitled to any benefits under or on account of this Agreement as a third-party beneficiary or
otherwise.
IN WITNESS WHEREOF, the undersigned parties have signed this
Agreement on the date first above written.
ATTEST:
SHARON R. BOCK, Clerk &
Comptroller
By:
Deputy Clerk
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By
Commissioner Addie L. Greene, Chairperson
ATTEST:
By:
City Clerk
CITY OF BOYNTON BEACH
By:
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO TERMS AND CONDITIONS:
By:
By:
County Attorney
Dennis L. Eshleman, Director
Parks and Recreation Department
6
Recreation Assistance Program (RAP)
Exhibit" A" to Agreement
Name of Municipality: Boynton Beach
Mailing Address: 100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Name of Mayor: Jerry Taylor
Name of City Manager: Kurt Bressner
Project Liaison Information:,. .
Name: Jody Rivers, Parks Supenntendent
Telephone #: 742-6226
Fax #: 742-6233
e-mail: riversi~ci.bovnton-beach.fl.us
PROJECT INFORMATION
1. Name of Project: Little League Field Improvements
2. Project Description
. General (Project Scope): . .
Improvement to baseball field. Move outfield fence from eXisting
distance of 200' to Little League regulation distance of 225'. Install
neW Sod and irrigation. Relocate existing foul poles, and electronic
scoreboard.
. Public Purpose: Little League Baseball
. Location: Little league Park, Boynton Beach Florida
. Anticlpated Number of Participants/Users: 900 children IAges 5-16
3. Project Elements: Ust anticipated broad categories of Expenditure Items
such as capital outlay, contractual services, personnel costs, operational
expenses, equipment, and "Other Miscellaneous Project expenses", Do
not include expenditure line item budaetl amounts.
. Relocate 360' of 6' high fence. Close off opening in right field with new
fence and gate.
. Repair and replace gate at field (far west end of complex)
. Mobilization of Labor and equipment
. Relocate irrigation -new main line. Relocate existing valves, Install 120
new heads
. Installations of new warning track, laser grade new turf locatlon, apply pre-
plant fertilizer. Furnish and install new certified celebration sod
. Relocate Scoreboard sign approx 20' north
. Provide trenching and conduit to reconnect
. Provide one 100 watt metal halide fixture for flag pole on photocell
4. Estimated Lump Sum Total for Project: $ 35.000.00
5. Project Initiation date (date of first Invoice for which reimbursement will be
requested) and anticipated End date (date which project will be completed
and all invoices paid). 44-2~ to 2-20-07
Ofp\o\lo" ;-0 (.).1311117 I ~
Note: Invoices and copies of proof of payment document~ will be required for
Project/Program reimbursement after the RAP Agreement ;s approved by the
Board of County Commissioners. Do not submit reimbursement documentatior]
at this time. After the Agreement is approved. and the reimbursement request Is
submitted, all invoices and checks must be dated within the stated project time
frame AND Categories for Project Elements must be listed in Section 3 above in
order to be ~lIglble for RAP reImbursement.
'-
6. Required Attachments:
Certificate of Insurance' yes
Amount of Recreation Assistance Program Funding awarded $ 35.000.00
($10,000 - District 3 RAP; $25,000 District 7 Engineering Capital Funding)
Distrlcts3($10.000)
and 7 ($25,000)
(filled in by County)
en...... """nRhlp. online bv reauest. Contact Susan Yinger at lillipgertalobcaov.com
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT B
CONTRACT PAYMENT REQUEST
Date
Grantee
PrOject Name:
Submission II:
Reimbursement Period:
Item
JS&L
Project Costs
This Submission
Cumulative
Project Costs
Contractual Services
(e)
Salary & Wages (% of salaries)
(S)
Materials, Supplies, Direct Purchases
(M)
Equipment
(E)
Travel
(T)
Indirect Costs
(I)
TOTAL PROJECT COSTS
Kev Leqend
C
S = Salary & Wages
M = Materials, Supplies, Direct Purchases
E = Equipment
T = Travel
I = Indirect Costs
Certification: I hereby certify that the above
expenses were incurred for the work identified as
being accomplished in the attached progress
reports.
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request,
Administrator
Date
Financial Officer
Date
PSC USE ONLY
County Funding Participation
$
Total Project Costs To Date:
$
County Obligation To Date
$
County Retainage (_ %)
$
County Funds Previously Disbursed
$
County Funds Due this Billing
$
Reviewed and Approved By:
PBC Project Administrator
Date
Department Director
Date
G:\SYINGER\FORMS\3 Pg - Exhibit B,xls
Page 1 01
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11/30/2005 12:24
5517425233
SISTArE
CMT(2NAL
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, STATE NATIONAL INSURANCE co.
PRODUCER
Arthur J. G8!lsghef & Co
2255 GtadAs Road
Sufte 400 E.
BOC:Sl Raton, FL 33431
INSU~O
City of Boynton Beach. FL
100 E, Boynton Beaeh Blvd.
Boynton Beam. FL 33435
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REC&PARKS
PAGE 05
CERTllllCATE OF INSURANCE
DATe IS$ueo: 10/12106
Thl$ cerlIfIcale 18 lst:ued as a matter of intonnatlon only and conf&ra no ~ts upon
the certificate hold$f. Thls c8l1ific:ah!JDOE!$ ftIOT amen<i. axll~nd or alter the coverage
affOrded by th& policIeS betow.
COMPANfES AFFORDING COVERAGe
COMPANY (A.) ~. STATE NAl1ot16L U~SVRAM~ ~m't
COMPANY (B)
COMPANY {Cl
COMPANY (0)
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coveRAGES
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n<>lWIlhstandlng any requirem$flt, teIm Of <:ofldltion of.any ()(ltltmd or 0ItJ8r dOQlmetlt wlltl respect to """ten tltit ce-rtIIIcste may be lseUed or /Nl)'
pertain, Ule lnsu~ Bffofded by the pOItCIlMI QeSO'ibed t\ereio Is sutljec( ID #llt\tllBifl1i. exdusloM lilnd 0?OOIII008 of such poIioieS, Urnl" I!Ihown
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, DESCRIPTION OF OPERA TIONSIlOCA TIONS/IIEHICLESlSPECfAL ITEMS - All operatlon$ USlllalto a CIty Govell\l11$lt Including
, Palm Beach County Board of County COfJ1rrHssloners, a political $l.Jbdl'4li$lon of tl'le SCate of Florida. Its ~l'$, Emptoyees and
A(lents as a(l(/ltlonaJ 'nsureC 89 their lnll8mel8 may appear throughout the policy period for municipal actMttes In cootdlnatlon and/or
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CERTIFICATE HOLDER
Palm Beach County Board of County
Con,ml8sloMllI
Rtsk Mgt. o.pt
160 Australian' Dr.
WeISt Palm Beach, FL 33406
Atfl.'lntiOn: Dick Cohen
Shoufd any of lhe llbov4l desertbe<t pOIk:les bfJ ~ befOl'e lIle EllcJ)lrallol'l
dlile thetel>t, !/'lit IssUlI'IQ oompaoy wtI endeavor to ma" ;llZ dSya 'l'll'lUen nocloe m
l!'Ie csl1iflcall8 MlcIer named 10 tn-.Ieft, but failure to mall such notice malllrrtp08&
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Meadowbrook Insurance Group
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D December 5, 2006 November 20,2006 (Noon,) D
D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
[Zl February 13, 2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [Zl Consent Agenda D Legal
D Code Compliance & Legal Settlements D Un[mished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the execution of a Special Warranty Deed to convey ownership of the Old
High School building to the Boynton Beach Community Redevelopment Agency (CRA).
EXPLANATION: This City Commission approved Resolution R05-l72 at their regular City Commission meeting of
October 5,2005 to transfer and convey ownership of the Old High School building to the CRA, based on an Agreement
between the CITY and the CRA, that is Exhibit "A" to the same resolution. Staff has now delineated the configuration of the
parcel of land to service the building as well as meet the current zoning district setback regulations. A survey of the intended
parcel of land has been ordered and performed, a reduced copy of which is attached for your perusal. A new legal description
has been developed to subject the parcel ofland to existing city uses around the perimeter of the building as well as the
existing air-conditioning equipment located adjacent to it that serves the historic elementary school building museum next to
it.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Co~tinue to own and maintain the Old High School BUil~dingfas it exist today.
// (/'.1'1.: ( ,
I~I" J. . (l.l-t.c!.',t.j fii ~ ~'~.,' ....J V, L ~
/,fa 0'#OP"1"\ ,00', Signa"'" dy M""g"', Signature
. I \1 Assistant to City Manager ~
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
NATURE OF
AGENDA ITEM
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Public Hearing
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
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Date Final Form Must~ Tuni@CO
intoCityClerk'sW'ice '~
AL TERNA TlVES: Con' ue to own and maintain the Old High School Building as it exist today.
1..0
February] 2, 2007 (N~
...
March 5, 2007 (Noon)
March] 9,2007 (Noon)
City Manager's Reporl"
/~
New Business ,/'
/
,/
Legal /
Unf~ Business
,,/'"
City Manager's Signature
Public Works / Engineering Division
Department Name
Assistant to City Manager ~~
~
City Attorney / Finance
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Requested City Commission Date Final Form Must be Tumed Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 5, 2006 November 20,2006 (Noon,) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5,2007
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20. 2007
~ February 13, 2007 January 22, 2007 0 April 3. 20()7
o
o
o
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o
//
./
RECOMMENDATION: Motion to approve the execution ofa Special warran~ee.d to convey ownership of the Old
High School building to the Boynton Beach Community Redevelopment Age~(CRA).
/
,,,//
EXPLANATION: This City Commission approved Resolution RO '72 at their regular City Commission meeting of
October 5, 2005 to transfer and convey ownership of the Old Hi School building to the CRA, based on an Agreement
between the CITY and the CRA, that is Exhibit "A" to the sa resolution. Staff has now delineated the configuration of the
parcel of land to service the building as well~eet the ent zoning district setback regulations. A survey of the intended
parcel ofland has been ordered and performrcf, a reduc copy of which is attached for your perusal. A new legal description
has been developed to subj ect the parcel ofland to lsting city uses around the perimeter of the building as well as the
existing air-conditioning equipment located adja nt to it that serves the historic elementary school building museum next to
it.
PROGRAM IMPACT: None
FISCAL IMPACT: None
//
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST fORM,DOC
This Instrument Prepared By and Return to:
Donald J. Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Property Appraisers ill #:08-43-45-28-05-014-0020
SPECIAL WARRANTY DEED (Corporation)
This Special Warranty Deed is executed this day of February, 2007, by City of Boynton
Beach, a Florida municipal corporation, and having its principal place of business at 100 East
Boynton Beach, Boynton Beach, Florida 33435, hereinafter called the Grantor, to Boynton
Beach Community Redevelopment Agency (CRA), a Florida public body corporate and politic
created pursuant to Section 163.356 F.S, whose post office address is 915 South Federal Highway,
Boynton Beach, Florida 33435, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, legal
representatives, and assigns of individuals, and the successors and assigns of corporations,
wherever the context so admits or requires.)
Witnesseth, That the Grantor, for and in consideration of the sum of $10.00, in hand paid by the
said second party, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in
County of PALM BEACH, State of Florida, to-wit:
SEE ATTACHED EXHIBIT"A" ATTACHED HERETO
THIS SPECIAL WARRANTY DEED HAS BEEN PREPARED WITHOUT THE
BENEFIT OF A TITLE EXAMINATION
Subject to easements, restrictions, reservations, and limitationsof record, if any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or In
anywise appertaining.
To Have and to Hold the same in fee simple forever.
And the said Grantor will only warrant and forever defend the right and title to the above
described property unto the said Grantee against the claims of those persons claiming by,
through or under Grantor, but not otherwise.
(SIGNA TURE ON NEXT PAGE)
In Witness Whereof, the said grantor has signed and sealed these presents the day and
year first above written.
CITY OF BOYNTON BEACH, A
FLORIDA MUNICIP AL CORPORA nON
By:
Its: Mayor
Signed, sealed and delivered in presence of:
(Signature of first witness)
(Printed name of first witness)
(Signature of second witness)
(Printed name of second witness)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this February _, 2007 by
, who has acknowledged himself/herself to be the
of the City of Boynton Beach, a Florida municipal corporation,
who is personally known to me or has produced as identification
Signature of Notary
Printed Name of Notary
My Commission Expires:
My Commission Number:
S:\CA\Real Estate\Special Warranty Deed (Old High School),doc
EXHIBIT "A"
OLD HIGH SCHOOL BUILDING
UPDATED LEGAL DESCRIPTION
A parcel of land, being a portion of Lots 4 and 5, Block 14, SAWYER'S ADDITION TO THE
TOWN OF BOYNTON BEACH, according to the plat there as recorded in Plat Book 1, at Page
69, of the Public Records of Palm Beach County, Florida, being more particularly described as
follows:
COMMENCE at the southeast corner of Lot 1, Block 14, SAWYER'S ADDITION TO THE
TOWN OF BOYNTON BEACH, according to the plat thereof as recorded in Plat Book I, at
Page 69, of the Public Records of Palm Beach County, Florida; thence N 890 53' 21" W, along
the South line of said Block 14, for a distance of 316.82 feet to the POINT OF BEGINNING;
said South line of Block 14 being coincident with the North right-of-way line of Ocean Avenue
as shown on said plat; thence continue N. 890 53' 21" W., along said North right-of-way line of
Ocean Avenue for a distance of 168.12 feet to a point; thence N. 01 0 44' 07" W., parallel to the
East line of said Block 14, for a distance of 229.64 feet to a point; thence N. 890 52' 50" E., for a
distance of 168.10 feet to a point; thence S. 010 44' 07" E., parallel to the East line of said Block
14,for a distance of 230.31 feet to the POINT OF BEGINNING.
Said lands situate within the City of Boynton Beach, Palm Beach County, Florida.
Containing 0.89 acres of land more or less.
SUBJECT to an ingress, egress. parking and building structure easement over the North 20 feet
thereof; and over the South 209.64 feet of the West 15 feet thereof; and over the South 65 feet of
the East 10 feet thereof, and over the South 30 feet of the West 20 feet of the East 30 feet
thereof
Further SUBJECT to the use of the existing concrete slab for air-conditioning equipment and
associated electric control panel located along the east side of the existing building structure
which services the adjacent elementary school museum building located to the east of this
subject property.
Page 1 of 2 pages
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VI.-CONSENT AGENDA
ITEM E.
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
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D
D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5,2007 (Noon)
~ February 13,2007 January 22, 2007 D April 3,2007 March 19,2007 (Noon)
Consent Agenda
D
D
D
D
D
City Manager's Report
New Business
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RECOMMENDATION: .. ::!g::
Motion to approve full release of surety for the project known as Quantum Park Townhomes East & Wesalka~>
Parkside), in the amount of $789,542.60, and to return the original performance bond no. SU5003089 from Arch ~
Insurance Company in this amount to the developer, D.R. Horton, Inc.
NATURE OF
AGENDA ITEM
D
D
~
D
D
Administrative
Announcements/Presentations
Code Compliance & Legal Settlements
Legal
Unfinished Business
o
-.J
C-
:x:-
Z
Public Hearing
EXPLANATION:
The developer of this project established a performance bond as surety with the City to guarantee the satisfactory
operation of the water and sewer systems serving the project. All of these utilities have been installed and have
operated as expected throughout the one-year warranty period. The surety may therefore be returned to the
developer (D. R. Horton, Inc., 1192 East Newport Center Drive, Suite 150, Deerfield Beach, FL 33442, Attn: Karl
Albertson).
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
/J;---;//~d /.Z /, "'-A.I /;;,,{ ?
Department Head's Signature
~C' M~S'
tty anager s tgnature
Assistant to City Manager ~
UTILITIES
Department Name
City Attorney / Finance
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM ,DOC
EXHIBIT IIN_3ft
(LDR, Chap. 7. Art. I, Sec. 3..9..)
(LD~ Chap. 7.5, Art. U, Sec. 7,.)
PBRFOIUdt\N'CE BONp
KNOW ALL MEN BY THESE PRESENTS~
Bond #5U5003089
That [IJ [WeJ2 D.R. Horton, Inc. . her$inafter call
PRINCIPAL. and Arch Insurance Company . . a surety company authorized to do
business in the State of Florida, hereinafter referred to as SURETY, are held and finnly bound
unto the City ofBo)'Uton Beach, a political subdivision of the State of Florida, hereinafter called
eIli". the full amjDSt sum affi~aYu~~~ ~~n~B8~~~~' ff.~. Dollars ($789..542.~
lawful money of the United States of America. to be paid to the City of Boynton Beach, to which
payment will and tmly be made, we bind. ourselves, our heili, executors, administrato~1
successors and assigns, jointly and severally, firmly by these presents:
[WHEREAS, the above bound PRINCIPAL has received aopr.oval from the CITY for the
rdin f. . bdi" 1m Quantum Park Town'llomes East' and West. .
reeo go acertainsu Vlstonplat ownu (I'l.~ P"'rkslp.el m ~ ano. IiiUO~
recording is prior to completion of construction of the Required 1m'ptovemeo.ts as prescribed by
the Subdivision, Platting and Required Improvem~i1ts R.egulatio~J Chapters 2.5. S and 6
respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the
REGULATIONS, pertaining to said subdivision;] or
[WHEREAS, the above bound P CreAL.ha$ r,eceived alir~val.from the CITY for the
constniction ofa certain project known as a~~ ~rkN~etownhornes as and wiiih such project
shall construct and install the required public iml'rovements to support the Projeot pursuant to the
tenns of the Permit,] and
WHEREAS. it waS one of the conditions of said RnOULAT10NS tu1d PERMIT that this
bond be executed.
NOW, T'HERBFORB, the conditions of thi~ obligation are such that if the above bound
PRINCIPAL shall in all respectB comply or QBUSe others to oomply with the terms and condition$
of said PERMIT, witWn the time specified, and shall in every respect fulfill [itsJ(hisJ[herJ(theirJ
obligatic;m thereunder and under the plans therein referred to, then this obligation to he void;
otherwise, it shall remain in full forae and effect.
Paga 1 of 4 pages
The PRlN~IPAL .and. CITY agree that'the City Engineer may, in writing, reduce the
initial amount stated above in accordance with the requiremeDts of said REGULA TrONS.
The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the
PRlN'CIP AL fails to perform all or any part of the construction work tflquired by said PERMIT
and REGULATIONS within the time specified., the SURETY, upon thirty. (30) days written
notice from the CITY o~ its authorized agent or officer, of the default, to the PRINCll' AL or its
authorized agent or officer, will forthwith perform and complete the.aforesaid consttuction work
me! pay the cost t11t;:~eof, including, but not limited to, engineering, legal, aud contingent costs,
together with .any d2mages either direct or consequential. Should the SURETY fail or refuse to
perform and oomplete the said improvements; CITY, in vi~ oftb.e public interest, health, safety
3Ild welfare factors involved and the inducement in approving rmc1 filing the said plat, sball have
the right to resort to any and. all legal remedies against the PRlNCIP AL anQ/or SURETY, or both
at law and iu equity including speoifioally the specific performance, to which the PRJNCIPAL
and SURETY unconditionally agree.
. The PRIN'CIP AL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE
that the CITY, at its option. shall have the right to construct or, pursuant to public adyertisem~nt
and receipt ofbidst cause to be constructed the aforesaid improvements in case thCl PRINCIPAL
should fail or reMe to do so in aeeordance with the terms of said PERMIT, In the ev~t CITY
should exercise i.!Ild give effect to such ri.. the PRINCIPAL and SURETY shall be jointly and
severally liable hereunder to reimbU1'Se the Cmi the total cost thereof. including but not limite~
to, engineering, legal, and contingent costs, together with any damages, eitber direct or
oOnSequential. which may be sustained on account oithe failure of the pRINCIPAL to carry out
and cxC'CUte all the obligations for oonstruotion of Required Improvem.ents pursuant to the
REGULATIONS and PERMIT.
REOF, the pRINCIPAL has executed these pres
(CORPORATE SEAL)
D.R. Horton, Inc.
[a Florida corporation][a. corporation,
licenged to do business in Florida]
~'-
BY: --I:::-..--~ -
'y~..... ). ~.;'"","f'1':; .....;;.IL'. v?_
A~Lio-O Y
I2A- h&. ~ ~. \20 c.A
(Impressionable corporl'lte s~al)
Pags 2 of 4 pages
ADDRESS: 1192 East Newport Center Drive, Suite 150
Deerf~eld Beach, FL 33442
STATE OF
COUNTY OF
::p (()ndq
1~rnL}/Kd. ~
BEFORE ME perso~ally appeared who is eernonally
known to me or has produced as identification, and who executed.
t1l~oing instrument as [Vice] President of 1) ~ ff;7 -f7?('~ J:I1l (!.. , ,a corporation., and
severally acknowledged to I1I1d before me that [he][she] executed such instrument as such officer
of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of
said corporation and that it was affixed to said instrument by due and regular corporate authority,
and that instrument is the free tWt and deed of said corporation.
WITNESS my hand and official seal this 7.6 day of ()c -h~ 20 0 3
My commission expires: (V) "" '1 2 81 ~C07 CJ. ~ ~
Notat)' Public
(Seal)
-OR-
~~ Amy Hetzel
tJ . My commission 00216806
'\ ~I Expires May 28.2007
(INDIVIDUAL PRlNCIP AL)
WITNESS:
BY:
ADDRESS:
(SURETY SIGNATURE BLOCK)
WITNESS:
SURETY
~ (.il
[It (7&1 1
Kimberly A. /. jts attorney-in-fact and Florida
(POwer of att6fu.ey must be attached) Licensed :Res id,
Agent
BY:
Kr~stin Haley, Witness
Page 3 of 4 pag~s
c/o Willis of Florida
ADDRESS: 6200 Courtney Campbel} Cswy., #300
Tamp~! FL 33607/(813) 281-2095
STATE OF Florida )
COUNTY OF Hillsborough )
BEFORE ME personally appean:d Kimberly A. Tavernier who(is][are]
personally known to me or Chas](haveJ produced known to me [and ,', . .
respectively] as identification, and who exeeuted the foregoing instrument, and acknowledged
before me that [he] [she] [they] executed said instnunent forthepfupose expressed therein.
WITNESS my hand IlIld official seal Ibis C day of October ~
My cormnission expires; ~ ~0
Notary Public, Anett Cardinale
(Seal)
"'b~':A~:'fj;;,?,. Anett Cardinale
g'~';t:~ MY COMMISSION # OD103928 EXPIRES
;!4'~'~Y July 28,2006
;1!;f:,9'i::f::~~"'" BONDED THl?IJ TROY F.AJN INSURANCE.INC
Page 4 'Of 4 pages
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Anett Cardinale, David H, Carr, James W. Dunn, Linda J. Meyer, Pamela Miller, Pamela L. Morgan and Kimberly A.
Tavernier of Tampa, FL (EACH)
its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall, be as binding upon the said
Company as fully and amply to all intents and purposes, as if the sari1e hadbe~n dulyexetuted and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri. . . ... . .
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary. and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3. 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 000303
Page 1 of 2
Printed in U.S.A.
~~
~.ij......../\..'<....
:'f <\.;
ARCH Insurance Company
ARCH Surety
NOTICE - DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Arch Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable insurer deductible.
v 111.-t'UISLll,; HI:ARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 5, 2006 November 20,2006 (Noon,) [?3J February 13, 2007
0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007
0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007
Date Final Form Must be Turned
in to Citv Clerk's Office
March 19,2007 (Noon)
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February 5, 2007 (Noon)
<::)
--I
February 20, 2007 (NoonJ.-
~
March 5, 2007 (Noon) N
&"
-
0 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
[?3J Public Hearing 0
N
RECOMMENDATION: Please place this request on the February 13,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 06-216.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
306 SW 5th Avenue / Jenkins (ZNCV 07-001)
Steve and Anna Jenkins
Steve and Anna Jenkins
306 SW 5th Avenue
Relief from Chapter 2, Zoning, Section 5.D.2.a. of the Land Development Regulations,
requiring a minimum rear setback of 20 feet, to allow a 7 foot variance, resulting in a 13
foot rear setback for a solid-roof screen enclosure on property zoned R-I-A.
PROGRAM IMP ACT:
FISCAL IMPACT:
AL TERNA TIVES:
N/A
N/A
N/A
~
City Manager's Sign"hure
Assistant to City Manager ~
?uJ~
Planning and 0 mg Drrector CIty Attorney / Fmance
S:\Planning\SHARED\WP\PROJECTS\306 SW 5th Avenue Variance Jenkins\Agenda Item Request 306 SW 5th Ave ZNCV 07-001 2-13-07,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-216
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
~~
Michael W. Rumpf
Planning and Zoning Director
Kathleen Zeitler ~2--
Planner
January 16, 2007
306 SW 5th Avenue, Jenkins / ZNCV 07-001
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.D.2.a., requiring a minimum rear
setback of 20 feet, to allow a 7 foot variance resulting in a 13 foot rear
setback for a solid-roof screen enclosure on property zoned R-1A Single-
family Residential.
