Agenda 02-28-06
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
February 28, 2006
Jerry Taylor
Mayor - At Large
Bob Ensler
Commissioner - District I
DISTRI T I
Mack McCray
Commissioner - District II
Mike Ferguson
Commissioner - District III
Carl McKoy
Vice Mayor - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. "
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
February 28, 2006
7:00 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Dr. Marshall Cook - Boynton Beach Congregational Church
C. Pledge of Allegiance to the Flag led by Vice Mayor McKoy
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:
None
B. Community and Special Events:
C. Presentations:
1. Proclamations:
a. Red Cross Month - March 2006
2. Presentation by Leon (Rocky) Joyner, The Segal Company, the City's
Pension Consultant of their review of the City's three defined benefit
retirement plans.
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, FL
February 28, 2006
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
I Ensler Adv. Bd. On Children & Youth Reg 1 yr term to 4/06 Tabled (2)
II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/07 Tabled (2)
Ensler Cemetery Board Alt 1 yr term to 4/06
II McCray Code Compliance Board Alt 1 yr term to 4/06
I Ensler Code Compliance Board Alt 1 yr term to 4/06 Tabled (2)
III Ferguson Education Advisory Board Alt 1 yr term to 4/06
I Ensler Education Advisory Board Reg 2 yr term to 4/07 Tabled (2)
II McCray Education Advisory Board Reg 2 yr term to 4/06 Tabled (2)
IV McKoy Library Board Alt 1 yr term to 4/06
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 Tabled (2)
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 - February 17, 2006
2. Regular Commission Meeting - February 21, 2006
3. Commission Workshop - February 22, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve a piggyback of Palm Beach County Bid #06-034B to contract
with Tanner Industries of Southampton, PA with an estimated
expenditure of $22,800.00.
2. Approve a piggyback with Broward County on Bid # H5 04 098B; Asphalt
Restoration to Colonna Asphalt Restoration, Inc. of Pompano Beach, FL.
in the amount of $84,122.00.
2
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 28, 2006
C. Resolutions:
1. Proposed Resolution No. R06-054 RE: Approving
Task Order No. U04-14-02 for Mathews Consulting, Inc., for the purposes
of developing the supplemental Phase 1 Reclaimed Water System Plan in
the amount of $42,490.00.
2. Proposed Resolution No. R06-055 RE: Approving and
authorizing the purchase of property owned by Mary Reed, located at
147 NW 10th Avenue for the price of $200,000.00.
3. Proposed Resolution No. R06-056 RE: Approving and
authorizing execution of an Interlocal agreement between the City and
the Community Redevelopment Agency (CRA) for land acquisition in the
Ocean One Project. Costs to be paid by the CRA.
4. Proposed Resolution No. R06-057 RE: Approving and
authorizing acquisition of Commercial Condominium Units designated as
Parcels 101, 102, 104 and 209 within First Financial Plaza in the Ocean
One Project with possible eminent domain for public parking, as needed
and confirmed by the City Commission.
5. Proposed Resolution No. R06-058 RE: Approving the
Traffic Enforcement Agreement between the City of Boynton Beach and
The 300 Property Owners Association (The Meadows).
6. Proposed Resolution No. R06-059 RE: Approving and
authorizing execution of an agreement between the City of Boynton
Beach and the Community Redevelopment Agency to utilize the City's
health benefit plans.
7. Proposed Resolution No. R06-060 RE: Approving and
authorizing extending "Lake Diving Contract/Nine Lakes at The Links at
Boynton Beach Golf Course" with Birdie Golf Ball Company for an
additional year at the same terms and conditions as the original contract
generating $3,000 in annual revenue.
8. Proposed Resolution No. R06-061 RE: Approving the
City of Boynton Beach designating the Boynton Symphonic Orchestra as a
City Activity with no liability.
D. Approve establishing an Audit Committee comprised of Bill Mummert, Director of
Financial Services, Bobby Jenkins, Assistant Director of Financial Services and
Mary Munro, Assistant to the Director of Financial Services for the purpose of
recommending a CPA Firm to conduct the annual audit of the City's financial
statements.
3
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 28, 2006
E. Approve payment in the amount of $118,250.00 for annual software technical
support and maintenance from Sungard, H.T.E. Inc. for the period of January 1,
2006 through December 31, 2006, from LT.S. Account #001-1510-513-46-91
(Software Maintenance)
F. Authorizing Commissioner Ensler to contact the School District on behalf of
South Tech regarding the school's FCAT rating.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None.
IX. CITY MANAGER'S REPORT: (Moved at request of City Commission)
A. 2005 Hurricane After-action Report and Recommendations
B. Capital Improvement Budget Review
C. Report and Recommendation - Nautica Park Agreement with D.R. Horton to pay
for construction of Nautica Park (Proposed Resolution No. R06-062)
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN rrs DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Owner:
Location:
Descri ption:
Yachtsman's Cove (LUAR 06-003)
Atlantis Environmental Engineering Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the
Boynton (C-16) Canal
Request to amend the Comprehensive Plan Future Land use Map
from Local Retail Commercial (LRC) to Special High Density
Residential (SHDR) (1st Reading of Proposed Ordinance No.
06-019)
Request to rezone from Community Commercial (C-3) to IPUD
Infill Planned Unit Development (1st Reading of Proposed
Ordinance No. 06-020)
Proposed Use: 61 townhouse units
B.
Project:
Agent:
Owner:
Location:
Yachtsman's Cove (ABAN 06-001)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the
Boynton (C-16) Canal
4
Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 28, 2006
Description: Request to abandon a portion of the Northeast 15th Place right-of-
way. (1st Reading of Proposed Ordinance No. 06-021)
1. Yachtsman's Cove (NWSP 06-003) Request new site plan approval
to construct 61 fee simple townhouse units and related site
improvements on a 3.35 acre parcel in the Infill Planned Unit
Development (IUPD) zoning district. (Table to March 21, 2006 for
final approval)
c.
Project:
Agent:
Owner:
Location:
Descri ption:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
211 NW 13th Avenue
Request to amend the Comprehensive Plan Future Land Use Map
from Medium Density Residential (MeDR) to Recreational (R); (1st
Reading Proposed Ordinance No. 06-022 )
Request to rezone from Single and Two Family Dwelling district
(R-2) to Recreation (REC) district; (1st Reading Proposed
Ordinance No. 06-023)
Proposed Use: Recreation (expansion of the Wilson Center Park Complex)
1. Wilson Center Complex (MSPM 05-011) Request major site plan
modification approval for park expansion and improvements to include a
13,816 square foot recreation community center, a lighted multi-purpose
athletic field, playground, picnic area, basketball courts, new swimming
pool and a refurbished pool building and additional parking on 5.27 acres
zoned REC. (Table to March 21, 2006 for final approval)
2. Wilson Center Complex (HTEX 06-002) Request for height exception
approval to allow a decorative cupola on the roof of the proposed two (2)
story Wilson Park community center building at a height of 52 feet, seven
feet above the maximum building height limit of 45 feet in the REC
zoning district. (Table to March 21, 2006 for final approval)
D. Intracoastal Pavilion (MSPM 05-013) Request for major site plan
modification to construct a 12,800 square foot two-story community center on
the 8.88 acre Intracoastal Park zoned REC.
X. FUTURE AGENDA ITEMS:
A. Amend the Parks Dedication Code ordinance to modify the review time line _
March 2006
B. Regulations on Improper Weapons Use - March 2006
C. Update on City's position on minority contracts - 3/21/06
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Agenda
Regular City Commission Meeting
Boynton Beach, FL
February 28, 2006
D. Ordinance on Adult Entertainment - 3/21/06
E. Donation of $1,000 of Community Invest Funds by Vice Mayor McKoy to
Boynton Symphonic Orchestra - 3/21/06
F. Requirement for underground utility lines for all new development - April 2006
G. Future location options for City Hall - April 2006
H. Cellular 911 Dispatch - May 2006
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
None
B. Ordinance - 1st Reading
None
C. Resolutions:
None
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 MATIER 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 AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST 1WENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA 2/24/20063:48 PM S:\CC\WP\CCAGENDA\AGENDAS\Year 2006\022806.doc
6
III.-ANNOUNCEMENTS & PRESENTATIOr
Item C.I.a
PROCLAMA TION
WHEREAS, since 1881 the mission of the American Red Cross has been to
help people prepare for emergencies, provide relief to victims of disaster and help
people prevent, prepare for, and respond to emergencies worldwide; and
WHEREAS, last year, more than 3000 silent heroes helped their neighbors by
volunteering for their local Red Cross chapter, and more than 130,000 took time to
learn life saving skills such as first aid and CPR and the local chapter sheltered
thousands individuals in the aftermaths of hurricanes Katrina and Wilma; and
WHEREAS, the American Red Cross Greater Palm Beach Area Chapter, a
humanitarian organization, works to make a positive difference in communities by
providing lifesaving services and programs to our community for more than eighty
years, and building on this tradition, the organization is focusing on building
partnerships, increasing safety and disaster preparedness education and enhancing its
response capabilities; and
WHEREAS, The American Red Cross continues to respond to a changing
America full of unique challenges and vital work.
NOW THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach,
do hereby proclaim month of March 2006 as:
AMERICAN RED CROSS MONTH
In the City of Boynton Beach and I urge the people of the Greater Palm Beach Area
to show support for our local Red Cross Chapter and to become active participants in
advancing the noble mission of the Red Cross.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
official seal of the City of Boynton Beach, Florida to be affixed to this proclamation
on the 28th day of February, Two Thousand Six.
ATTEST:
Jerry Taylor, Mayor
City of Boynton Beach
City Clerk
(Corporate Seal)
lII.-ANNOUNCEMENTS 8r. PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o December 6, 2005
o December 20,2005
o January 3, 2006
o January 17, 2006
November 14, 2005 (Noon.)
December 5, 2005 (Noon)
December 19, 2005 (Noon)
January 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
[gJ City Manager's Report
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o February 7, 2006
o
[gJ
o
January 17, 2006 (Noon)
February 21 , 2006
February 6, 2006 (Noon)
F...b- l..lI;:
~,2006
February 21, 2006 (Noon)
March 21, 2006 March 6, 2006 (Noon)
0 Development Plans -,
0 New Business -,
i
0 Legal l, '1
0 UnfInished Business ""'-i
0 Presentation
.,
J _)
RECOMMENDATION: Presentation by Leon (Rocky) Joyner, The Segal Company, the City's Pension Consultant,=ef
their review of the City's three defmed benefIt retirement plans.
EXPLANATION: On July 19, 2005 the City Commission approved a contract for "PENSION CONSULTING SERVICES"
to The Segal Company, of Atlanta, Georgia with the primary purpose of conducting a review of the operations, benefIt
structure and actuarial assumptions of the City's three defIned benefIt pension funds. The results of Segal's review are
contained in their report and will be discussed by Mr. Joyner.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
Financial Services
Department Name
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
~'Si_m'
City Attorney / Finance / Human Resources
cmaF
BOYNI0NBEACH
CITY OF BOYNTON BEACH,
FLORIDA
REVIEW OF THE CITY'S DEFINED
BENEFIT RETIREMENT PLANS
Municipal Firefighters' Retirement Plan
Municipal Police Officers' Retirement Plan
General Employees Retirement Plan
* SEGAL
January 25, 2006
Mr. Bill Mummert
Director of Financial Services
City of Boynton
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Bill:
We are pleased to present this review of the City's three defined benefit retirement plans.
This report will provide you with a framework for understanding the retirement benefits
you currently offer, as well as the methodologies and assumptions used to develop
required plan contributions to fund those benefits.
We look forward to discussing this with you in detail.
