Agenda 04-05-05
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
APRIL 5, 2005
Jerry Taylor
Mayor
At Large
Bob Ensler
Commissioner
District I
DISTRI T I
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District III
Carl McKoy
Commissioner
District IV
Kurt Bressner
City Manager
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GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
AprilS, 2005
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Father Martin Zlatic, St Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS:
A. Announcements:
1. None
B. Community and Special Events:
1. Concert on the Green, Saturday, April 16, at The Links at Boynton
Beach, 8020 Jog Rd., featuring Bad Company former lead singer Brian
Howe. Gates open 6 P.M., Concert 8 P.M. Tickets $20 at City Hall, City
Hall in the Mall, The Links, online at www.ticketweb.com or at the gate.
C. Presentations:
1. Proclamations:
a. Arbor Day - April 29th
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 5, 2005
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06 Tabled (2)
II McCray Adv. Bd. On Children & Youth Reg 2 yr term to 4/07
III Ferguson Adv. Bd. On Children & Youth Reg 2 yr term to 4/07
IV McKoy Adv. Bd, On Children & Youth Reg 2 yr term to 4/07
Mayor Taylor Adv. Bd. On Children & Youth Reg 2 yr term to 4/07
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
III Ferguson Adv. Bd. On Children & Youth Stu/RegjVoting 1 yr term to 4/06
IV McKoy Adv. Bd. On Children & Youth Stu/RegjVoting 1 yr term to 4/06
I Ensler Arts Commission Reg 3yr term to 4/08
II McCray Arts Commission Reg 3 yr term to 4/08
III Ferguson Arts Commission Alt 1 yr term to 4/06
IV McKoy Arts Commission Alt 1 yr term to 4/06
I Ensler Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07
II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07
III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06
IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06
Mayor Taylor Bldg Bd of Adj & Appeals Reg 3 yr term to 4/08
I Ensler Bldg Bd of Adj & Appeals Reg 3 yr term to 4/08
IV McKoy Cemetery Board Alt 1 yr term to 4/06
Mayor Taylor Cemetery Board Reg 3 yr term to 4/08
IV McKoy Code Compliance Board Alt 1 yr term to 4/06 Tabled (3)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06
I Ensler Code Compliance Board Reg 3 yr term to 4/08
II McCray Code Compliance Board Reg 3 yr term to 4/08
III Ferguson Code Compliance Board Reg 3 yr term to 4/08
IV McKoy Code Compliance Board Reg 3 yr term to 4/08
IV McKoy Community Relations Board Alt 1 yr term to 4/06 Tabled (2)
Mayor Taylor Community Relations Board Alt 1 yr term to 4/06
I Ensler Community Relations Board Reg 3 yr term to 4/08
II McCray Community Relations Board Reg 3 yr term to 4/08
III Ferguson Community Relations Board Reg 3 yr term to 4/08
IV McKoy Education Advisory Board Stu 1 yr term to 4/06 Tabled (2)
Mayor Taylor Education Advisory Board Reg 2 yr term to 4/07
I Ensler Education Advisory Board Reg 2 yr term to 4/07
II McCray Education Advisory Board Reg 2 yr term to 4/07
III Ferguson Education Advisory Board Reg 2 yr term to 4/07
IV McKoy Education Advisory Board Alt 1 yr term to 4/06
Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April S, 200S
I Ensler Education Advisory Board Stu 1 yr term to 4/06
II McCray Golf Course Advisory Committee Reg 5 yr term to 6/10 Tabled (2)
Mayor Taylor Library Board Reg 3 yr term to 4/08
I Ensler Library Board Reg 3 yr term to 4/07
II McCray Library Board Reg 3 yr term to 4/08
III Ferguson Library Board Reg 3 yr term to 4/08
IV McKoy Library Board Alt 1 yr term to 4/06
Mayor Taylor Library Board Alt 1 yr term to 4/06
III Ferguson Planning & Development Board Reg 2 yr term to 4/07
IV McKoy Planning & Development Board Reg 2 yr term to 4/07
Mayor Taylor Planning & Development Board Reg 2 yr term to 4/07
I Ensler Planning & Development Board Alt 1 yr term to 4/06
II McCray Planning & Development Board Alt 1 yr term to 4/06
I Ensler Recreation & Parks Board Reg 3 yr term to 4/08
II McCray Recreation & Parks Board Reg 3 yr term to 4/08
III Ferguson Recreation & Parks Board Alt 1 yr term to 4/06
IV McKoy Recreation & Parks Board Alt 1 yr term to 4/06
I Ensler Senior Advisory Board Alt 1 yr term to 4/06
II McCray Senior Advisory Board Reg 2 yr term to 4/07
III Ferguson Senior Advisory Board Reg 2 yr term to 4/07
IV McKoy Senior Advisory Board Reg 2 yr term to 4/07
Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/07
I Ensler Senior Advisory Board Alt 1 yr term to 4/07
IV McKoy Employees' Pension Board Reg 3 yr term to 4/08
I Ensler Firefighters' Pension Board Reg 2 yr term to 4/07
II McCray Firefighters' Pension Board Reg 2 yr term to 4/07
Mayor Taylor Police Officers' Pension Board Reg 2 yr term to 4/07
I Ensler Police Officers' Pension Board Reg 2 yr term to 4/07
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Conference -March 11, 2005
2. Regular City Commission Meeting - March 15, 2005
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 5, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Approve the piggyback on the extension of the three-year contract of
Solid Waste Authority of Palm Beach County, to Phillips & Jordan, Inc. of
Zephyrhills, Florida for Debris Collection and Disposal 2005 Hurricane
Season. All expenses are eligible for reimbursement through FEMA on a
percentage basis. Terms of Approval: June 1, 2005 through May 31,
2006. (Proposed Resolution No. 05-050)
2. Award Bid #016-2821-05jJA, "EAST PLANT EXPANSION TEST WELLS
AND AQUIFER STORAGE AND RECOVERY WELL TWO", to Southeast
Drilling Services, Inc. (SED); and, to execute a contract by resolution in
the amount of $5,723,035.00 plus a contingency of 15% in the amount of
$858,455.25 for a total project budget appropriation of $6,581,490.25.
(Proposed Resolution No. 05-051)
3. Ratify previous emergency action taken by the City Manager to approve
the contract from Crain Engineering Company, Inc. for professional
inspection services rendered to the Boynton Terrace Apartment complex
in the amount of $25,000 plus an additional expenditure of $1,845.44 as
a result of outside printing and binding costs not included in the original
scope of work.
4. Ratify previous emergency action taken by the City Manager to approve
the contract as written for the amount not to exceed $25,000 from
Kathyrn L. Pascale, CHMM, Inc. for profeSSional inspection services
rendered at the Boynton Terrace Apartment Complex.
C. Resolutions:
1. Proposed Resolution No ROS-OS2 RE: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Troy & Theresa Rushton for the property at 1033
Wilkinson Rd., Lake Worth, FL (Hypoluxo Ridge ADD NO 1 LT 27).
2. Proposed Resolution No. ROS-OS3 RE: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Southeastern Conference Association of Seventh Day
Adventists, Incorporated located at the northeast quadrant of Military
Trail and Ridgewood Road. (PCN 00-42-46-0100-000-7010)
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 5, 2005
3. Proposed Resolution No. R05-054 RE Approving and
authorizing the execution of an Agreement between the City of Boynton
Beach and Palm Beach County providing for the satisfaction of the City's
connection fees and capital facilities charges by Palm Beach County on
behalf of residents of Avondale Pines electing to reimburse the County
over a 20-year period through the assessment process.
4. Proposed Resolution No. R05-055 RE: Approving and
authorizing the execution of an Agreement between the City of Boynton
Beach and Vantage Care Retirement Health Savings Plan regarding the
disposition of employees' sick leave or vacation leave upon termination.
5. Proposed Resolution No. R05-056 RE: Approving and
authorizing the execution of an Agreement between Advanced Technical
Education Consultants, Inc (ATEC) and the City of Boynton Beach for
paramedic students from ATEC to obtain their clinical field training with
our Fire Rescue Department.
6. Proposed Resolution No. R05-057 RE: Approving the
Sub-grant Agreement between the City of Boynton Beach and State of
Florida in order to provide for statewide interoperable communications
capabilities between the Boynton Beach Police and Fire Rescue
Departments and other public safety agencies.
7. Proposed Resolution No. R05-058 RE: Authorizing
the creation of a Conservation Easement north of the eastern terminus of
Boynton Beach Boulevard (and extension thereof) and east of the existing
storm water encatchment area in accordance with the South Florida
Water Management District (SFWMD) Permit No. 50-04166-P in order to
preserve and/or mitigate existing wetlands.
D. Ratification of Planning & Development Board Action:
1. Quantum Park MU Height (CORV 05-006) Request amendment to
the Land Development Regulations to increase the allowable building
height from 45 feet to 5 stories in Mixed Use (MU) PODs of the Planned
Industrial District (PID) regulations.
E. Ratification of CRA Action:
1. Car Wash Use in M-1 (CORV 05-001) Request for an amendment to
the Land Development Regulations, Chapter 2 Zoning, Section 8.A.4. M-l
Industrial District, to allow as a conditional use, carwashes provided the
use is located along a major arterial roadway located west of Interstate
95, such as Congress Avenue.
5
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 5, 2005
F. Approval of the SURPLUS VEHICLE LIST one (1) item as submitted by Public
Works/Fleet Maintenance, and allow for the sale of same.
G. Authorize the use of Community Investment Funds from Commissioner Carl
McKoy for the National Youth Association for Academics and Athletes. (TABLED
ON 3/15/05)
H. Authorize the use of Community Investment Funds by Commissioner Mike
Ferguson, Mayor Taylor and Commissioner Carl McKoy for the Greater Boynton
Beach Sister Cities Committee, Inc. Young Artists Competition and Commissioner
Ensler to the Tomodachi Judo Club.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Lofts (LUAR 05-003)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request to amend the Future Land Use designation from Local
Retail Commercial (LRC) to Mixed Use (MX) (1st READING OF
PROPOSED ORDINANCE NO. 05-019); and to rezone from
Community Commercial (C-3) to Mixed-Use Low (MU-L) (1ST
READING OF PROPOSED ORDINANCE NO. 05-020)
1. Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway-
Request for new site plan approval to construct a mixed-use project
consisting of 48 multi-family dwelling units, 5,364 square feet of retail
and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning
district.
2. Boynton Beach Lofts (HTEX 05-001) - 623 South Federal Highway-
Request for a height exception of 3'-2" pursuant to the City's Land
Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator/stair tower to be 78'-2" in height, a
distance of 3'-2" above the 70' maximum height allowed in the Mixed-Use
Low (MU-L) zoning district,
6
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 5, 2005
B. Project: Barr Property (LUAR 04-009)
Agent: John Barr, Cornerstone Premier Communities
Owner: BMVFL -1, Inc.
Location: 1801 NE 4th Street
Description: Request to amend the Comprehensive Plan Future Land Use Map
for High Density Residential to Special High Density Presidential
(1st READING OF PROPOSED ORDINANCE NO. 05-021);
and to rezone from R-3 Multi-family Residential to Planned Unit
Development (PUD). (1st READING OF PROPOSED
ORDINANCE NO. 05-022)
Proposed Use: Townhouse community of 180 units.
1. Barr Property (NWSP 04-013) 1801 NE 4th Street. Request new site
plan approval for a 180-unit town home development on a 9.88 acre
parcel in a proposed PUD zoning district.
IX. CITY MANAGER'S REPORT:
A. Annexation of Enclaves
X. FUTURE AGENDA ITEMS:
A. Management of Colors along Congress Avenue, Federal Highway, Gateway
Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on
review by Planning & Development Board and CRA) (5/3/05)
B. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05)
C. Proposed Lease Agreement with Boynton Woman's Club (TBA)
D. Hurricane Design for Public Buildings (5/3/05)
E. City Manager's Evaluation (October 2005)
F. Commission Boundary Redistricting
G. Zoning in M-1 District
XI. NEW BUSINESS:
A. Support the goals and objectives of the Utel Project for workforce development
(Proposed Resolution No. R05-059)
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
7
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 5, 2005
None
B. Ordinances - 1st Reading
None
C. Resolutions:
1. Proposed Resolution No. ROS-060 RE: Authorizing
issuance of a "Notice of Intent" to create a temporary moratorium to
allow staff to review and revise zoning regulations or properties in M-l
Zoning Districts which front on specific roadways; and providing an
effective date.
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWEN1Y-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA 4/4/20058:20 AM
S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2005\031505.DOC
8
III.-ANNOUNCEMENTS a. PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
[8J April 5, 2005
0 April 19, 2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
o June 21, 2005
o July 5, 2005
o July 19, 2005
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
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April 18, 2005 (Noon)
June 20, 2005 (Noon) ::r.
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May 2, 2005 (Noon)
July 5, 2005 (Noon)
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NA TURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
[8J Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
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RECOMMENDATION: Make proclamation.
EXPLANA TION: The proclamation will be for April 29, 2005, the last Friday of April, to be Arbor Day in the City of
Boynton Beach
PROGRAM IMPACT: The proclamation allows the City to receive Tree City USA designation for the 220d year in a row.
FISCAL IMP ACT: This request has no effect on the budget.
AL TERNA TIVES: The National Arbor Day Society requires a proclamation to certify. The organization has certified the
City of Boynton Beach for the last twenty-one years, and it would maintain a continuous cycle of the City of Boynton Beach
being a Tree City.
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~ Department Head's Signature
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City Manager's Signature
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fir;c.~s/tn~1V' -i: p,~f,.v(<:;;'
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a
special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than
a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide
habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for
our fires and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of
business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim the April 29, 2005 as:
ARBOR DA Y
in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and
woodlands and to support our City's urban forestry program; and
FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-
being of present and future generations. .
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida to be affixed this 5th day of April in the Year 2005.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
(.J'.'(' '.'.'
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VI.-CONSENT AGENDA
ITEM B.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8] April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19,2005 April 4,2005 (Noon) D June 2 1,2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5,2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [8] Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: : A motion to approve the "piggy-back" on the extension of the three year contract of Solid
Waste Authority of Palm Beach County, to Phillips & Jordan, Inc. of Zephyrhills Florida, for Debris Collection and
Disposal 2005 Hurricane Season. The RFP# 00-250/JMD is to be utilized as an insurance policy on an "AS NEEDED
BASIS". All expenses are eligible for reimbursement through FEMA on a percentage basis.
Term of Approval: June 1, 2005 through June 13, 2006, with a City option for a one (1) year renewal to May 31, 2007
EXPLANATION: Procurement Services has reviewed the request from Public Works to utilize Phillip & Jordan Inc.
of Zephyrhills Florida, for the HurricaneIDisaster Debris Removal, Reduction and Disposal for the hurricane seasons
2005 through 2007.
This agreement for debris removal will be returned to the Commissioners for Annual Renewal.
Procurement Services request Commission's review, evaluation and approval.
PROGRAM IMP ACT: Due to the critical nature of this service it is imperative to have a contractor in place in order
to avoid delays should there be a hurricane/disaster/emergency situation. .
FISCAL IMPACT: Contract for debris collection and disposal is reimbursable on a percent basis from FEMA
yJen.t1~
A~istant to Finance Director
City Manager's Signature
Procurement Services
Department Name
~orney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R- 05
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE AGREEMENT TO "PIGGY-BACK"
7 THE EXTENSION OF A THREE YEAR CONTRACT
8 OF SOLID WASTE AUTHORITY OF PALM BEACH
9 COUNTY, TO PHILLIPS & JORDAN, INC., FOR
10 DEBRIS COLLECTION AND DISPOSAL 2005
11 HURRICANE SEASON; PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, due to the critical nature of this service it is imperative to have a
15 contract in place in order to avoid delays should there be a hurricane/disaster/emergency
16 situation; and
17 WHEREAS, The RFP # 00-2401lMD is to be utilized as an insurance policy on an
18 "as needed basis". Contract for debris collection and disposal is reimbursable through
19 FEMA.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
Each Whereas clause set forth above IS true and correct and
23 incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
24
25 approves the attached Agreement to "piggyback" of Solid Waste Authority of Palm Beach
26 County, to Phillips & Jordan, Inc., for Debris Collection and Disposal 2005 Hurricane
27 Season.
28
Section 2.
That this Resolution shall become effective immediately.
29
S:\CA\RESO\Agreements\Bid Awards\Piggy Back SWA -Phillips & Jordan Debris removal.doc
PASSED AND ADOPTED this
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20 ATTEST:
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23 City Clerk
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25 (Corporate Seal)
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day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Bid Awards\Piggy Back SWA -Phillips & Jordan Debris removal.doc
AGREEMENT
THIS IS AN AGREEMENT, dated this _ day of
, 2005, by and between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
"City",
and
PHILLIPS & JORDAN, INC., a North Carolina
corporation authorized to do business in the state of
Florida, FEIN 56-0694573, hereinafter
"Contractor" .
WHEREAS, the City has the need to procure the services of a qualified contractor to
provide hurricane/disaster debris collection, removal, reduction, and disposal ("Services"); and
WHEREAS, Solid Waste Authority of Palm Beach County ("SW A") competitively bid
for these Services under RFP 00-250/JMD (Contract No. 01-252); and
WHEREAS, Contractor submitted a bid in response to the SW A Request for Proposal;
and
WHEREAS, after receipt of said proposal from Contractor, SW A entered into a three-
year contract with Contractor to provide services, said Contract having an effective date of June
14, 2001, and which has been subsequently extended to June 13, 2007 pursuant to an
Amendment of Agreement dated April 14, 2003, copies of which are attached hereto and made a
part hereof as composite Exhibit "A" ("SW A Contract"); and
WHEREAS, the City of Boynton Beach has reviewed the scope of services of the
competitively bid SW A Contract, and has determined that it is an agreement that can be utilized
by the City to provide said Services to the City of Boynton Beach; and
WHEREAS, the SW A Contract authorizes the Contractor to enter into an agreement
with the City under a piggybacking arrangement; and
WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the
SW A Contract in performing Services for the City; and
WHEREAS, City desires to retain the Contractor based on the SW A Contract; and
WHEREAS, at its meeting of AprilS, 2005, the City Commission of the City of Boynton
Beach authorized the proper City officials to enter into an Agreement with Contractor; and
S:\CA\AGMTS\Piggyback (debris remvoal).doc
1
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Section 2. Attached hereto and made a part hereof by reference as Composite Exhibit
"A" is the SW A Contract referred to above. The prices, terms and conditions of this SW A
Contract shall govern the relationship between the City and Contractor, except as amended
below:
A. The term of this Agreement shall be from June 1,2005 through May 31,2006.
B. The City has an option to extend the Agreement for an additional one (1) year
term from June 1,2006 through May 31,2007 at the request and discretion of the
City.
C. Notice to the City, for purposes of Article 27 of the SW A Contract shall be sent
to:
City of Boynton Beach
Attn: City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Section 3. In all other respects, the terms and conditions of the SW A Contract, are
hereby ratified and shall remain in full force and effect under this agreement, as provided by
their terms.
IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and
seals on the dates written below.
CITY OF BOYNTON BEACH
BY:
CITY MANAGER
ATTEST:
BY:
CITY CLERK
APPROVED AS TO FORM:
S:\CA\AGMTS\Piggyback (debris remvoal).doc
2
CITY ATTORNEY
WITNESSED BY:
H:/I 990/900 I 82.bb/agmt/piggyback (debris removal).doc
S:\CA\AGMTS\Piggyback (debris remvoal).doc
3
PHILLIPS & JORDAN, INC.
BY:
Ben R. Turner, President
COMPOSITE EXHIBIT "A"
AGREEMENT BETWEEN SW A AND CONTRACTOR
(Including Amendment)
S:\CA\AGMTS\Piggyback (debris remvoal).doc
4
AMENDMENT#l TO THE AGREBMENT
FOR PROFESSIONAL SBRJlICES BETWEEN
THE SOLID WASTE A UTlfORITY OF PALM BEACH COUNTY
AND PHILLIPS & JORDAN, lNe.
DATED THE 14TH DAY OF JUNE, 2001
This Pint Amendment, dated the 3rd day of Marcb, 2004, to 1he Agreement for tb; above written
serrioes, AgreemeDt No. 01-252, between the SoUd Waste Authority of Palm Beach County (~ereinafter
reined to as A'OlHORITY). and Phillips & Jordan, Inc. (hereinafter referred to as CONTRACTOR);
Whereas, both parties desire to extend the tenn of the Agreement through June 13,2007; and.
Whereas, AUTIIORlTY, desires CONTRACTOR to continue to perfonn the services as may be
sp~ifically designated and authorized by the AUIlIORlTYj and,
Now, there.fote, in consideration of the foregoing and the mutual promises and covenants contained
helth, and other good and valuable consideration, the parties hereto agree as follows:
In accordance with Article 1 - Effective DatelTenn, the AUTHORITY and CONTRACTOR
mutually agree to extend the Agreement for the above written services for a term of three (3)
years effective JUDe 14,2004 through June 13,2007.
All other provisions of the Agreement for the services as written above dated the 14th of June 2001, shall
renain in full force and effect and shan not be altered, amended or rescinded except as provided herein.
In Witness Whereo..f. the Executive Director of the AUTHORITY has made and executed this
Anen.dment on behalf of the Solid Waste Authority of Palm Beach County and Phillips & Jordan, Inc. has
e~uted this Amendment as of the day and year above written,
/0-
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
~~-
7 Jolin D. Booth
Executive Director
By:
AWJoved as to Form and Legal. Sufti ney:
By: l11kwAtP~-~/A-
Geheral Counsel to the Authority
Attest
~~. /IL -t;~
I"I-S.s { - CotpOrate SeCf'etary
PHILLIPS & JORDAN, INC.:
BY:~~_
(Corparate Seal!
Witness;
~
Name: Ah?.If! T;';.r/'Je/
Title: j)rt!:~d p nt
,
Approved by Authority Board on April 14 I 2004, Item. 9. F. 2
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6320
FAX: (561) 742-6306
February 5,2004
PHILLIPS & JORDAN, INe.
P.O. BOX 2295
ZEPHYRHILLS, FL 33539
ATTN: CARRIEZITSMAN
RE: "ANNUAL HURRICANE DEBRIS COLLECTION AND DISPOSAL"
BID #075-2510-03/JA - CONTRACT PERIOD: 06/14/01 - 06/13/04
Dear Ms. Zitsman:
The referenced contract will expire on June 13, 2004. The City of Boynton Beach would like to
renew the existing contract under the same Terms and Conditions for an additional three (3) year
term.
We appreciate your quality service; therefore, if all parties agree, the contract will be renewed for
an additional three (3) years. The contract renewal period will be:
JUNE 14,2004 TO JUNE 13,2007
Please indicate your response on the following page and return it to Procurement Services at your
earliest convenience. We look forward to working with you during the extended contract period.
If you should have any questions, please feel free to call my office at (561) 742-6322.
Sincerely,
o~~~
Bill Atkins,
Deputy Director of Financial Services
/ja
Attachment
cc: Dale Sugerman - Assistant City Manager
Chris Roberts - Assistant Director of Public Works
Larry Quinn - Manager of Solid Waste
Central File
Chief Gage - Police Department
Chief Bingham - Fire Department
Chuck Magazine - Risk Manager
',File
Americas Gateway to the Gulfstream
U~l:r^~iiu~~~~~tii ()jf~u~,~~o~uo
Boynton Beach
I-'Al;it:. 113
rJ(
, '\
'1' .
r"
"I '..
Procurement Servicu
ZOO E. Boynton Beach B()ldevud
P.O, BoJt310
Boynton Beach, Florida 98425-0910
Telephone No: (661) 742-6820
FAX: (661) 742-6306
f.~ECEIVED
MAR 0 3 2004
r'ROCUREMENT SfRVICES
d '-:t--
-. -(I
BID NAME: "ANNUAL HURRICANE DEBRIS COLLECTION AND DISPOSAL"
BID NUMBER:
# 075-2510-03/JA
Agreement between the City of Boynton Beach. Owner; and
pmLIPS & JORDAN. INC.
(Company's Name)
Contract Renewal Period: JUNE 14, 2004 TO JUNE 13,2007
L.gree to renew the existing contract under the same Terms and CunditiODB, and
agree to submit a Certificate of Insurance along with this agreement and will name the
City of Boynton Beach as additional insured.
_ No, I do not wish to renew the contract at this time.
d~f ~ ~.
NAMEOFCOMPANY y
&v ~ I-w~
NAME OF REPRESENTATIVE
(please print)
TITLE
3/J!o\.f
DATE
?fi3 7'?S-I/3 <-
(AREA CODE) TELEPHONE NUMBER
Aml!U'ica ~ Oa tewSY t() the Gu1fst1:eam
rl~;I1ct:l-
PUBLIC WORKS DEPARTMENT
Memorandum No. 03-097
RECEIVED
JUN 1 3 2003
~ROC"R~Mp SERVICES
To:
Bill Atkins, Deputy Director of Finance
Procurement
Christine Roberts, Assistant Public Works Directo~
Larry Quinn, Solid Waste Manager
Via:
From:
Date:
June 11,2003
Subject:
HurricanelDisaster Debris Removal, Reduction, & Disposal
Contract No. 01-252
Attached please find a copy of the contract, fee schedule, and letter of award to Phillips &
Jordan, Inc. for HurricanelDisaster Debris Removal, Reduction, & Disposal with the Solid Waste
Authority of Palm Beach County.
Per our discussions, please prepare this request to "piggy-back" Contract No. 01-252 for
Commission Approval. Please note that any services fees incurred as a result of this contract
would be charged against Account No. 431-2515-534-49.17 and then reimbursed from FEMA.
Should you need any additional information in order to proce
Ext. 6206.
PL/LQ/pl
Attachments
Copy: PW File
May 8, 2003
Larry Quinn, Solid Waste Manager
City of Boynton Beach
222 N.E. 9th Avenue
Boynton Beach, FL 33435
RE: Disaster Recovery Services
Dear Mr. Quinn:
Phillips & Jordan, Inc. has been awarded the Contract for HurricanelDisaster Debris Removal,
Reduction, and Disposal with the Solid Waste Authority of Palm Beach County. From our
earlier discussions, I understand that you are interested in taking the necessary actions to
"piggyback" on this contract. At this time, Phillips & Jordan, Inc. offers to the City of Boynton
Beach the opportunity to "piggyback" on this contract at the terms and conditions stipulated
therein.
Should you need further assistance, please do not hesitate to contact me regarding this matter.
Sincerely,
Phillips & Jordan, Inc.
~,
Carrie Zitzman
Projeci Specialist
Disaster Recovery Group
P.O. Box 2295 . Zephyrhills, FL 33539-2295
ph 813.783.1132. fax 813.783.3140
www.pandj.com
.. (((...
VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Cormnission
Meetine Dates in to City Clerk's Office Meeting Dates
181 April 5, 2005 March 14, 2005 (Noon.) 0 June 7, 2005
0 April 19,2005 April 4, 2005 (Noon) 0 June 21, 2005
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005
0 May 17, 2005 May 2, 2005 (Noon) 0 July 19, 2005
Date Final Form Must be Turned ID
to City Clerk's Office
May 16, 2005 (Noon)
June 6, 2005 (Noon)
(--J
June 20, 2005 (Noon) ::::::l
en
July 5, 2005 (Noon)
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NATURE OF
AGENDA ITEM
o Administrative
181 Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
~;:...
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::J::
RECOMMENDATION:
Motion to award Bid #0 16-2821-05/JA, "EAST PLANT EXPANSION TEST WELLS AND
AQUIFER STORAGE AND RECOVERY WELL TWO", to Southeast Drilling Services, Inc.
(SED); and, to execute a contract by resolution in the amount of$ 5,723,035.00. Also, approve an
owner's contingency of 15% in the amount of $ 858,455.25 for a total project budget
appropriation of $ 6,581,490.25.
EXPLANATION:
As required by the City's Water Use Permit (WUP) issued by the South Florida Water
Management District (SFWMD), the award of this construction contract will begin the
implementation of a plan of action to replace lost weUtield capacity due to withdrawal restrictions
from the surtical aquifer in our eastern welltied. This plan of action requires the City to begin
withdrawing and processing raw water for our potable water supply from the Upper Floridan
aquifer by August 2008 and to plan for and implement withdrawal reductions out of the eastern
welltield from the surtical aquifer (due to concerns of saltwater intrusion).
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
CH2M Hill is providing engineering services under Task Order 17, approved by City Commission
on November 19, 2002 for modeling, design, permitting, bidding and construction services for the
City's second aquifer storage and recover well (ASR-2). Under a separate task order, #U04-5-6,
approved by City Commission on July 6, 2004, CH2M Hill is providing engineering services for
the construction of two (2) Floridan aquifer test wells and two (2) monitor wells to determine
water quality and aquifer performance for determining the total quantity of wells needed and well
and process plant sizing.
The combination of the two task orders approved for CH2M Hill, determined the specifications
for this construction bid, based on current and future needs and time restraints regarding the
SFWMD water use permit.
The construction of ASR-2 and the Floridan aquifer test wells and monitor wells are an integral
part of Phase 1, Stage 1 of the East Water Treatment Plant expansion (EPX Project).
PROGRAM IMPACT:
Bid #016-2821-05/JA includes the construction of ASR-2, two (2) Floridan aquifer test production
wells and two (2) Floridan aquifer dual-zone test monitor wells. The ASR-2 well will be located at
1620 South Seacrest Boulevard on the property south of the existing East Water Treatment Plant;
one test monitor well and one test production well will be located at 3111 South Congress Avenue
near the City's tennis center; and the second test monitor well and test production well will be
located in the vicinity of Quantum Park area just south of Minor Road and just east of the LWDD
E-4 canal. AU three locations are on City owned property.
Three (3) bids were received and opened by Procurement Services on February 2, 2005. Copies of
the bid proposals were submitted to Utilities and CH2M Hill for review and evaluation. Southeast
Drilling Services, Inc. has a proven track record for quality well drilling services required for this
project.
We concur with CH2M Hill (see attached letter) and recommend awarding this contract to
Southeast Drilling, Inc. as the lowest, most responsive, responsible bidder who meets all
specifications.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Qr
~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
Funds are available in Account No. 401-5000-590-96.10 WTR093 and Account No. 401-5000-590-
96.10 WTRI08.
RECOMMENDED
Bid Contract Award
15% Owner's Contingency
Total Budget Appropriation
AMOUNT
$ 5,723,035.00
$ 858,455.25
$ 6,581,490.25
ALTERNATIVES:
Due to time constraints placed on the City by the SFWMD, the drilling and development of these
wells is a condition of our water use permit, each with limiting time constraints. The City must
begin injection of potable water for the ASR-2 well on or before August 15, 2005. The SFWMD
has stipulated that new facilities (Floridan monitoring and test wells) must be in place and
operational by August 2008.
The securing of the aquifer performance data, which will determine the number of additional wells
required, additional well site selection, acquisition of the well sites, right-of-way and utility
easement negotiations are a lengthy process and therefore must be started immediately. In order
to meet these deadlines, there is no alternative.
~~
Utilities Department
Department Name
City Attorney I Finance I Hum n Resources
Attachments
cc: Nem Gomez, Interim Utilities Director
Paul Fleming, Sr. Project Manager
Barb Conboy, Manager, Utilities Administration
Procurement Services
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1
2 RESOLUTION NO. R05-
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE A WARD
6 OF BID #016-2821-05/JA TO SOUTHEAST
7 DRILLING, INC., FOR THE EAST PLANT
8 EXPANSION TEST WELLS AND AQUIFER
9 STORAGE AND RECOVERY WELL TWO IN
10 THE AMOUNT OF $5,723,035.00, PLUS AN
11 OWNER'S CONTINGENCY OF 15% IN THE
12 AMOUNT OF $858,455.25 FOR A TOTAL
13 PROJECT BUDGET APPROPRIATION OF
14 $6,581,490.25; AUTHORIZING THE CITY
15 MANAGER TO EXECUTE CONTRACT
16 DOCUMENTS; AND PROVIDING AN
17 EFFECTIVE DATE.
18
19 WHEREAS, three competitive bids were received and opened by
20 rocurement Services on February 2, 2005, for the East Plant Expansion Test Wells
21 nd Aquifer Storage and Recovery Well Two, and together with CH2M Hill, Inc., our
22 esign professional, staff is recommending the award to Southeast Drilling, Inc., as
23 e lowest, most responsive, responsible bidder who meets all specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
24
25 OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and
27 onfirmed as being true and correct and are hereby made a specific part of this
28 esolution upon adoption.
Section 2.
The City Commission of the City of Boynton Beach, Florida,
29
30 ereby approves the award of Bid #016-2821-05/JA to Southeast Drilling, Inc., for the
31 ast Plant Expansion Test Wells and Aquifer Storage and Recovery Well Two, and
32 oes hereby authorize the City Manager to execute a contract in the amount of
:\CA\RESO\Agreements\Bid Awards\Award of Bid - Southeast Drilling (East Plant).doc
1 5,723,035.00 plus an owner's contingency of 15% in the amount of$858,455.25 for
2 total project budget appropriation of $6,581,490.25, a copy of said Contract is
3 ttached hereto and made a part hereof.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
Corporate Seal)
:\CA\RESO\Agreements\Bid Awards\Award of Bid - Southeast Drilling (East Plant).doc
BID TITLE: EAST PLANT EXPANSTON TEST WELLS ANn AQTTTFER STORAGE ANn
RErOVERY WET J, TWO
BID NUMBER: 01 n- ?R?1-0S/T A
PROJECT NUMBER: WTR 091 /([ WTR 1 OR
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 5th. day of April, 2fi05, by and between the CITY
OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY"
or "OWNER" and SOUTHEAST DRILLING SERVICES, INe.
a Florida Corporation ( ~)
a Florida General Partnership L-)
a Florida Limited Partnership L-)
a Sole Proprietor L-)
Check One
hereinafter called "CONTRACTOR".
WTTNRSSRTH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
EAST PLANT EXPANSION TEST WELLS AND
AQUIFER STORAGE AND RECOVERY WELL TWO
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 2nd day of Deeemher, 2.llil4, for the total bid amount of
$ 5,723.035.00; and,
WHEREAS, On the 5th. day of April, 2005, the City Commission designated contractor as
having submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 24fi consecutive calendar days as specified in the Notice to
Proceed, subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
C - 1
Utilities Department
Rev. 12/30/03
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced III all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6 Supplemental Conditions for Construction (SCC) - all references to
"SCC" shall be to section numbers
2.2.7 Construction Contract
2.2.8 Certificate of Insurance
2.2.9 Public Construction Bond
2.2.10 Technical Specifications
2.2.11 Contract Drawings and Plans
2.2.12 Addenda
2.2.13 Written directives or interpretations
2.2.14 Manufacturers warranties
c- 2
Utilities Department
Rev. 12/30/03
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS. Comply with the provisions of Section 255.05, Florida
Statutes, if applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
C-3
Utilities Department
Rev. 12/30/03
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 2.4.0
consecutive calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
C-4
Utilities Department
Rev. 12/30/03
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $2,000.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 2:Ul
consecutive calendar days from the Commencement Date as indicated in the
written "Notice to Proceed". The CITY shall have the right to deduct said
liquidated damages from any amount due, or that may become due the
CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR
or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
6.3. In addition to the provisions of Section 27 of Instruction to Bidders which provide
for Liquidated Damages in the event Substantial and Final completion dates are
not met, Paragraph 6.3 establishes liquidated damages associated with interim
deliverable milestones. Supplemental Conditions for Construction, SCC -- 4,
INTERIM MILESTONES and Technical Specification for Construction 01010,
SUMMARY OF WORK outline four (4) interim deliverable milestones that
coincide with completion of the project. Failure by the CONTRACTOR to
complete the work by the interim deliverable milestones may cause the CITY to
suffer damages. Therefore, in such an event, the CITY shall be entitled to
Liquidated Damages of $2,000 00 for each and every day until the completion of
the interim deliverable milestone and acceptance by the Engineer and Project
Manager. Each interim deliverable milestone will be evaluated separately.
Paragraph 6.3 shall only apply with respect to interim deliverable milestones
and liquidated damage payments for failing to meet the described interim
milestones. Nothing in this section shall impact, be construed as, or
constitute a waiver of the CITY's rights to liquidated damages as provided in
Section 27 of the Instruction to Bidders and Section 6 of this document.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
C - 5
Utilities Department
Rev. 12/30/03
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
C-6
Utilities Department
Rev. 12/30/03
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is Dave Smith, P.G., CH2M Hill.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
C -7
Utilities Department
Rev. 12/30/03
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-17, CONTRACT INTERPRETATION. In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest weight, followed by the General Conditions for Construction and finally
by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
c- 8
Utilities Department
Rev. 12/30/03
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIMEINO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
C-9
Utilities Department
Rev. 12/30/03
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) ss:
County of Palm Beach
)
On this day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
C - 10
Utilities Department
Rev. 12/30/03
(((
Utilities Department
City of Boynton Beach
Project Management Team
Interoffice Correspondence
TO:
FROM:
Mary Munro DATE: February 23,2005
Assistant to the Finance Director/Procurement
Paul Fleming, U~.l ~ PHONE: 6487
Senior Project Manager 1 ~--
PROJECT:
East Plant Expansion Test Wells and Aquifer Storage and Recovery Well Two
Bid #016-2821-05/JA
SUBJECT:
Recommendation of Contract Award
bcc:
File: 2.2
Nem Gomez, Interim Utilities Director
B. Conboy, Manager, Utilities Administration
K. Riseley, Contract Coordinator
This office has reviewed the bid tabulation sheet and related information for the projectlbid and hereby
recommends contract award in accordance with the following data:
Project Name: EPX Test Wells and ASR-2
Recommended Contractor: Southeast Drilling Services, Inc. This is the lowest bidder for Bid #016-
2821-05/JA whose bid represents the most advantageous bid to the City, price and other factors
considered.
Award Amount: $ 5,723,035.00. A Contingency of 15% of the award amount, $ 858,455.25, will be
set aside for unforeseen site conditions to be managed by the Senior Project Manager. The requested
total budget appropriation is $ 6,581,490.25.
Account Number: 401-5000-590-96.10 WTR093
401-5000-590-96.10 WTR 108
Verification of Contractor Responsibility: The Utilities Department and the project consultant,
CH2M Hill, have verified that Southeast Drilling Services, Inc. has performed successful water well
drilling construction projects in the past for Palm Beach County Utilities, Collier County Utilities, and the
City of Fort Myers.
The bid forms for subcontractors and trench safety were incomplete. Since this was considered a
'technicality', Southeast was NOT considered non responsive. Completed forms were submitted on
February 23, 2004.
\
Utilities Department
City of Boynton Beach
Project Management Team
Interoffice Correspondence
Compliance with the Plans and Specifications: No exceptions were taken to the construction bid
documents. As determined by the City attorney's office, Southeast qualified their bid submittal by
meeting the requirement requesting evidence of a water well drilling license and a general contractor's
license held by the bidder/contractor and or a subcontractor.
Client Office Concurrence: Bid results were discussed with Pete Mazzella, Deputy Utilities Director.
If you have any questions, please contact me at Ext. 6487.
Attachments: Agenda Item Cover Sheet and Checklist
Agenda Item Request
Letter of Recommendation from CH2M Hill
Signed Bid Tabulation Form
Hillsboro Executive Center North
800 Fairway Drive
Suite 350
. CH2MHILL
,..,
Deerfield Beach, FL 33441-1831
Tel. 954.426.4008
Fax 954.698.6010
Febmary 111 2005
321891.08.LB
Paul M. Fleming
Senior Project Manger
124 East Woolbright Road
Boynton Beachl FL 33425-0310
Subject: Recommendation of Award for the East Plant Expansion Test Wells and Aquifer
Storage Recovery Well Two
Dear Mr. Fleming:
We have reviewed the bids received in response to the Instruction to Bidders for the
Recommendation of Award for the East Plant Expansion Test Wells and Aquifer Storage
Recovery Well Two Bid Number 016-2821-05/JA.
Specification packages were obtained by the following firms:
1. Webb Enterprises Ine.
2. Florida Design Contractorsl Ine.
3. Southeast Drilling Service
The Bids are summarized in the Bid Table and the apparent low bidder was South East
Drilling with a total base bid of $5/723/035.00.
Per article 24.4 of the Instmctions to Biddersl "The City reserves the right to award the
Contract for the work described by these specifications in a manner or method which will
produce the most effective cost benefit to the City. The low monetary bid will NOT in all
cases be awarded the Contract. The Contract will be awarded by the City to the most
responsivel responsible Bidder whose bid represents the most advantageous bid to the Cityl
price and other factors considered./I
The following major items were required to be included with each Bid in accordance with
the Instmctions to Bidders:
. Acknowledgment of Addendum # 1
. Acknowledgment of Addendum # 2
. Acknowledgment of Addendum # 3
. Acknowledgment of Addendum # 4
. Total Evaluated Bid Items Schedules A-F
. Bid Bond
. Statement of Bidder's Qualifications
. Bidder's Site Inspection Confirmation
· Noncollusion Affidavit of Prime Bidder
· Anti-Kickback Affidavit
· Confirmation of Minority Owned Business
· Confirmation of Drug-Free Workplace
· Trench Safety Act Affidavit
· Safety Program Compliance
· Schedule of Subcontractors
· Original and three (3) copies of bid
· Computer Generated Horizontal Bar Chart
· Evidence of possession of required licenses and/ or building permits
The Proposer Sign-in Sheet and a summary of the submittal of major items outlined above
by each contractor is presented in Attachment 1.
Based on our review, we find that South East Drilling Services submitted all of the items
required by the Instruction to Bidders. Although their bid was above the Engineer's
Estimate of Probable Construction Cost, it is our understanding that the City will accept this
bid as reasonable to conduct the proposed work. Nevertheless we are happy to provide
further detailed evaluation and explanation of cost variances if required.
Therefore, we recommend that the City of Boynton Beach award this contract to South East
Drilling, Ine. for $5,723,035.00. The contractor has appropriate experience in this type of
work and has received positive recommendations based on previous work as summarized.
We do however have two points of concern that we wish to raise, which the City may wish
to investigate further prior to bid award. Firstly the recommended contractor does not
appear to hold a General Contractors License - the license submitted is held by their
subcontractor CRe. We understand from your conversations that this is acceptable, but we
urge you to re-check this requirement. Secondly, the recommended contractor did fail to
complete dollar amolmts and percentages for each of the sub contractors. Due to this we
have no idea what percentage of the work will be completed by CRC, the holder of the
General Contractors License.
Please contact me if you have any questions or if you require any additional information.
Sincerely,
II.
CH2M
Dave Smith
....
Senior Project Manager
Table 1
Bidder Bid Rank Bid Price Submitted Required
Documentation
Southeast Drilling Services. 1 $5,723,035.00 See Attachment 1
Webb Enterprises Inc. 2 $6,370,393.00 See Attachment 1
Florida Design Contractors, Inc 3 $6,813,935.00 See Attachment 1
Engineer's cost estimate - $ 5,011,552.30
Attachment 1
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Bid Tabulation
The City of Boynton Beach
East Plant Expansion Test Wells and Aquifier Storage and Recovery Well Two
ITEM CONTRACTORS
Webb's Enterprises, Florida Design Southeast Drilling Service
Inc. Contractors, Inc.
Total Bid Base $6,370,393.00 $6,813,935.40 $5,723,035.00
Receipt for Addendum NO.1 Yes Yes Yes
ReceiptforAddendumNo.2 Yes Yes Yes
Receipt for Addendum No. 3 Yes Yes Yes
Receipt for Addendum No.4 Yes Yes Yes
Bid Summa v
SCHEDULE A $2,595,293.00 $2,9aQ,54Q.QQ" $2,766,055.00
SCHEDULE B & C $1,832,540.00 $1,919,924.20 $1,461,485**
SCHEDULE D & E $1,810,550.00 $1,794,781.20 $1,399,485.00
SCHEDULE F $72,000.00 $49,680.00 $36,000.00
TESTING ALLOWANCE $40,000.00 $40,000.00 $40,000.00
ALLOWANCE FOR PROCESS I&C $20,000.00 $20,000.00 $20,000.00
INDEMNIFICATION $10.00 $10.00 $10.00
Florida Statutes on Public Entitv Yes Yes
Site Inspection Confirmation Yes Yes Yes
Bid Bond 5% 5% 5%
Nonconclusion Affidavit of Prime Bidder Yes Yes Yes
Anti-Kickback Affidavit Yes Yes Yes
Trench Safety Act Affidavit Slipinq/Shorinq Slopinq/Shorinq -
Confirmation of Druq-Free workplace Yes Yes Yes
Confirmation of Minority Owned Business No No NA
Safety Proqram Compliance/Backup Yes Yes Yes
Contractors Licence CGC040304 CGC040304 CGC050815*
Florida Design CRC, Energy Efficient, CC
Contractors, MV Contractors, Southern Well
Geophysical Surveys, - Services, MV Geophysical
Subcontractors Inc. Surveys
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VI.-CONSENT AGENDA
ITEM B.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting. Dates in to City Clerk's Office
~ April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF M Consent Agenda P 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Ratify previous emergency action taken by the City Manager to approve the attached contract from Crain Engineering
Company, Inc. for professional inspection services rendered at the Boynton Terrace Apartment complex, in the amount of
$25,000 plus an additional expenditure of $1,845.44, beyond the not to exceed amount as a result of outside printing and
binding costs not included in the original scope of work.