Property Owners:
Applicant/Agent:
Location:
Acreage:
Existing Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Steven Jenkins and Anna Lloyd
Steven Jenkins and Anna Lloyd Jenkins
306 SW 5th Avenue (Lot 44, Mango Heights)
(see "Exhibit A" - Location Map)
6,008 square feet / (0.14 acres)
Single-family Residential
Single-family Residential (R-1-A)
Right-of-way for SW 5th Avenue, then farther north is 305 SW 5th Ave (Lot 29,
Mango Heights) a developed single-family residence, zoned Single-family
Residential (R-1-A);
301 and 305 SW 5th Lane (Lots 56 and 57, Mango Heights 1st Addition) developed
single-family residences, zoned Single-family Residential (R-1-A);
302 SW 5th Avenue (Lot 45, Mango Heights) a developed single-family residence,
zoned Single-family Residential (R-1-A); and,
312 SW 5th Avenue (Lot 43, Mango Heights) a developed Single-family residence,
zoned Single-family Residential (R-1-A).
Page 2
306 SW 5th Ave (Jenkins)
File No. ZNCV 07-001
BACKGROUND
The subject property is generally located south of Boynton Beach Boulevard, between 1-95 to the west
and Sea crest Boulevard to the east, on the south side of SW 5th Avenue within the Mango Heights
subdivision (see Exhibit "A" - Location Map). The subject property and neighborhood are zoned R-1-A,
Single-family Residential. The existing lot dimensions of the subject property (65 feet in width and 92.44
feet in depth) are the same as approved by plat in 1973. According to the current survey (see Exhibit
"B"), the lot supports a one-story residence with an attached solid-roof screen enclosure (23.7 feet in
width by 15 feet in depth totaling 355 square feet).
The subject property is considered to be a nonconforming lot because it does not comply with all the
property development regulations currently required by the R-1-A zoning district. The property is
nonconforming to the following minimum lot standards: (1) lot area of 7,500 square feet (the subject
lot has 6,008 sq. ft.); (2) side yard setback of 7.5 feet (currently 7.0 feet); (3) minimum living area of
1,400 square feet (1,309 sq. ft. under air); and (4) rear yard setback of 20 feet (currently 13 feet).
Land Development Regulations pertaining to special provisions for nonconforming lots and lots platted
prior to 1975 do not resolve the rear setback encroachment issue which is the subject of the requested
variance.
The applicants have requested relief from Chapter 2, Zoning, Section 5.D.2.a. to allow for the continued
existence of a solid-roofed screen enclosure attached to the rear of the residence. Per the Land
Development Regulations, a screen enclosure with a solid roof must comply with the setbacks required
by the zoning district, which is a minimum of twenty (20) feet for the rear setback in the R-1-A zoning
district. However, a screen enclosure with a screen roof requires a minimum rear setback of only eight
(8) feet. The existing solid-roof screen enclosure on the subject property is located thirteen (13) feet
from the rear property line, an encroachment into the minimum rear yard setback of seven (7) feet.
The owner states the following in their justification: (1) a solid-roof screen enclosure existed when they
rented the residence in 2000; (2) the screen enclosure was destroyed by Hurricane Francis in
September, 2004; (3) a new solid-roof screen enclosure of the same dimensions was constructed by
their contractor who had not secured a building permit. Consequently, Code compliance issued a
citation for the construction and location of the screen enclosure. In response to the citation, the
applicant has submitted this variance request to rectify the situation. If approved, the owners would
then be required to obtain all necessary building permits and inspections.
Building Division records indicate the residence was constructed in 1976, and a permit was issued in
1977 for a patio slab. A patio slab does not have a setback because it is not considered a structure.
Also, a concrete slab poured for an open patio does not typically meet the same engineering standards
as slabs poured for screen enclosures intended to support solid roofs. There is no City record of a
building permit being issued for the screen enclosure that was destroyed by the hurricane in September,
2004. A building permit application (04-5807) dated November 30, 2004 was submitted to replace the
hurricane damaged screen enclosure. City plan review comments indicate the permit could not be
issued due to the setback encroachment of the proposed solid-roof screen enclosure. The contractor
proceeded to commence construction without the required building permit and inspections.
On July 15, 2005 the Building Division notified the contractor and property owner that the permit
application was about to expire and an inspector would perform a status check if they did not respond to
the letter. The status check revealed the work was completed without the necessary building permit
and inspections. A violation notice was issued and the case forwarded to Code Compliance on January
24, 2006. On April 3, 2006, and again on August 4, 2006, the property owner had pre-application
meetings with staff of the Planning and Zoning Division to review the variance application process. Staff
Page 3
306 SW 5th Ave (Jenkins)
File No. ZNCV 07-001
recommended in both meetings that the owners apply for a permit to revise the structure to a screen
roof to resolve the encroachment issue, since there was no hardship for a variance. On October 18,
2006 the property owner submitted this application request for a setback variance to allow the existing
screen enclosure to remain with a solid roof.
Staff surveyed the immediate neighborhood and it was observed that a few screen enclosures exist in
the area, however they had building permits and do not appear to be encroaching into the current rear
setback. Furthermore, City records show no other similar variances have been approved within this
neighborhood.
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see
Exhibit "C'l. The code states that the zoning code variance cannot be approved unless the board finds
that all of the following criteria apply:
a. That special conditions and circumstances exist which are peculiar to the lanct structure, or bUIlding
involved and which are not applicable to other lands, structures or buildings in the same zoning
district.
The applicant's response does not adequately address criteria "a" above. Based on staff's research of
properties within the Mango Heights neighborhood, there are a few properties with screen enclosures
constructed with permits and inspections, and which comply with required setbacks without the need for
a variance. These lots were platted with the same or similar lot dimensions as the subject property and
are located within the same R-1-A zoning district. Therefore, no circumstances appear to be peculiar to
the land or structure involved which are not applicable to other lands or structures in the same zoning
district.
Building records for permits issued in Mango Heights date back to 1976 and are thorough lists by
address, although scanned copies of actual applications and permits are not available for periods prior to
15 years ago. The detailed record of permits issued for this address lists a patio slab permit in 1977 and
other permits, but no screen enclosure permit (see Exhibit "0'1.
b. That the special conditions and circumstances do not result from the actions of the applicant.
It is assumed that a contractor hired to do a job will know the code and will act in good faith. Building
records indicate the contractor was notified of first review comments on January 4, 2005, and second
review comments on January 26, 2005, but he apparently failed to inform the property owners of the
review comments and knowingly constructed the screen enclosure without permits and inspections. The
homeowners trusted the contractor who finished the job without securing the necessary permit,
resulting in the creation of special conditions by encroaching into the rear setback.
It is equally assumed that the homeowner is ultimately responsible for any action on his behalf. Even
though a homeowner hires a licensed contractor, the homeowner is ultimately responsible for any work
performed on the property (which is stated on the Building Division's website as a frequently asked
question). As such, the property owner is responsible for the outstanding enclosure permit, therefore,
the special conditions and circumstances are a result of actions of the applicant. The property owner
was aware that construction of a new screen enclosure required a building permit, and he signed a
building permit application affidavit which certified that "all work would be done in compliance with all
applicable codes, laws, rules and regulating governing construction and zoning". The applicant then
Page 4
306 SW 5th Ave (Jenkins)
File No. ZNCV 07-001
allowed the work to be done without a permit being posted on site as required, and without the proper
inspections. Staff believes that the variance would not have been necessary if the applicant had first
followed up on the permit before allowing the contractor to do the work. The applicant would have
been informed of the application review comments which noted that the permit request as presented
could not be approved, and the code regulations regarding the proper placement of a solid-roof screen
enclosure in the R-1-A zoning district.
c. That granting of the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
As mentioned in criteria "a" above, based on staff's research of properties within the Mango Heights
neighborhood, there are a few properties with screen enclosures constructed with permits and
inspections, and they complied with required setbacks without the need for a variance. These lots were
platted with the same or similar lot dimensions as the subject property and are located within the same
R-1-A zoning district. The minimum rear setback for the R-1-A zoning district was 25 feet and was
reduced to 20 feet in June, 2005. This standard setback for structures with solid roofs was established
to promote uniformity within the area, and to ensure accessibility for utilities maintenance, drainage,
and emergencies (there is an existing 6 foot easement for drainage and utilities along the rear property
line of the subject property). Furthermore, City records show no other similar variances have been
requested within this neighborhood. The granting of the variance requested would therefore set a
precedent for the area, which would be used as the basis for granting other variance requests with
similar circumstances in the future.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
Literal interpretation of the ordinance would not deprive the applicant of rights commonly enjoyed by
other properties in the same zoning district. Other properties have complied with the setback and
building permit requirements to enjoy their screen enclosures without the need for a variance. A screen
enclosure with a screen roof instead of a solid roof is allowed with a rear setback of eight (8) feet. The
applicants could obtain a building permit to have the solid roof removed and replaced with a screen roof,
and still enjoy a screened outdoor space without the need for a variance.
e. That the variance granted is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
The reasonable use of the land is for a single-family residence on each lot. Only a few residences within
the Mango Heights neighborhood have screen enclosures. However, the subject property contains
sufficient space for a screen-roof screen enclosure which could comply with the required setbacks
without setting a precedent by granting a variance.
f. That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Granting the requested variance would not be in harmony with the general intent and purpose of the
ordinance, which is directed toward health, safety, and welfare. In 1977 the property owner obtained a
building permit to pour a concrete slab for a patio. Documentation has not been submitted by the
applicant for any engineering inspections on this slab for its thickness and strength to support a solid
roof, and no building inspections have been performed. Approval of this variance request would require
Page 5
306 SW 5th Ave (Jenkins)
File No. ZNCV 07-001
the applicant to immediately apply for and obtain all required building permits and inspections, which
could result in the requirement for additional roof supports and modifications to the existing slab to
ensure a safe structure. It has been proven that no hardship exists, with the exception of economic
hardship to the applicants if the solid roof was replaced with a screen roof. However, the traditional
hardship criteria established in the City of Boynton Beach Code of Ordinances does not include any
provisions for economic hardship. The applicant has not submitted any letters from neighbors in
support of the requested variance. In addition, approval of this variance request could be construed as
condoning the construction of improvements without proper permits and inspections, and asking for
forgiveness after the fact.
g. For variances to minimum lot area or lot frontage requirements, that property is not available from
adjacent properties in order to meet these requirements, or that the acquisition of such property
would cause the adjacent property or structures to become nonconforming. Applicant shall provide
an affidavit with the application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property.
Criteria g. is not applicable, as the request is for a reduced rear setback, not a variance to lot area.
RECOMMENDATION
Nearly all variances would likely be denied if based solely on all criteria for determining hardship as
stated in the Land Development Regulations, Chapter 1.5, Section 4.1. However, the hardship appears
to be self-imposed, and the variance request could be avoided by replacing the solid roof on the screen
enclosure with a screen roof. Therefore, based upon these findings, staff recommends that this request
be denied. No conditions of approval are recommended; however, any conditions of approval added by
the Planning & Development Board or the City Commission will be placed in Exhibit "E" - Conditions of
Approval.
It should be stated that this analysis and recommendation were not influenced by the current existence
of the improvement, nor does it support or justify construction of any improvement without a permit, or
exempt the property owner from any penalty applicable to construction activity conducted without
proper permits and inspections.
S:\Planning\SHARED\WP\PROJEcrS\306 SW 5th Avenue Variance Jenkins\Staff Report.doc
Exhibit "A" - 306 SW 5th Avenue
Location Map
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Reply to Question A:
My neighbors to the East, South and West do not have a patio. My neighbor to the
North is across the street and I don't know if they have a patio. Our house was built
in the early nineteen seventies. At that time a permit was required to pour a
concrete foundation patio and granted; according to Boynton Beach records. Also,
the city of Boynton Beach was unable to rmd the permit that was pulled for the
patio screen enclosure. I was told by the city of Boynton Beach that records after
fifteen years are not available.
Reply to Question B:
When Hurricane Francis came thru our area in 2004 large mango tree branches
crushed my patio. I contracted a licensed contractor to remove my destroyed patio
and rebuild a new one. I instructed the contractor to rebuild it to the same
dimensions as the old patio. I then insisted that they pull permits from the city of
Boynton Beach before they started this project. I was assured by this contractor that
they would have the permit prior to starting the work. I'd like to note here that I
rented this property in 2000 and purchased it in 2002. The patio with the screened
enclosure was up in the year 2000. I did nothing to change it prior to Hurricane
Francis. The patio was an eyesore. It was old and had a pan roof. Had I known
that this patio did not have an original permit pulled for it when it was built, I never
would have bought the bouse. Had I not insisted that the repair work be done
under the proper code of Boynton Beach, I would not be having this problem now. I
am not the kind of person that does not do things by the book but in this case going
by the book has been a nightmare for my entire family.
Reply to Question C:
I don't think that the granting of my request of variance to the' building code of
Boynton Beach will give me any more privileges then any other homeowner in
Boynton Beach. This patio was here before any of the current residents in the
neighborhood moved into the area. My patio is in my backyard and cannot be seen
from the street or by my neighbors to the East, West or South.
Reply to Question D:
The issue here is that this patio was built before I rented this house in 2000. It was
built under the existing code of Boynton Beach at the time of construction; which
was in the mid to late 1970's. This was verified by the permit rIled with Boynton
Beach. Due to the fact that Boynton Beach does not have records past 15 years we
do not know for sure exactly when the patio was covered. But we do know it was
before the year 2000.
As I stated before due to Hurricane Francis destroying this existing patio I
contracted with J. White, a licensed contractor, to remove the damaged material
and rebuild a new one. Once again I want to reiterate that I insisted that J. White
obtain all the necessary permits prior to commencement; I wanted this done by the
book. I instructed my contractor that I wanted the new patio built to the same
dimensions as the old one. I was not made aware of the fact until one year later that
the permit had been denied.
I do not think that the granting of this exemption will in any way impede the
purpose of the building codes of Boynton Beach. As I said before the patio cannot
be seen from the street, it is in the backyard of my home and is completely fenced in
by a privacy fence. Since the year 2000 I have not received one complaint from my
neighbors on the old patio. This new patio, although built to the same dimensions as
the old one, is not an eyesore. It, in fact, improves the neighborhood.
I could have had the work done by an unlicensed handyman. The work could have
been completed and probably no one would have been the wiser. It is only because I
am the type of individual that follows the rules, regulations and laws that we are in
this situation today. If I had made changes to the size, shape and looks of the patio I
would expect to adhere to the code book to the letter; but I didn't change the size,
shape or looks. I kept it exactly the same.
Please don't instill undo hardship on me and my family by following the letter of the
law on this situation. My wife and I purchased this property because we loved
everything about it. We purchased in Boynton Beach because we believed it was a
great area to live and raise our children. One of the biggest reasons we fell in love
with this home was because of the patio; as we spend more of our time in the patio
than any other place else in the house excluding the bedrooms. So I ask you to
please, just once and only once, grant us this variance in the code book. To follow
the true spirit of the law instead of the letter of the law.
Response to Question E:
As I stated previously, I am pleading with the City of Boynton Beach to grant me
this variance so that I can keep my patio as is now stands.
Response to Question F:
Should the City of Boynton Beach respond to my request for variance in the true
spirit of the law it will in now way effect the safety, appearance or integrity of my
covered patio. The old patio was an eyesore to the neighborhood. It was old and
dilapidated. This new patio, built on the same ground and in the same dimensions,
has proven its safety and structural durability by withstanding the last hurricane of
2005. As I stated before because this patio is in the back of my house it is not visible
from any direction it will not have any effect on the value of the surrounding homes
in my neighborhood. However, if a perspective buyer of a neighboring home were
to come into my back yard this new patio would certainly have a positive effect on
home values.
Response to Question G:
My request for this variance has no effect on the requirements governing the lot
frontage. This variance request asks for allowing my patio roof line to extend just
five feet out, as the old patio did. This five foot extension in no way has any effect
on easement access. The property lot directly adjacent to this five foot roof line
extension is not for sale. This property is not for sale and consists of a one story
home. During the 6 years that I have lived here the five foot extension has never
caused a hardship on anyone attempting access to the easement. It also has never
caused a problem for my neighbor who lives adjacent to it.
AFFIDAVIT
The above mentioned conditions exist with respect to the acquisition of additional
property.
;~-:r.~"ri1.~< JOHN R. VIOlA
f.rJ;'\~ \W COMMISS'ON ~ 00 358755
~.~.~,= EXPIRES: .I~ll'lary 29, 2009
"'~Rr:ji-~" Bonded ThIU Notary PIi>Iic UndelWrilers
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306 S. W. 5tb Avenue
Boynton Beach, Fl. 33434-5552
~s: 30G S.W. 5th Avenue
'-"1 (lUll L
Legal: Mango Heiqhts
B1k.
Lt. 44
Use: ResMentia1
Zone: Rl!\.
Microfilm:
S $ 250.
Issue Pennit Final C.O.
Date No. contractor Architect CMner Valuation Fee Date No. Pw:pose
28/76 16621 H.A.P. Builder. 1st Pee'!. :II: 270. 40.AfI 12/28/71 9R711 C~p1ete existing strllc
Save & r,n (Sinqle Family )
118/77 77-0937 Wallin Roofing Kellar 1200. 6.00 7/27/77 reroof (24)
12/77 77-1590 Owner Keller 100. 8. 12/1/77 ~l1.ab
12/74 11106 International 1 fl.... Void Fam. Res.
/12/81 81-1336 Gutters Un11m ted Hotaling 120. 8. 6/22/8] gutter & downspout
~
9/
5
9
2/
6
ELFX:TRICAL
"
Issue permit Final '"
Date No. Contractor <Mner Valuation Fee Date Purpose
MEX::HANIC~
Issue pennit li';n",'
Date No. Contractor CMner Valuation Fee Date Purpose
PUlMBmG
-
Issue PerIni. t F1nal ,
Date No. Contractor CMner Valuation Fee Date Purpose
16052 Finch & Sons 1st Fed. 5. 5/19/76 ~ewer ("onn. Fix 10
~ ~
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-------- --------- ---~---~
'Property address
PCN . . . . . . .
\,)tj : q .j : L'J
306 SW 5TH AVE
08-43-45-28-39-000-0440
Type options, press Enter.
~=Application inq 3=Structure inq 4=Permit inq 5=Inspection inq
Opt Appl Nbr
04 00005807
97 00004511
96 00000254
94 00001741
86 00005759
F3=Exit
Type
SE
BL
RR
RR
DW
F12=Cancel
stat Date
PC 12/28/04
FI 9/17/97
AP 1/18/96
RJ 4/28/94
CL 6/13/86
Tenant Nbr/Name
REPLACE SCREEN ENCL
NEW GARAGE DOOR
20 SQUARES SHINGLES
SHINGLE TO SHINGLE
EXHIBIT "E"
Conditions of Approval
Project name: 306 SW 5th Avenue, Jenkins
File number: ZNCV 07-001
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
306 SW 5th Ave/ZNCV 07-001
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\306 SW 5th Avenue Variance Jenkins\ZNCV 07-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION ot- I Ht:
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 306 SW 5th Avenue Jenkins Variance
APPLICANT'S AGENT: Steven and Anna Lloyd Jenkins
APPLICANT'S ADDRESS: 306 SW 5th Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request to allow zoning code variance approval for a solid-roofed
screen enclosure at thirteen (13) feet from the rear property line in lieu of the twenty (20) feet
required by code for a single-family building in the R-l-A zoning district.
LOCATION OF PROPERTY: 306 SW 5th Avenue, Boynton Beach
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\306 SW 5th Avenue Jenkins\ZNCV 07-001\DO.doc
Meeting Minutes
Planning and Development
BovntDn Beach, Florida
January 23, 2007
Melissa Hudson, 1275 Gateway Boulevard was present on behalf of the project.
Chair Wische read the request for the one-year site plan time extension and indicated
the extension was subject to all the original conditions and staff comments. Ms. Hudson
was in agreement with those conditions.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Gabriel Weubben, Planner, reviewed the request as contained in the staff report and
recommended approval contingent upon satisfaction of all the comments indicated in
Exhibit C, Conditions of Approval.
Motion
Mr. Cwynar moved to approve the site plan time extension for site plan approval granted
on September 20, 2005, from September 20, 2006 to September 20, 2007. Ms.
Jaskiewicz seconded the motion that unanimously passed.
7. New Business
A. 306 SW 5th Avenue
Zonina Code Variance
1.
Project:
Agent:
Owners:
Location:
Descri ption:
306 SW 5th Avenue/Jenkins (ZNCV 07-001)
Steve and Anna Jenkins
Steve and Anna Jenkins
306 SW 5th Avenue
Relief from Chapter 2, Zoning, Section 5.D.2.a. of
the Land Development Regulations, requiring a
minimum rear setback of 20 feet, to allow a 7-foot
variance, resulting in a 13-foot rear setback for a
solid-roof screen enclosure on property zoned R-1-
A.
Chair Wische read the request for relief for setbacks to accommodate a solid screen
enclosure.
Kathleen leider, Planner reviewed the item and provided the project location. She
indicated a screen enclosure with a solid roof must comply with the setback
requirements for the zoning district and indicated the structure presently encroached
seven feet into the rear yard setback.
Staff reviewed the request against the criteria that needed to be met before the board
could grant a variance and announced there was no hardship. She cautioned granting
the request would set a precedent and could be construed to condone construction of
improvements without proper permits and inspections, and asking for forgiveness after
4
Meeting Minutes
Planning and Development
BoyntDn Beach, Florida
January 23, 2007
the fact. Ms. Zeitler advised the hardship appeared to be self-imposed and the request
could be avoided by replacing the solid roof on the screen enclosure with a screen roof.
Staff recommended denial of the request.
SIeve and Anna Jenkins, 306 SW 5th Avenue, were present. Mr. Jenkins admitted, as it
was brought to the attention of the board, that as the homeowner he should have been
familiar with the laws and regulations of the City. He advised he purchased the home
in 2002 with the screen enclosure and roof already there. Hurricane Francis knocked
the structure down. He contracted with J. White to have the enclosure put back up. J.
White advised Mr. Jenkins he had a permit and had applied for the permit. The patio
was replaced and a year later Mr. Jenkins was advised he was in violation of the Code.
The home was constructed in 1973 with the enclosure pre-existing and all he did was
replace a damaged existing structure. He had no knowledge of the Codes and did
everything the City asked him to do. He applied for the variance. He advised the Code
Compliance Officer informed him he did not need to attend the Code Compliance Board
meeting and directed him to the City Engineer's office to ask for a permit. He has been
dealing with this for two years. He announced his neighbors do not even know they
have a patio enclosure. The matter arose because he had the contractor go down
legally to obtain a permit and the contractor never advised him the permit was denied.
Anna Jenkins testified they heard nothing from the contractor advising he could not
obtain a permit but could apply for a variance. Ms. Jenkins indicated the contractor was
fined and Mr. Blasie, Code Compliance Administrator requested she bring in her
contract, the cancelled checks and anything else she had to assist them with the issue.
She researched the issue and in 1977, a permit for the patio slab was issued. There
was never a permit pulled for the enclosure and Ms. Jenkins further emphasized the
contractor failed to apprise them there was never a permit for the enclosure to begin
with. The patio was the reason why they purchased the home and where they spent
their time.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Ms. Jaskiewicz announced she visited the home and tried to view the structure but there
was a privacy fence. She drove behind the home and the structure was not visible. She
noted the home was not the only home with a hard roof on the enclosure in that area.
She expressed if they applied for a variance before the structure was put up, she could
see no reason why it could not be granted and she did not feel granting the request
would be setting a precedent. The board would be dealing later with a Planned Unit
Development modification that had far less square feet and homeowners could build
closer to the setbacks than this request.
Ms. Jaskiewicz commented replacing the screen with the hard roof does not serve the
same purpose as a screened roof. She disagreed with staff and thought an allowance
5
Meeting Minutes
Planning and Development
BoyntDn Beach, Florida
January 23, 2007
should be made and the variance granted. She emphasized the permits, fees and
inspections were put in place and thought investigating why Mr. White did not get the
permits would be appropriate. Ms. Jaskiewicz contended Mr. White should be
responsible for it.
Ms. Zeitler pointed out the City was aware the contractor failed to inform the
homeowner they had not obtained the permits. She pointed out, however, when
homeowners hire contractors, they are responsible for ensuring the proper permits and
inspections occur. She reported the permit issued in 1977 for the patio slab was for an
open patio, and was not structurally engineered to support a solid roof.
Mr. Cwynar took exception that comments about the patio were included in the report
that were not factual. He indicated comments not confirmed as fact should not be
contained in the report or put on the record
Mr. Casaine thought the rules in place should be respected and individuals should be
responsible. In this instance there was a roof on the patio prior to the storm damaging
it. He was familiar with the area and noted there were other such structures. He
thought if the homeowner was replacing something in existence prior to the purchase,
an exception should be made. Mr. Casaine recognized something went wrong in the
process, and there was not an inspection when they purchased the property. He felt
granting an exception in this instance would be fair.