Sincerely,
THE SEGAL CaMP ANY
Leon F. Joyner, Jr., FCA, ASA, MAAA, EA
Vice President
Table of Contents
Pa2e
I. Executive Summary.............................................................................................................. 1
II. Review General Management of the Plans
Regarding their Long-Term Stability..................... ..............................................................2
III. Review of the Current B~nefit Structure in the Various Plans ............................................. 6
IV. Review of Actuarial Assumptions and Funding Methods ..................................................12
V. Review of Current DROP Provisions.. ........... .................................................................... 15
VI. Current Trends in Governmental Retirement Benefits ....................................................... 16
City of Boynton Beach
Section I: Executive Summary
The City of Boynton Beach provides various retirement benefits to the City's employees.
These include both defined benefit (DB) and defined contribution (DC) plans. This report
summarizes our review and analysis of the following three plans:
. The Municipal Firefighters' Retirement Plan
. The Municipal Police Officers' Retirement Plan
. The General Employees Retirement Plan
Our review focuses on the October 1, 2004 actuarial valuation for each plan and the
October 17, 2003 impact statement for each plan regarding the Early Retirement
Incentive Program (ERIP). This report addresses four specific areas of review as
requested by the City. These are:
. The general management of the Plans to ensure the long-term stability of plan
assets;
. The Plans' current benefit structure;
. The current actuarial assumptions and methods used to value the Plans;
. The current DROP provisions of each Plan.
The sections of this report take each of the above items in turn and provide the results of
our reVIew.
Plan funding ratios have decreased and required contribution rates have increased
dramatically since October 1, 2001. Three major factors contributed to these changes.
They are: investment return less than assumed, salary increases greater than assumed and
the adoption of an ERIP. Each of these items is fully recognized in the October 1, 2004
actuarial valuation except for a small remaining investment loss in the Police plan.
Therefore, absent additional negative experience or changes in plan and/or assumptions,
contribution rates should stabilize and the funding percentage begin to improve.
We suggest that the following items be considered by the City and its Pension Boards to
assure that the Pension Plans are meeting the needs of the City, its employees and
taxpayers.
. For each plan, total benefit payments are getting closer to total contribution income
each year. This is not unusual or unexpected. However, the City and Pension Boards
may wish to perform a cash-flow study to see if the current asset allocation for each
plan is producing adequate cash to pay benefits without having to liquidate holdings.
. The current plans of benefits provide reasonable income streams after retirement for
City employees. We suggest that periodically the City and its Pension Boards review
Page 1
The Segal Company
City of Boynton Beach
Section I: Executive Summary
together the design of plan benefits to assure that individual and civic needs are best
being addressed.
. We suggest that consideration be given to changing the funding method for the Police
plan to the Entry Age Normal method which is the same for the other two plans.
. The 8.5% investment return assumption for Police and Fire should be reviewed.
While 8.5% is not out of the "reasonableness range", it is at the higher end. The 8%
used in the General valuation is in the center of this range.
. The salary scale for Fire is a flat 6.5% per year. We believe this should be compared
to the actual salary patterns and most likely changed to a service based salary scale
table. Police and General salary scales should also be compared to actual patterns.
. We recommend the demographic assumptions be studied as part of a 5-year
experience review if this has not been performed within the last five years.
. We recommend that when future wage and salary increases are considered that this
information be provided to the Pension Boards so that any impact on required pension
contributions can be discovered.
Page 2
The Segal Company
City of Boynton Beach
Section II: Review General Management of the Plans
Regarding Their Long- Term Stability
The annual actuarial valuation provides required contribution rates based upon methods
and assumptions adopted by the Boards. The methods and assumptions are tools that
develop a budget pattern to assure necessary contributions are systematically deposited in
the Plans so funds are available to pay promised benefits as they come due. The methods
and assumptions must comply with generally accepted actuarial principles and practices,
GASB accounting standards and Florida law.
FUNDING RATIO
One measure of a plan's long-term ability to meet its benefit obligations is its "Funding
Ratio" as shown in the "Schedule of Funding Progress". That is the ratio, as of the current
valuation date, of the actuarial value of plan assets to the total actuarial accrued liability
(AAL). This ratio as of anyone particular date is of limited value. However, the pattern
of this ratio over a number of years can provide useful information.
For each of the three plans, this ratio has steadily declined in recent years. The following
table shows this history.
Funding Ratio
Valuation Date Firefighters Police Officers General Employees
10-1-2001 95.6% 91. 0% 95.4%
10-1-2002 85.9 79.1 89.4
10-1-2003 81.8 75.4 82.4
10-1-2004 74.3 71.6 75.5
Much of the decline in Funding Ratio shown above is attributable to three major factors.
These are:
. Investment returns on an actuarial basis that were less than assumed;
. Salary increases in the period that were greater than assumed;
. The impact of the ERIP.
Let's consider each factor. For ease of discussion, we will refer to each of the Plans as
"Fire", "Police" and "General". In addition, we will make use of typical acronyms for
various items. The first time an element of the valuation is used, e.g. actuarial accrued
liability, we will present the whole name with its usual acronym. Thereafter, we will use
the acronym. So actuarial accrued liability will be referred to as AAL.
Page 3
The Segal Company
City of Boynton Beach
Section II: Review General Management of the Plans
Regarding Their Long- Term Stability
INVESTMENT RETURN
Each Plan has an assumption regarding annual investment return. For Fire and Police this
is 8.5% and for General this is 8.0%. In each of the last four years, actual return as
measured on an actuarial basis has been significantly below expected. This leads directly
to assets being less than expected and the Funding Ratio declining. Each plan applies a
smoothing method to its valuation of assets. This is done so that the sometimes volatile
nature of the investment markets can be recognized over a period of time rather than all at
once. Each Plan has about 60% in equities so the smoothing methods are needed in the
city plans to mitigate investment volatility. This has the effect of mitigating changes in
the City's contrib\ltion rates from year to year. The last four years have been particularly
difficult on Plan returns.
The following illustrates this for each Plan.
FIRE
Estimated
Year Ended Expected Market Actuarial Investment
September 30 Return Return Return loss in $'s
2001 8.5% (7.7)% 8.0% $(200,000)
2002 8.5 (5.6) 2.3 (2,100,000)
2003 8.5 15.3 3.5 (1,700,000)
2004 8.5 6.4 2.2 (2,200,000)
The total four year investment loss with interest to 9-30-2004 was about $6,800,000. This
equates to a decline in the Funding Ratio of 14%. As of 9-30-2004, the market value was
$1,100,000 greater than actuarial value.
POLICE
Estimated
Year Ended Expected Market Actuarial Investment
September 30 Return Return Return loss in $'s
2001 8.5% (9.1)% 7.5% $(300,000)
2002 8.5 (9.2) (4.7) (4,400,000)
2003 8.5 16.1 2.8 (1,900,000)
2004 8.5 8.3 2.6 (2,000,000)
The total four year investment loss with interest to 9-30-2004 was about $9,600,000. This
equates to a decline in the Funding Ratio of 20%. As of 9-30-2004, the market value was
$500,000 less than actuarial value.
Page 4
The Segal Company
City of Boynton Beach
Section II: Review General Management of the Plans
Regarding Their Long- Term Stability
GENERAL
Estimated
Year Ended Expected Market Actuarial Investment
September 30 Return Return Return loss in $'s
2001 8.0% (9.4)% 3.9% $(2,800,000)
2002 8.0 (6.4) 0.2 (5,200,000)
2003 8.0 14.8 0.8 (4,800,000)
2004 8.0 6.9 0.5 (5,000,000)
The total four year investment loss with interest to 9-30-2004 was about $19,800,000.
This equates to a decline in the Funding Ratio of 24%. As of 9-30-2004, the market value
was $3,800,000 greater than the actuarial value.
Thus a large portion of the Funding ratio decline and subsequently the increase in City
contribution rates are due to the investments of the Plan's performing less than expected.
We do note that in recent years this has improved. For Fire and General, market assets
now exceed actuarial assets. This represents investment gains that have yet to be
recognized for valuation purposes. The Police Plan still has a small investment loss yet to
be recognized.
SALARY EXPERIENCE
Each Plan has an assumption for the expected increase in pay salary for each active
employee from one valuation to the next. For the Fire Plan this is 6.5% per year. For the
Police and General Plans this varies by age with Police averaging about 6.0% and
General about 5.6%.
Over the last 3 valuation periods, salary increases have been significantly greater than
assumed. While this does result in additional contributions being paid into the Plans, it
has a much greater impact on the AAL for the Plans. For the last three valuations, the
following table presents the average salary increase and compares that with the expected
increase for each Plan.
Salary Increases
Fire Police General
Valuation
Date Actual Expected Actual Expected Actual Expected
10-1-2002 12.0% 6.5% 17.2% 5.9% 4.4% 5.6%
10-1-2003 10.0 6.5 9.5 5.9 7.1 5.6
10-1-2004 11.0 6.5 11.5 6.0 8.1 5.6
Page 5
The Segal Company
City of Boynton Beach
Section II: Review General Management of the Plans
Regarding Their Long- Term Stability
We estimated the impact on AAL for active employees of the additional salaries over the
expected by assuming the extra amounts were uniform over the entire group. The
estimated annual impact on AAL is shown below.
Impact on AAL
Valuation
Date
10-1-2002
10-1-2003
10-1-2004
Total with interest
Fire
$1,200,000
900,000
1.000.000
$3,400,000
Police
$1,700,000
600,000
800.000
$3,500,000
General
$(400,000)
700,000
1.000.000
$1,300,000
The estimated decrease in Funding Ratio for Fire, Police and General was 5.8%, 5.7%
and 1.2% respectively.
ERIP
An Early Retirement Incentive Program was effective in the year ended 9-30-2004. The
impact study for this plan change was performed on October 17, 2003. The impact
statements included the expected number of participants to opt for the ERIP and the
impact on AAL. In actuality, about 60% of those expected actually took the ERIP. The
result was significantly less of an increase in AAL than initially expected. The results are
shown below.
Fire Police General
Number Expected to take ERIP 19 21 23
Expected Increase in AAL $2,900,000 $2,700,000 $2,900,000
Actual Number Who Took ERIP 11 12 31
Recorded Increase in AAL $1,100,000 $1,200,000 $1,600,000
Decrease in Funding Ratio Due to ERIP 1.8% 1.9% 1.5%
As an offset to the above liability increases to the pension plans payroll outlays are
expected to be lower than without the ERIP. Care must be taken when measuring the long
term effects of an ERIP as the "savings" can be illusory. The most successful ERIPs are
those that have particular personnel goals in mind. Two of these are:
· When downsizing is planned and the ERIP provides a less painful method to
accomplish the personnel goals and,
· When due to promotions or particularly long service the balance between
management employees and non-management employees becomes out of
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The Segal Company
City of Boynton Beach
Section II: Review General Management of the Plans
Regarding Their Long- Term Stability
balance. An ERIP can provide a methodology for redistributing job
classifications.
Each of the above could generate long-term salary reductions. However if an ERIP is
implemented and all positions are to be refilled at essentially the same level then the short
term salary savings may disappear in only a few years.
REQUIRED CONTRIBUTIONS
The table below presents recent increases in required employer contributions. For the Fire
and Police Plans this includes both City and State contributions. The average rate for all
plans in Florida as shown in the Division of Retirement's 2004 Annual Report was
20.48%. This includes all types of plans, Fire, Police and General. The causes noted
above for the decrease in the various plans funding ratios have a direct effect on the
required contribution rates.
Required Contribution Rate
Valuation Date
Firefighters
Police Officers
General Employees
10-1-2001
10-1-2002
10-1-2003
10-1-2004
15.86%
26.44
27.23
32.41
16.08%
26.14
29.60
35.67
4.88%
7.37
10.20
13 .44
For the Fire and General Plans the asset losses of 2001 and 2002 have been fully
recognized. In fact these two plans have a surplus of market value over actuarial value.
The Police Plan has a small investment loss yet to be recognized. Therefore, if salary
increases are close to the assumed amount of increase and no additional benefit changes
are adopted, the required contributions for the plans should level off.
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The Segal Company
City of Boynton Beach
Section III: Review of the Current Benefit Structure in the
Various Plans
In this section we will review the benefits offered under each of the three plans. We will
examine the benefits of each plan with particular interest in any goals or objectives that
may be resident in the plan design. We will compare the plan designs to information
obtained regarding other Florida plans. We will then consider how well the benefit
structure performs in replacing employees income upon retirement. For this purpose we
will use the 2004 edition of the Georgia State University study on income replacement.