EXPLANATION:
The Building Division conducted the first assessment inspection of Boynton Terrace Apartments on September 13, 2004,
following the events of Hurricane Francis. Through further inspections it was determined that much of the damage was due to
pre-existing conditions. In keeping with the requirements of Florida Statute 287.017, the Building Division requested that the
City Manager deem the situation a public emergency and contract with the appropriate professional services to rectify the
conditions as quickly as possible. This contract was to be presented to the City Commission for ratification at the November
3,2004 Commission meeting, but was an oversight.
PROGRAM IMP ACT: None
FISCAL IMPACT: $26,845.4t'in fiscal year 2004/2005. (Acct # 691-0000-247-04-43)
Quintus L. Green
*~d~
to\.r ~a~r
\\~N. .~
V lC<
ALTERNATIVES:
Development Department
n Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
..'
,/
"' Crain tE11{Pneering Company, Inc.
ENGINEERS AND ARCHITECfS EB- 0002282
360'" PARK CEN1RAL BOULEVARD NORlH, MC 000965
SUTIE 3635
POMPANO BEACH, FL 33064
Telephone: 954-917-0411 or 1-800-749-5445 Facsimile: 954-917-0415
-'~', .~~ ..-._-"_..~.._---._-
;Li}~JLD W ~
. ,
r~'CD
I L.U
I J ?OOS
Wi
II
~ II
; (
January 14,2005
1
I
I [, Ie Pi, ,. r,. i' ~ 'JT Or:: 01'\ .
L-..'~._,.__'_~'~~. t '- j: J[l.()p~\.,~r ~\
VIA FACSIMILE: 56.-742-=-6357----
L
Timothy K Large, C.B.a.
City of Boynton Beach
Building Code Administration
Development/Building Division
100 Boynton Beach Blvd.
Boynton Beach, FL 333425
RE: Professional Engineering and Architectural Services
Boynton Terrace Apartments - (HUD Housing)
Dear Tim:
Please find enclosed the final invoice for services pertaining to the above-mentioned project. As you will see by
the hours logged we expended more time than what was allocated by the agreement. Nevertheless the invoice is
for services as per the agreement not to exceed $25,000.00 plus expenses.
We are thankful for the opportunity and the privilege to serve you in this matter. Personally, it was a pleasure to
work under your excellent leadership, which helped to expedite the project.
Very truly yours,
Crain <Engineen~ng Company, Inc.
EXHIBIT" A"
G:\2004 - A - JOBS\A04037 - City of Boynton Bch\Proposal\BoyntonBch-HUD invoice l-14-05.doc
Page 1 of 1
.
Crain ~ngineering Company, Inc.
. 3606 Park Central Blvd. North, Suite 3635
Pompano Beach, FL 33064
Tel: 954-917-0411 Fax: 954-917-0415
cralneng@bellsouth.net
INVOICE
DATE INVOICE #
1/6/2005 05-003
I BILL TO
City of Boynton Beach
Timothy K. Large, C.B.O.
Building Code Administration/Division
100 Boynton Beach Blvd.
Boynton Beach, FL. 33425 ACCOUNT #
A04037.1
PROJECT
A04037.1 - Initial Inspection/Phase I (H)
DATE ITEM DESCRIPTION QTY RATE AMOUNT
12/1/2004 EngJArch... C. Cepeda - Preparation of 8 0.00
Preliminary Report of site visit
12/2/2004 Professio... A. Orbegozo - Review draft report 3 150.00 450.00
12/2/2004 EngJArch... C. Cepeda - Preparation of 8 0.00
Preliminary Report of site visit
12/3/2004 Prof. Eng.... A. Orbegozo - Meeting wfTim Large, 4 0.00
City of Boynton Beach
12/3/2004 EngJArch... C. Cepeda - Preparation of 8 0.00
Preliminary Report of site visit
12/3/2004 Support E.Smith - Report Preparation 2 0.00
12/6/2004 EngJArch... C. Cepeda - Preparation of 8.5 0.00
Preliminary Report of site visit
12/6/2004 Support E.Smith - Report Preparation 5 0.00
12/7/2004 EngJArch... C. Cepeda - Preparation of 8.5 0.00
Preliminary Report of site visit
12/7/2004 Professio... A, Orbegozo - Review report status 2 150.00 300.00
12/8/2004 EngJArch... C. Cepeda - Preparation of 8.5 0.00
Preliminary Report of site visit
12/8/2004 Support E.Smith - Report Preparation 4 0.00
12/9/2004 Prof. Eng.... A. Orbegozo - Edit report 4 0.00
12/9/2004 EngJArch... C. Cepeda - Preparation of 4.5 0.00
Preliminary Report of site visit
12/9/2004 Support E.Smith - Investigation of structural 3 0.00
components
12/9/2004 Support E.Smith - Report Preparation 4 0.00
12/9/2004 EngJArch... Atlantis Engr. - Structural inspection 4 100.00 400.00
This invoice is due upon receipt. Thank you. Total
Page 1 Balance Due
EXHIBIT "A"
.- ~
-
Crain I;ngineering Company, Inc.
3606 Park Central Blvd. North, Suite 3635
Pompano Beach, FL 33064
Tel: 954-917-0411 Fax: 954-917-0415
craineng@bellsouth.net
INVOICE
DATE INVOICE #
1/6/2005 05-003
IBILL TO
City of Boynton Beach
Timothy K. Large, C.B.O.
Building Code Administration/Division
100 Boynton Beach Blvd.
Boynton Beach, FL. 33425 ACCOUNT #
A04037.1
PROJECT
A04037.1 - Initial Inspection/Phase I (H)
DATE ITEM DESCRIPTION QTY RATE AMOUNT
12/9/2004 Travel Atlantis Engr. - Travel to site for 36 0.00
inspection - rd. trip, 36 miles
12/10/2004 Eng./Arch... C. Cepeda - Preparation of 4.5 0.00
preliminary report of site visit
12/10/2004 Support E.Smith - Report Preparation 7 0.00
12/13/2004 Support E.Smith - Report Preparation 11 0.00
12/13/2004 Eng. Tech C. Cepeda - Prepare report for site 9 0.00
investigation at Boynton Terrace Apts.
12/14/2004 Eng. Tech C. Cepeda - Prepare report for site 9 0.00
investigation at Boynton Terrace Apts.
12/14/2004 Eng./Arch... Atlantis Engr. - Preparation of 34.5 100.00 3,450.00
Preliminary Report - from 11//9/04
thru 12/14/04
12/14/2004 Prof. Eng.... A. Orbegozo - Write executive 6 0.00
summary and edit report
12/15/2004 Prof. Eng.... A. Orbegozo - Review and edit report 4 0.00
12/15/2004 Support E.Smith - Report preparation 2 0.00
12/15/2004 Eng. Tech C. Cepeda - Prepare report for site 6 0.00
investigation at Boynton Terrace Apts.
12/16/2004 Professio.., A. Orbegozo - Review and edit report 2 0.00
12/16/2004 Eng. Tech C. Cepeda - Make copies of master 8 0.00
report for site investigation at Boynton
Terrace Apts. for submittal of
Preliminary Report to Tim Large (City
of Boynton Bch)
This invoice is due upon receipt. Thank you. Total
Page 2 Balance Due
).
..
Crain Engineering Company, Inc.
. 3600 Park Central Blvd. North, Suite 3635
Pompano Beach, FL 33064
Tel: 954-917-0411 Fax: 954-917-0415
craineng@bellsouth.net
INVOICE
DATE INVOICE #
1/6/2005 05-003
I BILL TO
City of Boynton Beach
Timothy K. Large, C.B.O.
Building Code Administration/Division
100 Boynton Beach Blvd.
Boynton Beach, FL. 33425 ACCOUNT #
A04037.1
PROJECT
A04037.1 - Initial Inspection/Phase I (H)
DATE ITEM DESCRIPTION QTY RATE AMOUNT
12/16/2004 Travel C. Cepeda - Round trip travel to 60 0.00
Office Depot twice to make 5 sets of
the Preliminary Report and roundtrip
travel to City of Boynton Beach to
deliver it. Total mileage 60 miles
This invoice is due upon receipt. Thank you. Total $4,600.00
Page 3 Balance Due $4,600.00
\
.' .. ...
~ " ~IT"
Cr.ain Engineering Company, Inc.
3600 Park Central Blvd. North, Suite 3635
Pompano Beach, FL 33064
Tel: 954-917-0411 Fax: 954-917-0415
craineng@bellsouth.net
INVOICE
DATE INVOICE #
1/6/2005 05-004
I BILL TO
City of Boynton Beach
Timothy K. Large, C.B.O.
Building Code Administration/Division
100 Boynton Beach Blvd.
Boynton Beach, FL. 33425 ACCOUNT #
A04037
PROJECT
A04037.3 - Additional Service Items (H)
DATE ITEM DESCRIPTION QTY RATE AMOUNT
12/15/2004 Outside P... Outside printing of reports, etc. from 597.73 597.73
Office Depot
12/22/2004 Outside P... Outside printing of reports, etc. from 1,247.71 1,247.71
Office Depot
This invoice is due upon receipt. Thank you. Total $1,845.44
Balance Due $1,845.44
EXHIBIT "B"
.
,; ,;-.
. Crain Engineering Company, Inc.
'3600 Park Central Blvd. North, Suite 3635
Pompano Beach, FL 33064
Tel: 954-917-0411 Fax: 954-917-0415
cralneng@bellsouth.net
INVOICE
DATE INVOICE #
1/6/2005 05-005
IBILL TO
City of Boynton Beach
Timothy K. Large, C.B.O.
Building Code Administration/Division
100 Boynton Beach Blvd.
Boynton Beach, FL. 33425 ACCOUNT #
A04037.2
PROJECT
A04037.2 - Cost Eval/Renovation/Phase II
DATE ITEM DESCRIPTION QTY RATE AMOUNT
12/15/2004 Eng.lArch... Atlantis Engr. - Preparation of cost 13 100.00 1,300.00
estimate for repairs
12/15/2004 Professio... AI Capellini - Review, finalize reports 15 150.00 2,250.00
12/15/2004 Eng.lArch... C. Cepeda - Research cost estimates 4 100.00 400.00
for repair of damage to apartments
and houses at Boynton Terrace
Apartments
12/17/2004 Prof. Eng.... A. Orbegozo - Edit and review report 2 150.00 300.00
12/17/2004 Eng.lArch... C. Cepeda - Prepare cost estimates 6 100.00 600.00
for report at Boynton Terrace Apts.
12/20/2004 Support E. Smith - Finalize report 3 45.00 135.00
12/20/2004 Eng.lArch... C. Cepeda - Prepare cost estimates 10 100.00 1,000.00
for report at Boynton Terrace Apts.
12/20/2004 Prof. Eng.... A. Orbegozo - Edit and review final 6 150.00 900.00
Report
12/21/2004 Support E. Smith - Finalize report 4 45.00 180.00
12/21/2004 Eng.lArch... C. Cepeda - Prepare cost estimates 9 0.00
for report at Boynton Terrace Apts.
12/21/2004 Prof. Eng.... A. Orbegozo - Edit & review final 5 0.00
report
12/22/2004 Eng.lArch... C. Cepeda - Prepare cost estimates 9 0.00
for report at Boynton Terrace Apts.
12/22/2004 Support E. Smith - Finalize report 6 0.00
12/22/2004 Prof. Eng.... A. Orbegozo - Edit & review final 5 0.00
report
Total
Page 1 Balance Due
EXHIBIT "C"
. .
t ~j.,
. Crain Engineering Company, Inc.
~600 Park Central Blvd. North, Suite 3635
Pompano Beach, FL 33064
Tel: 954-917-0411 Fax: 954-917-0415
craineng@bellsouth.net
INVOICE
DATE INVOICE #
1/6/2005 05-005
I BILL TO
City of Boynton Beach
Timothy K. Large, C.B.a.
Building Code Administration/Division
100 Boynton Beach Blvd.
Boynton Beach, FL. 33425 ACCOUNT #
A04037.2
PROJECT
A04037.2 - Cost Eval/Renovation/Phase II
DATE ITEM DESCRIPTION QTY RATE AMOUNT
12/23/2004 Eng.lArch... C. Cepeda - Preparation of final 2 0.00
report and inserting new documents
and changes.
12/23/2004 Support E. Smith - Report finalized and 2 0.00
delivered
12/23/2004 Travel E. Smith - Roundtrip travel - 60 miles 60 0.00
Total $7,065.00
Page 2 Balance Due $7,065.00
EXHIBIT "D"
Ctuin t.Engineeri'IIIJ Comp4ny, Inc.
C0N8C1LTINQ ENGINU1f8 ANlJ ARCHIrBCTS
8&4i1Onu IlIIi1b1J1W 19'4
Me 1DH6S
Ootober 18,2004
Timothy K Large, C.B.O.
City of Boynton Beach
Building Code Administration
Development/Building Division
100 Boynton Beach Blvd.
Boynton Beach; FL 333425
VIA US MAIL & FACSIMILE: 561 742-6357
.i
RE: Professional Engineering and Archltec1ural Services
Boynton Terrace Apartments - (BUD Hooing )
Dear Mr. Large:
Thank you for contacting Crain Engineering Company. Inc., it is our pleasure to offer this contract
concerning your need for Professional Engineering and Architectural Services. The following soope of
work is anticipated concerning the remedial measures. Additional phases of service may include
preparation of Specifications, Bid Administration and Construotion Observations.
Phase I -Initial Inspection
An inspection will be undertaken of a representative sampling of the buildings areas referenced
above. The pwpose of the inspection is to assess the existing conditions to assist in the
preparation of the. scope of work for renovation/remedial speoifioations. The Building
Department shall provide documents for review of the building oomponents, if available.
Feefor above Scope a/Work:
Hourly as per schedule be/ow
Not to exceed 80 man-hours
plus expenses.
Phase n - Project Cost Evaluation tor RemediallRenovatlon Work
Cost evaluation for the remediation/renovation of all items identified in Phase 1 and. further
developed in Phase II.
HOD PARK CENTRAL IJOUUVARD NORTH. SWTI! JU5,
POMPANO .EACH. FLORIDA UDtU-D4I
Tl!L: 9!4-11T-Of11 1:"00-149-14411 FAX: 'f4-'17-tUf6
600 RFtH AV!NUI! SOUTH. 'urn 201,
NAPLSS, FLORJDA $4102-6'25
TIlL: 239-#)3-303' 1..,oo.741J.311T FAX: 231-163-7311
CRAtNBNO@J.ll~'.J JlOtlTH.N.ET
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City of Boynton Beach -
Boynton Terrace Apartments
10/18/2004
Page 2 of2
Fee for above Scope of Wor":
Hourly as per schedule below
Not to exceed negotiated sum
plus expenses.
Phase III .. Speciftcations (if requested)
The Specifications include contract documents and bid information for the
remediationlrenovation items. The technioal speoifications address the scope of work of the
repair, the type materials for the repair. and the general installation of these materials.
Fee/or above Scope of Work:
Fixed Fee to be Determined
Phase IV - Bid Review (if reqnested)
The bid revl~ phase of work includes specifications issued to a minimum of three (3)
qualified contractors. We will conduct a pre-bid conference at the site. and meet with the City
to review the reoeived bids.
Fee /01' above Scope o/Work:
Phase V - Construction ObservatioDs (if requested)
Fixed Fse to be Determined
The Co.nStruction Observations phase of work includes in- progress inspections to ensure that
the contractor is performing the work in accordance with the Specifications. We are available
to review the contractors pay requests and assist the City with administration of the contract.
As the Scope of Work and successful contractor arc not known at present, we are unable to
provide a fixed fee for Constmction Observations.
Fee/or above Scope of Work:
Hourly as per schedule below
plus expenses.
The fee for Phases I " I1.haIl not exeeed 525,000.00. Any addltionalaervices beyond the Phase
1& n Scope of Work outlined above wID be eharged at the following rates:
Principals.... .............. ....... ......... ............. ......... .................. ................... $165.00 per hour
Registered Engineers and Arohiteots................................................... $150.00 per hour
Senior EngineerIng Technicians ....................".................................... $125,00 per hour
Engineering Technicians ........................................,. ......................... .$1 00,00 per hour
CAD Draftsperson .................................................... ........................... $ 75.00 per hour
Support Personnel ...,.....................,...................................................... $ 45.00 per hour
For statrs time in deposition testimony or
In court (lfncccssary) ........................................................................., $200.00 per hour
Out"Of.pocket expenses and pass-through costs, cost plus 1 0%
Portal to portal mileage @ $.40/per m.ile.
0:\2004 . PROPOSALS\Proposale . Specific &: Mllc\BoyoCOnBCloh-HUD Houtl"..doc
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City of Boynton Beach -
Boynton Terrace Apartments
10/18/2004
Page 3 of3
These terms and rates expire after one year from the date of signature of acceptance.
If you ooncur with this contract, please sign one copy of this Agreement and return it to our office. The
work will commenee within fifteen (15) days after receipt of the executed contract. Invoices will
be issued twice monthly and payment is due upon receipt of invoices. If at any time payments are not
received within ten (10) days of receipt of the invoice, Crain Engineering has the option of ceasing all
further work, retaining any doouments until such payment is made and charging not more than the
maximum interest rate allowed by Florida Law on the uncollected amount.
Should any dispute or litigation or third party collection efforts arise out of the terms of this
Agreement, each party shall bear its own attorney's fees and costs.
This agreement may be terminated by the City of Boynton Beach or Crain Engineering Company, Inc.
S days after receipt, by the other party, of written notice of intent to terminate by oertified mail.
This document is a contract, which if not executed and returned to Crain Engineering Company, Inc.
on or before Odober 30, 2004J shall be void.
We would sincerely appreciate the opportunity to work with you. If you have any questions or
comments, please do not hesitate to call.
Respectfully submitted,
end", iBfl8ineerinIJ Company, lnc.
~
J\lfred E. Orbegozo. AIA
Vice President
A.ccepted by: City of Boynton Beach, City Manager
~,
Signature
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, FL
Print Name
Date:
Ob\- It o.Ojvf
Telephone No.:
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VI.-CONSENT AGENDA
ITEM 8.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
~ April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing ~ Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
Ratify previous emergency action taken by the City Manager to approve the attached contract as written for the amount not to
exceed $25,000 from Kathryn L. Pascale, CHMM, Inc. for professional inspection services rendered at the Boynton Terrace
Apartment complex.
EXPLANATION:
The Building Division conducted the first assessment inspection of Boynton Terrace Apartments on September 13, 2004,
following the events of Hurricane Francis. Through further inspections it was determined that much of the damage was due to
pre-existing conditions. In keeping with the requirements of Florida Statute 287.017, the Building Division requested that the
City Manager deem the situation a public emergency and contract with the appropriate professional services to rectify the
conditions as quickly as possible. This contract was to be presented to the City Commission for ratification at the November
3,2004 Commission meeting, but was an oversight.
PROGRAM IMPACT: None
FISCAL IMPACT: $25,00~n fiscal year 2004/2005. (Acct # 691-0000-247-04-43)
~ P*~cJ. ~
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ALTERNATIVES: ~d
Quintus L. GtIeet?e, Dir tor of Development
Development Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
. .
Kathryn L. Pascale CHMM, Ine.
1605 SW 17th Ave.
Ft. Lauderdale, FL 33312
Office (954) 524-3910
FAX (954) 522-8927
knascale<iUbellsouth.net
chmminc.com
Mr. Timothy Large
City of Boynton Beach
Community Improvement Division
100 E Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425
October 15,2004
Re: Bovnton Terrace Apartments
Dear Mr. Large,
Attached are the original signed contracts and scope of work for the mold inspections of
Boynton Terrace Apartments. Due to the large scope of this project, we'd appreciate as
much notice as possible as to the start date. At least a week ahead will allow us to line up
the additional inspectors that we will need.
Kathryn L. P cale, PreSIdent
Kathryn L. Pascale, CHMM Inc.
EXHIBIT "A"
-po -..
~l" v U'(.Ul~lVl.E.NTAL SERVICE AGREEMENT
. .
This Environmental Service Agreement ("Agreement") is made October 12. 2004. "Effective Date"), by and
between the custom~r named below and Kathryn L. Pascale, CHMM, INC. ("CHMM").
In consideration of the mutual promises, representations, warranties, covenants and agreements contained
herein the parties agree as follows:
1. Services. Customer requests CHMM to provide the services ("Services") identified below:
Scope of Work:
for the Boynton Terrace Apartments, consisting of 16 buildings with 89 units is as follows;
I) Visible inspection of each unit
2) Surface samples of visible mold and water stained areas
3) Moisture mapping of each unit
4) Interstitial wall samples from high moisture walls not already sampled in number I
5) Air samples in each intact unit (e.g.; air samples cannot be taken in units wlo roof, doors or windows)
6) Laboratory analysis of samples
1) Written report
The total cost of this work is not to exceed $25,000.
2. Acknowledgments.
a. Services Completion. Customer acknowledges, understands and agrees that all laboratory
analytics take a minimum of three business days unless Customer selects rush service. CHMM will use
commercially reasonable efforts to make the Analysis Report (the "Report") available to Customer after 8:00
p.m. on the third business day following the date of inspection. CHMM will use commercially reasonable
efforts to make rush samples and reports available to Customer after 8:00 p.m. on the day after the inspection.
CHMM shall not be liable for any delays in making the reports and/or samples available to Customer.
b. Report Limitations. Customer acknowledges, understands and agrees that (i) the results of any
analysis presented in the Report represent conditions only at the specific time and location of the sampling; (ii)
the findings in the report are not to be relied upon as representing conditions at any other location or time, and
do not imply that the property is free of these or other contaminants; (in) the Report is intended to assess the
sampled area to determine the presence of substances or conditions specified in the Service Order; and (iv)
although this type of analysis is a valuable tool, Customer should not use or rely upon it solely to determine
health risk or occupant exposure to such agents (if any), and (v) microbiological growth could reoccur if the
source of moisture is not remediated.
c. Reports. Preparation and delivery of one Report is included as part of the Services. CHMM
will provide Customer additional copies of the Report at a charge of $15 per copy. If a greater degree of
certainty with respect to the findings is desired, supplemental assessment can be performed at additional charge
to confum the opinions and conclusions to be presented therein. [LegallmpUcations of these findings must
be 'evaluated by Customer's legal consultant to determine if there are regulatory reporting or action
requirements associated with the findings to be presented. CHMM assumes no liability for existing
conditions on the Property, or any area for which this investigation was not intended to cover, or for any
consequential effects which may result from CHMM services.
EXHIBIT "A"
.
\ upon receipt of written authorization from Customer and receipt of $15 per copy, CHMM will
. provide a copy of the Report and written authorization to the individual identified in Customer's written
authorization. The written authorization shall be in the form attached hereto.
3. Deposits; Payments. Customer must pay CHMM a deposit identified in the Service Agreement for all
inspections. This deposit will be non-refundable unless Customer cancels the inspection by notifying CHMM
24 homs prior to the scheduled inspection. Customer shall pay all charges for the Services as set forth in the
Service Order. Notwithstanding anything to the contrary contained herein, all outstanding charges must be paid
prior to the CHMM's furnishing Customer the Report. Customer may.make the payments for the Services by
cash, check or draft of immediately available funds or credit cards. If payment is made by check or draft,
Customer agrees to provide Customer's credit card information to CHMM and authorizes CHMM to charge the
outstanding amount owed for the Services plus a $50 handling fee in the event Customer's check or draft is
returned for insufficient funds or no account. Any amounts not paid when due shall be assessed interest at a
monthly rate equal to one and one half percent (1.5%) or the maximum rate allowed by law, whichever is less,
from the date the payment was due. No refunds will be granted after services are rendered.
4. Representations and Warranties. CHMM represents and warrants to Customer that the Services will
be provided fu a professional and competent manner. If CHMM breaches this representation and warranty,
Customer agrees that its sole and exclusive remedy and CHMM's sole and exclusive obligation shall be to re-
perform the defective Service at CHMM's cost.
5. Limitation of Liability.
a. Limitation on Types of Damages. CHMM shall not be liable to customer for any
consequential, incidental, punitive, special, exemplary or indirect damages.
b. Limitation on Amount of Damages. To the fullest extent permitted by applicable law, and for
additional consideration of $10.00, the receipt and sufficiency of which is hereby acknowledged, Customer
agrees that CHMM's liability to customer or any third party due to CHMM's breach of contract or negligent
professional acts, errors or omissions will be limited to the lesser of (i) actual direct damages, or (ii) amounts
actually paid to CHMM by Customer in connection with the contested service.
c. Insurance. CHMM maintains comprehensive general liability and automobile liability
insurance. Certificates of insurance can be supplied which evidence such coverage. CHMM: will not be liable
or responsible for any loss, damage or liability beyond the amounts, limits, coverage, or conditions of such
insurance specified above.
6. Third Party Beneficiaries. lbis Agreement is to provide consulting services set forth. in the Service
Order for the sole benefit and exclusive use of the Customer and shall not be deemed to create any rights in
third parties or to create any obligations of a party to third parties, or to give any right to either party to enforce
this Agreement on behalf of third parties. The use of and reliance on this Report by any other person or entities
is not authorized without an agreement between the user, the Customer and CHMM.
7. Miscellaneous.
a. Facsimiles. This Agreement may be executed in counterparts, each of which will be deemed an
original document, but all of which will constitute' a single document. A facsimile counterpart shall constitute
an original of this Agreement.
..-
.. O. Assignment. Neither party may assign this Agreement without the express written consent of
the other party.
c. Waiver. No waiver or discharge hereof shall be valid unless in writing and signed by the party
against whom such waiver or discharge is sought to be enforced. A delay or omission by either party to
exercise any right or power under this Agreement shall not be construed to be a waiver thereof. A waiver by
either party of any of the covenants or obligations to be performed by the other party or any breach thereof shall
. not be construed to be a waiver of any succeeding breach thereof or of any other covenants or obligations.
d. Amendment. This Agreement may not be amended, modified or altered in any way except by a
written instrument signed by both parties.
e. Prevailing Party. The parties agree that, in the event of any dispute concerning this Agreement,
the prevailing party shall receive, and the non-prevailing party shall pay, the prevailing party's reasonable
attorney's fees.
IN WITNESS WHEREOF, the parties have signed this Agreement on the Effective Date.
KA THYRN L. P CALE, CHMM, INC.
Customer Signature ~
Print Customer Name
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, Fl
~~
Kathryn L. Pascale CHMM, Inc.
1605 SW 17th Ave.
Ft. Lauderdale, FL 33312
Office (954) 524-3910
FAX (954) 522-8927
lmascal~beIIsouth.net
chmminc.com
Mr. Timothy Large
City of Boynton Beach
Community Improvement Division
100 E Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425
October 12, 2004
Re: Sco~e of Work & Contract for Bovnton Terrace Apartments
Dear Mr. Large,
The scope of work for the Boynton Terrace Apartments, consisting of 16 buildings with
89 units is as follows;
1) Visible inspection of each unit
2) Surface samples of visible mold and water stained areas
3) Moisture mapping of each unit
4) Interstitial wall samples from high moisture walls not already sampled in nwnber 1
5) Air samples in each intact unit (e.g.; air samples cannot be taken in units wlo roof, doors or windows)
6) Laboratory analysis of samples
7) Written report
The total cost of this work is not to exceed $25,000.
EXHIBIT "B"
Kathryn Pascale C.H.M.M. Inc.
1605 SW17th Avenue !
Ft.Lauderdale,FL 33312 r
954- 524-3910
Invoice
11/9/04 thru 11/12/04 and 11/15/04 mycological SamPling., analysis an! reports
for Boynton Terrace Apts at 700 and 701 North Seacrest Blvd, 721 NW nd
Street, 711 NW 2nd Street, 230 Nw 7th Avenue, 220 NW 7th Avenue, a d 210
NW 7th Avenue Boynton Beach FI 33425 !
i
i
1 16,985.00
16,985.00
EXHIBIT "C"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
~ April 5, 2005
D April 19, 2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
D June 7, 2005
D June21,2005
D July 5, 2005
D July 19,2005
May 16, 2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
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May 2, 2005 (Noon)
July 5, 2005 (Noon)
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NATURE OF
AGENDA ITEM
D
~
D
D
D
D
Administrative
Consent Agenda
Public Hearing
Bids
Announcement
City Manager's Report
D
D
D
D
D
Development Plans
New Business
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, C)
Legal
Unfinished Business
Presentation
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RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Troy &
Theresa Rushton for the property at 1033 Wilkinson Rd, Lake Worth, FL (Hypoluxo Ridge ADD NO 1 LT 27).
EXPLANATION:
The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project
area. Only potable water is available for connection to the property at this time due to recent water main improve-
ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map)
PROGRAM IMPACT:
A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No
additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
~
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City Manager's Signature
Ul. r. f,u
Department Name
City Attorney I Finance I Human Resources
XC: Peter Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
24
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND TROY AND
9 THERESA RUSHTON; PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 ater and sewer service area, located at 1033 Wilkinson Road, Lake Worth, Florida
15 Hypoluxo Ridge ADD No.1, Lot 27); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 ocated in the San CastlelRidge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 icinity, allowing for the service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 roperty.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 eing true and correct and are hereby made a specific part of this Resolution upon adoption
26 ereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and Troy
29 nd Theresa Rushton, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
:\CA\RESO\Agreements\Water Service\Rushton Water Service Agreement.doc
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PASSED AND ADOPTED this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ttest:
ity Clerk
:\CA \RESO\Agreements\Water Service\Rushton Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
..
3099 East Cornmerclal Blvd.
Suite 200
Ft. Lauderdale. Fl 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of ,20_. by
and between-r"D~ Cti1.ti.. Therej(,( /?vJhtDrV hereinafter called
the "Customer", and t e CITY OF BOYNTON BEACH, a municipal corporation of the
State of Florida, hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of
the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida
provide water service to the property owned by Customer; and
WHEREAS, the City of Boynton beach has the ability to provide water service to
Customer's property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of
water services outside of its jurisdictional limits on annexation of the property to be
serviced into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water
service from the Municipal Water System and the mutual covenants expressed herein,
the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree
as follows:
1. The City agrees to provide Customer with water service from its Municipal
Water System to service the real property described as follows and which Customer
represents is owned by Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are I. tf Equivalent
Residential Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material,
labor, installation and inspection of the facilities as required by the City of Boynton
Beach Code of Ordinances or Land Development regulations to provide service to the
Customer's premises. The Customer shall be responsible for installation in
conformance with all codes, rules and regulations applicable to the installation and
maintenance of water service lines upon the Customer's premises. All such lines shall
be approved by the Director of Utilities and subject to inspection by the City Engineers.
The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of
the Customer, in which case the Customer will pay in advance all estimated costs
thereof. In the event the City has such work performed, the Customer will also advance
such additional funds as may be necessary to pay the total actual costs incurred by the
City.
4. Any water main extension made pursuant to this Agreement shall be used
only by the Customer, unless written consent is granted by the City of Boynton Beach
for other parties to connect. All connections shall be made in accordance with the
Codes and regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities extended from the City
Water Distribution System to and including the metered service to Customer shall be
vested in the City exclusively unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees to pay all charges, deposits and rates for service and
equipment in connection with water service outside the City limits applicable under City
Ordinances and rate schedules which are applicable which may be changed from time
to time.
7. Any rights-of-way or easements necessary to accommodate the
connections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City
an Irrevocable Special Power of Attorney granting to the City the power and authority to
execute and advance on behalf of the Customer a voluntary petition for annexation.
Customer covenants that it shall cooperate with the City and not raise opposition or
challenge to such annexation if and when annexation is initiated. The property shall be
subject to annexation at the option of the City at any time the property is eligible under
any available means or method for annexation. Customer will inform any and all
assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall
not constitute a defense or bar to the City's rights as set forth herein. The Customer
acknowledges that the consideration of initially connecting to the City's water suppfy is
sufficient to support the grant of the power of attomey any subsequent disconnection or
lack of service shall in no way impair the power of attorney nor constitute a diminution
or lack of consideration.
9. The Customer acknowledges that this covenant regarding annexation is
intended to be and is hereby made a covenant running with the land described in
paragraph 1 above. This Agreement and the power of attorney referenced herein is to
be recorded in the Public Records of Palm Beach County, Florida, and the Customer
and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding
on the Customer and all successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a
reduction, impairment or termination in water service to be provided under this
Agreement due to any prohibitions, restrictions, limitations or requirements of local,
regional, State or Federal agencies or other agencies having jurisdiction' over such
matters. Also, the City shall have no liability in the event there is a reduction,
impairment or termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond
the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the
City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers,
employees and agents (Both in their individual and official capacities) from and against
all claims, damages, law suits and expenses including reasonable attorneys fees
(whether or not incurred on appeal or in connection with post judgment collection) and
costs rising out of or resulting from the Customer's obligation under or performance
pursuant to this Agreement.
12. No additional agreements or representations shall be binding on any of
the parties hereto unless incorporated in this Agreement. No modifications or change
in this Agreement shall be valid upon the parties unless in writing executed by the
parties to be bound thereby.
j'i:fA IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
rp day of Feb.v ,20~
I
WITNESS: INDIVIDUA~(S):
~ -
Owner Signa.!U'.. ~
----' ~ /'
- '/ A- ~~I ""'
Printed ner Name
-'\ . '\ S='
, -~<(A'""--. Lv, '---__.__ .
Witness Signature
I j~"-
.- o. t'\J. t:.. L/,,;. Y'7 /
Printed Witness Name /
e () 6
Printed Witness Name
[k"\ ,"'
I . \
'-' . {,'t.../I-.-'t...-(l.." Lei.
.
Witness Signature
J:xa.n /(Q_ W _ {;(.;, hj
Printed Witness Name
~
)f ~/lI /0
~~~a-t... ~t<l;j~
Owner Signature
'-rII&:-te.t=-.s.A-'~ U.J' /I /d /V
Printed Owner Name
~
C_~
J
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and i'1 the County afore~aid to take acknowledgments, personally
appeared T Y 0,/ a r.cJ... The'( e s,-, 12 IA S h to tJ to me known
to be the person( s) described in and who executed the foregoing instrument that
he/she acknowledged before me that he/she executed the same; that the individual was
personallY ~nown. to me or provided the followinQ proof of identification:
Fltt , d' '11/t'r.J l,e t"itIJ'('..r ,
~.IA WITNESS my hand and official seal in the County and State last aforesaid this
16'11' day of Fp I;{ fj tH'Y- , 2005
(Notary Seal) ~~~_"..t
.... c:oWNa I I l J I Notary Public
({I) ColMlI..,__ i
. . EIlIlINI WtJ2GCII :
~ o,l\.~ Iloncled lhru (llOO)432-42~~
WITNESS: ","""'~ Florida Notary Assn. Inc :
. ".~"". ~""I""'.'c~.a'c'.e''''''''''''f;~',o;.,~
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared , Mayor and ,
City Clerk respectively, of the City named in the foregoing agreement and that they
severally acknowledged executing same in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in them by said City and that the City
seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of
said City.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 200_.
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
JACllms
900182
12/12/95.rev
WATERSRV.1
Legal Description Approved:
THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach
I/We, Trov Rushton and Theresa Rushton, hereinafter "Grantee", hereby make,
constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful
attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
00-43-45-09-04-000-0270
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 16th day of
February
Grantee.
, 2005
and the powers and authority shall be irrevocable by
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of Fe.brua. 1"1 ' in the year two thousand and f, ~ .
._ Sealed and delivered in the presence oc~
-~~h~
/.W WiittneS. signature ' . wnerSignature ~
~){ Z
~~~fJ~fIP~. p!--V;VO '---7~ e'iS ?~~
PrinTed itness Name Printed OWner Name
l) "
M-d:../"'-..K-- 0,- (;,3.
Witness Signature
/6ftt
c",
C---~<::
)
..(~o '\ . .) ,/"I ~"'--) Cel, \ rJ () .
\ 1><:..0(./- (I ~<... (;:: r .
Printed Witness Name d
)~~a.A ~~A~
Owner Signature
'fA e1"e..( rI- \~ It-i11 io..J
Printed Owner Name
Q
c
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
FIt?.. dn'vtf'r II {'e",SeJ
THE FOREGOING INSTRUMENT was acknowledged before me this / r:, ~day
Fehn.c. (,( r,V J 20~ by Tr or c~1>\d. The r~.r~t R. LtJh+o rJ and
, who are known to me or who have produced
J as identification and who did/did not take an oath.
. ~avc ~-J
NOTARY PUBLIC ^ J C -fVJ
S(/[,II-~ aLLI .
Type or Print Name
Commission No.
of
If I -...AN1ll1 I U 1.:_..1
'.' ==--
:, . ..... fNl.2OOI .
~ ~~Oft~~ Iloncledlhnl(800)432"'2S4~
My C . .i.,.' .~...~: ' E.loI:ida Ncta'Y Assn Ine :
omml;;:o;;:ot6,'r 'E!!'~lf4!Jtii"""", ......;.....;
POA.IND
80
0390
0400
0410
0420
0430
0440
..
1 in. = 110.0 feet
0320
0290
0220
0230
0240
0250
0280
0210
0200 0190
0180
0170
0160
0140
0150
0080
0091 0100
0110
0120
0130
0070
0060 0050
0040
0030
0020
0010
3270 3290 3310 3321 3331 35 3360 3380
0250
Location Map - Exhibit "A"
Palm Beach County Property Appraiser Property Search System
Page 1 of2
_Yfu'~~!Fr~l;' ~~9'\ Properl Appraiser's PlbllC A,:ce~s S.stern
~!: !~ ~~~~.~~ ~~:,,~4,_ ~: .... ,--. ~.
"'i!.j pf, "tj." ..... r - _. -_ . .
o ~ Aj 1:\~:
~~(H.,Uld~I_Jigl h,l;, ,; j I
Property Information
Location Address: 1033 WILKINSON RD
~..J
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-04-000-0270
Subdivision: HYPOLUXO RIDGE ADD 11N
Official Records Book: 08761 Page: 0016 Sale Date: May-1995
LegalPescription: HYPOLUXO RIDGE ADD NO 1 LT 27
Owner Information
Name: RUSHTON TROY a. THERESA V
~._--",,,,,,,,l
Mailing Address: 1033 WILKINSON RD
LAKE WORTH FL 33462 5959
Sales Information
Sales Date Book/Page
Price Salg Type
Owner
~.<(~.",I
May-1995 0876110016
Nov-1986 05080/0133
Nov-1985 04700L1906
$72,000 WARRANTY DEED
$100 QUIT CLAIM
$65,000 WARRANTY DEED
Exemptions
Regular Homestead $25,000
Total: $25,000
Year of Exemption: 2005
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
2002
7377
1500
8877
Description: RESIDENTIAL
Tax Year 2004
Number of Units: 1
*Total Square Feet: 2093
* in residential propertie8 may indialte living ar_.
A
d
dT
bl V I
sse sse an axa e a ues
Tax Year: 2,004 20Q3 200~
Assessed Value: $74.76 73,36 71.64 I~
Exemption Amount: $25.00 25,00 25.00
Taxable Value: $49.76 ~8.36 ~6.64
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
~
~~--;J ~-.,;I I,~",~",.,,",l
NOTE: Lower the top and bottom margina to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office LocatiQQs
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043450904000... 2/23/2005
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date final form Must be Turned
Meeting Dates in to Citv Clerk's Office
Requested City Commission
Meeting Dates
Date final forrn Must be Turned
in to City Clerk's Office
[ZJ April 5, 2005
D April 19, 2005
D May 3, 2005
D May 17,2005
D June 7, 2005
D June 21,2005
D
D
March 14,2005 (Noon.)
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
July 5, 2005 June 20,2005 (Noon)
July 19,2005 July 5, 2005 (Noon)
)
D Development Plans f
-..,.I
D New Business
D Legal
D Unfinished Business c..,
D c,
Presentation (,)1
May 2,2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[ZJ Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
.)
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:.r:
RECOMMENDATION:
Motion to approve and authorize signing of the water service agreement for the Southeastern Conference
Association of Seventh Day Adventists, Incorporated, located at the northeast quadrant of Military Trail
and Ridgewood Road. (PCN 00-42-46-0100-000-7010)
EXPLANATION:
The subject property of approximately 2.6 acres in size is intended for the development of a church
sanctuary, fellowship hall, and caretaker's quarters. Construction will be phased, with the fellowship hall
being the first building to be constructed.
PROGRAM IMPACT:
The maximum anticipated demand from the built-out facility is estimated at 3500 gallons per day of
water and wastewater, or approximately 10 equivalent residential connections.
FISCAL IMPACT:
None. All costs for utilities extensions will be borne by the applicant
AL TERNA TIVES:
None. The property is located within the City's utilities service area.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST fORM.DOC
ft/
cr
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~~~
Department Head's .
d2~~~
City Manager's Signature
UTILITIES
Department Name
City Attorney / Finance / Human Resources
Xc: Peter Mazzella (w/copy of attachments)
Michael Rumpf, Planning & Zoning
City Attorney
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND SOUTHEASTERN
9 CONFERENCE ASSOCIATION OF SEVENTH DAY
10 ADVENTISTS, INCORPORATED; PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, the subject property is located outside of the City limits, but within our
15 and sewer service area, located at the northeast quadrant of Military Trail and
16 . dgewood Road; and
17 WHEREAS, the parcel covered by this agreement will include a church sanctuary,
18 ellowship hall, and caretaker's quarters; and
19 WHEREAS, all costs for utilities extensions will be borne by the applicant and no
20 dditional construction will be required by the City to serve this property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24
eing true and correct and are hereby made a specific part of this Resolution upon adoption
25
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 outheastem Conference Association of Seventh Day Adventists, Incorporated, which
29 greement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
31
:\CA \RESO\Agreements\Water Service\Southeastern Conference Water Service Agreernent.doc
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PASSED AND ADOPTED this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ttest:
ity Clerk
:\CA \RESO\Agreements\Water Service\Southeastern Conference Water Service Agreernent.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherat, Esquire
3099 East Commercial Blvd.
Suite 200
Ft Lauderdale. FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of , 20_, by
and between Southeastern Conference Association of Seventh Day Adventists,
Incorporated hereinafter called the "Customer", and the CITY OF BOYNTON BEACH,
a municipal corporation of the State of Florida, hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of
the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida
provide water service to the property owned by Customer; and
WHEREAS, the City of Boynton beach has the ability to provide water service to
Customer's property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of
water services outside of its jurisdictional limits on annexation of the property to be
serviced into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water
service from the Municipal Water System and the mutual covenants expressed herein,
the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree
as follows:
1. The City agrees to provide Customer with water service from its Municipal
Water System to service the real property described as follows and which Customer
represents is owned by Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are .1.iL Equivalent
Residential Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material,
labor, installation and inspection of the facilities as required by the City of Boynton
Beach Code of Ordinances or Land Development regulations to provide service to the
Customer's premises. The Customer shall be responsible for installation in
conformance with all codes, rules and regulations applicable to the installation and
maintenance of water service lines upon the Customer's premises. All such lines shall
be approved by the Director of Utilities and subject to inspection by the City Engineers.
The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of
the Customer, in which case the Customer will pay in advance all estimated costs
thereof. In the event the City has such work performed, the Customer will also advance
such additional funds as may be necessary to pay the total actual costs incurred by the
City.
4. Any water main extension made pursuant to this Agreement shall be used
only by the Customer, unless written consent is granted by the City of Boynton Beach
for other parties to connect. All connections shall be made in accordance with the
Codes and regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities extended from the City
Water Distribution System to and including the metered service to Customer shall be
vested in the City exclusively unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees to pay all charges, deposits and rates for service and
equipment in connection with water service outside the City limits applicable under City
Ordinances and rate schedules which are applicable which may be changed from time
to time.
7. Any rights-of-way or easements necessary to accommodate the
connections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City
an Irrevocable Special Power of Attorney granting to the City the power and authority to
execute and advance on behalf of the Customer a voluntary petition for annexation.
Customer covenants that it shall cooperate with the City and not raise opposition or
challenge to such annexation if and when annexation is initiated. The property shall be
subject to annexation at the option of the City at any time the property is eligible under
any available means or method for annexation. Customer will inform any and all
assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall
not constitute a defense or bar to the City's rights as set forth herein. The Customer
acknowledges that the consideration of initially connecting to the City's water supply is
sufficient to support the grant of the power of attorney any subsequent disconnection or
lack of service shall in no way impair the power of attorney nor constitute a diminution
or lack of consideration.
