Agenda 04-03-12 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, APRIL 3, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor – At Large
William Orlove
Vice Mayor – District I
Mack McCray
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
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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, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the 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 – Time Limit – Three (3) Minutes
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, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
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 who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled 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).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim the month of April 2012 as Paralyzed Veterans Association Awareness
Month.
B. Proclaim the week of April 8 to April 14, 2012 as National Library Week with Tuesday,
April 10 as National Library Workers Day.
C. Announcement of the Movies on the Ave. film for April 6, 2012
D. Announcement of the Downtown Open Market on Sunday, April 15, 2012
E. Announcement of Sunday Funday on Sunday, May 6, 2012
F. Announcement of the Ocean Avenue Concert for Friday, April 20, 2012
G. Announcement of the Movies on the Ave. film for May 4, 2012.
H. Announcement of the Ocean Avenue Concert for Friday, May 18, 2012
I. Presentation by members of the City of Boynton Beach Sister Cities regarding the
Boynton Beach delegation's recent trip to Les Cayes, Haiti
J. Announcement of Community Improvement Public meeting for Community
Development Block Grant 1 year Action Plan and 5 year Consolidated Plan.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
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5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
B. Discuss the appointment of Richard Wise to the Community Relations Board as an
alternate and possible appointment of Richard Wise to the Code Compliance Board
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments
A. Accept the FY 2011-12 Budget Status Report of the General Fund & Utility Revenue
Fund for the five (5) month period ended February 29, 2012 recognizing that budgeted
General Fund Business Taxes and State Shared Revenues may fall short for the year.
PROPOSED RESOLUTION NO. R12-026
B. - Approve the reinstatement of the
Interlocal Agreement between the Board of County Commissioners, Palm Beach
County, Florida and the City in its entirety, extending the term of the original
agreement to September 30, 2012, and increasing funding received by $20,000 from
$71,352 to $91,352 for personnel and/or youth interest-based programming,
authorizing the Interim City Manager to execute agreements associated with this
reinstatement
C. Approve the minutes from the City Commission regular meeting held on March 20,
2012
D. Accept the resignation of Boyd Boggess, a regular member of the Building Board of
Adjustment and Appeals
E. Accept the resignation of Matthew Barnes, a regular member of the Planning and
Development Board
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
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9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
PROPOSED ORDINANCE NO. 12-006 - FIRST READING
A. - Amend the Land
Development Regulations (LDR) to 1) allow elementary, middle, and high schools in
the Planned Unit Development (PUD) zoning district; 2) allow certain types of
commercial uses as accessory uses within City-owned/operated parks that are zoned
Recreation (REC); and 3) clarify the restrictions associated with the commercial
(TABLED ON
component of beverage and food manufacturing establishments.
MARCH 20, 2012)
PROPOSED ORDINANCE NO. 12-004 - SECOND READING - PUBLIC HEARING
B. -
Approve Seabourn Cove Phase II rezoning (REZN 12-001) of subject property to
replace an expired PUD (Planned Unit Development) master plan for 121 townhome
units with a new PUD master plan consisting of 148 multi-family rental units.
(TABLED ON
Applicant: Bradley Miller, Miller Land Planning Consultants, Inc
MARCH 20, 2012)
C. Approve Seabourn Cove Phase II new site plan (NWSP 12-001) for multi-family
residential (rental apartments and townhomes) consisting of 148 dwelling units within
14, three-story buildings and associated recreational amenities and parking within a
master planned PUD on 7.4 acres. Applicant: Bradley Miller, Miller Land Planning
(TABLED ON MARCH 20, 2012)
Consultants, Inc
PROPOSED RESOLUTION NO. R12-027
D. - Approve Land Development Agreement
with Gulfstream Gardens LLC
10. CITY MANAGER’S REPORT
A. Review and discuss Bids received on three (3) parcels of City-owned Real Property.
11. UNFINISHED BUSINESS
A. Not-for-Profit Notice of Intent / Moratorium Study- Staff update
12. NEW BUSINESS
A. Discussion regarding the purchase of land, development and maintenance for a new
passive park located at SW 1st Ave and SW 1st St. at the request of Commissioner
Holzman.
B. Review procedures for adding items to City Commission agenda.
C. Request by Commissioner Holzman for City Commission to have discussion on
possible dissolution of Financial Advisory Committee
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13. LEGAL
None
14. FUTURE AGENDA ITEMS
A. Presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman
District 86 to provide an update from the recent legislative session - 4/17/12.
B. Police Study - 4/17/12
C. Update on In-house Medical Clinic- 5/1/12
D. Discussion of City Manager Search interview rankings - 5/1/12.
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY
TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN
AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY.
PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS
PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE
AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA
AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE
CITY CLERK.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 3, 2012
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RACC:
Proclaim the month of April 2012 as Paralyzed Veterans
EQUESTED CTION BY ITY OMMISSION
Association Awareness Month.
ER:
In 1984 Paralyzed Veterans of America set aside a month to raise
XPLANATION OF EQUEST
th
awareness for issues of importance to paralyzed veterans. This year marks the 65 year of
the organization’s existence. The theme for this year’s observance of PVA Awareness Month
is “Building a Nation Fit for Heroes.”
H?
Raise awareness of the needs of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
paralyzed veterans, and how members of PVA continue to serve their communities.
FI:
N/A
ISCAL MPACT
A:
Not allow proclamation.
LTERNATIVES
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PROCLAMATION
WHEREAS, Residing within the boundaries of Boynton Beach, Florida, many of our neighbors
have served as members of the Armed Forces, and in doing so honored our community with
exemplary dedication; and
WHEREAS, It is important that we recognize the sacrifices made by our community’s veterans
who are paralyzed.
THEREFORE, I, Woodrow H, Mayor of the City of Boynton Beach, hereby proclaim the month
of April 2012 in as:
Paralyzed Veterans of America Awareness Month
I encourage the citizens of Boynton Beach to honor our paralyzed veterans because they
personify the highest ideals of service to county, sacrifice of self and perseverance in
overcoming adversity. Their stories of hardship and triumph provide life-affirming lessons for
all of us.
I also encourage the people of Boynton Beach to observe and participate in the activities
associated with PVA Awareness Month and reflect upon the sacrifices endured by our
community’s veterans who are paralyzed. There are many local community service
organizations, particularly those serving our youth that seek involvement in worthy projects,
and PVA Awareness Month meets and surpasses that standard.
In witness whereof
, I have hereunto set my hand and caused the Seal of the City of Boynton
rd
Beach, Florida, to be affixed at Boynton Beach, Florida, the 3 day of April, Two Thousand
and twelve.
________________________________
Woodrow Hay, Mayor
ATTEST: City of Boynton Beach
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Proclaim the week of April 8 to April 14, 2012 as National
EQUESTED CTION BY ITY OMMISSION
Library Week with Tuesday, April 10 as National Library Workers Day.
ER
:In the mid-1950s, research showed that Americans were spending
XPLANATION OF EQUEST
less on books and more on radios, televisions and musical instruments. Concerned that
Americans were reading less, the American Library Association (ALA) and the American Book
Publishers formed an organization to encourage people to read in their increasing leisure time,
improve incomes and health and develop a strong and happy family life.
In 1957, the committee developed a plan for National Library Week based on the idea that
once people were motivated to read, they would support and use libraries. With the
cooperation of ALA and with help from the Advertising Council, the first National Library Week
was observed in 1958 and has continued through the years.
H?
The Proclamation will promote public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness of all the Library’s services and increase its customer patronage.
FI:
Greater Library use could stimulate customers to shop or eat at local
ISCAL MPACT
businesses.
A:
Not allow the Proclamation.
LTERNATIVES
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P
ROCLAMATION
WHEREAS
, libraries provide free access to all – from books and online resources for families
to library business centers that help support entrepreneurship and retraining;
WHEREAS
, our nation’s school, academic, public and special libraries make a difference in
the lives of millions of Americans today, more than ever;
WHEREAS
, librarians are trained professionals, helping people of all ages and backgrounds
find and interpret the information they need to live, learn and work in a challenging economy;
WHEREAS
, libraries are helping level the playing field for job seekers, with 88% of public
libraries providing access to job databases and other online resources;
WHEREAS
, libraries are places of opportunity providing programs that teach all forms of
literacy, promoting continuing education and encouraging lifelong learning;
WHEREAS,
in times of economic hardship, Americans turn to – and depend on – their libraries
and librarians;
WHEREAS
, libraries, librarians, library workers and supporters across America are celebrating
National Library Week.
NOW, THEREFORE
, be it resolved that I, Woodrow Hay, Mayor of the City of Boynton Beach,
ththth
proclaim National Library Week, April 8 to the 14, 2012, and Tuesday, April 10 as
National Library Workers Day.
I encourage all residents to visit the library this week to take advantage of the wonderful library
resources available @ your library.
IN WITNESS WHEREOF
, I have hereunto set my hand and caused the official seal of the City
rd
of Boynton Beach, Florida, to be affixed to this proclamation on the 3day of April, Two
Thousand Twelve.