Current Boynton Beach Plan Design
Appendix One provides a detailed comparison of the features of each plan. Key plan
features are as follows. (DROP plan features will be considered in Section V except as
they affect retirement behavior.)
Retirement Age
Each plan offers service based retirement eligibility with an
upper age. For Fire and Police, this is 20 years of service or
age 55. For General, it is 30 years or age 62.
Benefit Formula
Each plan uses a 3% benefit multiplier. For the General
Plan, this is capped at 75%. Police and General use a 5 year
salary average, while Fire uses 3 years.
Normal Form of Benefit
For Fire and Police, this is ten-year certain and life. For
General, this is life only.
Vesting
Vesting occurs at 5 years for Police and General, 10 years
for Fire.
Employee Contributions
Each plan requires 7% employee contributions.
COLA
COLAs are only generated when certain experience limits
under the plans are reached. For purposes of this report
these will be considered ad hoc increases and not a part of
the basic benefit.
DROP
Each plan has a DROP option. For Police and Fire regular
service plus DROP service may not exceed 25 years. For
General this limit is 35 years. DROP service may not
exceed five years.
The plans also offer early retirement, death and disability benefits. These vary by plan but
are typical in design.
None of the above benefits strike us as unusual. Public Safety benefits of plans
nationwide are typically better than the benefits offered to General employees. This is
particularly true regarding the eligibility rules. The Boynton Beach Plans have two
particular features which serve to encourage retirement after a particular period of time.
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The Segal Company
City of Boynton Beach
Section III: Review of the Current Benefit Structure in the
Various Plans
For Fire and Police even though the benefit formula is not capped, DROP service is
limited to 5 years or the difference between 25 years and the service when the DROP is
elected. This is a strong motivator for Fire and Police employees to leave employment no
later than the attainment of 25 years of service. This presents itself in the plan data. As of
October 1, 2004 Fire had one employee with more than 25 years while Police had no one
with over 20 years of service. Both of these plans were impacted by the ERIP, but even
without ERIP, there is strong incentive to be retired before 25 years.
For General employees there are two factors encouraging them to retire after a particular
period of time. First, the benefit formula is capped at 25 years of service. So employees
working beyond 25 years do not receive additional service accruals but their benefit will
increase as their salary increases. Second, the DROP option allows up to five years.
Therefore, the Plan encourages a General employee to work a 30 year career or certainly
no more than 35 years. That would be 25 years to maximize the formula at 75% then an
additional 5 years of DROP participation. This is borne out by the data in that only one
General employee has over 30 years of service and only one other has between 25 and 30
years. Again the ERIP has an effect but the plan design is clearly encouraging a particular
behavior.
The City, the Pension Boards and employee groups may wish to review the points made
above to ascertain if the targeted retirement behavior noted is intended or a result of other
factors.
Comparison to other Florida Plans
Each year the Local Retirement Section of the Florida Division of Retirement prepares an
Annual Report summarizing all the retirement plans in the state. This report is full of
useful information regarding these plans. According to the report there were 406
incorporated cities in Florida with 319 providing some form of retirement benefits. These
319 cities administer 520 different defined benefit pension plans. DROP options are
found in 206 plans which is an increase of 26% from the prior year.
The following shows a breakdown of the multipliers used in the above-mentioned plan
formulas to compute employee benefits.
Multiplier
% of Plans
Variable
Less than 2%
2% but less than 2.5%
2.5% but less than 3%
3%
3.25%
3.50%
34%
3
13
12
32
3
3
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The Segal Company
City of Boynton Beach
Section III: Review of the Current Benefit Structure in the
Various Plans
The 3% multiplier used in the Boynton Beach plans is currently the most often used
multiplier in the state except for the variable rate combinations. When computing an
average final compensation, about 25% of the Florida plans use a 3-year salary average
while close to 63% use 5 years.
In Florida, since 175/185 contributions must be used to provide additional Fire and Police
benefits, we see public safety plans offering greater benefits. This is manifested in
different forms; however, most often it is at an earlier retirement age as is the case in the
Boynton Beach plans.
Appendix Two provides a comparison with two local area plans, Boca Raton and Delray
Beach, and the Florida Retirement System.
Income Replacement
Since 1980, with the publishing of the "Interim Report of the President's Commission on
Pension Policy", a number of studies have used the income replacement technique to
gauge benefit adequacy. That is, if a retired employee has post-retirement income at least
equal to a set standard, the employee could be expected to initially preserve his or her
standard of living upon retirement.
Typically this benefit would be expected to be paid as a joint and survivor annuity. Post-
retirement inflation would be expected to erode the retiree's purchasing power unless
cost-of-living adjustments (COLAs) are part of the benefit package.
Because the income needs after retirement are generally lower than those needed prior to
retirement (work-related expenses are eliminated, income taxes are reduced, no more
payroll deductions, e.g., for Social Security and pensions, children are no longer
dependents, etc.), less than 100% of the final participant income is generally needed to
maintain the pre-retirement standard of living. Also, since most post-retirement costs are
not related to salary, the replacement income need tends to decrease with increases in
salary level.
Georgia State University has periodically studied the income replacement needs for a
range of income levels. The 2004 edition of this study indicated that for salaries from
$20,000 to $90,000 replacement ratio targets would range from 89% to 75% of final pay.
The replacement income targets represent the annual income as a percentage of final
gross compensation that is needed to preserve the pre-retirement standard of living for
employees. The sources of income generally considered in retirement income studies
include: (a) Social Security benefits, (b) employer-provided benefits, and (c) personal
savings, including home equity. This is the basis for the "three-legged stool" concept
underlying most retirement income strategies.
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The Segal Company
City of Boynton Beach
Section III: Review of the Current Benefit Structure in the
Various Plans
The current Social Security rules are designed to provide full benefits at age 65,
graduating to later ages and reaching age 67 for those born after 1959. For average
income levels, Social Security is expected to replace only 20% to 30% of final income.
Employer-provided benefits include primarily defined benefit and defined contribution
retirement plans. Retiree health cost subsidies from the employer are sometimes also
considered as part of employer-provided benefits, but have not been included in this
review for Boynton Beach.
Boynton Beach Plans
For the purpose of estimating replacement ratios and by extension benefit adequacy, we
projected expected benefit accruals using the assumptions for salary increases presented
in the individual plan valuations. These assumptions are as follows:
Fire
6.5% increase per year with an 11.1 % additional mcrease at
retirement to reflect unused sick and vacation pay
Police
6.5%, 5.5%, or 5.0% depending upon age with an additional 7% at
retirement to reflect unused sick and vacation pay
General
Varies by age with an average of 5.6% per year with an additional
10% at retirement to reflect unused sick and vacation pay
We modeled projected benefits using a typical employee for each plan. For Fire and
Police this is an individual hired at age 28 and for General hired at age 35. We then
considered the accrued benefit payable at Normal Retirement Age for each plan. Since
the normal form of benefit is either 10 year certain and life (Fire and Police) or Life only
(General), we adjusted the projected benefit to reflect a 50% joint and survivor form of
payment. In addition because COLAs in the Plan are ad hoc, we also adjusted for the
impact of post-retirement inflation by using the underlying inflation assumption of the
salary scale for each plan, 4% for Fire and Police and 3.5% for General.
FIRE
For a Firefighter who is hired at age 28 and works uninterrupted for 20 or 25 years and
retires, the following summarizes that firefighter's expected retirement income as a
percentage of final salary.
1. Accrued plan benefit based on a 10 year certain
and life benefit
2. Item 1 adjusted to reflect a 50% joint and
survivor annually
3. Item 2 adjusted to reflect post-retirement inflation
of4%
20 years
63%
25 years
78%
61%
76%
38%
49%
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The Segal Company
City of Boynton Beach
Section III: Review of the Current Benefit Structure in the
Various Plans
POLICE
For a Police Officer who is hired at age 28 and works uninterrupted for 20 or 25 years
and retires, the following summarizes that police officer's expected retirement income as
a percentage of final salary.
1. Accrued plan benefit based on a 10 year certain
and life benefit
2. Item 1 adjusted to reflect a 50% joint and
survivor annually
3. Item 2 adjusted to reflect post-retirement inflation
of4%
GENERAL
20 years
25 years
61%
76%
59%
74%
37%
47%
For a General Employee who is hired at age 35 and works uninterrupted for 25 or 30
years and retires, the following summarizes that general employee's expected retirement
income as a percentage of final salary.
1. Accrued plan benefit based on a life only benefit
2. Item 1 adjusted to reflect a 50% joint and
survivor annually
3. Item 2 adjusted to reflect post-retirement inflation
of3.5%
25 years
30 years
79%
71%
79%
69%
59%
63%
The benefits offered by the City can be expected to provide reasonable replacement of
income for participants retiring with 25 or more years of service when combined with
Social Security benefits and a modest amount of tax deferred savings. For Fire and Police
participants who retire after 20 years of service at fairly early ages, the plans are not
expected to replace income at the levels indicated in the Georgia State study. This is due
to their relatively short service and the relatively long period until Social Security
benefits start. We do note that often these employees will go on to some other
employment prior to Social Security age. The City and its constituent groups should
analyze and establish their goals and objectives for the retirement plans.
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The Segal Company
City of Boynton Beach
Section IV: Methods and Assumptions Review
This section of the report considers the funding methods and assumptions used to determine plan
liabilities and required contributions.
Actuarial Fundin2 Method
The funding method chosen to value a plan provides a framework for allocating plan liabilities to
periods of time or over the plan's salary. Fire and General use one method while Police uses a
different method. Both methods are acceptable under Florida law and GASB rules.
TRADITIONAL ENTRY AGE NORMAL COST METHOD
The funding method used by the Fire and General plans is the Entry Age Normal (EAN) cost
method. Under the EAN cost method the total cost for the year equals the normal cost plus net
amortization of charges and credits, where
o The normal cost is the level annual contribution as a percentage of pay from entry
age to assumed retirement age which is sufficient to fund the projected benefit at
retirement;
o The unfunded accrued liability is the present value of future benefits minus the
present value of future normal costs minus assets; and
o The amortization charges and credits are the changes in the unfunded liability that
are determined by each valuation then amortized in a manner adopted by the
Board.
FROZEN ENTRY AGE NORMAL COST METHOD
The funding method used by the Police Plan is the Frozen Entry Age Normal (FIL) cost method.
Under the FIL cost method the total cost for the year equals the normal cost plus net amortization
of charges and credits, where
o The normal cost is the level annual contribution as a percentage of pay of the
present value of all expected plan benefits less current assets less the unfunded
actuarial accrued liability (UAAL);
o The UAAL is the initial UAAL plus the net result of any changes in plan or
assumptions. It does not include any changes due to experience gains or losses;
o The amortization charges and credits are the changes in the unfunded liability that
are determined by each valuation then amortized in a manner adopted by the
Board.
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The Segal Company
City of Boynton Beach
Section IV: Methods and Assumptions Review
Asset Valuation Method
An actuarial asset valuation method is commonly used to smooth fluctuations in the market value
of assets and will help stabilize the calculated contribution rate from year-to-year. This
smoothing period is typically from 3 to 5 years with 5 years being the most common. The Fire
and Police Plans use 5 years and the General Plan uses 4 years.
Amortization of the Unfunded Actuarial Accrued Liability (VAAL)
As individual bases are established for each plan reflecting the changes in the UAAL, these bases
must be amortized in a manner that meets Florida law and GASB requirements. Currently the
Fire and Police Plans amortize bases over 30 years as a level percentage of payroll. That means
the period is 30 years and payments are scheduled to increase annually by 3.19% and 2.87%
respectively. For the General Plan the amortization period is 15 years with the payments
increasing by 3.5% per year. The Fire and Police amortization schedules are the maximum
allowed by Florida law and GASB. The General Plan's period is less than required. The level
percentage of salary methodology is acceptable under both Florida law and GASB.