9. The Customer acknowledges that this covenant regarding annexation is
intended to be and is hereby made a covenant running with the land described in
paragraph 1 above. This Agreement and the power of attorney referenced herein is to
be recorded in the Public Records of Palm Beach County, Florida, and the Customer
and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding
on the Customer and all successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a
reduction, impairment or termination in water service to be provided under this
Agreement due to any prohibitions, restrictions, limitations or requirements of local,
regional, State or Federal agencies or other agencies having jurisdiction over such
matters. Also, the City shall have no liability in the event there is a reduction,
impairment or termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond
the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the
City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers,
employees and agents (both in their individual and official capacities) from and against
all claims, damages, law suits and expenses including reasonable attorneys fees
(whether or not incurred on appeal or in connection with post judgment collection) and
costs rising out of or resulting from the Customer's obligation under or performance
pursuant to this Agreement.
12. No additional agreements or representations shall be binding on any of
the parties hereto unless incorporated in this Agreement. No modifications or change
in this Agreement shall be valid upon the parties unless in writing executed by the
parties to be bound thereby.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
Z.3J't/ day of ~IJ..~ 1-i.Bt4U , 200~
vJ. L. Ti:t '-I u/t...>
Printed Presiderlt's Name
. itness Signature
J/tt 4 b, KCEIJ
p~ame
L a~
Witness Signature
C:;/LA a I 6Ul- (} /J t.J Cot:.. L~
Printed Witness Name
,(
Printed Secretary! Vice President's
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
J...AKIf- ) ss:
COUNTY OF PAtM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the Qpunty aforesai to take acknowledgments, personally
appeared fA).L. T4 k-Df/i!., f/~Gl/~erlT .t;~ .1-IoJeGL}Jru to me known
to be the person(s) described in and who executed the foregoing instrument that
he/she ackno d ed befQre me that he/she executed the same; that the individual was
r II - known to m or provided the following proof of identification:
WITNESS my hand and official seal in the County and State last aforesaid this
Z~",j day of ...):u;a.\~ ,200<1
. ~,\~~tt{>, CANc'!.;';~/. . ~ . a
~ l-.... v\ ... ...;0 J....~ ~. IJ '" .... _. _ /J _ ~_
(Notary Seal) ~ :<:J-..:~",\SSION ....-1<?~ _I. au ~ ~, tf I
~ (j . <;)'" C.f; . o~ ~--
~ ..::,s >>,,~23,.?,~ ~". ~ Notary Public
- .~ ':) ~ (('. -
::: : c.n. -=
::*: ....". :*;:
~5~. #00117641 ::<<:~
~/\ ..~ ,"> ..~;::
~ ~ .:/a." Bonaed\nt'-> ~~:.. cr..~
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'f,.,.ClC, ST~it. .,.,,,-
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WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared
Mayor and , City Clerk respectively, of the City
named in the foregoing agreement and that they severally acknowledged executing
same in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said City and that the City seal affixed thereto is the
true corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 200_.
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
JAC/lms
900182
12/12/95.rev
W A TERSRV.1
Legal Description Approved:
THIS INSTRUMENT PREPARED BY:
James A Cherof, Esquire
Josias & Goren, P.A
3099 East Commercial Blvd.
Suite 200
Ft Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF LAkE-
I/We, UJ,t .7A1JJ)ro~ L!v.cl?U;[. Ho~,.:f~. , hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
day of
20 and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 2.3 ye1
day of .:DE{!.~H.fjGk.I , in the year two thousand and lieD<P .
& Sealed and delivered in the presence of
~Le cI
President's Signature
UJ.L.~~w~
Printed Presl ent's Name
Witne s Si a
Suhed J JfIoR~! JIf.
Printed Witness Name
rtvL ?J:&d
~?
> 1A:tJforJ 6. /L e6D
Printed Witness Name
Printed Secretary! Vice President's
~~ fLtlMd<<k
Witness Signature
a /2.A <2./ GL-A- (l AN CfG(.../M ()
Printed Witness Name
STATE OF FLORIDA )
)..4/( c ) ss:
COUNTY OF PAtM BEACH )
}-. THE FOREGOING INSTRUMENT was acknowledged ,B.efore me this L$~ day
of ....vcCE.J..(/jt;fu , 200t/, b W.}...' u/tJ, f-/R.€,J;benJT and
/..JeJI3E/lA.:T. Ho~ J -::fl!.-_ Jle~, who r own m or who have produced
, as I entification and who did/did not take an oath.
~ I. ..;d".) t1~
,\,\\\11111/11". NO ARY PUB~
~'''~~~\~.~~!V.c:?';: ilZACIBI-IJ LA/J ~€.t-~
$~~.;";;.,,,\SSIOtV;;;.:oo pe or Print Name
~ . c.,V II 28.? ,<). rc:;; ..
~ ...~ ..,0,'0 'i?o6'~". t.,gmmlsslon No. ..))./) 11'1~tI-'
_ . cf). _
My Commission Expire~*: ..... :* ~
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Tax Parcels 2003
Identify Results
OBJECTID: 543515
PCN: 00424601000007010
CTY: 00
RNG: 42
TWP: 46
SEC: 01
SUBD: 00
BLK: 000
LOT: 7010
010 : 18886
NAME: SOUTHEASTERN CONFERENCE ASSN
ADDRESS1 : PO BOX 1016
ADDRESS2:
ADDRESS3: MT DORA FL 327561016
ZIPCODE: 327561016
M1SALEDAT: 10011999
M1SELLPRI: 315000
M1 BOOK: 11410
M1PAGE: 226
M1SALEYP: V
M1INSTRUM: WD
M1QUALlF: OM
M2SALEDA T: 05011994
M2SELLPRI: 40000
M2BOOK: 8296
M2PAGE: 278
M2SALETYP: V
M2INSTRUM: WD
M2QUALlF: DO
M3SALEDAT: 05011984
M3SELLPRI: 180000
M3BOOK: 4238
M3PAGE: 1373
M3SALETYP: I
M3INSTRUM: WD
M3QUALlF: U
M4SALEDA T: 01011980
M4SELLPRI: 54000
M4BOOK: 3272
M4PAGE: 1160
M4SALETYP: I
M4INSTRUM: 00
M4QUALlF: U
NCOAFLAG: N
ASSOCIAT:
CFLAG:
LEGAL 1 : 1-46-42, W 1/2 OF SW 1/4 OF SW1/4 OF SW 1/4 (LESS N 100 FT,
LEGAL2: S 265 FT OF E 100 FT & W 60 FTMILlTARY TRAIL R1W)
LEGAL3:
ZIPPOINT: 16
ZIPBARCD: 2
TAXDISTR: 00354
PRPTYUSE: 0000
Date: 3/2/2005
Time: 10:16:01 AM
Page 1
OPINION OF TITLE
TO: City of Boynton Beach
This opinion of title is furnished to CITY OF BOYNTON BEACH covering the real property
hereinafter described. It is hereby certified that I have examined the prior title insurance
policy for the subject property with an effective date of October 20, 1999, and a title
search dated December 6, 2004 at 11 :00 P.M., completely covering the period from the
December 14, 1977 to December 6, 2004 at 11:00 P.M., inclusive, of the following
described real property:
THE WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW
1/4) OF THE SOUTHWEST QUARTER (SW 1/4) LESS THE NORTH 100 FEET THEREOF, LESS THE WEST 50
FEET (STATE ROAD RIGHT-OF-WAY), AND LESS THE EAST 100 FEET OF THE SOUTH 265 FEET OF
SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPT
PARCEL NUMBER 50 (MILITARY TRAIL: STATE ROAD 806 NORTH TO STEINER ROAD)
OWNER OF RECORD: CASSIDY, BARCZUK, GREEN AND BROWN (O.R.B. 4238, PG. 1373)
PALM BEACH COUNTY PROJECT NUMBER 86-112
DESCRIPTION:
A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES, LYING IN SECTION 1, TOWNSHIP 46
SOUTH, RANGE 42 EAST, COUNTY OF PALM BEACH, STATE OF FLORIDA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FOR THE PURPOSE OF THIS DESCRIPTION THE CENTERLINE RIGHT-OF-WAY OF MILITARY TRAIL,
(STATE ROAD 809) AS SHOWN ON THE RIGHT -OF- WAY MAP OF MILITARY TRAIL (FROM STATE
ROAD 806 NORTH TO STEINER ROAD) NOW IN THE FILES OF THE LAND ACQUISITION DEPARTMENT
OF PALM BEACH COUNTY UNDER PROJECT NUMBER 86-112, IS ASSUMED TO BEACH NORTH 010 46'
18" WEST, AND ALL BEARINGS RECITED HEREIN ARE RELATED THERETO.
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID MILITARY
TRAIL, WHICH IS A CURVE 50,00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE RIGHT-OF-
WAY OF SAID MILITARY TRAIL, WITH A LINE 91.00 FEET NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 1; THENCE,
NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE WHICH IS A CURVE CONCAVE TO THE WEST,
HA VING A RADIOUS OF 17,238.80 FEET AND A CENTRAL ANGLE OF 000 26' 29", A DISTANCE OF 132.81
FEET TO A TANGENT LINE; THENCE, NORTH 010 46' 18" WEST ALONG SAID TANGENT LINE, WHICH
IS A LINE 50.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE RIGHT-OF-WAY OF SAID
MILITARY TRAIL, A DISTANCE OF 346.79 FEET TO THE SOUTH LINE OF THAT CERTAIN PARCEL
CONVEYED TO STEVE DIAS AND V.R. SUTTON AND DESCRIBED IN DEED RECORDED IN OFFICIAL
RECORD BOOK 4835, PAGE 1074 OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE, SOUTH 88043'
II" EAST ALONG SAID SOUTH LINE A DISTANCE OF 10.01 FEET TO A LINE 60.00 FEET EAST OF AND
PARALLEL WITH THE CENTERLINE RIGHT-OF-WAY OF SAID MILITARY TRAIL; THENCE, SOUTH 010
46' 18" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 346.26 FEET TO THE BEGINNING OF A
Page I of I
Ey.~I',f A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 17,248.80 FEET AND A CENTRAL ANGLE OF
00026' 35"; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 133.37 FEET TO A
LINE 91.00 FEET NORTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF THE SOUTHWEST ONE-
QUARTER (SW 1/4) OF SAID SECTION 1; THENCE, NORTH 880 32' 25" WEST ALONG SAID PARALLEL
LINE A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,794.2 SQUARE FEET. MORE OR LESS
Basing my opinion on the aforesaid title policy and title search covering said period, I am of the
opinion that on the last mentioned date the fee simple title to the above described real property
was vested
in: SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH DAY
ADVENTISTS, INCORPORATED
By Warranty Deed recorded in Official Records Book 11410, Page 226, Public Records of
Palm Beach County, Florida.
Subject to the following encumbrances, liens and other exception:
GENERAL EXCEPTIONS
1. All taxes for the year 2004 and the year in which this opinion is rendered, unless noted
below that such taxes have been paid.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
1. Right-of-way of Lake Worth Drainage District over the South 110.18 feet of the
subject property.
2. Road Right-of-Way Easement between the LAKE WORTH DRAINAGE DISTRICT
and the COUNTY OF PALM BEACH, dated March 4, 1964, recorded March 5, 1964
in Official Record Book 989, page 294, covering the North twenty (20) feet of the
South 115 feet of the subject property.
3. Matters on a survey prepared by O'BRIEN, SUITER & O'BRIEN, dated October 22,
1998, Job No. 80-91db, including the following encroachments: covered concrete hog
Page 20f3
pen, southeast comer together with gate and fencing, dirt parking area within north
boundary.
4. Unrecorded sign lease for billboard display within southwest comer of property. AK
Media Florida, Inc., f/k/a Ackerly Communications of Florida, Inc., Ground Lease No.
58421, termination date 5/22/00.
Based and conditioned upon all the assumptions, exceptions and statements hereinabove set
forth, and upon the premises that no liens or judgments have been filed against the property
subsequent to December 6, 2004, I am of the opinion that, subject to any conditions, restrictions,
covenants, easements, reselVations, limitations and liens of record or zoning regulations,
SOUTHEASTERN CONFERENCE ASSOCIA TION OF SEVENTH DA Y
ADVENTISTS, INCORPORATED has good and marketable fee simple title to the property
described herein.
I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the
State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted this 4th day of January, 2005.
'd
Flor Bar #260312
Mateer & Harbert, P.A.
225 E. Robinson Street
Suite 600, Two Landmark Center
Orlando, Florida 32801
Phone: (407) 425-9044
Telefax: (407) 423-2016
Attorneys for Southeastern Conference
Association of Seventh Day Adventists,
Incorporated
Page 30f3
DEC-23-2004 THU 10:38 AM
RAYMOND J. POSGAY ATTY.
954 522 0123
P. 02
FUND OWNER'S FORM.
SCHEDULF. .4
Policy No.: OPM 2100421
Bfl'ective Date; 10/20/99 Agent's File R.cf~; BaOW5165
12 ; 56 ~ 00 p.m.
Amouutotlll8urarwe: S 315,000.00
1. Name of Insured:
SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS, INe.,
a corporation existing under the laws of tha Stat. oE Florida
2_ The estate or interest in the land described herein BIId which is covered by this policy is a fee simple (if other.
specifY same) and is at the effective dato betcot ~ in the DIIIIlCd insured fIB shown by in.strumcnt ~ in
Official Records Book 1 t 41 0 . Page 2 31 . of the Public Records
of P~T~ RRA-~N Counly.FJcridlL
3. The land referred to in this policy is described 8.!1 follows:
THE WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (SW 1/4)
OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST
(SW 1/4) LESS THE NOR.TH 100 FEET THEREOF, LESS THE
FEET (STATE ROAD RIGHT-OF-WAY), AND LESS THE EAST
OF THE BOUTH 265 FEET OF SECTION 1, TOWNSHIP 46 SOUTH (
RANQE 42 EAST, PALM BEACH COUNTY, FLORIDA.
QUARTER
WEST 50
100 FEET
LESS AND EXCEPT THAT PORTION DB SCRIBED ON THE ATTACHED
SCHEDULE "An.
RAYMOND J. POSCAY
ATTORNEY AT LAW 3651
ISSUINo AGENT - ATTORNEY OR PIllM OF ATrOKNEYS AGENT NO.
AGENTS SIONAllJRE
1217 BAST BROWAlW BLVD. FORT I.IWDSRDALS
MAILING ADDlU>B8, CITY
FUND Fonn OPM-8CH.A (Rev. 1/98) [486)
, FL 33301
ZIP
o lIIUl DIJpIIylIoA OI-WIN-I-PL-ICHA3)
DEC-23-2004 THU.~g:39 AM
,- .~. I: -
RAYMOND J, POSGAY ATTY,
, r
954 522 0123
p, 03
"
~ .....
PAAC~L "".a (MILITARY TRAIL. STATE RoAD 80& NORTH TO STEINER
.. 'IJOAD) , .
OWNER OF RECORD. CASSIDY, IARCZLIIC. GREEN AND BAOWN
. (O.R.B; ~~~L PO. 1373)
PALM BlACH COUNTy PRO."ICT ~R "-1 12
DESCRIptION,
A PAIICEL OF LANa FOR RO.oIl RIGHT-oF-WAV PURPOSES, LYING IN SECTION ..
1, TOWNSHIP 41 SOUTH, RAttGE 42 EAST, COUNTY OF P~LM BEACH, STATE
OF FLORIDA, AND MORE PARTICULARLV DESCR!BED A~ FOLLOWS. .
FOR THE PURPOSE OF THIS DESCRIPTION THE CENTERLINE RIGHT-OF-WAV
OF MILITARV TRAIL. (STATE ROAD 809) AS SHOWN ON THE RIGHT-OF-WAY
MAP OF MILITARV TRAIL (FRQM STATE ROAD 806 NORTH TO STEINER ROAD)
NOW IN THE ~ILES OF THE LAND ACQUISITION DePARlMENT OF PALM BEACH
COUNTY UNDER PROJECT NLNBER .1-11 Z. IS ASSLNED TO BEAR NORTH 0'.
~6' 18N WEST, AND ALL 8EARINGS RECITED HEREIN ARE RELATED THERETO..
BEGINNI~G. AT THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY
LINE OF SAID MILITARV TRAIL, WHICH IS A CURVE 50.00 FEET EAST OF
AND PARALLEL WITH THE CENTERLINE RIGHT-OF-WAV OF SAID MILITARY
TRAIL, WITH A LINE 11.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
LINE OF THE SOUTHWEST ONE-QUARTER (5wl) OF SAID SECTION 11 THENCE,
NORTHERLY ALONG SAID EAST RIGHT-Of-WAY LINE WHICH IS A CURVE
CONCAVE TO THE WEST, HAYING A RADIUS OF 17,238.80' FEET AND A
CENTRAL ANGLE OF 00. 2&' 19", A DISTANCE OF 132.81 FEET TO A
TANGENT LINE', THENCE. NoRTH 01. U' 18" WEST ALONG SAID TANGENT
LINE, WHICH IS A LINE 10.00 FEET EAsT OF AND PARALLEL WlTH THE
CENTERLINE R~HT-OF-WAY OF SAID MILITARY TRAIL, A DISTANCE OF
346.79 FEET TO THE SOUTH LINE OF THAT CERTAIN PARCEL CONVEYED TO
- STEVE DIAS AND V.A. lunCH AND DESCRIBED IN DEED RECORDED" IN
OFFICIAL RECORD I9QK 4835, PAGE 1074 OF THE PUBLIC RECORDS OF SAID
COUNTV.THENCE, SOUTH 88. 43' 11" EAsT ALONG SAID SOUTH LINE A DIS-
TANCE OF 10.01 FEET TO A LINE 10.00 FEET EAST OF AND PARALLEL WITH
THE CENTERLINE RIGHT-OF-WAY OF SAID MILITARY TRAILJ THENCE. SOUTH
01. 4&' 18" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 346.26 FEET
TO 'THE BEGINNING OF A CURVE CONCAVE ,To THE WEST, HAVING A RADIUS
'OF .17,248.80 FEET AND A CENTRAL ANGLE OF 00. 26' 3S-j THENCE,
SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 133.37 FEET
TO A LINE 91.00 FEE~ NORTH OF AND PARALLEL WITH THE SAID SOUTH LINE
OF THE SOUTHWEST ONI.~TIR (IWi) OF lAID SECTION 1. THENCE, NORTH
888 3'2', II" WIST ALONG 'AID PARALLEL LINE A DISTANCE OP 10.01 FEET.
TO THE POINT OF IEGINNING. .
.,/I~ If?
. . .
FL""'~ ~IQ:' NO. 13.'"
P.R.I. . "IOCIA . ,
'..0 FORIIT HILL BOULIVARD,
SUITE 10'. ;
Wilt PALM lEACH, PLORI~ 33.0.
TELIPHONI. .,.,.....
IN 2 SHEETS SHEET NO I
. F.R.S.. I A880CIATES ' .
INeII,,--. LAND IUIIVIYOAl, LAND PLANNERS
WIlT "'IIACH, I'LORIDA
~IEp!IIR~ PaR MILITARY TRAIL (SR.809J JOB N. 8&-112
~~ 8 COUNTY PftOtlECT N.88-1I~.
o:-"vtII .R. 808 TO STEINER IfOAD IIMWINa NUll...
MIICIL ..e All
DMWN If
DEC-23-2004 THU 10:39 AM RAYMOND J. POSGAY ATTY. 954 522 0123 P. 04
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IN 2 SH. ET SET N.2
F.R.I.' AISOCIATES'"
...IN.... ~
"IT ~..~'''''VIYO'''' LAND PLANNERS
r_ ~ PLOIUDA '
ell
,
!
eJ..,i
i;
, 1M".. IYf8....
RJQUlRED alta ENOINlIMNI
ML '" '" fOR MILITARY TRAIL SIt. 109' olOI.
---~ IEACH.COUNTY P"n.I~"''P ll..a8 .... DL"'lft'
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
[g] April 5. 2005
D April 19,2005
D May 3, 2005
D May 17.2005
March 14,2005 (Noon.)
D June 7. 2005
D June 21.2005
D July 5, 2005
D July 19,2005
April 4, 2005 (Noon)
April 18, 2005 (Noon)
May 2, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[g] Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
May 16,2005 (Noon)
June 6, 2005 (Noon)
-
June 20. 2005 (Noon)
July 5, 2005 (Noon) >J
I
D Development Plans ~" ~-.".
.
D New Business .--.-
.'
D Legal C1
c-:;)
D Unfinished Business
D Presentation
Cl
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--
RECOMMENDATION:
Motion to approve and authorize signing by the City Manager of an Agreement Between the City of
Boynton Beach and Palm Beach County Providing for the Satisfaction of the City's connection fees and
capital facilities charges by Palm Beach County on behalf of residents of Avondale Pines electing to
reimburse the County over a 20-year period through the assessment process.
EXPLANATION:
This agreement will provide an incentive, and alleviate any hardship that may delay the voluntary
connection of homes currently on private well systems, to the City's potable water system now being
installed in the Avondale Pines subdivision. Palm Beach County is willing to pay the City the required
Capital Facilities Charges and Connection Fees for each of the homeowners choosing to avail
themselves of this option, on the condition that the County will add said costs to the assessment against
each property so choosing. At the appropriate time, the City shall furnish an itemized invoice to the
County for the sum total of Charges and Fees due, which the County shall pay within 45 days of receipt.
PROGRAM IMPACT:
Additional tracking of payments and connections will be required by both the City and County, as a
means of providing this incentive to encourage near-term connection to the potable water system.
FISCAL IMPACT:
None. All fees due will be paid either by the homeowner directly, or by the County.
AL TERNA TIVES:
To not offer this incentive, and delay the connection by those homeowners who cannot afford the costs
at this time.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
1
~
City Manager's Signature
fk-
UTILITIES
Department Name
City Attorney / Finance / Human Resources
Xc: Peter Mazzella (w/copy of attachments)
Tony Penn
City Attorney
Bill Mummert, Finance Dept.
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER TO EXECUTE AN AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND
7 PALM BEACH COUNTY FOR SATISFACTION OF THE
8 CITY'S CONNECTION FEES AND CAPITAL
9 FACILITIES CHARGES BY PALM BEACH COUNTY
10 ON BEHALF OF THE RESIDENTS OF AVONDALE
11 PINES SO ELECTING; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, Palm Beach County is willing to pay the City of Boynton beach the
15 equired Capital Facilities Charges and Connection Fees for each of the Avondale Pines
16 omeowners choosing to avail themselves of this option on the condition that the County will
17 dd said costs to the assessment against each property so choosing; and
18 WHEREAS, this agreement will provide an incentive, and alleviate any hardship that
19 ay delay the voluntary connection of homes currently on private well systems to the City's
20 otable water system now being installed in the Avondale Pines Subdivision; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 ecommendation of staff, deems it to be in the best interests of the residents and citizens of
23 he City of Boynton Beach to approve the Agreement between the City of Boynton Beach and
24 aIm Beach County for the Satisfaction of the City's Connection Fees and Capital Facilities
25 harges by Palm Beach County on behalf of those Residents of Avondale Pines so Electing.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
Each Whereas clause set forth above IS true and correct and
29 ncorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida, upon
30
:\CA\RESO\Agreemenls\lnterlocals\lnterlocal Agreement PSC - Avondale Pines Connection Fees.doc
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ecommendation of staff, hereby authorizes and directs the appropriate City Officials to
2 xecute an Agreement between Palm Beach County and City of Boynton Beach for the
3 atisfaction of the City's connection fees and capital facilities charges by Palm Beach County
4 n behalf of those residents of Avondale Pines so electing, a copy of said Agreement is
5 ttached hereto as Exhibit "A".
6
Section 3.
That this Resolution shall become effective immediately upon
7
assage.
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
Corporate Seal)
:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PSC - Avondale Pines Connection Fees.doc
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
PALM BEACH COUNTY, FLORIDA
PROVIDING FOR THE SATISFACTION OF THE CITY'S CONNECTION
FEES AND CAPITAL FACILITIES CHARGES BY PALM BEACH COUNTY
ON BEHALF OF THOSE RESIDENTS OF AVONDALE PINES SO ELECTING
THIS AGREEMENT, made and entered into this
day of
, 2005, by and between the COUNTY OF PALM
BEACH, a political subdivision of the State of Florida,
hereinafter called and referred to as the "COUNTY" and the
CITY OF BOYNTON BEACH, a municipality in the State of Florida,
hereinafter called and referred to as the "CITY".
WIT N E SSE T H
WHEREAS, the CITY and the COUNTY are authorized to enter
into this agree~ent pursuant to Section 163.01, Florida
Statutes, as amended, which permits 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
WHEREAS, the COUNTY has caused to be constructed a water
distribution system in Avondale Pines which is in the Boynton
Beach Utilities service area, the location of which is more
particularly depicted in the attached Exhibit "A"; and
WHEREAS, upon completion of construction, the water
distribution system will become the property of, and will be
operated and maintained by the "CITY"; and
WHEREAS, pursuant to Section 26-34 of the City of Boynton
Beach Code of Ordinances, the "CITY" collects "Connection
Fees" and a "Capital Facilities Charge" to cover the cost of
existing or additional water treatment facilities from
residents as they connect to the water system; and
WHEREAS, the "CITY" requires that each resident enter
into a Water Service Agreement with the "CITY"; and
WHEREAS, said "Connection Fees" and "Capital Facilities
Charges" could impose a hardship on some residents of Avondale
Pines and remove any incentive to voluntarily connect to the
water system; and
WHEREAS,
the
"COUNTY"
is willing to satisfy the
"Connection Fees" and "Capital Facilities Charges" for those
residents of Avondale Pines who so desire, and allow them to
pay the "COUNTY" back over a twenty year period through the
assessment process.
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL
COVENANTS CONTAINED HEREIN, THE PARTIES TO THIS AGREEMENT
AGREE AS FOLLOWS:
1. The recitals set forth above are hereby adopted and
incorporated in this Agreement.
2. The "COUNTY" agrees to:
A. Upon completion of the water distribution
system, notify the residents of Avondale
Pines that they have a limited time
period during which they can enter into a
water service agreement with the "CITY"
in order to take advantage of the
"COUNTY" pre-paying their Connection Fees
and Capital Facility Charges.
B. Provide the "CITY" within twenty (20)
days of the date of this Agreement with a
list of affected property owners of
Avondale Pines that constituted the
Assessment role approved by the "COUNTY"
on October 19, 2004 by R-2004-2234 and R-
2004-2235.
C. Upon receipt of a list from the "CITY"
showing the name, address, and individual
Connection Fees and Capital Facility
Charges for each property owner of
Avondale Pines who have taken advantage
of this arrangement along with an invoice
for the total charges, pay to the "CITY"
the full amount shown on the invoice
within 45 days. The total cost is not to
exceed $690,000 and is based on the
Facilities
Charges
(Exhibit
Capital
"B") for
"CITY'S"
Water
and Sewer
Water and Sewer outside the City Limits,
plus the $225 Connection Charges for a %"
meter for the 264 properties.
3. The "CITY" agrees to:
A. Allow those property owners of Avondale
Pines electing to have the "COUNTY" pay
their Connection Fees and Capital
Facilities Charges to execute a Water
Service Agreement and immediately connect
to the water system upon the approval of
the Water Service Agreement by the City
Commission of "CITY".
B. Prepare a list of those property owners
of Avondale Pines taking advantage of
this Agreement and forward it along with
an invoice for the total fees and charges
to the "COUNTY".
4. This Agreement shall be executed in triplicate and the
"COUNTY" shall retain two (2) and the "CITY" shall retain one
(1) copy. All shall be considered an original.
5. Any and all notice required or permitted to be given here
under shall be deemed received five (5) days after same are
deposited in U.S. Mail sent via certified mail, return receipt
requested.
All notices to the "CITY" shall be sent to:
The City of Boynton Beach
124 Woolbright Road
Boynton Beach, Florida 33435
All notices to the "COUNTY" shall be sent to:
George T. Webb, P.E., County Engineer
Engineering and Public Works Department
Post Office Box 21229
West Palm Beach, Florida 33416
Attention: Engineering Services Division
6. ENTIRE AGREEMENT. This agreement constitutes the entire
contract between the parties hereto and supersedes all prior
understandings related to the subj ect of the payment of
Connection' Fees and Capital Facilities charges, if any. There
are
no
other
oral
or written promises,
conditions,
representatives, understandings or terms of any kind as
conditions of inducement to the execution hereof and none have
been relied upon by either party. Any subsequent conditions,
representatives, warranties or agreements shall not be valid
and binding upon the parties unless they are in writing and
signed by both parties and executed in the same manner as this
Agreement.
7. SEVERABILITY: In the event any term or provision of this
Agreement shall be held invalid, such invalid term or
provision' hereof and all such other terms and provisions
hereof shall be enforceable to the fullest extent permitted by
law as if such invalid term or provision had never been a part
of this Agreement.
8.
EFFECTIVE DATE:
This Agreement shall become effective
upon its execution by the "COUNTY" and the "CITY".
9. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same
instrument.
10. This Agreement shall be recorded in the public records of
Palm Beach County pursuant to Section 163.01, Florida
Statutes.
IN WITNESS WHEREOF, the County of Palm Beach, Florida,
has caused this Agreement to be signed by the Chairman of the
Board of County Commissioners and the seal of said Board to be
affixed hereto and attested by the Clerk of said Board,
pursuant to authority granted by said Board, and the "CITY"
has caused this Agreement to be signed in its name by its
Mayor and its seal to be affixed hereto, attested by its
Clerk, the date and year first above written.
CITY OF BOYNTON BEACH
CITY MANAGER
PALM BEACH COUNTY, FLORIDA,
CHAIRMAN, BOARD OF COUNTY
COMMISSIONERS
By:
By:
CITY MANAGER
ATTEST:
ATTEST:
By:
By:
JANET PRAINITO,
CITY CLERK
SHARON R. BOCK, CLERK
AND COMPTROLLER
By:
By:
APPROVED AS FOR FORM AND
LEGAL SUFFICIENCY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
By:
CITY ATTORNEY
COUNTY ATTORNEY
PROJECT. LOCATION
AVONDALE PINES WATER MAIN EXTEN.swI1
PROJECT NO. 2000130
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LOCATION SKETCH
Exhibit "A"
CITY OF BOYNTON BEACH UTILITY CHARGES
Water And Sewer Capital Facilities Charges
SINGLE OUTSIDE CITY
FAMILY
Water Sewer
1 Bedroom Unit $1,166.00 $207.00
2 Bedroom Unit $1632.40 $289.80
3 Bedroom Unit $2,098.80 $372.60
4 Bedroom Unit $2,332.00 $414.00
5 Bedroom Unit $2,565,20 $455.40
Permanent Water Meter Connection & Deposit Charges
Meter Size Connection Fee Deposit
Outside City
%" $275 $100
1" $315 $125
1 Yz" $565 $250
Exhibit "S"
.'
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Avondale Pines Location Map
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VI.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested city Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in
Meetin2 Dates in to City Clerk's Office Meetin2 Dates to City Cletk.s 0fJice
~ AprilS. 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 200S (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17, 2005 May 2. 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Approval of the recommended VantageCare Retirement Health Savings Plan
EXPLANATION: The International City Manager's Association (ICMA) bas presented their Retiree Health Savings Plan
to the City for consideration. This plan allows all employees to make an election to either receive payment for their accmed
sick or vacation leave at termination or have the City deposit alL or a portion of their accrued leave into the plan. For those
deposits made to the plan the deposit can be pretax at the time of deposit and, if used for eligible health care costs after
retirement, will be tax free upon distribntion.
PROGRAM IMPACT: In the past, employees retiring and terminating from the City have been paid for their appropriate
amounts of sick and vacation leave in their final paychecks. These paychecks usually bad 20-25% taken out due to payroll
taxes and thus the employee lost a substantial amount of funds at the point belsbe retired. The ptoposed plan will allow for
the deposit of accumuJated leave without payroll taxes. Thus, the employee can use the entire proceeds from the
accmtll1Jated leave to pay medical premiums (group health plan, Medicare and Medicare supplement plan premiums,
COBRA premiums, or other health plan premiums), unreimbursed medical plan costs (co--payments and/or deductibles),
dental costs, vision care costs and unreimbursed medical and prescription costs as long as they are eligible under Interoal
Revenue Service Code, Section 213.
. ely elimirultes the payroll tax burden to both the employee and the City on the
to the plan.
ent Name
~
City Manager's Signature
w(]}1Jd~~~/_Rosow=
S:\BULLETIN\FORM GENOA ITEM REQUEST FORMDOC
1 RESOLUTION NO. 05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA
5 APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO EXECUTE THE NECESSARY
7 DOCUMENTS TO ESTABLISH THE CITY OF
8 BOYNTON BEACH'S PLAN IN THE FORM OF THE
9 ICMA RETIREMENT CORPORATION'S
10 V ANTAGECARE RETIREMENT HEALTH SAVINGS
11 PROGRAM, AND PROVIDING FOR AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City Commission has reviewed the proposal advanced by the
15 International City Manager's Association to establish a Retiree Health Savings Plan; and
16 WHEREAS, the City has heretofore entered into an Agreement with the ICMA
17 Retirement Corporation to establish the VantageCare Retirement Health Savings Plan to which
18 the City's employees shall be eligible; and
19 WHEREAS, certain amendments to the existing Administrative Service Agreement are
20 required; and
21 WHEREAS, the City is required to adopt a Declaration of Trust to qualify the plan.
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
25
Section I:
Each Whereas clause set forth above is true and correct and incorporated
26 herein by this reference.
27
Section 2:
The City Commission of the City of Boynton Beach, Florida
28 hereby approves the May 20, 2004 Letter of Amendment and the City Manager is
29 authorized to execute that document.
1
Section 3:
The City Manager is authorized to execute a Declaration of Trust which
2 document shall be reviewed and approved by the City Attorney and the City Director of
3 Finance.
4 Section 4. This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this _ day of April, 2005.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20 ATTEST:
21
22 Commissioner
23
24 City Clerk
25
26
DEPARTMENT OF HUMAN RESOURCES
MEMORANDUM NO. OS.G19
To:
Kurt Bressner, City Manager
Wilfred Hawkins, Assistant City Manager
Via:
From:
John Jordan, Assistant Director, Human Resources
Date:
March 7, 2005
Subject:
VantageCare Retiree Health Savings Plan
The Intemational City Manager's Association (ICMA) has presented their Retiree Health
Saving~ Plan to the City for consideration. This plan allows all employees to make an
election to either receive payment for their accrued sick or vacation leave at termination
or have the City deposit all, or a portion of their accrued leave into the plan. For those
deposits made to the plan the deposit can be pretax at the time of deposit and, if used
for eligible health care costs after retirement, will be tax free upon distribution.
In the past, employees retiring and terminating from the City have been paid for their
appropriate amounts of sick and vacation leave in their final paychecks. These
paychecks usually had 2()"25% taken out due to payroll taxes and thus the employee
lost a substantial amount of funds at the point helshe retired. This plan will allow for the
deposit of accumulated leave without payroll taxes. Thus, the employee can use the
entire proceeds from the accumulated leave to pay medical premiums (group health
plan, Medicare and Medicare supplement plan premiums, COBRA premiums, or other
health plan premiums), unreimbursed medical plan costs (co-payments and/or
deductibles), dental costs, vision care costs and un reimbursed medical and prescription
costs as long as they are eligible under Internal Revenue Service Code, Section 213.
To participate, the individual employee will be required to make an election in the year
preceding termination from the City for retirement purposes. The funds elected to be
deposited into the plan can only be used for the aforementioned purposes. These funds
cannot be withdrawn for any other reason aside from the death of the employee. The
spouse or eligible dependents may then continue to use these funds for eligible
purposes until their death without incurring any tax. If there is no spouse or dependents,
a designated beneficiary may use the plan assets for healthcare purposes.
This information and the accompanying plan documents are provided so that, with your
consent and endorsement, they may be presented to the City Commission for their
approval.
cc: Jim Cherof, City Attorney
Bill Mummert, Finance Manager
May 20, 2004
John Jordan
City of Boynton Beach
City Hall
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: VantageCare Retirement Health Savings Plan No. 800801
Dear Mr. Jordan:
This letter agreement will serve to amend the existing Administrative Services Agreement
between City of Boynton Beach (the "Employer") and the ICMA Retirement Corporation ("ICMA-
RC") to provide the City of Boynton Beach VantageCare Retirement Health Savings (RHS) Plan
for Employer's eligible employees ("Accountholders").
The existing Agreement between Employer and ICMA-RC is hereby amended as follows:
1. Employer desires to make the RHS plan administered by ICMA-RC available to its
employees. The details of the RHS plan shall be as mutually agreed between Employer and
ICMA-RC, but in general shall be as set forth in the RHS plan materials developed by ICMA-
RC and provided to Employer. RHS plan materials shall include the Vantage Care RHS
Employer Manual, available electronically through the EZ Link System upon plan adoption.
2. Employer agrees that this Addendum and the terms set forth and referenced herein shall be
in effect for an initial term beginning on the date the Addendum is executed by the Employer
below and ending 5 years after that date. The Addendum will be renewed automatically for
each succeeding year unless written notice of termination is provided by either party no less
than 60 days before the end of such extension year.
3. Absent an explicit agreement to the contrary between ICMA-RC and Employer,
Accountholder fees and expenses shall be payable from RHS assets, in accordance with the
requirements of the RHS plan as set forth in paragraph 9 below.
4. Each Accountholder will receive a consolidated quarterly statement providing information for
any deferred compensation plan, qualified plan or RHS account maintained by each
Accountholder and administered by ICMA-RC.
5. Tax withholding and reporting will be provided by ICMA-RC and its agents in conjunction with
the Employer for each RHS Account administered by ICMA-RC.
6. Information required to be retained by the employer shall be set forth in the RHS plan
materials developed by ICMA-RC and provided to Employer.
7. The details of ICMA-RC's administration of the RHS plan, as well as other features of the
RHS plan, shall be as set forth in RHS plan materials. The RHS plan materials are hereby
incorporated by reference and made a part of this Agreement, except that Employer and
ICMA-RC may from time to time mutually agree in writing to terms that vary from the RHS
plan materials.
8. The Employer understands that, as a general matter, the Internal Revenue Service ("IRS")
may decline to rule on certain design features or provisions that the Employer may request to
have added to the RHS plan materials. The Employer agrees to hold ICMA-RC harmless in
connection with the addition and administration of any RHS plan feature or provision
requested by the Employer for which the IRS will not provide express interpretive guidance.
9, Accountholder's account administration fees will be paid from RHS assets according to the
following schedule:
a. Employer with ICMA-RC 9401 and 9457 retirement plan average participant account
balances of $25,000 or more:
A $30 annual account fee will be charged to each Accountholder's account. The fee will
be charged against the account on a quarterly basis. In addition, an annual asset fee of
0.30% (30 basis points) will be charged on a quarterly basis, based on the balance in the
account on the last day of the previous quarter.
b. Employer with ICMA-RC 9401 and 9457 retirement plan average participant account
balances of less than $25,000, or Employer who does not currently have a retirement
plan with ICMA-RC:
A $~O annual account fee will be charged to each Accountholder's account. The fee will
be"charged against the account on a quarterly basis, In addition, an annual asset fee of
0.40% (40 basis points) will be charged on a quarterly basis, based on the balance in the
account on the last day of the previous quarter.
When the average participant account balance of the Employer's 9401 and 9457
retirement plans with ICMA-RC totals $25,000 or more (based on the balances in the
Employer's retirement plans on the last day of the previous quarter), the pricing detailed
in paragraph 9.a. shall apply beginning in the subsequent quarter.
For De Minimis account payments (as defined in the RHS plan materials), there will be a fee
of $25 collected at the time of disbursement.
Account administration fees are subject to change with appropriate prior notification.
If City of Boynton Beach finds these terms agreeable, please so indicate by having the
appropriate person sign and date this letter agreement in the space indicated below.
Very truly yours,
/fftr.i.4
Paul Gallagher
Corporate Secretary
Agreed:
/
Authorized Official
Date
2
EMPLOYER VANTAGECARE RETIREMENT HEALTH
SAVINGS (RHS) PLAN ADOPTION AGREEMENT
Plan Number: 8 (')Octo I
Employer Retirement Health Savings Plan Name: C. 'lvf 4v"/"'&...A.4./i~..f/kA fi;nysA..
I. EmployerName: .c,~ f6~r'L~6~- r State: ~
II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of
one or more units of a state or local government.
III. The Effective Date of the Plan: 0 /cJ~
I
IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben-
efit plan(s) established by the Employer:
V. Eligible Grou.ps and Participant Eligibility Requirements
A. The following gF6up or groups of Employees are eligible to participate in the VantageCare Retirement Health
Savings Plan:
x
-
All Employees
All Full-Time Employees
Non-Union Employees
Public Safety Employees -- Police
Public Safety Employees -- Firefighters
General Employees
Collectively-Bargained Employees (Specify unit)
.of-, I Oth~(SpeC'; bE}lo~) /
/'. /'-ee.S w,' ~ I 1~/-tP_ aCt:'/ucr!S
.
ft/(
The group specified must correspond to a group of the same designation that is defined in the statutes, ordi-
nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer.
If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings
Plan is in whole or part a non-collectively bargained, self-insured plan, the nondiscrimination requirements of
Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received
11
by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terr
of eligibility or benefits. The Employer should discuss these rules with appropriate counsel.
B. Participant Eligibility
1. Minimum period of service required for participation is ~ (write N/A if an Employee is eligible to partie
pate or to elect to participate immediately upon employment).
2. Minimum age required for eligibility to participate is AI# (write N/A if no minimum age is required).
VI.Contribution Sources and Amounts
A. Mandatory Contributions
o 1. Direct Employer Contributions
The Employer shall contribute on behalf of each Participant ~Io of earnings or $__ for the P
Year.
- .~,
. .:"'.-i;"'
.~.~
Ali4-
f
,._Definition of earnings:
o 2. Mandatory Leave Contributions
The Employer will make mandatory contributions of leave as follows:
Accrued Sick Leave* 0 Yes
o No
Accrued Vacation*
o Yes
o No
Other* (describe)
Af/A-
o Yes
o No
* Please provide the formula for determinin
Accrued Leave contribution:
An Employee shall11Qt have the right to discontinue or vary the rate of annual leave contributions.
o 3. Mandatory Employee Compensation Contributions
The Employer will make mandatory contributions of Employee compensation as follows:
o Reduction in Salary - .% of earnings (as defined in VI.A.1.) or $~ will be
contributed for the Plan Year.
o Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit
or pay plan adjustment will be contrib as follows:
An Employee shall11Qt have the right to discontinue or vary the rate of mandatory contributions of
Employee compensation.
12
C. Limits on Total Contributions
The totdl
Cnn"'ib
t, r b?t If of each PClrticipint iinc! J"i!I~; IJOt[ Vlandatorv and Elective
r, HI Pia 1 (,r3'- shall not ('xceEd the fc IWil rq lir'l!t(s):
..,
-, :;,
11 TI
/1' "
~/X,'
~ > 1>1-
,,, - / I
! 'ea Ir'c.:ls (as clefif,ed il! Vi.AI
)[ '1
'elirei in,i! or th,; perc entage )' 'i(, ar i mount of earnings that may
r:, 'I'! U ;('
Lin),";
" n a..'; t 'b'.it '1 types Ere (jefi!lEd '.Nithi, 'h" Ippr )priate section above.
See Sect
insired P
"I, JI 3 ~clJssi,rn of non 'liscrim ration (I,les tl at fray apply to non-collectively bargained self-
1~
VII. Vesting Schedule
A. The account is 100% vested at all times, unless specified otherwise in B. below.
B. The following vesting schedule applies to Direct Employer Contributions outlined in VI.A.1:
Years of
Service
Completed
Specified
Percent
Vesting
_%
%
It! J1-: ~
1/7 _ %
_%
_%
_%
_%
C. The account will become 100% vested upon the death, disability, retirement, or attainment of
benefit eligibility by a Participant.
Definition of ratrrement:
4/~
,
D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not
count toward the vesting schedule outlined in B. above.
VIII. Forfeiture Provisions
Upon separation from the service of the Employer or upon reversion to the Trust of a Participant's account
assets remaining upon the participant's death (as outlined in Section XI), a Participant's non-vested funds shall:
o Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for
the next and succeeding contribution cycle(s).
o Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants.
o Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bal-
ances.
J'i Revert to the Employer.
In the case of separation from service, the Participant's non-vested funds shall be applied as shown above. In the
case of reversion due to the Participant's death under Section XI, the remaining account assets shall be applied
as shown above.
IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health
Savings Plan
A. A Participant is eligible to receive benefits:
><
At retirement only (as defined in Section VII.C.)
At separation from service with the following restrictions
At age only
At retirement and age
At retirement or age
15
B. Termination prior to general benefit eligibility: A Participant who separates from the service of the Employer
prior to attaining benefit eligibility as outlined in Section IX.A. or C. wi/I be eligible to receive benefits:
'li Immediately upon separation from service.