________________________________
Woodrow L. Hay, Mayor
ATTEST:
_________________________
City Clerk
(Corporate Seal)
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RACC:
Announcement of the Movies on the Ave. film for April 6,
EQUESTED CTION BY ITY OMMISSION
2012
ER:
Friday, April 6, 2012
On , the Boynton Beach CRA and the City of
XPLANATION OF EQUEST
WE BOUGHT A ZOO PG-
Boynton Beach will present a Movies on the Ave film screening, featuring
13
starring Matt Damon. This FREE event will begin at 8:00 at the Ocean Avenue Amphitheatre
PM
next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Gourmet Food
GTE)
Trucks (will be on-site for your dining pleasure. Please bring your folding chairs or blankets.
Parking onsite, no pets or outside food and drinks, please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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RACC:
Announcement of the Downtown Open Market on
EQUESTED CTION BY ITY OMMISSION
Sunday, April 15, 2012
ER:
Sunday, April 15, 2012
On , the Boynton Beach CRA will present the
XPLANATION OF EQUEST
Downtown Open Market at the Civic Center and the surrounding outdoor area. This FREE event will
take place from 11:00PM to 4:00PM. and features handmade indie crafts, vintage goods, art and
specialty pet items. Live music will be provided by Cricklewood and to add a little more excitement
Gourmet Food Trucks will be on-site providing the food and drinks. There is ample FREE parking
onsite. No pets or outside food or beverage please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Budgeted in line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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RACC:
Announcement of Sunday Funday on Sunday, May 6,
EQUESTED CTION BY ITY OMMISSION
2012
ER:
Sunday, May 6, 2012
On , the Boynton Beach CRA will present Sunday
XPLANATION OF EQUEST
Funday at the Boynton Harbor Marina. The event will feature a fishing clinic, giant slide, typhoon
obstacle course, face painter, games and a fishing lure crafter. This FREE event will take place from
1:00 to 4:00. Adults can enjoy live music and food and drinks provided by Two Georges Waterfront
PM
Grille. There is ample parking onsite, in the parking garage and at the NE corner of N. Federal Hwy.
and Ocean Avenue.
No pets please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Budgeted in CRA line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Announcement of the Ocean Avenue Concert for Friday,
EQUESTED CTION BY ITY OMMISSION
April 20, 2012
ER:
Friday, April 20, 2012
On , the Boynton Beach CRA will present an
XPLANATION OF EQUEST
The RipTide Band.
Ocean Avenue Concert, featuring the music of This FREE concert will take place
from 6:00 to 9:00 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s
PM PM
Museum on Ocean Avenue just east of Seacrest. Gourmet Food Trucks and Drinks will be on site for
your dining pleasure. Please bring your folding chairs or blankets and be prepared to dance the night
away. Parking onsite, no pets or outside food and drinks, please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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Announcement of the Movies on the Ave. film for May 4,
EQUESTED CTION BY ITY OMMISSION
2012.
ER:
Friday, May 4, 2012
On , the Boynton Beach CRA and the City of
XPLANATION OF EQUEST
HUGO - PG-13.
Boynton Beach will present a Movies on the Ave film screening, featuring The film
recently received five Oscar’s. This FREE event will begin at 8:00 at the Ocean Avenue
PM
Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest.
GTE)
Gourmet Food Trucks (will be on-site for your dining pleasure. Please bring your folding chairs
or blankets. Parking onsite, no pets or outside food and drinks, please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Announcement of the Ocean Avenue Concert for Friday,
EQUESTED CTION BY ITY OMMISSION
May 18, 2012
ER:
Friday, May 18, 2012
On , the Boynton Beach CRA will present an
XPLANATION OF EQUEST
The CP+3 Band.
Ocean Avenue Concert, featuring the R & B music of This FREE concert will take
place from 6:00 to 9:00 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s
PM PM
Museum on Ocean Avenue just east of Seacrest. Gourmet Food Trucks and Drinks will be on site for
your dining pleasure. Please bring your folding chairs or blankets and be prepared to dance the night
away. Parking onsite, no pets or outside food and drinks, please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Presentation by members of the City of Boynton Beach
EQUESTED CTION BY ITY OMMISSION
Sister Cities regarding the Boynton Beach delegation's recent trip to Les Cayes, Haiti
ER:
The municipal delegation from Boynton Beach, FL, made the trip to
XPLANATION OF EQUEST
Les Cayes, Haiti on February 10, 2012 as part of the Sister Cities agreement. The group
initiated discussions for collaboration between the two cities on several topics including water
treatment and waste management.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not allow presentation.
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Announcement of Community Improvement Public
EQUESTED CTION BY ITY OMMISSION
meeting for Community Development Block Grant 1 year Action Plan and 5 year Consolidated Plan.
The Community Improvement Division will hold a special
ER:
XPLANATION OF EQUEST
meeting for the residents of the City of Boynton Beach as part of the planning process
for Fiscal Year 2012/2013 to receive input from the Community concerning
housing
and needs to be considered for the
non-housing community development
preparation of the City’s One (1) Year Action and Five [5] Year Consolidated Plans
and program application for submission to the U.S. Department of Housing and Urban
Development.
This special meeting will be held . in the
Thursday, April 12, 2012, at 5:00 p.m
th
Commission Chambers of City Hall, 100 E. Boynton Beach Blvd.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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5. A
ADMINISTRATIVE
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER:
The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H?
Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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5. B
ADMINISTRATIVE
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discuss the appointment of Richard Wise to the
EQUESTED CTION BY ITY OMMISSION
Community Relations Board as an alternate and possible appointment of Richard Wise to the Code
Compliance Board
ER:
Richard Wise submitted an application on October 3, 2011 and
XPLANATION OF EQUEST
was appointed to the Community Relations Board as an alternate member on December 6,
2011. On February 16, 2012 Mr. Wise submitted an application to serve on the Code
Compliance Board.
The advisory board application includes the question, “Have you ever been convicted of a
crime?” Mr. Wise responded he had not been convicted of a crime on both the applications for
the Community Relations Board and the Code Compliance Board. The signature portion of the
application reads as follows: “I hereby certify that the statements and answers provided herein
are true and accurate. I understand that, if appointed, any false statements may be cause for
removal from a board.”
Information received in the City Clerk’s office on March 6, 2012 indicated Mr. Wise had been
convicted of a crime in Maryland District Court, October 8, 1984, paid a fine, costs and
restitution.
A police report from the Boynton Beach Police Department indicates Mr. Wise was involved in
an incident with Richard Yerzy, a regular member of the Code Compliance Board since
December, 2008; however, no charges were filed. Mr. Wise was contacted by phone and
advised of the discrepancy and requested he be allowed to appear and offer an explanation.
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H?
If it is determined Mr. Wise cannot serve
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
on any board, the Community Relations Board would only have one alternate member. The
Code Compliance would continue to operate with no alternates.
FI:
N/A
ISCAL MPACT
A:
LTERNATIVES
1) Allow Mr. Wise to continue as an alternate on the Community Relations Board
2) Remove Mr. Wise from the Community Relations Board
3) Disqualify Mr. Wise as an applicant for the Code Compliance Board
4) Appoint Mr. Wise as alternate on the Code Compliance Board
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6. A
CONSENT AGENDA
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2011-12 Budget Status Report of the
EQUESTED CTION BY ITY OMMISSION
General Fund & Utility Revenue Fund for the five (5) month period ended February 29, 2012 recognizing
that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year.
ER:
This report summarizes the estimated funding sources and the
XPLANATION OF EQUEST
adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund (the two
major funds of the City) for the five (5) month period ended February 29, 2012 (42% of the fiscal
year). The analysis compares
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what provides and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and the Utility
ISCAL MPACT
Revenue Fund follow.
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GENERAL FUND
FY 2011-12FY 2010-11FY 2012 vs. 2011
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 65,142$ 38,23859%$ 68,551$ 38,976 57%-5%-2%
Expenditures$ (65,142)$ (31,031)48%$ (68,551)$ (28,340)41%-5%9%
Excess (Deficit)$ -$ 7,207$ -$ 10,636
Revenues & Transfers (Exhibit A)
Budgeted Funding Sources:
Property taxes and other revenues only provide funding
sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for the FY
2012. Transfers from other funds (non-revenues) provide $22.3 M or a large 34% of the total
funding sources to balance our $65.1 M General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 35% - $ 22.5 M – Property taxes less Tax Increment Financing to the CRA
2. 31% - $ 20.3 M – All other revenues
3._34% - $ 22.3 M – Transfers from other funds and Fund balance appropriation
100% - $ 65.1 M – Total funding sources
The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the net
property taxes of $26.3 M in FY 2012 represent a 3.2% increase in property tax revenue or an
increase of $0.8 M from FY 2011.
To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and an
appropriation of the General Fund undesignated fund balance of $110,000 representing a total
of $22.3 M or 34% of all funding sources.
Actual Funding Sources Realized:
Revenues and transfers realized are $38.2 M or 59% of
the budget estimate compared to $38.9 M or 57% realized to date in FY 2011.
Ad Valorem Taxes, net of discounts: $22.6 M (86% of the budget estimate) have been
received to date versus $22.0 M (86% of the budget estimate) for FY 2011.