Mr. Saberson complimented staff for applying the criterion in the Code against the
project. The structure was an illegal structure and never permitted. He indicated if a
permit was not obtained to rebuild it, the structure was still illegal. He agreed it was the
owner's responsibility to ensure permits and inspections for the structure took place, but
further indicated he had mixed emotions about the request. He agreed with comments
Ms. Jaskiewicz made earlier about the Planned Unit Development (PUD) modification
requests. He pointed out PUD requests provided blanket exceptions. When someone
applied for a variance on a single-family lot outside of a PUD, the standard variance
criteria is applied. He thought there were two different criteria and in this instance he
could support this request.
Ms. Grecvic commented the survey from 1982 showed the covered patio. Ms. Zeitler
advised they had records for all permits issued under the address, which were contained
in Exhibit D. A permit application for a new screen enclosure was applied for in 1997.
Fifteen years is how far back they can search on the microfilm. Ms. Grecvic inquired
what occurred in 1982 that warranted the survey. The staff records did not indicate any
permit activity for that year. Ms. Zeitler acknowledged the screen enclosure shown on
the survey did not have a permit and that there were multiple owners at the address.
Ms. Grecvic did not believe the applicants should be penalized.
Chair Wische asked staff if they were aware J. White applied for the permit, which was
not granted. Ms. Zeitler confirmed they were aware and that they spoke with Ms.
Jenkins about alternative options. The record reflected J. White was contacted twice to
6
Meeting Minutes
Planning and Development
BoyntDn Beach, Florida
January 23, 2007
advise the permit was on hold until revisions could be made to the setbacks. The permit
was in the system for several months before it expired and at that time it needed to be
renewed and a letter generated advising the applicant of such.
Mr. Slehar commented this situation occurs frequently and prospective homeowners are
not made aware of such issues when the homes are listed. Ms. Grecvic, a realtor, took
exception to the comment. Mr. Slehar felt problems with property were never disclosed
to the buyer.
Attorney Tolces advised while realtors and builders have certain obligations to disclose,
the prospective homebuyer also had a concurrent obligation to conduct due diligence to
discover whether permits existed for the structure they were purchasing.
Motion
Mr. Cwynar moved to approve the request for relief from Chapter 2, Zoning, Section
5.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20
feet, to allow a 7-foot variance, resulting in a 13-foot rear setback for a solid-roof screen
enclosure on property zoned R-1-A. Mr. Casaine seconded the motion.
Attorney Tolces recommended including in the motion they make a specific finding as
provided in Chapter 1.5, Article 1, Section 4.1D.1A-G, that the application for the
variance meets those requirements.
vote
Mr. Cwynar amended his motion to incorporate the recommended language into his
motion. Mr. Casaine amended his second. The motion passed 6-1 (Mr. B/ehar
dissenting).
S. The Learning PlacE n (SPTE 07-(01)
Site Plan lime Extension
Descri ption:
The Learning PlacE n (SPTE 07-(01)
Scott and Catherine Freeland
Scott and Catherine Freeland
8518 Lawrence Road; east side of Lawrence Road,
immediately south of Citrus Cove Elementary
School and the LWDD L-21 Canal.
Request for a one (1) year site plan time extension
for site plan and Conditional Use (COUS 04-006)
approval granted on October 18, 2005, from
October 18, 2006 to October 18, 2007.
1.
Project:
Agent:
Owners:
Location:
Attorney Tolces administered the oath to individuals intending to testify who were not
previously sworn in.
7
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Offi ce
0 December 5, 2006
0 January 2, 2007
0 January 16, 2007
0 February 6, 2007
November 20, 2006 (Noon,) ~ February 13, 2007
December 18,2006 (Noon) 0 March 6, 2007
January 2, 2007 (Noon) 0 March 20, 2007
January 16, 2007 (Noon) 0 April 3, 2007
February 20. 2007 (NlQD)
-J
C-
March 5, 2007 (Noon) :P"
%
N
March 19,2007 (NoonW
-U
3
rs;
February 5, 2007 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
~
o
o
o
o
o
Legal
UnfInished Business
City Manager's Report
New Business
AnnouncementslPresentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 06-205.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Cortina at Boynton Village (SPTE 06-012)
Stephen B. Liller, K. Hovnanian Homes
Hovstone Properties Florida, LLC
Boynton Village, northeast corner of Old Boynton Road and Congress A venue
Request for a one (1) year site plan time extension for site plan approval granted on
September 20, 2005, from September 20, 2006 to September 20, 2007.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
Assistant to City Manager
~
iJ~
Planning and Zo n Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 06-012\Agenda Item
Request Cortina @ Boynton Village SPTE 06-012 2-13-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-205
STAFF REPORT
Chair and Members
Planning and Development Board and
Mayor and City Commission
Gabriel Wuebben ~. ,.) .
Planner '"' ,(J /
Michael W. RumPfW
Director of Planning and Zoning
November 14, 2006
Cortina at Boynton Village / SPTE 06-012
Site plan time extension for 458 fee-simple townhouse units on a 30.29-
acre parcel in the SMU Suburban Mixed-Use zoning district.
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
PROJECT DESCRIPTION
The Klatt Family Partnership & Klatt Enterprises, Inc.
Hovstone Properties Florida, LLC
Mr. Steve Liller with Hovstone Properties Florida, LLC
Northeast corner of Old Boynton Road and Congress Avenue, just south of
the SFWMD C-16 canal (see Location Map - Exhibit "A")
Mixed Use Suburban (MX-S)
Suburban Mixed Use (SMU)
458 townhouse units
30.29-acre portion of the 106.5-acre parcel
Right-of-way for the SFWMD C-16 Canal, then farther north is developed
property with town homes from Phase I of the Renaissance Commons
Master Plan with a Suburban Mixed Use (MX-S) land use classification,
zoned Suburban Mixed Use (SMU);
Right-of-way for Old Boynton Road, then farther south is developed
Staff Report - Cortina at Boynton Village (SPTE 06-012)
Memorandum No PZ 06-205
Page 2
commercial property (Oakwood Shopping Center), with a Local Retail
Commercial (LRC) land use classification, zoned Community Commercial
(C-3);
East:
Right-of-way of the LWDD E-4 Canal, then farther east is developed single
family residential (Sky Lake) with an Low Density Residential (LDR) land
use classification, zoned Single Family Residential (R-l-AA); and
West:
Immediately west is right-of-way for the proposed main north/south road
within the Boynton Village and Town Center Master Plan. Northwest is
undeveloped property proposed for condominium use within the Boynton
Village and Town Center Master Plan with a Suburban Mixed Use (MX-S)
land use classification, zoned Suburban Mixed Use (SMU). Southwest is
undeveloped property proposed for commercial use within the Boynton
Village and Town Center Master Plan with a Local Retail Commercial (LRC)
land use classification, zoned Community Commercial (C-3), then farther
west is right-of-way for Congress Avenue, still farther west is developed
commercial property (Boynton Beach Mall).
BACKGROUND
Mr. Steve Liller with Hovstone Properties Florida, LLC, is requesting a one (1) year site plan time extension
for an approved new site plan approval (NWSP 05-001) to construct a large townhouse development
within the 81.84-acre mixed-use project. The project will consist of 458 fee-Simple townhouse units. All
units will have three (3) bedrooms with some units designated as live/work units. If this request for
extension were approved, the expiration date would be extended to September 20, 2007.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve one (1) year time extensions, provided that the
applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the extension request
September 18, 2006 - two (2) days prior to the expiration of the site plan.
The developer has indicated that recent changes in the local real estate market have compelled
K. Hovnanian Homes to review and reconsider the product they intend to construct. The renewed effort
will concentrate on creating more variety in product affordability, as mixed live/work units will combine
with both two (2) and three (3) story townhomes to welcome a broader range of potential end users. The
developer states that site plan amendments and revising the recorded plat is estimated to delay the
project up to six (6) months. In the meantime, all land development permits for infrastructure and
construction have been obtained with the exception of the Boynton Beach land development permit, which
has been submitted to the City and is awaiting the Parks and Recreation impact fee. The Cortina plat has
also been approved and recorded.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
Staff Report - Cortina at Boynton Village (SPTE 06-012)
Memorandum No PZ 06-205
Page 3
requirements. A letter from Palm Beach County Traffic Engineering was received indicating that the entire
Master Plan meets the traffic performance standards, with a series of conditions which limit or time
aspects of the development with certain roadway improvements. The site plan time extension would still
be subject to the original conditions of site plan approvals, 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 the adoption of Ordinance 05-060
RECOMMENDATION
Staff has reviewed this request for site plan time extension, and recommends approval, contingent upon
successfully satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional
conditions recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECfS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 06-012\Cortina SPTE 06-
012 Staff Report.doc
Exhibit "A" - Cortina
Location Map
SMU - Suburban Mixed Use
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September 15, 2006
City of Boynton Beach
Planning and Zoning Division
Attn: Mike Rwnpf
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
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SEP I 8 2006 L
Dear Mike:
PLflNNING fiNO
ZO~Pl
Please accept this letter as a written request for a time extension to our approved site plan and
Development Order for Cortina. Our site plan expiration date is September 20, 2006 by which time a building
permit must be issued. K Hovnanian Homes (fka To'..Vtl and Country Homes) will not have issued a building
permit by this date.
Based on the recent decline in the housing market, K Hovnanian Homes feels it is necessary to review and
rethink the product type approved at Cortina. In order to meet the needs of the current market, we have
worked together with the City to maintain our site plan layout and unit count of 458. We are, however, creating
a product mix to include live/work units, front load and rear load 3 story townhomes, and front load and rear
load 2 story townhomes. We feel the product mix will create variety in price and options to welcome a variety
of end users. The process of amending the site plan and revising the recorded plat is estimated to take up to
(6) six months therefore we are requesting a (1) one year time extension to allow for the necessary time to
revise and approve our site plan and plat.
Please note to date, all land development permits for infraSlTucture and construction have been obtamed
with the exception of the Boynton Beach land development permit. This permit has been submitted to the
City and awaits the Parks and Recreation impact fee for approval. In addition, the Cortina plat has been
approved and recorded. We have worked diligently to date to meet the required dates; however, the unexpected
change in the market has halted our progression.
We would like to offer in advance, our appreciation for your time and approval of the requested time
extension to Cortina. We look forward to continued success working with the City as we move forward.
Stephen B. Liller
Vice President of Land Development and
Acquisition
1275 GATEWAY BOULEVARD, SUITE 101, BOYNTON BEACH, FL 33426
TEL: (561) 364-3300 khov.com
EXHIBIT "e"
Conditions of Approval
Project name: Cortina at Boynton Village
File number: SPTE 06-012
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval. X
Cortina at Boynton Village! SPTE 06-012
Conditions of Approval
Page 2
\ DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
To be determined
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHAREDlWP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001\SPTE 06-012\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Cortina at Boynton Village
APPLICANT:
APPLICANT'S AGENT:
AGENT'S ADDRESS:
Hovstone Properties Florida, LLC
Mr. Steve Liller with Hovstone Properties Florida, LLC
1275 Gateway Boulevard, Suite 101, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 13, 2007
TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20, 2007, for
458 fee-simple townhouse units on a 30.29-acre parcel in the SMU
Suburban Mixed-Use zoning district.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal (see Location Map - Exhibit "A")
DRAW/NG(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHAREo\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village Cortina NWSP 05-001\SPTE 06-
012\DO.doc
Meeting Minutes
Planning and Development
aavmoo Beach, Florida
January 23, 2007
Hanna MatIas, Economic Planner, advised the board the State was requiring all local
governments in Florida have a program for traffic concurrency. They missed the
December 1, 2006 deadline because the Department of Community Affairs (DCA) was
not clear whether the City would fall under the purview of the County, who was in
charge of traffic concurrency programs. This item would add Article 8 to Chapter 1.5
and amended Concurrency Requirements, Chapter 6.
The program provided a methodology for developers, when they added road capacity
over the adopted Level of Service (LOS) to pay its share towards improvements of the
impacted facilities. The Ordinance was drafted by the Department of Transportation at
the request of DCA, and contained all the State requirements. Ms. Matras explained the
formula was complex and was contained in the Ordinance.
When trips generated by new development cause the road to exceed the adopted LOS,
the developer will contribute towards their improvements if those facilities were going to
be improved by the City and were contained within the City's Five-Year Capital
Improvement Plan. At this juncture, there are no capital improvements for local roads;
only repaving is required. In the future when capital improvements fall within the City's
jurisdiction, the program could be used. For the present moment, the City has to have
the program because the State requires it. Ms. Matras recommended the board approve
the amendment.
Mr. Cwynar asked what Level of Service was being used. Ms. Matras responded they
were looking at Level of Service "0", which is contained in the adopted Comprehensive
Plan and in the Code.
MotioIl
Ms. Jaskiewicz moved to approve the amendment. Mr. Saberson seconded the motion
that passed 6-1 (Mr. Cwynar dissenting).
6. Unfinished Business:
A. Cortina at BoyntDI1 Village
Site Plan ExteI1sioo
Description:
Cortina at BoyntDI1 Village (SPTE O6-OU)
Stephen B. Liller, K. Hovanian Homes
Hovstone Properties Florida, LLC
Boynton Village, northeast corner of Old Boynton
Road and Congress Avenue.
Request for a one year site plan time extension for
site plan approval granted on September 20, 2005,
from September 20, 2006 to September 20, 2007
1.
Project:
Agent:
Owner:
Location:
3
Meeting Minutes
Planning and Development
BoyntDn Beach, Florida
January 23, 2007
Melissa Hudson, 1275 Gateway Boulevard was present on behalf of the project.
Chair Wische read the request for the one-year site plan time extension and indicated
the extension was subject to all the original conditions and staff comments. Ms. Hudson
was in agreement with those conditions.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Gabriel Weubben, Planner, reviewed the request as contained in the staff report and
recommended approval contingent upon satisfaction of all the comments indicated in
Exhibit C, Conditions of Approval.
Motion
Mr. Cwynar moved to approve the site plan time extension for site plan approval granted
on September 20, 2005, from September 20, 2006 to September 20, 2007. Ms.
Jaskiewicz seconded the motion that unanimously passed.
7. New Business
A. 306 9N 5th Avenue
Zonil19 Code Variance
1.
Project:
Agent:
Owners:
Location:
Description:
306 9N 5th Avenue/Jenkins (ZNCV 07-001)
Steve and Anna Jenkins
Steve and Anna Jenkins
306 SW 5th Avenue
Relief from Chapter 2, Zoning, Section 5.D.2.a. of
the Land Development Regulations, requiring a
minimum rear setback of 20 feet, to allow a 7-foot
variance, resulting in a 13-foot rear setback for a
solid-roof screen enclosure on property zoned R-1-
A.
Chair Wische read the request for relief for setbacks to accommodate a solid screen
enclosure.
Kathleen zeiUer, Planner reviewed the item and provided the project location. She
indicated a screen enclosure with a solid roof must comply with the setback
requirements for the zoning district and indicated the structure presently encroached
seven feet into the rear yard setback.
Staff reviewed the request against the criteria that needed to be met before the board
could grant a variance and announced there was no hardship. She cautioned granting
the request would set a precedent and could be construed to condone construction of
improvements without proper permits and inspections, and asking for forgiveness after
4
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D December 5, 2006 November 20,2006 (Noon.) [gJ February 13,2007
D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007
D January 16, 2007 January 2,2007 (Noon) D March 20, 2007
D February 6, 2007 January 16, 2007 (Noon) D April 3, 2007
Date Final Form Must be Turned
in to City Clerk's Office
February 5, 2007 (Noon)
February 20, 2007 (Noon)
o
March 5, 2007 (Noon) -'
'-
::Do
March 19,2007 (Noon):Z;
N
..r::-
-0
D Announcements/Presentations D City Manager's Report ::::!:
NATURE OF D Administrative D New Business ~
AGENDA ITEM D Consent Agenda D Legal ..r::-
D Code Compliance & Legal Settlements D Unfinished Business
[gJ Public Hearing D
RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 06-215.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
The Learning Place II (SPTE 07-001)
Scott and Catherine Freeland
Scott and Catherine Freeland
8518 Lawrence Road, east side of Lawrence Road, immediately south of Citrus Cove
Elementary and the LWDD L-21 Canal.
Request for a one (1) year site plan time extension for site plan and conditional use
approval (COUS 04-006) granted on October 18, 2005, from October 18, 2006 to
October 18,2007.
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Develop
~
City Manager's Signature
c~
Assistant to City Manager
tc()~ C A IF
anmng an 0 g lrector Ity ttomey mance
S:\Planning\SHARED\WP\PROJECTS\Learning Depot - Learning Place 1I\Learning Place 1I\SPTE 07-001 \Agenda Item Request The Learning Place 11
SPTE 07-001 2-13-07,doc
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REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-215
Chair and Members
Planning and Development Board
i..
Michael Rump~"J
Director of Planning and Zoning
Kathleen Zeitler ICZ~
Planner
January 16, 2007
The Learning Place II (SPTE 07-001)
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owners:
Applicant I Agent:
location:
Existing land Use:
Existing Zoning:
Proposed land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
Scott and Cathy Freeland
Scott and Cathy Freeland
8518 Lawrence Road (see Location Map - Exhibit "A")
Low Density Residential (LDR)
Single-family Residential (R-1-AAB)
No change proposed
No change proposed
7,800 square foot Day Care Center
0.839 acre (36,588 square feet)
Right-of-way for Lake Worth Drainage District (LWDD) Canal L-21, then farther
north is a developed school (Citrus Cove Elementary School), classified Low
Density Residential (LDR) land use and zoned Single-family Residential (R-1-
AA);
Developed property classified Low-density Residential (LDR) and zoned Single-
family Residential (R-l-AAB);
Right-of-way for Lawrence Lake Drive, then farther east are developed lots for
single-family homes (Lawrence Lakes Estates) classified Low Density Residential
(LDR) and zoned Planned Unit Development (PUD); and
Page 2
Memorandum No. PZ 06-215
The Learning Place II (SPTE 07-001)
West:
Right-of-way for Lawrence Road, then developed single-family homes
(Sausalito) classified Moderate Density Residential (MoDR) and zoned Planned
Unit Development (PUD).
BACKGROUND
Scott and Cathy Freeland (property owners) are requesting a one (1) year site plan time extension for The
Learning Place II New Site Plan and Conditional Use Development Order (COUS 04-006), which was approved
by the City Commission on October 18, 2005. The site plan approval was valid for one (1) year from the date
of approval. If this request for a one (1) year time extension were approved, the expiration date of this site
plan would be extended to October 18, 2007.
The subject property is a vacant, undeveloped lot located on the east side of Lawrence Road approximately
1,100 feet north of Gateway Boulevard (see Exhibit "A" - Location Map). According to the staff report for the
approved site plan and conditional use (COUS 04-006), the proposed Learning Place II was approved for a
7,800 square foot day care center on a 0.839-acre parcel in the R-1-AAB zoning district. The proposed
nonresidential use is a conditional use in the R-1-AAB residential zoning district. Staff reviewed and
evaluated the project according to the standards for conditional uses, and reviewed the site plan for
compliance with the Land Development Regulations. The project was approved subject to 41 original
conditions of approval.
ANALYSIS
According to Chapter 2, Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the
proposed project is to be developed. A condition of site plan approval requires a period of one (1) year be
allowed to obtain a building permit for the project. Examples of building permits include but are not limited to
the following: Plumbing, electrical, mechanical, foundation, and structural. The Land Development
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
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on October 18, 2006, the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "B''), the applicant
explains that the delay was mostly due to securing financing for the project, which has now been completed
through Wachovia Bank, and an additional one (1) year is needed to complete the permit process.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division reviewed the project traffic statement during the new
site plan approval process, but withheld approval of the project for traffic concurrency until additional
information was supplied by the applicant. The Traffic Division's response to the submitted traffic statement
required a revised traffic study prepared by a registered engineer in conjunction with the requirements of the
Traffic Performance Standards, and a build-out date. A traffic concurrency determination, although discussed
in the staff report in detail, was not included as a condition of site plan approval. Staff is therefore
recommending a condition of approval for the site plan time extension that requires traffic concurrency
approval, including a project build out date, prior to the issuance of a building permit for the project.
The site plan time extension is still subject to the original 41 conditions of the new 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.
Page 3
Memorandum No. PZ 06-215
The Learning Place" (SPTE 07-001)
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for one (1) year time extension of the new site plan / conditional
use (COUS 04-006) for The Learning Place II project. If this request for extension were approved, the
expiration of this site plan would be extended to October 18, 2007. If this request for site plan time extension
is approved, all outstanding conditions of approval from the new site plan must still be satisfactorily addressed
during 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:\Planning\SHARED\WP\PROJECTS\Learning Place II\SPTE 07-001 \Staff Report.doc
Exhibit "A" - The Learning Place
Location Map
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EXHIBIT "B"
The Learning Place n
10855 Canyon Bay Dr.
Boynton Beach F1.33437
Dear City Commission,
We are requesting an extension on our conditional use approval
to finish the permit process of our project. The reason for the
delay was mostly due to securing financing which has been
completed through Wachovia bank. The landscape plan and the
irrigation plan have also been completed. We are intent on moving
forward with this project and would need an additiona112 months
to complete the permit process. Thank you for your cooperation
on this matter.
Sincerely,
Scott and Cathy Freeland
EXHIBIT "C"
Conditions of Approval
Project name: The Learning Place II
File number: SPTE 07-00 I
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
l. The site plan time extension shall be subject to all previous Conditions of X I
Approval.
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. Prior to the issuance of a building permit, provide a traffic analysis and notice X
of concurrency approval (Traffic Performance Standards Review) from Palm
Beach County Traffic Engineering.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. I I I
S :\Planning\SHARED\ WP\PROJECTS\Leaming Place I1\SPTE\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
The Learning Place II
APPLICANT'S AGENT:
Scott and Cathy Freeland
APPLICANT'S ADDRESS:
10855 Canyon Bay Drive, Boynton Beach, FL 33437
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
lYPE OF RELIEF SOUGHT:
Request a one (1) year site plan time extension until October 18,
2007, for construction of a 7,800 square foot day care center on a
0.839-acre parcel in the R-1-AAB zoning district.
LOCATION OF PROPERlY:
8518 Lawrence Road (east side of Lawrence Road, approximately
1,100 feet north of Gateway Boulevard).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came 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:IPlanningISHARED\WPIPROJECTSILearning Place IIISPTE 07-0011DO,doc
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Meeting Minutes
Planning and Development
BayntDn Beach, Florida
January 23, 2007
advise the permit was on hold until revisions could be made to the setbacks. The permit
was in the system for several months before it expired and at that time it needed to be
renewed and a letter generated advising the applicant of such.
Mr. Slehar commented this situation occurs frequently and prospective homeowners are
not made aware of such issues when the homes are listed. Ms. Grecvic, a realtor, took
exception to the comment. Mr. Slehar felt problems with property were never disclosed
to the buyer.
Attorney Tolces advised while realtors and builders have certain obligations to disclose,
the prospective homebuyer also had a concurrent obligation to conduct due diligence to
discover whether permits existed for the structure they were purchasing.
Motion
Mr. Cwynar moved to approve the request for relief from Chapter 2, Zoning, Section
5.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20
feet, to allow a 7-foot variance, resulting in a 13-foot rear setback for a solid-roof screen
enclosure on property zoned R-1-A. Mr. Casaine seconded the motion.
Attorney Tolces recommended including in the motion they make a specific finding as
provided in Chapter 1.5, Article 1, Section 4.1D.1A-G, that the application for the
variance meets those requirements.
vote
Mr. Cwynar amended his motion to incorporate the recommended language into his
motion. Mr. Casaine amended his second. The motion passed 6-1 (Mr. B/ehar
dissenting).
B. The Learning PlacE n (SPTE 07-001)
Site Plan lime Extension
Descri ption:
The Learning PlacE n (SPTE 07-001)
Scott and Catherine Freeland
Scott and Catherine Freeland
8518 Lawrence Road; east side of Lawrence Road,
immediately south of Citrus Cove Elementary
School and the LWDD L-21 Canal.
Request for a one (1) year site plan time extension
for site plan and Conditional Use (COUS 04-006)
approval granted on October 18, 2005, from
October 18, 2006 to October 18, 2007.
1.
Project:
Agent:
Owners:
Location:
Attorney Tolces administered the oath to individuals intending to testify who were not
previously sworn in.
7
Meeting Minutes
Planning and Development
aovmoo Beach, Florida
January 23, 2007
Chair Wische read the request and reminded the applicant that all prior conditions of
approval applied.
Scott Freeland, 10855 Canyon Bay Lane agreed to all the conditions of approval.
Kathleen Zeitler reviewed the request and explained financing caused the delay. Staff
recommended approval of the request subject to all prior conditions of approva, a traffic
analysis and notice of concurrency approval be provided prior to the issuance of a
building permit.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Motion
Mr. Casaine moved the request for the one (1) year site plan time extension for site plan
and conditional use approval granted on October 18, 2005, from October 18, 2006 to
October 18, 2007 be approved with all staff conditions. Mr. Cwynar seconded the
motion that unanimously passed.