D At age
C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security
Administration) will become immediately eligible to receive medical benefit payments from his/her VantageCare
Retirement Health Savings Plan account.
X. Permissible Medical Benefit Payments
Benefits eligible for payment consist of:
A.
'{. All Medical Expenses eligible under IRC Section 213* other than direct long-term care
expenses, OR
B. The following Medical Expenses (select only the expenses you wish to cover under the
VantC!~~Care Retirement Health Savings Plan):
Medical Insurance Premiums
Medical Out-of-Pocket Expenses*
Medicare Part B Insurance Premiums
Medicare Supplement Insurance Premiums
COBRA Premiums
Dental Insurance Premiums
Dental Out-of-Pocket Expenses*
Long Term Care Insurance Premiums
Other (Must be eligible under IRC Section 213)*
!
* See Section V.A. for a discussion of nondiscrimination rules which may apply to non-collectively bargained,
self-insured Plans.
XI. Death Benefit
In the event of a Participant's death, the following shall apply:
Account Transfer: The surviving spouse and/or surviving eligible dependents (as defined in Section XIII.F.) of the
deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene-
fits specified in Section X above.
Upon notification of a Participant's death, the Participant's account balance will be transferred into the
Vantagepoint Money Market Fund*. The account balance may be reallocated by the surviving spouse or
dependents.
* Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured
nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of
$1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA-RC Services, LLC, a controlled affiliate of
ICMA Retirement Corporation. Member NASD/SIPC.
If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account
balance may continue to be utilized to pay benefits of e,ligible dependents. Upon the death of all eligible depend-
ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or
spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene-
fits of the beneficiary's designated beneficiary. If there is no living beneficiary(ies), the account will revert to the
Plan to be applied as specified in Section VIII.
16
There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the
Participant's spouse's or dependent's designated beneficiary(ies).
If there are no living spouse or dependents at the time of death of the Participant, the account will be available
for medical benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all
designated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv-
ing beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII.
There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the
Participant's beneficiary(ies) or any beneficiary's beneficiary.
XII. De Minimis Accounts
Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits
from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min-
imis as specified below will be paid to the Participant.
o The de minimis account value shall be $5,000 or less.
CJ Th'ifde f9lryimis account value shall be $
$5,000)15r less.
(insert dollar amount between $0 and
.,s. The Plan shall not allow de minimis account distributions.
XIII. The Plan will operate according to the following provisions:
A. Employer Responsibilities
1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution
data via electronic submission.
2. Participant status updates and/or changes or personal information updates and/or changes (Participants'
termination dates, Participants' benefit eligibility dates, etc.) will be provided via electronic submission.
B. Participant account administration fees will be paid through the redemption of Participant account shares,
unless agreed upon otherwise in the Administrative Services Agreement.
C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement.
D. Assignment of benefits is not permitted.
E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim-
bursement of health insurance premiums to the Employer.
F. An eligible dependent is the Participant's lawful spouse and any other individual who is a person described in
IRC Section 152(a).
G. The Employer will be responsible for withholding, reporting and remitting any applicable taxes, as outlined
in the VantageCare Retirement Health Savings Plan Employer Manual.
XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Employer
VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the
Trust and/or loss of tax-deferred status for Employer contributions.
17
EMPLOYER
By:
litle:
Attest:
Accepted: Vantagepoint Transfer Agents, LLC
~ CZ4-<. a {,.~
Corporate Treasurer
18
\1antageCare Retirement Health Savings Plan
Implementation Data Form - Page 1
~
Instructions to Employer: Provide necessary information to establish your plan properly.
Please contact your New Business Analyst at 1-800-326-7272, if you have any questions,
ICMA RETIREMENT CORPORATION
ICMA-RC Use Only
1 ,Employer #
General
Information
2. 19021 Employe,'s Full Name: C' y {hI/if ~ t~vZ
3, (924) Street Address: It)tJ 5"c,~FJt\/t4 ~ 6~~tA.. 6chfivw/)
(925) (
4. 19181 City; ~/{ ~ ;>~'-
(919) State: r/-. (920) Zip Code: '7}'i 2...~
Sii-"" (633) Primary Contact: 411 ~<<I;I~J--
6. (634) Primary Contact Title: P:f,fue,.., _ .~./'~~r
7. (631) Primary ContactTelephone #: (~) '7t(Z--h ,/(
8. (632) Fax#: c5JL) 7t.1Z-- 6 "?I?
9. (PTOO) E-mail Address:I1tHAf#1-e/.~(ljcJ.borl1~-.6~.I!.tt5
10. (882) Em~loyer's Federal Tax Identification Number: s-96 (JtJ(!) 2-752-
11. # of Employees: 92-.? 12. # of Employees Eligible for Plan Participation: IfJ7
13, # of Employees Eligible to Receive Medical Benefits: q /7
Plan
Implementation
Information
14. Plan level Quarterly Statements: (Note: * = default)
a. Sort Order: (629) a S=SSN* ~ N=Name
b, Output Media: (627) rjI P=Paper* a M=Microfiche a B=Bound
c. Type: (626) f!J S=Summary* a D=Detail
15. (611) Contribution Information: (Note: * = default)
a. Frequency: (check one): a (0) Bi-weekly* a (4) Monthly
a (1) Weekly a (5) Semi-Monthly
a (2) Semi-weekly 0 (6) Bi-quarterly
a (3) Bi-monthly 0 (7) Quarterly
;g ( ) Other: ktjol1. ~~14rl"l ~;.-
b. Deposit Medium: (624) ~ Check * 0 Wire 0 EFT
c. Data Medium: EZ Link Required to participate in RHS Plan
o (8) Semi-quarterly
o (9) Bi-annually
o (10) Annually
o (11) Semi-annually
d, First Contribution Date Following Implementation:
ICMA Retirement Corporation' Attn: Records Management Unit. P.O. Box 96220 . Washington, DC 20090-6220' Toll Free 1-800669-7400
20
EZLINK ACCESS FORM
INSTRUCTIONS
Unk
~
Who should use the EZlink Access form?
ICMA RETIREMENT CORPORATION
Plan Sponsors who would like to receive an EZLink USER 10 and password for the first time and those who would like
to change the access on a particular USER 10.
1
Plan
Coordinator
Information
2
Password
Holder
Information
and
On-line
Withdrawal
Option
3
System
Recommen-
dations:
4
Please provide the name of the person at your plan who is designated as the plan coordinator. This
person should also authorize access at the end of this form. If you want to verify your current plan
coordinator, please call the Employer Services Unit at 1-800-326-7272 between 8:30 a.m. and 7:30 p.m.
Eastern Time,
If this is an "Initial Access Request", please complete the password holder information for all staff
members that are to be assigned User ID's and passwords, Please be sure to include their level of
acc~sfor the features listed below:
Balances/Inquiry:
access plan and participant level information, including balances
and investment allocations
Enrollments/Rehires:
enroll or rehire a participant on-line
Participant Changes:
update participant information such as name, address, marital status, title,
phone number
Contribution & loan
Repayments Detail:
File Transfer: submit a pre-formatted contribution & loan repayment file (in ICMA-RC
format)
On-Line Entry: process contributions and loan repayments on-line using a prior payroll as
a base, or start from scratch
On-line Withdrawals: employer approval for participant on-line withdrawal requests
If this is a change, pl.ease make sure to enter the staff members current User 10,
To reassign this User 10 to a new staff member, please provide the new users password holder
information including their level of access.
To update the current password holder's information, enter the new information.
To remove this User 10, check the "Delete User 10" box, This will remove all information currently
on file for this User 10 and make it available for future use.
This section outlines the systems recommendations for accessing and processing on-line using
EZLink. If you have any questions regarding these recommendations, please send .an email to the
ICMA-RC Webmaster at www.icmarc.org and select" Contact Us. "
Please have the plan coordinator sign and date this EZLink Access Form.
Plan
Coordinator
Approval
Please fax your completed EZLink Access Form to the "EZLink Administrator" at 1-202-962-4601.
FRMOOO-019-200309
EZLINK ACCESS FORM
For internal NBU use only:
User 10: C
Jir LInk ..--
~
1 _Initial Access Request
Plan
Coordinator
Information
('This infmnatim
must t:e
completed to
Mid prrxessing
delays.)
2
Password
Holder
Information
and
On-line
Withdrawal
Option
o Change Access Request
ICMA RETIREMENT CORPORATION
First Contribution~te Following Plan Implementatior
" ~7t1t11~5 $ 1/1"."
/
10
Zip: "'lj'iZ-s
Vou must provide the "Password Holder Information" to establish a User id and password for the Plan Coordinator.
Total Number of User 10'5:
o Oelete User 10
User 10 (if a change) PtHII1I11.e/-!-A
Name, ~t tt~.~
;~:~~ #: 04~ ( _ ~q2.- _ ~~I (
email Address:tI1ll""J#f~(i!>C./: bcvH~ -~.
~ 1/. tt7
~V _N
~V N
EV=N
Contributions & Loan Repays:
File Transfer
On-Line Entry
On-line Withdrawals
Access:
Balances/Inquiry
Enrollments/Rehires
Participant Changes
tv -.fN
V _N
V _N
fV_N
V _N
V _N
Email Address: >- f) (J I L) ~ Cf, 6fJVJI ~-
. 'b~.fl.k$
Access:
Ba lances/lnquiry
Enrollments/Rehires
Participant Changes
(name, address, etc.)
""...".. ",......."."....,. ."... ..... '}..... ..... "... ............,...",......,..", "....... ..... ...... ................,..,......., "..... ......... "....,.....
User 10 (if ",~h nge) hl1/'ft:t 0 Oelete User 10
Name: U. CI r
Title: Il\ I" II
Phone #: 'W 1- '7'fz.- - (p 71 ,
Access:
Balances/Inquiry
Enrollments/Rehires
Participant Changes
(name, address, etc.)
Contributions & Loan Repays:
File Transfer
On-Line Entry
On-line Withdrawals
~V_N
rV N
:t- V =N
iV_N
V _N
V _N
Email Address: hu/'h" 'P Ct. 'cIy"t",,-
b~eu--/" .11. ~ So
Y-v _N
rv N
YV=N
Contributions & Loan Repays:
File Transfer
On-Line Entry
On-line Withdrawals
Please fax your completed EZLink Access Form to the "EZLink Administrator" at 1.202.962.4601.
FRMOOO-019-200309
EZLINK ACCESS FORM
2
Password
Holder
Information
and
On-line
Withdrawal
Option
(continued)
3
System
Recommen-
dations
4
Plan
Coordinator
Approval
Unit
~
User ID (if a change)
Name:
Title:
Phone #:
Access:
Balances/Inquiry
Enrollments/Rehires
Participant Changes
(name, address, etc,)
ICMA RETIREMENT CORPORATION
o Delete User ID
Email Address:
_Y_N
_Y_N
_Y_N
Contributions & Loan Repays:
File Transfer
On-Line Entry
On-line Withdrawals
_Y_N
_Y N
_Y N
..........................................................................................................................................................................
On-Line Withdrawals - select one choice below:
p!f Pre-Approval
The employer will provide ICMA-RC
information may be used as our aut
accounts.
with termination dates for all participants and this
horization to permit disbursements from participant
o Post-Appoval
The employer wants to review each participant withdrawal request and will approve/deny
each
accordingly.
The minimum supported hardware and software for EZLink is:
..... Netscape Navigator Version 4.5, OR Microsoft Internet Explorer 5.0
..... 128 Bit Encryption
..... High speed Internet access or minimum 56K modem
..... Pentium class PC
II
..... Windows NT, 1995 or later
OTHER SYSTEMS ARE NOT RECOMMENDED
ICMA-RC CDnsiders participant information to be highly confidential, and we go to great lengths to avoid breaching that
confidentiality. For this reason, ICMA-RC cannot be responsible for (i) negligent or intentional misuse of the PIN by the
[the municipality's] officers, employees. agents or contractors, (ii) a breach of confidentiality that may occur as a result
of such negligent or intentional misuse of the PIN. or (iii) a breach of confidentiality that may occur as a proximate result
of the [municipality's] access to the participant database. If the [municipality's] uses EZLink online transaction process-
ing, please remember to review all financial information you have entered for your participants, as ICMA-RC is not
responsible for incorrect data transmitted by the [municipality]. ICMA-RC recommends that you encourage all partici-
pants to review confirmations for accuracy.
The Retirement Corporation's home page is normally available 24 hours a day. seven days a week. However. service
availability is not guaranteed, Neither the Retirement Corporation or its affiliates, the Retirement Trust. nor The
Vantagepoint Funds will be responsible for any loss (or forgone gain) you may incur as a result of service being unavail-
able.
Please signify your agreement to these terms by signing
agreement to the EZLink Administrator at 1.202.9
Password(s) so you can use EZLink, Should you have qu
1-800-326-7272.
in the space indicated below, You may fax this signed
62.4601. We will then provide you witH your User 10(s) and
estions. please call Employer Services at
Agreed:
Authorized Signatory
Date:
Print Your Name
Please fax your completed EZUnk Access Form to the "EZLink Administrator" at 1.202.962-4601.
FRMOOO.019,200309
EZLink gives you electronic access to a wide range of plan specific information, transaction processing capabilities
and keeps you uP-t9i-date on the latest in plan changes. As a user you're able to access the information you need,
when you need it. Join the hundreds of employers who have access to the following options:
Plan and Participant Inquiry
. Account balances
. Allocation percentages
. Transaction history
Transaction Processing Features
. Enrollments/Rehires'
. Contributions and loan repayments'
. Participant Changes'
. Add/Update Employer Contact Information
. Employee withdrawals with on-line employer approval (available
4th quarter 2003)
· Send an ICMA-RC preformatted file or enter on-line
Enhanced Reporting
. Contribution limit tracking
+ Participant YTD Contributions
+ Contribution reconciliation
. Participant contribution report
. Statements on demand
+ New! - Quarterly Plan and Participant Statements
+ New! - Asset Allocation and Asset Change Report
. New! - Transaction Summary Report
. New! - Roll-in and Roll-out Report
+ New! - Enrollment Report
+ New! - Participant Information (Indicative & Balances)
Employer Library
+ Tap into a wide range of information specifically geared
to employers
. Request Fulfillment
. On-line Perspective
Getting Started
It's easy to become an EZLink partner - simply complete and return the attached EZLink Access Form. Once you have signed
and returned the form, you will be assigned an EZLink User 10 and password, To ensure proper security, your EZLink password
will be sent via U,S, mail within 7-10 business days.
To take full advantage of EZLink, we recommend the following:
. Pentium processor
+ 32.bit operating system
(Windows 95+/Windows NT)
+ Netscape Navigator 4.5 or higher with
128 bit encryption
. Microsoft Internet Explorer 5,0 or higher
. High-speed Internet access or minimum 56K modem
NOTE: EZLink data is protected by encryption using SSL (Secure Socket Layer) protocol. so you know your data is safe,
ICMA Retirement Corporation . 777 N Capitol Street, NE . Washington, D.C. 20002
'-800-326-7272' WW\N.icmarc.org
8RCOOO-04 7 -0903- 1 5- 1 80
777 North Capitol Street, NE
Washington, DC 20002-4240
1-202-962-4600
FAX 1-202-962-4601
Toll Free 1-800-669-7400
Internet: http://www.icmarc.org
WIRE, ACH and CHECK INSTRUCTIONS
Dear RC Employer:
Below are the instructions for submitting funds to ICMA Retirement Corporation for crediting to participant accounts. This
information has been provided to ensure timely processing of your plan's contributions to the Vantagepoint Transfer Agents. In order
to process your contributions quickly and accurately, the ICMA Retirement Corporation has separate and distinct banking and mailing
instructions for each of your plans. Please use the chart below to identify the correct information for your specific plan when
submitting contributions to us, As each address is different, please do not combine separate plan contributions in the same mailing.
Plan Wires ACH Checks
457 M&TBANK. M & T BANK-457 Vantagepoint Transfer Agents - 457
ABA#: 022-000:046 ABA#: 052 000 113 C/OM & TBANK
Vantagepoint Transfer Agents - 457 Account #: 425-3800-1 P.O. Box 64553
Account #: 425-3800-1 Ppt ill: 30XXXX (Plan #) Baltimore, MD 21264-4553
OBI: 30*XXXXmmddyyyy Reference Plan # on check stub
(Plan # and pavroll date)
401 M & TBANK. M & T BANK.-401 Vantagepoint Transfer Agents - 401
ABA#: 022-000-046 ABA#: 052 000 113 C/O M & T BANK.
Vantagepoint Transfer Agents - 401 Account #: 425-3798-1 P.O. Box 64668
Account #: 425-3798-1 Ppt ill: 10XXXX (Plan #) Baltimore, MD 21264-4668
OBI: 10*XXXXmmddyyyy Reference Plan # on check stub
(Plan # and pavroll date)
*IRA M&TBANK. M&TBANK. Vantagepoint Transfer Agents
ABA#: 022-000-046 ABA#: 052 000113 C/O M & T BANK.
Vantagepoint Transfer Agents Account #: 895-5902-9 P.O. Box 64636
Account #: 895-5902-9 Ppt ill: 70XXXX (plan #) Baltimore, MD 21264-4636
OBI: 70*XXXXmmddyyyy Reference Plan # on check stub
(Plan # and payroll date)
RHS M& T BANK. M&TBANK Vantagepoint Transfer Agents
ABA#: 022-000-046 ABA#: 052 000 113 C/O M & T BANK.
Vantagepoint Transfer Agents Account #: 895-5902-9 P.O. Box 64636
Account #: 895-5902-9 Ppt ill: 80XXXX (Plan #) Baltimore, MD 21264-4636
OBI: 80*XXXXmmddyyyy Reference Plan # on check stub
(Plan # and payroll date)
*Payroll Deduction IRA
Note: If your contribution is sent to any address other than the one specified for each plan above, it may delay the investment of your
contribution.
ICMA ftETlftEMENT Ceft..eftATleN
The "u.!ic service VOIntOl!!le".int since 1 ~72
Wire, ACH and
Check Instructions
Updated:05/21/04
Page lof2
777 North Capitol Street. NE
Washington, DC 20002-4240
1-202-962-4600
FAX 1-202-962-4601
Toll Free 1-800-669-7400
Internet: http://www.icmarc.org
Wire and ACH information
WIRES: You must include your plan number where *XXXX is reflected. plus the current payroll date. in the OBI field for
each wire, to ensure timely processing.
ACH: You must include your plan number where *XXXX is reflected. to ensure timely processing.
It is extremely important that your participant detail breakdown be received prior to or at the same time as your remittance, when using
the wire or ACH methods. Detail received after the receipt of funds will be credited upon receipt of conforming detail (see Employer
Manual for deftnition of conforming detail).
Checks
Please be sure to include your printed participant detail breakdown with your check to ensure it is received at the same time as your
remittance. If you are sending your me electronically, please ensure that the detail is received prior to or at the same time as your
check. Detail received after the receipt of funds will be credited upon receipt of conforming detail. Please refer to the Employer
Manual for defmition of conforming detail and the bulletin that was mailed out late December 1999 regarding the new processing
policies instituted beginning January 2000.
Detail submission should be submitted electronically for all wires and ACHs, however, if detail is mailed it should be sent via the
following:
Fax # ATIN: PLAN CONTRIBUTION SERVICES UNIT
202-962-4601
or
Overnight Mail: ICMA Retirement Corporation
777 North Capitol Street NE, Suite 600
Washington, DC 20002-4240
A TIN: PLAN CONTRIBUTION SERVICES UNIT
If you have any questions regarding this instructions or interest in submitting your detail electronically, please contact the Investor
Services Unit at 1-800-326-7272.
ICMA PlETIPlEMENT CePl..ePlATleN
The lIuilllic service VOlntOl~ell.int since HIJ72
Wire, ACH and
Check Instructions
Updated :05/21/04
Page 20f 2
PROCESSING POLICIES FOR
CONTRIBUTIONS AND LOAN REPAYMENTS
In order to provide the most efficient and dependable service possible to all of our valued customers, ICMA-RC has established the
following policies related to contribution and loan repayment processing, effective January 1, 2000.
UNBALANCED CONTRIBUTIONS/LOAN REPAYMENTS
In situations where the contribution/loan repayment amount remitted differs from the sum of the detail records provided, investment
of the contributions and loan repayments will be delayed until the difference is resolved, If the difference cannot be resolved within 7
business days, ICMA-RC will return the money to the employer, unless alternative instructions are received,
NON-CONFORMING FORMATS
Non-conforming submittals of contribution/loan repayment detail records are typically paper documents printed from an employer's
payroll system or other electronic files not formatted according to ICMA-RC specifications, Processing time for non-conforming
submittals can be significantly longer than for conforming formats, Consequently, while ICMA-RC will strive to process non-conform-
ing submittals as timely:.as.possible. we may take up to 5 business days to reconcile. The contributions and loan repayments will not
be invested during this time, The following table provides the processing turnaround standards for non-conforming submittals,
Number of Contributing Number of Business
Participants Days to Process
50 or fewer 2
51 - 99 3
t--.-..--.---- . -.-.----- ---------.-----------...-.--------
100 - 299 4
-..--.--...----..--"-.-------.---- ----.---....--.-.....---
300 or more 5
UNREADABLE OR ERRONEOUS FILES
If a contribution / loan repayment detail file is not readable (e.g., formatting problem, in-transit damage) or does not contain current
data, investment of the contributions and loan repayments will be delayed until the employer provides a readable replacement file
with current data, In such cases, ICMA-RC will initiate contact with the employer the day the file is received,
PARTICIPANTS NOT ENROLLED
Contributions received for participants who have not been enrolled in the plan cannot be invested. In such cases, ICMA-RC will
initiate contact with the employerthe next business day to request the required enrollment information, If ICMA-RC does not receive
the required enrollment information by the close of the third business day following receipt of tile contribution, the contribution
amount will be refunded to the employer.
~
lNCORRE'I LgAN N~MuBERS
If a loan repayment is received with incorrect loan number referencing, ICMA-RC may take up to two business days to invest the loan
repayment.
· EZ Link On-line Contribution File Creation
· EZ Link Data Transfer in ICMA-RC Record Format #3
Please ca" an Employer Services representative at 1-800-326-7272 to receive additional information about these options,
~
c
ICMA RETIREMENT CORPORATION
The PubliC Sector EXf,l€!n
FlYOOO-023 .20020 7
"
INTEGRAL PART TRUST
Declaration of Trust made as of the
day of
,20_,
by and between the
Name of Employer
a
Type of Entity
State
(hereinafter referred to as the "Employer") and
referred to as the "Trustee"),
Name of Trustee
or its designee (hereinafter
RECITALS
WHEREAS, the Employer is a political subdivision of the State of
exempt from federal income tax under the Internal Revenue Code of 1986; and
State
WHEREAS, the Employer provides for the security and welfare of its eligible employees (here-
inafter referred to as "Participants.), their Spouses, Dependents and Beneficiaries by the maintenance of
one or more post-retirement welfare benefit plans, programs or arrangements which provide for life,
sickness, medical, disability, severance and other similar benefits through insurance and self-funded
reimbursement plans (collectively the "Plan"); and
WHEREAS, it is an essential function and integral part of the exempt activities of the Employer
to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accu-
mulating assets in the trust, a segregated fund, for post-retirement welfare benefits under the Plan; and
WHEREAS, the authority to conduct the general operation and administration of the Plan is
vested in the Employer or its designee, who has the authority and shall be subject to the duties with
respect to the trust specified in this Declaration of Trust; and
WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan
for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries;
NOW, THEREFORE, the parties hereto do hereby establish this trust, by executing the Declara-
tion of Trust of the Integral Part Trust (hereinafter referred to
Name of Employer
as the "Trust"), and agree that the following constitute the Declaration of Trust (hereinafter referred to as
the "Declaration"):
4
ARTICLE I
Definitions
1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective
meanings set forth below unless otherwise expressly provided.
(a) "Account" means the individual recordkeeping account maintained under the Plan to record the
interest of a Participant in the Plan in accordance with Section 7.4.
(b) "Administrator" means the Employer or the entity designated by the Employer to carry out admin-
istrative services as are necessary to implement the Plan.
(c) "Beneficiary" means the Spouse and Dependents, or the person or persons designated by the
Participant pursuant to the terms of the Plan, who will receive any benefits payable hereunder in
the event of the Participant's death. A Beneficiary may also designate a beneficiary(ies) to receive
any benefits payable hereunder in the event of the preceding Beneficiary's death, until the satisfac-
tionpf,allliabiHties under the Plan to provide benefits. In the case where there is no designated
Beneficiary,,:an'y amount of contributions, plus accrued earnings thereon, remaining in the Account
must, under the terms of the Plan, be returned to the Trust.
(d) "Code" means the Internal Revenue Code of 1986, as amended from time to time.
(e) "Dependent" means an individual who is a person described in Code Section 152(a).
(f) "Investment Fund" means any separate investment option or vehicle selected by the Employer in
which all or a portion of the Trust assets may be separately invested as herein provided. The
Trustee shall not be required to select any Investment Fund.
(g) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Depend-
ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu-
tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici-
pant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in the Partici-
pant's own contributions.
(h) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in
which the Participant has his primary place of residence.
(i) "Trust" means the trust established by this Declaration.
(j) "Trustee" means the Employer or the person or persons appointed by the Employer to serve in
that capacity.
5
r.rJ.l"'l.11.l.J'Cl...I1.n.L;. J,d....~~~'\.Ll...JJ:.l...J n.c.nLJJJ JnVIJVl.7::> PLAN
ARTICLE II
Establishment of Trust
2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Partici-
pants, their Spouses, Dependents and Beneficiaries.
ARTICLE III
Construction
3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of
Slale
3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine
gender W?l':lre appropriate, and the singular form of words shall be read as the plural where appropriate.
3.3 If any provt.glbn of this Trust shall be held illegal or invalid for any reason, such determination shall
not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of
this Trust.
ARTICLE IV
Benefits
4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse, Dependents and
Beneficiary(ies) pursuant to the terms of the Plan.
4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the
Participant, his Spouse, Dependents or Beneficiary(ies) for insurance premiums or other payments ex-
pended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the
Administrator for insurance premiums.
ARTICLE V
General Duties
5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name
as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to com-
pute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts
as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody,
investment, 'safekeeping or disposition of any assets comprising the Trust, to the extent such functions are
performed by the Employer or the Administrator, or both.
5.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Adminis-
trator or other person designated hereunder from time to time the Employer's contributions and Partici-
pants' contributions under the Plan and to inform the Trustee in writing as to the identity and value of the
assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to the
Participants of the Plan.
6
ARTICLE VI
Investments
6.1 The Employer may appoint one or more investment managers to manage and control all or part of the
assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment.
6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and
shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the
Employer (or Participants, their Spouses and Dependents, or Beneficiaries to the extent provided herein)
the Trustee is authorized and empowered with the following powers, rights and duties, each of which the
Trustee shall exercise in a nondiscretionary manner:
(a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee
or in the name of a nominee, or to take and keep the same unregistered;
(b) To employ such agents and legal counsel as it deems advisable or proper in connection with its
d!-'ties and to pay such agents and legal counsel a reasonable fee. The Tn,Jstee shall not be
;"flableJgrthe acts of such agents and counselor for the acts done in good faith and in reliance
upoili"he advice of such agents and legal counsel, provided it has used reasonable care in
selecting such agents and legal counsel;
(c) To exercise where applicable and appropriate any rights of ownership in any contracts of
insurance in which any part of the Trust may be invested and to pay the premiums thereon;
and
(d) At the direction of the Employer (or Participants, their Spouses, their Dependents, their Benefi-
ciaries, or the investment manager, as the case may be) to sell, write options on, conveyor
transfer, invest and reinvest any part thereof in each and every kind of property, whether real,
personal or mixed, tangible or intangible, whether income or non-income producing and
wherever situated, including but not limited to, time deposits (including time deposits in the
Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of
interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures,
equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securi-
ties and other corporate, individual or government securities or obligations, annuity, retire-
ment or other insurance contracts, mutual funds (including funds for which the Trustee or its
affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units
of any other common, collective or commingled trust fund.
6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as
title holder only. Persons holding custody or possession of assets titled to the Trust shall include the
Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee.
The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from
compliance with any direction from the Employer, the Administrator, the investment manager, or such
agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense
which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if
the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may
refuse to comply with any direction from the Employer, the Administrator, the investment manager, or
such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal.
6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims,
demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection
with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the
directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of
the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken
by or omitted in good faith by the Trustee with respect to an investment managed by an investment
manager in accordance with any direction of the investment manager or any inaction with respect to any
7
such investment in the absence of directions from the investment manager. Notwithstanding anything to
the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemni-
fication if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken
by it under the provisions of this Trust.
6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer,
the Administrator and the investment manager or another agent of the Employer, will be responsible for
valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing
of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims,
actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise
from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such
assets.
6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all ac-
tions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and
nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer,
the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of
Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator,
the investrn~nt manager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or reck-
lessness with r~s..!;iectto the Trustee's duties under this Declaration.
....c,.. .
ARTICLE VII
Contributions
7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the
Plan or by resolution.
7.2 Participant Contributions. If specified in the Plan, each Participant may make voluntary after-tax
contributions. Under no circumstances shall Participant Contributions exceed an insubstantial amount.
These contributions shall be collected by the Employer and remitted to the Trust for deposit at such time
or times as required under the terms of the Plan.
7.3 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation
leave, or other type of accrued leave, as permitted under the Plan. The Employer's Plan must provide a
formula for determining the value of the Participant's contribution of accrued leave. The Employer's Plan
must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash
in lieu of a contribution to the Trust.
7.4 Accounts. Employer contributions, Participant contributions, and contributions of accrued leave, all
investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be
deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his
Spouse, Dependents and Beneficiaries. The assets in each Participant's Account may be invested in
Investment Funds as directed by the Participant (or, after the Participant's death, by the Spouse,
Dependents or Beneficiaries) from among the Investment Funds selected by the Employer.
7.5 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or
investment manager or another agent of the Employer, shall receive all contributions paid or delivered to
it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declara-
tion, without distinction between principal and income. The Trustee shall not be responsible for the
calculation or collection of any contribution under the Plan, but shall hold title to property received in
respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this
Declaration.
8
r,
.,.
~:.
7.6 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or
alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Em-
ployer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries.
7.7 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer
contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms
of the Plan, be returned to the Employer.
ARTICLE VIII
Other Plans
If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical,
disability, severance, or other benefits and designates the Trust hereby created as part of such other plan,
the Employer or, if so designated by the Employer, the Administrator or an investment manager or an-
other agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder
contributiOfl$;to such other plans. In that event (a) the Employer or, if so designated by the Employer, the
Admjnistrator or: ~'irivestment manager or another agent of the Employer, may commingle for invest-
ment purposes tl1'elcontributions received under such other plan or plans with the contributions previously
received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the
Administrator or an investment manager or another agent of the Employer, shall at all times show the
portion of the Trust Fund allocable to each plan; (b) the term .Plan" as used herein shall be deemed to
refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to
the person or group of persons which have been designated by the terms of such other plans as having
the authority to control and manage the operation and administration of such other plan.
ARTICLE IX
Disbursements and Expenses
9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons
and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no
payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to
Section 7 .7), which would cause any part of the Trust to be used for or diverted to purposes other than the
exclusive benefit of the Participants, their Spouses and Dependents, and Beneficiaries pursuantto the
provisions of the Plan.
9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of
the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be
made, and no person shall be entitled to look to any other source for such payments.
9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by
them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees
of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against
and shall be paid from the Trust upon the direction of the Employer.
ARTICLE X
Accounting
10.1 The Trustee shall not be required to keep accQunts of the investments, receipts, disbursements, and
other transactions of the Trust, except as necessary to perform its title-holding function hereunder. All
accounts, books, and records relating thereto shall be maintained by the Employer or its designee.
9
10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a
written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its
designee.
ARTICLE XI
Miscellaneous Provisions
11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be
appointed by, or account to any court of law in the exercise of its powers hereunder.
11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look
to the propriety of the acts of the Trustee in connection therewith.
11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the
Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of
the Trustee under this Declaration.
:.-,.....:-,
11.4 The Employer shall have the right at all reasonable times during the term ofthis Declaration and for
three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract informa-
tion from, and copy all books, records, accounts, and other documents of the Trustee relating to this
Declaration and the Trustees' performance hereunder.
ARTICLE XII
Amendment and Termination
12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration
at any time for any reason without the consent of the Trustee or any other person, provided that no
amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the
execution of the Trustee to the amendment. Any such amendment shall become effective as of the date
provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the
Trustee, if the Trustee's execution is not required.
12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to
provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining
in such separate Accounts must, under the terms of the Plan, be returned to the Employer.
ARTICLE XIII
Successor Trustees
13.1 The Emp'loyer reserves the right to discharge the' Trustee for any or no reason, at any time by giving
ninety (90) days' advance written notice.
13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice
to the Employer.
13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trus-
tee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declara-
tion, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and
responsibilities for the Trust.
10
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ARTICLE XIV
Limited Effect of Plan and Trust
Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or
account, nor the payment of any benefits, shall be construed as giving to any person covered under the
Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or
any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this
Declaration.
ARTICLE XV
Protective Clause
Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any con-
tract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the
part of the ,n,s,urer or provider to make payments provided by such contract, or for the action of any per-
son which may de,L~y,p'ayment or render a contract vo-id or unenforceable in whole or in part.
11
IN WITNESS WHEREOF, the Employer and the Trustee have executed this Declaration by their respective
duly authorized officers, as of the date first hereinabove mentioned.
12
VI.-CONSENT AGENDA
ITEM C.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
r2J April 5,2005 March 14,2005 (Noon.) D June 7,2005 May 16, 2005 (Noon)
D April 19, 2005 Apri14,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF r2J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Approve agreement between Advanced Technical Education Consultants, Inc. (ATEC) and
the City of Boynton Beach.
EXPLANATION: This is a renewal of a previous agreement between ATEC and the City of Boynton Beach. The
agreement allows for paramedic students from A TEC to obtain their clinical field training with our Fire Rescue
Department. Approval of this agreement will allow members of our Fire Rescue Department enrolled in A TEC's
paramedic program to perform their clinic ride time with our department.
PROGRAM IMP ACT: Provides an opportunity to allow Boynton Beach Fire Rescue personnel to train as
paramedics in a familiar environment. Having our own students training under the supervision and leadership of our
Company Officers allows us to monitor the student's progress and train them as members of our own rescue teams.
FISCAL IMPACT: None
ALTERNATIVES: Not approve the agreement and force paramedic students to receive their field training at other
fire rescue departments.
c. ~
~
City Manager's Signature
epartment Head's Signature
Fire Rescue
Department Name
.~
City Attorney / Finance / Human Resources
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R05-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE MAYOR AND
7 CITY CLERK TO EXECUTE AN AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 ADVANCED TECHNICAL AND EDUCATION
10 CONSUL T ANTS (A TEC); AND PROVIDING FOR AN
II EFFECTIVE DATE.
12
13 WHEREAS, the Boynton Beach Fire Rescue has been a clinical training site for
14 MT and Paramedic students for many years; and
15 WHEREAS, this Agreement allows A TEC students to ride with Boynton Beach Fire
16 escue crews to gain valuable clinical experience treating patients; and
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
Each Whereas clause set forth above IS true and correct and
20 ncorporated herein by this reference.
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 ereby authorizes the Mayor and City Clerk to execute an Agreement between the City of
23 oynton Beach and Advanced Technical and Education Consultants, which is attached hereto
24 nd made a part hereof.
25
Section 3.
That this Resolution shall become effective immediately upon passage.
26
:\CA\RESO\Agreements\A TEC Agreement-Fire Rescue.doc
PASSED AND ADOPTED this _ day of April, 2005.
2
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
Corporate Seal)
:\CA \RESO\Agreements\A TEC Agreement-Fire Rescue.doc
AGREEMENT
THIS AGREEMENT IS made and entered into this day of
, 2005, by and between the CITY OF BOYNTON
BEACH, a Florida Municipality, hereafter referred to as "CITY", and Advanced
Technical and Education Consultants, Inc., 5033 Okeechobee Blvd., West Palm Beach,
Florida 33417, a private corporation under the laws of the State of Florida, hereinafter
referred to as "A TEC".
WITNESSETH:
WHEREAS, ATEC and the CITY desire to enter into a contractual arrangement
to provide for the education and training of individuals for the position of Paramedic and
Emergency Medical Technician (EMT) with the CITY.
NOW, THEREFORE, it is understood and agreed between the parties hereto as
fonows:
1. ATEC has undertaken to educate and train students In the City's
Paramedic and EMT programs.
2. The programs shan be under the auspice of A TEC as defined in Chapter
401, Florida Statutes, and Rule 64E-2.036, Florida Administrative Code
related to training programs.
3. This agreement shan continue for 1 year and may be renewed annuany by
the mutual consent of both parties. In the event that either party desires to
terminate the arrangement prior to the renewal date, notice is to be given
by the party desiring to terminate to the other party in writing, but such
termination shan not be effective until such time as an then enrolled
students have had an opportunity to complete their program.
4. Any notice required or permitted to be given under this Agreement
shan be in writing and mailed to:
S:\CA IAGMTS\BBFDIA TEC AGREEEMENT 200S.doc
CITY OF BOYNTON BEACH
ATEC, Inc.
City Manager
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
Rhonda McCartt, President
5033 Okeechobee Blvd.
West Palm Beach, FL 33417
5. Students in the Paramedic and EMT program are subject to the rules and
regulations of ATEC, Chapter 401, Florida Statutes and Rule 64E-2.036,
Florida Administrative Code, related to training programs.
6. ATEC agrees to adhere to the policy and procedures established by the
CITY to include Exposure Control Plan for Bloodborne Pathogens and all
related Infectious Control Policies.
7. A TEC agrees to consult with the CITY designee selecting clinical
experiences for the students of the program. Provide a list of students and
their dates of attendance to the CITY.
8. A TEC further agrees to hold harmless and indemnify the City or any of its
officers, employees, agents, representatives or servants from any and all
damage, actions, suits, claims or demands of whatever kind, made by or
on behalf of any person or entity as a result of ATEC'S presentation
regarding ownership and right of possession to the Property, including but
not limited to reasonable attorneys fees, all costs of litigation and
investigation expenses caused by said damage, actions, suits, claim or
demand at both trial and appellate levels.
9. CITY agrees to provide A TEC with the necessary facilities for clinical
experiences for Paramedic and EMT instruction.
10. CITY agrees to cooperate with ATEC in the assignments of the students at
CITY with staff of A TEe.
11. CITY agrees to provide liaison between the CITY administrator and
ATEC'S, Paramedic Program Coordinator.
12. CITY agrees to provide for supervision at all times for students
participating in the clinical setting at the CITY.
S:\CA \AGMTS\BBFD\A TEC AGREEEMENT 200S.doc
13. Both parties agree to reqUIre that each student provide at their own
expense the following:
a. Uniforms
b. Laundry Service
c. Transportation
d. Meals
e. Physical examination
f. Required immunizations
g. Hospital and medical treatment.
h. Personal/private accident insurance or evidence of such
protection Professional Liability insurance coverage of not less than
$1,000,000 per occurrence and $3,000,000.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CITY OF BOYNTON BEACH, FLORIDA
By:
Mayor
Approved as to form:
By:
City Attorney
ATTEST:
City Clerk
S:\CA \AGMTS\BBFD\A TEC AGREEEMENT 200S.doc
ADV ANCED TECHNICAL &
EDUCATIONAL CONSULTANTS, INC.
By:
Name:
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared [Owner] , and acknowledged
he executed the foregoing Agreement for the use and purposes mentioned in it, and that
the instrument is his act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on this _ day of 2005.
NOTARY PUBLIC
My Commission Expires:
S:\CA \AGMTS\BBFD\A TEC AGREEEMENT 2005.doc
Boynton Beach Fire Rescue
Memo
To: Deputy Chief Ness
From: Michael Landress EMSC
cc: Deputy Chief Carter
Date: 3/3/2005
Re: ATEC Agreement
DC Ness,
I'm seeking approval for renewal of this previous contract between The City Of Boynton Beach and
Advanced Technical Education Consultants, Inc. (ATEC). The agreement will allow Boynton Beach
Fire Rescue employees who are currently (and future students) attending the Paramedic program at
ATEC, the ability to fulfill their clinical field training with our department. This is beneficial for the student
and our department in that, it gives our Company Officers a chance to closely monitor the student's
progress. Our employees will be learning from our senior paramedics and gaining valuable knowledge
of what is expected of them as a paramedic with Boynton Beach Fire Rescue. The students will be
learning our EMS Protocols and following our practices and procedures rather then learning from
another fire rescue agency. I have received positive feedback from all the Chief Officers and believe
this agreement will prove quite beneficial to our paramedics.
ResP8.ctfully submitted,
~i~~ ~~~~~~~~~~"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORJ.\t1
VI.-CONSENT AGENDA
ITEM C.6
Requested City Commission Datc Final Form Must bc Turncd
Mecting Datcs in (0 City Clcrk's Oi'liee
[8J April 5,2005 March 14,2005 (Noon.) 0
0 April 19,2005 April 4. 2005 (Noon) 0
0 May 3. 2005 April 18.2005 (Noon) 0
0 May 17.2005 May 2, 2005 (Noon) 0
Requcsted City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
June 7, 2005
May 16.2005 (Noon)
Junc 21 , 2005
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June 6, 2005 (Noon)
July 5, 2005
:-.J
June 20, 2005 (Noon) f
W
July 19,2005
July 5, 2005 (Noon) -,..,
\-~:'
0 Development Plans ':-::>
0 New Business
0 Legal
0 Unfinished Business
0 Presentation
"
.. -", ~ ","
--I
, (.:J
~ ):.:::
NATURE OF
AGENDA ITEM
o Administrative
[8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
C::J
~:r:;;
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~
RECOMMENDA TION: Staff requests that Commission approve the attached Subgrant Agreement between the
City of Boynton Beach and the State of Florida in order to provide for statewide interoperable communications
capabilities between the Boynton Beach Police and Fire Rescue Departments and other public safety agencies. The
agreement has been reviewed and approved by the City Attorney's office for legal form and sufficiency.
EXPLANATION: The United States Department of Justice has provided funds to the State of Florida to implement a
statewide interoperable radio communications gateway which will allow public safety agencies throughout Florida to
communicate with each other, using their own radio systems. The State of Florida will be responsible for installing
the gateway in the Boynton Beach Communications Center.
PROGRAM IMPACT: None - The State of Florida is responsible for installation, maintenance, and all other costs
associated with the communications gateway, and retains ownership of the item as a condition of the subgrant.
FISCAL IMPACT: While there currently is no fiscal impact on the City, recurrent costs for T-l phone lines and
maintenance maybe an issue in several years. The state is attempting to secure additional funding for those recurrent
items, however, they have no guarantees at this point in time. Approximate yearly expense $10,000
AL TERNA TIVES: Not enter into the subgrant agreement and lose the ability to provide a redundant level of
emergency communications between public safety agencies within the State of Florid
Communications Department
Department Name
~5..
y Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
SION - Florida's Domestic Security Intcroperability Project
A"t"'t~~~~-\-
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Page 1 of 1
FAQs
Category
General
FAQs
Project Finances
How is this being funded?
Due to its importance and service to every county in the state, the Domestic Security Oversi[
project as the number one communications priority for Federal Homeland Security funds for t
the first two years are $25,865,544. A third-year ($10.7 million) has been allocated by the DS
will act on this recommendation in spring 2005.
What will the grant funds cover? Are there any expenses for my agency?
For the 10 network, Federal funding will pay for the network components (hardware and softv
consoles, installation of new network connections or upgrading existing ones, training, projec
including interfacing to the local systems, and ongoing service and help desk. Local funding (
capacity.
The funding for ongoing operations and maintenance is assumed to be a local responsibility'
available. All equipment is covered by warranty and the dispatch consoles have a three-year
~ for maintenance until July 2007. Once maintenance charges begin, the cost for dispatch cent
servers will be approximately $4425 annually.
For the 10 network, the average cost of telecommunications will vary depending on whether I
the cost of network connectivity in each county. The STO estimates that annual costs, at cun
$5000 and $6000. The STO is working with telecommunications providers to lower these cos
upcoming SUNCOM replacement, will provide significantly improved rates for those presentll
estimates.
· Specifically, the contract will provide dispatch centers with:
. Radio gateway unit (R-GU);
· Workstation gateway unit (WS-GU);
· Dispatch console computer with flat screen monitor, speakers and microphone;
· An average of four interfaces to local radio systems;
· Installation of new network line or enhancement of existing line and line charges through
additional grant funds are appropriated), as needed;
. Installation;
. 24x7 service and help desk; and
. Training.