Other Revenues: The four major revenue sources other than property taxes are:
1. Franchise Fees with $1.9 M or 43% actually collected in FY 2012 compared to$1.9 M or
39% in FY 2011. The percent increase is due to reduced revenue estimates from $5.0
M in FY 2011 to $4.5 M in FY 2012.
2. Business Taxes realized revenues of $1.3 M in both years to date. However, this only
represents 85% of the revenue estimate for FY 2012 as the total estimated revenues
increased from nearly $1.3 M in FY 2011 to nearly $1.5 M in FY 2012. It remains to be
seen if all business taxes will be realized.
3. State Shared Revenues of $2.6 M or 41% collected in FY 2012 which is slightly ahead
of FY 2011 in dollars collected, but behind the 43% of the total budget estimate for FY
2011. Once again, it remains to be seen if all State shared revenues will be collected.
4. Public Safety revenues reflecting $1.7 M or 43% collected in FY 2012 which is
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reasonably on target with the budget in both years.
Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers
from other funds each month. This will result in 100% realization of this funding source for the
year. These transfers to the General Fund reduce the fund balances in the other funds.
Expenditures (Exhibit B)
Budgeted Expenditures:
Overall, appropriated (budgeted) expenditures decreased
approximately 5% from $68.5 M in FY 2011 to $65.1 M this year. The decrease impacted
many departments with the larger decreases coming from Police, Building and Development
departments, and Parks Maintenance.
Actual Expenditures –
Expenditures for the fiscal year to date are $31.0 M that is 48% of the
$65.1 M expenditure appropriation for FY 2012. At 48%, we are ahead of last year’s spending
levels of $28.3 M or 41% actual spending levels in FY 2011 for this same period. This is
primarily due to the one-time payment for the City’s pension obligations at the beginning of the
fiscal year in order to save significant pension costs as opposed to previous years where the
City made monthly payments. Even Police and Fire that show 52% and 50% expended,
respectively, is due to their large pension payments ($3.6 M for Police and $3.1 M for Fire)
made at the beginning of the year.
UTILITY REVENUE FUND
FY 2011-12FY 2010-11
FY 2012 vs. 2011
Actual to DateActual to Date
Annual Annual
BudgetActual
BudgetBudget
%%
Amount%Amount%
Revenues$ 39,077$ 16,22942%$ 36,309$ 15,95944%8%2%
Revenue Fund Increase$ (6,860)$ (2,858)42%$ (4,342)$ (1,809)42%58%58%
Net Revenues$ 32,217$ 13,37142%$ 31,967$ 14,15044%1%-6%
Expenditures$ (32,217)$ (13,077)41%$ (31,967)$ (13,209)41%1%-1%
Operational Variance$ -$ 294$ -$ 941
With
the approval of the Capital Improvement Plan (CIP) in FY 2010-11 and the bond issue of
$45.895 million, the Commission approved necessary rate increases to partially fund and
maintain the Utility’s Repair & Maintenance Capital Fund in addition to bond financing. As a
result, there are the planned Revenue Fund increases in its Operational Plan in order to meet
our CIP needs and to fund our increased debt service requirements.
These factors should provide for adequate bond debt service coverage.
Operational Forecast -
The budgeted operational forecast of the Utility Revenue Fund
estimates an excess of revenues over expenditures of $6.8 M for the year resulting in a fund
balance increase (excess of revenues over expenditures) before added debt service and
transfers to the Repair & Maintenance Capital Improvement Fund.
To date this year, we are slightly ahead of our plan by $294 K versus last year’s amount of
$941 K. See the comment under Expenditures below related to pension payments that
accounts for the variance.
Revenues (Exhibit C) –
Actual revenues to date of $13.3 M and the planned fund balance
increase of $2.8 M vary slightly in FY 2012 compared to the $14.1 M to date in FY 2011,
because of two factors:
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Water Sales - $7.4 M equivalent to 40% of the annual estimate, compared to $7.4 M
(44%) at this point in FY 2011.
Sewer Service - $6.8 M equivalent to 41% of the annual estimate, compared to $6.6 M
(43%) at this point in FY 2011.
Expenditures (Exhibit D)
– The FY 2012 annual expenditure budget of $32.2 M represents a
$0.3 M (1%) increase from the FY 2011 budget of $31.9 M
Expenditures to date are $13.0 M or 41% of the annual appropriation compared to
expenditures of $13.2 M or 41% for the prior fiscal year. We are slightly behind last year’s
spending levels considering the one-time payment for the City’s pension obligations at the
beginning of the fiscal year in order to save significant pension costs as opposed to previous
years where the City made monthly payments.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. B
CONSENT AGENDA
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-026 - Approve the
EQUESTED CTION BY ITY OMMISSION
reinstatement of the Interlocal Agreement between the Board of County Commissioners, Palm Beach
County, Florida and the City in its entirety, extending the term of the original agreement to September 30,
2012, and increasing funding received by $20,000 from $71,352 to $91,352 for personnel and/or youth
interest-based programming, authorizing the Interim City Manager to execute agreements associated
with this reinstatement
ER:
The Palm Beach County Criminal Justice Commission (CJC) was
XPLANATION OF EQUEST
awarded a $324,901 Youth Gang Prevention and Intervention Grant in 2010, through the U.S.
Department of Justice for an eighteen month period to enhance the County’s existing
community–based comprehensive anti-gang strategy. The City entered into an interlocal
agreement with the Palm Beach County Criminal Justice Commission (CJC) to provide
$71,352 in grant funding for the Boynton Beach Youth Empowerment Center from October
2010 through March 31, 2012 (R10-159).
The direct service to the youth was delayed approximately six months; due to the length of
time it took for the U.S. Department of Justice and County to execute their agreement. The
County requested a six month time extension to continue service to the targeted youth for a full
18-month period. The U.S. Department of Justice approved their request.
H?
The targeted population is youth at-risk of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
gang activity, delinquency, and violence residing in hotspot areas as identified by law
enforcement, courts, school personnel or parents. The goal is to reduce delinquency and gang
activity. The time extension of six months, will allow the program to run through the summer
months when the youth are out of school and in most need of structured programs, case
management and intervention. The Boynton Beach YEC offers youth the opportunity for job
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mentoring and employment readiness skills, life skills, and opportunities to participate in group
activities with positive role models and peers.
FI:
Funding shall be increased an additional amount of $20,000 from $71,352 up
ISCAL MPACT
to $91,352 for personnel and/or youth interest-based programming.
A:
Not approve the reinstatement and end the grant funded aspects of the Youth
LTERNATIVES
Empowerment Center Program, i.e., formal case management, contractual services and
programs that directly benefit the youth.
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RESOLUTION R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE REINSTATEMENT OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY TO RECEIVE
FUNDING TO SUPPORT THE YOUTH EMPOWERMENT
CENTER; EXTENDING THE TERM TO SEPTEMBER 30, 2012;
INCREASING FUNDING RECEIVED FROM $71,352 TO $91,352;
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
AGREEMENTS ASSOCIATED WITH THIS REINSTATEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
in 2010, the Palm Beach County Criminal Justice Commission was awarded a
$324,901 Youth Gang Prevention and Intervention Grant through the U.S. Department of Justice for an
eighteen month period to enhance the County’s existing community-based comprehensive anti-gang
strategy; and
WHEREAS
, due to the length of time it took for the U.S. Department of Justice and County to
execute their agreement, the direct service to the youth was delayed approximately six (6) months; and
WHEREAS,
the County requested a six month time extension to continueservice to the targeted
youth for a full 18 month period which was approved by the US Department of Justice; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to approve the
reinstatement of the Interlocal Agreement with Palm Beach County to receive funding to support the
Youth Empowerment Center, approve the extension of the term of the agreement to September 20, 2012
and to increase the funding received to $91,352.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission does hereby approve the reinstatement of the Interlocal
Agreement with Palm Beach County to receive funding to support the Youth Empowerment Center, a
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copy of the Interlocal Agreement is attached hereto as Exhibit “A”.
Section 3. The City Commission hereby approves the extension of the term of the
Agreement to September 30, 2012 and approves an increase in funding to $91,352.
Section 4. The Interim City Manager is authorized to execute the necessary agreements
associated with this reinstatement.
Section 5. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of April, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Mack McCray
_____________________________
Commissioner – Steven Holzman
_____________________________
ATTEST: Commissioner – Marlene Ross
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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THIRD AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS,
PALM BEACH COUNTY, FLORIDA, AND
THE CITY OF RIVIERA BOYNTON BEACH, FLORIDA
REINSTATING THE TERMS OF THE INTERLOCAL AGREEMENT (R2011-0324)
This Third Amendment is made the first day of April 2011 to the Interlocal Agreement dated
_______________ reinstates the Interlocal Agreement of of April 6, 2010March 1, 2011, R2011-0324
(Original Agreement) R2010-0530 by and between between the Board of County Commissioners, Palm
Beach County, a political subdivision of the State of Florida (herein referred to as the COUNTY), and
the City of Riviera BeachCity 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.