C. Fire Station #5
eomm.unitv Desian Plan ADDeaI
Description:
Fire Station #5 (CDPA 07-001)
David Stump, Project Manager, Engineering
Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High
Ridge Road, south of Gateway Boulevard
Request for Community Design Plan appeal
approval to allow overhead bay doors to face High
Ridge Road.
1.
Project:
Agent:
Owners:
Location:
Chair Wische read the item and announced the request would allow the overhead bay
doors to face High Ridge Road.
David Stunp, Sr. Project Manager for the City of Boynton Beach, explained the
operating doors would directly face High Ridge Road. In the process, they developed an
hourglass concrete outlet onto High Ridge Road to minimize the view with the doors
being open. He explained the main issue was that during emergency situations, timing
was of the essence. It was practically impossible to utilize a side entry garage with the
size of the vehicles. They added extensive landscaping in the area.
Ed Breese, Principal Planner, announced staff recommended approval of the request
based, in part, with the response time. With the addition of the hourglass driveway,
additional landscaping, and construction of pilasters between the doors, the fa<;ade was
8
VIII.-PUBLIC HEARING
ITEM D.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) ~
D January 2, 2007 December 18,2006 (Noon) D
D January 16, 2007 January 2, 2007 (Noon) D
D February 6, 2007 January 16,2007 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
February 13,2007 February 5, 2007 (Noon)
March 6, 2007 February 20, 2007 (Noon)
March 20, 2007
March 5, 2007 (Noon) 5
C-
March 19,2007 (Noon:6:
N
+:""
April 3, 2007
NATURE OF
AGENDA ITEM
D AnnouncementslPresentations
D Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
~ Public Hearing
D City Manager's Report -0
:::E:
D New Business N
D Legal
D +:""
Unfinished Business
D
RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 07-001.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
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Fire Station #5 (CDPA 07-001)
David Stump, Project Manager, Engineering Division
City of Boynton Beach
Quantum Park lots 81 and 82, east side of High Ridge Road, south of Gateway Boulevard
Request for Community Design Plan Appeal approval to allow overhead bay doors to
face High Ridge Road.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Develop
City Manager's Signature
Assistant to City Manager ~
JL,0~,~_
Planning and ni g Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Fire Station #5\CDPA\Agenda Item Request Fire Station #5 CDPA 07-001 2-13-07,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 07-001
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
TO:
Chair and Members
Planning and Development Board
-'-t. ~ \::> ~
Michael W. Rumpf ~
Planning and Zoning Director
Ed Breese, Principal Planner ~
January 3, 2007
THRU:
FROM:
DATE:
SUBJECT:
Fire Station #5 - CDPA 07-001
Appeal of Chapter 9 - Community Design Plan (Overhead Doors)
NATURE OF REQUEST
David Stump, Project manager, representing the City of Boynton Beach Engineering Department, is
requesting approval of a Community Design Plan Appeal to allow overhead bay doors facing High Ridge
Road (see Exhibit "B" - Proposed Elevations). This appeal is being submitted in conjunction with a site plan
application (NWSP 07-002).
BACKGROUND
The City proposes to construct a two-story, 47,739 square-foot fire rescue station/ fire administration office
building, along with the City EOC (Emergency Operations Center), on a 4.47-acre parcel on the east side of
High Ridge Road, just south of Gateway Boulevard (see Exhibit "A" - Location Map).
According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, High Ridge
Road is listed as a roadway where building elevations shall not display overhead bay doors. Due to their
high degree of visibility, these major roadways within the City are subject to higher standards related to
building appearance.
ANAL YSIS
The restriction of prohibiting the bay doors to face High Ridge Road is predicated on the concept that the
roadway is very visible and overhead bay doors tend to be more unsightly than the typical architectural
features on the front of office/commercial buildings. Secondly, when the bay doors are in an open position,
a clear view into the inner workings of a business is afforded, which in many instances, may not be the
most attractive aspect of the business, particularly where vehicles are serviced or merchandise is stored.
High Ridge Road, as well as the other roadways listed in Chapter 9, Section 11.J. of the Land Development
Regulations, are considered entrances into the City and carry a considerable amount of daily traffic.
Buildings located on these roadways should be held to a higher level of architectural standards.
The Design Appeal process is appropriate in this instance given the unique nature of the fire rescue
operation and the rapid response necessity, combined with the typically well-maintained appearance of
such facilities. Since in many instances, every second counts, having immediate access to the main
thoroughfare (High Ridge Road) can substantially improve the response times, as opposed to driving
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Page 2
Memorandum No. PZ07-001
Fire Station #5
CDPA 07-001
through a long parking lot before entering the highway. Accordingly, the architects have proposed an
architecturally interesting building with a great deal of design character (see Sheets A-201 & A-202). The
modern architecture more closely resembles many of the industrial warehouse/office buildings already built
in Quantum Park than a series of apparatus bays of a fire station. They have also proposed painting the
overhead doors one of the matching accent colors of the building, in order that the doors blend with the
building as much as possible, without creating one long wall of a single color. To further that effort, the
building was designed with protruding columns between each of the doors on the apparatus bay to visually
minimize the linear effect of the bay doors. Additionally, standard operating procedure is for the bay doors
to be closed, thus obscuring any storage, daily operations, or the things people generally find objectionable
about open garage bays. Also, the throat of the driveway has been narrowed to provide greater
landscaping opportunities. Lastly, the Architects' design of a lush, colorful landscape theme along the front
of the fire rescue station, in combination with the Quantum Park streetscape on High Ridge Road, should
help soften any impact from the orientation of the bay doors (see Sheet L-1 01).
Previous Community Design Plan Appeals (CDPA) involving overhead garage bay doors have been
approved for projects along High Ridge Road. In November of 2002, the City Commission approved a
CDPA for the Premiere Interstate parcel just south of the CarMax property. The reasoning behind the
approval stems from the fact that the overhead bay doors facing High Ridge Road would be preferable to
orienting them on the back of the buildings facing the Interstate, since the sheer number of vehicles
(volume of traffic) traveling on 1-95 far exceeds that on High Ridge Road. A second approval was granted
on January 21,2003, and involved High Ridge Commerce Center II, a project north of Gateway Boulevard
on the west side of High Ridge Road, immediately north of Canterbury Townhomes. For this project, there
were unique site characteristics and constraints, due to the long and narrow configuration of the parcel,
combined with the fact that 25% of the site was set aside for preservation of the A-rated Scrub habitat on
the western portion of the property. Since the building was designed for smaller tenants requiring overhead
bay doors on two sides of their bays and that the narrowness of the parcel would not allow the buildings to
be oriented in another direction so the doors could face north/south, inevitably the doors had to face High
Ridge Road. Lastly, due to the termination of the road at the High School around the corner, and the types
of businesses south of the subject site, this segment of High Ridge Road has relatively low volumes of
traffic in contrast with the other roadways contemplated under the Community Design Plan regulations for
overhead bay doors.
RECOMMENDATION
Based on the analysis contained herein, staff recommends approval of this request to locate the overhead
bay doors facing High Ridge Road. No conditions of approval are recommended; however, any conditions
of approval recommended by the Board or City Commission will be placed in Exhibit "0" - Conditions of
Approval.
S:\Planning\SHARED\WP\PROJECTS\Fire Station #5\CDPA 07-001 \staff report.doc
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BY
EXHIBIT "C"
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3001 PGA Boulevard, Suite 300
Palm Beach Gardens, FL 33410
(561) 904-7400 Tel
(561) 904-7401 Fax
December 11, 2006
City of Boynton Beach
Planning and Zoning Department
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Boynton Beach Fire Rescue Station #5/ EOC
Community Design Plan Appeal (CDP A)
Response to TART Review Comment #98
To Whom It May Concern:
It is necessary to orient the apparatus bay doors as proposed (facing the street) for this
facility due to its use and operations.
The "Fire Rescue Station/EOC" serves as an emergency response/emergency operations
facility and requires direct access to public/private streets in the shortest time period
possible (response time) for its emergency vehicles.
The proposed orientation of the apparatus bay doors provides the most efficient and
effective way for the emergency vehicles to operate during an emergency.
In an effort to mitigate the appearance of the overhead doors from the street, we have added
the following features:
· Protruding columns along the face of the apparahls bays to minimize the linear effects of
the doors and apparatus bay fa~ade.
· We have several color accents throughout the building fa~ade that will blend with the
doors which give it a consistent, yet enhanced, look.
· Additional landscaping materials, above and beyond requirements, were added to
either side of the apparatus bay drive to aid in the screening of the bay doors.
· Width of apparatus bay drive reduced at intersection with the street to minimize the
effects of the overall driveway.
Based on all of the above, we are requesting your acceptance of the proposed apparatus bay
doors' orientation.
City of Boynton Beach
Planning and Zoning Department
December 11, 2006
Page 2
Please feel free to contact me (561) 904-7503 if you have any questions.
Respectfully yours,
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Copy: File
EXHIBIT "D"
Conditions of Approval
Project name: Fire Station #5
File number: CDPA 07-001
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
DEP ARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\ WP\PROJECTS\Fire Station #5\CDP A \COAdoc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Fire Station #5
APPLICANT'S AGENT: David Stump -Engineering Division - City of Boynton Beach
APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Community Design Plan Appeal for garage doors facing High Ridge
Road.
LOCATION OF PROPERTY: East side of High Ridge Road, South of Gateway Blvd.; Quantum Park
Lot 81
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\Fire Station #5\CDPA\DO,doc
Meeting Minutes
Planning and Development
BoyntDn Beach, Florida
January 23, 2007
Chair Wische read the request and reminded the applicant that all prior conditions of
approval applied.
Smtt Freeland, 10855 Canyon Bay Lane agreed to all the conditions of approval.
Kathleen Zeitler reviewed the request and explained financing caused the delay. Staff
recommended approval of the request subject to all prior conditions of approva, a traffic
analysis and notice of concurrency approval be provided prior to the issuance of a
building permit.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Motion
Mr. Casaine moved the request for the one (1) year site plan time extension for site plan
and conditional use approval granted on October 18, 2005, from October 18, 2006 to
October 18, 2007 be approved with all staff conditions. Mr. Cwynar seconded the
motion that unanimously passed.
C. Fire Station #5
rnmmunilv Desian Plan ADDeaI
Description:
Fire Station #5 (COPA 07-0(1)
David Stump, Project Manager, Engineering
Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High
Ridge Road, south of Gateway Boulevard
Request for Community Design Plan appeal
approval to allow overhead bay doors to face High
Ridge Road.
1.
Project:
Agent:
Owners:
Location:
Chair Wische read the item and announced the request would allow the overhead bay
doors to face High Ridge Road.
David StLmp, Sr. Project Manager for the City of Boynton Beach, explained the
operating doors would directly face High Ridge Road. In the process, they developed an
hourglass concrete outlet onto High Ridge Road to minimize the view with the doors
being open. He explained the main issue was that during emergency situations, timing
was of the essence. It was practically impossible to utilize a side entry garage with the
size of the vehicles. They added extensive landscaping in the area.
Ed Breese, Principal Planner, announced staff recommended approval of the request
based, in part, with the response time. With the addition of the hourglass driveway,
additional landscaping, and construction of pilasters between the doors, the fac;ade was
8
Meeting Minutes
Planning and Development
Boyntnn Beach, Florida
January 23, 2007
no longer one solid fa~ade. He advised there had been other design appeal approvals in
the general area for the same thing and staff had no objections to the request.
Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische
closed the public hearing.
Motion
Ms. Jaskiewicz moved to approve the request for community design plan appeal
approval to allow overhead bay doors to face High Ridge Road. Mr. Casaine seconded
the motion that unanimously passed.
Fire Station #5
Community Desion Plan ADDeaI
2.
Project:
Agent:
Owners:
Location:
Description:
Fire Station #5 (NWSP 07-002)
David Stump, Project Manager, Engineering
Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High
Ridge Road, south of Gateway Boulevard
Request new site plan approval to construct a two-
story 42,739 square foot fire rescue station to also
include Fire Administrative offices, ITS, the
Emergency Operation Center (EOe) and related
site plan improvements on a 4.47-acre site zoned
Planned Industrial Development (PID).
Chair Wische read the request for new site plan approval and asked the applicant if they
agreed with the conditions of approval.
Mr. Stump agreed with all the conditions of approval.
Mr. Breese reviewed the request and displayed an aerial photo of the site. He reviewed
the north part of the property was City owned and was Phase II, which would come
before the board in the future. The facility would also serve as the Emergency
Operations Center and ITS department. The project was designed with lots of
landscaping to mask the doors. Staff recommended approval of the request subject to
all 26 conditions of approval.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Mr. Cwynar asked if this was a duplication of the fire station on Woolbright Road. Mr.
Stump responded this was a completely different center. Mr. Cwynar asked how much
additional cost was involved with the hourglass driveway. Mr. Stump explained the
concrete work was less costly.
9
VIII.-PUBLIC HEARING
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20, 2006 (Noon.) ~
0 January 2, 2007 December 18, 2006 (Noon) 0
0 January 16, 2007 January 2, 2007 (Noon) 0
0 February 6, 2007 January 16,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
February 13,2007
February 5, 2007 (Noon)
March 6, 2007
February 20, 2007 (Noon)
March 20, 2007
March 5, 2007 (Noon)
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
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City Manager's Rep~
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March 19,2007 cft)oonn ~
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NATURE OF
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Legal Z
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RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 07-002.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Fire Station #5 (NWSP 07-002)
David Stump, Project Manager, Engineering Division
City of Boynton Beach
Quantum Park lots 81 and 82, east side of High Ridge Road, south of Gateway Boulevard
Request new site plan approval to construct a two-story, 42,739 square foot fire rescue
station to also include Fire Administrative offices, ITS, the Emergency Operation Center
(OC) and related site improvements on a 4.47-acre site zoned Planned Industrial
Development (PID).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
Assistant to City Manager
~
l.. tJ ~1::
Planning and Zo g irector City Attorney / Finance
S :\Planning\SHARED\ WP\PROJECTS\Fire Station #5\Agenda Item Request Fire Station #5 NWSP 07 -002 2-13-07 .doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-002
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
Michael Rump~V
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
January 4, 2007
PROJECT NAME/NO:
Fire Station #5/ NWSP 07 - 002
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
City of Boynton Beach
Applicant:
David Stump
Agent:
David Stump
Location:
East side of High Ridge Road, south of Gateway Boulevard
(see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Industrial (I) / Planned Industrial Development (PID)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
Request site plan approval for a two-story 42,739 square
foot fire station and administration building
Acreage:
194,863 square feet (4.47 acres)
Adjacent Uses:
North:
Vacant City owned land proposed as Phase II of the project, farther north is right-
of-way for Gateway Boulevard;
South:
Developed property (CarMax) with an Industrial (I) land use designation, zoned
Planned Industrial Development (PID);
East:
Right-of-way for the CSX Railroad and Interstate 95; and
West:
Right-of-way for High Ridge Road, farther west is the partially developed Quantum
EXHIBIT "C"
Conditions of Approval
Project name: Fire Station #5
File number: NWSP 07-002
Reference: 2nd Review plans identified as a New Site Plan with a December 12,2006 Planning & Zoning date
stamp marking.
I
DEP ARTMENTS
I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments:
1.
Provide a minimum outside turning radius of 55 feet to allow turning
movements for Solid Waste (and Fire/Rescue.) Using AutoTurn (or
similar), show on the plans that the required turning movements are
provided. Particular attention should be given to the entryways/gates, and
the associated callboxes, etc., allow ingress and egress for Solid Waste and
Fire/Rescue.
PUBLIC WORKS - Forestry & Grounds
Comments:
2.
At time of permitting, submit plans that completely loop the irrigation 2 Yz-
inch mainline around the perimeter of the property.
PUBLIC WORKS- Traffic
Comments:
3. Permits will be required from the Quantum Park POA for work within the X
High Ridge Road right-of-way.
UTILITIES
Comments:
4. Please provide a time line that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the time line should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This time line will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
5.
Palrn Beach County Health Department permits will be required for the
water and sewer systems serving this project (CODE, Section 26-12).
6.
A building permit for this project shall not be issued until this Department
X
X
X
X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
7. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
10. At time of permitting provide written concurrence that Quantum Park will X
permit a tie-in of the on-site drainage to the Quantum Park master drainage
system.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
12. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
DEP ARTMENTS
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
INCLUDE
14. Buildings, structures and parts thereof shall be designed to withstand the X
rninimum 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.
15. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (pst) on the plans for the building design.
16. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
17. 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.
18. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
E The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
19. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review.
20. Pursuant to approval by the City Commission and all other outside X
agencies, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The plans
must incorporate all the conditions of approval as listed in the development
order and approved by the City Commission.
21. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach
County Emergency 911.
A Palm Beach County Planning, Zoning & Building Division, 100 Australian
REJECT
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013)
B United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872)
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
22. Plant Schedule List Sheet L-501 X
All shade and palm trees must be listed in the description as a minimum of
12'-14' height, 3" DBH (4.5' off the ground) not caliper, and Florida #1
(Florida Grades and Standards manual). The height of the trees may be
larger than 12' -14' to meet the 3" diameter requirement; or any grey wood
(GW.) specifications. [Environmental Regulations, Chapter 7.5, Article II,
Sec, 5,C.2.]
PLANNING AND ZONING
Comments:
ainder of the site listed as "Future Development" will be required to X
submit full plans for Board and Commission approval.
24. Site plan approval shall be contingent upon Commission approval of the X
CDP A.
25. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
26. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" Program and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Fire Station #5\COA,doc
S;\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Fire Station #5
APPLICANT'S AGENT: David Stump - Engineering Division of the City of Boynton Beach
APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request for New Site Plan Approval for a Fire Station on a 4.47-acre
parcel in the Quantum Park PID.
LOCATION OF PROPERTY: East side of High Ridge Road, South of Gateway Blvd.; Quantum Park
Lot 81
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Fire Station #5\DO.doc
Meeting Minutes
Planning and Development
Bovntnn Beach, Florida
January 23, 2007
no longer one solid fa~ade. He advised there had been other design appeal approvals in
the general area for the same thing and staff had no objections to the request.
Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische
closed the public hearing.
Motion
Ms. Jaskiewicz moved to approve the request for community design plan appeal
approval to allow overhead bay doors to face High Ridge Road. Mr. Casaine seconded
the motion that unanimously passed.
Fire Station #5
Conmunitv Desi9n Plan ADDeaI
2.
Project:
Agent:
Owners:
Location:
Description:
Fire Station #5 (NWSP 07-002)
David Stump, Project Manager, Engineering
Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High
Ridge Road, south of Gateway Boulevard
Request new site plan approval to construct a two-
story 42,739 square foot fire rescue station to also
include Fire Administrative offices, ITS, the
Emergency Operation Center (EOC) and related
site plan improvements on a 4.47-acre site zoned
Planned Industrial Development (PID).
Chair Wische read the request for new site plan approval and asked the applicant if they
agreed with the conditions of approval.
Mr. Stump agreed with all the conditions of approval.
Mr. Breese reviewed the request and displayed an aerial photo of the site. He reviewed
the north part of the property was City owned and was Phase II, which would come
before the board in the future. The facility would also serve as the Emergency
Operations Center and ITS department. The project was designed with lots of
landscaping to mask the doors. Staff recommended approval of the request subject to
all 26 conditions of approval.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Mr. Cwynar asked if this was a duplication of the fire station on Woolbright Road. Mr.
Stump responded this was a completely different center. Mr. Cwynar asked how much
additional cost was involved with the hourglass driveway. Mr. Stump explained the
concrete work was less costly.
9
Meeting Minutes
Planning and Development
BoyntDI1 Beach, Florida
January 23, 2007
Anderson SIoclIm, architect for the project, explained the building was a five bay station.
With all the concrete, the building was harsh. They softened the entrance up and
addressed comments from Quantum Park about exposure of the apparatus directly from
the street. The design was actually cheaper, and was designed as a category five
hurricane building.
Ms. Jaskiewicz commented the hourglass driveway criteria could meet some of the art
criteria.
Motion
Mr. Cwynar moved the request for new site plan approval to construct a two-story
42,739 square foot fire rescue station to also include Fire Administrative offices, ITS, the
Emergency Operation Center (EOC) and related site plan improvements on a 4.47-acre
site zoned Planned Industrial Development (PID) be approved subject to all staff
comments. Ms. Jaskiewicz seconded the motion that unanimously passed.
D. CitnJs Park
MasIeI" Plan Modification
1.
Project:
Agents:
Owner:
Location:
Description:
CitnJs Park (MPMD 07-0(1)
Marilyn Bonora, Prime Management Group
Wendy and Ross Cooper
Prime Management Group
Citrus Park PUD; south of Miner Road and east side
of Lawrence Road.
Request for a master plan modification to reduce
the minimum side yard setback for swimming pools
from twelve (12) feet to four (4) feet and the
minimum side yard setback for screen-roofed
screen enclosures from twelve (12) feet to three
(3) feet on the non-zero side of certain lots.
Chair Wische read the request for swimming pools and noted there were three staff
comments associated with the item. Mr. Cooper, Agent for the project responded they
were in agreement with all comments.
Mr. Breese reviewed in 2005 there was a request for a very specific floor plan and this
item mirrored that request. He explained the Homeowners Association asked staff to
identify other lots in the development for the same potential. Staff recommended the
same criteria apply to all the other typical type lots in the development short of those on
curvatures with the larger back yards and larger sides that can meet the current day
regulations of the PUD. Staff recommended approval of the request.
Chair Wische opened the floor to public hearing. No one coming forward Chair Wische
closed the public hearing.
10
Staff Report - Fire Station #5 (NWSP 07-002)
Memorandum No PZ 07-002
Page 2
Project size:
Park And Village South Mixed Use project with an Industrial (1) land use
designation, zoned Planned Industrial Development (PID);
The project consists of a two-story, 42,739 square foot building and site
improvements on 4.47 acres
Site Characteristic: The subject parcel is comprised of a somewhat trapezoidal-shaped piece of land
approximately 814 feet long and approximately 561 feet deep at its widest
dimension and 450 feet deep at the narrowest dimension. The parcel is vacant and
situated between the northern edge of CarMax and the southern edge of the
Gateway Boulevard overpass of Interstate 95, and between the right-of-way for
High Ridge Road on the west and the CSX Railroad right-of-way on the east. The
survey shows that the highest elevation is 35.5 feet above sea level, located near
the northwest corner of the site.
Proposal:
Concurrency:
Traffic:
Drainage:
School:
Driveways:
Parking Facility:
BACKGROUND
The City proposes to construct a two story, 42,739 square foot fire rescue station
to better serve the northeast section of the City and all of the new development in
and around Quantum Park. The project also consists of the Fire Administrative
offices, ITS, as well as the Emergency Operations Center (EOC) for the City. The
fire rescue and administration building is Phase I of a two (2) phase project. Phase
II is proposed for the northern half of the site and has not been designed at this
time. Phase II will be presented to the Board and Commission for review and
approval once plans have been prepared.
ANALYSIS
A traffic impact statement for this project was submitted to and reviewed by the
Palm Beach County Traffic Division. Palm Beach County determined that the project
will generate 50 AM and 53 PM new peak hour trips and that the project meets the
Traffic Performance Standards of Palm Beach County.
Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information for the subject property
to be adequate and is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "C" - Conditions of Approval).
This project is exempt from the school concurrency requirements of Palm Beach
County.
The subject property fronts on High Ridge Road. Proposed on-site circulation
consists of a driveway entrance/exit for the general public and employees at the
north end of the Phase I site and a separate entrance/exit for fire rescue vehicles
along the south end of the site.
Parking required for this type of facility is based on one (1) parking space per
Staff Report - Fire Station #5 (NWSP 07-002)
Memorandum No PZ 07-002
Page 3
bunkroom (17) and one (1) parking space per 300 square feet of office space
(27,473), for a total of 109 parking spaces. The plan as designed accommodates
109 parking spaces, including 5 handicap spaces. The parking lot is designed to
accommodate the large fire apparatus, as well as waste removal vehicles and fuel
tankers. Additionally, the layout has been designed to seamlessly transition into the
northern half of the property (Phase II) in the future, for ease of pedestrian and
vehicular movement.
Landscaping: The proposed pervious or "green" area of the lot would be 87,120 square feet
or 44.74% of the total site. The landscape plan tabular data (Sheet L-501)
indicates that 69 trees (88% native), 45 palms (100% native), and 4,225 shrubs
(59% native) are being provided. Typical trees being utilized in the planting
scheme include Gumbo Limbo, Live Oak, Orange Geiger and Yellow Elder, with
Sabal, Royal and Medjool Date palms. Shrub materials selected for the site include
Indian Hawthorne, Cocoplum, Viburnum and Bougainvillea. With the overhead bay
doors oriented towards High Ridge Road, part of the mitigation considered in the
Community Design Plan Appeal (CDPA 07-001) involves the placement of
landscaping to minimize the view of the doors. The landscape plan depicts the use
of Live Oak trees, Royal Palms, Sabal Palms, and shrubs such as Indian Hawthorne,
Cocoplum and Firebush to help obscure the doors while enhancing the overall
design of the building. Additional landscaping is provided through the established
Quantum Park streetscape on High Ridge Road, which includes another layer of
Live Oak trees to help soften the view of any overhead doors. Lastly, the rear of
the parcel, abutting the CSX Railroad and Interstate 95, is a perimeter buffer of the
Quantum Park DRI, which is proposed to be planted with the City approved
landscape material, consisting of Medjool Date palms, Ixora, Hibiscus and
Bougainvillea.