The average value of the equipment and services provided by the grant at each site is $44,2!
final configuration of equipment at each location.
f\'loti
http://sion.motoro la.com/pages.aspx ?page= faq_ 6
3/3/2005
A ('1'to\ d"""~,,,,,~ 15
CITY OF BOYNTON BEACH
City Attorney's Office
Memorandum
TO:
Brenda LeVant, Interim Communications Manager
FROM:
David N. Tolces, Assistant City Attorney
'l7nT
DATE:
February 14, 2005
RE:
City of Boynton Beach ("City")\ Sub-grant Agreement for Equipment for Florida
Strategy with State of Florida, State Technology Office ("Agreement")
Pursuant to your request I have reviewed the proposed Agreement between the City and the State
of Florida Technology Office ("STO") to provide for funds for the acquisition of one radio
interoperability gateway system and adequate space and facilities for the equipment, in
association with the Florida Terrorism Strategy program. The Agreement is satisfactory in its
current form, and should be forwarded for approval by the City Commission.
Should you have any questions or wish to discuss this matter further, please do not hesitate to
contact my office.
DNT:dnt
h:\1990\900 I 82.bblmemo 2005\1evant (radio system).doc
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RESOLUTION NO. R 05-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE EXECUTION OF THE SUBGRANT AGREEMENT
FOR EQUIPMENT FOR FLORIDA STRATEGY
BETWEEN THE CITY OF BOYNTON BEACH AND
STATE OF FLORIDA, STATE TECHNOLOGY OFFICE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Department of Justice has provided funds to the State of
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Florida to implement a statewide interoperable radio communications gateway which will allow
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public safety agencies throughout Florida to communicate with each other, using their own
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radio systems; and
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WHEREAS, upon recommendation of staff, the City Commission has determined that
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it is in the best interests of the residents of the City to execute a Subgrant Agreement for
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Equipment for Florida Strategy, in conjunction with the U.S. Department of Justice and allows
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the State of Florida to provide for statewide interoperable communications capabilities between
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the Boynton Beach Police and Fire Rescue Departments and other public safety agencies.
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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
28
being true and correct and are hereby made a specific part of this Resolution upon adoption
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hereof.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
31 authorizing execution of the Subgrant Agreement for Equipment for Florida Strategy with the
S:\CA\RESO\Agreements\Grants\Subgrant Agreement for Equipment for Florida Stategy 05.doc
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State of Florida, State Technology Office, which is attached hereto as Exhibit "A".
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PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA\RESO\Agreements\Grants\Subgrant Agreement for Equipment for Florida Stategy 05.doc
Contract Number:
CFDA Number:
MA5906-65
16.007
SUBGRANT AGREEMENT FOR
EQUIPMENT FOR FLORIDA STRATEGY
THIS AGREEMENT is entered into by and between the State of Florida, State Technology Office, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "STO"), and the City of Boynton Beach
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the State of Florida is vulnerable to a wide array of disasters, which includes disasters
caused by terrorist acts; and
B. WHEREAS, the parties desire to improve the capability and the coordination of the State of Florida and
its local and regional agencies of government to respond to terrorist acts; and
C. WHEREAS, the Department of Community Affairs has prepared and had approved by the U.S.
Department of Justice, the State and Local Domestic Preparedness Equipment Program Florida
Strategy, dated September 20,2001 ('the Florida Strategy"), to allow the State of Florida to participate
in the State and Local Domestic Preparedness Equipment Program; and
D. WHEREAS, the Department of Community Affairs has received these grant funds from the federal
government and has the authority under the Emergency Management Act, as amended, to subgrant
these funds and to otherwise provide assistance to improve the disaster response capabilities of local
governments; and
E. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
F. WHEREAS, the STO has authority pursuant to Florida law to disburse the funds under this Agreement.
NOW, THEREFORE, the STO and the Recipient do mutually agree as follows:
-1-
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment B
of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient and the STO shall be governed by applicable State and Federal laws, rules and
regulations, including but not limited to those identified in Attachment A.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall continue conterminously with the
STO Interoperability Contract # MA5906, unless terminated earlier in accordance with the provisions
of Paragraph (7) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes, which are
mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
"Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal
Register 8034) or OMB Circular No. A-I 10, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations."
If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis,
the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued, and shall allow the STO
or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient
shall ensure that audit working papers are made available to the STO or its designee, Comptroller, or
-2-
Auditor General upon request for a period of five years from the date the audit report is issued, unless
extended in writing by the STO, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five-year period
and extends beyond the five-year period, the records will be maintained until all
litigation, claims or audit fmdings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or
more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for three years after
closing of title.
(c) All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Scope of Work - Attachment B
- and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable times to
the STO, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors
retained by the STO.
(e) Any additional terms and conditions pertaining to record, and all terms and conditions
pertaining to property management and procurement under this Agreement are set forth in
Attachments.
(6) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to
parties with whom it shall deal in carrying out the terms of this agreement, and shall save the SIO
harmless against all claims of whatever nature by third parties arising out of the performance of
work under this agreement. For purposes of this agreement, Recipient agrees that it is not an
employee or agent of the STO, but is an independent contractor.
-3-
(b) Any Recipient who is a state agency or subdivision, as defmed in Section 768.28, Fla. Stat.,
agrees to be fully responsible to the extent provided by Section 768.28, Fla. Stat.. for its negligent
acts or omissions or tortuous acts which result in claims or suits against the STO, and agrees to be
liable for any damages proximately caused by said acts or omissions. Nothing herein is intended
to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State
of Florida to be sued by third parties in any matter arising out of any contract.
(7) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of
Management and Budgeting, or if any of the following events occur (liE vents of Default "), all
obligations on the part of the STO to make any further donations or payment of funds hereunder
shall, if the STO so elects, terminate and the STO may, at its option, exercise any of its remedies
set forth herein, but the STO may make any payments or parts of payments after the happening of
any Events of Default without thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the STO shall at any time be false or misleading in any respect,
or if the Recipient shall materially fail to keep, observe or perfonn any of the tenns or
covenants contained in this Agreement, and has not cured such in timely fashion, or is
unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the Recipient
at any time during the tenn of this Agreement from the financial condition revealed in
any reports filed or to be filed with the STO, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the
STO.
3. If any reports required by this Agreement have not been submitted to the STO or have
-4-
been knowingly submitted with substantial information that is incorrect, incomplete or
insufficient information;
4. If the Recipient has failed. to a substantial degree, to perform and complete in timely
fashion any of the services required under the Scope of Work: attached hereto as
Attachment B.
(b) Upon the happening of an Event of Default, then the STO may, at its option, upon thirty (30)
calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure,
exercise anyone or more of the following remedies, either concurrently or consecutively, and the
pursuit of anyone of the following remedies shall not preclude the STO from pursuing any other
remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days
prior written notice of such termination. The notice shall be effective when placed in the
United States mail, first class mail, postage prepaid, by registered or certified mail-return
receipt requested, to the address set forth in Paragraph (8) herein;
2. Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
3. Exercise any other rights or remedies which may be otherwise available under law;
(c) The STO may terminate this Agreement for cause upon such written notice as is reasonable
under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of
compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Non compliance with any terms of this Agreement and the Scope of Work, Attachment B of
this Agreement, by the Recipient shall result in termination of Agreement, which will require
return of the equipment to the STO.
(e) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as
amended. Notification of suspension or termination shall include notice of administrative hearing
-5-
rights and time frames.
(f) In addition to any other remedies, the Recipient shall return to the STO any granted equipment
or supplies which were used for ineligible purposes under the program laws, rules, and regulations
governing the use of the funds under the program.
(g) This Agreement may be terminated by the written mutual consent of the parties. In addition.
the Recipient has the option to unilaterally terminate this Agreement. Upon termination of the
Agreement, either by mutual consent or unilateral action of either party, all supplies and
equipment shall be returned to the STO by the Recipient.
(8) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or fIrst class, certifIed mail, return receipt requested, to the representative identifIed
below at the address set forth below and said notifIcation attached to the original of this
Agreement.
(b) The STO designates Nicole Hill as the STO's Contract Administrator. All communications,
written or oral, relating to this Agreement shall be directed to her at:
State Technology Office
4030 Esplanade Way, Suite 235E
Tallahassee, Florida 32399-0950
Telephone: 850922-7543
Fax: 850413-8623
Email: nicole.hill@myflorida.com
The Project Officer for this Agreement is Linda Fuchs. She can be contacted for technical
assistance relating to this Agreement at the above address, telephone 850/488-8036, or e-mail
linda. fuchslalmvflorida.com.
-6-
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
City of Boynton Beach Communications
Attn.: Brenda LeVant
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33345
Telephone: (561) 742-6032
Fax: (561)742-6039
Email: levanb@ci.boynton-beach.fl.us
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (8)(a) above.
(9) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any
subsequent submission or response to STO request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof, or any material changes shall, at the
option ofthe STO and with thirty (30) days written notice to the Recipient, cause the termination
of this Agreement and the release of the STO from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
(c) No waiver by the STO of any right or remedy granted hereunder or failure to insist on strict
performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy
ofthe STO hereunder, or affect the subsequent exercise of the same right or remedy by the STO
for any further or subsequent default by the Recipient. Any power of approval or disapproval
-7-
granted to the STO under the terms of this Agreement shall survive the tenns and life of this
Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336,42 V.S.C. Section 12101~, if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(t) A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of Category Two for a period of 36 months from the date
of being placed on the convicted vendor or discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
I. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a fedeml STO or agency;
2. have not, within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transaction; violation offedeml or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
-8-
3. are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any offenses enumerated in Paragraph
9(g)2. of this certification; and
4. have not within a three-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certifY to any of the statements in this certification,
such Recipient shall attach an explanation to this Agreement.
(10) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain fmancial procedures and support documents, in accordance
with generally accepted accounting principles, to account for the receipt and expenditure of
federal resources under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or audit by state
personnel and other personnel duly authorized by the STO. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business hours of8:00 a.m. to 5:00
p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the STO with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the federal resources awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-B3, as revised, and in the event that the Recipient expends $300,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-I33, as revised. EXIDBIT I to
this Agreement indicates Federal resources awarded through the STO by this Agreement. In
determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources
of Federal awards, including Federal resources received from the STO. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-B3, as revised. An audit of the Recipient conducted by the Auditor General in
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accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of
this paragraph.
In connection with the audit requirements addressed in Paragraph 10(d) above, the Recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted
in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects
to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised,
the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be
paid from Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by Subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the
following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A- 133, as revised (the number of
copies required by Sections .320(d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
-10 -
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A-B3, as revised.
(t) Pursuant to Section .320 (t), OMB Circular A-I33, as revised, the Recipient shall submit a
copy of the reporting package described in Section .320 (c), OMB Circular A-B3, as revised, and
any management letter issued by the auditor, to the STO at each of the following addresses:
Gina Gibson
State Technology Office
4030 Esplanade Way, Suite 235M
Tallahassee, Florida 32399-0950
(g) Any reports, management letter, or other information required to be submitted to the STO
pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the STO for audits done in
accordance with OMB Circular A-B3 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the
reporting package.
(i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of five years from the date the audit report is issued, and shall allow
the STO, or its designee, the Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the STO, or its
designee, the Comptroller, or Auditor General upon request for a period of five years from the date
the audit report is issued, unless extended in writing by the STO.
(11) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
-11-
(12) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments hereto, the language of such attachments shall be controlling, but only to the extent of
such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1: Funding Sources
Attachment A: Program Rules and Regulations
Attachment B: Scope of Work
Attachment C: System Overview
(13) FUNDING/CONSIDERATION
This is a goods, equipment and supplies grant Agreement. The STO will grant to the Recipient
certain equipment and supplies in order to fulfill the purposes of the Florida Strategy.
(14) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance
with Chapter 216, Fla. Stat., or the Florida Constitution.
(b) 287.057(14)(a) Contracts for commodities or contractual services may be renewed for a
period that may not exceed 3 years or the term of the original contract, whichever period is longer.
Renewal of a contract for commodities or contractual services shall be in writing and shall be
Subject to the same terms and conditions set forth in the initial contract. If the commodity or
contractual service is purchased as a result of the solicitation of bids, proposals, or replies, the
price of the commodity or contractual service to be renewed shall be specified in the bid, proposal,
or reply. A renewal contract may not include any compensation for costs associated with the
renewal. Renewals shall be contingent upon satisfactory performance evaluations by the agency
and subject to the availability of funds. Exceptional purchase contracts pursuant to paragraphs
-12 -
(5)(a) and (c) may not be renewed.
(c) AIl bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted
in accordance with Section 112.061, Fla. Stat.
(e) The State Technology Office reserves the right to unilaterally cancel this Agreement for
refusal by the Recipient to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(t) Ifthe Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the STO or be applied against the STO's obligation
to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INA")]. The STO shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of
the employment provisions contained in Section 274A(e) of the INA shall be grounds for
unilateral cancellation of this Agreement by the STO.
(15) EOUIPMENT AND PROPERTY MANAGEMENT.
(a) The Recipient shall retain ownership of the unit and control over the placement, administration
and maintenance of said radio interoperability gateway system. Any change in placement
requires STO approval.
(b) The Recipient shall provide for the recurrent costs of the radio interoperability gateway. Such
costs include, but are not limited to, telecommunications and annual maintenance.
(16) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority to
-13 -
receive the funds to be provided under this Agreement and that, if applicable, its governing body
has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with
all covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind Recipient to the terms of this Agreement.
(17) RECEIVING AND INSPECTION CONTACT.
The name of the person responsible to sign for and inspect all goods and equipment provided
under this agreement is Brenda LeVant or Gwen Johnson. All goods and equipment should be
delivered to his attention at 100 East Boynton Beach Blvd., Boynton Beach, FL 33345.
-14-
IN WIlNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials
as duly authorized
Recipient:
STATE OF FLORIDA,
STATE TECHNOLOGY OFFICE
By:
By:
Name: Jerry Taylor
Name: John Ford
Title: Mayor
Title: Chief Enterprise Security Officer
Date:
Date:
By:
Name: Kurt Bressner
Title: City Manager
Date:
FEID#: 596000282
-15 -
EXHIBIT -1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Program: United States Department of Justice, Office of Justice Programs
CFDA: 16.007
Equipment Value: $44,250-$53,000 depending on final configuration of equipment
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO TillS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program: Department of Justice Domestic Preparedness Equipment Grant must be used to
purchase equipment for use in Domestic Preparedness
STATE RESOURCES A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT MAY
CONSIST OF THE FOLLOWING:
I. Radio interoperabiIity gateway system.
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
N/A
NOTE: Section .400(d) ofOMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to
the recipient.
-16-
Chapter 252, Florida Statutes
28 C.F.R.
Attachment A
Program Statutes and Regulations
- 17-
Attachment B
Scope of Work
If applicable to the Recipient, this agreement is entered into as an addendum to current statewide mutual
aid agreements and is for the purpose of receiving specialized equipment and participation as a State of Florida
Regional Terrorism Response Asset.
The Recipient shall maintain, in a satisfactory operational condition, all goods and equipment provided to it
under this agreement (see System Overview, Attachment C) for the normal expected operating lifetime or shelf life
of said goods and equipment. This includes routine maintenance, repairs, calibration, etc. The Recipient is not
responsible for replacing goods or equipment that has reached the end ofits normal life expectancy or exceeded its
posted shelf life. The equipment, goods, and supplies ("the eligible equipment") provided under this agreement are
for the purposes specified in the State and Local Domestic Preparedness Equipment Program Florida Strategy,
hereinafter referred to as the "Florida Terrorism Strategy" or the Florida Comprehensive Emergency Management
Plan. The Recipient specifically agrees to:
1. Upon notification by the STO, the Recipient will in accordance with the statewide mutual aid
agreement or other emergency response purpose as specified in the "Florida Terrorism Strategy"
respond to any and all incidents within its regional response area with all available and eligible
equipment and resources which it needs and is reasonably required for the response, for so long as this
agreement remains in effect. Prior to requesting a response, the STO will take prudent and appropriate
action to determine that the level or intensity of the incident is such, that the specialized equipment and
resources are necessary to mitigate the outcome of the incident.
2. Acknowledge the receipt of one (I) radio interoperability gateway system and provide adequate space
and facilities for the equipment.
3. The radio interoperability gateway system is to be utilized in the event of emergencies, including, but
not limited to, terrorism-related hazards.
4. During the term ofthis agreement, the Recipient shall participate in not less than one (1) regional
training event per year, and in not less than one (1) regional exercise or terrorist event simulation per
year as scheduled by the Regional Domestic Security Task Forces.
5. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise
dispose ofthe eligible equipment without the prior written consent of the STO.
6. Deployment of a radio interoperability gateway system requires appointment of an individual who can
coordinate installation activities at the Recipient's location. The Recipient shall be responsible for
assuring the availability of an individual for this purpose. The Recipient will respond in a timely
manner to project deadlines.
7. Operation of the radio interoperability gateway system requires one (1) individual. The Recipient shall
be responsible for assuring the availability at least one (1) individual for this purpose and associated
training.
8. The Recipient shall ensure that the radio interoperability gateway system will be used in accordance
with policies and procedures developed by the Regional Domestic Security Task Forces.
If any additional funding becomes available for equipment maintenance, replacement or repair, recurrent costs,
training, and/or exercises, Recipient will be eligible to receive a portion of said funds. At this time the parameters to
any additional monies have not been defined. Recipient will be notified if additional monies become available.
-18 -
Attachment C
System Overview
Each Recipient will have the following equipment installed:
I. Radio Gateway Unit (R-GU) (may be shared with other centers at the same location)
2. Workstation Gateway Unit (WS-GU)
3. Soft Switch Radio Network application
4. Dispatch computer with IS" flat panel monitor, keyboard. headset, desktop microphone and speakers
5. Interface modules to local mdio systems
6. Telecommunications lines to SUNCOM/MyFloridaNet network with associated router
Note: The Subgrant Agreement will be amended if there are any significant changes to the above list based on local
conditions.
Each Recipient will receive training for a minimum of one (l) staff member in use of the system.
- 19-
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i"ON 10
1 VI.-CONSENT AGENDA
ITEM C.7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
1X1 April 5, 2005
D April] 9, 2005
D May 3, 2005
D May]7,2005
March ]4,2005 (Noon.)
o June 7, 2005
o June 2], 2005
o July 5, 2005
o July] 9, 2005
May ]6, 2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April ]8,2005 (Noon)
June 20, 2005 (Noon)
May 2,2005 (Noon)
July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
1X1 Consent Agenda
D Public Hearing
D Bids
o Announcement
D City Manager's Report
D Development Plans
o New Business
D
o
o
Legal
Unfmished Business
L."")
Presentation
CJ
. ~-!
"_.' :
(')--1
-:-<
.<0
., ...-) --r:
-
):i"t
:;0
-.J ,C_(
RECOMMENDATION: Motion to approve the creation of a Conservation Easement north of the eastern termimtltPf",~:~
Boynton Beach Boulevard (and extension thereof) and east of the existing stormwater encatchment area in accordaiiee ~ Si2
the South Florida Water Management District (SFWMD) Pennit No. 50-04166-P in order to preserve and/or mitigaxe e~
tl d .-- -- III
we an s. ("")J>
f'l'lC')
EXPLANATION: The City of Boynton Beach Community Redevelopment Agency (CRA) is requesting the creation ofa ==
conservation tract as part of the requirements to the SFWMD pennit, of the conservation easement at defmed in Section
704.06, F .S. (2004), and that a Deed of Conservation Easement be executed in favor of the Grantee (SFWMD) for this action.
A copy of the Deed document is attached.
CD
'0
PROGRAM IMPACT: CRA desires for the development of the Boynton Beach Boulevard extension to the Intracoastal
Waterway will be hampered.
FISCAL IMPACT: N/ A
ALTERNATIVES: None
(~~
City Manager's Signature
Public Works/Engineering Division
Department
City Attorney / Finance / Human Resources
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. ROS-
2
3 A RESOI~UTION OF THE CITY OF BOYNTON BEACH,
4 FI~ORIDA, CONVEYING A DEED OF CONSERVATION
5 EASEMENT FROM THE CITY OF BOYNTON BEACH
6 TO THE SOUTH FLORIDA WATER MANAGEMENT
7 DISTRICT; AND PROVIDING FOR AN EFFECTIVE
8 DATE.
9
10 WHEREAS, in accordance with South Florida Water Management District (SFWMD)
11 Permit No. 50-04166-P, in order to preserve and/or mitigate existing wetlands, a Conservation
12 Easement north of the eastern terminus of Boynton Beach Boulevard, and extension thereof,
13 and east of the existing stormwater encatchment area is necessary; and
14 WHEREAS, the City of Boynton Beach Community Redevelopment Agency is
15 requesting creation of a conservation tract as part of the requirements of the SFWMD Permit as
16 defined in Section 706.06, F.S. (2004); and
17 WHEREAS, the City Commission upon recommendation of staff, deems it appropriate
18 to convey a Deed of Conservation Easement to the South Florida Water Management District.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
Each Whereas clause set forth above is true and correct and incorporated
22 herein by this reference.
23
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
24 convey a Deed of Conservation Easement to the South Florida Water Management District, a
25 copy of which is attached hereto as Exhibit "A".
26
Section 3.
That this Deed of Conservation Easement will be recorded in the Public
27 Records of Palm Beach County, Florida.
S:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD.doc
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1
Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD.doc
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this day
of , 2005, by the City of Boynton Beach, 100 East Boynton Beach
Blvd, Boynton Beach, FL 33435 ("Grantor") to the South Florida Water Management
District ("Grantee"). As used herein, the term Grantor shall include any and all heirs,
successors or assigns of the Grantor, and all subsequent owners of the "Property" (as
hereinafter defined) and the term Grantee shall include any successor or assignee of
Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach
County, Florida, and more specifically described in Exhibit A attached hereto and
incorporated herein ("Property"); and
WHEREAS, the Grantor desires to construct a cul-de-sac at the eastern
terminus of Boynton Beach Blvd. ("Project") at a site in Palm Beach County, which is
subject to the regulatory jurisdiction of South Florida Water Management District
("District") and the U S Army Corps of Engineers (Corps); and
WHEREAS, District Permit No. 50-04166-P and Corps File No SAJ-2004-1205
(IP-JBH) authorizes certain activities which affect surface waters in or of the State of
Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate
wetlands under the District's and the Corps' jurisdiction; and
WHEREAS, the conservation easement shall not prohibit reasonable pedestrian
access and egress to the Intracoastal Waterway pursuant to the goals of the City of
Boynton Beach Community Redevelopment Agency (CRA); and
WHEREAS, the Grantor has developed and proposed as part of the permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2004), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt of
Standard Passive Recreation form - July, 2001
loffi
which is hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever.
The scope, nature, and character of this conservation easement shall be as
follows:
1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. After providing rea~onable notice to Grantor, to enter upon the
Property at reasonable times with any necessary equipment or vehicles to enforce the
rights herein granted in a manner that will not unreasonably interfere with the use and
quiet enjoyment of the Property by Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground, except for that which is
reQuired for reasonable pedestrian access and egre~s to the Intracoa~tal Waterway
pursuant to the goals of the eRA;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
Standard Passive Recreation form - July, 2001
2 of ()
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Passive Recreational Facilities. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited
herein and that are not inconsistent with any District rule, criteria, the Permit and the
intent and purposes of this Conservation Easement. Passive recreational uses that are
not contrary to the purpose of this conservation easement may be permitted upon written
approval by the District.
a. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as docks, boardwalks, or mulched
walking trails.
b. The construction and use of the approved passive recreational
facilities shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent
possible, impact to any wetland or upland buffer areas within the
Conservation Easement Area and shall avoid materially diverting the
direction of the natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
iii. This conservation easement shall not constitute permit
authorization for the construction and operation of the passive
recreational facilities. Any such work shall be subject to all
applicable federal, state, District, or local permitting requirements.
Standard Passive Recreation form - July, 200 I
1 off)
.",.' .~.?.. ....""-~..,"""."''';'''',..~'''';.,;j:".
4. No right of access by the general public to any portion of the Property is
intended to be conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments, if any,
levied by competent authority on the Property. However, nothing herein shall prohibit
Grantor from taking any legal action to assert its status as a tax exempt entity
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the nonprevailing party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes. Grantee shall not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11 This easement shall be recorded in the public records of Palm Beach
County and shall be deemed to be a covenant running with the land
12. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor-in-interest. All
such communications to the Grantor shall be sent to the attention of the General Counsel
at the address provided herein
13.. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or its slJccessor, and assigns, which
shall be filed in the public records in Palm Beach County.
Standard Passive Recreation form - July, 2001
40fo
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions, and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of his conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
has hereunto set its
,20_
IN WITNESS WHEREOF,
authorized hand this day of
Signed, sealed, and delivered
in our presence as witnesses:
A Florida corporation
Print Name:
By:
Print Name:
Title:
Print Name:
Standard Passive Recreation form - July, 2001
:) of ()
<,..*'""'--,"_......._jIl;''',;.';,.,;..;~,',~:,'~.,.-,
STATE OF FLORIDA
) ss:
COUNTY OF
On this day of , 20_ before me,
the undersigned notary public, personally appeared , personally
known to me to be the person who subscribed to the foregoing instrument and did not
take an oath, as the (position) , of
(corporation) , a Florida corporation, and acknowledged that he
executed the same on behalf of said corporation and that he was duly authorized to do
so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
My Commission Expires:
South Florida Water Management District
Legal Form Approved:
Date: July, 2001
Standard Passive Recreation form - July, 2001
() of ()
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CITY OF BOYNTON BEACH
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FL 33435
PHONE (561) 742-6480
FAX (561) 742-6285
Date: March 29, 2005
To: Jeffrey R. Livergood, P.E.
Director, Public Works
Subject: Boynton Beach Blvd. Extension Conservation Easement
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
Copies Pages Description
1 1 Revised Conservation Easement
Jeff,
Attached is a copy of the revised conservation easement for the Extension project. The
added language, which I have highlighted, was inserted at the request of the COE after
we had already submitted our agenda request to the City Clerk's office.
I am providing clean copies to the Clerk's office for insertion in the Commission's
packages. I believe this will need to be brought to the attention of the Commission at the
pre-agenda meeting Friday.
Please feel free to contact me if you have any questions or need additional information I
cc: File
J:\SHRDA T A\Engineering\Logan\Transmittal.doc
VI.-CONSENT AGENDA
ITEM 0.1.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Connnission Date Final Form Must be Turned Requested City Connnission Date Final Fonn Must be Turned
Meetinll Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office
~ April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
r j April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3,2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the April 5, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that staff's
recommendations regarding the subject request be approved on March 22,2005. For further details pertaining to the request,
see attached Department of Development Memorandum No. PZ 05-040.
EXPLANATION:
PROmCf:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P.E., Quantum Group of Companies
Quantum Group of Companies
QuantumParkPID
Request amendment to the Land Development Regulations to increase the allowable
building height from 45 feet to 5 stories in Mixed Use (MU) PODs of the Planned
Industrial District (PID) regulations.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
JJ~~ <
City Manager's Signature
tf{L
Planning and Zoning D' ctor City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\SPECPROJ\C REVIEW\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-006 4-
19-05.dot
S:\BUlLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-040
TO: Chair and Members
Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Ed Breese ~
Principal Planner
DATE: March 4, 2005
SUBJECT: CODE REVIEW (CDRV 05-006)
Quantum Park PID (Maximum Building Height in Mixed Use Pods)
NATURE OF REOUEST
Mr. Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's
Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45-
foot limitation contained within the Quantum Park Planned Industrial District (PID). The request is
specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" - Justification Statement).
BACKGROUND
The City's Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building
height within Planned Industrial Districts (PID). According to the current regulations, UNo building or
appurtenances thereof shall exceed forty-five (45) feet in height". To date, the residential construction
occurring within Quantum Park has been primarily townhomes and apartments, which complied with the
45-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOPC #15),
approved by the City Commission on February 15, 2005, providing for an increase in the allowable
number of dwelling units by 105, the Quantum Group would like to make provision for a vertical
condominium residential option.
ANALYSIS
The requested amendment would affect only those properties within a Planned Industrial District (PID)
designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID.
Staff reviewed the Quantum Park Master Plan (see Exhibit "B" - Quantum Park Master Plan), and the
only lots containing the "Mixed Use (MU)" designation are noted as follows:
Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard and were
approved for a townhouse development by DR Horton in 2002 known as Quantum Townhomes East &
West (now called Parkside). This project is nearly built-out.
Page 2
CDRV 05-006
Lots 59-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were
approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes
Villas. This project is complete.
Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of High Ridge
Road and were approved for an office, retail and rental apartment development by Olen Development in
2002 known as Quantum Park and Village South. The rental apartment component of this project is under
construction.
Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, abutting High Ridge
Road and were approved for an office, retail and townhouse development in 2002. The townhouse project
(now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is
currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park
is 94.86 acres, which is approximately 17% of the total acreage of the DR! (553.13 acres). Additionally,
only two of the "Mixed Use (MU)" pods are near the fringe of the PID, abutting single-family residential.
First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is
zoned single-family. Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out
and which abuts the L WDD E-4 Canal to the west and across the canal is the Dos Lagos residential
community.
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to
take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or
Quantum Park and Village North, since the office and retail components of these projects has not begun
construction. The subdivision master plan for either of these sites would require a formal modification and
review in front of the Board and City Commission to incorporate the additional units while reducing other
approved uses on the site.
Based upon discussions staffhas had with Olen Development, and their recent submittal for a Master Plan
Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park
and Village South to accommodate the additional dwelling units, while redesigning the office and retail
components. As justification for the request for additional height, Quantum states that "An increase in
height will encourage the conservation of natural amenities by accomplishing the vested development
intensities in a vertical manner in contrast to the land sprawl oflower height development".
During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban
Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a
result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations:
Revise Section 7.H.14 - Maximum Building Height, as follows:
Section 7.H 14 - Maximum Building Height. No building or appurtenances thereof within the
PID zoning district shall exceedforty-five (45) feet in height. with the exceDtion ofbuildin,?s in
a Mixed Use POD pursuant to Section 7.P.I. e.1.
Renumber and revise Section 7.P.l.e - Maximum Structure Height, as follows:
~~ ~~..'.~ ~tedlHlIlH Stl'Uctlll'e Height. },.foohsnies! elfNipnumt which $61woi",Je/y serves
Ihc otructu"e shsll ri8t be i1'lelNtkd i1'l the esleNla#sri of height.
Section 7.P.I.e.I) Maximum Building Heieht. The maximum buildine height within a Mixed
Page 3
CORY 05-006
Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code
thresholds for a high-rise classification.
Add two (2) new subsections, as follows:
Section 7.P.J.e.)) Heiflht Sethack EnveloD. Minimum building setbacks shall be based on
building heiflhts for buildings greater than fortv-five (45) feet in height. The height setback
envelop is avplicable where the Mixed Use development is ad;acent to an existini develoved
sin le- amil residential zonin district outside the PID. This minimum setback shall be three
'3 times the buildin hei ht or an multi amil or nonresidential structure. The setback shall
be measured from the common boundary of the PID and the existinfl single-family residential
zoning district or the midpoint of anv intervening nJ!:ht-of -wav.
As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which
allow mixed use in a vertical configuration, allow a height comparable to that being requested by the
applicant, make provisions to safeguard adjacent single family residential communities, and is being
utilized in the immediate vicinity in conjunction with the Renaissance Commons project.
SUMMARY
As a result of staffs analysis of the proposed changes submitted by the applicant and staff's review of the
existing SMU regulations, staff recommends the following amendments to the Pill district regulations,
which vary slightly from those suggested by the applicant:
Revise Section 7.H.14 - Maximum Building Height, as follows:
Section 7.HJ4 - Maximum Building Height. No building or appurtenances thereof with in the
PID zoning district shall exceed forty-five (45) feet in height. with the exception of buildings in
a Mixed Use Pod pursuant to Section 7.P.J.e.
Amend Section 7.P.1.e. - Maximum Structure Height, as follows:
~C:~t ~~.~.!.c AflBdmHIH Snwetll1'e Height. Mcehanieal equipment which eeelusi...ely serlCB
the str-uenwe shall net he included in the all/aula den e/ height.
1 The buildin hei ht shall be measured om the lowest ish oor slab elevation 0
the vroposed building or from the minimum base flood elevation as established b~
Page 4
CDRV 05-006
FEMA. whichever is highest. to the peak of the structure. including- any
architectural details. rooftop equipment. stairwells. elevator shafts. etc.
(2) Heiflht Setback Envelooe. Minimum buildinfl setbacks shall be based on
buildinfl heights for buildings greater than forty-five (45) feet in heiflht. The heig-ht
setback envelope is avplicable where the Mixed Use development is adiacent to an
existing developed sing-le-familv residential zoning district outside the PID. This
minimum setback shall be three (3) times the buildinfl height for any residential or
mixed use structure. The setback shall be measured from the common boundary
o the PID and the existin sin le- ami! residential zonin district or the mid oint
of anv intervening riflht-of-wav.
The slight changes recommended by staff, from the language proposed by the applicant, involve: (one)-
the further defining (clarifYing) of height in feet, rather than in stories; (two) - the utilization of SMU
language in requiring structures between 55 and 75 feet in height to be treated as a Conditional Use and
denoting that height exceptions are not allowed; (three) - the addition of FEMA floodplain criteria as an
additional option in determining the base of measurement for height.
RECOMMENDATION
Staff recommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, specific to height regulations within the Mixed Use pods of Pill zoning districts, be
approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of
the Suburban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (fonner Motorola
site), and similar regulations appear appropriate.
1:ISHRDATAIPLANNJNGISHAREDlWPIPROJECTS\QUANTUM PARK\MU POD HEIGHT CDRV.DOC
~~- QUANTUIV1
~~ G R 0 U P 0 F COM PAN I E S
EXHIBIT A
January 18,2005
Mr. Michael W. Rumpf, Director
City of Boynton Beach
Department of Development
Planning & Zoning Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
RE: Quantum Park DRI
CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT
Dear Mr. Rumpf:
Pursuant to a proposed development order condition for the pending NOPC for the above
referenced project we are requesting a code review, or more precisely a zoning code text
change, to accommodate the intended development. Provided with this request are the
following items.
1. Code Review Application Fee of $250.00, Check No. 1331, made payable to The
City of Boynton Beach.
2. Quantum Park PID Code Review Request Justification Statement and Discussion,
dated January 2005.
Please review the enclosed Justification Statement and schedule this Request for
consideration at the earliest possible date by the Planning and Development Board and
subsequently by the City Commission. Final consideration of this Request by the City
Commission on or before February 15, 2005 will not adversely impact the Project
development schedule.
If you should have any further questions, please feel free to contact me at any time.
Sincerely,
Eugene A: Gerlica, P .E.
ec: Doug MacDonald
David Norris, Esq. Cohen, Norris, et. aI., (w/encl)
Igor Olenieoff: Olen Development, (w/enel)
Steve Fike, Olen Development, (w/encl)
F:\Quantum LlmitedWOPCl $ CODE REVIEW Bldg HtlRumpf-ltr-CDRV200$-l-lO.doc
2500 Quantum lakes Drive, Suite 101
Boynton Beach. Fl33426
(5611740-2447 · Fax: (5611740-2429
e-mail: quantgrp@qgc.cc
QUANTUM PARK PID
CODE REVIEW REQUEST
JUSTFICATION STATEMENT AND DISCUSSION
INTRODUCTION AND PURPOSE
Quantum Park is zoned PID; it is greater than 500 acres in size and contains
a Mixed Use POD consisting of four (4) locations. This Code Review is
requested to propose a zoning text change that will allow building heights in
excess of the current maximum building height of 45 feet within the Mixed
Use POD of Quantum Park Pill. This Code Review request is submitted
pursuant to a proposed development order condition of the pending DR! _
NOPC! and Master Site Development Plan amendment currently under
consideration by the City.
JUSTIFICATION STATEMENT AND DISCUSSION
A maximum building height greater than 45 feet will allow Quantum Park to
optimize the stated intent and purpose of the PID district as set.forth in the
Code. Please consider the following.
An increased building height will better satisfy current demands for
Mixed Use lands by encouraging development which reflect changes in
land development trends relating to the topographic variety of the
Quantum Park site.
An increased building height will encourage the conservation of natural
amenities by accomplishing the vested development intensities in a
vertical manner in contrast to the land sprawl of lower height
developments.
An increased building height will pennit economies in providing public
servlces.
I DR! - Development of Regional Impact, NOPC - Notice of Proposed Change
QUANTUM PARK PID - CODE REVIEW REQUEST
January 2005
F:\Quantum LimitedWOPCl5 CODE REVIEW Bldg HtlCODE REVIEW-RvJ.doc
Page 1 of4
An increased building setback is proposed for buildings greater than 45
feet in height. The height setback envelope criteria will eliminate
adverse impacts to existing adjacent single-family zoned lands.
Over the years Quantum Park has evolved into a complex Mixed Use
development. Please consider the following historical perspective. In 1984,
Quantum Park was envisioned to be an emulation of the Silicon Valley type
development in California. Quantum Park with over 4.0 million square feet
of building area proposed for research and development companies would
compliment the newly constructed Motorola Plant and the ffiM campus in
Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the
development in Quantum Park includes nearly 2.0 Mil square feet of
warehouse/distribution space, a High School, a commuter train station, a
City Park, a private drug and alcohol rehabilitation facility, 1,000 residential
units and a proposed police and fire station.
Quantum Park and the City of Boynton Beach have evolved to include these
desirable Mixed Use pockets of development complete with high-density
residential and commercial space in close proximity. The high density and
close proximity are key to promote the pedestrian use of connectivity
facilities. Other examples of the mixed-use developments are the marina
project, the CRA and the Rennisance project. These mixed-use projects
include building heights in excess of 45 feet, some as great as 75 feet.
Quantum Park may well be the most unique site topographically in Palm
Beach County. The water management tracts are some of the lowest in the
County at elevation 8.00, while the natural grades are some of the highest at
elevations in excess of 40.00. The constructed finish floor elevations vary
from elevation 14.50 to in excess of elevation 35.00. An increased maximum
building height, particularly at the lower elevations, is not only appropriate,
but also desirable.
The proposed text amendment regarding the increased maximum building
height will provide the Code criteria that will allow taller multifamily
residential buildings. The individual homes may be a single floor product in
contrast to the multistory residential units now existing in Quantum Park.
An additional housing product of this nature can be offered consuming less
land area provided the maximum building height is increased.
QUANTUM PARK PID - CODE REVIEW REQUEST
January 2005
F:lQuantum LimltedWOPC15 CODE REVIEW Bldg HtlCODE REVlEW-RvJ.doc
Page 2 of4
CODE SECTION REFERENCE
Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code.
Section Seven (7) is the Planned Industrial Development District Code.
Text amendments to the following subsections of this Section are proposed
to address the maximum building height request.
Section 7 .H.14 - Maximum Building Height
Section 7.P.1.b - Definitions
Section 7.P .1.e - Maximum Structure Height
[This area left intentionally blank]
QUANTUM PARK PID - CODE REVIEW REQUEST
January 2005
. F:\Quantum LimitedWOPC15 CODE REVIEW Bldg HtlCODE REVIEW-Rv3.doc
Page 3 of 4
,
PROPOSED ZONING TEXT CHANGES
Revise Section 7.H.14 - Maximum Building Height, as follows:
Section 7.H.14 - Maximum Building Height No building or
appurtenances thereofwithin the PID zoning district shall exceed
forty-five (45) feet in height, with the exception of buildings in a
Mixed Use POD pursuant to Section 7.P.l.e.l).
Renumber and revise Section 7.P .l.e - Maximum Structure Height, as
follows:
Section 7.P.l.e.l) Maximum Building Height. The maximum
building height within a Mixed Use Pod shall not be greater than
five (5) stories and shall be below the Florida Building Code.
thresholds for a high-rise classification.
Two (2) new subsections are proposed, as follows:
Section 7.P. 1. e.2). Building Height Measurement. Building height
shall be measured from the lowest finish floor slab elevation of the
proposed building to the peak of the structure, including any
architectural details, stainvells, elevator shafts etc.
Section 7.P. 1. e.3). Height Setback Envelop. Minimum building
setbacks shall be based on building heights for buildings greater
than 45 feet in height. The height setback envelope is applicable
where the Mixed Use development is adjacent to an existing
developed single-family residential zoning district outside the PID.
This minimum setback shall be three (3) times the building height
for any multifamily or nonresidential structure. The set back shall
be measuredfrom the common boundary of the PID and the
existing single-family residential zoning district or the midpoint of
any intervening right-of-way.
QUANTUM PARK PID - CODE REVIEW REQUEST
1anuary 2005
F:lQuantum LimitedWOPClS CODE REYlEW B/dg HtlCODE REYI~W.Rvj.doc
Page 4 of4
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VI.-CONSENT AGENDA
ITEM E.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Connnission Date Final Form Must be Turned
Meetinll Dates in to City Clerk's Office
Requested City Connnission
Meetinll Dates
Date Final Form Must be Turned
in to City Clerk's Office
~ April 5,2005
0 April 19, 2005
0 May 3, 2005
0 May 17,2005
MaTch 14,2005 (Noon.)
o June 7, 2005
o June 21, 2005
o July 5, 2005
o July 19, 2005
May 16, 2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
May 2, 2005 (Noon)
July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unftnished Business
o Presentation
RECOMMENDATION: Please place this request on the April 5, 2005 City Conmrission Agenda under Consent
Agenda. The Planning and Development Board on February 22, 2005, and the Community Redevelopment Agency Board on
March 23, 2005 recommended that the subject request be approved, as proposed by staff, to exclude the proposed limit to
areas west ofI-95, and to also amend the C-3 and C-4 districts changing car washes from "permitted" uses to "conditional"
uses. If supported by the Conmrission, this proposed change in permitted zoning use will be properly advertised and placed in
Ordinance form for fmal Conmrission consideration. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-035.
EXPLANATION:
PROJECf:
AGENT:
LOCATION:
DESCRIPTION:
Carwash in M-l (CDRV 05-001)
Michael Weiner, Weiner & Associates
Industrial (M-I) Zoning District
Request for an amendment to the Land Development Regulations, Chapter 2. Zoning,
Section 8.A.4. M-I Industrial District, to allow as a conditional use, carwashes provided
the use is located along a major arterial roadway located west of Interstate 95, such as
Congress Avenue.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
t~
City Manager's Signature
Develop
Me
Planning and Zonin ector City Attorney / Finance I Human Resources
S:\Planning\SHARED\WP\SPECPROJ\ DE REVlEw\CDRV 05-001 CaTWashes in M-l\Agenda Item Request CaTWash in M-I CDRV 05-0014-5-
05.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-035
TO:
Chairman and Members
Planning and Development Board
Michael W. Rump0"-~V
Director of Planning and Zoning
Eric Lee Johnson, AICP CiJ
Planner V
February 17, 2005
THROUGH:
FROM:
DATE:
SUBJECT:
CODE REVIEW / CDRV 05-001
Allowing carwash facilities as conditional uses in the M-1 zoning district.
NATURE OF REOUEST
Mr. Michael S. Weiner is requesting that car wash uses be added to the list of conditional uses in the
M-1 Industrial zoning district. Specifically, the applicant is requesting that the code be modified to
allow these uses in the M-1 zoning district west of Interstate 95, such as Congress Avenue. As
proposed by the applicant, this code amendment would modify Chapter 2, Zoning, Section 8.A.4 to
include the following:
''(0) CalWashes, orovided the use is located alona a malor arterial roadwav located west of Interstate
95. such as Conaress Avenue. "
BACKGROUND
The City's Occupational License section categorizes car washes into multiple categories unlike the
North American Industry ClassIfication System (1997), which was formerly the Standard Industrial
Classification Manual (1987). Both federal publications group such establishments into one (1)
category, namely "Carwashes". However, according to the Occupational License section, the City
issues licenses for the following three (3) categories:
#811190 Auto Detailing / Washing (22 licenses)
#811193 Carwashes Coin Operated (4 licenses)
#811194 Full Service Carwash (5 licenses)
This year, the City currently licensed a total of 31 businesses that are considered to be a car wash
type of use. According to the NAICS, "carwashes" is the Industry where businesses are engaged in
cleanIng, washing, and / or waxIng automotive vehicles, such as passenger cars, trucks, vans, and
trailers. The intent of the subject code amendment request is to allow the construction of a full
service car wash on a vacant property zoned M-l. There are five (5) licensed full service carwashes in
the city. They are located in properties zoned CommunIty Commercial (C-3) and Planned Commercial
Development (PCD),
Page 2
CORY 05-001
ANALYSIS
Full service car washes are currently allowed as permitted uses in the C-3 and PCO zoning districts.