W I T N E S S E T H:
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
, The Criminal Justice Commission, upon direction from the Board of County
Commissioners, continues the development of a Youth Violence Prevention Project which addresses
the increase in violent firearms crimes; and
WHEREAS,
CJC received a grant award of $324,901 from the Department of Justice for an
eighteen month period to enhance the county’s existing community-based, comprehensive anti-gang
strategy and the grant was extended an additional six (6) months to September 30, 2012; and
t
he Criminal Justice Commissionhas recommended the use of Federal Edward Byrne Memorial Justice
Assistance Grant funds to support the partnership by providing funds for the CITY to participate; and
WHEREAS,
the COUNTY agreed to reimburse the CITY for expenses from the Department of
Justice grantfor expenses, up to the amount of up to the amount of $71,352 from October 1, 2010
through March 31, 2012 for the Youth Violence Prevention $426,512 from October 1, 2009 through
March 31, 2011 for the Youth Violence Prevention Project; and
WHEREAS,
the CITY did not expend all funds prior to the expiration of the Original Agreement;
and
WHEREAS,
the parties mutuallydesire to to reinstate the terms of the Original Agreement,
extend the date to September 30, 2012, and add an additional $20,000 for youth empowerment center
personnel and/or youth interest-based programs for a total of up to $91,352.
extend the Interlocal Agreement until September 30, 2011 and add an additional $44,000 for
youth empowerment center program expenses as approved by the Florida Department of Law
Enforcement for a total of up to $470,512.
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NOW THEREFORE,
in consideration of the mutual representations, terms, and covenants
hereinafter set forth, the parties hereby agree as follows:
)
1. The Original Agreement (R2011-0324is reinstated in its entirety; and
2. The Term of the Original Interlocal Agreement is amended to provide that the Interlocal
Agreement shall continue be extended until September 30, 20121; and
3. The amount of Ffunding shall be increased an additional amount of $4420,000 (Forty-Four
Thousand Dollars) from $426,51271,352 (Four-Hundred Twenty-Six Thousand, Five-
Hundred and Twelve Dollars) to up to $470,51291,352 (Four Hundred Seventy Thousand,
Five Hundred and Twelve Dollars) for personnel and/or youth interest-based programming.,
contractual services, and program supplies as approved by the Florida Department of Law
Enforcement.
The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in
estimating and performing the work for at least three (3) years after completion or termination of this
Contract. The COUNTY shall have access to such books, records, and documents as required in this
section for the purpose of inspection or audit during normal business hours, at the CITY'S place of
business.
Palm Beach County has established the Office of the Inspector General in Palm Beach County Code,
Section 2-421 - 2-440, as may be amended. The Inspector General’s authority includes but is not
limited to the power to review past, present and proposed County contracts, transactions, accounts and
records, to require the production of records, and to audit, investigate, monitor, and inspect the
activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure compliance with
contract requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be
in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section
125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
All other provisions of said Original Agreement are hereby confirmed, and except as provided herein,
are not otherwise altered or amended and shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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In accordance with Palm Beach County Code, Chapter 2, Article III, Section 2.51, this Third
AgreementAmendment shall not take effect until executed by the CITY and the COUNTY.
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:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Sharon R. Bock, Clerk and Comptroller
By:________________________ By:___________________________
Deputy Clerk Shelley Vana, ChairKaren T. Marcus, Chair
(SEAL)
CITY: Riviera Boynton Beach, FL
By: ________________________________
Lori LaVerriere, Interim City Manager
Thomas A. Masters, Mayor
APPROVED AS TO FORM AND APPROVED AS TO TERMS
LEGAL SUFFICIENCY AND CONDITIONS
By:_________________________ By:________________________
County Attorney Michael L. Rodriguez, Executive Director
Criminal Justice Commission
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6. C
CONSENT AGENDA
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on March 20, 2012
The City Commission met on March 20, 2012 and minutes were prepared from the notes taken
at the meeting. The Florida Statutes provide that minutes of all Commission meetings be
prepared, approved and maintained in the records of the City of Boynton Beach.
H?
A record of the actions taken by the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. D
CONSENT AGENDA
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the resignation of Boyd Boggess, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Building Board of Adjustment and Appeals
ER:
Boyd Boggess has submitted his resignation as a regular member
XPLANATION OF EQUEST
of the Building Board of Adjustment and Appeals as indicated in the attachment to his email.
H?
The Building Board of Adjustment and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Appeals will have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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6. E
CONSENT AGENDA
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the resignation of Matthew Barnes, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Planning and Development Board
ER:
Matthew Barnes has submitted his resignation as a regular
XPLANATION OF EQUEST
member of the Planning and Development Board because he has relocated outside the City.
H?
The Planning and Development Board will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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9. A
PUBLIC HEARING
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-006 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high
schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial
uses as accessory uses within City-owned/operated parks that are zoned Recreation (REC); and 3)
clarify the restrictions associated with the commercial component of beverage and food manufacturing
establishments. (TABLED ON MARCH 20, 2012)
ER:
The proposed Code amendments would amend the land
XPLANATION OF EQUEST
development regulations in three (3) different ways.
The first component to this code amendment is to change the Use Matrix in the zoning Code to
allow primary/secondary schools on properties zoned Planned Unit Development (PUD).
Allowing schools in the PUD district is specifically promoted by Comprehensive Plan Policy
10.B.1.5, which addresses intergovernmental coordination and requires provisions for schools
in “all urban residential land use categories.” Although only one (1) school has been
constructed in a Planned Unit Development within the City, schools, churches, and other
institutional (public assembly) uses are certainly appropriate within such planned environments
to promote connectivity between symbiotic land uses. With respect to the City’s economic
development initiatives and the current attention on not-for-profit uses, the location of such
uses in residential zoning districts is generally more preferable than on lands zoned and
intended for potentially more valuable land uses such as commercial or industrial.
The second component to this code amendment is to change the Use Matrix in the zoning
code to formally recognize and allow commercial activities as allowable accessory uses in
connection with city parks. Allowing certain accessory commercial uses within the city parks
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would provide additional services, recreational opportunities, and convenience to park visitors,
as well as potentially providing additional revenue to the City.
Finally, staff is proposing minor changes to the restrictions associated with tasting rooms of
beverage and food manufacturing establishments (approved pursuant to Ordinance 11-023).
This is being done in an effort to make it more clear and user-friendly. Staff believes the
proposed language would help to further distinguish and clarify the differences (in restrictions)
applicable to those establishments in the C-4 zoning district compared to those in the M-1
zoning district. The proposed amendment would not change the intent of the original
ordinance.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not approve subject Code amendment or approve with changes.
LTERNATIVES
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 12-002 PUD and REC\Agenda Cover Sheet - 032012 - Public Hearing & First Reading.doc
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ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS
BY AMENDING CHAPTER 3, ARTICLE IV, USE REGULATIONS, SECTIONS 3D
AND 3E TO ALLOW SCHOOLS IN THE PUD ZONING DISTRICT, ALLOW
COMMERCIAL ACTIVITIES IN CITY PARKS ZONED REC AND MODIFY THE
RESTRICTIONS ASSOCIATED WITH BEVERAGE AND FOOD
MANUFACTURING ESTABLISHMENTS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, staff is proposing amendments to the Land Development Regulations (LDR) to
allow elementary, middle and high schools in the Planned Unit Development (PUD) zoning district; and
WHEREAS
, staff is proposing amendments to the LDR to change the use matrix to formally
recognize and allow commercial activities as allowable accessory uses in connection with City parks
which would provide additional services, recreational opportunities and convenience to park visitors as
well as potentially providing additional revenue to the City; and
WHEREAS
, staff is proposing minor changes to the restrictions associated with tasting rooms of
beverage and food manufacturing establishments in an effort to make it more clear and user-friendly;
and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the best
interest of the citizens and residents of the City to amend the Land Development Regulations to allow
schools in the PUD zoning district, allow commercial activities in City parks zoned REC and modify the
restrictions associated with beverage and food manufacturing establishments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 3, Article IV, Sections 3D and 3E of the Land Development Regulations,
are hereby amended by adding the words and figures in underlined type, as follows:
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See attached.
Section 3. Chapter 3, Article IV, Use Provisions of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
Part III (LDR), Chapter 3, Article IV, Section 3E.
4.General Note.
a. C-4 district.
If proposed on a site that fronts on an arterial or collector roadway, the
establishment shall be required to have an accessory commercial component (i.e., tasting room
and retail showroom) to the operation. The size of the tasting room / retail showroom shall be at
least 10% of the gross floor area or 1,000 square feet, whichever is greater. This minimum size
requirement is not applicable to those establishments which do not front on an arterial or
collector roadway. No use shall be carried out 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 zoning district.
b. M-1 district.
(1) These establishments may include an accessory commercial component (i.e.,
tasting room and retail showroom). If located on an arterial roadway, a commercial
component shall be required. The tasting room, retail showroom, and facility tours shall
not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may
remain open until 11 p.m. Additionally, the size of the tasting area shall not exceed the
following:
(1) An accessory commercial component (i.e., tasting room and retail showroom)
shall be required for any establishment located on an arterial roadway. In all other
instances, an accessory commercial component is optional. Where optional or required,
the tasting room, retail showroom, and/or facility tours shall not be open to the public
after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m.
The maximum size of the tasting area shall be as follows:
(a) For establishments under 10,000 square feet or less: 20% of the gross
floor area but not to exceed 1,500 square feet.