Actuarial Assumptions
The following summarizes our review of individual assumptions. Appendix Three provides
additional details on the various plan assumptions.
Investment Return:
For the Fire and Police Plans, the investment return assumption is 8.5%; and for the General Plan,
it is 8.0%. About 60% of Florida plans use 8.0% and 11 % use 8.5%. In a recent NASRA (National
Association of State Retirement Administrators) survey 56% used 8.0% and 18% used 8.5%. Thus
the 8.0% used by the General Plan is average for most plans while the Fire and Police assumption
is at the upper range of reasonable. We recommend that the Fire and Police assumption be
reviewed to assure it continues to meet the needs of the City and the Plans.
Salary Scale:
The salary for the Fire Plan is 6.5% per year. This includes inflation of 4% and annual merit and
seniority increases of 2.5%. For the Police and General Plans, the inflation component is 4% and
3.5%, respectively, with merit and seniority increases based on the age of the participant. Our
experience would indicate that for Fire and Police Plans, a salary scale of inflation plus merit and
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The Segal Company
City of Boynton Beach
Section IV: Methods and Assumptions Review
seniority increases based on the length of service is usually more closely aligned with actual salary
increases. General plans tend to have less structure in their salary structure. We recommend the
current assumptions be compared to actual salary agreements in place to better reflect expected
future salary increases.
Mortality:
The current mortality assumption is the 1983 Group Annuity Mortality table. This is the current
standard required by the state actuary. Many systems are experiencing increasing life expectancies.
We recommend reviewing this assumption to determine if an update of this table is warranted.
Turnover Rates:
The turnover assumption for the Fire Plan is relatively low, starting at 6% for age 20 and
decreasing to .3% at age 55. For the Police Plan the rates start at 20% and go to 0% at age 40.
The Fire rates are typical of what we have seen for other Fire plans. The Police rates are higher
than we normally see for Police plans.
The General Plan assumption is a select and ultimate table. The select period is for the first five
years of employment. The ultimate rates are based on age. The rates themselves appear similar to
rates we have seen for other General plans.
We recommend reviewing actual plan experience to determine if any adjustments to this
assumption should be made.
Disabilitv Rates:
The Fire and Police Plans use the same disability rates. These appear to us to be reasonable but
should be compared to actual plan experience. The General Plan does not have an explicit
disability assumption. The benefit is deferred to normal retirement and this is a reasonable
assumption.
Retirement Rates:
Each plan has an assumption of 80% at first eligibility for normal retirement. There are lesser
rates for other ages. These rates should be reviewed for comparison to actual plan experience.
However, the recent ERIP must be excluded to establish a long term assumptions for the plans.
Given the low number of other retirements in recent years, we recommend that this assumption
be monitored as future experience emerges.
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The Segal Company
City of Boynton Beach
Section V: Review of Current DROP Provisions
In this section we present our review of the DROP plan provisions.
For this review, we model typical participants who enter the DROP for a five year period.
We presume salary increases will be as assumed using the valuation assumptions for each
plan and DROP accounts will accrue interest at 7%. The following presents the results of
these models.
Sample Benefit Amounts for a Five Year DROP Participant
Item Firefighters Police Officers General Emplovees
Hire Age 28 28 35
DROP Entry Age 48 48 60
Retirement Age 53 53 65
Salary at Retirement $90,000 $90,000 $60,000
Estimated DROP Benefit $41,000 $43,000 $39,000
Estimated DROP Lump-sum $245,000 $257,000 $230,000
Benefit if DROP was not Elected $71,000 $69,000 $48,000
As can be seen above, the DROP option is essentially an election to receive a lower
annuity benefit in return for a lump-sum at retirement. It is a way to combine certain
elements of a defined contribution plan into a defined benefit plan. So, for a Firefighter, if
the participant enters the DROP at age 48 and stays for 5 years he can receive an annual
annuity of $41,000 with a lump-sum of $245,000. If the same participant had not entered
the DROP, but worked 25 years anyway, then he would receive $71,000 a year.
For the Fire and Police examples above, the plan actually would have less total liability
exposure under the DROP option. This is because the participant gives up not only salary
increases but also an extra 3% accrual each year. For the General employee, the DROP
option has more liability exposure for the plan since the benefit formula is capped at 25
years. The above results are sensitive to actual salary increases in the DROP period as
well as age and optional form elected.
The key factor the City, Boards and Employee representatives should consider is the
encouragement the DROP designs give employees to retire at particular age and service
combinations and whether or not this meets with the career and personnel goals, needs
and objectives of the constituents they serve.
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The Segal Company
City of Boynton Beach
Section VI: Current Trends in Governmental Retirement
Benefits
Public employers are facing a number of trends in how retirement benefits are provided.
,. Increasing prevalence of defined contribution plans
, Changing career perspectives
,., Recognition of changing employee demographics and retirement perceptions
, Increasing portability and flexibility of retirement benefits
This section outlines these trends and how public employers are reacting to them. Some
of these trends are contradictory. That is, the move toward defined contribution plans in
the private sector has met with mixed enthusiasm by public sector employers. Recently,
we have seen public sector plans that converted to a defined contribution plan for new
hires revert back to a defined benefit plan after a period of time (e.g., Atlanta, Georgia).
So, when reading this section, keep in mind that the two basic types of retirement
programs entail significantly different approaches to retirement income. Defined benefit
plans provide a level of income security through a guaranteed annuity payable for life.
Defined contribution plans provide retirement income through the accumulation of
wealth in the form of an individual account balance.
Increasing prevalence of defmed contribution plans
Most smaller private employers have eliminated or frozen their traditional defined benefit
retirement plans. Retirement benefits in much of the private sector have moved fully to
defined contribution plans. As a result, only about 21 % of employees in private industry
are now covered by defined benefit plans. (This has been relatively constant for the last
five years.) Traditional defined benefit plans in many cases only continue where they are
the subject of collective bargaining, or where the defined benefit plan design is in place to
benefit the owners of a private company who are nearing retirement age and need to
accumulate a retirement benefit much more rapidly than is possible under a defined
contribution plan.
Participation in Retirement Plans for Full Time Employees*
All Private Industrv
Year Defined Benefit Plans Defined Contribution
Plans
1999 21% 36%
2000 19% 36%
2003 20% 40%
2004 21% 42%
2005 21% 42%
*Some employees participate in both types of plans
Source: Bureau of Labor Statistics
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The Segal Company
City of Boynton Beach
Section VI: Current Trends in Governmental Retirement
Benefits
By contrast, most public sector employees continue to be covered by traditional defined
benefit retirement plans.
Participation in Retirement Plans for Full Time Employees*
State and Local Government
Year Dermed Benefit Plans Dermed Contribution
Plans
1987 93% 9%
1990 90% 9%
1992 87% 9%
1994 91% 9%
1998** 90% 14%
*Some employees participate in both types of plans
**Latest date for which BLS collected data
Source: Bureau of Labor Statistics
While the most recent data collected by the Bureau of Labor Statistics regarding public
sector employees is somewhat dated, it nevertheless illustrates the divergence in
retirement plan coverage between private and public employers. Public employers
competing for employees against private sector employers should be aware of these
differences and take them into account in trying to attract qualified employees into public
servIce.
Some public employers have begun to shift their retirement benefit programs to be more
focused on defined contribution plans in order to compete more effectively with the
private sector. In recent years, several state employee systems have implemented defined
contribution benefits alongside their defined benefit programs.
Recent federal policy has also favored defined contribution plans over more traditional
defined benefit plans. In an effort to encourage employee saving toward retirement,
recent laws such as EGTRRA 2001 grant more flexibility for public employer defined
contribution plans. Also, recent administration proposals would create defined
contribution features within Social Security. Under the administration's Social Security
proposal, a portion of each worker's social security contributions would be deposited into
a defined contribution account, with selected investment options available. The worker,
rather than the Social Security system, would take on the investment risk. Whether or not
this proposal ever moves forward, it has added to and affected the public perceptions and
expectations about defined contribution plans.
In addition, administration policy featuring defined contribution benefit forms also
extends to health benefits, with sanction for defined contribution health benefits where an
employer provides only certain sums for health benefits, intended to be used in an
efficient manner by the employee for medical care.
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The Segal Company
City of Boynton Beach
Section VI: Current Trends in Governmental Retirement
Benefits
As the move of private industry continues toward a completely defined contribution
environment, public employers will need to address how they provide retirement benefits
and whether a more robust defined contribution component should be implemented.
Changing Career Perspectives
Recent demographic and employment statistics from the Bureau of Labor Statistics
indicate that employees age 25 and older only have a median of 4.9 years tenure with an
employer. This translates into the average employee potentially changing employers
seven to eight times during his or her working career. While older employees tend to
change jobs less frequently, the surge of younger employees coming into the workforce is
beginning to shorten the median tenures. Going forward, this trend means that it will be
less likely that an employee would work at a public employer for a full career. It is
possible employees will tend to stay 7-10 years, then move on to another employer.
Many new employees early in career may not be looking for the stability of a career
based pension plan, but instead for additional deferred cash compensation in the form of
defined contribution plans. These employees say they are looking for benefits based on
the time spent with an employer, rather than benefits based on an accrual over an entire
working career. They indicate that they expect they will be moving on at some time and
want to make sure the benefits they accrue toward retirement can move along with them.
Private employers have recognized this trend and many have ceased providing career
based retirement benefits. While elimination of traditional defined benefit programs at
private employers has been a result primarily of financial management and liability
reduction, private employers have also reacted to the change in their workforce's
perspective on employer loyalty and tenure. Surveys conducted by Segal and other
consulting firms regarding how employees value their benefits now routinely show that
employees value their direct pay and health benefits more than their retirement benefits.
Most public employer pension plans are based on the concept of working most of a full
career (typically 30 years or more) at one employer or at related public entities where
service could be transferred. While some public employers have actively addressed
providing retirement benefits under a different philosophy, many have not yet
reconsidered whether their traditional retirement plan approach continues to serve the
needs of their employees at all ages. Additionally, public sector employers must be
concerned with supplying the services needed for their tax-paying constituency and how
their retirement plans fit into these services.
Defined benefit plans have been used by some public employers as a tool for reductions-
in-force. To encourage older workers to retire, thereby making room for younger workers
to be promoted, early retirement packages or "windows" offer enhancements to the
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The Segal Company
City of Boynton Beach
Section VI: Current Trends in Governmental Retirement
Benefits
normal retirement benefit, such as additional service credit or a retiree health supplement.
A defined contribution plan does not offer this flexibility to employers.
Changing retirement perceptions
Public sector retirement programs are lucrative for the employee in that most allow full or
reduced pension benefits for retirement prior to Social Security benefit eligibility age.
Many employees who have accumulated the required years of service do tend to retire
earlier.
At the same time, as many long-service "Baby Boomer" generation public employees, do
retire at their earliest opportunity, employers are faced with a drain on their most
experienced talent. Often, it is difficult to replace these employees in a timely manner.
Although the workforce is aging, younger employees are increasingly more mobile and
are willing to take greater risks in the investment of their retirement assets. There is also
a general lack of confidence that Social Security benefits will maintain their current
value, and some employees even believe that Social Security will vanish before they
reach retirement age. In addition, decreasing numbers of workers express confidence that
they are prepared financially for retirement. Ironically, as private sector employers have
moved away from defined benefit plans that protect the value of a retiree's pension and
toward accumulation of wealth through defined contribution plans, more employees have
been caught in their last years before retirement by declining investment markets. With
reductions in their defined contribution account balances, they realize that they will not
have enough money to retire as planned. They are then forced to continue their
employment beyond the age they and their employer had targeted.
While many public employers have required employee participation in funding their
retirement benefits, a number of those employers now pay for all or a portion of the
employee's share of the cost. In the private sector, defined contribution plans routinely
require employee contributions to receive employer matching contributions, thereby
encouraging employees to save for retirement. As more public employers implement
defined contribution plan options, there is a developing trend to require employee
contributions to receive the employer matching contributions, thereby again encouraging
employees to save toward retirement.