Further, car washes are accessory uses to gasoline dispensing establishments which are conditional
uses in the Neighborhood Commercial (C-2) zoning district. However, car washes (of any kind) are
currently not permitted in the M-l zoning district. Staff has had several meetings with the applicant
and / or their client to discuss the possibility of constructing a full service car wash on a vacant parcel
in the M-1 zoning district. The applicant submitted sketches showing the configuration of a car wash
facility, including the drive aisles and parking areas. The applicant did not provide any written
justification for the subject code amendment. However, in today's convenience driven market, many
companies operating as full service car washes desire locations along major arterials for the added
exposure and convenience. The property, earmarked for the full service car wash, Is specifically
located within the M-1 zoning district along a major road (Congress Avenue). Congress Avenue is
classified as a Principal Arterial as defined by the City's Comprehensive Plan. Generally, heavy
commercial and industrial uses are consolidated in areas that are isolated from commercial nodes and
public view. These activities would normally occur within the city's Industrial zoning districts. The
subject site, however, is located within an area that has historically been a large, consolidated, and
compact industrial "district" of the city. The "district" was the focus of a comprehensive study (The
South Congress Avenue Industrial Corridor Study) that was completed in 2002 to evaluate the existing
Industrial uses and their vitality.
South Conaress Avenue Studv
The Study area contained a homogenous mixture of industrial uses. The major sectors were
Construction, Manufacturing, Wholesale Trade, Transportation & Warehousing, and Personal &
Professional Services sectors, which accounted for over 88% of all the licenses issued.
The Study revealed that there were 204 occupational licenses issued for the area. Out of the 204
licenses, 61 licenses or nearly 30% of them were Issued for businesses located along Congress
Avenue. Interestingly, over 66% of the licenses issued within the Retail Trade category were for
businesses located along Congress Avenue. However, the number of businesses engaged in Retail
Trade in general was insignificant within the entire Study area. Some of the Study's final
recommendations that are germane to this code review request included the following:
1. Describe Comprehensive Plan Amendment to acquire PIO standards. Staff recommends
strengthening and clarifying the language in the Comprehensive Plan regarding the PIO zoning
district. By requiring the parcels over 15 acres in area to rezone to PIO, retail uses would be
accommodated in which, the M-1 zoning district would not ordinarily allow. This attribute of the
PIO zoning district would allow for flexibility, which in turn would aid in future development
contributing to the economic base of the City;
2. Design standards for M-1 / PIO uses abutting major arterials; and
3. list permitted uses (for use approval) In the PIO.
It should be noted that soon after the Study was completed, two (2) large tracts of vacant land were
rezoned to allow for townhouses - a non-Industrial use. These events eliminated the need to revisit all
but one of the above-described recommendations, namely design standards appropriate for properties
In the M-l zoning district that front on major corridors such as Congress Avenue.
Page 3
CORV 05-001
Auto desiGn and Darking
The general intent and purpose of the C-4 and M-l zoning districts is to provide adequate space for
more intense commercial and industrial uses. Therefore, automotive uses within these districts are
relegated to those aforementioned areas that are heavy commercial or industrial in nature.
Accordingly, the intention is to separate these sites from less-intense commercial activity and
residential neighborhoods. Staff has acknowledged that historically, many properties in the C-4 and
M-l zoning districts were designed and approved for heavy commercial and industrial uses with lower
parking requirements than their commercial counterparts. However, these older sites have been
converted for automotive-intensive uses that possess higher off-street parking demands. The problem
arises in situations when the automotive uses become busier; the demand for extra parking spaces
becomes more apparent. In the case of auto repair shops, the parking space dilemma starts with the
accumulation of vehicles (either waiting to be serviced or retrieved by the owners) and the lack of
excess or overflow parking spaces. However, with the exception of lire Kingdom at 3030 South
Congress Avenue, these older, heavy commercial and Industrial sites are typically hidden and unseen
from the major arterials. Retrofitting existing sites for more parking-intensive uses becomes
problematic. The Land Development Regulations do not specifically address the parking requirements
for automated car wash facilities. According to code, however, in no case shall less than four (4)
outside parking spaces be provided for any non-residential use. The parking requirements for car
washes will be revisited by staff during the re-write of the Land Development Regulations.
Permitted and Conditional Uses
As previously mentioned, automotive uses are allowed in the M-l zoning district. According to the
NAICS, there are a wide range of business activities within the category of "automotive use". For
example, gasoline dispensing establishments, auto retail store, and car washes are permitted uses in
the C-2, C-3, C-4, and PCD zoning districts but would be inappropriate for isolated industrialized areas.
These types of establishments flourish in more commercialized, heavy traffic, and highly-visible areas.
Ukewise, it is very common to have a stand-alone car wash as a subordinate use (accessory use) to a
gasoline dispensing establishment (principle use). As previously stated, gasoline dispensing
establishments are generally located on major roads with high visibility. It should be noted that these
gas stations are not permitted by right but are approved as conditional uses. Conditional uses are
those uses that are deemed in appropriate generally, or without restriction, throughout a zoning
classification or district. Conditional uses require public hearings and are evaluated on a separate set
of development standards. Staff reviews each request on a case-by-case basis, ensuring that they
satisfactorily meet all 13 standards for evaluating conditional uses. Any parking issues can be
reviewed and addressed during the conditional use I site plan review process. The conditional use
process will allow for appropriate review for site capacity, particularly when industrial to commercial
conversions are being requested. This case-by-case review is appropriate for a car wash project given
the lack of specific site standards in the code, potentially intense circulation characteristics, potential
impacts upon adjacent residential neighborhoods, and design objectives appropriate for uses proposed
along major roadways.
SUMMARY I RECOMMENDAnON
A car wash is a typical accessory use to a gas station. Both car washes and gas stations are highly
commercial in nature, but are still classified as an automotive use. Commercial activities normally
succeed on sites that offer a high degree of visibility. The subject request to allow carwashes In the
M-l zoning district can be justified by the fact that Congress Avenue Is a major corridor with a high
volume of traffic and its high visibility would Inherently attract the commercial user. The Land
Page 4
CORY 05-001
Development Regulations require gas stations to be located at intersections along major
thoroughfares. Therefore, it would be reasonable to allow a car wash to be located in the M-l zoning
district along a major thoroughfare. Staff is in favor of this request, in part, because the subject
property (as identified by the applicant) is vacant. All parking issues would be immediately planned
for and addressed during the site plan review process; the site would not have to be retrofitted to
accommodate said use.
Staff recommends approval of the request to allow car washes in the M-l zoning district as conditional
uses but only with the amended language prepared by staff to provide additional safeguards in
implementing this amendment:
(M-l zoning district)
Chapter 2, Section 8.A.4.a. Car Wash (Automatic or Self Service)*
Furthermore, staff recommends allowing car washes as conditional uses rather than permitted uses in
the zoning districts where they are currently allowed as permitted uses (C-3 and C-4 zoning district).
In addition, the following changes are proposed to provide consistency between the "automobile wash
establishment" heading within the use list and the current definition of car washes found in Chapter
l.Article II.Definitions. The modifications are proposed as follows:
(C-3 zoning district)
Chapter 2, Section 6.C.z. Autemebile wash establishments Car Wash (Automatic or Self Service )*
(C-4 zoning district)
Chapter 2, Section 6.D.1.e. Automobile ',,'ash esbblishmcnt Car Wash (Automatic or Self Service)*
The language proposed by staff recognizes the market demand, while at the same time preserves the
performance and design of the city's shopping centers, the health of heavy commercial/industrial
zoning districts, as well as residentially-zoned properties. By initiating the conditional use
requirement, individual sites can be reviewed for optimum layout, buffering, and operation in order to
maximize compatibility with the surrounding area. Furthermore, said projects can be reviewed for
aesthetic design where visible from major public rights-Of-way. The amended language proposed by
staff would also help to further separate incompatible land uses.
Exhibits
MR/elj
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-001 Carwashes in M-1\Staff Report.doc
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o
~
o
o
o
D
Administrative D Development Plans C..-\
Consent Agenda 0 New Business ~.: l
--.
0 :'J,:);.
Public Hearing Legal ::t::J
Bids 0 Unftnished Business ~--
Announcement D Presentation -on
.:' )
c")=i
- .-<:
0) --.,
C:J
(:':'1
'I
"q C'J
RECOMMENDATION: Motion to approve the "SURPLUS VEHICLE LIST" one (1) item as submitte~y ~6i1c
Works/Fleet Maintenance and allow for the sale of same. c:
City Manager's Report
o
r:;::;
EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE" one (1) item submitted by Public
WorkslFleet Maintenance Division (see attached Memo# 05-029). Utilizing the City of Boynton Beach disposal
process for surplus vehicle will allow the vehicle to be auctioned and generate revenues to the Fleet Maiutenance
Funds.
Procurement Services requests Commission's review, evaluation and approval to sell the surplus property.
PROGRAM IMPACT: The disposal of this surplus vehicle will provide inventory control maintenance and allow for
receipt of revenues through a process monitored by Procurement Services.
FISCAL IMP ACT: The revenues generated from the sale of surplus vehicle will be placed in the Fleet Maintenance
Fund in the following account:
Revenue Account No.
501-0000-365-01.00
Account Description
Sale of Surplus Equipment
ALTERNATIVES: Maintain the vehicle in inventories with high maintenance costs that could conceivably impact
operations due to down time for repairs.
Procurement Services
~~
SSlstant to the Fmance Drrectorr
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Tim Calhoun - Fleet Manager
File
PUBLIC WORKS DEPARTMENT
MEMORANDUM #05-029
TO:
Mary Munro, Assistant to Finance Director
THRU:
. '") .
Jeffrey Livergood, P.E., Director of Public Works/'-:h't L-
Chris Roberts, Deputy Director ofPublic_,Works ~
Tim Calhoun, Fleet Administrator'i
Surplus Equipment
FROM:
SUBJ:
DATE:
March 10,2005
The resources listed in this memorandum are surplus. Each unit is scheduled to be replaced with a
new, updated vehicle or are a fleet reduction. We request the approval of the City Commission to sell
these excess resources through local auction or sealed bids when the new vehicles arrive.
ID # Make Year Model
725 Chevy 1999 Lumina
Vin #
2G1WL52M4X9279296
Condition
Fleet Reduction
RECEIVED
MAR 1 1 20(ll(:;-
p~~~~RVICES.
..Q(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office
D December 7, 2004 November 15, 2004 (Noon.) 0 February I, 2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon)
0 January 18, 2005 January 3, 2005 (Noon) ~ March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Authorize the use of Community Investment Funds from Commissioner Carl McKoy for the
National Youth Association for Academics and Athletes.
EXPLANATION: Commission approval is requested for allocation of$I,OOO of Community Investment Funds for the
above organization.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community
Investment Funds to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
~ 3)" )0,"
City Manager's Signature
City Attorney / Finance / Human Resources
Department Name
HL ,EIVED
: . ~ .. ~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 11,2005
Requested by Mayor/Commissioner: Carl McKoy
Amount Requested: $1,000
RecipientlPayee: National Youth Association for Academics and Athletes
Description ofproject, program, or activity to be funded: Funds to be donated to above
organization for upcoming event.
Dated: j-II-O'5 B~ Wi. ~)
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $2,000 has been used to date by the requesting Member, leaving a
balance of available funds of $8,000. This request would bring the available amount down
to $ 7,000.
Accordingly:
)'-. There are funds available as requested
o There are insufficient funds availabl
Dated: 3ftJi& By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
em\-
k.g.~\
~ ~.~"t \'Y'(S
8\S.\\',"y"
Dated:
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the ~
'3)11/0, By: ~~
City Manager -
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McKoy request - Ntl Youth Assoc.doc, 3/11/2005
Division of Corporations
Page 1 of2
Florida Non Profit
NATIONAL YOUTH ASSOCIATION FOR ACADEMIC & ATHLETICS, INC
PRINCIPAL ADDRESS
1301 12TH AVE SOUTH
LAKE WORTH FL 33460
MAILING ADDRESS
1301 12TH AVE SOUTH
LAKE WORTH FL 33460
Document Number
N05000002908
FEI Number
NONE
Date Filed
03/22/2005
State
FL
Status
ACTIVE
Effective Date
03/21/2005
Registered Agent
Name & Address
LOWE, AUNDRA D
130112THAVES
LAKE WORTH FL 33460
,.--
Officer/Director Detail
I Name & Address II Title I
LOWE, AUNDRA D D
130] 12TH AVE SOUTH
LAKE WORTH FL 33460
ATWATERS, RODNEY D
2001 NW SEACREST BLVD.
BOYNTON BEACH FL 33435
BROWN, MAUREEN D
3348 MOCKBRIDGE LANE
LANTANA FL 33460
I LOWE, STEPHAINE In
1301 12TH AVE
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =N05000002908&n2=NAMFW... 3/31/2005
Division of Corporations
Page 2 of2
LAKE WORTH FL 33460
WILSON, DARREL
9 CROSSING CIR
II I
D
BOYNTON BEACH FL 33435
II
Annual Reports
Report Year II Filed Date
II
No Events
NoN ame History Information
Document Images
Listed below are the images available for this filing.
JI03/22/2005 -- Domestic Non-Profit
II
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n1 =N05000002908&n2=NAMFW... 3/31/2005
N0500000290B
FILED
March 221.~005
Sec. Of Slate
dbrown
NATIONAL YOUTH ASSOCIATION FOR ACADEMIC & ATHLETICS,
INC
Electronic Articles of Incorporation
For
The undersigned incorporator, for the purpose of forming a Florida not-for-
profit corporation, hereby adopts the following Articles of Incorporation:
Article I
The name of the corporation is:
NATIONAL YOUTH ASSOCIATION FOR ACADEMIC & ATHLETICS,
INC
Article II
The principal place of business address:
1301 12TH AVE SOUTH
LAKE WORTH, FL. 33460
The mailing address of the corporation is:
1301 12TH AVE SOUTH
LAKE WORTH, FL. 33460
Article III
The specific purpose for which this corporation is organized is:
THE PURPOSE IS TO HOSTED ACTIVITIES AND PROGRAMS THAT
PROVIDE PERSONAL GROWTH IN SCHOOL, AND COMMUNITY, BY
CREATING PROGRAMS THAT BUILD SELF-CONFIDENCE AND
SELF-ESTEEM IN YOUTHS, BY SPONSORING AND SUPPORTING
SPORTING EVENTS.
Article IV
The manner is which directors are elected or appointed is:
VOTE OF EXECUTIVE OFFICERS
Article V
The name and Florida street address of the registered agent is:
AUNDRA D LOWE
1301 12TH AVE S
LAKE WORTH, FL. 33460
I certify that I am familiar with and accept the responsibilities of
registered agent.
Registered Agent Signature: AUNDRA D LOWE
Article VI
The name and address of the incorporator is:
AUNDRA D LOWE
1301 12TH AVE S
LAKE WORTH, FL 33460
Incorporator Signature: AUNDRA D LOWE
Article VII
The initial officer(s) and/or director(s) of the corporation is/are:
Title: P
AUNDRA D LOWE
1301 12TH AVE SOUTH
LAKE WORTH, FL. 33460
Title: V
RODNEY ATWATERS
2001 NW SEACREST BLVD.
BOYNTON BEACH, FL. 33435
Title: D
MAUREEN BROWN
3348 MOCKBRIDGE LANE
L~T~A,FL. 33460
Title: D
STEPHAINE LOWE
130112TH AVE
LAKE WORTH, FL. 33460
Title: D
DARREL WILSON
9 CROSSING CIR
BOYNTON BEACH, FL. 33435
Article VIII
The effective date for this corporation shall be:
03/21/2005
N05000002908
FILED
March 221~005
Sec. Of Slate
dbrown
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ April 5, 2005 MaTch 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 ONoon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 ONoon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17, 2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Authorize the use of Community Investment Funds by Commissioner Mike Ferguson, Mayor
Taylor and Commissioner Carl McKoy for the Greater Boynton Beach Sister Cities Committee, Inc. Young Artists'
Competition and Commissioner Ensler to the Tomodachi Judo Club.
EXPLANATION: Each year, Sister Cities International hosts a Young Artists' Competition for middle and high school
students. This year the Boynton Beach affiliate is participating again, hoping to promote awareness of Sister Cities
International and its programs, our Sister City relationship with Qufu, China and to offer a community-wide event.
Commissioner Ferguson, Mayor Taylor and Commissioner McKoy wish to donate $500 each.
Tomodachi Judo hosts an International Judo Camp at Congress Middle School during the summer and gives scholarships to
the needy children in Boynton. Commissioner Ensler wishes to donate $1,000.
PROGRAM IMPACT: Allocation of funds will assist the above programs.
FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community
Investment Funds to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
~~/
City Manager's Signatur
Department Name
City Attorney / Finance / Human Resources
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: April 1, 2005
Requested by Mayor/Commissioner: Carl McKoy
Amount Requested: $500
Recipient/Payee: The Greater Boynton Beach Sister Cities Committee, Inc.
Description ofproject, program, or activity to be funded: Assist in funding Young Artists'
Competition for middle and high school students.
By:~,m.~
Dated: -1-01-06
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $3,000 has been used to date by the requesting Member, leaving a
balance of available funds of $7,000 This request would bring the available amount down
to $6,500.
Accordingly:
~ There are funds available as requeste
o There are insufficient funds available a;
Dated:
~ 1,1 D~
I /
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
~ The proposed expenditure of funds will not result in improvement to private
property;
A The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
vel The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents ofthe City; and
~ Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated: 1-/-0..5 BY' i/~ft AL'A A A_-'~ /~
. 'Jdty M':';;~""/" .>'
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\McKoy - Sister Cities.doc, 4/1/2005
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 22,2005
Requested by Mayor/Commissioner: Commissioner Ferguson
Amount Requested: $500
RecipientJPayee: The Greater Boynton Beach Sister Cities Committee, Inc.
Description of project, program, or activity to be funded: Assist in funding Young Artists'
Competition for middle and high school students.
Dated: :3f:!3 /06
B~'m~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation offunds available to the requesting Member of the Commission
listed above is $10,000. $500 has been used to date by the requesting Member, leaving a
balance of available funds of$9,500. This request would bring the available amount down
to $9,000.
Accordingly:
)l. There are funds available as request d
o There are insufficient funds available
Dated: ..3~).. / () S-
I I
By:
Dated:
Part 111- Eligibility Evaluation (to be completed by City Manager)
~ The proposed expenditure of funds will not result in improvement to private
property;
g/ The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
~ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
G;;Y"'Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the stated. prs;:.,
3f ~t{(O' By: ~
City Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ferguson request _ Sister Cities.doc, 3/22/2005
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 28, 2005
Requested by Mayor/Commissioner: Mayor Jerry Taylor
Amount Requested: $500
Recipient/Payee: The Greater Boynton Beach Sister Cities Committee, Inc.
Description of project, program, or activity to be funded: Assist in funding Young Artists'
Competition for middle and high school students.
Dated: ~ -;}.B -OS
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $1,000 has been used to date by the requesting Member, leaving a
balance of available funds of $9,000. This request would bring the available amount down
to $8,500.
Accordingly:
)( There are funds available as requeste
o There are insufficient funds available
Dated: ...3 f ~ / D~ By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
a"" The proposed expenditure of funds will not result in improvement to private
property;
K' The recipient/payee is a resident of the City of Boynton Beach or is a legal
. entity with offices in the City of Boynton Beach;
tJ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
V Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the ~ _
Dated:~a..'7 fo' By:
City Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2oo4-2005\MA YOR - Sister Cities.doc, 3/28/2005
-v...
~~ . ~'..,
C((,
$OO'r4E~
QlTP' CHI\'A
SISTEI{
CITIES
Ii! i I fUlld I (] Iii: l
The Greater Boynton Beach Sister Cities Committee, Inc.
100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 (561) 731-4474
February 15, 2005
Mayor Jerry Taylor
City Commissioners
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
~~ret me know if you would
Like to donate any of your
Discretionary funds to this
Competition. Thank you
Joyce
, Dear Mayor Taylor,
. Each year, Sister Cities International hosts a Young Artists' Competition for middle and high school
students.
This year the Boynton Beach affiliate is participating again, hoping to promote awareness of Sister
Cities International and its programs, our Sister city relationship with Qufu, China and to offer a
community-wide event.
The theme for 2005 is "Connecting Global Villages." To date, we anticipate approximately 100 entries
from schools in our community and the schools in our sister city, Qufu, China. All artwork will be
displayed at the Schoolhouse Children's Museum from March 13, 2005 through April 13, 2005. The
winning entry will go on to Sister Cities International for the national competition.
We have raised some funds for this community event and request that the City of Boynton Beach be a
partner/sponsor of this event. We still need $1,500 for awards and the award reception (see budget
enclosed). Municipalities and Chambers of Commerce partner with local Sister Cities affiliates
around the country to sponsor this competition.
We look forward to establishing this as an annual event for the community of Boynton Beach.
If you have any questions please feel free to contact me at 756-6470 (cell).
Sincerely,
1--{l.wL
Tames R. Williams
Chairman, Young Artists Committee
Enclosure
BOARD OF DIRECTORS
Jeanne Heavilin, President
Christiane Francois, Vice President. Carol Miller, Secretary. Jim Williams, TTP.A~l1rf>r
Young Artists' Competition
Income:
Donations Received
Donations Pledged
Estimated Expenses:
Cash Awards
Trophies
Ribbons
Awards Reception
Sister Cities Int'l Fees
Shipping
Budget 2005
$500.00
$~oo.oo
$ 1,825.00
$ 120.00
$ 100.00
$ 380.00
$ 45.00
$ ~O.oo
Funds Needed
$ 1000.00
$ 2,010.00
$ 1,500.00
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 28,2005
Requested by Mayor/Commissioner: Commissioner Ensler
Amount Requested: $1,000
Recipient/Payee: Tomodachi Judo
Description of project, program, or activity to be funded: Scholarships for needy children in
Boynton to attend an International Judo Camp at Congress Middle School the end of July.
Dated: 3 -as-os-
B~m. (}.;..~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member ofthe Commission
listed above is $10,000. $1,000 has been used to date by the requesting Member, leaving a
balance of available funds of $9,000. This request would bring the available amount down
to $8,000.
Accordingly:
)( There are funds available as requeste
Cl There are insufficient funds available as requested.
Dated: .3 b. g IDS
I I
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Cl The proposed expenditure of funds will not result in improvement to private
property;
Cl The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
Cl The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
Cl Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the ~wpose.
Dated:-.3.!30~O By:
City Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - Tomodachi Judo.doc, 3/28/2005
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TOModACHi Judo
561496-7000 PbiFax
253+ SW 12 Street
Boynton Beach, FI 33+26
EmaiI: mikesz@bellsouth.net
561-738-770+ PbiFax 561-731-02+3 Eves.
561-70+-3+1+ een
March 19,2005
Commissioner Bob Ensler,
I would like to thank you for your concern, and all your help so far with our
Judo program. Many children and families in need, have benefited greatly from
your efforts. As you know, Tomodachi holds classes at Congress Middle School
through a City of Boynton Beach Parks program, and donates thousands of
dollars a year in funding and scholarships to the afore mentioned children and
families from our community. I remind you that we are a 50lc3 charitable
organization registered both with the IRS and the State of Florida.
Our federal ID number is 650565580. Our State of Florida
Solicitation of Contributions registration number is SC-12942.
Each year, at the end of July, and the first of August, we host an International
Judo Camp at Congress Middle School. This year's tuition is $100 per student.
Like always we, Tomodachi Judo Club, will give away as many scholarships as
we can afford, but there are a lot more needy children in Boynton than we have
funds for. In your role as City Commissioner, any help, or assistance you might
be able to provide, will greatly be appreciated.
Thank you,
A~$7~
Michael L. Szrejter, President
Tomodachi Judo Club
'C{(
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[8J April S, 2005 March 14, 200S (Noon.) D June 7, 200S May 16, 200S (Noon)
D April 19, 200S Apri14,200S (Noon) D June 21, 200S June 6, 200S (Noon)
D May 3, 200S April IS,200S (Noon) 0 July S, 200S June 20, 200S (Noon)
D May 17, 200S May 2, 200S (Noon) 0 July 19, 200S July S, 200S (Noon)
D Administrative 0 Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM [8J Public Hearing [8J Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the April 5, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading for Land Use Amendment and Rezoning. The Conununity Redevelopment
Agency Board forwards this item with a reconunendation for approval. Due to the requirements of the MX-Low district
regulations, the rezoning and site plan applications should be reviewed concurrently, and therefore, staff recommends that
these requests be tabled to April 19, 2005 to coincide with the return of the site plan request to the Commission. For further
details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-016.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (LUAR 05-003)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. MasciaIBoynton Motel LLC
623 South Federal Highway
Request to amend the Future Land Use designation from Local Retail
Conunercial (LRC) to Mixed Use (MX); and
Request to rezone from Conununity Conunercial (C-3) to Mixed-Use Low (MU-L).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES:f?(ff(. ,,1 ;/,A .11
DeveloP~
City Manager's Signature
,I1L
Planning and Zoning Dir or City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynt n Lofts\LUAR OS-003\Agenda Item Request Boynton Beach Lofts LUAR os-om 4-S-0S.dot
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ORDINANCE NO. 05-
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AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF JAMES A. SERIFERT OF
ADDISON PROPERTIES OF SOUTH FLORIDA
INCORPORATED, AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND LOCATED AT
623 SOUTH FEDERAL HIGHWAY, BOYNTON
BEACH, FLORIDA, FROM COMMUNITY
COMMERCIAL (C-3) TO MIXED USE-LOW (MU-L);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
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18
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
21 said City; and
22 WHEREAS, Mr. Louis F. Mascia! Boynton Motel, LLC., owner of the
23 property located at 623 South Federal Highway in Boynton Beach, Florida, as more
24 particularly described hereinafter, has heretofore filed a Petition, through its agent,
25 James A. Seifert of Addison Properties of South Florida, Incorporated, pursuant to
26 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
27 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more
28 particularly described hereinafter, from Community Commercial (C-3) to Mixed
29 Use-Low (MU-L); and
30 WHEREAS, the City Commission conducted a public hearing and heard
31 testimony and received evidence which the Commission finds supports a rezoning
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property.doc
1 for the property hereinafter described; and
2 WHEREAS, the City Commission finds that the proposed rezomng IS
3 consistent with an amendment to the Land Use which was contemporaneously
4 considered and approved at the public hearing heretofore referenced; and
5 WHEREAS, the City Commission deems it in the best interests of the
6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
7 set forth.
8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
Section 1.
The foregoing Whereas clauses are true and correct and
11 incorporated herein by this reference.
12
Section 2.
The following described land, located at 623 South Federal
13 Highway in the City of Boynton Beach, Florida, as set forth as follows:
14
15 Lots 5, 6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the
16 State of Florida for road right of way, Block C, PENCE
1 7 SUBDNISION NO.2, according to the Plat thereof on file in the
18 office of the Clerk of the Circuit Court in and for Palm Beach
19 County, Florida, recorded in Plat Book 1, Page 33.
20
21 be and the same is hereby rezoned from Community Commercial (C-3) to Mixed Use-
22 Low (MU-L). A location map is attached hereto as Exhibit "A" and made a part of this
23 Ordinance by reference.
24 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended
2 5 accordingly.
26 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property.doc
1 repealed.
2 Section 6. Should any section or provision of this Ordinance or any portion
3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
4 not affect the remainder of this Ordinance.
5 Section 7. This ordinance shall become effective immediately upon passage.
6
FIRST READING this _ day of
,2005.
7
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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2 4 ATTEST:
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2 7 City Clerk
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29 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property. doc
DEVELOPMENT DEPARTMENT
PLANNING II. ZONING DMSION
MEMORANDUM NO. PZ 05-016
TO:
FROM:
Chair and Members
Community Redevelopment Agency Board and City Commission
Eric Lee Johnson, AICP c;;r-
Planner U
Michael W. Rumpf
Director of Planning and Zoning
THROUGH:
DATE:
February 1, 2005
PROJECT NAME /
NUMBER:
Boynton Beach Lofts
LUAR 05-003
PROJECT DESCRIPnON
Applicant: Mr. James A. Seifert / Addison Properties of South Florida,
Incorporated
Agent: Mr. Bradley D. Miller, AICP / Miller Land Planning
Consultants, Incorporated
Owner: Mr. Louis F. Mascia / Boynton Motel, LLC.
Location: 623 South Federal Highway
File No: Land Use Amendment / Rezoning (LUAR 05-003)
Property Description: Partially developed property consisting of two (2) lots
totaling 1.21 acres, classified Local Retail Commercial
(LRC) land use and zoned Community Commercial (C-3).
Proposed change/use: To reclassify the subject property from Local Retail
Commercial (LRC) to Mixed Use (MX) and rezone from
Community Commercial (C-3) to Mixed Use-Low (MU-L)
Adjacent Land Uses and Zoning:
North: Vacant commercial property classified Local Retail Commercial (LRC) land use
and zoned Community Commercial (C-3);
South: Developed commercial properties (offices) classified Local Retail Commercial
(LRC) land use and zoned Community Commercial (C-3);
Page 2
File Number: LUAR 05-003
Boynton Lofts
East: Developed multi-family residential (Sterling Village) classified High Density
Residential (HDR) land use and zoned Multi-family Residential (R-3);
West: Recreation space (Pence Park) classified Recreational (R) land use and zoned
Recreation (REe).
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment / rezoning for the
following reasons:
1. The requested land use and zoning are consistent with the Comprehensive Plan
and the Federal Highway Corridor Redevelopment Plan;
2. Adequate public facilities and infrastructure are in place and / or is anticipated in
the future to serve the subject site and its corresponding project;
3. The requested change would help to further provide an economic contribution to
both the neighborhood and to the City.
PROPERTY OWNER NOnFICAnON
Owners of properties within 400 feet of the subject conditional use were mailed a notice
of this request and its respective hearing dates. The applicant certifies that they posted
signage and mailed notices in accordance with Ordinance No. 04-007.
PROJECT ANALYSIS
A future land use map amendment can be defined as a change to the City's
Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and
or policies contained within the Plan. Also, an amendment can be described as a
change to the Future Land Use Map, which in turn, could change the list of permitted,
conditional, or prohibited uses. Amendments to the Comprehensive Plan are divided
into two (2) separate processes, namely large-scale and small-scale amendments. The
applicable process is determined by the size of the parcel with the threshold being 10-
acres. Also, if the amendment involves a residential land use, the density must be 10
dwelling units or less per acre. However, an exception to the density limitation is
permitted if the property is in an area designated in the comprehensive plan for urban
infill, urban redevelopment or downtown revitalization. According. to the survey, the
subject property totals 1.21 acres and is located in an area designated for urban
redevelopment. Therefore, the subject request qualifies as a "small-scale" land use
amendment. Small-scale text and map amendments do not require the State of
Florida's Department of Community Affairs (DCA) to review for compliance with state
and regional plans prior to Its adoption by the City. This means that the proposed
amendment, if desired by the city, would be adopted first, and then subsequently
forwarded to the DCA for their records (generally "large-scale" amendments are not
adopted until found to be "in compliance" by the DCA). Where a rezoning application
Page 3
File Number: LUAR 05-003
Boynton Lofts
would occur pursuant to an amendment to the Future Land Use Map, such as with this
application, the two (2) applications shall be processed simultaneously as a single
application. Therefore, "rezoning" shall be construed to include a ''future land use map
amendment". The proposed small-scale amendment / rezoning application is being
reviewed concurrently with an accompanying request for site plan approval (NWSP 05-
008).
The eight criteria used to review Comprehensive Plan amendments and rezonings are
listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive
Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis
when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed land use amendment / rezoning would be
consistent with applicable comprehensive plan polides including but not
limited to, a prohibition against any inaease in dwelling unit density
exceeding 50 In the hurricane evacuation zone without written approval of
the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent
development of the property, in order to comply with polldes contained in
the comprehensive plan.
The applicant proposes to develop the property with a mixed-use residential/retail /
office building. The project proposes a total of 48 dwelling units, which is under the 50
dwelling unit threshold outlined in Policy 1.12.1. Also, the subject property is located on
the west side of Federal Highway, which is outside the evacuation zone, and therefore
not subject to Palm Beach County Emergency Planning Division review and approval.
Policy 1.13.3 states, lithe City shall continue to encourage intill development and
redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment
Master Plan, and the policies contained in the Coastal Management Element H
On May 15, 2001, the City Commission approved the implementation of the Federal
Highway Corridor Community Redevelopment Plan and the Mixed-Use Low zoning
category. This plan was created as one of the redevelopment plans recommended by
the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located
within the boundaries of Federal Highway Corridor Study Area N. The Study Area
allows for the Mixed-Use land use designation and Mixed-Use Low zoning category. The
property owner's intent is a proposed mix of uses (residential, retail, office), all of which
would be permitted in the Mixed Use-Low zoning district.
b. Whether the proposed rezoning would be contrary to the established land
use pattem, or would create an isolated district unrelated to adjacent and
nearby districts, or would constitute a grant of special privilege to an
individual property owner as contrasted with the protection of the public
welfare.
Page 4
File Number: LUAR OS-003
Boynton Lofts
Parcels that front on the west side of Federal Highway in this portion of the Federal
Highway Corridor are generally designated with the Local Retail Commercial (LRC) land
use classification and zoned Community Commercial (C-3). On the east side of Federal
Highway, the predominant land use near the subject property is generally residential
with varying densities (i.e. High Density Residential, Low Density Residential) and their
corresponding zoning districts (Multi-family Residential, R-1-AA). In fact, High Density
Residential (HDR) land use and Multi-family Residential (R-3) zoning is designated for
the multi-family complex (Sterling Village) directly east of the subject property at a
density of 18.6 dwelling units per acre with a total of 840 units.
In the future, staff anticipates that where eligible, property owners located within the
boundaries of the Community Redevelopment Agency area would eventually request
zoning changes in favor of the Mixed-Use Low district when the market demands higher
intensities consistent with the City's initiatives for urban infi" and redevelopment. In
fact, the Gulfstream Lumber property, located on the northwest comer of Woolbright
Road and Federal Highway was recently reclassified to Mixed-Use (MX) land use and
rezoned to Mixed-Use Low (MU-L). It should be noted that both the Gulfstream Lumber
property and the subject property are located within the same study area (Area IV) of
the Federal Highway Corridor Redevelopment Plan. Also, a land use amendment and
rezoning change was already approved for the Arches project, located just 1,000 feet
north of the subject lots. The lots assembled for the Arches project were recently
reclassified to Mixed-Use Core (MX-C) land use and zoned Mixed-Use High (MU-H). The
only difference between the two scenarios is the Arches project is located in Federal
Highway Corridor Study Area V. In any event, these types of land use and zoning
changes, including the subject request, are consistent with the City's redevelopment
plans and would not grant special privilege to an individual property owner as contrasted
with the protection of the public welfare. The requested amendment would not create
an isolated or unrelated district and would help to create a better transition to the
residential neighborhood to the east.
c. Whether changed or changing conditions make the proposed land use
amendment / rezoning desirable.
The changing conditions make the proposed land use amendment and rezoning
desirable. The Federal Highway Corridor Community Redevelopment Plan
recommended the changes of zoning categories within Planning Area IV in order to
create a desired appearance of a neighborhood which, being adjacent to the downtown
core area is a gateway to the city. The recommendations were also aimed at promoting
urban infill by eliminating one-story commercial and automobile-oriented (i.e. drive-thru)
types of uses. Any redevelopment activities in Planning Area IV consistent with the
above objectives would support increasing developers' interest in the downtown core
area.
d. Whether the proposed use would be compatible with utility systems,
roadways, and other public fadlltles.
Page 5
File Number: LUAR 05-003
Boynton Lofts
The property was previously developed as a 21-room motel and therefore, utility systems
such as potable water and sanitary sewer lines have already been constructed to the
subject site. Utilities staff acknowledges that the proposed land use / rezoning change
would increase the development potential of the subject site and in turn, would impose
additional demand upon city infrastructure. However, increases in demand for potable
water (22,981 gpd) would be accomplished via the planned purchase of up to 5 million
gallons of potable water per day (for the next 5 years) from Palm Beach County Utilities.
Local piping and infrastructure improvements may be required and would be addressed
during permit review. The local improvements would be the responsibility of the site
developer. Sufficient wastewater treatment capacity is currently available to serve the
projected demands (11,629 gpd) of the project if the land use / zoning change were
approved. The applicant would be required to make a firm reservation of capacity,
following approval of a site plan. Drainage will be reviewed in detail as part of the review
of the site plan, and must satisfy all requirements of the city and local drainage
permitting authorities. On January 19, 2005, the Palm Beach County School District
reviewed and approved the request for 48 multi-family dwelling units. The District's
concurrency determination is valid for one year (until January 19, 2006), unless building
permits are issued, in which case the concurrency determination would be valid for the
life of the development order.
The applicant submitted a traffic study and it was forwarded to the Palm Beach County
Traffic Division for their review and approval. The Traffic Division reported that the
proposed land use / zoning change, which is being processed concurrently with the site
plan, proposes a mixed-use project that would generate an additional 60 new morning
peak hour trips and 119 evening peak hour trips. The residential portion of the proposed
mixed-use development is exempt from the Traffic Performance Standard review because
the project is located within the county designated Coastal Residential Exception Area.
Furthermore, the non-residential portion of the proposed project meets the Traffic
Performance Standards of Palm Beach County. No building permits are to be issued by
the City after the 2008 build-out date.
Police and Fire staff reviewed the accompanying site plan and determined that current
staffing levels would be sufficient to meet the expected demand for services. However, it
should be noted that the influx of new development in the downtown area will begin to
have an impact on police and fire services, thereby ultimately increasing the demand for
additional personnel and equipment to balance the increase in population and non-
residential uses in the city.
e. Whether the proposed land use amendment / rezoning would be
compatible with the current and future use of adjacent and nearby
properties, or would affect the property values of adjacent or nearby
properties.
The proposed land use amendment / rezoning would be compatible with the current and
future use of properties located to the north, south, east, and west of the subject
property in accordance with the vision for the corridor as represented by the
redevelopment plan. There are no indications that the proposed amendment / rezoning
Page 6
File Number: LUAR 05-003
Boynton Lofts
would have negative impact on property values. In fact, the applicant states that "this
(accompanying) project is anticipated to increase land values in the area by promoting
the use of these new categories". Staff concurs. It would help to improve the overall
character of the area and provide neighborhood serving retail and office uses to area
residents. The accompanying site plan's proposed uses (retail, office, residential) have
and will continue to occur on-site and within the neighboring properties.
f. Whether the property is physically and economically developable under
the existing zoning.
The subject parcel was previously developed with commercial uses under the current
zoning district. However, the one (l)-story motel is not the highest and best use of the
site. Under the current zoning category, the C-3 zoning district allows for a residential
density of 10.8 dwelling units per acre. However, this property, which is eligible for the
Mixed-Use Low (MU-L) zoning category, would allow a residential density of up to 40
dwelling units per acre. The proposed zoning change would allow for greater flexibility
in terms of use, density, setbacks, parking, and height.
g. Whether the proposed land use amendment / rezoning is of a scale which
is reasonably related to the needs of the neighborhood and the city as a
whole.
The site could be an example of the type of redevelopment and infill project that will
help to underpin the redevelopment efforts in the Federal Highway Corridor by
promoting the desired mix of uses and appearance consistent with the recommendations
of the redevelopment plan. The existing property and proposed structure (shown in the
site plan) is a compact unit of appropriate scale based on the corridor plan and the
desire to gradually step down the height of buildings (from 150 feet) allowed in the
Mixed-Use Core (MX-C) land use and Mixed-Use High (MU-H) zoning district. The
proposal is consistent with the densities and development regulations established by the
mixed use land use and zoning categories. This site and its project characteristic are
consistent with Objective 1.13 that discourages urban sprawl by creating a compact
urban area within the City and City's utility service areas.
h. Whether there are adequate sites elsewhere in the city for the proposed
use, in districts where such use is already allowed.
There are other vacant commercial sites that would likely accommodate the proposed
uses. However, the proposed redevelopment of the subject site has the benefits of
promoting the city's development and redevelopment objectives as stated in the
Comprehensive Plan and downtown redevelopment plans. The Mixed-Use Low zoning
district was adopted in summer 2002, in order to implement redevelopment in the
Federal Highway Corridor. It is more difficult to redevelop a site rather than develop a
vacant site. Therefore, redevelopment efforts should be embraced because to do so,
would be consistent with many of the Objectives in the Comprehensive Plan and their
subordinate policies. This current application would represent the third request for
reclassification to the aforementioned land use designation and zoning district.
Page 7
File Number: LUAR 05-003
Boynton Lofts
CONCLUSION I RECOMMENDATIONS
As indicated herein, the requested land use amendment and rezoning are consistent
with the intent of the Comprehensive Plan; would not create additional impacts on
infrastructure that cannot be served by existing capacities; would not be incompatible
with adjacent land uses; would further the corridor redevelopment plan and will
contribute to the overall economic development of the City. Therefore, staff
recommends that the subject request be approved. If conditions of approval are
recommended by the Community Redevelopment Agency Board or required by the City
Commission, they will be included as Exhibit "C" - Conditions of Approval.
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VIII.-PUBLIC HEARING
ITEM A. I
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ April S, 200S March 14, 200S (Noon.) D June 7, 200S May 16, 2005 (Noon)
0 April 19, 200S Apri14,200S (Noon) D June 21, 200S June 6, 200S (Noon)
0 May 3, 200S April IS,200S (Noon) D July S, 200S June 20, 200S (Noon)
0 May 17, 200S May 2, 200S (Noon) D July 19, 2005 July S, 200S (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM ~ Public Hearing 0 Legal
D Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the April 5, 2005 City Commission Agenda under Public
Hearing, to immediately follow the corresponding items for Land Use Amendment and Rezoning. The Community
Redevelopment Agency Board forwards this item with a recommendation for tabling to the City Commission April 19, 2005
meeting, to allow further review and addressing of staff conditions. For further details pertaining to the request, see attached
Department of Development Memorandum No. PZ 05-017.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (NWSP 05-008)
Bradley Miller, Miller Land Planning Consultants, Inc.
Louis F. Mascia, Boynton Motel, LLC
623 South Federal Highway
Request for new site plan approval to construct a mixed-use project consisting of 48
multi-family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office
on a 1.2l-acre parcel in a MU-L zoning district.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
~ ~~
/" Planning and Zoning Di6{:tor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\NWSP OS-OOS\Agenda Item Request Boynton Beach Lofts NWSP OS-OOS 4-S-0S.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY LOUIS F.
8 MASCIA/BOYNTON MOTEL, LLC., AND
9 LOCATED AT 623 SOUTH FEDERAL
10 HIGHWAY; CHANGING THE LAND USE
11 DESIGNATION FROM LOCAL RETAIL
12 COMMERCIAL (LRC) TO MIXED USE (MX);
13 PROVIDING FOR CONFLICTS, SEVERABILITY,
14 AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
1 7 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
18 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
19 Government Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
22 and
23 WHEREAS, after two (2) public hearings the City Commission acting in its
24 dual capacity as Local Planning Agency and City Commission finds that the
25 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
26 Plan and deems it in the best interest of the inhabitants of said City to amend the
27 aforesaid Element of the Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1: The foregoing WHEREAS clauses are true and correct and
S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc
1 incorporated herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use ofthe following described land located at 623 South
5 Federal Highway in Boynton Beach, Florida shall be changed from Local Retail
6 Commercial (LRC) and shall now be designated as Mixed Use (MX):
7 Lots 5, 6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the State of
8 Florida for road right of way, Block C, PENCE SUBDIVISION NO.2,
9 according to the Plat thereof on file in the office of the Clerk of the Circuit
10 Court in and for Palm Beach County, Florida, recorded in Plat Book I, Page
11 33.
12
13 Subject to easements, restrictions, reservation and rights of way of record.
14
15
16 Section 3: That any maps adopted in accordance with the Future Land Use Element
17 ofthe Future Land Use Plan shall be amended accordingly.
18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
19 repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof
21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
22 the remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review,
24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
25 Planning and Land Development Regulation Act. No party shall be vested of any right by
26 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and
27 all legal challenges, including appeals, are exhausted. In the event that the effective date is
28 established by state law or special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc
1
FIRST READING this _ day of
,2005.
2 SECOND, FINAL READING and PASSAGE this _ day of
3 2005.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2 0 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-017
STAFF REPORT
TO: Chair and Members
Community Redevelopment Agency and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Eric Lee Johnson, AICP
Planner
DATE: February 2, 2005
PROJECT NAME/NO: Boynton Beach Lofts / NWSP 005-008
REQUEST: New Site Plan
Property Owner: Mr. Louis F. Mascia / Boynton Motel, LLC
Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated
Agent: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated
Location: 623 South Federal Highway
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Mixed Use (MX)
Proposed Zoning: Mixed Use-Low (MU-L)
Proposed Uses: Office: 13,354 square feet
Retail: 5,364 square feet
Residential: 48 condominium units
Acreage: 52,542 square feet (1.21 acres)
Adjacent Uses:
North:
Vacant commercial property classified Local Retail Commercial (LRC) land use
and zoned Community Commercial (C-3);
South:
Developed commercial properties (offices) classified Local Retail Commercial
(LRC) land use and zoned Community Commercial (C-3);
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 2
East:
West:
Right-of-way for Federal Highway, then farther east is developed multi-family
residential (Sterling Village) classified High Density Residential (HDR) land use
and zoned Multi-family Residential (R-3);
Right-of-way for Southeast 4th Street, then farther west is an active park
(Pence Park) classified Recreational (R) land use and zoned Recreation (REC).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
Proposal:
Concurrency:
Traffic:
BACKGROUND
Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is
requesting to develop a mixed-use project. The survey shows that the subject
property is currently developed with a one (l)-story motel building and related
parking areas. The intent is to raze the existing building and redevelop the site
with a single mixed-use building consisting of two (2) towers with an interior
parking garage. The parking garage would be two (2) stories, the west tower
would be five (5) stories, and the east tower, proposed along Federal Highway,
would be six (6) stories. Approval of this project is contingent upon the approval of
the accompanying request to amend the Future Land Use Map and rezone (LUAR
05-003) the property from Community Commercial (C-3) to Mixed-Use Low (MU-L).