(b) For establishments greater than 10,000 square feet, Not to exceed 1,500
square feet.
(2) No drive-up, drive-through, or drive-in facilities shall be allowed.
(3) The establishment is ineligible for a live entertainment permit.
15. General Note.
a. REC district.
The proposed use is allowed as an accessory use to a City-owned and
operated park facility.
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16. Ocean Avenue Overlay Zone (OAOZ).
15.
a…
b…
c…
1 Prohibited on the ground level of buildings that front on Ocean Avenue.
2. When proposed in this zoning district, the subject use shall only be allowed on property
located within the OAOZ or as otherwise allowed by these land development regulations.
3 Only allowed as an accessory use to an AC located in the OAOZ or as
RTS AMPUS
otherwise allowed by these land development regulations.
4 Community facilities, other than public parking, shall be restricted to the area of Ocean
st
Avenue between Seacrest Boulevard and Northeast 1 Street.
39. Mobile Vending Unit (MVU).
38.
a. C-2 district, C-3 district, C-4 district, CBD district, PCD district, and all “Mixed
Use” districts, and REC district.
See Chapter 3, Article V, Section 10 for additional
regulations regarding an MVU.
Section 4. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
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FIRST READING this ____ day of ____________, 2012.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Mack McCray
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
Part III (LDR), Chapter 3, Article IV, Section 3.D
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
NOTES *
A = Accessory
X = Prohibited
AA
√√√
L1L2L3
H
IPUD
A
MHPSMU
PID
AAB
* (see Legend)
CBD
PUD
PCD----REC
---
1
MUMUMUMU
1111231234
√
PU
(see Legend)
-
----------
M
RRRRRR
CCCC
√√
(see Legend)
COMMERCIAL
Retail Sales
15
Mobile Vending PPPPPPPPPPA
38
Unit (MVU) * * * * * * * * * * *
39
2
Novelty, Gift,
PPPP PPPAA6
Souvenir, & P P P P
* * * * * * * * *
15
Miscellaneous
16
3
6
PAPPP PPPPP PPPAA15
Restaurant
* * * * * * * * * * * * * * *
16
43
44
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1
3
Restaurant, Take-PPPP PPPPPPPPA
6
out * * * * * * * * * * * * *
15
42
43
COMMERCIAL
Services
15
Mobile Vending PPPPPPPPPPA
38
Unit (MVU) * * * * * * * * * * *
39
ARTS, ENTERTAINMENT & RECREATIONAL
2
7
10
Entertainment, PPPPPPPA
P P P P 12
Indoor * * * * * * * *
15
68
69
Rentals, 7
Recreational 10
PPPPPA
(bicycles, canoes, P P P P 15
* * * * * *
personal 72
watercraft) 73
EDUCATIONAL
16
School, Primary CCCCP17
C C P P
and Secondary * * * * *
76
77
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9. B
PUBLIC HEARING
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-004 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve Seabourn Cove Phase II rezoning (REZN 12-001) of subject
property to replace an expired PUD (Planned Unit Development) master plan for 121 townhome units
with a new PUD master plan consisting of 148 multi-family rental units. Applicant: Bradley Miller, Miller
Land Planning Consultants, Inc (TABLED ON MARCH 20, 2012)
ER:
This is a rezoning request for a new master plan by Gulfstream
XPLANATION OF EQUEST
Gardens Phase II, LLC for the currently undeveloped 7.4 acres extending between South
Federal Highway and Old Dixie Highway north of Gulfstream Boulevard in the vicinity of Miller
Road. The subject property was approved in 2006 for Palm Cove PUD, however in 2009 the
master plan and site plan development orders expired. In 2011, the subject property was
purchased by the owners of the nearby Gulfstream Gardens project (now known as Seabourn
Cove Phase I) which is currently under construction. As part of the requested rezoning, a new
master plan proposes a total of 148 multi-family dwelling units at the maximum density of 20
dwelling units per acre within 14, three-story buildings with associated recreational amenities
and parking. The proposed rental apartments and townhomes will be in buildings of the same
type and design as Seabourn Cove Phase I. In addition to a new master plan, a new site plan
(NWSP 12-001) is also requested, concurrent with the rezoning request. The subject
property’s Special High Density Residential (SHDR) future land use classification (which
corresponds with the PUD zoning district) remains unchanged.
Staff recommends that the subject request be approved. The Planning and Development
Board reviewed the item on February 28, 2012 and forwards it with the recommendation of
approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
97 of 207
FI:
ISCAL MPACT
Revenues. The 148 units in Seabourn Cove Phase II are proposed as multi-family rental units,
with the option of converting to condominiums in the future. The projected annual tax
revenues include ad valorem taxes of $58,846 and non ad valorem fire assessment of
$13,024, for a total of $71,870. Fees for services include water, stormwater, and sewer fees
of $85,157; refuse collection fee of $19,092; and fire inspection fee of $580, for a total
projected amount of $104,829.
Costs. The necessary services for the property can be provided within the existing capacity of
the respective city departments providing these services: no additional capital outlays or
increased staffing would be required. The increase in operating costs has not been estimated
and it is deemed to be negligible.
A:
Deny subject request, and maintain existing PUD zoning with expired master
LTERNATIVES
plan and site plan development orders on the undeveloped property located in a
redevelopment area.
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ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE 06-006 TO ADD
REFERENCE TO AND APPROVAL OF A REVISED MASTER
PLAN FOR A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF SOUTH FEDERAL HIGHWAY, EAST OF OLD
DIXIE HIGHWAY AT MILLER ROAD, AS MORE FULLY
DESCRIBED HEREIN; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida adopted Ordinance
No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
the property which is the subject of this amendment was rezonedto Planned Unit
Development (PUD) in January, 2006 via Ordinance 06-006; and
WHEREAS,
the Land Development Regulations require approval of a master plan concurrent
with approval of a rezoning to the Planned Unit Development (PUD) district; and
WHEREAS
, the Master Plan proposes a multi-family residential development with a total of 148
units at the maximum density of 20 dwelling units per acre; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said City to
amend the aforesaid Ordinance as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by
this reference.
Section 2. The City Commission of the City of Boynton Beach here amends Section 2 of
Ordinance 06-006 as follows:
The following described land located approximately one-quarter mile north of Gulfstream Boulevard
between Federal Highway and Old Dixie Highway in the City of Boynton Beach, Florida, as set forth as
follows:
See Legal Description Attached hereto as Exhibit “A”.
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be and the same is hereby rezoned from Community Commercial (C-3), General Commercial (C-4) City
and Residential (RM) and General Commercial (CG) Palm Beach County to Planned Unit Development
(PUD) . A location map is attached hereto as Exhibit “B” and made a part of this Ordinance by
reference. The revised Master Plan is attached hereto as Exhibit “C”.
Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this
Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
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FIRST READING this _____ day of _______________, 2012.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Mack McCray
______________________________
Commissioner – Steven Holzman
______________________________
ATTEST: Commissioner – Marlene Ross
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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LEGAL DESCRIPTION FOR SEABOURN COVE PHASE II
PARCEL 1 (PCN: 08434604170000370 AND 08434604170000380)
LOTS 37, 38 AND 58, OF AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA BY INSTRUMENT
RECORDED IN OFFICIAL RECORDS BOOK 104, PAGE 35, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 2 (PCN: 08434604170000590)
THAT PART OF LOT 59, AMENDED PLAT OF TRADE WINDS ESTATES, A SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; LYING WEST OF THE RIGHT-OF-WAY OF STATE
ROAD 5 (U.S. HIGHWAY NO. 1) AS CONVEYED TO PALM BEACH COUNTY, BY A DEED RECORDED
IN OFFFICIAL RECORDS BOOK 124, PAGE 638, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PARCEL 3 (PCN: 0843460411000150)
LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPT A PARCEL OF LAND IN LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE SOUTHEAST CORNER OF SAID LOT 15, RUN WESTERLY ALONG THE SOUTH LINE OF
SAID LOT 15 FOR 3.0 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE WEST AND
HAVING A RADIUS OF 11,409.2 FEET; THENCE RUN IN A NORTHERLY DIRECTION ALONG THE
ARC OF SAID CURVE FOR 198.15 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE
RUN EASTERLY ALONG SAID NORTH LINE FOR 8.87 FEET TO THE NORTHEAST CORNER OF SAID
LOT 15; THENCE RUN SOUTHERLY ALONG THE EAST LINE OF SAID LOT 15 FOR 200 FEET TO THE
SOUTHEAST CORNER OF SAID LOT.