Building and Site: Building and site regulations will be fully met when staff comments are
incorporated into the permit drawings. The proposed two-story fire rescue
building would have varying roof heights, with the highest of the peaked roofs at
49 feet in height (Fire Training Tower). The maximum allowed height in the PU
zoning district is 45 feet, with an allowance for parapets up to five (5) feet above
that point. Since the 49-foot tower falls within the 50-foot limitation (45' + 5'), a
height exception is not required. The floor plan (Sheets A-121 & A-122) shows the
first floor as lobby, living quarters, multi-purpose room and apparatus bays, with
the second floor housing the administrative offices, ITS, Command Center and
Emergency Operations Center (EOC). Sheets A-201 & A-202 provide an illustration
of the building facades, with concrete tilt walls, texcote 70 finish and reveals,
decorative trims and mouldings, metal trellises, frames and grills, all combining to
provide a modern design theme to the structure.
Design: The elevation drawings (Sheets A-201 & A-202) show that the building would be
designed as a very attractive fire station with the fa<;ade improvements discussed
above, and in keeping with a number of buildings approved within Quantum Park.
The body of the building would be painted a cream color (SW Paints - "Inviting
Ivory" SW 6372). The first accent body color is proposed to be a golden color (SW
Paints - "Folksy Gold" SW 6360). The second accent body color is proposed to be
Staff Report - Fire Station #5 (NWSP 07-002)
Memorandum No PZ 07-002
Page 4
painted a reddish-brown color (SW Paints - "Caribbean Coral" SW 2854). The trim /
banding areas are all proposed to be painted white (SW Paints - "Pure White" SW
7005). The metal trellises, frames and grills will have a brushed aluminum finish.
Signage:
The signage, according to Sheet A-SOl, will be a monument sign constructed into
the flagpole monuments in the elliptical plaza at the entrance into the public
parking lot. The monument is proposed to be approximately six (6) feet tall by nine
(9) feet in width, with 5-inch tall raised stainless steel lettering against a black
granite tile background. The lettering on the building is proposed to be 10-inch tall
raised letters with a flat black finish, denoting the building as "Boynton Beach Fire
Rescue Station No.5 & EOC".
Public Art:
The applicant is required to demonstrate compliance with the newly adopted
requirement to provide public artwork (see Exhibit "C" - Conditions of Approval).
As such, the applicant has been in discussion with the Public Art Administrator
since the early inception of this project and several on-site options are being
weighed. Ultimate review and approval of the artist and type of artwork will be
conducted by the Arts Commission.
RECOMMENDATION:
The Technical Advisory Review Tart (TART) has reviewed this request for new site plan approval. Staff
recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval and
contingent upon the approval of the Community Design Plan Appeal (CDPA 07-001) associated with this
project. Staff recommends that the deficiencies identified in this exhibit be corrected on the set of plans
submitted for building permit. Also, any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
...
1 in. = 175.6 feet
Fire Station #5
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ITEM F..
r
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORtn
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) ~
0 January 2, 2007 December 18,2006 (Noon) 0
0 January 16,2007 January 2,2007 (Noon) 0
0 February 6, 2007 January 16,2007 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
February 13,2007 February 5, 2007 (Noon)
March 6, 2007
February 20, 2007 (Noon)
a
March 5, 2007 (Noon) -.J
C-
P
March 19, 2007 (Noon~
.c-
March 20, 2007
April 3, 2007
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
~ Public Hearing
-0
City Manager's Report ::!I:
N
New Business
o
o
o
o
o
Legal .c-
Unfinished Business
r
RECOMMENDATION: Please place this request on the February 13,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 06-222.
EXPLANATION:
PROJECT:
AGENT:
Citrus Park (MPMD 07-001)
Marilyn Bonora, Prime Management Group
Wendy and Ross Cooper
Prime Management Group
Citrus Park PUD; south of Miner Road and east side of Lawrence Road.
Request for a master plan modification to reduce the minimum side yard setback for
swimming pools from twelve (12) feet to four (4) feet and the minimum side yard setback
for screen-roofed screen enclosures from twelve (12) feet to three (3) feet, on the on-zero
side of certain lots.
OWNERS:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
~ City Manager's Signature
Assistant to City Manager ~
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~(j~~
Planning and Zoni g irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 07-001 More Pool Setbacks\Agenda Item Request Citrus Park MPMD 07-001 2-13-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-222
STAFF REPORT
FROM:
Chair and Members
Planning and Developf'9,ent Board and City Commission
'-\~\....(/ ~
Michael W. Rumpf
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
December 19, 2006
PROJECT NAME/NO:
REQUEST:
Citrus Park MPMD 07-001
Master Plan modification to the Citrus Park PUD to reduce the side yard
setback for construction of pools from twelve (12) feet to four (4) feet and
the side yard setback for construction of screen roof screen enclosures from
twelve (12) feet to three (3) feet.
PROJECT DESCRIPTION
Property Owners: Prime Management Group
Location: Citrus Park PUD
Existing Land Use/Zoning: Low Density Residential (LDR)/ Planned Unit Development (PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: Pool & Screen Roof Sreen Enclosure Installation / Setback Amendment
Acreage: 28.82 Acres (entire PUD Master Plan)
Adjacent Uses:
North:
Citrus Glen PUD, classified Low Density Residential (LDR) and zoned PUD;
South:
Citrus Cove Elementary School to the southwest and Greenwood Village to the
southeast, classified unincorporated Palm Beach County Commercial, with an
underlying HR-8 and zoned Single-family Residential (RS);
East:
Greenwood Village, classified unincorporated Palm Beach County Commercial, with
an underlying HR-8 and zoned Single-family Residential (RS);
-
West: Right-of-way for Lawrence Road, then Nautica PUD, classified LDR and zoned PUD.
Staff Report
Memorandum No PZ 06-222
/' .... Page 2
BACKGROUND
Prime Management Group, management company for the Home Owners Association of Citrus Park PUD, is
requesting that the Master Plan for Citrus Park PUD be modified to reduce the side yard setback for
construction of pools from twelve (12) feet to four (4) feet and the side yard setback for construction of
screen roof screen enclosures from twelve (12) feet to three (3) feet for certain lots.
The subject plat is a single-family detached zero lot line residential development, comprised of 113 lots on
28.82 acres. The PUD is located on the east side of Lawrence Road, south of Miner Road (see Exhibit "A"
- Location Map). All 113 lots are developed.
The Master Plan indicates that the typical/at is dimensioned 55 feet in width by 100 feet in depth, or 5,500
square feet in area. It should be noted that the PUD contains several lots (mostly corner lots) that are
slightly larger and more pie-shaped, All lots front on an internal road network providing ingress and egress
to Citrus Park Boulevard, which connects to Lawrence Road. The Master Plan tabular data indicates the
required building setbacks are as follows: 20 feet front yard, 15 feet and zero (0) side yard, 20 feet side
corner, and 15 feet rear yard. The minimum setback for screen roof screen enclosures are as follows: 20
feet front yard, 15 feet and zero (0) side yard, 20 feet side corner, and ten (10) feet rear yard.
In April of 2005, a Master Plan Modification was approved for 33 lots within this PUD. The lots all had the
same model type of house plan and received permission for the same pool and screen enclosure setbacks
now being requested for the remainder of the "typical" lots within the PUD.
r
Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes
in planned unit developments shall be processed through the Planning and Development Board and the
City Commission.
ANALYSIS
The purpose and intent of setbacks is to create separation between units, primarily for safety and
maintenance purposes, and secondly for light and air flow. This is accomplished by allowing buildings and
ancillary structures to be setback a certain distance from the property lines. The Master Plan, as modified
in 2005, indicates a minimum four (4) foot setback requirement for pools and three (3) foot setback for
screen roof screen enclosures on the non-zero (interior) lot line side of the lots. However, as noted above,
this modification affected only 33 of the tota/l13 lots, since the request was for lots with units containing
particular f100rplan designs. Those particular units had a notch in the rear building facade that would
accommodate a kidney or L -shape style pool with the adjusted setback. The HOA is now requesting to
amend the Master Plan to allow the same regulations to apply to the other "typical" lots in the PUD. Since
some of the other lots have unit types with varying building depth, other owners may be able to take
advantage of amended setbacks to construct pools. This request would still exclude Lots 10-12, 17-21, 31-
34, 57-59 and 65-67. These particular lots are located on cul-de-sacs or lots on the curvature of the
roadway, and have much larger side and/or rear setbacks to accommodate pools and screen enclosures.
Corner lots would also be excluded from this request and would retain the current setback regulations.
During the 2005 Master Plan Modification, the ~ setback for pools and screen enclosures were
r inadvertantly amended, making pool and screen setbacks more restrictive. Staff recommends the rear
setbacks for pools and screen roof screen enclosures revert back to the previous Master Plan regulation of
an eight (8) foot rear setback for pools and six (6) foot rear setback for screen roof screen enclosures,
from 11 feet and 10 feet, respectively. This would proVide greater opportunity for construction of these
amenities, and is in line with the pool regulations for typical subdivisions throughout the City. In no
- - - - - -- - --
Staff Report
Memorandum No PZ 06-222
Page 3
Instance, whether side or rear yard, would a pool or screen structure be permitted to be constructed in
any easement or landscape buffer (see "Exhibit D" - Conditions of Approval).
This request was reviewed for consistency with the PUD development standards in the Land Development
Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the subject request by
focusing on the subject PUD and comparing it with similar planned residential developments that exist
throughout the city. The review found the request to be consistant with the previous amendment to the
Citrus Park PUD (2005) and with the requests being made by other HOA's throughout the City. Staff also
believes that the primary objective, safety, is still maintained with this request. The secondary objective of
light and air flow may be reduced to some degree, but at the choosing of the residents.
RECOMMENDA nON
It is staff's opinion that this request would neither be injurious to the area nor detrimental to the public
welfare, and rewards more residents within the PUD with the same flexibility provided in the earlier Master
Plan Modification. Therefore, staff recommends approval of this Master Plan amendment, subject to the
conditions listed in Exhibit "D" - Conditions of Approval. Additional comments recommended by the Board
or approved by the Commission would also be included in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 07-001 pool\Staff Report.doc
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~GEMENTGROUP
AI2RRS7SSMcFClClWMY
September 19, 2006
Mr. Ed Breese, Principal Planner
Planning and Zoning Division
City of Boynton Beach
100 E. Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425
RE: Setback Reduction
Boynton Estates Homeowners Association
Dear Mr. Breese:
We the Homeowners Association of Boynton Estates hereby request to amend
pool setback restrictions from 12ft. to 4 ft. within the planned development for
all lots within the communities excluding lots:
10-12
17-21
31- 34
57-59
65-67
This is for the purpose of building swimming pools, as was previously approved
for 32 lots in 2005.
Sincerely,
9tlariiyn ft. {}Jcmora
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Marilyn A. Bonora, LCAM
On behalf of the Board of Directors
EXHIBIT "D"
Conditions of Approval
Project name: Citrus Park
File number: MPMD 07-001
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
2
\ DEP ARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments:
1. Lots 10-12, 17-21,31-34,57-59 and 65-67 are excluded as well as corner X
lots, which would retain the same 20-foot setback for pools and 18 for screen
roof screen enclosures.
2. The rear setback for pools shall be revised to revert back to an eight (8) foot X
rear setback for pools and six (6) foot rear setback for screen roof screen
enclosures.
3. No pool or screen structure shall be permitted to be constructed in any X
easement or landscape buffer.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I \ I
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 07.001 More Pool Setbacks\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page .P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Citrus Park
APPLICANT'S AGENT: Ross and Wendy Cooper
APPLICANT'S ADDRESS: 75 Citrus Park Lane Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval for Citrus Park PUD to
reduce the side yard setback for construction of pools from twelve (12) feet to four (4) feet and the
side yard setback for construction of screen roofed enclosures from twelve (12) feet to three (3) feet
for certain lots.
LOCATION OF PROPERTY: Citrus Park PUD
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\Citrus Park\MPMD 07-001 More Pool Setbacks\DO.doc
Meeting Minutes
Planning and DeveIopmeI1t
Boynton Beach, Florida
January 23, 2007
AndersOn SIoaJm, architect for the project, explained the building was a five bay station.
With all the concrete, the building was harsh. They softened the entrance up and
addressed comments from Quantum Park about exposure of the apparatus directly from
the street. The design was actually cheaper, and was designed as a category five
hurricane building.
Ms. Jaskiewicz commented the hourglass driveway criteria could meet some of the art
criteria.
Motion
Mr. Cwynar moved the request for new site plan approval to construct a two-story
42,739 square foot fire rescue station to also include Fire Administrative offices, ITS, the
Emergency Operation Center (EOC) and related site plan improvements on a 4.47-acre
site zoned Planned Industrial Development (PID) be approved subject to all staff
comments. Ms. Jaskiewicz seconded the motion that unanimously passed.
D. CitruS Park
Mastel: Plan Modification
1.
Project:
Agents:
Owner:
Location:
Description:
CitruS Park (MPMD 07-0(1)
Marilyn Bonora, Prime Management Group
Wendy and Ross Cooper
Prime Management Group
Citrus Park PUD; south of Miner Road and east side
of Lawrence Road.
Request for a master plan modification to reduce
the minimum side yard setback for swimming pools
from twelve (12) feet to four (4) feet and the
minimum side yard setback for screen-roofed
screen enclosures from twelve (12) feet to three
(3) feet on the non-zero side of certain lots.
Chair Wische read the request for swimming pools and noted there were three staff
comments associated with the item. Mr. Cooper, Agent for the project responded they
were in agreement with all comments.
Mr. Breese reviewed in 2005 there was a request for a very specific floor plan and this
item mirrored that request. He explained the Homeowners Association asked staff to
identify other lots in the development for the same potential. Staff recommended the
same criteria apply to all the other typical type lots in the development short of those on
curvatures with the larger back yards and larger sides that can meet the current day
regulations of the PUD. Staff recommended approval of the request.
Chair Wische opened the floor to public hearing. No one coming forward Chair Wische
closed the public hearing.
10
Meeting Minutes
Planning and Development
Boyntnn Bead1, Florida
January 23, 2007
Mr. Saberson took issue with blanket, or de facto, approvals occurring within PUDs. The
earlier applicants with the single-family home who applied for a variance had rigid
variance criteria applied against them. Here it was a HOA, and not individual property
owners, asking for a blanket variance. The criteria applied to the Single-family variance
did not apply to this at all.
Mr. Saberson spoke about other homes abutting the PUD. Mr. Breese explained
property owners were noticed up to 400 feet, outside and inside the development. In
this particular instance these were side setbacks being applied against units inside the
development, not rear setbacks affecting outside property owners. Mr. Breese clarified
this was a master plan modification only for side yards, for all the lots except for those
on corners and those with pie shaped lots. This request was granted for 33 of the lots
in 2005.
The board further discussed the difference between this request and a variance, was
this development was a PUD and the HOA endorsed the change. The Jenkins request
with the single-family property affected other property owners. Mr. Saberson thought at
some point, the board should review these modifications.
Ms. Jaskiewicz commented the request seemed extreme. Mr. Breese explained the Code
required three feet from the screen room from a wall of an adjacent unit and four feet
from a pool. The Code did not require access on all four sides of a pool, therefore the
screened room could be brought right up to the decking and coping of the pool. This
request applied to the non-zero lot line side.
Mr. Blehar asked if Mr. Cooper could produce 113 signatures from within the
community. Mr. Cooper explained the Homeowners Association signed off on the
request. Mr. Blehar noted the request might not have been unanimous.
Chair Wische clarified it was the majority or whatever percentage was specified in the
bylaws that counted with the Homeowner Associations. Mr. Blehar understood, but
commented homeowners purchasing homes under certain conditions might be
disappointed.
Motion
Mr. Casaine moved the request for a master plan modification to reduce the minimum
side yard setback for swimming pools from twelve (12) feet to four (4) feet and the
minimum side yard setback for screen-roofed screen enclosures from twelve (12) feet to
three (3) feet on the non-zero side of certain lots be approved with all staff conditions.
Mr. Cwynar seconded the motion that passed 5-2 (Ms. Jaskiewicz and Mr. B/ehar
dissenting).
E. Polio Campero
New Site Plan
1.
Project:
Polio Campero (NWSP 07-ooJ)
11
VIII.-PUBLIC HEARING
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 5, 2006
0 January 2, 2007
0 January 16,2007
0 February 6, 2007
November 20, 2006 (Noon.) ~ February 13,2007
December 18,2006 (Noon) 0 March 6, 2007
January 2, 2007 (Noon) 0 March 20, 2007
January 16,2007 (Noon) 0 April 3, 2007
February 5, 2007 (Noon)
March 19,2007 (Noon)
-0
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March 5, 2007 (Noon) %
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NATURE OF
AGENDA ITEM
0 Announcements/Presentations 0
0 Administrative 0
0 Consent Agenda 0
0 Code Compliance & Legal Settlements 0
~ Public Hearing 0
City Manager's Report
New Business
(....)
Legal
Unfinished Business
RECOMMENDATION: Please place this request on the February 13,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department Memorandum No. 07-003.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
PoIlo Campero (NWSP 07-003)
Oscar Tazoe, Kimley-Horn & Associates, Inc.
1950 Congress Avenue, LLC
Boynton Town Center, east side of Congress A venue, approximately 820 feet north of
01d Boynton Road.
Request for new site plan approval to construct a 3,289 square foot drive-through
restaurant and related site improvements on out lot #4 of the approved Boynton Town
Center proj ect.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
v City Manager's Signature
Assistant to City Manager ~
Develop
1L-c) ~~
Planning and Zom g DIrector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I \Out Parcels\Pol1o Campero\Agenda Item Request Pol1o Campero NWSP
07 -003 2-13-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-003
STAFF REPORT
TO:
FROM:
Chair and Members of the Planning and Development Board
and City Commission
'~0~'
Michael Rumpf ~\J,I
Planning and Zoning Director
Ed Breese ~
Principal Pla;n'e; )
THRU:
DATE:
January 8, 2007
PROJECT NAME/NO:
Polio Campero / NWSP 07-003
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
1950 Congress Avenue, LLC
Applicant:
Polio Campero
Agent:
Oscar Tazoe of Kimley-Horn & Associates
Location:
East side of Congress Avenue approximately 820 feet north of
Old Boynton Road (see Exhibit "AIf - Location Map)
Existing Land Use/Zoning:
Local Retail Commercial (LRC)/Community Commercial (C-3)
Proposed Land Use/Zoning:
No change
Proposed Use:
Request new site plan approval to construct a 3,289 square foot
drive-through restaurant and related site improvements on Outlot
#4 of the approved Boynton Town Center project.
Acreage:
38,207 square feet (0.877-acres)
Adjacent Uses:
North:
Undeveloped parcel of Boynton Village with a Mixed Use - Suburban (MX-S) land use
designation, zoned Suburban Mixed Use (SMU);
South:
Undeveloped outlot #3 of Boynton Town Center (approved for Red Lobster) with a
Local Retail Commercial (LRC) land use designation, zoned Planned Commercial
Development (PCD);
East:
Undeveloped parcel (proposed Linens-n-Things site) with a Local Retail Commercial
(LRC) land use designation, zoned Community Commercial (C-3); and
Staff Report - Polio Campero (NWSP 07-003)
Memorandum No PZ 07-003
Page 2
West: Right-of-way for Congress Avenue, farther west is developed commercial (Hops
Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned
Community Commercial (C-3).
Site Characteristic: According to the site plan, the subject site is currently vacant, and approximately
200 feet deep and 170 feet wide. The subject parcel is one of the outlots
associated with The Boynton Town Center (Outlot #4). It is the fourth parcel along
Congress Avenue north of Old Boynton Road, fronting the proposed Target and
Linens-n-Things buildings.
Proposal:
Concurrency:
Traffic:
Utilities:
BACKGROUND
Oscar Tazoe of Kimley-Horn and Associates, representing 1950 Congress Avenue,
LLC, is requesting site plan approval for the construction of a 3,289 square foot
drive-through restaurant on the 0.877-acre parcel. Outlot #4 is the northernmost
of the four (4) parcels fronting on Congress Avenue with Community Commercial
(C-3) zoning as part of the approximately 25-acre site located at the northeast
corner of Congress Avenue and Old Boynton Road. The overall site plan for
Boynton Town Center was approved by the City Commission on September 20,
2005, and while it depicted each of the outlots, the in-depth detail for Outlot #4
was to be provided through the submittal of a subsequent site plan application, as
was done for Red Lobster, Smokey Bones and RBC Centura Bank before it.
ANALYSIS
A traffic statement for the entire Boynton Town Center and Village project was sent
to the Palm Beach County Traffic Division for concurrency review in order to ensure
an adequate level of service. In a response dated February 1, 2005, Palm Beach
County Traffic Division determined that the project meets the Traffic Performance
Standards, with conditions limiting the number of new PM peak hour external trips
that could be generated by any new construction and linking them to required
roadway improvements. Therefore, a monitoring matrix has been created between
the City and the master developer's traffic engineer to assist in the issuance of
building permits for the various phases, to ensure compliance with the overall
development order. Additionally, a CRALLS (Constrained Roadway At Lower Level
of Service) designation for various roadway linkages was adopted by Palm Beach
County which recognized the difficulty of certain intersection improvements (i.e.
additional turn lanes for certain turning movements at Old Boynton Road and
Congress Avenue). As stated earlier, construction of this component ofthe project
may only proceed with the initiation of the necessary road improvements noted in
the Boynton Village & Town Center development order(see Exhibit "c" - Conditions
of Approval).
The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project. Local piping and infrastructure
Staff Report - Polio Campero (NWSP 07-003)
Memorandum No PZ 07-003
Page 3
improvements may be required, especially on the water delivery system for the
project, depending on the final project configuration and fire-flow demands. These
local improvements would be the responsibility of the site developer and would be
reviewed at the time of permitting. Sufficient sanitary sewer and wastewater
treatment capacity is also currently available to serve the project. The applicant
has already paid the capacity reservation fee for the entire master development.
Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review (see Exhibit "e" - Conditions of Approval).
School: School concurrency is not required for this type of project.
Driveways: The site plan (Sheet C5) shows that three (3) points of ingress/egress are proposed
for the restaurant outlot. One driveway opening would occur at the northwest
corner of the parcel, which serves as a cross-access drive with the retail buildings
on the south side of the Boynton Village mainstreet. The second point of
ingress/egress proposed at the southeast corner of the property would connect with
the major north/south access drive located to the east of all of the outlots. A third
point of ingress/egress is proposed at the southwest corner of the parcel, and
serves as a cross-access drive with Outlot #3 to the south.
Parking Facility: In the review of the master development for Boynton Town Center, parking was
calculated on the basis of a shopping center, due to the nature of the mixture of
uses proposed. According to the Land Development Regulations, shopping centers
require one (1) parking space per 200 square feet of gross floor area. The site plan
(Sheet C5) proposes a 3,289 square foot restaurant, which would require 17
parking spaces. The plan depicts 41 parking spaces, including two (2) designated
for handicap use. Therefore, there would be twenty-four (24) excess parking
spaces provided. The master developer also entered into cross-access and cross-
parking agreements, which provides for overflow parking in times of need.
All spaces, excluding the handicap spaces, would be dimensioned 9.5 feet in width
and 18.5 feet in length. All proposed parking stalls, including the size and location
of the handicap spaces were reviewed and approved by both the Engineering
Division and Building Division.
Landscaping:
The proposed open space or "pervious" area would be 9,060 square feet or
33.64% of the total outlot. The master plan for the entire Boynton Town Center
was approved with a 25 foot landscape buffer along the west (Congress Avenue)
side of the project and included Live Oak and Mahogany trees, Royal Palm trees,
Cocoplum and Plumbago shrubs, among others. This 25 foot landscape buffer is
the master developer's responsibility for installation and maintenance, along with
Staff Report - Polio Campero (NWSP 07-003)
Memorandum No PZ 07-003
Page 4
various other site improvements, such as sidewalks and roadways. As such, no
Certificate of Occupancy (CO.) will be issued for Polio Campero without the
installation and final inspection of these common improvements (see Exhibit "C"-
Conditions of Approval). The other three (3) buffers are also scheduled to be part
of the master planting for the site and include Live Oak, Mahogany, Pink Trumpet
and Ligustrum trees, along with Viburnum, Cocoplum and Silver Buttonwood
shrubs. According to the landscape plan (LA-i), the applicant proposes to
landscape around the parking areas and building utilizing Live Oak and Tibouchina
trees, Coconut, Carpenteria and Christmas palms, and Cocoplum, Ixora,
Podocarpus and Jasmine shrubs/groundcovers. A non-potable water source will be
required for irrigation purposes.