The MU-L zoning district is appropriate for low to mid-rise development that
provide for medium density residential uses. The district allows a maximum height
of 75 feet (as a permitted use) and a residential density of 40 dwelling units per
acre for mixed-use projects. The applicant submitted a request for height
exception (HTEX 05-001) because as proposed, a portion of the building would
exceed the 75-foot height threshold (see Exhibit "c" - Conditions of Approval). As
of today, this project represents the third "mixed-use" type of development for the
City within the newly created MU-L zoning district. The project is to be built within
one (1) phase with an anticipated completion date of January of 2007.
ANALYSIS
Generally, anticipated project traffic is generated by two factors, namely the
proposed use and Its intensity.. Intensity Is typically measured by the proposed
building area (In square feet). The traffic study for the project was reviewed and
approved by the Palm Beach County Traffic Division. Based on the Traffic
Division's review, It has been determined that the residential portion of the
proposed mixed-use redevelopment project Is located within the Coastal Residential
Exception Areas of Palm Beach County and the non-residential portion meets the
Traffic Performance Standards of Palm Beach County. No building permits are to
be Issued after the bulld-out date of 2008 (see Exhibit "c" - Conditions of
Approval). The County traffic concurrency approval Is subject to the Project
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 3
Aggregation Rules set forth in the Traffic Performance Standards Ordinance.
Utilities: The planned purchase of up to 5 million gallons of potable water per day from Palm
Beach County Utilities would supply potable water for this project (projected to a
total of 22,981 gallons per day). Local piping and infrastructure improvements may
be required for the project, dependent upon the final project configuration and fire-
flow demands. These local improvements would be the responsibility of the site
developer and would be reviewed at the time of permitting. Sufficient sanitary
sewer and wastewater treatment capacity Is currently available to serve the project
total of 11,629 gallons per day, subject to the applicant making a firm reservation
of capacity, following approval of the site plan.
Police/Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services. However, it should be noted
that the influx of new development in the downtown area will begin to have an
impact on police and fire services, thereby ultimately increasing the demand for
additional personnel and equipment to balance the increase in population and non-
residential uses in the city.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "c" - Conditions of Approval).
School: The School District of Palm Beach County has reviewed the request and determined
that adequate capacity exists to accommodate the projected resident children.
Driveways: The project can be characterized by "urban / infill" development whereby front
building setbacks are minimal and off-street parking is relegated to a subordinate
role. The plans show that a parking garage would provide for the off-street parking
spaces and it is intentionally proposed as a hidden structure within the core of the
project, unseen from the roadways. Also, the project is not proposing traditional
driveways and surface parking lots like "suburban"-type of projects (where
driveways connect to off-street parking located in front of the buildings). The site
plan shows that vehicles would enter the site from two (2) points of entry.
Pursuant to staff's recommendation, the project proposes only one (1) point of
egress. The main entrance is proposed on Federal Highway and the alternate is
proposed on Southeast 4th Street. Although not scaled, the vehicular entrance
proposed on Federal Highway would be nearly 12 feet in width. The drive aisle,
which would be separate from the pedestrian entrance, would run in an east-west
direction and connect to the interior parking garage. This entrance would also
provide an alternate means of emergency ingress to the interior parking garage
should the other opening be obstructed. This opening would not violate the MU-L
regulations (to discourage mid-block openings) because the Intent of the code was
to discourage the typical off-street surface parking lots located In front of buildings
visible from the roadway; a common characteristic of suburban-type projects. The
proposed parking areas are interior to the site and will be discussed In the fOllowing
section of this staff report. The subject property is a mid-block lot. Had It been
located on a corner, staff would have recommended against an opening onto
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 4
Federal Highway. As previously mentioned, the only point of egress would occur at
the rear of the project, on Southeast 4th Street. This opening, which would also
serve as the alternate point of ingress, would be approximately 23 feet in width. As
a point of egress, it would allow for only right-turn vehicular traffic movement onto
Southeast 44th Street subsequent to the proposed right-of-way (storm water)
improvements to the roadway.
Parking Facility: Off-street parking for the proposed MU-L zoning district must meet the
requirements in Chapter 2, Section 11.H., of the Boynton Beach Land Development
Regulations. The project proposes a mix of residential, retail, and office uses. One-
bedroom apartment units require one and one-half (1112) parking spaces. Two
bedroom apartment units require two (2) parking spaces. The project proposes 48
dwelling units (a mixture of one and two bedrooms), requiring 85 parking spaces.
Retail uses proposed within mixed-use projects require one (1) parking space per
200 square feet of gross leasable floor area. For this project, a total of 26.8
parking spaces would be required for the retail uses. Office uses require one (1)
parking space per 300 square feet of gross floor area. The project proposes 13,354
square feet of office and therefore, would require 44.5 parking spaces. In
conclusion, under these standardized parking methodologies, a total of 156 parking
spaces would be required. However, the project would only provide a grand total
of 119 parking spaces, a deficiency of 37 spaces. Because the applicant is
simultaneously requesting to rezone the property from Community Commercial (C-
3) to the Mixed Use-Low (MU-L), the project would be permitted to utilize the Urban
Land Institute's (ULI) Shared Parking Table methodology as a basis for calculating
the required number of off-street parking spaces. Therefore, based on the Shared
Parking Table, the proposed uses and their respective building areas would require
a grand total of 116 parking spaces.
No on-street parking spaces are proposed for this development. As previously
mentioned, the plans propose a two (2)-story parking garage, internal to the
development. The garage would be nestled between the five (5)-story tower along
Southeast 4th Street and the six (6)-story tower fronting on Federal Highway, and
would accommodate up to 119 vehicles. According to the 1st Floor Plan, a total of
44 parking spaces are proposed on the ground floor. Level 2 would provide the
remaining 75 spaces. Parking space dimensions would conform to code
requirements of nine feet by eighteen feet for 90-degree parking stalls and twelve
feet by eighteen feet for handicap spaces
In conclusion, the parking garage would provide 119 parking spaces or an excess of
three (3) spaces when the ULI Shared Parking Table methodology is utilized.
However, it should be noted that the parking could be negatively impacted in the
future if the applicant requests medical offices within area designated for "office"
use. Medical offices would require additional parking; to be calculated at a ratio of
one (1) space per 200 square feet.
Landscaping:
The landscape plan shows that 80 palm trees are proposed, of which, 62% would
be native species. It also Indicates that over 81 % of the canopy trees would be
native. The landscape plan also proposes 1,674 shrubs / hedges / accents, of
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 5
which, 66% would be native species.
The MU-L zoning district requires that at least 20% of the property remains as
pervious area. The cover sheet tabular data indicates that the total pervious area
would equal 10,519 square feet or 20% of the site. According to the Existing Tree
Table, the subject site currently contains 44 existing trees with a total of 124
caliper inches to mitigate. The species consist of the following trees: RubberTree,
Live Oak, Mango, Sabal palm, Queen palm, and Coconut palm trees. According to
the table, 21 trees would remain on-site.
The plant material proposed along Federal Highway within the front landscape
buffer would be the following: Medjool, Foxtail, and European Fan palms in
conjunction with Trinette, Bouganvillea, and Boston Fern groundcover. The
applicant originally proposed Royal Palm trees instead of Foxtail palm trees within
this front buffer. However, during the review process, it was determined that Royal
palm trees would not be permitted due to the presence of overhead FP&L lines
running along the sidewalk. Nonetheless, staff recommends installing two (2)
additional Foxtail Palm trees within the front landscape buffer. Also, staff
recommends increasing the size of the public space in front of the building along
Federal Highway without jeopardizing compliance with the 20% required pervious
spaee and the zoning district's maximum setback requirements (see Exhibit "CIf -
Conditions of Approval).
Generally, the north and south landscape buffers would be similar in terms of
width, plant quantity, and plant species. The intent of these buffers primarily, is to
soften the look of the parking garage while counting towards the minimum amount
of pervious area. Shade and palm trees are proposed within these buffers with
foundation landscaping installed in a serpentine arrangement. The plant species
proposed within both buffers would include the following: Laurel Oak, Sabal palm,
Ixora "Nora" Grant, Redtip Coeoplum, and Silver Buttonwood hedges, and
Fakahatchee Grass. The Sabal palm trees would be installed in a group of five (5),
at varying heights (between 12, 15, and 18 feet of grey wood). Staff recommends
that the new clusters of Sabal palms proposed at the southeast, southwest, and
northwest corners be install at varying heights between 14 feet to 22 feet (see
Exhibit "CIf - Conditions of Approval).
The landscape buffer proposed along Southeast 4th Street would be minimal in
depth, intended primarily to soften the streetscape. The plant material would
include the following: Xanadu, Ti plant, Pygmy date palm, Bougainvillea,
Tibouchina. No trees are proposed within this buffer. Therefore, staff
recommends reducing the width of the awnings and installing Montgomery or
Alexander palm trees 14 feet to 16 feet in height within the planter spaces between
the doorways and breaks between the windows (see Exhibit "CIf - Conditions of
approval).
The Pool Area detail shows that landscape material is proposed on the recreation
deck above the parking garage. The plans show that a diverse group of plants and
trees are proposed on this deck to soften the hardscape environment while
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 6
providing a more tranquil space for the urban dwellers. The plant species include
the following: Coconut palm, Ti plant, Cassia, Boston Fern, Japanese Fern, and
Purple Crinum.
Building and Site: Building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. The maximum
allowed and proposed project density would be 40 dwelling units per acre. As
previously mentioned, the existing motel building would be replaced with the
proposed five (5) to six (6)-story mixed-use building. The depth of the parcel
extends westward from Federal Highway to Southeast 4th Street. Likewise, the
building would encompass the depth of the entire block, which means that it would
essentially have two (2) "front" building facades, one that faces Federal Highway,
the other, Southeast 4th Street. The taller of the two front facades (six-stories)
would front on Federal Highway. The smaller tower (five-stories) would face
Southeast 4th Street. These towers are connected together with an internal parking
garage. The MU-L zoning district allows for a maximum height of 75 feet.
Proposed building heights greater than 75 feet but less than 100 feet are reviewed
as conditional uses. The elevations show that the roofline of the building would
range from 68 feet to 75 feet in height, which is permitted under the limitations of
the zoning district. However, the top portion of an emergency stairwell proposed
on the east tower would be 78 feet - two (2) inches in height. The applicant
requested a height exception of three (3) feet - two (2) inches. The review of the
height exception is discussed in an accompanying staff report (HTEX 05-001). As
proposed, the project would require height exception approval rather than
conditional use approval because the building height itself is lower than the 75-foot
threshold.
The building is proposed within close proximity of all the property lines in order to
maintain compliance with the maximum setback requirements of the MU-L zoning
district. The east (front) setback would vary but would be eight (8) feet - two (2)
inches at its narrowest point and 23 feet - 10 inches at its widest point. The code
requires the buildings tD be close to the property line but to also allow for public
gathering and pedestrian areas. Therefore, staff recommends increasing the
amount of impervious surface in front of the building with brick-pavers to create
more of a public space without jeopardizing compliance with the minimum required
pervious surface (see Exhibit "c" - Conditions of Approval). Although the MU-L
allows a zero (0) front setback, an additional 10 feet is required for every 50 feet of
building height above the 45-foot threshold. When looking at the elevation and
massing drawing, it appears as though the plans comply with this setback
requirement. However, at the time of permitting, the applicant would be required
to provide this necessary information on either of the aforementioned plans to
ensure compliance with stepback requirements, prior to the issuance of a building
permit. If it is determined that the plans do not comply, thereby necessitating a
major reconfiguration of the building, then that reconfiguration may be subject to
review by the Community Redevelopment Agency and City Commission (see Exhibit
"c" - Conditions of Approval).
The north (side) setback would range between two (2) feet - six (6) inches at its
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 7
narrowest point but would generally be 15 feet - two (2) inches from the south
property line. Likewise, the building would be setback six (6) feet - nine (9) inches
from the north property line at its narrowest point but would generally setback 14
feet - one (1) inch from the north property line. The building would be setback
two (2) feet - four (4) inches from the west property line. Any awnings or
balconies projecting over a pedestrian walkway should allow a nine (9) foot vertical
clearance (see Exhibit "c" - Conditions of Approval).
Generally defined, the Floor-Area-Ratio (F.A.R.) is a ratio between a project's total
proposed floor area (for all levels) divided by the size of the parcel. The allowable
F .A. R. for properties located within the MU-L zoning district and fronting on a major
arterial, such as Federal Highway is between 1.5 and 2.0. This project's proposed
F.A.R. would be 1.82. This figure excludes the parking garage area.
The proposed building composition would be as follows: Residential - 61,035
square feet; Retail - 5,364 square feet; Office - 13,354 square feet; and Parking
Garage - 47,921 square feet. The plans show that the interior parking and office I
retail components would occur on the first and second floors only. The
condominium units would occur on all subsequent floors. It should be noted that a
recreation deck is proposed on top of the parking structure. According to the
tabular data, the one (i)-bedroom and two (2)-bedroom units are proposed in a
variety of styles and sizes. The smallest one (i)-bedroom unit would be 824
square feet (under Ale) and the largest one (i)-bedroom unit would be 1,038
square feet in area. The smallest two (2)-bedroom unit would be 990 square feet
while the largest two (2)-bedroom unit would be 1,447 square feet. No provisions
for screen enclosures are proposed on the balconies.
The project proposes a service entry driveway off of Southeast 4th Street labeled as
"hard trash area" on the site plan. Garbage trucks would enter the site at the
northwest corner of the property and empty the single dumpster and compactor.
This method of trash removal was reviewed and approved by the Public Works
Department.
Design:
With regards to building mass, the applicant states that the building was designed
to minimize impact through the use of intermittent recesses (shadows) and by the
use of balconies. According to the applicant, the end result would be a product
that is an unusually attractive urban artifact. The 1st floor plan shows parking for
bicycles would occur within the parking garage next to the parallel spaces behind
the retail space (see Exhibit "c" - Conditions of Approval). Also noteworthy is that
the project parking would be virtually hidden from all views and is considered to be
a subordinate, unobtrusive element of the plan. Vehicular traffic is contained and
tamed within the internal framework of the project. The parking garage would be
enclosed but would have decorative openings compliant with Florida Building Code.
These openings would resemble large windows. Staff recommends utilizing
aluminum grills within the openings to enhance their appearance (see Exhibit "C"-
Conditions of Approval).
The paint color schedule on the elevation sheets indicates that three (3) different
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 8
colors would be used. The paints would be Sherwin Williams Peace Yellow 2857,
Caribbean Coral 2854, and Sage 2860. The project also proposes black canvas
awnings at street level. Decorative light fixtures would also be placed on the
building edifice at street level, where possible. A general intent of Chapter 9
(Community Design Plan) is to ensure that buildings achieve visual unity of
character and design concepts, in part, through the use of building colors.
However, there are no established noteworthy building colors or architectural
themes within the immediate area with which this project should be compatible.
Located more than three (3) blocks north of the subject site, the Arches project
(NWSP 03-002) is to be painted with multiple colors; some of which would be
similar to the colors proposed in this project. Therefore, the proposed colors for
this site plan would not be inappropriate, incompatible, or obtrusive. However,
staff recommends adding architectural elements and accents to all facades to
enhance the overall appearance of the building (see Exhibit "C" - Conditions of
Approval).
Signage:
Minimal project detail regarding proposed signage was shown with this submittal.
In the future, the applicant intends to submit a sign program but for now, the
signage would consist of lO-inch tall black foam letters. A note indicates that the
style would be "unique to each tenant and in a Art Deco type faced". The letters
would be mounted to wall area and secured with silicon adhesive. As presented,
the elevations are incomplete when referring to project signage. Therefore, staff
recommends utilizing a sign program for the entire project to ensure sustained
continuity throughout the life of the project (see Exhibit "c" - Conditions of
Approval). All project signage shall conform to the regulations as set forth in
Chapter 9 (Community Design Plan) and Chapter 21 of the Land Development
Regulations.
RECOMMENDATION:
Staff has reviewed this request and recommends approval, contingent upon the approval of the concurrent
rezoning application, height exception request, and all items noted within Exhibit "c" - Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be documented
accordingly in the Conditions of Approval.
S:\Planning\SHARED\ WP\PROJECTS\Boynton Lofts\NWSP OS-008\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Lofts
File number: NWSP 05-008
Reference: 2nd review plans identified as a New Site Plan with a January 18, 2005 Planning and Zoning
Department date stamp marking.
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Article II,
Section 10-26 (a).
2. At the time of permitting, provide a detail of the interior of the compactor X
storage room showing compactor guide and stops.
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
3. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
4. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
5. Palm Beach County Health Department permits may be required for the water X
and sewer systems serving this proiect (CODE, Section 26-12).
6. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16Cb))'
COA
02/04/0S
2
DEPARTMENTS INCLUDE REJECT
7. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
9. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
10. The LDR, Chapter 3, Article IV, Section 3(0) requires Master Plans to show X
all utilities on or adjacent to the tract. The plan must therefore show the point
of service for water and sewer, and the proposed off-site utilities construction
needed in order to service this project.
11. The LDR, Chapter 3, Article IV, Section 3(P) requires a statement be X
included that utilities are available and will be provided by all other
appropriate agencies. This statement is lacking on the submitted plans.
12. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
13. At the time of permitting, add an additional fire hydrant to the plans so that X
no more than 300 feet of road travel occurs between hydrants.
14. At the time of permitting, the site addresses shall be placed conspicuously on X
the front of the structure, so the numbers can be seen plainly Site addresses
shall be placed conspicuously on the front of the structure, so the numbers
can be from the street. Numbers used for residences shall be not less than four
inches in height and shall be made of a durable and visible material. Numbers
used for commercial and industrial buildings shall not be less than six inches
in height. (City Ordinance Chapter 20 Section 16.).
15. At the time of permitting, emergency access shall be provided at the start of a X
project and be maintained throughout construction per the Florida Fire
Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding
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02/04/0S
3
DEPARTMENTS INCLUDE REJECT
Construction, Alteration, and Demolition Operations, Section 5-4.3.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
16. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC. It cannot be Type V construction as noted on plans.
17. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
18. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the building design.
19. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
20. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
request.
21. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
22. Add to each building that is depicted on the drawing titled site plan and floor X
plan a labeled symbol that identifies the location of the handicap accessible
entrance doors to each building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and
11-4.3.
23. Compliance with regulations specified in the Fair Housing Act regarding X
handicap accessibility is required (Federal Fair Housing Act Design and
Construction Requirements, Title 24 CFR, Part 100.205).
24. At the time of permit review, submit details of reinforcement of walls for the X
COA
02/04/05
4
DEPARTMENTS INCLUDE REJECT
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwellinl! unit shall comply.
25. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
a. The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD
is above the highest 100-year base flood elevation applicable to the
building site, as determined by the SFWMD's surface water management
construction development regulations."
b. From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
c. Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
26. To properly determine the impact fees that will be assessed for the one-story X
clubhouse, provide the following:
a. Will the pool/clubhouse/recreation building be restricted to the residents
of the entire project only?
b. Will there be any additional deliveries to the site?
c. Will there be any additional employees to maintain and provide service to
the site?
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 clubhouse.
27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
28. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
29. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a The full name of the project as it appears on the Development Order and the
Commission-approved site plan.
a. If the project is a multi-familv project, the building number/s must be
COA
02/04/05
5
DEPARTMENTS
INCLUDE REJECT
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
30. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter I, Article V, Section 3(f))
32. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing
agency prior to the issuance of a building permit for the construction
of a threshold building;
b. All shoring and re-shoring procedures, plans and details shall be
submitted;
c. All plans for the building that are required to be signed and sealed by
the architect or engineers of record shall contain a statement that, to
the best of the architect's or engineer's knowledge, the plans and
specifications comply with the applicable fire safety standards as
determined by the local authority in accordance with this section and
F.S. Section 633.
PARKS AND RECREATION
Comments:
33. As a condition of the issuance of a land development order for residential X
developments, the developer shall dedicate land, pay a fee in lieu thereof, or
both, at the option of the city, for park and recreational purposes and
COA
02/04/05
6
,
DEPARTMENTS INCLUDE REJECT
according to the standards and formula in Chapter I, Article V in the Land
Development Code. The preferred method for satisfaction of the Land
Development Code is payment of a fee based on the following calculation:
48 Multi-family housin~ units (j4 $656.00 per unit = $31,488.00
34. At the time of permitting, submit detailed irrigation plans for right-of-way X
landscaping and site work improvements during the construction document
permitting stage, for review and approval by the Parks Division staff. When
proposing work in the public rights-of-way, show the location of any existing
irrigation lines. In addition, if project proposes pavement on top of any
existing irrigation lines, the contractor must encase said lines in PVC
Schedule 40 sleeves to protect them from future dama~e.
35. At the time of permitting, provide as-built plans showing locations of X
irrigation lines in the rights-of-way to the Parks Division at the close of the
construction contract.
FORESTER/ENVIRONMENTALIST
Comments:
36. The trees numbered 10, 33, 34, 36, and 38 are all mature native species of X
Live Oak that can be relocated by proper root pruning and moving the trees
with proper equipment.
37. The irrigation system design should be low volume water conservation using X
non-portable water.
38. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
39. Trees should have separate irrigation bubblers to provide water directly to the X
root ball (Chapter 7.5, Article II Sec. 5. C.2.).
PLANNING AND ZONING
Comments:
40. Approval of this site plan is contingent upon the accompanying request for X
land use amendment / rezoning (LUAR 05-003) and Height Exception
(HTEX 05-001).
41. At the time of permitting, on the cover sheet tabular data (sheet AOOO), X
substitute the words "variance requested" with "approved per HTEX 05-001"
and correct the height to indicate 78 feet - two (2) inches.
42. At the time of permitting, revise the Massing Model (sheet ILL-I) and other X
applicable sheets to accurate Iv show the roofline of the proposed building.
COA
02/04/05
7
DEPARTMENTS INCLUDE REJECT
43. At the time of permitting, revise the Massing Model (sheet ILL-I) or X
elevations to indicate building stepback compliance of the MU-L zoning
district when structures are above the 45-foot threshold.
44. The project meets the Traffic Performance Standards (TPS) of Palm Beach X
County. However, no building permits may be issue after the build-out date
of 2008 without review and approval of the Traffic Division of Palm Beach
County.
45. A unity of title may be required. The Building Division of the Department of X
Development will determine its applicability.
46. Abandonment and rededication of easements must be recorded pnor to X
issuance of a building permit for the project.
47. On the landscape plan, ensure that the plant quantities must match between X
the tabular data and the graphic illustration.
48. At the time of permitting, on the elevations, show the locations, dimensions, X
color(s), and type of all proposed wall signage (Chapter 4, Section 7.D.).
Submit a master sign program that shows the number, location, dimensions,
exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign
program would address all types of signs, including commercial wall signs,
identification signs, residential subdivision signs, freestanding monument
signs, canopy signs, way-finding signs, directional signs, and all other signs
(including a directional sign indicating location of bicycle parking) as
regulated by Chapter 21 of the Land Development Regulations. All proposed
signage shall be designed and treated as part of the architecture of the
building and color(s) shall be complimentary to the structure on which they
are located. No sign permits may be issued until the sign program is
approved by staff.
49. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X
encouraged (Chapter 9, Section 10.F.3.).
50. Lighting may be used to illuminate a building and its grounds for safety X
purposes and to enhance its beauty. However, the visual effect shall be subtle
(Chapter 9, Section lO.F.4.). Lighting shall not be used as a form of
advertising in a manner that draws more attention to the building or grounds
at night than in the day (Chapter 9, Section lO.F.5.). At the time of
permitting, staff recommends adding architectural lighting to enhance the
project.
51. Any awnings or balconies that project over a pedestrian walkway shall X
provide a vertical clearance of nine (9) feet (Chapter 2, Section 5.F.5.).
52. Staff recommends increasing the size of the new Sabal palm tree clusters X
proposed at the southeast, southwest, and northeast comer at varying heights
COA
02/04/05
8
DEPARTMENTS INCLUDE REJECT
between 20 feet and 28 overall feet.
53. Staff recommends installing 14-foot to 16-foot tall Montgomery or Alexander X
palm trees within the west landscape buffer (in the planter areas) proposed
between the doorways and the breaks in the window.
54. Staff recommends installing more brick-pavers within the front plazas in X
order to increase the size of pedestrian / public gathering space, thereby
meeting the intent of the MU-L zoning district. In any case, staff determined
that there would still be enough room to install two (2) additional Foxtail
palm trees within this plaza along Federal Highway. The Foxtail palm trees
should be installed at a heil!:ht of 18 feet to 20 feet.
55. Staff recommends utilizing aluminum framework inside the "window" X
openings of the parking garage in order to enhance their appearance.
56. Staff recommends adding more architectural elements and accents to all X
facades to enhance the overall aooearance of the building.
COMMUNITY REDEVELOPMENT AGENCY
Comments:
57. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
58. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Soynton Lofts\NWSP 05-008\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Boynton Beach Lofts
AGENT:
Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants,
Incorporated
AGENTS ADDRESS:
298 Pineapple Grove Way Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 15, 2005
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a mixed-use project
consisting of 48 dwelling units, 5,364 square feet of retail, 13,354
square feet of office, and a two (2) level parking garage on a 1.21-acre
parcel in the Mixed-Use Low Intensity zoning district.
LOCATION OF PROPERTY: 623 South Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1 . Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S: IPlanninglSHAREDI WPIPROJECTSIBoynton LoftsINWSP 05-008\00 .doc
City Clerk
....cr
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM A.-'-
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
~ April S, 200S
0 April 19, 200S
0 May 3, 200S
0 May 17,2005
March 14, 200S (Noon.)
o June 7, 200S
o June 21, 200S
o July S, 200S
o July 19, 2005
May 16, 2005 (Noon)
Apri14,200S (Noon)
June 6, 200S (Noon)
April IS, 2005 (Noon)
June 20, 200S (Noon)
May 2, 200S (Noon)
July S, 200S (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o
~
o
o
o
Consent Agenda
Public Hearing
Bids
o Development Plans
o New Business
o Legal
o UnfInished Business
o Presentation
Announcement
City Manager's Report
RECOMMENDATION: Please place this request on the April 5, 2005 City Commission Agenda under Public
Hearing to be combined with the corresponding items for Land Use Amendment and Rezoning. The Community
Redevelopment Agency Board forwards this item with the recommendation for tabling to the City Commission April 19,
2005 meeting, to allow further review and addressing of staff conditions. For further details pertaining to the request, see
attached Department of Development Memorandum No. PZ 05-009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (HTEX 05-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. MasciaIBoynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet - two (2) inches pursuant to the City's
Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a
distance of three (3) feet - two 2) inches above the 75-foot maximum height allowed in
the Mixed-Use Low (MU-L) zoning district.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develo
City Manager's Signature
~ ~IUL
./' Planning and Zoning Dir or City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\HTEX OS-OOI \Agenda Item Request Boynton Beach Lofts HTEX OS-OOI 4-S-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-009
TO:
Chair and Members
Community Redevelopment Agency Board
THRU:
Michael Rumpf
Director of Planning and Zoning
FROM:
Eric Lee Johnson, AICP
Planner
?f
DATE:
February 2, 2005
PROJECT:
Boynton Beach Lofts / HTEX 05-001
Height Exception of three (3) feet - two (2) inches
REQUEST:
PROJECT DESCRIPTION
Property Owner: Mr. Louis F. Mascia / Boynton Motel, LLC
Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated
Agent: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated
Location: 623 South Federal Highway
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Mixed Use (MX)
Proposed Zoning: Mixed Use-Low Intensity (MU-L)
Proposed Use:
Office
Retail
Residential
13,354 square feet
5,364 square feet
48 condominium units
Acreage:
52,542 square feet (1.21 acres)
Adjacent Uses:
North:
Vacant commercial property classified Local Retail Commercial (LRC) land use and
zoned Community Commercial (C-3);
South:
Developed commercial properties (offices) classified Local Retail Commercial (LRC)
land use and zoned Community Commercial (C-3);
East:
Right-of-way for Federal Highway, then further east is developed multi-family
residential (Sterling Village) classified High Density Residential (HDR) land use and
zoned Multi-family Residential (R-3);
Page 2
Memorandum No. PZ 05-009
West:
Right-of-way for Southeast 4th Street, then further west is an active park (Pence
Park) classified Recreational (R) land use and zoned Recreation (REC).
BACKGROUND
Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting to develop a
mixed-use project. The survey shows that the subject property is currently developed with a one (1)-
story motel building and related parking areas. The intent is to raze the existing building and redevelop
the site with a single mixed-use building consisting of two (2) towers and an interior parking garage. At
the roofline, the parking garage would be two (2) stories at 24 feet in height, the west tower would be
five (5) stories at 58 feet in height, and the east tower, proposed along Federal Highway, would be six
(6) stories at 68 feet - eight (8) inches in height. Approval of the site plan, as proposed, is contingent
upon the approval of this request for height exception and accompanying request to rezone (LUAR 05-
003) the property from Community Commercial (C-3) to Mixed-Use Low Intensity (MU-L). The district
allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units
per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-001)
because as proposed, a portion of the building would exceed the 75-foot height threshold. The project is
to be built within one (1) phase with an anticipated completion date of January of 2007.
ANALYSIS
The property is currently zoned C-3. The C-3 zoning district allows for a maximum building height of 45
feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to MU-L.
Part of the justification to rezone to MU-L is to provide developers with greater options for development
and redevelopment projects in and around the downtown area. The objective of the mixed-use zoning
districts, in part, is to support and stimulate revitalization efforts in the city's Community Redevelopment
Agency area. Staff recognizes that a viable downtown and surrounding areas would have a mixture of
uses with higher residential densities.
The MU-L zoning district is appropriate for low to mid-rise development that provides for medium density
residential uses. The MU-L zoning district allows for a maximum building height of 75 feet, by right.
Except as described herein, building heights may exceed that threshold but only as approved via
conditional use. The standards for evaluating a conditional use are different from the standards for
evaluating a height exception.
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions,
states that in considering an application for exception to the district height regulation, the City
Commission shall make findings indicating the proposed exception has been studied and considered in
relation to minimum standards, where applicable. The citywide maximum height of 45 feet would
generally limit a typical building to four (4) stories. The MU-L zoning district allows for a maximum
building height by right at 75 feet. The elevations show that a portion of the building exceeds the 75-foot
threshold. However, this project will not be reviewed as a conditional use because the height of the
building (according to the definition of building height) would actually range between 68 feet - eight (8)
inches and 75 feet, which is below the 75-foot threshold. Only the top portion of the stairwell would be
higher than 75 feet. An emergency stairwell and elevator shaft are the types of building appurtenances
that may exceed the zoning district's height limitation and be eligible for height exception review. In this
case, the top of the stairwell is proposed at 78 feet - two (2) inches in height. The top of the elevator
core would be 76 feet in height. Approval of the height exception request for the stairwell would cover
Page 3
Memorandum No. PZ 05-009
the elevator tower, both of which occur on the east tower. The aforementioned structures would account
for only a small percentage of the entire roof. In fact, the roof plan (sheet A216) shows that the roof
area of the east tower would be 11,416 square feet in area. The size of the roof of the stairwell would be
207 square feet in area. Likewise, the roof of the elevator core would be 86 square feet in area. Both
appurtenances would be a combined total of 293 square feet or 2.5% of the entire roof of the east tower.
The stairwell would be necessary to provide access to the roof. The elevator core is necessary for the
operation of the elevator. Allowance of these heights would not severely reduce light and / or air in the
adjacent areas. The applicant claims that the height exception would not adversely effect property values
in adjacent areas or adversely influence the living conditions in neighboring communities. Staff concurs.
Granting of this height exception does not constitute a special privilege to the current property owner.
RECOMMENDATION
In the accompanying reports, staff is recommending approval of the site plan and request to rezone to the
MU-L zoning district. The City has made every effort to change and create zoning districts (CBD, MU-L,
MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable
residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. As
to the issue of height, staff recommends approval of the height exception request of three (3) feet - two
(2) inches. This would allow the top of the stairwell to be designed at 78 feet - two (2) inches in height.
Any conditions recommended by the Board or City Commission would be placed in Exhibit "CIf - Conditions
of Approval.
S:IPlanningISHAREDlWPlPROJECTSIBoynlon LoftslHTEX 05-001 IStaff Report.doc
Exhibit 'A' - Location Map
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Lofts
File number: HTEX 05-001
Reference: Elevations dated January 18, 2005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
1. None X
Page 2
Boynton Beach Lofts
File No.: HTEX 05-001
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
1. To be determined.
S: IPlanninglSHAREDI WPIPROJECTSlBoynton LoftslHTEX 05-001 ICOA. doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Boynton Beach Lofts
AGENT:
Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants,
Incorporated
AGENT'S ADDRESS:
298 Pineapple Grove Way Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
TYPE OF RELIEF SOUGHT: Request a three (3) foot - two (2) inch height exception for a mixed-use
project on a 1.21-acre parcel in the Mixed-Use Low Intensity (MU-L)
zoning district.
LOCATION OF PROPERTY: 623 South Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PlanningISHAREDlWPIPROJECTSlBoynton LoftsIHTEX 05-oo1\OO.ooc
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ April S, 2005 March 14,2005 (Noon.) D June 7, 200S May 16, 200S (Noon)
0 April 19, 200S Apri14,200S ONoon) D June 21, 200S June 6, 200S (Noon)
0 May 3, 200S April IS, 200S (Noon) D July S, 200S June 20, 200S (Noon)
0 May 17,2005 May 2, 200S (Noon) D July 19, 200S July S, 200S (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing ~ Legal
0 Bids D Unfinished Business
D Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the AprilS, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject
request be approved on March 17, 2005. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-04-263.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Barr Property (LUAR 04-009)
John Barr, Cornerstone Premier Communities
BMVFL-I, Inc.
1801 NE 4th Street
Request to amend the Comprehensive Plan Future Land Use Map from High Density
Residential to Special High Density Residential; and
Request to rezone from R-3 Multi-family Residential to Planned Unit Development
(PUD).
Proposed Use: townhouse community of 180 units
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATfVES~ A;/J
Develo~~Dire1:er City Manager's Signature
. AI.! ?: Q./;'"
Planning and ~nmg Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Barr Property\LUAR 04-009\Agenda Item Request Barr Property LUAR 04-009 4-S-0S.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY BMVFL-l, INC.,
8 AND LOCATED AT 1801 NORTHEAST 4TH
9 STREET; CHANGING THE LAND USE
10 DESIGNATION FROM HIGH DENSITY
11 RESIDENTIAL TO SPECIAL HIGH DENSITY
12 RESIDENTIAL; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
16 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
17 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
18 Government Comprehensive Planning Act; and
19 WHEREAS, the procedure for amendment of a Future Land Use Element of a
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
2 1 and
22 WHEREAS, after two (2) public hearings the City Commission acting in its
23 dual capacity as Local Planning Agency and City Commission finds that the
24 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
25 Plan and deems it in the best interest of the inhabitants of said City to amend the
26 aforesaid Element of the Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 9 Section 1: The foregoing WHEREAS clauses are true and correct and
3 0 incorporated herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Barr.doc
1
Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 1801
4 Northeast 4th Street in Boynton Beach, Florida shall be changed from High Density
5 Residential and shall now be designated as Special High Density Residential (20 du/ac):
6 That portion of Lots 20 through 26, inclusive, lying East ofthe West line of
7 Section 15, Township 45 South, Range 43 East, Boynton Beach, Florida, as
8 shown on the Plat of SAM BROWN JR.'S HYPOLUXO SUBDNISION, as
9 recorded in Plat Book I, Page 8 1, in and for the Public Records of Palm
10 Beach County, Florida. Less however the South 332 feet, of the West 165
11 feet, (as measured along the West and South lines) thereof.
12
13
14 Subject to easements, restrictions, reservation and rights of way of record.
15
16
1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element
18 of the Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
20 repealed.
21 Section 5: Should any section or provision of this Ordinance or any portion thereof
22 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
23 the remainder of this Ordinance.
24 Section 6: This Ordinance shall take effect on adoption, subject to the review,
25 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
26 Planning and Land Development Regulation Act. No party shall be vested of any right by
27 virtue of the adoption of this Ordinance until all statutory required review is complete and
28 all legal challenges, including appeals, are exhausted. In the event that the effective date is
29 established by state law or special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Barr.doc
1
FIRST READING this _ day of
,2005.
2 SECOND, FINAL READING and PASSAGE this _ day of
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
3 2005.
S:\CA\Ordinances\Planning\Land Use\Barr.doc
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING a. ZONING DMSION
MEMORANDUM NO. PZ 04-263
Chair and Members
Community Redevelopment Agency Board and
City comm~s~? _
Dick HudsJRr~
Senior Planner ~
Michael W. Rumpf
Director of Planning and Zoning
October 29, 2004
Barr Property
LUAR 04-009
Amend the Future Land Use designation from High Density
Residential to Special High Density Residential; and,
Rezone the property from R-3 Multi-family Residential to PUD
Planned Unit Development.
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
BMVFL-1, Inc.
Boynton Village, LLC/Cornerstone Premier Communities
1801 NE 4th Street (Exhibit "AfT)
:t9.88 acres
High Density Residential (10.8 dwelling units per acre [du/ac])
(Boynton Mobile Home Park)
R-3 Multi-family Residential
Special High Density Residential (20 du/ac)
PUD Planned Unit Development
Townhouse-style condominium community of 180 units
Page 2
File Number: LUAR 04-009
Barr Property
Adjacent Uses:
North:
Single-family residential development designated High Density
Residential. Property to the northeast is zoned PUD Planned Unit
Development; to the northwest the property is zoned R-3 Multi-
family Residential.
South:
Developed property designated High Density Residential (HDR)
and zoned R-3 Multi-family Residential (day care center and rental
apartments).
East:
Rights-of-way of the Florida East Coast (FEe) Railroad and North
Federal Highway, then developed property on the east side of
Federal Highway, designated Local Retail Commercial and zoned
C-3 Community Commercial.
Right-of-way of NE 4th Street, then developed Multi-family
residential (Boynton Bay) designated High Density Residential and
zoned PUD Planned Unit Development.
West:
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with relevant policies in the Comprehensive Plan and the
adopted "Federal Highwav Corridor Community Redevelopment Plan".
2. The redevelopment of the property is desirable; the proposed rezoning maintains the
residential character of the area, and will provide an aesthetically pleasing living
environment in proximity to the downtown.
3. The proposed development meets the standards expected when a Planned Unit
Development is requested in the Special High Density Residential land use category.
SITE PLAN I MASTER PLAN ANALYSIS
It is a basic expectation that anyone requesting the use of the Special High Density Residential
land use category and PUD regulations will develop to standards that exceed the City's basic
development standards in terms of site design, building architecture and construction materials,
amenities and landscape design. To that end, all applications for rezoning to a PUD must be
accompanied by a detailed master plan or site plan. In this instance, an application for site plan
approval has been submitted and is being reviewed concurrent with this request.
The Special High Density Residential land use category allows up to a maximum of 20 du/ac. In
this instance, the applicant is proposing a development containing 180 units in a mixture of
townhouses and flats with an overall density of 18.2 du/ac.
Page 3
File Number: LUAR 04-009
Barr Property
The site plan proposes one (1) main point of entrance/egress from NE 4th Street. An
emergency point of entrance/egress is shown also from NE 4th Street would be used only when
the main entrance is obstructed.
The 180 dwelling units are proposed within 15 separate buildings arranged along a loop road
within the 9.88-acre site. The number of units within the buildings ranges from eight (8) to 14
units. Two stacked condominium flat units on each end flank two-story townhouse units in
each building. Unit sizes range from 1,356 square feet to 1,879 square feet. The maximum
h~ight of the structures is 35 feet (3 stories), measured to peak of roof.
The PUD zoning district regulations contain no constant minimum setback requirements,
requiring however, that setbacks mirror setbacks of adjacent development. The site plan shows
a setback of 40 feet from NE 4th Street and 20 feet from all other property lines. These
setbacks are consistent with those of adjacent development.
A recreation area is proposed for the center of the development, surrounded by the residential
buildings on all sides. This area contains a clubhouse with 1,838 square feet under air, a
swimming pool, tot-lot and a passive green area. A five (5) foot high aluminum fence will
surround the recreation area.
Staff has recommended approval of the site plan.
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments. The proposed amendment must involve a use of fewer than ten (10) acres
and a residential use must have a density of ten (10) units or less in density, unless the subject
property is located in an area designated for urban intill, urban redevelopment, or downtown
revitalization. The parcels, which are the subject of this land use amendment, total 9.88 acres.
Even though the requested density is greater than 10 dulac, it is located within a recognized
redevelopment area. Because of this and the size of the property under consideration, the
amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted
prior to forwarding to the Florida Department of Community Affairs and is not reviewed for
compliance with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments.' Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
Page 4
File Number: LUAR 04-009
Barr Property
The property is not located within the hurricane evacuation zone. In addition, the proposed
townhouse project will replace an antiquated mobile home park with residences that are less
vulnerable to the effects of tropical storms than older mobile homes since they must meet
minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code.
The criteria for assigning the Special High Density Residential land use category are found in
Policy 1.16.1 of the Future Land Use Element:
"This land use category shall consist of redevelopment and infill residential
areas assigned to this land use category in the portion of the designated
Community Redevelopment Area identified as Planning Area I and Planning
Area V in the "Federal Highway Corridor Community Redevelopment Plan';
adopted on May 15, 2001. "
The proposed redevelopment residential project is located in Planning Area I, as defined in the
above-cited redevelopment plan, and therefore meets the criteria for consideration of the land
use amendment.
Other policies contained in the Comprehensive Plan that are applicable include:
Policy 1.19.1
The City shall continue efforts to encourage a full range of housing choices,
by allowing densities which can accommodate the approximate number and
type of dwellings for which the demand has been projected in the Housing
and Future Land Use Elements, including the provision of adequate sites for
housing very-loJil', low-, and moderate income households and for mobile
homes;
Policy 1.19.7
The City shall continue to change the land use and zoning to permit only
residential or other non-commercial uses in areas where the demand for
commercial uses will not increase, particularly in the Coastal Area; and,
The requested land use amendment and rezoning are consistent with both policies. In addition,
they are consistent with the following strategies for Planning Area I, as stated in the "Federal
Highway Corridor Community Redevelooment Plan":
Encourage a variety of housing. Develop intensity standards that allow
for a variety of housing styles and types at intensities that will assist in
supporting the downtown area and general economic expansion; and,
Require a transition to the adjacent gateway neighborhoods. Create
development standards in the city entrance communities that establish a
logical transition to the gateway communities. Building scale, massing and
placement should be less intense than that of the adjacent planning areas,
but substantial enough to announce an arrival in the City.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
Page 5
File Number: LUAR 04-009
Barr Property
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The requested land use amendment and rezoning will promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor suggests that the requested increase in density
is appropriate for the area. Adjacent properties lying north, west and south of the subject
property are designated for high density residential uses, and while the requested density is
greater than that of the surrounding development, it is consistent with the transition in uses
recommended in the Federal Highway Corridor Community Redevelopment Plan.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The property is currently developed with an aging mobile home park. The redevelopment of
the property is desirable. The proposed rezoning maintains the residential character of the
area, and will provide an aesthetically pleasing living environment in proximity to the
downtown.
c. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Projected utility systems demands, traffic generation and public school impact were provided by
the applicant and are shown below.