PARCEL 4 (PCN: 08434604110000060)
ALL OF LOT 6 AND THE WEST ½ OF LOT 7, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 5 (PCN: 08434604110000071)
THE EAST HALF OF LOT 7 AND ALL OF LOT 8, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 6 (PCN: 08434604110000120)
LOT 12 AND THE WEST ½ OF LOT 13, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 7 (PCN: 08434604110000131)
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THE EAST ½ OF LOT 13, AND ALL OF LOT 14, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 8 (PCN: 08434604110000171)
THE WEST ½ OF LOT 17, ALL OF LOT 18, AND THE EAST ½ OF LOT 19, OF KILLIAN'S PARK,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 9 (PCN: 08434604110000101)
THE EAST ½ OF LOT 10 AND ALL OF LOT 11, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 10 (PCN: 08434604110000160)
LOT 16 AND THE EAST ½ OF LOT 17, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 11 (PCN: 08434604110000191 AND 08434604110000210)
THE WEST ½ OF LOT 19 AND LOTS 20 THROUGH 29, INCLUSIVE, OF KILLIAN'S PARK, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 12 (PCN: 08434604110000090)
LOT 9 AND THE WEST 1/2 OF LOT 10, KILLIAN'S PARK, A SUBDIVISION OF LOTS 36, 36-A, 60 AND
61, AMENDED PLAT OF TRADE WINDS ESTATES IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43
EAST, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORID, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE
195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
A/K/A
LOT 9 AND THE WEST ½ OF LOT 10, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 13 (NO PCN)
THAT PORTION OF MILLER ROAD, AS VACATED AND ABANDONED BY ORDINANCE NO. 07-007,
AS RECORDED IN OFFICIAL RECORDS BOOK 19827, PAGE 1793, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF RIGHT-OF-WAY OF MILLER ROAD, AS SHOWN ON THE PLAT OF KILLIAN'S PARK,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID KILLIAN'S PARK;
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THENCE EAST ALONG THE NORTH RIGHT-OF-OF WAY LINE OF SAID MILLER ROAD, A DISTANCE
OF 450.00 FEET;
THENCE SOUTH 08°33'15" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER ROAD, A
DISTANCE OF 30.34 FEET;
THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MILLER ROAD, A DISTANCE OF
445.49 FEET;
THENCE NORTH, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
CONTAINING 322,489 SQUARE FEET (7.40 ACRES), MORE OR LESS.
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9. C
PUBLIC HEARING
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve Seabourn Cove Phase II new site plan (NWSP
EQUESTED CTION BY ITY OMMISSION
12-001) for multi-family residential (rental apartments and townhomes) consisting of 148 dwelling units
within 14, three-story buildings and associated recreational amenities and parking within a master
planned PUD on 7.4 acres. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc (TABLED
ON MARCH 20, 2012)
ER:
This is a request for a new site plan by Gulfstream Gardens Phase
XPLANATION OF EQUEST
II, LLC for the currently undeveloped 7.4 acres extending between South Federal Highway and
Old Dixie Highway north of Gulfstream Boulevard in the vicinity of Miller Road. A concurrent
request for rezoning (REZN 12-001), including a new master plan, accompanies the request
for new site plan. The subject property was approved in 2006 for Palm Cove PUD, however in
2009 the master plan and site plan development orders expired. In 2011, the subject property
was purchased by the owners of the nearby Gulfstream Gardens project (now known as
Seabourn Cove Phase I) which is currently under construction. The new master plan and new
site plan propose a total of 148 multi-family dwelling units at the maximum density of 20
dwelling units per acre within 14, three-story buildings with associated recreational amenities
and parking. The proposed rental apartments and townhomes will be in buildings of the same
type and design as Seabourn Cove Phase I. Similar to the first Gulfstream Gardens project, a
developers agreement is again being prepared by the developer and will be scheduled for
consideration at a subsequent City Commission meeting. The agreement is very similar to the
agreement approved for Gulfstream Gardens and is intended to address aspects of the project
such as infrastructure design and ownership, fee rates and exemptions, inspections, and
project completion deadlines.
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Staff recommends that the subject request be approved. The Planning and Development
Board reviewed the item on February 28, 2012 and forwards it with the recommendation of
approval, subject to staff’s recommended conditions.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
Revenues. The 148 units in Seabourn Cove Phase II are proposed as multi-family rental units,
with the option of converting to condominiums in the future. The projected annual tax
revenues include ad valorem taxes of $58,846 and non ad valorem fire assessment of
$13,024, for a total of $71,870. Fees for services include water, stormwater, and sewer fees
of $85,157; refuse collection fee of $19,092; and fire inspection fee of $580, for a total
projected amount of $104,829.
Costs. The necessary services for the property can be provided within the existing capacity of
the respective city departments providing these services: no additional capital outlays or
increased staffing would be required. The increase in operating costs has not been estimated
and it is deemed to be negligible.
A:
Action taken should be consistent with ultimate action to be taken on the
LTERNATIVES
corresponding, proposed master plan. If the rezoning and new master plan is approved, the
corresponding site plan should be approved, or approved with changes consistent with the
approved master plan.
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EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Seabourn Cove Phase II
File Number: NWSP 12-001
Reference: 2ndreview plans identified as a New Site Plan with a January 31, 2012 Planning and
Zoning Department date stamp marking.
DEPARTMENTS INCLUDREJECT
E
ENGINEERING DIVISION
Comments: None. (All previous comments have been acknowledged and
will be addressed at time of permitting).
FIRE
Comments: None. (All previous comments have been acknowledged and
will be addressed at time of permitting).
POLICE
Comments: None. (All previous comments have been acknowledged and
will be addressed at time of permitting).
BUILDING DIVISION
Comments:
1. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure √
that additional comments may not be generated by the commission
and at permit review.
2. Buildings, structures and parts thereof shall be designed to
withstand the minimum wind loads of 140 mph. Wind forces on
every building or structure shall be determined by the provisions of
ASCE 7, Chapter 6, and the provisions of 2007 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.
3. At time of permit review, submit signed and sealed working
drawings of the proposed construction. √
4. At the time of permit review, submit details of reinforcement of
walls for the future installation of grab bars as required by the
FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All √
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DEPARTMENTS INCLUDREJECT
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bathrooms within the covered dwelling unit shall comply.
5. To properly determine the impact fees that will be assessed for the
1-story pool/clubhouse/recreation building/lease office, provide the
following:
a. Will the pool/clubhouse/recreation building/lease office be
restricted to the residents of the entire project only?
b. Will the residents have to cross any major roads or
thoroughfares to get to the pool/clubhouse/recreation
building/lease office?
c. Will there be any additional deliveries to the site? √
d. Will there be any additional employees to maintain and
provide service to the site?
e. Please have the applicant provide the City with a copy of
the letter that will be sent to the impact fee coordinator. To
allow for an efficient permit review, the applicant should
request that the County send the City a copy of their
determination of what impact fees are required for the
pool/clubhouse/recreation building/lease office.
6. CBBCPP 3.C.3.4 requires the conservation of potable water. City
water may not, therefore, be used for landscape irrigation where √
other sources are readily available.
7. A water-use permit from SFWMD is required for an irrigation
system that 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.
8. If capital facility fees (water and sewer) are paid in advance to the
City of 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)
9. At time of building permit application, submit verification that the
City of Boynton Beach Parks and Recreation Impact Fee
requirements have been satisfied by a paid fee or conveyance of
property. The following information shall be provided: √
a. A legal description of the land.
b. The full name of the project as it appears on the
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DEPARTMENTS INCLUDREJECT
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Development Order and the Commission-approved site
plan.
c. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same
as noted on the Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
10. Pursuant to approval by the City Commission and all other outside
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.
11. The full address of the project shall be submitted with the
construction 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, √
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard
561-734-0872)
RECREATION AND PARKS
12. Park Impact Fee - 148 Multi-family units (buildings containing 5 or
more units) @ $595.00/unit = $88,060. √
FORESTER/ENVIRONMENTALIST
13. The irrigation plan design must follow the Florida Friendly -
Waterwise principles. √
14. Revise sheet L-8: Existing brick pavers in the area between the
sidewalk and curb are the responsibility of the City of Boynton
Beach for maintenance and repair. Any damage to these existing √
brick pavers during construction of the project shall require
replacement by the applicant.
PLANNING AND ZONING
15. If not exempt from the Art in Public Places requirement,
demonstrate participation by submitting the completed application
to the Public Arts Administrator, and at time of permit, revise site √
plan and landscape plan to indicate location of required public art
(near Federal Highway).
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16. A unity of title is required prior to the issuance of a permit for
vertical construction for this project. The Building Division will
require the recorded document as part of the building permit √
application submittal.
17. A letter of approval from Palm Beach County Traffic Engineering
Division for traffic concurrency based on the submitted traffic
statement will be required prior to issuing any permit for vertical √
construction for this project.
18. Submit a recorded copy of the revised Developer’s Agreement for
this site to Planning & Zoning when the agreement is fully √
executed.
19. Prior to issuance of building permits for the construction of the
buildings a no objection letter from all utility providers shall be
submitted for the existing platted and recorded 3 foot public utility
easement extending from the west property line to the east
property line through the middle of the subject property. The √
easement shall be officially abandoned and recorded into public
record prior to issuance of the certificate of occupancy for the first
constructed building.
20. At time of permitting, revise photometrics plan to comply with
Chapter 4, Article VII. Section 4.C. (Maximum Footcandle and √
Illumination Levels) of the LDR.
21. At time of permitting, add the following notes to the photometrics
plan: The design, style, and illumination level shall be compatible
with the building design (height) and shall consider safety, function,
and aesthetic value. A minimum average light level of one (1) foot
candle shall be provided, with no more than 10% of the spot √
readings below one (1) foot candle and none below ½ foot candle.