Building and Site: The building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. Architectural style,
building materials and colors for all buildings proposed within Boynton Village &
Town Center were submitted and approved as part of the overall master plan. Polio
Campero is designed as a one (i)-story structure, with a taller entry/lobby area.
The elevations (Sheets A-3 & A-4) indicate the top of the parapet roof at 20 feet-
3 inches in height, with a height of 32 feet - 8 inches to the top of the tower
feature at the entry/lobby, well below the maximum of 45 feet allowed in the C-3
zoning district. Staff worked with the applicant and his architect to incorporate
design features that would tie the other outlots to the mainstreet portion of the
Boynton Village project immediately to the north, since this building is the transition
between the two. As a result, the Polio Campero building has a tower feature on
the corner (indicative of both the outlots and mainstreet), parapet molding
treatment and similar window design as the mainstreet buildings, as well as typical
awnings and brick veneer wainscoting prevalent on mainstreet buildings. The drive-
through window is located on the north wall of the building. The mainstreet
building immediately to the north is proposed to be placed slightly more forward on
the property than the drive-through window, and along with the 25-foot landscape
buffer to the west, will assist in the screening of this operation from Congress
Avenue.
Design: As noted above, architectural style, building materials and colors for all buildings
proposed within Boynton Village & Town Center were submitted and approved as
part of the overall master plan. The applicant proposes to incorporate design
elements from the approved materials and color palette. The elevations show that
the hip roof of the tower feature is proposed as concrete Spanish s-tiles and would
reflect a terra-cotta color. As discussed earlier, the building windows would be
designed to correlate with those of the mainstreet buildings. According to the
elevations and materials board, the main body color of the restaurant building
would be a soft yellow: "Lemon Drop" (SW 7122). The trim/accent color is
proposed as a white: "Extra White" (SW 7006). The building entry facades would
be painted a terra cotta color: "Emotional" (SW 6621). The brick veneer at the base
of the building would be red: "Red Classic Belour fl. Finally, the awnings would be a
terra cotta color to match other building elements.
Staff Report - Pallo Campero (NWSP 07-003)
Memorandum No PZ 07-003
Page 5
Signage:
The master developer has developed a Sign Program for the entire development.
The review of all signage for this project will be based upon the regulations
contained within that document. The elevation pages (Sheets A- 3 & A-4) show the
proposed location of the wall signs on the building (south and west elevations, near
the building entrances and on the east elevation facing the Target parking lot). The
signs would have golden-yellow lettering and the sign on the south elevation would
also have the Polio Campero logo. The logo, as proposed (33%), exceeds the 20%
allowance of both the City's Sign Code and the Sign Program adopted for the
center. Staff recommends that the logo be reduced in size to be in compliance at
the time of permit submittal (see Exhibit "C" - Conditions of Approval).
A key component of the Sign Program for Boynton Town Center is the sharing of
monument sign space between tenants of the outlots, to minimize overall signage
and maximize cohesiveness within the project. Tenant monument signs are
intended to be located between outlot parcels, total approximately 40 square feet
(5 foot tall X 8 feet in length), be uniform in design and match the architectural
characteristic and theme of the other site signage for the total project. In this
particular case, Polio Campero would share the monument sign space with the
tenant of Outlot #3 to the south (Red Lobster). All site signage, as noted earlier,
will be subject to the Sign Program for the entire center.
Public Art:
The applicant is required to demonstrate compliance with the newly adopted
requirement to provide public artwork (see Exhibit "C" - Conditions of Approval).
As with other recent approvals within Boynton Village & Town Center, the Master
Developer and the applicant have been receptive to staff's suggestion that the arts
fee associated with the smaller parcels be pooled to create a more elaborate
display in a more visible location within the project, such as one of the roundabouts
planned along Mainstreet. The Master Developer has been in discussion with the
Public Art Administrator and the proposed artist, and various options are under
consideration. The Arts Commission will conduct the ultimate review and approval
of the artist and type of artwork.
RECOMMENDATION
The Technical Application Review Team (TART) has reviewed this request for new site plan approval and
recommends approval contingent upon satisfying all comments indicated in Exhibit "C" - Conditions of
Approval. Any additional conditions recommended by the Board or approved by the City Commission shall
be documented accordingly in the Conditions of Approval.
S:\Planning\Shared\Wp\Projects\Boynton Village\Out Parcels\Pollo Campero\NWSP 07-003\Staff Report.doc
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EXHIBIT "e"
Conditions of Approval
Project name: Pollo Campero
File number: NWSP 07-003
Reference: 2nd review plans identified as a New Site Plan with a December 19, 2006 Planning & Zoning date
k
stamp mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Palm Beach County Health Department permit revisions may be required X
for the water and sewer systems serving this project (CODE, Section 26-
12). As a general rule, restaurants require this approval to insure that grease
traps are properly designed.
2. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
3. 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.
4. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
FIRE
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
5. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
7. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
8. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
10. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of l40 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 l609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
11. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
12. 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.
DEPARTMENTS INCLUDE REJECT
13. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
14. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review.
15. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
revIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
16. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The United States
Post Office, the City of Boynton Beach Fire Department, the City's GIS
Division, and the Palm Beach County Emergency 911 shall approve the
addressing plan.
A. Palm Beach County Planning, Zoning & Building Division, lOO Australian
Avenue, West Palm Beach, Florida (Sean McDonald - 56l-233-5013)
B. United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
17. The building plans shall be reviewed and approved by the Department of X
Business and Professional Regulation, Division of Hotels and Restaurants
prior to being submitted to the City of Boynton Beach Building division for
permit.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
Plant List Sheet LA-I
18. All shade and palm trees must be listed in the description as a minimum of X
l2'-14' height, 3" DBH (4.5' off the ground). The height of the trees may
be larger than 12' -14' to meet the 3" diameter requirement; or any gray
wood (gw) specifications. [Environmental Regulations, Chapter 7.5, Article
II Sec. 5.C. 2.]
, , ,
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
19. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
20. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
Staff recommends that the fee for this and all other outlots be combined and
the Master Developer create a more elaborate display in a more visible
location within the project, such as one of the roundabouts.
21. The size of the logo relative to the adjoining lettering on the sign may not X
exceed 20% of the sign. At the time of submission of permit plans, reduce
the size of the logo to comply.
22. If for any reason, potable water use becomes necessary, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conservation designs (such as a drip system), where possible.
23. Construction of this project may only proceed with the initiation of any X
necessary road improvements triggered by the number of external PM peak
hour trips noted in the Boynton Village & Town Center development order
and CRALLS approval.
24. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X
until all required Master Plan landscaping has been installed, inspected and
finaled, as well as all depicted sidewalks and roads.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Village.Boynton Town Center I\Out Parcels\Pol1o Campero\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Polio Campero
APPLICANT'S AGENT: Oscar Tazoe, Kimley-Horn and Associates, Inc.
APPLICANT'S ADDRESS: 4431 Embarcadero Drive West Palm Beach, FL 34407
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request for New Site Plan approval to construct a 3,289 square foot
drive-through restaurant and related site improvements on Outlot
#4 of the approved Boynton Town Center project.
LOCATION OF PROPERTY: East side of Congress Avenue approximately 820 feet north of Old
Boynton Road.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant, in a manner consistent
with the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Boynton Village.Boynton Town Center 1\Out Parcels\Pollo Campero\DO.doc
Meeting Minutes
Planning and DeveJopment
BoyntDn Beach, Florida
January 23, 2007
Mr. Saberson took issue with blanket, or de facto, approvals occurring within PUDs. The
earlier applicants with the single-family home who applied for a variance had rigid
variance criteria applied against them. Here it was a HOA, and not individual property
owners, asking for a blanket variance. The criteria applied to the single-family variance
did not apply to this at all.
Mr. Saberson spoke about other homes abutting the PUD. Mr. Breese explained
property owners were noticed up to 400 feet, outside and inside the development. In
this particular instance these were side setbacks being applied against units inside the
development, not rear setbacks affecting outside property owners. Mr. Breese clarified
this was a master plan modification only for side yards, for all the lots except for those
on corners and those with pie shaped lots. This request was granted for 33 of the lots
in 2005.
The board further discussed the difference between this request and a variance, was
this development was a PUD and the HOA endorsed the change. The Jenkins request
with the single-family property affected other property owners. Mr. Saberson thought at
some point, the board should review these modifications.
Ms. Jaskiewicz commented the request seemed extreme. Mr. Breese explained the Code
required three feet from the screen room from a wall of an adjacent unit and four feet
from a pool. The Code did not require access on all four sides of a pool, therefore the
screened room could be brought right up to the decking and coping of the pool. This
request applied to the non-zero lot line side.
Mr. Blehar asked if Mr. Cooper could produce 113 signatures from within the
community. Mr. Cooper explained the Homeowners Association signed off on the
request. Mr. Blehar noted the request might not have been unanimous.
Chair Wische clarified it was the majority or whatever percentage was specified in the
bylaws that counted with the Homeowner Associations. Mr. Blehar understood, but
commented homeowners purchasing homes under certain conditions might be
disappointed.
Motioo
Mr. Casaine moved the request for a master plan modification to reduce the minimum
side yard setback for swimming pools from twelve (12) feet to four (4) feet and the
minimum side yard setback for screen-roofed screen enclosures from twelve (12) feet to
three (3) feet on the non-zero side of certain lots be approved with all staff conditions.
Mr. Cwynar seconded the motion that passed 5-2 (Ms. Jaskiewicz and Mr. B/ehar
dissenting).
E. Polio Campero
Neuv Site Plan
1.
Project:
Polio Campero (NWSP 07-0(3)
11
Meeting Minutes
Planning and Development
BoynIDn Beach, Florida
January 23, 2007
Agent:
Owner:
Location:
Description:
Oscar Tazoe, Kimley-Horn & Associates, Inc.
1950 Congress Avenue LLC
Boynton Town Center; east side of Congress
Avenue, approximately 820 feet north of Old
Boynton Road.
Request for new site plan approval to construct a
3,289 square foot drive-through restaurant and
related site improvements on out lot #4 of the
approved Boynton Town Center project.
Chair Wische read the request into the record.
Oscar Tazoe, 4148 Lake Tahoe Circle, West Palm Beach and the agent for the project,
agreed with all 24 staff comments.
Mr. Breese reviewed the project, which was located immediately north of the Red
Lobster Restaurant. The property was out lot four, of the Target shopping center, which
was part of the Boynton Town Center. The site had three points of ingress and egress
and staff worked with the applicants on the elevations. This was the last building
between the out parcel and main street portions. They tried to match and make the
transition in building elevations between the two sections. Staff complimented the
applicants on their diligence in the project and recommended approval subject to all
conditions of approval.
Mr. Enrique Kaufer, 3640 Yacht Club Drive, Aventura, explained they had about 250
restaurants worldwide. This was the first restaurant in Florida and there were another
25 establishments within the United States. The quality would be equal or better than
the Guatemala City location. It was noted both Mr. Casaine and Ms. Jaskiewicz were
familiar with the restaurant and they both appreciated the color renderings of the
project and were happy to see the tower.
Motion
Mr. Casaine moved approval of the request for new site plan approval to construct a
3,289 square foot drive-through restaurant and related site improvements on out lot
four of the approved Boynton Town Center project with all staff conditions. Ms. Grecvic
seconded the motion that unanimously passed.
F. Banks in Quantum Par1c:
Use Aooroval
1.
Project:
Agent:
Owner:
Location:
^>,''''f;!;oit~~~~_~'i'j''''~'_''''_''''''''''J'~'''''''''''''_'''''''''''''.'.
Banks in Quantum Par1c: (USA) 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park
12
VIII.-PUBLIC HEARING
ITEM H.
'~U\..,.~~c:""
,,'
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:yv;c~~"VV
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORiVl
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 December 5, 2006 November 20, 2006 (Noon.) ~ February 13,2007
0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007
0 January] 6, 2007 January 2,2007 (Noon) 0 March 20, 2007
0 February 6, 2007 January ]6,2007 (Noon) 0 April 3, 2007
Date Final Form Must be Turned
in to Citv Clerk' 5 Office
February 5, 2007 (Noon)
February 20, 2007 (No~
'-
March 5, 2007 (Noon) ~
-
N
March] 9,2007 (Noon) .t:""
-0
::.:J::
N
..
NATURE OF
AGENDA ITEM
o
o
o
o
~
Legal
Unfinished Business
o
o
o
o
o
AnnouncementslPresentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
City Manager's Report
New Business
RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23, 2007, recommended that the subject request be
approved. For further details pertaining to this request, see attached Department Memorandum No. 06-221.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Banks in Quantum Park (USAP 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park
Request to amend the list of approved uses for the Quantum Park Planned Industrial
Development (PID) to include banks.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~m"
Assistant to City Manager ~
1r-: V -tr _ /-'
Planning and Z;fuing Director City Attorney / Finance
S:\Planning\SHARED\ WP\PROJECTS\Original Pancake House\USAP 07-00] \Agenda Item Request Quantum Park Lot ] USAP 07-00] 2.] 3-07 .doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-221
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
THRU:
Michael Rumpf
Director of Planning & Zoning
FROM:
Gabriel Wuebben
Planner
DATE:
December 29, 2006
PROJECT NAME/NO:
OPH Bank / (USAP 07-001)
REQUEST:
Use Approval - Bank
PROJECT DESCRIPTION
Property Owner/ Applicant:
OPH Boynton Realty, L.c.
Agent:
Jared Weiner, OPH Boynton Realty, L.c.
Location:
1485 Gateway Blvd. (see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Industrial (I) / Planned Industrial District (PID)
Proposed Land Use/Zoning:
No change proposed
PID Use Options:
Lot 1 - Office, Industrial, & Commercial (OIe)
Proposed Use:
Request for use approval to allow a bank as an approved use in the
Quantum Park PID.
Acreage:
1. 15-acres (50,285 sq. ft.)
Adjacent Uses:
North:
Vacant industrial property (Lot 2) zoned PID with a use designation of Office,
Industrial, and hotel (OIH);
South:
Right-of-way for Gateway Boulevard, then farther south vacant property currently
under construction as part of the Renaissance Commons development zoned SMU;
East:
Lake Worth Drainage District Canal E-4, then farther east Olin Office Building zoned
PID; and
Staff Report OPH Bank (USAP 07-001)
Memorandum No PZ-06-221
Page 2
West: Hampton Inn and Suites zoned PID, then farther west water management tract.
BACKGROUND
Jared Weiner, the owner of the property, has submitted an application for use approval in the Quantum
Park Planned Industrial Development (PID) (see attached location map - Exhibit "A"). The proposed
change to the list of permitted uses is being requested only to apply to Lot #1 and be worded as follows:
. Bank (Lot 1 only)
The approval of a list of permitted uses is required for all Planned Industrial Developments. The original
Quantum Park PID Master Plan has been established incrementally and lacks the above-referenced use.
In approving a particular use, the Planning and Development Board must make findings that the proposed
use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations,
and that the uses proposed are consistent with the intent and purposes of the Planned Industrial
Development District.
ANALYSIS
The applicant is required to address the Performance Standards listed in Chapter 2, Section 4. N of the Land
Development Regulations as they relate to the proposed list of permitted uses. The purpose of the
Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals,
vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the
reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or
other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic
interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant
has been asked to provide a description of their request relative to the performance standards within
Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of
this use within the PID district. These responses are listed as follows:
1. Noise: No use shall be carried out on the property so as to create sound which is in violation of
Section 15-8 of the City Ordinances. The applicant certifies that the above requested use shall be
conducted entirely within the building and shall not produce sound in violation of Section 15-8.
2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently
generated ground vibrations, which are perceptible without instruments at any point at or beyond
the property line. The applicant certifies that the above requested use shall not create ground
vibrations, which would be perceptible beyond the property lines of the subject lot.
3. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so
as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage
to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use
and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be
carried out on the property so as to allow the emission of any substances in violation of any federal,
state, county, or city law or permit governing the emission of such substances. The applicant
certifies that the proposed use does not produce smoke, dust, dirt, or other particulate matter and
shall comply with all federal, state, county or city laws or permits pertaining to same.
Staff Report OPH Bank (USAP 07-001)
Memorandum No PZ-06-221
Page 3
4. Odors and fumes: No use shall be carried out on the property so as to allow the emission of
objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any
point at or beyond the boundary of the property. The applicant certifies that the proposed use does
not produce any objectionable or offensive odors or fumes.
5. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission
of toxic or noxious matter in such concentration as to cause damage to property, vegetation,
discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment
of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any
public waters or any groundwater. The applicant certifies that the proposed use will not produce
toxic or noxious matter so as to cause damage to property or vegetation, discomfort or harm to
persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or
beyond the property line of the property on which the use is located; or to contaminate any public
waters or any groundwater.
6. Fire and Explosion: No use shall be carried out on the property so as to create a fire or explosion
hazard to adjacent or nearby property or rights-of-way or any persons or property thereon.
Furthermore, the storage, use, or production of flammable or explosive materials shall be in
conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The
proposed use does not create a fire or explosive hazard. There will be no storage of flammable or
explosive materials unless in conformance with Chapter 9.
7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat,
humidity or glare readily perceptible at any point at or beyond the property line of the property on
which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be
directed away from any residential use, which is a conforming use according to these regulations, so
as not to create a nuisance to such residential uses. The proposed use does not produce heat,
humidity or glare. Additional lighting is being proposed for the buildings, particularly near walk-up
automated teller machines. However, the site complies with the City approved site plan, which
required that lighting be directed away from any residential use.
8. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any
type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City
of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits.
Any applicable provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any
applicable federal, state, or county laws or permits shall be complied with.
9. Solid Waste: No use shall be carried out on the property so as to allow the accumulation or
disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which
would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-
way. The proposed use shall be in compliance with Chapter 10 of the City of Boynton Beach Code
of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan.
10. Electromagnetic Interference: No use shall be carried out on the property so as to create
electromagnetic radiation, which causes abnormal degradation of performance of any
electromagnetic receptor of quality and proper design as defined, by the principles and standards
adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries
Association. Furthermore, no use shall be carried out on the property so as to cause
Staff Report OPH Bank (USAP 07-001)
Memorandum No PZ-06-221
Page 4
electromagnetic radiation, which does not comply with the Federal Communications Commission
Regulations, or which causes objectionable electromagnetic interference with normal radio or
television reception in any zoning district. The proposed use shall not create electromagnetic
radiation.
11. Hazardous Materials and Hazardous Waste: The operator of any use on the property that
uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined
in 40 Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with
Section 11.3, Environmental Review Permits of the City Ordinances. The proposed use does not
use, handle, store or display hazardous, or generate hazardous waste.
The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of
the performance standards listed in Chapter 2, Section 4.N ofthe Land Development Regulations.
The approved site plan shows that the principal building was approved as a restaurant (Original Pancake
House) with a total of 4,710 square feet. The parking methodology was based upon the following:
· 4,710 square feet of restaurant area at a rate of one (1) space per 200 square feet
The approved site plan showed that the required 63 parking spaces (including 3 handicapped) were
provided based upon the number of seats and the number of employees at peak hours.
As previously mentioned, the subject property currently contains an Office - Industrial - Commercial (OlC)
land use option. This request for use approval, in part, is to allow for a bank under the "Office" land use
option on Lot 1 in the Quantum Park PlO. Staff opinion has not wavered from the original position that the
"office" land use originated in anticipation of developing industrial uses with accessory offices. However,
since "office" uses are already permitted as principal uses within this land use option (the parking and traffic
as the performance related factor), then the subject request would be consistent with the intent and
purpose of the Quantum Park PlO. Over the last few years, the city has witnessed an infusion of residential
uses within the PID. This request exemplifies the demand for resident and business supportive services
such as banking. It is more efficient to process use approval applications "categorically" rather than as "lot
specific" in order to avoid repeated applications for similar uses. However, given the prevalence of "OlC"
categorized parcels throughout the Quantum PlO, and the incompatibility of banking locations on all such
parcels, staff recommends that the use be permitted on a case by case basis. The majority of "OIC" parcels
is located both on smaller collector streets within the Quantum Park development and near strictly industrial
properties, and thus cater themselves more to their intended purpose as supportive office space. This
particular lot lends itself to a banking purpose primarily due to its location on a major thoroughfare
(Gateway Blvd.) and its proximity to a major commercial center at Congress Avenue.
RECOMMENDATION
It is the determination of staff that the requested "bank" use would be consistent with the intent and
purpose of the Office - Industrial - Commercial (0lC) land use options on Lot 1 in the Quantum Park PlO.
Therefore, staff recommends approval. Comments recommended by the Board or Commission would be
included in Exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\USAP 07-001 \OPH Bank USAP Staff Report.doc
Exhibit "A" - OPH Bank
Location Map
GATEWAY
SMU
Suburban Mixed Use
330
I
165
o
330
660
990
1,320
I Feet
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EXHIBIT "e"
Conditions of Approval
Project name: Quantum Park DRI Lot 1
File number: USAP 07-001
Reference: Quantum Park DRI Use List Revision Request for a Bank (Lot 1)
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEP ARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\USAP 07-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Banks in Quantum Park Lot 1
APPLICANT'S AGENT: Jared Weiner, OPH Boynton Realty, L.C.
APPLICANT'S ADDRESS: 6400 N. Andrews Avenue, Suite 500 Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request use Approval for a Bank on Lot 1 in the Quantum Park PID
LOCATION OF PROPERTY: Lot 1, Quantum Park PID, 1485 Gateway Blvd.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\USAP 07-001\00 USAP 07-001 (OPH Bank).doc
Meeting Minutes
Planning and Development
BoyntDn Beach, Florida
January 23, 2007
Agent:
Owner:
Location:
Description:
Oscar Tazoe, Kimley-Horn & Associates, Inc.
1950 Congress Avenue LLC
Boynton Town Center; east side of Congress
Avenue, approximately 820 feet north of Old
Boynton Road.
Request for new site plan approval to construct a
3,289 square foot drive-through restaurant and
related site improvements on out lot #4 of the
approved Boynton Town Center project.
Chair Wische read the request into the record.
Oscar Tazoe, 4148 Lake Tahoe Circle, West Palm Beach and the agent for the project,
agreed with all 24 staff comments.
Mr. Breese reviewed the project, which was located immediately north of the Red
Lobster Restaurant. The property was out lot four, of the Target shopping center, which
was part of the Boynton Town Center. The site had three points of ingress and egress
and staff worked with the applicants on the elevations. This was the last building
between the out parcel and main street portions. They tried to match and make the
transition in building elevations between the two sections. Staff complimented the
applicants on their diligence in the project and recommended approval subject to all
conditions of approval.
Mr. Enrique Kaufer, 3640 Yacht Club Drive, Aventura, explained they had about 250
restaurants worldwide. This was the first restaurant in Florida and there were another
25 establishments within the United States. The quality would be equal or better than
the Guatemala City location. It was noted both Mr. Casaine and Ms. Jaskiewicz were
familiar with the restaurant and they both appreciated the color renderings of the
project and were happy to see the tower.
Motion
Mr. Casaine moved approval of the request for new site plan approval to construct a
3,289 square foot drive-through restaurant and related site improvements on out lot
four of the approved Boynton Town Center project with all staff conditions. Ms. Grecvic
seconded the motion that unanimously passed.
F. Banks in Quantum Park
Use ADDrovaI
1.
Project:
Agent:
Owner:
Location:
Banks in Quantum Park (USA) 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park
12
Meeting Minutes
Planning and Development
Boyntnn Bead1, Florida
January 23, 2007
Description:
Request to amend the list of approved uses for the
Quantum Park Planed Industrial Development (PID)
to include banks.
Chair Wische read the request to amend the list of approved uses.
Mr. Jared Weiner, 7000 Island Boulevard #2208 Aventura and Agent for the project was
present.
Mr. Weubben, Planner, advised staff reviewed the project and compared it against
criteria listed in Section 4.N of the Zoning Regulations and found no conflicts.
Accordingly, staff recommended approval.
Chair Wische opened the floor to public comments. No one coming forward, Chair
Wische closed the public hearing.
Ms. Jaskiewicz asked about the pancake house. The applicants did not know where
they would go, but commented they would be retrofitting the existing building.
Mr. Blehar inquired about the north/south property line and parking. Mr. Weiner
explained there was a cross access easement agreement for parking with the property
owners to the west of the building.
Motion
Ms. Jaskiewicz moved the request to amend the list of approved uses for the Quantum
Park Planned Industrial Development (PID) to include banks be approved. Mr. Casaine
seconded the motion that unanimously passed.
Quantum Park Lot 1
Malar Site Plan Modification
2.
Project:
Agent:
Owner:
Location:
Description:
Quantum Park Lot 1 - OPH Bank (MSPM 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park Lot 1; north side of Gateway
Boulevard, east of Congress Avenue. (Original
Pancake House).