Public employers are beginning to look at ways to retain their able, long-service
employees for a few more years while they build in talent behind them. Unfortunately,
many defined benefit retirement plans are designed for a traditional pattern of working
straight through to retirement, then paying benefits straight through until death.
Employers are now considering adding features for their retirement plans that allow
flexibility in when a person leaves for retirement without penalizing their choice to stay
on longer. Early retirees from public employers often end up employed in other positions
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The Segal Company
City of Boynton Beach
Section VI: Current Trends in Governmental Retirement
Benefits
to help subsidize their pension benefits. Sometimes they return to work for the employer
from which they retired. This developing "return-to-work after retirement" trend is
beginning to cause public employers to reconsider how they deal with their employees in
the last years of their working career. Some jurisdictions have implemented a DROP
(Deferred Retirement Option Program) feature in their defined benefit retirement plans.
The DROP allows an employee to effectively retire for pension purposes and begin
pension benefits, but continue working and not receive the pension benefits for a fixed
period of time (usually 3 years). During the DROP period, the "retiree" continues work,
but accrues no additional pension benefits. The amount of his or her monthly pension
payment is accumulated into an account within the pension trust without being paid out to
the individual. The account may accrue interest at a pre-determined rate. At the end of
the DROP period, the employee must actually retire. The accumulated pension amounts
for the DROP period are paid out to the retiree in a lump sum and regular pension
payments continue.
The DROP feature allows flexibility for both employee and employer in making the
retirement transition. DROPs are popular where employees hit the maximum service
accrual for the retirement plan, but are not quite ready to retire, or where the employer
needs to retain an employee to help transition his or her replacement, or where there may
be a shortage of qualified replacements for the retiree. The DROP lump-sum also allows
for a reallocation of the pension payments, thereby providing additional funds to help pay
for post-retirement medical benefits.
Boynton Beach has adopted DROP provisions for all three plans.
Increasing portability and flexibility of retirement benefits
One of the key advantages of defined contribution retirement benefits is their portability
as an employee moves from one employer to another. For the last 30 years under ERISA,
the defined contribution based private employer retirement system has allowed for
extensive portability through the ability of a terminating employee to rollover benefits to
an Individual Retirement Account or to transfer pre-tax account balances directly from
one employer plan to another. Unfortunately, this also provides the opportunity for
employees to deplete their retirement savings prior to actual retirement. Public
employers have had few of the same portability options.
EGTRRA 2001 provided greater portability for pension assets for public employers.
Rollovers and transfers are now permitted between and among governmental Section 457
plans, Section 403(b) annuities and tax-qualified plans. In addition, EGTRRA allows
increased employee contribution levels, particularly in years just before retirement
eligibility. EGTRRA also allows use of defined contribution balances to purchase
service credits in the employer's defined benefit plan (assuming the plan's provisions
allow the purchase).
Page 21
The Segal Company
City of Boynton Beach
Section VI: Current Trends in Governmental Retirement
Benefits
There is also a trend among public employer retirement systems toward incorporating
defined contribution plan elements into existing defined benefit plans. Some public
retirement plans bring in new employees under a defined contribution plan feature for the
first few years of employment, then require the employee to choose whether to stay in the
defined contribution program or convert to a defined benefit going forward. Other plans
allow a change between plan types after certain service intervals.
Appendix 4 provides a comparison of DB and DC plans from the point of view of the
employer and the employee.
Page 22
The Segal Company
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V. ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 02/28/06
LAST NAME FIRST 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
NAME SUBMITTED
Allard John Recreation and 9/13/05
Parks Bd.
Barnes Matthew Community Planning and 7/27/05
Redev. Aaency Development Bd
Fitzpatrick Michael Planning & 2/25/05
Development
Board
Hay Woodrow Community 1/3/06
Redevelopment
Agencv
Lender Wayne Community 1/28/05
Redevelopment
Agencv
Rodriguez Jose Community 9/30/05
Redevelopment
Agency
APPLICANTS FOR VETERANS ADVISORY COMMISSION:
(There are two non-residents permitted by Ordinance; One (1) in a Regular position and
one (1) in an Alternate Position. Those position are currently filled.)
* Andrea William Veterans 9/19/05
Commission
*Goldgeier Larry Veterans 9/16/05
Commission
* Jones Jerry Veterans 9/19/05
(Gerald) Commission
Krabill Thomas Veterans 12/10/05
Commission
*Leibensohn Marvin Veterans 9/16/05
Commission
**Milano Angelina Veterans 9/19/05
Commission
* Marilyn Veterans 9/19/05
* * Nemes Commission
**Sims Wilbur Veterans 9/22/05
Jean Commission
· * Non resident
· **May Serve Only as an Honorary Member
JAP
2/22/20063:06 PM
S:\CC\WP\BOARDSIAPPMENTS\Board Year 2005IAPPLlCANTS ELIGIBLE FOR APPT 02 21 06.doc
VII-CONSENT AGENDA
ITEM Bll
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November \4,2005 (Noon.) D February 7, 2006 January \7, 2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 2\, 2006 February 6,2006 (Noon)
D January 3, 2006 December \9,2005 (Noon) C8J March 7, 2006 February 21, 2006 (Noon)
D January \7,2006 January 3, 2006 (Noon) D March 2\, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF C8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business >.
~c_
D Announcement D Presentation .~"',
\
D City Manager's Report .' ..,
--
RECOMMENDATION: A motion to approve a piggy-back of Palm Beach County Bid# 06-034B to codt.;act wit~:
Tanner Industries of Southhampton, P A with an estimated expenditure of: $22,800.00. . "
EXPLANATION: The Utilities Department would like to purchase Anhydrous Ammonia at $.38/1b. fromr,fan~-.~~
Industries. Tanner Industries has been serving our needs for over (12) twelve years satisfactorily. Anti!lrou~ '1
Ammonia is used at both Water Treatment Plants as part of the disinfection process. On November 17,2005, Palm
Beach County opened and tabulated one bid from Tanner Industries and awarded same.
PROGRAM IMPACT: The anticipated use of Anhydrous Ammonia at both water treatment plants is 60,000 pounds
per year at a cost of $22,800.00.
FISCAL IMPACT:
ACCOUNT#:
401-2811-536-52-35
Last year's expenditure $15,000.00
~~
As stant to the Fmance DIrector
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Dave Ailstock ~ Chief Operator
Barb Conboy - Utilities Admin. Manager
File
MEMORANDUM
UTILITIES # 06-15
RECEIVED
FEB 0 7 2006
PROC~NT SERVICES
[MX.)
TO:
Mary Munro
Assistant to Finance Director
FROM:
Kefi Beateng ,/ A", ~~
Utilities Director ~ ~ . . -:.---:::::::
A 1_3(00
DATE: January 30, 2006
SUBJECT: Anhydrous Ammonia Bid
Piggy Back Palm Beach County Bid #06-034CB
Anhydrous Ammonia is used at both Water Treatment Plants as part of the
disinfection process. The current bid with Tanner Industries, Inc. has expired and
cannot be extended.
Due to a storage tank issue and exceptions in the bid we wish to cancel Bid # 048-
2821-05/CJD and piggy back Palm Beach County Bid #06-034CB.
We recommend purchasing Anhydrous Ammonia from Tanner Industries, Inc. for
$0.38 per pound using the Palm Beach County Anhydrous Ammonia Bid
#06-034CB.
We anticipate using 60,000 pounds per year of Anhydrous Ammonia at a cost of
$22,800.00.
Please place this item on the next City Commission Agenda for approval to piggy
back the Palm Beach County Bid for Anhydrous Ammonia to Tanner Industries, Inc.
for the 2005-2006 budget year. These funds will be available in account number
401-2811-536-52-35.
If you have any questions, please contact Dave Ailstock at extension 6953.
Attachments
KB/plw
Cc: Barbara Conboy
Dave Ailstock
Melvin Pinkney
File
MEMORANDUM
TO:
Dave Ailstock
Chief Operator
DATE: January 9, 2006
FROM:
Carol Doppler
SUBJECT: ANHYDROUS
AMMONIA
Attached is Palm Beach Cou y s bid and award for your review. As discussed, I
will need a memo from Kofi 0 cancel our bid and to agree to piggy back Palm
Beach County's Bid. I will then put it on the agenda for Commission approval and
notify the co-op of what we are doing.
Thank you.
C: File
"
, ,Page 1.3
..
. ';~~~' '. :
/SJnfonTI~tiqriandDesc:ripti"e Liti'!/"arure. ihduded. per,T~rm & Condition #,JJL,.?
BID.RESPONSE " '.'
.BI.O #()6..o34/C$ '.' '
,> '.
. . I .
;.. ,...... . ..... ...... .': . ~ . .... ....
IsQualifleationof'Bidder:sinforrl'latronindUded; per Terinand Conditiori# L.?
., .' . '. ...' , -.
.. ~PI..EA.SE:AFFIXSJGNATU~E WHERE' INDICATED .
, ..' '. (F At LU,RETQDO '$O~HAW-'~ES,UlT IN THE RE.JECTION: OFYOUR:a.ltJ) , . . '..
, ,By sign etureon. this .doc;umen~ bidd'er,~~-no,Wtedges ltndagrees ttlatits' Offer includes' arid aCce~ all terms;'cqnditJons.
r ~nd~p~lfu::ations of tt\e:cot.intysbid:so!lcl~ion as ()rigi'~a1fYP~plished; wi~ut~~ept'o.n:;Cha~geQ[ a~teratj(Jnqf.any.
. kil)d~ eXl::~umi!lyha\lEtbeen published by the County mpfflclal amendmentsw1or: tothi.$ ,date of subrrrlttal. ' .
.....Fl~~:I'JAME: (Enterth~entl~e:lega~:~.~.. of~thebiddi:ng ~tntity).
1'~~Na..:3:r.loott(.,~,~j?fI}~) " ...: ..' ,: . '.
,
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r
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Board of County Commissioners
County Administrator
Tony Masilotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
Robert Weisman
Purchasing Department
www.pbcgov.com/pur
BOARD OF COUNTY COMMISSIONERS
NOTICE OF SOLICITATION
BID #06-034/CB
ANHYDROUS AMMONIA, GRADE 99.9%,
PURCHASE AND DELIVERY, TERM CONTRACT
BID OPENING DATE: NOVEMBER 17.2005, AT 2:00 P.M.
It is the responsibility of the bidder to insure that all pages are included. Therefore, all bidders are advised to
closely examine this package. Any questions regarding the completeness of this package should be immediately
directed to Palm Beach County Purchasing Department (561) 616-6800.
It is requested that all bids be submitted in triplicate, one original and two copies.
BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED
IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM.
FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID.
Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655-4527
(from Dade County) or tune in to the Education and Government Television Cable Channel for a list of additional
advertised "Invitations for Bid" and "Requests for Proposal". The Bid Hotline also provides updates on posted
award recommendations. This same information, to include posted award information, is available on our web
site www.pbcgov.com/pur.
Protests can be accepted only during the five (5) business day posting period.
CAUTION
Amendments to this Invitation for Bid will be automatically sent only to those vendors
who received this document directly from Palm Beach County Purchasing Department.
Palm Beach County shall not be responsible for the completeness of any Invitation for Bid
package not purchased directly from Palm Beach County Purchasing Department.
In accordance with the provisions of ADA,
this document may be requested in an alternate format.
50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199
(561) 616-6800 FAX: (561) 616-6811
Page 2
BOARD OF COUNTY COMMISSIONERS
Palm Beach County
INVITATION FOR BID
BID NO: 06-034/CB
BID TITLE: Anhydrous Ammonia, Grade 99.9%, Purchase and Delivery, Term Contract
PURCHASING DEPARTMENT CONTACT: Cindy Brewer, Senior Buyer
FAX NO.: 561-242-6714 EMAIL ADDRESS: cbrewer@co.palm-beach.f1.us
TELEPHONE NO.: 561-616-6814
All bid responses must be received on or before November 17, 2005 , prior to 2:00 p.m., Palm Beach County local time,
at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing
Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415-3199.