Lighting shall not be of an intensity that produces glare on adjacent
property. Feature lighting emphasizing plants, trees, barriers,
entrances, and exits is encouraged.
22. At time of permitting, revise site plan tabular data on sheet SP-1 for
proposed building height, and total building square footage to
match drawings. Also revise table on sheet SP-1 for Building Type √
Area Breakdown to match revised square footage of floor plans.
23. At time of permitting, revise site plan and landscape plan to
dimension width of perimeter buffers and label as such. √
24. At time of permitting, revise plans to include an irrigation plan. √
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DEPARTMENTS INCLUDREJECT
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25. At time of permitting, revise the site plan to include the following
note: If rental units are converted in the future to condominiums, a
condominium association shall be required to be established and
the condominium documents will specifically prohibit individual √
pools, additions, or modifications to the patios, porches, or
balconies.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
None.
ADDITIONAL CITY COMMISSION CONDITIONS
To be determined.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Seabourn Cove PUD Phase II (NWSP 12-001)
APPLICANT’S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc.
AGENT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2012
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 148 multi-family rental units
and associated recreational amenities and parking areas on 7.4 acres
zoned PUD.
LOCATION OF PROPERTY: West of Federal Highway, East of Old Dixie Highway, in the vicinity of
Miller Road
DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO.
________ 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 “D” 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
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9. D
PUBLIC HEARING
April 3, 2012
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RACC:
PROPOSED RESOLUTION NO. R12-027 - Approve
EQUESTED CTION BY ITY OMMISSION
Land Development Agreement with Gulfstream Gardens LLC
ER:
The attached Land Development Agreement has been negotiated
XPLANATION OF EQUEST
as part of the site plan amendment for Phase II of the Seabourn Cove project. The proposed
Land Development Agreement is modeled, in large part, after the Phase I Developer’s
Agreement but addresses the particularities of Phase II.
H?
This agreement outlines terms and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
conditions above those contained in the Conditions of Approval for Seabourn Cove PUD
Phase II Site plan submittal. Two key points of the agreement are:
1. The Developer will construct a private water and sewer system, similar to that approved
in the Land Development Agreement on the Phase I site, and will be required at their
expense, to complete the City-owned water main loop along Federal Highway.
2. The Developer will improve a 50’ wide area of right-of-way along the east side of Old
Dixie Highway adjacent to the subject properties, (Phase I and II), extending from the
southern most property line of Phase I continuous to the northern most property line of
Phase II. Maintenance of the improvements will be the Developers responsibility in
perpetuity.
FI:
None
ISCAL MPACT
A:
Not approve the Land Development Agreement.
LTERNATIVES
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RESOLUTION NO. R12-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING A LAND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND GULFSTREAM GARDENS, LLC.,
THAT OUTLINES TERMS AND CONDITIONS ABOVE
THOSE CONTAINED IN THE CONDITIONS OF APPROVAL
FOR SEABOURN COVE PUD PHASE II SITE PLAN
SUBMITTAL; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE LAND DEVELOPMENT
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Land Development Agreement between the City and Gulfstream Gardens,
LLC., outlines terms and conditions, including but not limited to, the Developer constructing a
private water and sewer system similar to that approved in the Phase I Agreement and to improve a
50’ wide area of right-of-way along the east side of Old Dixie Highway adjacent to the subject
properties; and
WHEREAS,
upon recommendation of staff, the City Commission of the City of Boynton
Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to
approve and authorize execution of the Land Development Agreement between the City of Boynton
Beach and Gulfstream Gardens, LLC for Seabourn Cove Phase II.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves
and authorizes the Mayor and City Clerk to execute the Land Development Agreement between the
City of Boynton Beach and Gulfstream Gardens, LLC., which outlines terms and conditions above
those contained in the Conditions of Approval for Seabourn Cove PUD Phase II Site plan submittal,
a copy of the Agreement is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this ______ day of April, 2012.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Woodrow L. Hay
___________________________________
Vice Mayor – William Orlove
___________________________________
Commissioner – Mack McCray
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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10. A
CITY MANAGER’S REPORT
April 3, 2012
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RACC:
Review and discuss Bids received on three (3) parcels of
EQUESTED CTION BY ITY OMMISSION
City-owned Real Property.
ER:
On November 15, 2011 the City Commission directed staff to
XPLANATION OF EQUEST
obtain appraisals and follow the process outlined in Section 2-56(C) of the Municipal Code for
the selling of the three (3) parcels.
City Process to Sell Land
The City has a defined process to sell land as outlined in Section 2-56(C) of the Municipal
Code. This process is as follows:
(c) Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated
value thereof, no such sale shall be conducted or consummated until such time as subject property has been
appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of
establishing a fair market value thereon. The sale of real property for less than the fair market value shall
require the approval by a vote of four-fifths (4/5) of the city commission. After such appraisal shall have been
completed and a fair market value determined, the property may be sold:
1. To the owner of adjacent developed property if the city property is to be used by the adjacent
property owner as:
A. Buffer; or
B. For an extension of the use to which the adjacent property owner is using the adjacent
property at the time of sale; or
2. To the highest bidder following a competitive bidding process as established by the city
administration.
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Procurement issued Invitation to Bid (ITB) #032-1211-12/TWH to accept bids on the following
parcels of land. The ITB was advertised in the Palm Beach Post, posted on DemandStar, sent
to Commercial Brokers in Palm Beach and Broward Counties and highlighted on the City
website.
Parcel #1 5.46 Acres High Ridge Road
Parcel #2 3.62 Acres Leisureville
Parcel #3 0.52 Acres 2240 S. Congress Avenue
Bids were due on March 12, 2012 at 2:30pm, the results are as follows:
Parcel #1 No Bids
Parcel #2 One Bid
Parcel #3 No Bids
The only bid that was received was from Palm Beach Leisureville Community Association for
Parcel #2 in the amount of $24,499.99.
Also during this process, staff was able to have appraisals completed on the three (3)
properties by the land consultant (HDR Engineering, Inc.) that the City has under contract in
order to establish fair market value as approved by City Commission on November 15, 2011.
The appraisals are dated January 18, 2012 and excerpts are attached (full appraisal reports
are available in the City Clerk’s office). The results of the appraisals are as follows:
Parcel #1 $2,854,000
Parcel #2 $ 362,000
Parcel #3 $ 126,300
H?
City programs or services can be affected
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
in the following way.
If property is sold, the affected parcel(s) will no longer be available for City purposes.
FI:
If parcel is sold the City would realize unbudgeted revenue of $24,499.99 in
ISCAL MPACT
FY11/12. In subsequent fiscal years, the City would realize ad valorem taxes on this parcel as
it would be changed from being governmental exempt to taxable. Palm Beach County has a
2011 market value of $217,200 on this parcel. At the City’s current millage rate of 7.1941 mills
that would generate approximately $1,562 in ad valorem taxes. Staff needs to state that it is
probable that any sale price less than what Palm Beach County has as a market value would
likely be a basis for the new property owner to appeal the taxable value with Palm Beach
County Property Appraiser’s office in the upcoming year making it difficult to state what amount
of ad valorem taxes would be realized by the City.
A:
The City Commission has the option to:
LTERNATIVES
Accept Bid on Parcel #2 and sell to bidder, this would require a four-fifths (4/5) of the
Commission since the selling price would be less than fair market value.
Reject all Bids and re-issue Invitation to Bid (ITB) with any modifications the
Commission would like to include.
Reject all Bids and maintain ownership of all three (3) parcels at this time.
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11. A
UNFINISHED BUSINESS
April 3, 2012
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RACC:
Not-for-Profit Notice of Intent / Moratorium Study- Staff
EQUESTED CTION BY ITY OMMISSION
update
ER:
At the request of Commissioner Ross, staff has prepared an
XPLANATION OF EQUEST
update report on the status of the Notice of Intent Study currently underway.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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12. A
NEW BUSINESS
April 3, 2012
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RACC:
Discussion regarding the purchase of land, development
EQUESTED CTION BY ITY OMMISSION
stst
and maintenance for a new passive park located at SW 1 Ave and SW 1 St. at the request of
Commissioner Holzman.
ER:
At the request of Commissioner Holzman, staff has done a very
XPLANATION OF EQUEST
preliminary cost analysis on the purchase of private land for the development of a park located
in the Forest Park neighborhood.
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The private parcels are:
ISCAL MPACT
Parcel #08434528100160010 2011 Market Value: $42,480
Owner: J. Somerville of Sequim, WA
Parcel #08434528100160130 2011 Market Value: $37,440
Owner: J. Somerville of Sequim, WA
Parcel #08434528100160030 2011 Market Value: $136,080
Owner: J. Somerville of Sequim, WA
Parcel #08434528100160300 2011 Market Value: $136,080
Total Estimated Property Purchase Cost: $352,080
The best rough estimate for development without benefit of a plan or design:
Turf (topsoil and hydroseed only) $35,000
Trees and misc landscaping $20,000
Irrigation $25,000
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Benches $4,000
Trash cans $6,000
Misc paths $12,000
Lighting (alternate) $50,000
$152,000
Sub Total
This is a very rough and early estimate. Add 20% or around $30,000
Total Estimate Cost for Development of Passive Park $182,000
Any of the above elements can be deleted if so desired. But, irrigation is critical. Of course,
this number could change significantly based upon the final design.