Request for major site plan modification to convert
the existing 4,710 square foot restaurant to a S,267
square foot bank on a 1.1S-acre parcel zoned
Planned Industrial Development (PID)
Chair Wische read the request and asked the applicants if they were in agreement with
all 23 staff comments.
13
VIII.-PUBLIC LEARING
ITEM I.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to Citv Clerk's Office Meeting Dates
D December 5, 2006 November 20, 2006 (Noon.) [ZJ February 13,2007
D January 2, 2007 December 18,2006 (Noon) D March 6, 2007
D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007
D February 6, 2007 January 16, 2007 (Noon) D April 3, 2007
Date Final Form Must be Turned
in to City Clerk's Office
February 5, 2007 (Noonb
-J
<-
February 20, 2007 (NoOJ1P"
%
N
March 5, 2007 (Noon) .t:'"
-0
March 19,2007 (Noon) 3
fSi
D Announcements/Presentations D City Manager's Report W
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
[ZJ Public Hearing D
RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request
be approved. For further details pertaining to this request, see attached Department Memorandum No. 06-220.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Quantum Park Lot 1-0PH Bank (MSPM 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park Lot I; north side of Gateway Boulevard, east of Congress A venue.
(Original Pancake House)
Request for major site plan modification to convert the existing 4,710 square foot
restaurant to a 5,257 square foot bank on a I. I 5-acre parcel zoned Planned Industrial
Development (PID).
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~be
Assistant to City Manager CJn!f./
Develo
~~~1ru;;dm
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\MSPM 07.001
001 2-13-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance
Bank Conversion \Agenda Item Request Quantum Park Lot I MSPM 07-
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-220
STAFF REPORT
TO:
Chair and Members
Planning and Development Board
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Gabriel Wuebben
Planner
DATE:
December 29, 2006
PROJECT NAME/NO:
OPH Bank (Quantum Park lot 1)
MSPM 07 - 001
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner/ Applicant:
OPH Boynton Realty, L.c.
Agent:
Jared Weiner, OPH Boynton Realty, L.c.
Location:
1485 Gateway Blvd. (see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Industrial (I) / Planned Industrial District (PID)
Proposed Land Use/Zoning:
No change proposed
PID Use Options:
Lot 1 - Office, industrial, & commercial (OIC)
Proposed Use:
Request for major site plan modification approval to alter the
existing restaurant to a bank with a new drive-thru teller structure.
The applicant will enhance the exterior of the existing structure with
decorative moldings, stucco features, and new paint.
Acreage:
1. 15-acres (50,285 sq. ft.)
Adjacent Uses:
North:
Vacant industrial property (Lot 2) zoned PID with a use designation of Office,
Industrial, and hotel (OIH);
South:
Right-of-way for Gateway Boulevard, then farther south vacant property currently
under construction as part of the Renaissance Commons development zoned SMU;
East:
Lake Worth Drainage District Canal E-4, then farther east Olin Office Building zoned
Staff Report - OPH Bank (MSPM 07-001)
Memorandum No PZ 06-220
Page 2
West:
Project size:
PID; and
Hampton Inn and Suites zoned PID, then farther west water management tract.
The project consists of exterior and interior remodeling of the existing structure
with the addition of a detached bank-teller structure of approximately 287 sq. ft
located north of and behind the existing structure.
Site Characteristic: The subject parcel is an imperfectly rectangular piece of land with approximately
156 feet of frontage along Gateway Boulevard and a maximum depth of
approximately 370 feet. The southern portion of the lot is improved with a
previously approved building (Original Pancake House), landscaping, and parking,
while the northern part is primarily additional parking.
Proposal:
Concurrency:
Traffic:
Utilities:
Drainage:
School:
Driveways:
BACKGROUND
OPH Boynton Realty, L.c. proposes to alter the exterior and interior of the existing
Original Pancake House to accommodate a banking location. The proposal also
includes the construction of an ancillary drive-thru bank-teller building behind the
existing structure. Currently Lot 1 has the use option within the Quantum Park
Planned Industrial District of Office, Industrial, & Commercial (OIC), which permits
a myriad of strictly office uses, industrial uses, commercial uses, or any
combination of the three.
ANALYSIS
A traffic concurrency approval letter has not yet been received from Palm Beach
County Traffic Engineering. No permits will be issued until this letter is received by
the City of Boynton Beach (see Exhibit "C" - Conditions of Approval).
The Utilities Department indicates there would be no impacts to their operations
associated with this request.
Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information for the subject property
to be adequate and is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "C" - Conditions of Approval).
This project is exempt from the school concurrency requirements of Palm Beach
County.
The subject property fronts on Gateway Boulevard. Existing on-site circulation
consists of one (1) driveway near the southeast corner of the property, which is not
slated for change with the proposed expansion. The driveway width measures
approximately 26 1/2 feet.
Staff Report - OPH Bank (MSPM 07-001)
Memorandum No PZ 06-220
Page 3
Parking Facility: Parking required for this type of facility is based on one (1) parking space per 200
square feet of office space (4,998 sq. ft.j200), for a total of 25 parking spaces. The
plan as designed provides 45 parking spaces, including 3 handicap spaces, for an
excess of 20 parking spaces. The existing parking spaces on the site are
dimensioned at 9 feet x 18 feet, with 24 foot aisle width. Traffic circulation is
provided completely around the building and the design allows for ease of
movement by emergency and general service providers.
Landscaping: The proposed pervious or "green" area of the property would be 16,743 square
feet or 33.3%. The landscape plan tabular data (Sheet SP-1) indicates that 33
trees, 40 palms and 474+ shrubs and groundcover will comprise the landscaping
on the site. Typical trees being utilized in the planting scheme include Live Oak,
Tibouchina and Silver Buttonwood along with Sabal and Washingtonia palms.
Shrub materials illustrated in the site plan include Wax Jasmine, Boston Fern,
Ruellia, and Xanadue. Approximately 54% of the proposed trees are native, 55% of
palms are native, and 51% of the shrubs and groundcover depicted are native. The
existing front buffer along Gateway Boulevard meets current code regulations
relative to the layering of plant material and use of colorful shrubs.
Building and Site: Building and site regulations will be fully met when staff comments are
incorporated into the permit drawings. As noted earlier, the proposed alterations
would include minor exterior modifications to the existing building (added build-
outs on the west and east facades for aesthetic purposes and improved glazing).
The existing one-story building has a typical roof height of 30 feet, measured to the
top of the roof's highest peak. The maximum allowed height in the PID zoning
district is 45 feet. Sheet AS provides an illustration of the existing building facades,
with reveals, score lines and recesses. The applicant is adding new stucco features,
building contours, and glazing features as well as new storefront windows.
The modification also calls for the construction of a new remote bank teller building
behind the existing structure. The teller will match in design and colors the
principal building, and will serve clients through three (3) drive-thru lanes.
Design: The colors on the existing building will be altered as a result of this application.
Exterior walls will all be painted differing shades ranging from darker beige to off-
white. The lower portions of exterior walls (as well as certain details) will be
painted "Compatible Cream" (Sherwin Williams 6387). The building's upper
exterior walls will be painted "Jersey Cream" (Sherwin Williams 6379), and building
trim and details will be painted "Pure White" (Sherwin Williams 7005). The roof
will be standing seam metal ("Hemlock Green" by Berridge). "True Brown" fabric
awnings fabricated by Sunbrella will screen doorways. The building style, materials
and colors are compatible with surrounding development.
Signage: The applicant will use the existing sign with only minor modifications to comply
with the new tenant's requirements.
Public Art: The applicant is required to demonstrate compliance with the newly adopted
requirement for developments to provide public art work (see Exhibit "C" -
Conditions of Approval). The applicant has indicated a desire to pay the fee in lieu
Staff Report - OPH Bank (MSPM 07-001)
Memorandum No PZ 06-220
Page 4
of providing an art installation on the property.
RECOMMENDATION:
The Technical Application Review Team (TART) has reviewed this request for major site plan modification
approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "CIf - Conditions
of Approval, including approval of the corresponding use approval (USAP 07-001). Staff recommends that
the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit.
Also, any additional conditions recommended by the Board or City Commission shall be documented
accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\MSPM 07-001 Bank Conversion\OPH Bank MSPM Staff Report.doc
Exhibit "A" - OPH Bank
Location Map
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Suburban Mixed Use
330 165 0
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EXHIBIT "C"
Conditions of Approval
Project name: OPH Bank
File number: MSPM 07-001
Reference: 2nd review plans identified as a Major Site Plan Modification with a December 19,2006 Planning
&2 d k'
onmg ate stamp mar mg.
I DEPARTMENTS , INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments:
1. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Reference City Standard Drawing P-14 and Palm Beach
County standards for the sight triangles along Gateway Blvd.
PUBLIC WORKS- Traffic
Comments:
2. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Engineering.
3. On the Site and Civil plans, show and identify all necessary traffic control X
devices such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc.
4. Reference City Standard Drawings "K" Series for striping details. X
5. Add a "No Right Turn" sign at the south end of the island separating the X
drive-through lanes from the through drive aisle.
UTILITIES
Comments:
6. Show water and sewer mains and services, with easements on the utility X
plans. In comparing the Landscape Plan (Sheet SP-1) with the PG&D Plan
(Sheet 1 of 1) there appears to be a conflict between proposed landscaping
(Live Oak) and the position of the water and sewer services into the building.
Conditions of Approval
2
[ INCLUDE I RFJECT I
7. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b )).
DEP ARTMENTS
FIRE
X
Comments: None
POLICE
x
Comments: None
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory Review
Team (TART) process does not ensure that additional comments may not be
generated by the Commission and at permit review.
lO. Changes are being made to the site. An increase in the impervious area of X
800 square feet or more will require a professionally prepared drainage plan.
Please note the net change in impervious area on the plans. If there is a net
increase in the drainage changes may be required to the Master Drainage Plan
and SFWMD permit for Quantum Park.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 may be required at the time of
permitting.
12. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
I DEPARTMENTS I INCLUDE I REJECT I
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
14. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table
704.8. Submit calculations that clearly reflect the percentage of protected
and unprotected wall openings permitted per 2004 FBC, Table 704.8 or
2004 FBC, Residential, Section R302.2.
15. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
16. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
17. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The
recorded deed shall be submitted at time of permit review.
18. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach
County Emergency 911.
A Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald _ 561-
233-5013)
B United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
19. The interior renovations shall comply with the 2004 FBC, Existing Building X
Volume, for Level 3 Alterations, and Chapter 8 for changes of occupancy.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
20. Boundary Survev Existinl! Trees / Landscape Sheet SP-l X
The Landscape Architect should add a note that any of the existing trees /
landscape materials that are not in a healthy condition must be replaced with new
vegetation at time of inspection. The Original Pancake House landscape plan
should be reviewed to verify that all of the City approved landscape
improvements do exist on the site. All missing trees / landscape materials should
be replaced on the landscape plan. [Environmental Regulations, Chapter 7.5,
Article I Sec. 7.D.p. 2.]
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments:
21. If anyon-site directional signage is proposed, please provide proposed X
location, detail including size, materials and color, and proposed wording.
22. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
23. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I \ \
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\MSPM 07-00] Bank Conversion\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park Lot 1- OPH Bank
APPLICANT'S AGENT: Jared Weiner, OPH Boynton Realty, L.C.
APPLICANT'S ADDRESS: 6400 N. Andrews Avenue, Suite 500 Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request for major site plan modification approval to alter the existing
restaurant to a bank with a new drive-thru teller structure. The
applicant will enhance the exterior of the existing structure with
decorative moldings, stucco features, and new paint.
LOCATION OF PROPERTY: Lot 1, Quantum Park PID, 1485 Gateway Blvd.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X TH IS 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:IPlanninglsHARED\WPIPROJECTSIOriginal Pancake HouselMSPM 07-001 Sank ConversionlOPH Sank MSPM DO.doc
Meeting Minutes
Planning and Development
BoyntDn Beach, Florida
January 23, 2007
Description:
Request to amend the list of approved uses for the
Quantum Park Planed Industrial Development (PID)
to include banks.
Chair Wische read the request to amend the list of approved uses.
Mr. Jared Weiner, 7000 Island Boulevard #2208 Aventura and Agent for the project was
present.
Mr. Weubben, Planner, advised staff reviewed the project and compared it against
criteria listed in Section 4.N of the Zoning Regulations and found no conflicts.
Accordingly, staff recommended approval.
Chair Wische opened the floor to public comments. No one coming forward, Chair
Wische closed the public hearing.
Ms. Jaskiewicz asked about the pancake house. The applicants did not know where
they would go, but commented they would be retrofitting the existing building.
Mr. Blehar inquired about the north/south property line and parking. Mr. Weiner
explained there was a cross access easement agreement for parking with the property
owners to the west of the building.
Motion
Ms. Jaskiewicz moved the request to amend the list of approved uses for the Quantum
Park Planned Industrial Development (PID) to include banks be approved. Mr. Casaine
seconded the motion that unanimously passed.
Quantum Park Lot 1
~ Site Plan Modification
Descri ption:
Quantum Park Lot 1 - OPH Bank (MSPM 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.C.
Quantum Park Lot 1; north side of Gateway
Boulevard, east of Congress Avenue. (Original
Pancake House).
Request for major site plan modification to convert
the existing 4,710 square foot restaurant to a S,267
square foot bank on a 1.1S-acre parcel zoned
Planned Industrial Development (PID)
2.
Project:
Agent:
Owner:
Location:
Chair Wische read the request and asked the applicants if they were in agreement with
all 23 staff comments.
13
Meeting Minutes
Planning and Development
Boynton Beach, Florida
January 23, 2007
Mr. Weiner agreed to the conditions of approval.
Mr. Weubben, Planner, announced the Utilities Department indicated there would be no
impact on their operations as a result of the request. The Engineering Department
indicated specific drainage solutions would be deferred until the time of permit review.
The traffic concurrency letter was still needed from the county. Staff was satisfied with
the landscape plan and recommended approval subject to all conditions.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Mr. Casaine asked if the modification was towards the rear of the building. Mr. Weiner
responded it was; they were adding a drive through and that was why there was a
difference in square feet.
Ms. Jaskiewicz asked about the condition related to art. She asked what was an art
installation and what the definition of art was. Mr. Weubben explained the applicant
wanted to pay the fee in lieu of providing the art. It was explained the City had a panel
to handle the matter.
Motion
Mr. Cwynar moved the request for major site plan modification to convert the existing
4,710 square foot restaurant to a S,267 square foot bank on a 1.1S-acre parcel zoned
Planned Industrial Development (PID) be approved subject to all comments. Ms.
Jaskiewicz seconded the motion that unanimously passed.
8. Other
None.
9. Conments by members
Chair Wische announced Vice Chair Hay had contacted him to indicate he was not
available to attend the meeting. His sister Lillian Artis had surgery two days ago and
was on a respirator at Bethesda Hospital. The family was with her and Vice Chair Hays
called to excuse himself and let the board know and to pray for her.
Mr. Chartes VIamynck, 922 SE 3rd Street, came forward and commented he was trying
to go through the normal channels to receive some answers, but had been unsuccessful.
He was aware of the current development on SE 3rd Street between 6th Avenue and
what could be construed as 13th Avenue by the old lumberyard. He explained there
were utility markings on the street denoting where the meters were. He wanted to
know what was being planned.
14
IX. - CITY MANAGER'S
REPORT
ITEM A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk' 5 Office
D December 5, 2006 November 20,2006 (Noon.) D
D January 2. 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16.2007 January 2. 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
~ February 13.2007 January 22,2007 D April 3. 2007 March 19,2007 (Noon)
D Announcements/Presentati ons ~ City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize staff to proceed with renovation of Old Fire Station #2 on South
Congress Avenue for the purpose of providing office space for the Boynton Beach Police Department.
EXPLANATION: For the past several months, the Boynton Beach Police and Public Works
Departments have been seeking office space remote from the existing Police Building in order to
alleviate overcrowding conditions. The City Commission had requested that action be taken to address
the severe space constraints that can inhibit department operations. At the December 5, 2006 City
Commission, City staff presented three options to the City Commission that could address the space
needs of the Police Department. These options included the following:
1. Utilization of the old Skeffington's furniture building on South Congress Avenue. Estimated
space of 14,000 square feet at a rate of $1 0.00 per square foot with no maintenance costs.
2. Lease space from Quantum Group of Companies at 2500 Quantum Boulevard. Estimated space
of 4,389 square feet at a rate of $16.00 per square foot plus maintenance of $6.89 per square foot.
3. Lease space at the new building at 1425 Gateway Boulevard. Estimated space of 14,000 square
feet at a rate of $30.00 per square foot including CAM.
The above costs ranged from a low of $1 00,464.00 per year to a high of $420,000 per year. Locations #1
and #3 were of interest to staff because there was also the potential to relocate Code Compliance
function from the temporary trailer adjacent to the old high school. While relocation of Code
Compliance is not a component to relieving space concerns in the existing Police building, staff
recognized the opportunity to do so if an ideal remote location was found. The agenda item of
December 5, 2006 is attached hereto for further reference.
During the December 5 Commission meeting, there was much discussion about the location of the
Police Department remote site and the Commission was unable to reach consensus as to where to place
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
the remote facility. From Staffs perspective, the discussion centered on what part of the community
was in need of a remote Police Facility. Many were under the impression that this remote location would
serve the community adjacent to the facility. This needs clarification. The purpose of the remote facility
is first, and foremost, to relieve space constraints on Police operations in the existing Police building
until such time that a new Police Facility is constructed on High Ridge Road, adjacent to new Fire
Station #5. Upon completion of the new Police Facility, the temporary remote Police Facility will be
abandoned because the space constraints will have been address with a new building. The temporary
remote facility will not house personnel that would respond to the area surrounding the remote facility.
Rather, the temporary remote facility will house Police services that could include the Traffic Division
or Detective Bureau. Both of these functions are independent of all other services in the Police
Department and neither function provides walk-in services to citizens. Therefore, these functions are the
most logical to relocate from the existing building to a temporary remote facility. Furthermore, each of
these functions requires simple administrative office space with minimal clerical support. There is little
need to invest significant dollars to "build out" leased space. Therefore, there is little up front capital
investment that would be lost upon final relocation of these services to a new Police Facility in a few
years.
At the December 5 Commission Meeting, the City Commission asked staff to research alternative
locations for the temporary remote location. Frankly, there is little office space available within the City
of Boynton Beach that meets the specified needs and even less space that is available at a cost that staff
deems reasonable. Staff does not believe it prudent to spend over $400,000 per year to lease space for
nothing more that a temporary relief to overcrowding, especially when we recognize that these dollars
can be used in the next few years to help finance the new Police building on High Ridge Road. Staff
believes that our best approach is to spend the least amount of money for leased space because dollars
spent on a lease will be lost forever.
Given this information, staff looked once again at our City owned spaces to determine if any of these
spaces could be renovated or re-used to temporarily house certain Police services. The Old Fire Station
#2 on South Congress immediately became a facility of interest, particularly because the roof was
repaired in just the past few weeks at FEMA expense. The bays of the old Fire Station are now being
used to store generators, trailers. a light tower and other items that are best stored in a secure. indoor
facility.
Staff inspected the administrative portion of this building to determine if this structure could house
certain administrative needs. Of course, the building was designed as a Fire Station. The administrative
space is approximately 2,100 square feet. Staff acknowledges that more space would be preferred but
this is still an increase over what currently exists. The layout can serve certain Police Administrative
functions very well. For example, the bunkroom is large enough to provide up to nine office
workstations. The Battalion Chief quarters can easily accommodate other staff in a more private setting.
Plus, the building is comprised of a built-in kitchen, break room. and restrooms. Staff believes that this
station can be easily modified to temporarily house certain Police services. One positive aspect of this
action would be that the City would have on site security for those items stored in the bays of the old
Fire Station. Several of these items are equipment that also supports the Police department.
S\BULLETIN\FORMS\ACiENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Staff clearly recognizes that minor renovation is necessary prior to relocation of certain Police functions
into the old Fire Station. For example, all flooring must be replaced. Staff recommends vinyl composite
tile. All ceiling tile should be replaced. Restroom fixtures should be replaced, lighting should be
upgraded and exterior entries should be upgraded to steel doors and frames. Additional voice and data
cabling will be necessary as well. Lastly, a deep and thorough Spring-cleaning is in order. Staff's
preliminary cost estimate to renovate this space is approximately $65,000. However, given that there are
many unknowns to this preliminary estimate, staff believes that $100,000 should be allocated in the CIP
to accommodate this work.
Investment of nearly $100,000 to upgrade the old Fire Station would not correlate to "lost" dollars of a
comparable lease alternative. Upon final relocation of all Police functions to a new building on High
Ridge, the City will still have a renovated asset/building on South Congress Avenue. In the future, the
City could choose to continue use of this facility for other City services (archival storage, for example)
or the City could choose to sell the old structure and property.
Staff recommends that old Fire Station #2 be renovated at a cost not to exceed $100,000 to house certain
temporary Police functions as determined by the Chief of Police and City Manager.
PROGRAM IMPACT: This action will provide needed temporary relief to overcrowding in the
existing Police building and do so at a reasonable cost. As noted on December 5, other options are
available at higher cost.
FISCAL IMPACT: $100,000.00 from the CIP
A:~:;~;)[ alternatives as discussed on Decern2~~ ~
Depa ment Head's Signature City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
~
c:;e e {:\ L-~ 0 \ e~ 4-0
\>~('D\.t:O Ou.)~ v~ 32-00 Co.
c..C^f')Il <M. ,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
01/11/2007 17:53
5513943983
BEST WISHES OF BOCA
PAGE 01/01
Best Wishes of Boca
2000 NE 5th Avenue
Boca Raton, FL 33431
800-330-7688
Fax 561-394-3983
www.bestwishesotboca.com
January t 2, 2007
Dear Mr. Brcssner:
We are negotiating to buy the 2 story building at 3200 South Congress Ave, Boynton
Beach. The building is presently operating as a Skeffinton's furniture store.
Upon due diligence negotiations we found the building to be M 1 zoning. Our purpose
would be to occupy it as Best Wishes, an internet e-tailer, which is acceptable to planning
and zoning.
OUf major lines require a brick and mortar showroom. However, the m~iority of our
business is internet distribution.
The upstairs of the building is built as ofticcs, but isn't zoned as such. This makes the
building unfeasible.
I'm asking your help to make the project possible by a.llowing the rental of offices
. '
upstairs. It is our understanding that the city of Boynton Beach is presently looking for
office space between 10,000 and 12,000 sq ft. which we can easily accommodate at the
price we quoted to your representative Jeff Livergood.
Weare ready, willing, and able to purchase the property providing the city will assure the
Cl, C2, or C3 zoning upon completion of the city lease agreement.
We would like to be assured that we can conduct our business in this location as well as
an ability to occupy the upstairs with offices.
/;ours ~lY, ~ () _Iff f
~~~ ~~~~
Arthur and Snellen Sussman
The City 0/ Boynton Beach
Office Of The City Manager
100 E Boynton Beach Boulevard
P.D. Box 310
Boynton Beach, Flonda 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mat/: bressnerk@CI:boynton-beach.fI.us
www. boynton-beach.org
January 18, 2007
Arthur & Suellen Sussman
Best Wishes of Boca
2000 NE 5th Avenue
Boca Raton, FL 33431
Subject:
Office uses at 3200 S. Congress Avenue
Dear Mr. and Mrs. Sussman:
This letter is in response to your letter dated January 12, 2007, requesting assurance that office
uses would be allowed at the above-referenced property.
Staff has informed me of your status in obtaining zoning confirmation for your business at the above-
referenced address, indicating the possibility of it being described in conformance with the City's M-
1 zoning district regulations. With respect to the 2nd floor (or any portion of the building) being used
for business offices, as staff has explained, the zoning regulations do not currently allow offices as
principal uses within the district.
The M-1 Zoning District has been studied and is destined for modifications to address in part,
potential impacts on residential uses; however, I cannot indicate at this time that the ultimate code
amendments will involve the addition of new uses such as business offices. The ultimate zoning
code amendments will, in part, be the product of further staff analysis, public input and action by the
City Commission.
Therefore, given my limited role in this process, I am unable to provide you with the assurance that
you have requested. If your business decision cannot await the adoption of code revisions, then you
must rely upon the information that is certain and available at this time.
Please do not hesitate to contact city staff if additional zoning information is needed to assist you
with your relocation plans.
~
Kurt Bressner
City Manager
A.:lfERICA '8 GA TETVA 1" TO THE G ULF8TREA1lf
k~,'1[~'?F-
. ~
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/U
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'0 v
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
~ February 13,2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
Administrative
o
o
:-)
I'VI Legal 0 n :::j
L:::::::,J -..J =i -<
o Unfinished Business ~ -<0
:z () "
o Public Hearing 0 '~CD
- r''1 C)
u:> :-:"? -<
RECOMMENDATION: Motion to amend the Land Development Regulations' Chapters 5, 6 & 7 to clarify tha18ll pUfiltt::
and private development projects are subject to surety requirements. :x U? 6
w ~:z:
EXPLANATION: Certain chapters within the Land Development Regulations contain surety requirements far ~ou~~
specific elements within each chapter, but not in total of all of the components that effect land development projta. "fiii~
proposed ordinance clarifies the applicability and delineation of those tasks that require surety throughout any developm~.