This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if
issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part
thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.
PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein. The
selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract.
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
GENERAL CONDITIONS
1. GENERAL INFORMATION
Bidders are advised that this package constitutes the
complete set of specifications, terms, and conditions which
forms the binding contract between Palm Beach County and
the successful bidder. Changes to this invitation for bid may
be made onlv by written amendment issued by the County
Purchasing Department. Bidders are further advised to
closely examine every section of this document, to ensure
that all sequentially numbered pages are present, and to
ensure that it is fully understood. Questions or requests for
explanations or interpretations of this document must be
submitted to the Purchasing Department contact in writinQ in
sufficient time to permit a written response and, if required,
will be provided to all prospective bidders, prior to bid
opening. Oral explanations or instructions given by any
County agent are not binding and should not be interpreted
as altering any provision of this document. Bidder certifies
that this bid is made without reliance on any oral
representations made by the County.
The obligations of Palm Beach County under this award are
subject to the availability of funds lawfully appropriated for its
purpose.
2. LEGAL REQUIREMENTS
a. COMPLIANCE WITH LAWS AND CODES: Federal,
State, County and local laws, ordinances, rules and
regulations that in any manner affect the items covered
herein apply. Lack of knowledge by the bidder shall in
no way be a cause for relief from responsibility. The
successful bidder shall strictly comply with Federal,
State and local building and safety codes. Equipment
shall meet all State and Federal Safety regulations.
Bidder certifies that all products (materials, equipment,
processes, or other items supplied in response to this
bid) contained in its bid meets all O.S.H.A., ANSI, NFPA
and all other Federal and State requirements. Bidder
further certifies that, if it is the successful bidder, and
the product delivered is subsequently found to be
deficient in any of the aforementioned requirements in
effect on date of delivery, all costs necessary to bring
the product into compliance shall be borne by the
bidder.
In compliance with Chapter 442, Florida Statutes, any
toxic substance resulting from this bid shall be
accompanied by a properly completed Material Safety
Data Sheet (MSDS).
The Uniform Commercial Code (Florida Statutes,
Chapter 672) shall prevail as the basis for contractual
obligations between the successful bidder and Palm
Beach County for any terms and conditions not
speCifically stated in the Invitation for Bid.
b. DISCRIMINATION PROHIBITED: Palm Beach County
is committed to assuring equal opportunity in the award
of contracts and complies with all laws prohibiting
discrimination. The successful bidder is prohibited from
discriminating against any employee, applicant, or client
because of race, color, religion, disability, sex, age,
national origin, ancestry, marital status, or sexual
orientation.
c. INDEPENDENT CONTRACTOR RELATIONSHIP: The
successful bidder is, and shall be, in the performance of
all work, services, and activities under this Contract, an
Independent Contractor and not an employee, agent, or
servant of the COUNTY. All persons engaged in any of
the work or services performed pursuant to this Contract
shall at all times, and in all places, be subject to the
successful bidder's sole direction, supervision, and
control. The successful bidder shall exercise control
over the means and manner in which it and its
employees perform the work, and in all respects the
successful bidder's relationship, and the relationship of
its employees, to the COUNTY shall be that of an
Independent Contractor and not as employees or agents
of the COUNTY.
d. CRIMINAL HISTORY RECORDS CHECK
ORDINANCE: Pursuant to Ordinance 2003-030, the
Palm Beach County Criminal History Records Check
Ordinance ("Ordinance"), the County shall conduct
fingerprint based criminal history record checks on all
persons not employed by the County who repair, deliver,
or provide goods or services for, to, or on behalf of the
County. A fingerprint based criminal history record
check shall be conducted on all employees and
subcontractors of vendors, including repair persons and
delivery persons, who are unescorted when entering a
facility determined to be critical to the public safety and
security of the County. County facilities that require this
heightened level of security are identified in Resolution
R-2003-1274, as may be amended. The bidder is solely
responsible for understanding the financial, schedule,
and staffing implications of this Ordinance. Further, the
bidder acknowledges that its bid price includes any and
all direct or indirect costs associated with compliance of
this Ordinance, except for the applicable FDLE/FBI fees
that shall be paid by the County.
e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm
Beach County to notify all bidders of the following: "A
person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid on a contract 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 any public entity, and
may not transact business with any public entity in
excess of the threshold amount provided in F.S. 287.017
for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
f. NON-COLLUSION: Bidder certifies that it has entered
into no agreement to commit a fraudulent, deceitful,
unlawful, or wrongful act, or any act which may result in
unfair advantage for one or more bidders over other
bidders. Conviction for the Commission of any fraud or
act of collusion in connection with any sale, bid,
quotation, proposal or other act incident to doing
business with Palm Beach County may result in
permanent debarment.
No premiums, rebates or gratuities are permitted; either
with, prior to or after any delivery of material or provision
Page 3
of services. Any such violation may result in award
cancellation, return of material~, discontinuation of
services, removal from the vendor bid list(s), and/or
debarment or suspension from doing business with
Palm Beach County.
g. LOBBYING: Bidders are advised that the "Palm Beach
County Lobbyist Registration Ordinance" prohibits a
bidder or anyone representing the bidder from
communicating with any County Commissioner, County
Commissioner's staff, or any employee authorized to act
on behalf of the Commission to award a particular
contract regarding its bid, Le., a "Cone of Silence".
The "Cone of Silence" is in effect from the date/time of
the deadline for submission of the bid, and terminates at
the time that the Board of County Commissioners, or a
County Department authorized to act on their behalf,
awards or approves a contract, rejects all bids, or
otherwise takes action which ends the solicitation
process.
Bidders may, however, contact any County
Commissioner, County Commissioner's staff, or any
employee authorized to act on behalf of the Commission
to award a particular contract, via written communication
Le., facsimile, e-mail or U.S. mail.
Violations of the "Cone of Silence" are punishable by a
fine of $250.00 per violation.
h. CONFLICT OF INTEREST: All bidders shall disclose
with their bid the name of any officer, director, or agent
who is also an employee or a relative of an employee of
Palm Beach County. Further, all bidders shall disclose
the name of any County employee or relative of a
County employee who owns, directly or indirectly, an
interest of ten percent or more in the bidder's firm or any
of its branches.
i. SUCCESSORS AND ASSIGNS: The County and the
successful bidder each binds itself and its successors
and assigns to the other party in respect to all provisions
of this Contract. Neither the County nor the successful
bidder shall assign, sublet, conveyor transfer its interest
in this Contract without the prior written consent of the
other.
j. INDEMNIFICATION: Regardless of the coverage
provided by any insurance, the successful bidder shall
indemnify, save harmless and defend the County, its
agents, servants, or employees from and against any
and all claims, liability, losses and/or causes of action
which may arise from any negligent act or omission of
the successful bidder, its subcontractors, agents,
servants or employees during the course of performing
services or caused by the goods provided pursuant to
these bid documents and/or resultant contract.
k. PUBLIC RECORDS: Any material submitted in
response to this invitation for bid is considered a public
document in accordance with Section 119.07, F.S. This
includes material which the responding bidder might
consider to be confidential or a trade secret. Any claim
of confidentiality is waived upon submission, effective
after opening pursuant to Section 119.07, F.S.
I. INCORPORATION. PRECEDENCE. JURISDICTION:
This Invitation for Bid shall be included and incorporated
in the final award. The order of contractual precedence
shall be the bid document (original terms and
conditions), bid response, and purchase order or term
contract order. Any and all legal action necessary to
enforce the award or the resultant contract shall be held
in Palm Beach County and the contractual obligations
shall be interpreted according to the laws of Florida.
m. LEGAL EXPENSES: The County shall not be liable to a
bidder for any legal fees, court costs, or other legal
expenses arising from the interpretation or enforcement
of this contract, or from any other matter generated by or
relating to this contract.
3. BID SUBMISSION
a. SUBMISSION OF RESPONSES: All bid responses
must be submitted on the provided Invitation for Bid
"Response" Form. Bid responses on vendor
letterhead/quotation forms shall not be accepted.
Responses must be typewritten or written in ink, and
must be signed in ink by an agent of the company
having authority to bind the company or firm. FAILURE
TO SIGN THE BID RESPONSE FORM AT THE
INDICATED PLACES SHALL BE CAUSE FOR
REJECTION OF THE BID. Bid responses are to be
submitted to the Palm Beach County Purchasing
Department no later than the time indicated on the
solicitation preamble, and must be submitted in a sealed
envelope or container, which should have the enclosed
address label affixed and bearing the bid number.
b. CERTIFICATIONS. LICENSES AND PERMITS: Unless
otherwise directed in sub-paragraph d. (Local
Preference) or the Special Conditions of this bid, bidder
should include with its bid a copy of all applicable
Certificates of Competency issued by the State of
Florida or the Palm Beach County Construction Industry
Licensing Board in the name of the bidder shown on the
bid response page. It shall also be the responsibility of
the successful bidder to submit, prior to commencement
of work, a current Occupational License for Palm Beach
County and all permits required to complete this
contractual service at no additional cost to Palm Beach
County. A Palm Beach County Occupational license is
required unless specifically exempted by law. In lieu of
a Palm Beach County occupational license, the bidder
should include the current occupational license issued to
the bidder in the response. It is the responsibility of the
successful bidder to ensure that all required
certifications, licenses and permits are maintained in
force and current throughout the term of the contract.
Page 4
Failure to meet this requirement shall be considered
default of contract.
c. SBE BID DOCUMENT LANGUAGE
Item 1 - Policv
It is the policy of the Board of County Commissioners of
Palm Beach County, Florida, that SBE(s) have the
maximum practical opportunity to participate in the
competitive process of supplying goods and services to
the County. To that end, the Board of County
Commissioners established Ordinance No. 2002-064,
which sets forth the County's requirements for the SBE
program, and are incorporated in this solicitation.
Compliance with the requirements contained in this
section shall result in a bidder being deemed responsive
to SBE requirements. The provisions of this Ordinance
are applicable to this solicitation, and shall have
precedence over the provisions of this solicitation in the
event of a conflict.
Although preferences will not be extended to certified
M/WBEs, unless otherwise provided by law, businesses
eligible for certification as an M/WBE are encouraged to
maintain their certification in order to assist in the
tracking of M/WBE availability and awards of contracts
to M/WBEs. This information is vital to determining
whether race and gender neutral programs assist
M/WBE firms or whether race and gender preferences
are necessary in order to address any continued
discrimination in the market.
Item 2 - SBE Goals
The County has established a minimum goal of 15%
SBE participation for all County solicitations. This goal
is a minimum, and no rounding shall be accepted.
Item 3 - Ranking of ResDonsive Bidders
Bidders who meet the SBE goal shall be deemed to be
responsive to the SBE requirement. When evaluating
competitive bids of up to one million dollars ($1,000,000)
in which the apparent low bidder is determined to be
non-responsive to the SBE requirement, the contract
shall be awarded to the low bidder responsive to the
SBE requirement, or, in the event there are no bidders
responsive to the SBE requirement, to the bidder with
the greatest SBE participation in excess of seven
percent (7%) participation, as long as the bid does not
exceed the low bid amount by ten percent (10%).
In cases where the low bid exceeds one million dollars
($1,000,000), the contract shall be awarded to the low
bidder responsive to the SBE requirements, or, in the
event there are no bidders responsive to the SBE
requirements, to the bidder with the greatest SBE
participation in excess of seven percent (7%)
participation, provided that such bid does not exceed the
low bid otherwise responsive to the bid requirements by
more than one hundred thousand dollars ($100,000)
plus three percent (3%) of the total bid in excess of one
million dollars ($1,000,000).
Item 4 . Bid Submission Documentation
SSE bidders, bidding as prime contractors, are advised
that they must complete Schedule 1 listing the work to
be performed by their own workforce as well as the work
to be performed by any SSE or M/WSE subcontractor.