Estimated Annual Maintenance Cost (landscape, water, electric, garbage, misc
repairs) $15,000
A:
Not to allow discussion
LTERNATIVES
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12. B
NEW BUSINESS
April 3, 2012
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RACC:
Review procedures for adding items to City Commission
EQUESTED CTION BY ITY OMMISSION
agenda.
ER:
The City’s Administrative Procedure Manual establishes the steps for
XPLANATION OF EQUEST
creating the City Commission’s agenda. In order to complete the process in time for publication of the
agenda there are deadlines which must be met by City staff members. In building the agenda, the cutoff
date for adding agenda items is 2.5 weeks before the meeting. The procedures explain in detail in APM
01.03.04, a copy of which is attached. The City Manager seeks input and direction from the City
Commission regarding the procedures that should be followed when individual members of the
Commission request the City Manager to add items to the agenda. Such requests usually entail
proclamations, announcements and matters of reconsideration but can also include action items
requiring staff analysis. In the past, it has been customary to require City Commission consensus to add
items that will require formal City Commission action such as resolutions or ordinances.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
None
LTERNATIVES
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12. C
NEW BUSINESS
April 3, 2012
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RACC:
Request by Commissioner Holzman for City Commission
EQUESTED CTION BY ITY OMMISSION
to have discussion on possible dissolution of Financial Advisory Committee
ER:
At the March 20, 2012 City Commission meeting Commissioner
XPLANATION OF EQUEST
Holzman requested this item be placed on the April 3, 2012 agenda.
For the Commission’s deliberation staff has attached the following backup materials:
a) Current Committee Roster
b) Committee Attendance Roster
c) Current Committee Study Topic List
d) Committee Recap Report from FY 10-11
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Do not allow discussion.
LTERNATIVES
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7 Regulars - 2 Alternates Established per Ordinance No. 10-009
Three-year terms for Regulars
One-year terms for Alternates
2012
FINANCIAL ADVISORY COMMITTEE
MEMBER EXPIRES PHONE
PROFESSION
(3) DOUGHERTY, .
Dennis J06/12561-706-1552Owner Interior
703 Sunset Rd. Appt’d 9/20/11 djdough@bellsouth.net Scaping Co.
(33435)
OPEN
06/12
OPEN
06/14
(7) KATZ
, David 06/14 577-8007 Marketing
67 Midwood Lane Appt’d 1/3/12 commkay@aol.com
(33436)
(9) LONERGAN,
Terry 06/13 641-4725 Retired Bank
Teller 45 Rutland Lane Appt’d 8/3/10 terryl33436@yahoo.com
(33436)
(12) SCANTLAN,
Don, Chair 06/13 433-5711 Dir. of Programs
13 Cedar Circle Appt’d 6/1/10 dscan1@aol.com Workforce Alliance
(33436)
OPEN
06/13
ALTERNATES:
(12) OPEN
06/12
(12) OPEN
06/12
CITY EMPLOYEE REPRESENTATIVE:
Barry Atwood, Finance Director 742-6310
Tim Howard, Deputy Finance Director 742-6312
Lori LaVerriere, Interim City Manager 742-6013
(Back-up)
At Least 5 regular members shall have one of the following qualifications:
(1) Certified Public Accountant
(2) Accounting Professional
(3) Finance Professional/Auditing
(4) Certified Financial Planner
(5) Investment Advisor
(6) Insurance Professional (property/casualty or health0
(7) Business Owner/Manager
(8) MBA or MPA degree (with high levels of accountability/responsibilities with budget and organization oversight)
(9) Banking
(10) Pension Plan Management
(11) Financial Planning & Management
(12) Remaining four members may be at large
Updated: 3-21-12
S:\CC\WP\BOARDS\LISTS\2012 Board Lists\FINANCIAL ADVISORY COMMITTEE.doc
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1.FAC Executive Summary – Don Scantlan, Chair FAC
No discussion by Commission.
2.FAC CRA Functions & Development Department Merger Recommendation - Dave Madigan
City Commission concurred; no further action required. Status quo.
3.FAC Forestry & Grounds Recommendation - Merline Pamplona
City Commission reviewed and requested mid-range solution of elimination of all turf medians and
conversion to drought resistant materials. Noted other savings will come from re-organization.
4.FAC Cell Phone Recommendation - Bill Shulman
City Commission reviewed and concurred generally with approach. City Manager to come up with
further cost containment ideas including further restrictions/reductions and possible employee cost
participation with city-issued equipment. Carriers and contracts need to be reviewed as to rate
impact and use limits.
5.FAC Golf Recommendation - George Feldman
City Commission concurred with status quo.
6.FAC Hiring Freeze Recommendation - Dave Madigan
City Commission concurred with report and noted this has been on-going since 2007 with a soft
hiring freeze and the 2010, 2011 Voluntary Separation Program. The effort should continue.
7.FAC HOA Contribution to City Programs Recommendation – Bill Shulman
Once item was clarified the City Commission concurred with a limited solicitation program that
would not interfere with the fundraising efforts of the Greater Boynton Beach Foundation.
8.FAC Library Recommendation - Merline Pamplona
City Commission reviewed hours reduction and favored development of an alternate that would
allow for later AM opening hours on weekdays rather than closing earlier. Staff to come back with
supplement as part of budget.
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9.FAC Paperless Billing Recommendation - Don Scantlan
City Commission noted that this has been partially implemented with an increase in the number of
customers paying on-line. The paper bill opt out process needs to be publicized more.
10.FAC Recreation & Parks Recommendation - Merline Pamplona
The contract with East Boynton Beach Little League was discussed. Staff is recommending it not be
renewed. With respect to the FAC recommendation for recreation fee increases, the City
Commission requested comparative information. The City Manager suggested benchmarking 15
core fees to see where Boynton Beach compares with other cities and the county.
There was also discussion of installing a parking system at Boat Club Park. Staff to prepare basic
study information on cost benefit.
11.FAC Revenue Increase Recommendations - Bill Shulman
City Commission reviewed the list and agreed to look at a possible Fire Assessment hike as part of
the budget. Other revenue items would also be reviewed by staff as part of the budget.
12.FAC Sale of Surplus Physical Property Recommendation – Dave Madigan
City Commission reviewed and noted this was an ongoing program.
13.FAC Sale of Surplus Real Property Recommendation - Dave Madigan
City Commission concurred with the FAC recommendation to move forward with a staff review
team for real estate disposal.
14.FAC Solid Waste Franchise Recommendation - George Feldman
City Commission discussed and was leaning against pursuing the idea of franchising solid waste.
Matter was left with FAC for further study and review.
15.FAC Solid Waste Recycling Recommendation - George Feldman
City Commission concurred with FAC to continue with the program.
16.FAC Take Home Vehicles and Car Allowance Recommendation – Bill Shulman
City Commission reviewed and requested that staff include as much reductions as possible
(allowances and take-home) for the budget.
17.FAC Voluntary Separation (VSP) Recommendation - Dave Madigan
City Commission reviewed and noted this program has been implemented.
18.FAC E-Billing Recommendation - Don Scantlan
City Commission reviewed. An on-line bill view feature was noted as being desirable. Staff is
working on this.
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19.FAC Museum Recommendation - Merline Pamplona
City Commission reviewed. The recommendations have been incorporated into the FY 12 budget.
20.FAC Pensions Recommendation - Mike Madalena
City Commission and FAC reviewed an updated report. Following discussion, the matter was
referred back to the FAC for further discussion and voting.
21.FAC Shopper Hopper Recommendation - Terry Lonergan
City Commission reviewed and generally concurred with the recommendation. Staff and FAC
requested to develop alternative transportation sources and an information / implementation strategy.
22.FAC Solid Waste Residential Garbage Collection Recommendation – George Feldman
The City Commission referred this item back to the FAC for additional study.
23.FAC Survey Recommendations – Don Scantlan
Presented for information only.
KB: 5/14/11
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14. A
FUTURE AGENDA ITEMS
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Presentation by Florida Representatives Jeff Clemens
EQUESTED CTION BY ITY OMMISSION
District 89 and Lori Berman District 86 to provide an update from the recent legislative session - 4/17/12.
ER:
Informational only
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Police Study - 4/17/12
EQUESTED CTION BY ITY OMMISSION
ER:
At the March 20, 2012 City Commission meeting, there was
XPLANATION OF EQUEST
consensus to table this item to the April 17, 2012 to give members of Commission an
opportunity to review the previous 2006 PERF Study. This item will come back to the
Commission for further discussion.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Update on In-house Medical Clinic- 5/1/12
EQUESTED CTION BY ITY OMMISSION
ER:
Review research and feasibility of bringing into the city an In-house
XPLANATION OF EQUEST
Medical Clinic. Staff has identified several options and will be meeting with CIGNA the end of
March to review programs and costs to bring back for Commission consideration.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. D
FUTURE AGENDA ITEMS
April 3, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 3, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discussion of City Manager Search interview rankings -
EQUESTED CTION BY ITY OMMISSION
5/1/12.
ER:
Discussion of interview rankings and next steps.
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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