Announcements/Presentations
City Manager's Report
New Business
Consent Agenda
Code Compliance & Legal Settlements
PROGRAM IMPACT: None
FISCAL IMPACT: None
~E~Siontinue with fragmented regula"o", " they rebte to '~: ,
rtment Head's SIgnature CIty Manager's SIgnature
Public Warks / Engineering Division
Department Name
Assistant to City Manager
-\~
~
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07 -
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING CHAPTER 5, ARTICLE V, SECTION 2A2,
7 CHAPTER 6, ARTICLE V, SECTION 7, AND ARTICLE
8 VI, SECTIONS 1 & 3, TO CLARIFY THAT ALL
9 PUBLIC AND PRIVATE DEVELOPMENT IS SUBJECT
lO TO SURETY REQUIREMENTS, AND AMENDING
II CHAPTER 7, ARTICLE I, SECTION 2(A), ALL
12 CONTAINED IN THE LAND DEVELOPMENT
13 REGULATIONS, CLARIFYING THE APPLICABILITY
14 AND DELINEATION OF THOSE TASKS THAT
15 REQUIRE SURETY IN LAND DEVELOPMENT;
l6 PROVIDING FOR CONFLICTS, SEVERABILITY,
l7 CODIFICATION AND AN EFFECTIVE DATE.
l8
19
20 WHEREAS, the City Commission finds that the above titled code references
21 regarding surety requirements for land development projects needs to be clarified and
22 defined clearly; and
23 WHEREAS, the City Commission has noted that other chapters in the Land
24 Development Regulations (LDR) [Chapters 5, 6, 7.5, 8 and 22] require surety for those
25 applicable items noted within each respective chapter, but not in total of all of the
26 components that effect land development projects.
27 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
30 herein by this reference.
3l
Section 2.
Chapters 5, 6 & 7 of the LDR are hereby amended as follows:
32
33
34
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
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* * *
CHAPTER 5
PLATTING
* * *
ARTICLE V. PLAT PREPARATION AND APPROVAL
* * *
Sec. 2. Submission of final plat.
* * *
A.2. Surety guaranteeing that all work required whether public or private, that will
not be constructed, owned and maintained in perpetuity by the developer and his successor
and/or assigns will be completed in full accordance with the plat and approved construction
plans; with all conditions attached thereto; and with Boynton Beach Land Development
Regulations, pro'lided that no surety is roquired for se'.vage collection and transmission
systems, 'Hater distribution systems and transmission systems which will be con'/eyed to the
city upon completion of their construction. Suretv for required utility system improvements
shall be coordinated directly with the Utilities Department, whether they will remain private
or conveyed to the city upon completion of their construction. Surety shall be substantially
in the form and amount delineated in Chapter 7; and
* * *
CHAPTER 6
REQUIRED IMPROVEMENTS
* * *
ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS
* * *
Sec. 7. Obtaining Certificates of Occupancy.
No Certificates of Occupancy will be issued for buildings in the platted subdivision
until all required improvements are completed, approved and/or aHEl accepted by the City,
except that a developer may, at his option, post additional 110% surety in compliance with
Chapter 7 for work which may be more prudently put in place subsequent to building
construction such as sidewalks and landscaping. Certificates of Occupancy will not be
issued for the final ten (10) percent of the buildings until such work is approved and/or
accepted by the city as completed.
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ARTICLE VI. ACCEPT ANCE AND MAINTENANCE OF REQUIRED
IMPROVEMENTS
Sec.1. Workmanship and material agreement.
The developer shall execute and deliver to the city a cash bond or other acceptable
surety in an amount determined by the city engineer, guaranteeing the required
improvements whether public or private, that arc dedicated to the public for against defect in
workmanship and material for one (1) year after acceptance of such improvements by the
City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city
simultaneously with the satisfactory delivery of the documents required in Article Y, Section
5, of this chapter.
* * *
Sec. 3. City completion of required improvements.
When a plat has been recorded and the developer fails to complete the improvements
required by this ordinance, the City Commission may, at it's option, complete the publicly
or privately owned and maintained improvements or restore the site to its original condition
under the guarantees provided by the developer. In such case, the City Commission shall
direct the city engineer to call upon the guarantees as outlined in Chapter 7, Article I,
Section 2, paragraph D.
* * *
CHAPTER 7
SURETY
ARTICLE I. IN GENERAL
* * *
Sec. 2.
Applicability
A.
When required.
Whenever surety is required within the Boynton Beach Code of Ordinances
and/or Land Development Regulations it shall be provided in the form and manner
prescribed in Section 3 hereinafter. The type of surety shall be determined by the
administrator of the code section involved, and shall be acceptable to the Boynton
Beach City Attorney. Required improvements shall include all those items stipulated
in Chapter 6, Article III of the LDR including restoration of the lands disturbed by
said improvements. Surety for required utility system improvements shall be
coordinated directly with the Utilities Department, whether they will remain private
10
1
2
3
4
5
6
7
or converyed to the city upon completion of their construction. It shall also include
any off-site areas disturbed to install any improvements required by the proiect.
Surety shall be required for improvements associated with all planned developments,
to wit, peDs, Pills, PUDs, etc.
8
Section 3.
Each and every other provISIOn of said chapters, not herein
9 specifically amended shall remain in full force and effect as previously enacted.
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
11 same are hereby repealed.
12
Section 5.
Should any section or provision of this Ordinance or portion hereof,
13 an paragraph, sentence or word be declared by a court of competent jurisdiction to be
14 invalid, such decision shall not affect the remainder of this Ordinance.
15
16
17
18
Section 6.
Authority is hereby granted to codify this said Ordinance.
Section 7.
The Ordinance shall become effective immediately after passage.
{REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
1 FIRST READING this _ day of
,2007.
2 SECOND, FINAL READING AND PASSAGE this _ day of
3 2007.
4
5
6
7
8
9
10
11
l2
13
l4
l5
16
l7
18
19
20
2l
22 ATTEST:
23
24
25 City Clerk
26
27
28 (CORPORATE SEAL)
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
_ [nIZ- .
ORDINANCE NO. 07 - /?ffllL tiS f.; l
fjlJ>
AN ORDINANCE OF THE CITY COMMISSION OF THE l,; ~
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 5, ARTICLE V, SECTION 2A2, CHAPTER 6,
ARTICLE V, SECTION 7, AND ARTICLE VI, SECTIONS 1
& 3, TO CLARIFY THAT ALL PUBLIC AND PRIVATE
DEVELOPMENT IS SUBJECT TO SURETY
REQUIREMENTS, AND AMENDING CHAPTER 7,
ARTICLE I, SECTION 2 (A), ALL CONTAINED IN THE
LAND DEVELOPMENT REGULATIONS, CLARIFYING
THE APPLICABILITY AND DELINEATION OF THOSE
TASKS THAT REQUIRE SURETY IN LAND
DEVELOPMENT; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission finds that the above titled code references regarding
surety requirements for land development projects needs to be clarified and defined clearly; and
WHEREAS, the City Commission has noted that other chapters in the Land
Development Regulations (LDR) [Chapters 5, 6, 7.5, 8 and 22] require surety for those
applicable items noted within each respective chapter, but not in total of all of the components
that effect land development projects.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2.
Chapters 5, 6 & 7 of the LDR are hereby amended as shown on Exhibit
"A", attached.
Section 3.
Each and every other provision of said chapters, not herein specifically
amended shall remain in full force and effect as previously enacted.
Section 4.
are hereby repealed.
Section 5.
All ordinances or parts of ordinances in conflict herewith be and the same
Should any section or provision of this Ordinance or portion hereof, an
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 6.
Section 7.
Authority is hereby granted to codify this said Ordinance.
The Ordinance shall become effective immediately after passage.
FIRST READING this _ day of ,2007.
SECOND, FINAL READING AND PASSAGE this _ day of
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(CORPORATE SEAL)
EXHIBIT "A"
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
* * *
CHAPTER 5
PLATTING
* * *
ARTICLE V. PLAT PREPARATION AND APPROVAL
* * *
Sec. 2. Submission of final plat.
***
A.2. Surety guaranteeing that all work required whether ~Ublic or ~rivate~~::;=
be constructed, o'.vned and maIntaIned In perpetUIty by the devel fief and IS suo
assigns will be completed in full accordance with the plat and approved construction plans; with
all conditions attached thereto; and with Boynton Beach Land Development Regulations,
~~:~~ that no ,...-ety io rO'Juired fur ,ewage collection and tranSBii:io: ~~":' ;:
~~~ n{~~s and transmISsIOn systems ,,<,hIch WIll be con'.'ey thy
completion of thei; construction. Surety for required utility system improvements shall be
coordinated directly with the Utilities Department, whether they will remain private or conveyed
to the city upon completion of their construction. Surety shall be substantially in the form and
amount delineated in Chapter 7; and
***
CHAPTER 6
REQUIRED IMPROVEMENTS
***
ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS
* * *
Sec. 7. Obtaining Certificates of Occupancy.
No Certificates of Occupancy will be issued for buildings in the platted subdivision until
all required improvements are completed, approved and/or aH€l accepted by the City, except that
a developer may, at his option, post additional 110% surety in compliance with Chapter 7 for
work which may be more prudently put in place subsequent to building construction such as
sidewalks and landscaping. Certificates of Occupancy will not be issued for the final ten (l 0)
percent of the buildings until such work is approved and/or accepted by the city as completed.
ARTICLE VI.
IMPROVEMENTS
ACCEPT ANCE AND MAINTENANCE OF REQUIRED
Sec.1. Workmanship and material agreement.
The developer shall execute and deliver to the city a cash bond or other acceptable surety
in an amount determined by the city engineer, guaranteeing the required improvements whether
public or private, that are dedicated to the public for against defect in workmanship and material
for one (1) year after acceptance of such improvements by the City Commission. Surety shall be
as specified in Chapter 7 and shall be delivered to the city simultaneously with the satisfactory
delivery of the documents required in Article V, Section 5, of this chapter.
* * *
Sec. 3. City completion of required improvements.
When a plat has been recorded and the developer fails to complete the improvements
required by this ordinance, the City Commission may, at it's option, complete the publicly or
privately owned and maintained improvements or restore the site to its original condition under
the guarantees provided by the developer. In such case, the City Commission shall direct the city
engineer to call upon the guarantees as outlined in Chapter 7, Article I, Section 2, paragraph D.
* * *
CHAPTER 7
SURETY
ARTICLE I. IN GENERAL
* * *
Sec. 2.
Applicability
A.
When required.
Whenever surety is required within the Boynton Beach Code of Ordinances
and/or Land Development Regulations it shall be provided in the form and manner
prescribed in Section 3 hereinafter. The type of surety shall be determined by the
administrator of the code section involved, and shall be acceptable to the Boynton Beach
City Attorney. Required improvements shall include all those items stipulated in Chapter
6, Article III of the LDR including restoration of the lands disturbed by said
improyements. Surety for required utility system improvements shall be coordinated
directly with the Utilities Department, whether they will remain private or converyed to
the city upon completion of their construction. It shall also include any off-site areas
disturbed to install any improvements required by the proiect. Surety shall be required
for improvements associated with all planned developments, to wit, peDs, Pills, PUDs,
etc.
XII. - LEGAL
ITEM 0.1
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 Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk' 5 Office
0 December 5, 2006 November 20,2006 (Noon,) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16. 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
~ February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Appoint City Commission representative and alternate to the following organization:
The Greater Boynton Beach Sister Cities Committee, Inc.
EXPLAN A TI 0 N: The Sister City Program, administered by Sister Cities International, was initiated by the President of the
United States in 1956 to encourage greater friendship and understanding between the United States and other nations through
direct and personal contact. Many communities have relationships with other communities to foster such goals as cultural
exchange, economic development and trade, education and exchange of ideas. The Greater Boynton Beach Sister Cities
Committee, Inc. is a member of Sister Cities International. On September 10, 2001, Boynton Beach, Florida and Qufu, China
became Sister Cities. The Greater Boynton Beach Sister Cities Committee, Inc. are currently investigating the possibility of
forming an additional Sister City relationship with Eleuthera, Bahamas.
PROGRAM IMPACT:
FISCAL IMPACT: (Include Account Number where funds will come from)
ALTERNATIVES:
City Manager's Signature
Assistant to City Manager ~
Department Head's Signature
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
5 AS A
6 REPRESENTATIVE TO THE GREATER BOYNTON
7 BEACH SISTER CITIES COMMITTEE, INC., AND
8 APPOINTING ANY CITY COMMISSION MEMBER AS
9 ALTERNATE REPRESENTATIVE TO THE GREATER
lO BOYNTON BEACH SISTER CITIES COMMITTEE,
II INC.; AND PROVIDING AN EFFECTIVE DATE.
l2
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled
15 to representation on The Greater Boynton Beach Sister Cities Committee, Inc; and
16 WHEREAS, the City Commission has considered the qualifications necessary for
17 such representation and wishes to bestow upon the following named individuals such right
18 and honor of service.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as
22 being true and correct and incorporated herein by reference.
23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
24 appoints as a representative to The Greater Boynton
25 Beach Sister Cities Committee, Inc., and appoints any City Commission member as alternate
26 representative to The Greater Boynton Beach Sister Cities Committee, Inc..
27 Section 3. That this Resolution shall become effective immediately upon passage.
S:\CA\RESO\Appointments\Sister Citics,doc
1
2 PASSED AND ADOPTED this
3
4
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
27
28 (Corporate Seal)
S:\CA \RESO\Appointments\Sister Cities,doc
day of
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
.
/
XI. - NEW BUSINESS
ITEM A.
,
....
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 JanuaIY 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 FebruaIY 12,2007 (Noon)
0 JanuaIY 16, 2007 JanuaIY 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
C8J FebruaIY 13,2007 JanuaIY 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative C8J New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion of establishing "No Gang" zones throughout the City of Boynton Beach, per the request
ofa member of the City Commission
'" ~
EXPLANA TlON: Establishing prohibited places, areas or zones that would make it illegal for two or more gang members to
congregate and allow authorities to arrest them.
PROGRAM IMP ACT:
FISCAL IMPACT: (Include Account Number where funds will come from)
ALTERNATIVES:
City Manager's Signature
Assistant to City Manager C:fr~
Department Head's Signature
City Attorney / Finance
Department Name
I'
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.
WPB police to fight gangs in civil court
WEST PALM BEACH, Fla. - Police here want to fight gangs not just by arresting
them, but also by taking them to civil court.
The plan by the West Palm Beach Police Department is to identify gang members and the
locations where they congregate, then to persuade a judge to issue an injunction blocking
them from being together.
If two or more of the gang members are then gathered at the prohibited place, authorities
can arrest them. However, accused gang members could fight the injunction in court.
"Now, when we have these people hanging on a street comer, we're really helpless to do
anything about it" unless authorities witness a crime, Police ChiefDelsa Bush told The
Palm Beach Post. "We're really trying to think outside the box."
City commissioners approved the first reading of the anti-gang ordinance on Monday. A
final reading is scheduled Feb. 26.
Police suspect that four of 19 homicides in the city last year were gang-related.
"We're trying to stay ahead of the gangs. We're the first city in Florida to use this," said
Police Capt. Daniel Sargent, commander of the criminal investigations unit.
The cities of Los Angeles, San Antonio and EI Paso, Texas, have used similar
injunctions.
"If this works, and we expect it will, it will be a model for other cities around the state,"
Mayor Lois Frankel said.
February 6, 2007 - 1: 19 p.m. EST
Copyright 2007, The Associated Press. The information contained in the AP Online news
report may not be published, broadcast or redistributed without the prior written authority
of The Associated Press.
J
~2f07/~~U' UL:~~
:JOltlLO:::.I.LJ.4
"-'.1.11 .......1 U
.;
/
ORDINANCE NO. 4021-07
AN ORDINANCE OF THE CITY COMMISSION OF TIlE CITY OFWEST PALM BEACH,
fLORID~ AMENDING THE CODE OF ORDINANCES OFTHE CITY OF WEST PALM
BEACH, FLORIDA, BY CREATING ARTICLE XI ENTITLED "CRIMINAL STREET
GANG PREVENTION ORDINANCE" OF CHAPTER 54 (OFFENSES); ADOPTING F.S.
~874.03; DEEMING CRIMINAL STREET GANGS AND CRIMINAL STREET GANG'S
USE OF A PLACE A PUBLIC NUISANCE; AUTHORIZING A CIVIL CAUSE OF ACTION
TO A6ATE THE NUISANCE; PROVIDING FOR A CODIFICATION CLAUSE, A
CONFLICTS CLAUSE, AND A SEVERABILIIT CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES. '
~ * * ~ * * * * * * * *
WHEREAS. the City Commission finds that there is a mounting crisis caused by criminal
street gangs whose members threaten and terrorize peaceful citizens and commit a multitude of
crimes; and
WHEREAS, F.S. Ch. 874 was created with the intent to eradicate the terror created. by
I"
criminal street gangs and their members by providing enhanced penalties and by eliminating the
patterns, profits, proceeds, instnunentalities and property facilitating criminal street gang activity,
including criminal street gang recruitment; and
WHEREAS, the public health, safety, and welfare of the public is advanced by adoption of
this ordinance in that enforcement authorizes the use of gang injunctions as a means to eliminate
pattern!>, profits and gang recruitment and nuisance behavior, thereby providing a powerful tool in
the fight against street gangs; and
WHEREAS, the City Commission finds that it is the right of every person, regardless of
race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and
protected from fear, intimidation, and physical harm caused by the activities of criminal street gangs
and their members; and
(
~~i~I/~~~' ~L:~q
::lbll:lLLlL14
,-..1. I Y wro
~
..
WHEREAS, it is the intent of the City Commission to eradicate the terror created by
criminal street gangs and their members by providing a civil cause of action to enjoin criminal street
gang activity in the City of West Palm Beach; and
WHEREAS, gang-related incidents and patterns of criminal street gang activity committed
by criminal street gang members and associates in the City of West Palm Beach .cause a public
nuisance and constitute violations under The ordinance and may be abated by a gang inj Wlction; and
WHEREAS, the City Commission finds it in the public interest to create an ordinance that
provides for gang injunctions to abate the public nuisance caused by thc conduct and activities of
criminal street gangs, their members and associates; and
WHEREAS, the City Commission finds that this Ordinance is necessary to maintain the
public order and safety, as criminal street gang activities, both individually and collectively, present a
clear and present danger and the City has a compelling interest in preventing criminal street gang
activity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WEST PALM BEACH, FLORIDA, THAT:
SECTION 1:
Chapter 54 (Offenses) of the Code of Ordinances of the City of West Palm
Beach, is hereby created to read as follows:
ARTICLE XI. CRIMINAL STREET TERRORISM PREVENTION
This article may be cited as "Criminal Street Gang Prevention Ordinance."
Sec. 54--361. Defiolltons
The City adopts by reference the definitions in F. S. &874.03.
Sec. 54-362. Public Nuisance for Puroose of Gane Iniunctions.
A criminal street gang, criminal street gang members, or associates who are engaged in a
pattern of criminal street ganQ activitv or Qang related incidents is a DubHc nuisance.
~
02/B7/~~~r ~~:~4
~bll:rLLTLlq
"-'.1.1 Y WrD
I
Sec. 54-363. Public Nuisance: Use of Place for Purpose of Gaol! loiuoctions.
The habitual use of a place by a criminal street gang its members or associates for
engaging in criminal street gang activity or gang-related incidents is a public nuisance.
Sec. 54-364. Abatement of pubUc Nuisance.
The City Attorney is authorized to bring a civil cause of action to enioin the JJublic
nuisance set forth herein and to enforce its codes or ordinances by any other means
availahle at law.
SECTION 2:
Specific authority is hereby granted to codify trus ordinance.
SECTION 3:
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4:
Should any section or provision of this ordinance or any portion, paragraph,
sentence or word thereof be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity ofthe remainder hereof as a whole,
or any other part thereof.
SECTION 5:
This ordinance shall take effect in accordance with law.
('
FIRST READING THIS
DAY OF
,2007.
SECOND READING AND FINAL PASSAGE THIS
DAY OF
.2007.
(CORPORATE SEAL)
CITY OF WEST PALM BEACH
BY ITS CITY COMMISSION
ATTEST:
PRESIDING OFFICER
CITY CLERK
CITY ATTORNEY'S OfFICE
Approved as to form and
legal sufficiency
By;
Date:
f;\KRothenbIll1lIORDlNANCES\OIUS lv,iUllClJ01l Ordin.anc:< doe
Last pn.,ted: 02/05/2007 ['..? PM
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West's F.S.A. 9 874.03
West's Florida Statutes Annotated Currentness
TItle XLVI. Crimes (Chapters 775-899)
'thaDter 874. Street Terrorism Enforcement and Prevention (Refs & Annos)
"'a74.0~. Definitions
As used in this chapter:
(1) "Criminal street gang" means a formal or Informal ongoIng organization, association,
or group that has as one of its primary activities the commission of crIminal or delinquent
acts, and that consists of three or more persons who have a common name or common
identifYing signs, colors, or symbols and have two or more members who, individually or
collectively, engage in or have engaged in a pattern of criminal street gang activity.
(2) "Criminal street gang member" is a person who is a member of a criminal street gang
as defined in subsection (1) and who meets two or more of the following criteria:
(a) Admits to criminal street gang membership.
(b) Is identified as a criminal street gang member by a parent or guardian.
(c) Is Identified as a criminal street gang member by a documented reliable informant.
(d) Resides in or frequents a particular criminal street gang's area and adopts their style
of dress, their use of hand signs, or their tattoos, and associates with known criminal
street gang members.
(e) Is identified as a criminal street gang member by an informant of previously untested
reliability and such identification is corroborated by independent information.
(f) Has been arrested more than once in the company of identified criminal street gang
members for offenses which are consistent With usual criminal street gang activity.
(g) Is identified as a criminal street gang member by physical evidence such as
photographs or other documentation.
(h) Has been stopped in the company of known criminal street gang members four or
more times.
(3) "Pattern or criminal street gang actIvity" means the commiSSion or attempted
commission of, or solicitation or conspiracy to commit, two or more felony or three or
more misdemeanor offenses, or one felony and two misdemeanor offenses, or the
comparable number of delinquent acts or violations of law which would be felonies or
misdemeanors if committed by an adult, on separate occasions within a 3-year period.
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(4) For purposes of law enforcement identification and tracking only:
(a) "Criminal street gang associate" means a person who:
1. Admits to criminal street gang association; or
2. Meets any single defming cnterion for criminal street gang membership described in
subsection (2).
(b) "Gang-related incident" means an Incident that, upon investigation, meets any of the
following conditions:
1. The participants are identified as criminal street gang members or criminal street gang
associates, acting, individually or collectively, to further any criminal purpose of the
gang;
2. A reliable informant identIfies an incident as criminal street gang activity; or
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3. An informant of previously untested reliability identifies an inddent as criminal street
gang activity and it is corroborated by independent information.
CREDIT(S)
Laws 1990. c. 90-207. ~ 1; Laws 1994. c. 94-209. 9 75. Amended by Laws 1996. c. 96-
368. ~ 36. eft. Oct. L 1996.
HISTORICAL AND STATUTORY NOTES
Amendment Notes:
Laws 1994, c. 94-209, eff. Oct. 1, 1994, which created the Department of Juvenile
Justice, and which revised provisions relating to juveniles as part of a comprehensive
strategy to address the problem of juvenile crime, substituted references to criminal
street gc:mg for references to youth and street gang throughout; In subsec. (3), inserted
reference to two or more delinquent acts or violatlons of law; and following "period"
deleted "for the purpose of furthering gang activity".
Laws 1996, c. 96-388, 9 36, eff. Oct. I, 1996, in subsec. (1), deleted paragraph
designations and made corresponding language and punctuation changes throughout,
Inserted "that has as one of its primary activities the commission of criminal or delinquent
acts, and that consists" following "group", and substituted "two or more members" for
"members or associates" following "and have"; in subsec. (2), substituted "is a member
of a criminal street gang as defined in subsection (1) and who" for "engages in a pattern
of criminal street gang activity" following "person who" In the introductory paragraph,
and deleted "a youth under the age of 21 years who is" following "15ft at the beginning of
par. (b); in subsec. (3), substituted "or conspiracy to commit, two or more felony or
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three or more misdemeanor offenses, or one felony and two misdemeanor offenses, or
the comparable number of" for ", by any member or members of a criminal street gang,
of two or more felony or violent misdemeanor offenses, or two or more" follOWing
"solicitation", substituted a reference to misdemeanors for a reference to violent
misdemeanors, and made nonsubstantive language and punctuation changes; and added
subsec. (4), defining terms.
West's F. S. A. S 874.03, FL ST 9 874.03
Current through Nov. 7, 2006 General Election.
@ 2006 Thomson/West
END OF DOCUMENT
(C) 2007 Thom~on/west. No Claim to On9. U.S. Govl. Works.