Failure to include this information on Schedule 1 will
result in the participation by the SSE prime bidders own
workforce NOT being counted towards meeting the SSE
goal. This requirement applies even if the SSE
contractor intends to perform 100% of the work with their
own workforce. Sidders are required to submit with
their bid the appropriate SSE-M/WSE schedules in order
to be deemed responsive to the SSE requirements.
SSE-M/WSE documentation to be submitted is as
follows:
Schedule 1 - List of Proposed SBE and M/WBE
Prime Subcontractors
This list shall contain the names of all SSE and M/WSE
subcontractors intended to be used in performance of
the contract, if awarded. The type of work to be
performed by each subcontractor and the dollar value or
percentage shall also be specified. This schedule shall
also be used if an SSE prime bidder is utilizing ANY
subcontractors.
Schedule(s) 2 - Letter(s) of Intent to Perform as an
SBE or M/WBE Subcontractor
One Schedule 2 for each SSE and M/WSE
Subcontractor listed on Schedule 1 shall be completed
and executed by the proposed SSE and M/WSE
Subcontractor. Additional copies may be made as
needed.
Item 5 . SBE Certification
Only those firms certified by Palm Seach County at the
time of bid opening shall be counted toward the
established SSE goals. Upon receipt of a complete
application, IT TAKES UP TO SIXTY (60) DAYS TO
BECOME CERTIFIED AS AN SBE WITH PALM
BEACH COUNTY. It is the responsibility of the bidder
to confirm the certification of any proposed SSE;
therefore, it is recommended that bidders contact the
OSSA at (561) 616-6840 to verify certification.
Item 6 . Countina SBE Participation (and M/WBE
Participation for Trackina Purposes)
6.1 Once a firm is determined to be an eligible SSE
according to the Palm Seach County certification
procedures, the County or the Prime may count toward
its SSE goals only that portion of the total dollar value
of a contract performed by the SSE.
Page 5
6.2 The total dollar value of a c(Jntract with an eligible
SSE may be counted toward tne goal.
6.3 The County may count toward its SSE goals the
total value of a contract awarded to an eligible SSE firm
that subsequently is decertified or whose certification
has expired after a contract award date or during the
performance of the contract.
6.4 The County or Prime may count toward its SSE
goal a portion of the total dollar value of a contract with
a joint venture, eligible under the standards for
certification, equal to the percentage of the ownership
and control of the SSE partner in the joint venture.
6.5 The County or Prime may count toward its SSE
goal the entire expenditures for materials and
equipment purchased by an SSE subcontractor,
provided that the SSE subcontractor has the
responsibility for the installation of the purchased
materials and equipment.
6.6 The County or Prime may count the entire
expenditure to an SSE manufacturer (Le., a supplier
that produces goods from raw materials or substantially
alters the goods before resale).
6.7 The County or Prime may count sixty percent
(60%) of its expenditure to SBE suppliers that are not
manufacturers.
6.8 The County or Prime may count toward its SSE
goal second and third tiered SSE subcontractors,
provided that the Prime identifies the SBE
subcontractors as second and third tier subs in their bid
submittal.
Item 7 - Responsibilities After Contract Award
All bidders hereby assure that they shall meet the SBE
participation percentages submitted in their respective
bids with the subcontractors contained on Schedules 1
& 2 and at the dollar values specified. Bidders agree to
provide any additional information requested by the
County to substantiate participation.
The successful bidder shall submit an SSE-M/WSE
Activity Form (Schedule 3) and SSE-MIWBE Payment
Certification Forms (Schedule 4) with each payment
application. Failure to provide these forms may result
in a delay in processing payment or disapproval of the
invoice until they are submitted. The SSE-MIWSE
Activity Form is to be filled out by the Prime Contractor
and the SBE-M/WSE Payment Certification Forms are
to be executed by the SBE or M/WBE firm to verify
receipt of payment.
Item 8 - SBE Substitutions
After contract award, the successful bidder shall only
be permitted to replace a certified SBE subcontractor
who is unwilling or unable to perform. .Such
substitution must be done with other certified SBEs in
order to maintain the SBE percentages submitted with
the bid. Requests for substitutions must be submitted
to the Department issuing the bid and the OSBA.
Note: Where there is a conflict between the Local
Preference Ordinance and the SBE Ordinance, the
SBE Ordinance shall prevail.
d. LOCAL PREFERENCE: In accordance with the Palm
Beach County Local Preference Ordinance, a
preference will be given to bidders who have a
permanent place of business in Palm Beach County
and who hold a valid occupational license issued by the
County that authorizes the bidder to provide the goods
or services to be purchased. Local preference means
that if the lowest responsive, responsible bidder is a
regional or non-local business, then all bids received
from responsive, responsible local bidders are
decreased by 5%. The original bid amount is not
changed; the 5% decrease is calculated only for the
purposes of determining local preference. To receive a
local preference, a bidder must have a permanent
place of business in existence Drior to the County's
issuance of this Notice of Solicitation/Invitation for Bid.
Prior to the County's issuance means the date that the
Notice of Solicitation/Invitation for Bid was advertised in
the Palm Beach Post. A permanent place of business
means that the bidder's headquarters is located in
Palm Beach County; or, the bidder has a permanent
office or other site in Palm Beach County where the
bidder will produce a substantial portion of the goods or
services to be purchased. A valid occupational license
issued by the Palm Beach County Tax Collector shall
be used to verify that the bidder had a permanent place
of business prior to the issuance of this Notice of
Solicitation/Invitation for Bid. A Palm Beach County
Occupational license is required unless specifically
exempted by law. In lieu of a Palm Beach County
occupational license, the bidder shall include the
current occupational license issued to the bidder in the
response. Please note that the bid submitted to Palm
Beach County must be from an address located within
Palm Beach County in order for local preference to
apply. The bidder must submit the attached
"Certification of Business Location" along with a copy of
the bidder's occupational license at the time of bid
submission. Failure to submit this information shall
cause the bidder to not receive a local preference.
Palm Beach County may require a bidder to provide
additional information for clarification purposes at any
time prior to the award of the contract.
e. DRUG FREE WORKPLACE CERTIFICATION: In
compliance with Florida Statute (Section 287.087)
attached form "Drug-Free Workplace Certification"
should be fully executed and submitted with bid
response in order to be considered for a preference
whenever two (2) or more bids which are equal with
Page 6
respect to price, quality, and service are received by
Palm Beach County.
f. CONDITIONED OFFERS: Bidders are cautioned that
any condition, qualification, provision, or comment in
their bid, or in other correspondence transmitted with
their bid, which in any way modifies, takes exception to,
or is inconsistent with the specifications, requirements,
or any of the terms, conditions, or provisions of this
solicitation, is sufficient cause for the rejection of their
bid as non-responsive.
g. PRICING:
(1) Prices offered must be the price for new
merchandise and free from defect. Unless
specifically requested in the bid specifications,
any bids containing modifying or escalation
clauses shall be rejected.
(2) Bidder warrants by virtue of bidding that prices
shall remain firm for a period of ninety (90) days
from the date of bid opening or other time stated
in special conditions.
(3) In the event of mathematical error(s), the unit
price shall prevail and the bidder's total offer
shall be corrected accordingly. BIDS HAVING
ERASURES OR CORRECTIONS MUST BE
INITIALED IN INK BY THE BIDDER PRIOR TO
BID OPENING. IF THE CORRECTION IS NOT
PROPERLY INITIALED, OR IF THE INTENT
OR LEGIBILITY OF THE CORRECTION IS
NOT CLEAR, THE BID SHALL BE
REJECTED.
(4) Bidders may offer a cash discount for prompt
payment. However, such discounts shall not be
considered in determining the lowest net cost for
bid evaluation purposes unless otherwise
specified in the special conditions. Bidders
should reflect any discounts to be considered in
the unit prices bid.
h. SUBMITTING NO BID or NO CHARGE: Bidders not
wishing to bid on some items sought by this solicitation
should mark those items as "no bid." If some items are
to be offered at no charge, bidders should mark those
items as "no charge." Items left blank shall be
considered a "no bid" for that item, and the bid shall be
evaluated accordingly. Bidders who do not wish to
submit bids on any item in this solicitation, should return
a "Statement of No Bid" in an envelope plainly marked
with the bid number and marked "NO BID,"
i. ACCEPTANCE/REJECTION OF BIDS: Palm Beach
County reserves the right to accept or to reject any or all
bids. Palm Beach County also reserves the right to (1)
waive any non-substantive irregularities and
technicalities; (2) reject the bid of any bidder who has
previously failed in the proper performance of a contract
of a similar nature, who has been suspended or
debarred by another governmental entity, or who is not
in a position to perform properly under this award; and
(3) inspect all facilities of bidders in order to make a
determination as to its ability to perform.
Palm Beach County reserves the right to reject any offer
or bid if the prices for any line items or subline items are
materially unbalanced. An offer is materially unbalanced
if it is mathematically unbalanced, and if there is reason
to believe that the offer would not result in the lowest
overall cost to the County, even though it is the lowest
evaluated offer. An offer is mathematically unbalanced
if it is based on prices which are significantly less than
fair market price for some bid line item and significantly
greater than fair market price for other bid line items.
Fair market price shall be determined based on industry
standards, comparable bids or offers, existing contracts,
or other means of establishing a range of current prices
for which the line items may be obtained in the market
place. The determination of whether a particular offer or
bid is materially unbalanced shall be made in writing by
the Purchasing Director, citing the basis for the
determ ination.
j. NON-EXCLUSIVE: The County reserves the right to
acquire some or all of these goods and services through
a State of Florida contract under the provisions of
Section 287.042, Florida Statutes, provided the State of
Florida contract offers a lower price for the same goods
and services. This reservation applies both to the initial
award of this solicitation and to acquisition after a term
contract may be awarded. Additionally, Palm Beach
County reserves the right to award other contracts for
goods and services falling within the scope of this
solicitation and resultant contract when the
specifications differ from this solicitation or resultant
contract, or for goods and services specified in this
solicitation when the scope substantially differs from this
solicitation or resultant contract.
k. OFFER EXTENDED TO OTHER GOVERNMENTAL
ENTITIES: Palm Beach County encourages and agrees
to the successful bidder extending the pricing, terms and
conditions of this solicitation or resultant contract to
other governmental entities at the discretion of the
successful bidder.
I. PERFORMANCE DURING EMERGENCY: By
submitting a bid, bidder agrees and promises that,
during and after a publiC emergency, disaster, hurricane,
flood, or acts of God, Palm Beach County shall be given
"first priority" for all goods and services under this
contract. Bidder agrees to provide all goods and
services to Palm Beach County during and after the
emergency/disaster at the terms, conditions, and prices
as provided in this solicitation, and with a priority above,
a preference over, sales to the private sector. Bidder
shall furnish a 24-hour phone number to the County in
the event of such an emergency. Failure to provide the
stated priority/preference during and after an
emergency/disaster shall constitute breach of contract
and make the bidder subject to sanctions from further
business with the County.
Page 7
4. BID OPENING/AWARD OF BID
a. OBSERVING THE PUBLISHED BID OPENING TIME:
The published bid opening time shall be
scrupulously observed. It is the sole responsibility of
the bidder to ensure that their bid arrives in the
Purchasing Department prior to the published bid
opening time. Any bid delivered after the precise time of
bid opening shall not be considered, and shall be
returned to the bidder unopened if bidder identification is
possible without opening. Bid responses by telephone,
telegram, or facsimile shall not be accepted. Bidders
shall not be allowed to modify their bids after the
published bid opening time.
b. POSTING OF AWARD RECOMMENDATION:
Recommended awards shall be publicly posted for
review, at the Purchasing Department prior to final
approval, and shall remain posted for a period of five (5)
business days. Bidders desiring a copy of the bid
posting summary may request same by enclosing a self-
addressed, stamped envelope with their bid. (NOTE:
As a service to bidders, the County provides an
unofficial list of award postings on our web site at
www.obcQov.com/our and on our bid hot-line, telephone
561-795-8080. These listings are updated weekly,
normally on Friday. If any discrepancy between these
listings and the official posting in the Purchasing
Department, the latter shall prevail.)
c. PROTEST PROCEDURE: Protest procedures are
provided in the Palm Beach County Purchasing Code.