01-1 ... 1Il
c: - ....c: ~N '" '0
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Existing Land Use 110 mobile 249 41,140 gpd 65 peak hr. Elem=9
(Actual) Mobile Home Park homes persons 33,000 gpd trips Middle=4
----- Hiah= 7
HDR maximum potential 106 du 242 39,644 gpd 57 peak hr. Elem=8
persons 31,800 gpd trips Middle=4
Hiah=6
Proposed Land Use (SHDR) 197 du 447 73,678 gpd 106 peak Elem=16
persons 59,100 gpd hr. trips Middle=8
-------- --- ------ ---- ------ High= 12
Proposed Development 180 du 409 67,320 gpd 97 peak hr. Elem=14
persons 54,000 gpd trips Middle=7
Hiah=l1
1
2
3
2.27 persons per du=average household population per 2000 census
Demands: Water=347 gpd per unit Sewer=300 gpd per unit
Peak Hour Trip Rates: Townhouse=O.54 Mobile Home=O.59
The subject property, located east of Interstate-95, is in the Coastal Residential Exception Area,
and is therefore not subject to the Palm Beach County Traffic Performance Standards. The
Page 6
File Number: LUAR 04-009
Barr Property
traffic statement provided by the applicant meets the requirements of Palm Beach County by
showing both daily trip generation rates and AM and PM peak hour trip generation
characteristics. The Utilities Department indicates that sufficient capacity for potable water and
sanitary sewer exists to serve the development. The Palm Beach County Solid Waste Authority
has stated that adequate capacity exists to accommodate the county's municipalities throughout
the 10-year planning period. The School District of Palm Beach County has reviewed the
application and has determined that adequate capacity exists to accommodate the resident
population. The City's Police Department has indicated that service demands of the requested
development will be no greater than those currently experienced by the present use. Lastly,
drainage will also be reviewed in detail as part of the review of the conditional use application,
and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning to PUD is compatible with abutting development. The project is
separated from properties to the east by rights-of-way and development standards of the PUD
district require that setbacks of adjacent developments be mirrored in the site plan for the
development.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently used as a mobile home park. It could be redeveloped under the
existing land use designation and zoning, which allows a maximum residential density of 10.8
du/ac. The additional density will enable an economically viable redevelopment project, with
units priced lower than the units currently being built in the Federal Highway corridor, thereby
conforming to the Comprehensive Plan policy calling for a full range of housing opportunities for
residents of the City.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The property is less than 10 acres in size, but has a linear configuration stretching more than
1,000 feet along the Federal Highway/FEC corridor and is highly visible from Federal Highway.
The aesthetic quality of the proposed redevelopment project will greatly improve impacts of the
property on the property on the corridor, which is viewed as a gatway into the downtown and is
targeted for aesthetic improvements. The requested land use amendment and rezoning will
facilitate the redevelopment of the antiquated mobile home park in a manner consistent with
the "Federal Highwav Corridor Community Redevelopment Plan".
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted in
Page 7
File Number: LUAR 04-009
Barr Property
the Federal Highway corridor to encourage infill development and redevelopment. There are a
limited number of sites elsewhere in the city where residential development could occur at a
density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and
infill development that this location affords. Nor would development of those available sites
serve to promote the goals of the Community Redevelopment Agency and the Federal Highway
Corridor Community Redevelopment Plan.
CONCLUSIONS/RECOMMENDAnONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that cannot be provided; will be compatible with
adjacent land uses and will contribute to the overall economic development of the City.
Therefore, staff recommends that the subject request be approved. If the Community
Redevelopment Agency Board or the City Commission recommends conditions, they will be
included within Exhibit "B".
ATTACHMENTS
S:\Plamlng\SHARED\WP\PROJECTS\Barr Property\LUAR 04-009\STAFF REPORT NEW.doc
EXHIBIT A
Barr Amendment LUAR 04-009
Location Map
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM B.l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ April S, 200S March 14, 200S (Noon.) D June 7, 200S May 16, 200S (Noon)
D April 19, 200S April 4, 2005 (Noon) D June 21, 2005 June 6, 200S (Noon)
D May 3, 200S April 18, 200S (Noon) D July S, 200S June 20, 200S (Noon)
D May 17,2005 May 2, 200S (Noon) D July 19, 200S July S, 200S (Noon)
D Administrative 0 Development Plans
NATURE OF D Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing 0 Legal
D Bids D UnfInished Business
D Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the April 5, 2005 City Commission Agenda under Public
Hearing, inunediately following the corresponding items for Land Use Amendment and Rezoning. The Conununity
Redevelopment Agency Board reconunended that the subject request be approved on March 17,2005. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 04-258.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Barr Property (NWSP 04-013)
John Barr, Cornerstone Premier Conununities
BMVFL-l, Inc.
1801 NE 4th Street
Request for New Site Plan approval for a l80-unit townhome development on a 9.99-acre
parcel in a proposed PUD zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop
City Manager's Signature
~ A~
..-/' Planning and Zoning ~ctor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\BaIT Property\NWSP 04-013\Agenda Item Request Barr Property NWSP 04-013 4-5-0S.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
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ORDINANCE NO. 05-
6
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AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF BOYNTON VILLAGE, LLC/
CORNERSTONE PREMIER COMMUNITIES,TO
REZONE A PARCEL OF LAND, AMENDING
ORDINANCE 02-013 TO REZONE A PARCEL OF
LAND LOCATED AT 1801 NORTHEAST 4TH
STREET, BOYNTON BEACH, FLORIDA, FROM
MULTI FAMILY RESIDENTIAL (R-3) TO
PLANNED UNIT DEVELOPMENT (PUD);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
18
19
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
21 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
22 said City; and
23 WHEREAS, BMVFL-I, Inc., owner of the property located at 1801
24 Northeast 4th Street in Boynton Beach, Florida, as more particularly described
25 hereinafter, has heretofore filed a Petition, through its agent, Boynton Village,
26 LLC/Comerstone Premier Communities, pursuant to Section 9 of Appendix A-
27 Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose
2 8 of rezoning a parcel of land, said land being more particularly described hereinafter,
29 from Multi-Family Residential (R-3) to Planned Unit Development (PUD); and
3 0 WHEREAS, the City Commission conducted a public hearing and heard
3 1 testimony and received evidence which the Commission finds supports a rezoning
S:\CA\Ordinances\Planning\RezoninglRezoning - Barr Property.doc
1 for the property hereinafter described; and
2 WHEREAS, the City Commission finds that the proposed rezomng IS
3 consistent with an amendment to the Land Use which was contemporaneously
4 considered and approved at the public hearing heretofore referenced; and
5 WHEREAS, the City Commission deems it in the best interests of the
6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
7 set forth.
8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
Section 1.
The foregoing Whereas clauses are true and correct and
11 incorporated herein by this reference.
12
Section 2.
The following described land, located at 1801 Northeast 4th
13 Street in the City of Boynton Beach, Florida, as set forth as follows:
14
15 That portion of Lots 20 through 26, inclusive, lying East of
16 the West line of Section 15, Township 45 South, Range 43
1 7 East, Boynton Beach, Florida, as shown on the Plat of SAM
18 BROWN JR.'S HYPOLUXO SUBDNISION, as recorded
19 in Plat Book 1, Page 81, in and for the Public Records of
20 Palm Beach County, Florida. Less however the South 332
21 feet, of the West 165 feet, (as measured along the West and
22 South lines) thereof.
23
24
25 be and the same is hereby rezoned from Multi-Family Residential (R-3) to Planned Unit
26 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part
27 of this Ordinance by reference.
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Barr Property. doc
1 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended
2 accordingly.
3 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
4 repealed.
5 Section 6. Should any section or provision of this Ordinance or any portion
6 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
7 not affect the remainder of this Ordinance.
8 Section 7. This ordinance shall become effective immediately upon passage.
9
FIRST READING this _ day of
,2005.
10
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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2 6 ATTEST:
27
28
29 City Clerk
30
31 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Barr Property.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-258
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Eric Lee Johnson, AICP
Planner
rj
DATE:
November 3, 2004
PROJECT NAME/NO:
REQUEST:
Barr Property / NWSP 04-013
New Site Plan
PROJECT DESCRIPTION
Property Owner: Boynton Village, LLC.
Applicant: Boynton Village, LLC.
Agent: Mr. John Barr / The Cornerstone Group, Incorporated
Location: On the east side of Northeast 4th Street, approximately 850 feet south of
Gateway Boulevard (1801 Northeast 4th Street / see Location Map -
Exhibit "AIf)
Existing Land Use: High Density Residential (10.8 dwelling units per acre [du/acD (Boynton
Mobile Home Park)
Existing Zoning: Multi-family Residential (R-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning: Planned Unit Development (PUD)
Proposed Use: 180 townhouse units
Acreage: 9.888 acres (430,728 square feet)
Adjacent Uses:
North:
Single-family development designated High Density Residential (HDR) and
zoned Multi-family Residential (R-3). To the northeast is designated High
Density Residential and zoned Planned Unit Development (PUD);
Staff Report -Barr Property (NWSP 04-013)
Memorandum No PZ 04-258
Page 2
South:
Southwest is developed commercial (Youthland Academy of Boynton
Beach) designated High Density Residential (HDR) and zoned Multi-family
Residential (R-3); southeast is developed residential (Florida Four Seasons
Manor ACLF) designated High Density Residential (HDR) and zoned Multi-
family Residential (R-3);
East:
Rights-of-way for the Florida East Coast (FEe) Railroad and North Federal
Highway; and
Right-of-way for Northeast 4th Street, then farther west is developed
Multi-family residential (4 Sea Suns Condominiums) designated High
Density Residential (HDR) and zoned Planned Unit Development (PUD).
West:
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this
request and its respective hearing dates. The applicant certifies that they posted signage and mailed
notices in accordance with Ordinance No. 04-007.
Site Characteristic: The subject site is comprised of multiple lots, resulting in an irregularly-shaped
parcel, which totals nearly 10 acres. The parcel is located on the east side of
Northeast 4th Street and directly west of the Florida East Coast Railroad tracks. The
property is currently developed with 110 mobile homes and their respective parking
areas, however, only 94 of them are licensed. As indicated on the survey, a 12-foot
wide FP&L easement traverses the center of the property, in a north-south
direction. Also, the survey shows the locations of fences (along the property
perimeters), the one (1) story clubhouse / swimming pool area and a boat storage
area. The letter streets (i.e. "BIf Street through "GIf Street) are not platted rights-
of-way and therefore, would not require abandonment. The highest ground
elevation (15 feet) occurs along the west property line, at the northwest corner of
the property.
BACKGROUND
Proposal:
Mr. John Barr, representative for Boynton Village, LLC, is proposing a new site plan
for 180 townhouse units. The townhouses units would not be fee-Simple.
Approval of this project is contingent upon the approval of the corresponding
request for land use change and rezoning (LUAR 0409-009). Townhouses are
permitted uses in the PUD zoning district. Under the Special High Density
Residential land use category, the maximum allowable project density would
consist of 197 dwelling units (density at 20 dwelling units per acre). The project
proposes a total of 180 dwelling units, which equals a density of 18 dwelling units
per acre. The entire project would be built in one (1) phase.
Staff Report -Barr Property (NWSP 04-013)
Memorandum No PZ 04-258
Page 3
ANALYSIS
Concurrency:
Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. The Palm
Beach County Traffic Division has determined that the proposed residential project
is located within the designated Coastal Residential Exception Areas of the county,
and therefore meets the Traffic Performance Standards of Palm Beach County.
However, the applicant provided a traffic analysis based on only 152 units, not 180
units. Therefore, an updated traffic analysis is required and must be approved by
the County prior to the issuance of any building permits (see Exhibit "CIf -
Conditions of Approval). Furthermore, no building permits are to be issued by the
City, after the 2007 build-out date. The County traffic concurrency approval is
subject to the Project Aggregation Rules set forth in the Traffic Performance
Standards Ordinance.
Utilities: The City of Boynton Beach is proceeding with plans for the purchase of surplus
potable water from Palm Beach County Utilities, via existing interconnection points,
to supplement its current capacity. This purchase agreement will be in effect
within a few months and will provide sufficient capacity to serve this project as it
relates to potable water. Sufficient sanitary sewer and wastewater capacity is
currently available to serve this project, subject to the applicant making a firm
reservation of capacity, following approval of the site plan.
Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"CIf - Conditions of Approval).
School: The School District of Palm Beach County has reviewed the request and determined
that adequate capacity exists to accommodate 152 dwelling units. However, the
School District was not given complete information. Therefore, prior to the
issuance of any building permits, the School District must approve the project for
180 dwelling units (see Exhibit "CIf - Conditions of Approval).
Driveways: The project proposes one main (1) point of ingress / egress to the subject site.
This point would be located on Northeast 4th Street. The site plan (sheet SP1)
shows that each lane for ingress and egress would be 11 feet in width. This egress
lane would allow for both right and left (north and south) turning movements on
Northeast 4th Street. It should be noted that another access point is also proposed
along Northeast 4th Street. However, this alternate access point would only be used
for emergency vehicles in case the main point of ingress / egress is obstructed.
Staff Report -Barr Property (NWSP 04-013)
Memorandum No PZ 04-258
Page 4
The surface of this access point would be comprised of stabilized sod. To prevent
vehicles from entering or exiting, it would be gated and secured with a Knox Box
(see Exhibit "C' - Conditions of Approval). No residents or guests would be able to
use this alternate entry / exit on Northeast 4th Street.
The private streets, internal to the development, would conform to current
engineering standards. The street pavement would be 24 feet in width, not
including the 2-foot wide valley-gutters and 4-foot wide grassy swale areas. All
internal roadways would accommodate two (2) -way traffic movements.
Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per
unit. The project proposes a mix of two (2) and three (3) bedroom units for a total
of 180 dwelling units. A recreation / clubhouse area is also proposed. Therefore,
based on the above referenced number of units and the amenity, the project
requires a total of 365 parking spaces. The site plan shows that each unit would
have a one (l)-car garage, which would thus equate to 180 parking spaces. In
addition, each unit would have enough room to park one (1) vehicle in the driveway
(itemized as "tandem parkinglf on the site plan tabular data), which in turn, would
equate to another180 parking spaces. Finally, the plan proposes 38 off-street
parking spaces. Combined, the site plan would provide for a total of 398 parking
spaces or an excess of 33 parking spaces. According to the Typical Handicapped &
Standard Parking Detail, the 90-degree parking stalls would be dimensioned nine
(9) feet in width by 18-feet in length. The handicap parking spaces would be
dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in
length.
Landscaping: The Tree Disposition Plan (sheet TD-2) indicates that there are a total of 188
existing trees on-site. The plan indicates that 155 trees would be removed and
mitigated; the remaining trees would be relocated. The tree species to be
relocated would be the following: Sabal palm, Frangipani, Coconut palm, Queen
palm, Gumbo Limbo, Christmas palm, Royal Poinciana, and Royal palm. According
to the site plan tabular data (sheet SP1), the proposed pervious area would equal
3.6 acres or 33.43% of the site. The Plant List (sheet L -2) indicates that 381 of the
494 trees (77%) of the trees would be native while 3,427 of the 4,241 or 80% of
the shrubs would be native. Likewise, 2,090 or 51.3% of the 4,071-groundcover
plants would be native. This meets the intent of Chapter 7.5, Article II, Section 5.P
of the Land Development Regulations.
The site plan (sheet SP1) shows that the western landscape buffer would be 40
feet in width. The Northeast 4th Street Landscape Elevations (L-4) show that a five
(5) foot high perimeter fence (with 6-foot high decorative columns) is proposed
within this buffer, which would be installed close to and running parallel with the
west property line. The perimeter plantings along the fence and property line
would include staggered rows of Live Oak and Satinleaf shade trees. The Satin leaf
would be 12 feet in height at the time of installation; the Live Oak trees would be
14 feet in height at the time of installation. A row of Redtip Cocoplum hedges and
Beach Dune Sunflower plants would be installed along the outside of the fence.
Simpson Stopper trees are also proposed within this east landscape buffer, to be
Staff Report -Barr Property (NWSP 04-013)
Memorandum No PZ 04-258
Page 5
installed on the inside of the fence.
The development's front entrance (shown on sheet L-3) would be heavily
landscaped with an array of trees, hedges, and groundcover. The plant material
would include the following: 440 Imperial Blue Plumbago, 40 Redtip Cocoplum, 20
Cardboard Zamia, 160 Blueberry Flax Lily, seven (7) Hibiscus trees, six (6)
Ligustrum trees, four (4) Purple Glory trees, six (6) Montgomery palm trees, and
eight (8) Royal palm trees.
The width of the south side landscape buffer would vary. It would be
approximately three and one-half (3-V2) feet in width at its narrowest point but 20
feet in width at its widest point. The landscape plan (sheet L-2) shows that a row
of Gumbo Limbo trees and Redtip Cocoplum hedges are proposed within the entire
buffer. Three (3) Live Oak trees are proposed at the southwest corner of the
property. Staff recommends that the species be switched so that three (3) Gumbo
Limbo trees are proposed at the southwest corner of the property and that the Live
Oaks are proposed in a row within the length of the buffer (see Exhibit "CIf -
Conditions of Approval).
The rear (east) landscape buffer, adjacent to the railroad tracks would be 20 feet in
width. This buffer would include a six (6) foot high C.B.S. wall, a row of Redtip
Cocoplum hedges (installed on the inside of the wall), and a row of Green
Buttonwood trees. The Green Buttonwood trees would be installed 20 feet apart,
which exceeds the minimum code requirement.
The side (north) landscape buffer would be 20 feet in width. This buffer would
include a six (6) foot high C.B.S. wall, a row of Firebush, and a row of Gumbo
Limbo trees (installed on the inside of the wall).
The Typical Landscape Plans for each building (sheet TU-1) show that Ixora Nora
Grant shrubs and Montgomery palm trees would be placed in front of each
building. Redtip Cocoplum hedges would be placed along the sides and rear of the
buildings, in particular, in those areas to help screen the at-grade air conditioning
units.
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
PUD zoning district with a density of 18 dwelling units per acre. The maximum
density allowed by Special High Density Residential land use classification is 20
dwelling units per acre. The 180 dwelling units are proposed within 15 separate
buildings on the 9.88-acre site. Each building would contain a varying number of
dwelling units, ranging from eight (8) units to 14 units. The unit plans (sheet
A.13.0 through sheet A.16.0) show the size of each unit, ranging from 1,356
square feet to 1,879 square feet of "under roof area".
The PUD zoning district allows buildings to reach a maximum height of 45 feet,
however, a lesser height could be imposed if compatibility with the adjacent
properties would be in jeopardy. The project proposes four (4) types of buildings,
all of which, would be 3-stories tall. These buildings would be slightly over 35 feet
Staff Report -Barr Property (NWSP 04-013)
Memorandum No PZ 04-258
Page 6
in height, measured at the peak of the pitched roof. The elevations do not indicate
the dimension for the mean-height level of the roof.
The PUD zoning district contains no minimum building setback requirement. As
previously mentioned, the site plan (sheet SP1) shows a 40-foot wide (building)
setback from Northeast 4th Street (front) and a 20-foot wide setback from the east
property line (rear), north (side), and south (side) property lines. These proposed
setbacks are consistent with the existing setbacks within the surrounding
neighborhoods. Each unit owner would be allowed to have a concrete patio in the
rear yard. The note on the site plan tabular data (sheet SP1) indicates "no screen
enclosures are permitted in this project". Nothing would be allowed outside the
building envelope. Any such future proposal to have them extend farther than the
building envelope would require a master plan modification. However, a six (6)
foot high by six (6) foot long masonry wall would be placed at the rear of each unit
to provide for extra privacy between units.
The recreation area would be located at the center of the development, flanked by
the townhouse buildings on all sides. It would include a clubhouse, swimming
pool, park, and tot-lot area. The clubhouse elevation (sheet A-17) shows that the
peak of the roof would be 24 feet - 10 inches in height. A five (5) foot high
aluminum fence would surround the entire pool area. This would be the same type
of fence that is proposed along the west property line. A masonry wall, six (6) feet
in height would be placed along the entire north, south, and east property lines
Design:
The proposed buildings and clubhouse resemble a modern design with textured
stucco finish, decorative shutters, and flat roof tile. The exterior walls of the
townhouse and recreation building would be multi-colored consisting of the
following Benjamin Moore paints: Base Color 1- Pale Straw 2021-70, Base Color 2
- Peach Sorbet 2015-40, Shutters and Railings - Midnight Navy 2063-10m, Accent
Color 1 and Outriggers - Chantilly Lace 2121-70.
The plans propose one (1) type of outdoor freestanding lighting fixture. However,
the photometric plan detail (sheet PH1) illustrates the light pole but does not
include its dimensions, exterior finish, or color.
One characteristic of this project deserving special recognition is the amount and
allocation of the green / open space. This serves as an example of providing an
aggregate, usable recreational space area.
Signage:
The Project Wall Sign detail (sheet A-18) shows that a 32-square foot subdivision
sign would be located on the entry walls located along Northeast 4th Street. The
detail indicates the lettering style would be bronze Times New Roman lettering
style.
Staff Report -Barr Property (NWSP 04-013)
Memorandum No PZ 04-258
Page 7
RECOMMENDATION:
Staff has reviewed this request for new site plan approval and is recommending approval of the site plan,
contingent upon the successful request for land use amendment / rezoning (LUAR 04-009) and subject to
satisfying all comments indicated in Exhibit "CIf - Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the Conditions of
Approval.
5: \Planning\SHARED\ WP\PROJECTS\Barr Property\NWSP Q4-013\Staff Report.doc
BARR PROPERTY NWSP 04-013
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EXHIBIT "C"
Conditions of Approval
Project name: Barr Property
File number: NWSP 04-013
Reference: 3rd review plans identified as a New Site Plan with an October 12,2004 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. Complete drainage plans, including drainage calculations in accordance with X
the LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
2. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
3. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
4. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
6. A building permit for this project shall not be issued until this Department has X
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DEPARTMENTS INCLUDE REJECT
approved the plans for the water and/or sewer improvements required to
service this proiect, in accordance with the CODE, Section 26-15.
7. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
8. All portions of this project shall be accessible by the Fire Department from X
the time of first construction, per City Ordinance 9-14. This includes the
installation of a Knox Box at the alternate point of emergency vehicle ingress
/ egress.
9. All roads shall be capable of withstanding the weight of Fire Department X
vehicles and shall be kept clear at all times.
10. All hydrants shall be wet before construction begins in the area covered by X
that hydrant.
11. The site address shall be posted in contrasting six (6) inch high letters. The X
address shall be visible from the road way at all times. The address shall be
posted before construction begins.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
12. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
13. A minimum of 2% of the total parking spaces provided for the dwelling units X
covered under the Fair Housing Act shall be accessible and comply with the
requirements of the act. Accessible parking spaces shall be equally distributed
for each type of parking provided, e.g. surface parking, parking structures,
etc. per Title 24 CFR, Part 100.205.
14. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Reauirement #6. All bathrooms within
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3
DEPARTMENTS INCLUDE REJECT
the covered dwelling unit shall comply.
15. Add to the drawing the calculations that were used to identify the minimum X
number of required handicap accessible parking space/so Also, state the code
section that is applicable to the computations.
16. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
accessible units and the recreational amenities that are provided for the
project and other common area elements located at the site. The symbol shall
represent the location of the path of travel, not the location of the detectable
warning or other pavement markings required to be installed along the path.
The location of the accessible path shall not compel the user to travel in a
drive/lane area that is located behind parking vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum width required by the
Code is 44 inches). Add text that would indicate that the symbol represents
the accessible route and the route is designed in compliance with regulations
specified in the Fair Housing Act. Please note that at time of permit review,
the applicant shall provide detailed documentation on the plans that will
verify that the accessible route is in compliance with the regulations specified
in the 2001 FBC. This documentation shall include, but not be limited to,
providing finish grade elevations along the path of travel.
17. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
a. The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _. _ NGVD
is above the highest 100-year base flood elevation applicable to the
building site, as determined by the SFWMD' s surface water management
construction development regulations."
b. From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
C. Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
18. To properly determine the impact fees that will be assessed for the one-story X
pool/clubhouse/recreation building/lease office, provide the following:
a. Will the pool/clubhouse/recreation building 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?
C. Will there be any additional deliveries to the site?
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4
DEPARTMENTS
d. Will there be any additional employees to maintain and provide service to
the site?
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.
INCLUDE REJECT
19. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
20. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order
and the Commission-approved site plan.
a. 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.
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
21. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
22. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
23. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal.
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5
DEPARTMENTS INCLUDE REJECT
24. At the time of permitting, show the proposed site lighting on the site and X
landscape plans.
PARKS AND RECREATION
Comments:
25. The development is comprised of 180 single-family attached units. The X
Recreation and Parks Facilities impact Fee is computed as follows:
180 single -family attached units @J $771 ea. = $ 138,780
26. The developer should add bike racks adjacent to the recreation amenities. X
FORESTER/ENVIRONMENT ALIST
Comments:
27. Irrigation Plan X
The irrigation design should be low-flow for water conservation. All shade
and palm trees should receive irrigation from a bubbler source (Chapter 7.5,
Article II Sec. 5A).
28. Turf areas should be limited in size. Landscape (bedding plants) areas should X
be designed on separate low-flow zones with proper time duration for water
conservation (Chapter 7.5, Article II Section 5. C.2.).
PLANNING AND ZONING
Comments:
29. Approval of this site plan is contingent upon the accompanying request for X
land use amendment / rezoning (LUAR 04-009). This includes the proposed
project density. On the site plan (sheet SPl) tabular data, indicate the
project's proposed density.
30. A unity of title may be required. The Building Division of the Department of X
Development will determine its applicability.
3 1. At the time of permitting, the traffic impact analysis must be revised to X
indicate 180 townhouse units. The County must approve the analysis prior to
the issuance of any building permits. No building permits are to be issued
by the city, after the 2007 build-out date. The County traffic concurrency
approval is subject to the Project Aggregation Rules set forth in the Traffic
Performance Standards Ordinance.
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11/18/04
6
DEPARTMENTS INCLUDE REJECT
32. The School District of Palm Beach County approved the project for 152 X
dwelling units for school concurrency but 180 are proposed. At the time of
permitting, the School District of Palm Beach County must approve a total of
180 dwelling units. A revised approval letter (from the County) would be
required prior to the issuance of any building permits.
33. The detail of the typical freestanding outdoor lighting fixture should include X
the overall height, exterior finish, materials used (Le. concrete or aluminum)
and color(s). The placement of these
34. On the landscape plan, ensure that the plant quantities must match between X
the tabular data and the graphic illustration.
35. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.).
36. The landscape plan (sheet L-2) shows that a row of Gumbo Limbo trees and X
Redtip Cocoplum hedges are proposed within the south landscape buffer.
Also, three (3) Live Oak trees are proposed at the southwest comer of the
property. Staff recommends that the species be switched so that three (3)
Gumbo Limbo trees are proposed at the southwest comer of the property and
that the Live Oaks are proposed in a row within the length of the buffer.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS:
Comments:
37. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
38. To be determined.
MWRlelj
S:\Planning\SHARED\WP\PROJECTS\Barr Property\NWSP 04-013\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Barr Property
APPLICANT: Mr. John Barr I The Cornerstone Group, Incorporated
APPLICANT'S ADDRESS: 2121 Ponce de Leon Boulevard Penthouse Coral Gable, Florida 33134
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 2004
rescheduled to January 18, 2005.
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 180 townhouse units on
9.888 acres in the PUD zoning district.
LOCATION OF PROPERTY: 1801 Northeast 4th Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S: \Planning\SHAREDI WP\PROJECTSIBarr PropertylNWSP 04-013\DO.doc
City Clerk
Q(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ April 5,2005 March ]4,2005 (Noon.) D June 7, 2005 May] 6, 2005 (Noon)
D April ]9,2005 Apri] 4, 2005 (Noon) D June 2], 2005 June 6, 2005 (Noon)
D May 3, 2005 April ]8,2005 (Noon) D Ju]y 5, 2005 June 20, 2005 (Noon)
D May ]7,2005 May 2,2005 (Noon) D July ]9, 2005 Ju]y 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
~ City Manager's Report
RECOMMENDATION:
City Manager's Report.
Please place this discussion item on the April 5, 2005 City Commission Agenda under
EXPLANATION: Staff has been directed to provide information regarding possible future annexations to
the City, with emphasis on unincorporated enclaves. The accompanying map is intended only to show the general locations of
enclaves; however, more detailed, appropriately scaled maps will be prepared for presentation/discussion purposes. It has
been several years since the status of county enclaves was reviewed, particularly subsequent to the peak in annexation
activities that occurred in the late 1990's. The topic of "annexation" is receiving greater attention again, in part due to county
efforts. Although annexation activity has slowed in the northwestern part of the city, several annexations have recently
occurred in the southeastern comer of the city, chipping away from three (3), once sizeable enclaves adjacent to Old Dixie
Highway and Federal Highway. Staff is currently finalizing maps and support data intended to clearly describe enclaves and
selected adjacent properties. Staff will present this information, as well as provide a brief explanation of annexation
mechanisms, and current development trends and anticipated private annexations within and adjacent to the enclaves. Based
on the previous accepted position that enclave properties could be served by basic city services without service upgrades, staff
has not obtained current value and tax revenue data for this discussion. Current service capabilities, as well as other issues
involving permit/licensing status, and non-conforming uses should be researched as a prerequisite phase to any annexations
initiated from this effort.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
J-./() L. t::
Planning and t . g Director
City Attorney / Finance / Human Resources
S:\P]anning\HUDSON\ANNEXATIONS\Agenda Item Request - Apri] 5 2005 -Annexation.dot
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ANNEXATION
Enclaves and Pockets
Introduction
In December 2002, Palm Beach County issued an Enclave Report as a part of a
proposed enclave bill. County staff developed the report with input from affected
municipalities, including the City of Boynton Beach.
In the intervening period since the report was issued, the City of Boynton Beach has
continued to annex eligible properties upon the request of the property owner, so the
original enclaves and pockets cited in the report have been somewhat reduced. The
enclaves and pockets discussed in this report, however, are based on the County's
study.
Overview
Chapter 171, Florida Statutes (F. S.) governs the annexation of land, and was
established in 1974 to ensure sound urban development, establish legislative standards
for the adjustment of municipal boundaries, ensure efficient provision of urban services,
and ensure that areas are not annexed unless municipal services can be provided. The
statute also provides the following "enclave" definition:
Enclave "means:
1. Any unincorporated improved or developed area that is enclosed within and
bounded on all sides by a single municipality; or
2. Any unincorporated improved or developed area that is enclosed within and
bounded by a single municipality and a natural or manmade obstacle that allows
the passage of vehicular traffic to that unincorporated area only through the
municipality."
In addition to identifying enclaves, the County study also identified "pocket" areas
(areas surrounded on three sides by a municipality) that represented service delivery
issues and included them in the report.
The study identified 16 enclaves or pockets totaling 431 acres eligible for annexation
into the City of Boynton Beach. Recent annexations have divided some of the original
areas, so that City staff now identifies 19 enclaves or pockets with a total acreage of
359 acres that are the subject of this report. These range from areas containing single
parcels to one containing 126 parcels. Sizes range from 0.7 acres to 79 acres. Each of
these areas is described below.
1
Enclaves and Pockets
1 &. 2 The two pockets are located on the east side of Lawrence Road just south
of Hypoluxo Road. Each is slightly less than 10 acres (9.344 and 9.338 acres
respectively). Enclave 1 contains 4 parcels and enclave 2 contains two. Neither of
these enclaves have water service agreements. Land Use designation for each is MR-5
(Medium Density Residential 5 dwelling units per acre [dujac] if zoned PUD, otherwise 4
dujac), and zoning is AR (Agricultural Residential). Upon annexation, the
recommended land use designation and zoning would be Low Density Residential (4.84
dujac) and R-1-AA or PUD zoning.
The property (Palmyra residential development) lying immediately west of Lawrence
Road across from these pockets has expressed a desire to annex into the City;
however, that will not be possible until the pockets are annexed.
3. Enclave 3, located on the west side of Lawrence Road, consists of 126
parcels and totals 78.71 acres. All of the property has MR-5 land use. The western
portion of this enclave contains the Manor Forest subdivision and is zoned RS (Single-
family Residential). The development has a water service agreement, however, the
annexation clause is in dispute. The remaining properties in the enclave are zoned AR
and are not provided water service by the City. Upon annexation, the properties would
most likely be given Low Density Residential and R-1-AA Single Family Residential
or PUD zoning, dependant on which was more compatible with the existing
development on the property.
4. Enclave 4, located on the east side of Lawrence Road, contains the
Whispering Pines Mobile Home Park and is a single property consisting of 45.39 acres.
The town of Lake Clarke Shores provides water service. The land use designation is
MR-5 and the zoning is AR. Upon annexation, the land use designation would be LDR
and the zoning would most likely be PUD, since the property will most likely redevelop
as single family residential.
5. This enclave is a part of the Sunny South Estates mobile home park
containing 38.01 acres. The County study recommends annexation of only the portion
of the property north of the L-21 Canal. Access to the property would be from property
located in the unincorporated area. While annexation of only this portion of the Sunny
South property would keep the City from creating another enclave with the Sand and
Sea mobile home park to the east, a better solution would be to wait and annex both
the Sunny South Estates property and the Sand and Sea property at the same time.
The property has a water service agreement with the City but no annexation clause.
The land use designation is HR-8 (High Density Residential with 8 dujac if zoned PUD).
Current zoning is RS (Single family Residential). The comparable City land use
designation would be Moderate Density Residential (7.26 dujac) and zoning would most
likely be PUD.
2
6. Twelve developed single-family homes on the west side of Lawrence Road
consisting of 5.86 acres make up Enclave 6. There are no water service agreements
with the City. The land use designation of the enclave is LR-5 and the zoning is AR.
Comparable City land use would be LOR and zoning would be R-l-M Single Family
Residential.
7. This vacant enclave is located on Miner Road just west of High Ridge
Road. It consists of a single parcel of 24.87 acres. A portion of the property is covered
with environmentally sensitive land classified as "A" quality, which would require a
minimum 25% set-aside at time of development. There is no water service agreement
with the City. The County land use designation is Industrial and the zoning is RS single
family residential. This is the same situation that exists with adjacent property to the
south that is within the City, which has an Industrial land use designation and R-l-MA
Single Family Residential zoning. With the limited amount of vacant industrially-
designated land in the City, there is a strong case for the land to remain Industrial;
however, the land to the north is designated for residential development and to the
southeast, town homes have been built in Quantum park. The requirement for
preservation of a portion of the site also must be considered in making any decision
concerning the future development of the property.
8. Enclave 8 is on the east side of Knuth Road just south of Old Boynton
Road and is a single parcel of 0.79 acres. There is no water service agreement. The
County designation for the property is CH/8 (Commercial High Intensity with an
underlying residential density of 8 du/ac) and the zoning is AR. The City's future land
use map shows a proposed designation of Office Commercial and a zoning of C-1. The
property lies between lands in the City designated Office Commercial (to the north) and
Local Retail Commercial (to the south and east). An agent for the property owner has
been in contact with the City regarding annexation of the property and an application is
expected in the near future.
9. This enclave, south of Boynton Beach Boulevard and south of the Post
Office, is developed as a self-storage and outdoor vehicle/boat storage facility. It
consists of two parcels containing 2.84 acres. There is no water service agreement.
County land use designation is Industrial and the zoning is IL Low Intensity Industrial.
Upon annexation, the land use designation would be Industrial and the zoning M-l, if
the current uses are to continue.
10. Enclave 10 is located west of the Silver Lake development and north of
the Serrano development. A single parcel of 5.18 acres, the property contains one
single family dwelling. The land use designation is MR-5 and the zoning is AR. Access
to the property is via an access easement through the Serrano development. The most
consistent land use designation would be LOR and the zoning would most likely be PUO.
3
11. Enclave 11, located between 1-95 and Lake Ida, includes two developed
residential properties, the building and parking area that were occupied by BE
Aerospace, and a vacant property belonging to Palm Beach County Parks and
Recreation Department. Originally the enclave totaled 47.59 acres, but with the recent
annexation of Bermuda Bay, it was reduced to 23.35 acres. The owner of Bermuda Bay
has recently contacted staff, expressing a desire to annex the remainder of his property
for residential development. He is also in negotiation for the County-owned parcel,
which would also be annexed. That will leave the two residential properties, which
should be annexed simultaneously.
12. This enclave is a single vacant parcel of 8.56 acres on the north side of
Gulfstream Boulevard, and was owned by the Gulfstream Club. The County's land use
designation for the property is MR-5 and the zoning is RS Single Family. The City's
Comprehensive Plan recommends that upon annexation, the eastern portion of the
property fronting on the FEC right-Of-way be given a land use designation of Medium
Density Residential (9.58 du/ac) to a depth of 175 feet. The remainder of the property
would be designated Low Density Residential (4.84 du/ac) to be consistent with the
abutting single family neighborhood. If this recommendation is followed, the property
would most probably be developed with PUD zoning. It is staff's understanding that the
property was recently sold. There have been several recent inquiries about possible
annexation of the property.
13 &. 14. Recent annexations in the area between Old Dixie Highway and Federal
Highway have left these two small enclaves. The southern-most, Enclave 13, consists
of three properties totaling 3.19 acres containing the Candlelight Motel and Service
Electric business. The County's land use designation is CHIS (Commercial High
Intensity with an underlying residential density of 5 du/ac); zoning is CG (General
Commercial). Continuing with the trend of recent annexations and development
approvals in the vicinity, they will most likely be the subject of requests for Special High
Density Residential (SHDR) land use and Infill Planned Unit Development (IPUD)
zoning.
The northern of the two, Enclave 14, is 0.69 acres made up of three properties,with
only one fronting on Old Dixie Highway. The land use designation is CHIS and the
zoning is RM. The properties are developed with what appear to be single family
dwellings now containing commercial uses. Adjacent property to the east is
incorporated, is classified SHDR and zoned IPUD, and is currently under development
by Southern Homes. Since Enclave 14 contains less than one acre of land, it could only
develop in a similar manner if it is combined with adjacent property.
15. Enclave 15 is made up of 51 properties totaling 11.66 acres along the
eastern side of Old Dixie Highway. Three private streets: Wall Street, Gibbs Road, and
Miller Road provide access to the properties that do not front on Old Dixie. None of
these meet minimum right-Of-way requirements by City standards. Many of the lots in
4
the area have only 50 feet of frontage and are developed with modest homes, although
several of them are in unique architectural styles. The County land use designation for
the area is MR-5 and the zoning is RM. Well and septic systems currently proide basic
utilities to this neighborhood.
16. The largest enclave in the coastal area contains Tradewinds Estates and
the residential development south of Chukker Road. The enclave, located east of
Federal Highway at the southern edge of the City, is 30.75 acres in size and contains
117 properties. Most of the properties in this enclave have water service agreements
with annexation clauses. Properties fronting on Federal Highway are designated CHIS
and zoned CG. The remaining properties are designated MR-5 and zoned RS. Inquiries
regarding annexation of several of the properties fronting on Federal highway have
been made in recent months. Most of the questions center around the utilization of the
Special High Density Residential land use and IPUD zoning.
17. This enclave is located just south of the Dakota Lofts site on the east side
of Federal Highway. It is 5.48 acres in size and contains 17 properties. As with enclave
16, the land use along Federal Highway is CHIS and zoning is CG. The commercial
development includes a lawn mower shop and a molded concrete sales lot. There have
been inquiries regarding annexation of these properties for redevelopment under the
City's commercial development standards. The remaining properties are developed
with single family homes, under the MR-5 land use designation and RS zoning. Bamboo
Lane and Palmer Road provide access to these properties. Neither of these have rights-
of-way that meet the minimum City requirements. Fewer than 5 of the properties have
water service agreements with annexation clauses.
18 &. 19. Both of these enclaves are on AlA; located north and south of the St.
Andrews Club. The southern enclave is 14.81 acres in size and contains 19 properties,
many of them developed as condominiums. The County's land use designation for the
enclave is HR-12 and the zoning is RH. The City does not have a comparable land use
designation or zoning district. Only the Sea Ridge Condominium Association has a
water service agreement with an annexation clause.
The northern enclave includes Gulfstream Park, a County recreation facility and two
residentially developed areas. The area along Bel-Air Drive is designated HR 8 and
zoned RH. The area north of the park is designated HR-6 and zoned RH. There is a
small commercial pocket in the northwest corner of the enclave, immediately across
AlA from the bank building that is in the City of Boynton Beach. It appears that only 3
properties in the enclave have water service agreements with annexation clauses.
Mechanisms for Annexing Envclaves
As an alternative to using the annexation clause within modern water service
agreements, state law allows for the annexation of enclaves through an interlocal
5
agreement. Section 171.046, Florida Statutes, in recognition of the problems that
enclaves can cause in the areas of planning, growth management and service delivery,
facilitates the annexation of enclaves of 10 acres or less through an interlocal
agreement with the corresponding county. In addition to the 10-acre limit, in general,
the enclaves must be contiguous to the annexing municipality, and be developed and/or
improved. The city has previously used this mechanism for the annexation of enclaves.
6
Cf(
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
~ April 5, 2005 March ]4,2005 (Noon.) 0 June 7, 2005
0 Apri] ] 9, 2005 April 4, 2005 (Noon) 0 June 2], 2005
0 May 3, 2005 Apri] ]8,2005 (Noon) 0 Ju]y 5, 2005
0 May ]7,2005 May 2, 2005 (Noon) 0 July] 9,2005
Date Final Form Must be Turned
in to City Clerk's Office
May ]6, 2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
Ju]y 5, 2005 (Noon)
C)
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0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda ~ New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Proposed Resolution supporting the goals and objectives of the Utel Project for workforce
development.
EXPLANATION: Commissioner Ferguson is requesting that the City Commission approve a resolution in support of the
Utel Project for workforce development. The attached resolution outlines the goals of the project.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not approve the resolution.
Department Head's Signature
~
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. 05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, SUPPORTING THE GOALS
5 AND OBJECTIVES OF THE UTEL PROJECT
6 FOR WORKFORCE DEVELOPMENT; AND
7 PROVIDING AN EFFECTIVE DATE.
8
9
10 WHEREAS, the Education Division of Utel, Inc. has implemented the Utel
11 Project, which has the basic objective to empower our community, by opening multiple
12 locations with the most up to date computer technology and highly skilled and motivated
13 instructors; and
14 WHEREAS, the Utel Project's goal is to offer poverty stricken families with the
15 opportunity to obtain better job skills and place them in better paying jobs in an
16 expeditious manner; and
17 WHEREAS, once the students pass the Utel' s Direct Approach Course, the Ufel
18 Project will then help them find prospective employers locally; and
19 WHEREAS, through the program, students not only learn skills that are now
20 mandatory for the workforce, they also are given instruction on dressing for an interview
21 and the interview process; and
22 WHEREAS, the City Commission of the City of Boynton Beach encourages
23 Palm Beach county to support the Utel Project for purposes of workforce development;
24 and
25 WHEREAS, at its meeting of March I, 2005, the Commission heard a
26 presentation by Utel officers describing the Utel Project and the potential benefits of the
27 Proj ect; and
28 WHEREAS, the City Commission has determined that it is in the best interests of
S:\CA\RESO\Supporting UTEL Project.doc
11
12
13
14
15
16
17
18
19
20
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22
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the public health, safety, and welfare to support the goals and objectives of the Utel
2 Project for workforce development.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
4 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
5
Section 1.
Each Whereas clause set forth above is hereby ratified as being true
6 and correct and incorporated herein by this reference.
7
Section 2.
The City Commission of the City of Boynton Beach acknowledges
8 and supports the important goals and objectives of the Utel Project.
9
Section 3.
This Resolution shall take effect immediately upon passage.
10
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
:\CA\RESO\Supporting UTEL Project.doc
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.!
MEMO
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!,.:.i i.i.! FE8 I 7 2005. ...'.//)'
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I__~___~--------------------
February 17,2005
TO: Acting City Mgr and Commission
FROM: M. C. Ferguson
RE: Item for Inclusion for March 1 Agenda
Please add an item, "The Utel Project---Workforce Development'~ for discussion under
new business for our meeting on March 1.
Background for this is as follows: the Utel Project is produced by a local company
located at 407 South Federal. Its President is Quetel OstervaI and the Vice President is
Julie Feliciano. Their program puts computers and instructors into churches in south
Florida and results, because student graduates are computer trained , show a significant
improvement in wage levels and area companies like Office Depot. Target and Wal-Mart
are asking for Ute} graduates.
I believe County Commissioner Addie Greene is veI:l:. interested in this program (she has
seen the presentation along with Vice-Mayor McCra~and wants to fund a large scale
pilot program with as many as 400 families. She needs a local conduit to contribute her
discretionaty ftmds and support from the Commission. I have seen the presentation
several times and heartily endorse it.
I believe Commissioner Greene will attend the March I meeting so I suggest we move
this subject u in. the meeting order.
~L
The UTEL Project
Goals and Objectives
The basic objective of the UTEL Project is to empower our communities, by opening
multiple locations with the most up to date computer technology, and highly skilled and
motivated instructors. The technology workforce is leading our economy. With these
tools The UTEL Project's goal is to train poverty stricken families to have better job
skills and place them in better paying jobs. Studies have shown that at risk families want
to make a change, however they need a quicker resolution than a six month to a year
course. With this "hands-on" training The UTEL Project is able to put them in the
workforce right away. Once the students pass the Direct Approach Course, The UTEL
Project will then help them find perspective employers locally. Through the program,
students not only learn skills that are now mandatory for the workforce, they are also
given instruction about how to dress for an interview and the interview process.
c;o t <2- 3
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