Protests must be in writing, addressed to the Director of
Purchasing, identify the solicitation, specify the basis for
the protest, and be received by the Purchasing
Department within five (5) business days of the posting
date of the recommended award. The protest is
considered filed when it is received by the Purchasing
Department. Failure to file protest as outlined in the
Palm Beach County Purchasing Code shall constitute a
waiver of proceedings under the referenced County
Code.
5. CONTRACT ADMINISTRATION
a. DELIVERY AND ACCEPTANCE: Deliveries of all items
shall be made as soon as possible. Deliveries resulting
from this bid are to be made during the normal working
hours of the County. Time is of the essence and
delivery dates must be met. Should the successful
bidder fail to deliver on or before the stated dates, the
County reserves the right to CANCEL the order or
contract and make the purchase elsewhere. The
successful bidder shall be responsible for making any
and all claims against carriers for missing or damaged
items.
Delivered items shall not be considered "accepted" until
an authorized agent for Palm Beach County has, by
inspection or test of such items, determined that they
appear to fully comply with specifications. The Board of
County Commissioners may return, at the expense of
the successful bidder and for full credit, any item(s)
received which fail to meet the County's specifications or
performance standards.
b. FEDERAL AND STATE TAX: Palm Beach County is
exempt from Federal and State taxes. The authorized
agent for Purchasing shall provide an exemption
certificate to the successful bidder, upon request.
Successful bidders are not exempted from paying sales
tax to their suppliers for materials to fulfill contractual
obligations with the County, nor are successful bidders
authorized to use the County's Tax Exemption Number
in securing such materials.
c. PAYMENT: Payment shall be made by the County after
commodities/services have been received, accepted
and properly invoiced as indicated in the contract and/or
order. Invoices must bear the order number. The
Florida Prompt Payment Act is applicable to this
solicitation.
d. CHANGES: The Director of Purchasing, Palm Beach
County, by written notification to the successful bidder
may make minor changes to the contract terms. Minor
changes are defined as modifications which do not
significantly alter the scope, nature, or price of the
specified goods or services. Typical minor changes
include, but are not limited to, place of delivery, method
of shipment, minor revisions to customized work
specifications, and administration of the contract. The
successful bidder shall not amend any provision of the
contract without written notification to the Director of
Purchasing, and written acceptance from the Director of
Purchasing or the Board of County Commissioners.
e. EQUITABLE ADJUSTMENT: The County may, in its
sole discretion, make an equitable adjustment in the
Contract terms and/or pricing if pricing or availability of
supply is affected by extreme and unforeseen volatility in
the marketplace, that is, by circumstances that satisfy all
the following criteria: (1) the volatility is due to causes
wholly beyond the successful bidder's control, (2) the
volatility affects the marketplace or industry, not just the
particular successful bidder's source of supply, (3) the
effect on pricing or availability of supply is substantial,
and (4) the volatility so affects the successful bidder that
continued performance of the Contract would result in a
substantial loss.
Note: Any adjustment would require irrefutable
evidence and written approval by the Director of
Purchasing.
r. DEFAULT: The County may, by written notice of
default to the successful bidder, terminate the contract in
whole or in part if the successful bidder fails to
satisfactorily perform any provisions of this solicitation or
resultant contract, or fails to make progress so as to
endanger performance under the terms and conditions
Page 8
of this solicitation or resultant contract, and does not
remedy such failure within a period of 10 days (or such
period as the Director of Purcl1asing may authorize in
writing) after receipt of notice from the Director of
Purchasing specifying such failure. In the event the
County terminates this contract in whole or in part
because of default of the successful bidder, the County
may procure goods and/or services similar to those
terminated, and the successful bidder shall be liable for
any excess costs incurred due to this action.
If it is determined that the successful bidder was not in
default or that the default was excusable (e.g., failure
due to causes beyond the control of, or without the fault
or negligence of, the successful bidder), the rights and
obligations of the parties shall be those provided in
Section Sf, "Termination for Convenience."
g. TERMINATION FOR CONVENIENCE: The Director of
Purchasing may, whenever the interests of the County
so require, terminate the contract, in whole or in part, for
the convenience of the County. The Director of
Purchasing shall give written notice of termination to the
successful bidder, specifying the portions of the contract
to be terminated and when the termination becomes
effective. If only portions of the contract are terminated,
the successful bidder has the right to withdraw, without
adverse action, from the entire contract.
Unless directed differently in the notice of termination,
the successful bidder shall incur no further obligations in
connection with the terminated work, and shall stop work
to the extent specified and on the date given in the
notice of termination. Additionally, unless directed
differently, the successful bidder shall terminate
outstanding orders and/or subcontracts related to the
terminated work.
THIS IS THE END OF "GENERAL CONDITIONS."
Page 9
SPECIAL CONDITIONS
6. GENERAL/SPECIAL CONDITION PRECEDENCE
In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall
have precedence.
7. QUALIFICATION OF BIDDERS
This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service
specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory
performance record. Such information may include an adequate financial statement of resources, the ability to comply with
required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary
organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to
receive an award under applicable laws and regulations.
The bidder should submit the following information with their bid response; however, if not included, it shall be the
responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within
two working days of request). Failure of a bidder to provide the required information within the specified time frame is
considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this
provision.
A. List a minimum of three (3) references in which similar goods and/or services have been provided within the past
three (3) years including scope of work, contact names, addresses, telephone numbers and dates of service. A
contact person shall be someone who has personal knowledge of the bidder's performance for the specific
requirement listed. Contact person must have been informed that they are being used as a reference and that
the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the
requirement.
8. AWARD (ALL-OR-NONE)
Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis.
9. METHOD OF ORDERING (TERM CONTRACT)
A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the
County. The County will order on an "as needed" basis.
10. F.O.B. POINT
The F.O.B. point shall be destination, which shall be as per Secification paae . Bid responses showing other than
F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and
risk in transit, and shall be responsible for the filing of claims for loss or damages.
11. DELIVERY
Delivery shall be required within fortv-eiaht (48) hours after receipt of term contract delivery order (DO) unless a modified
delivery date has been requested by the successful bidder and approved in writing by the Purchasing Department or the
designated County representative. Failure of the successful bidder to perform to the delivery requirement is sufficient cause
for default and termination of the contract.
12. AS SPECIFIED
A purchase order or term contract delivery order (DO) will be issued to the successful bidder with the understanding that all
items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder,
items not delivered as specified.
At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to
determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges
for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications.
Page 10
14. RENEWAL OPTION
The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for two (2) additional
twelve (12) month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all
original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of
funds by the Board of County Commissioners.
15. INFORMATION AND DESCRIPTIVE LITERATURE
Bidder shall enter the manufacturer and manufacturer part number on the bid response page, if required. However, the
bidder shall submit with their bid response, manufacturer cut sheets, sketches, descriptive literature and/or complete
specifications for said item(s). Literature shall provide sufficient detail to verify compliance to bid specifications. The failure
of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall
result in the rejection of the bid. Reference to literature submitted with a previous bid or literature which has been created
by any entity other than the manufacturer will not satisfy this provision. The County reserves the sole right to determine
acceptance of offered item(s).
16. INSURANCE REQUIRED
It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance
coverage to Palm Beach County, c/o Purchasing Department, Attention Insurance/Buyer Assistant, 50 South Military Trail,
Suite 110, West Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof,
the successful bidder shall provide this evidence to the County prior to the expiration date of each and every insurance
required herein.
Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar
form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage
Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed
Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages.
Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when
applicable to the work to be performed.
Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not
less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context,
the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In
the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended
allowing successful bidder to maintain only Hired & Non-Owned auto Liability. This amended requirement may be satisfied by
way of endorsement to the Commercial General Liability, or separate Business Auto coverage form.
Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation &
Employer's Liability Insurance in accordance with Florida Statute Chapter 440.
(WHEN APPLICABLE: A Garage Liability Policy shall be considered a similar form in satisfying the Commercial General
Liability insurance requirements. Garagekeeper's Legal Liability shall have minimum limits of $100,000 per occurrence
against Comprehensive and Collision/Upset causes of loss. When a per vehicle sub limit applies, the minimum sub limit shall
be $50,000 per vehicle. An "on-hook" endorsement, or similar coverage, shall have a minimum limit of $50,000 per vehicle
)roviding physical damage legal liability for the same causes of loss above on any vehicle while in tow. Any per vehicle or
)er occurrence deductible shall be the contractor's responsibility.
:WHEN APPLICABLE: Professional Liability Insurance shall have minimum limits of $500,000 Per Occurrence and $500,000
~ggregate.)
~ signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the
>uccessful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance
::;ompany/Agent within a time frame specified by the County (normally within 2 working days of request).
Page 11
Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable),
said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach
County as an Additional Insured.
Further, said Certificate(s) shall unequivocally provide thirty (30) days (except 10 days for non-payment) written notice to
County prior to any adverse change, cancellation or non-renewal of coverage there under.
It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force
throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All
insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers
providing coverage.
All insurance provided hereunder shall be endorsed to show that it is primary as respect to County.
Page 12
SPECIFICATIONS
BID #06-034/CB
ANHYDROUS AMMONIA, GRADE 99.9%,
PURCHASE AND DELIVERY, TERM CONTRACT
PURPOSE AND INTENT
The sole purpose and intent of this Invitation for Bid (IFB) is to secure a firm fixed price term contract for the purchase and
delivery of Anhydrous Ammonia for various Palm Beach County Water Utilities Treatment Plants, as specified herein.
PRODUCT
Bulk Anhydrous Ammonia refrigeration grade of 99.9% purity certified to conform with ANSIINSF60, or latest edition.
TEST AND SAFETY
Palm Beach County reserves the right to conduct independent tests to determine if Anhydrous Ammonia supplied meets the
standards, according to the Bureau of Standards Circular No. 142, Purity and Conformance with ANSI/NSF60-1988, or latest
edition.
Successful bidder shall conform to the refrigeration grade requirement (ANSI/NSF61.1) for storage and handling of
Anhydrous Ammonia.
Successful bidder shall comply with Compressed Gas Association Inc., G-2 and G-21 Standards, or latest edition.
All deliveries from this Invitation for Bid must be accompanied by Material Safety Data Sheets.
DELIVERY
Unit price per pound shall include all delivery and unloading charges. Deliveries shall be between 7:00 a.m. and 5:00 p.m.
DELIVERY LOCATIONS
1. Water Treatment Plant, System #2
2956 Pinehurst Drive
West Palm Beach, FL 33467
Contact: Pat Lyles, (561) 968-9335
2. Water Treatment Plant, System #3, Southern Region Operations Center (SROC)
13026 Jog Road
Defray Beach, FL 33484
Contact: Contact: Dennis Ford, (561) 638-5085
3. Water Treatment Plant, System #8
1500 Jog Road
West Palm Beach, FL 33415
Contact: Tim McLeer, (561) 233-1353
t Water Treatment Plant, System #9
22438 SW ih Street
Boca Raton, FL 33433
Contact: Vincent Munn, (561) 470-9788
Page 13
BID RESPONSE
BID #06-034/CB
ANHYDROUS AMMONIA, GRADE 99.9%,
PURCHASE AND DELIVERY, TERM CONTRACT
ITEM DESCRIPTION UNIT ESTIMATED UNIT TOTAL OFFER
NO. QUANTITY PRICE
1. Anhydrous Ammonia, Bulk,
Refrigeration Grade 99.9% Purity, LB. 250,000 $ $
as specified herein.
Is Qualification of Bidders information included, per Term and Condition # .L.?
YES
INITIAL
Is Information and Descriptive Literature included, per Term & Condition # ~?
YES
INITIAL
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID)
By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions,
and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any
kind, except as may have been published by the County in official amendments prior to this date of submittal.
FIRM NAME: (Enter the entire legal name of the bidding entity) DATE:
PRINT NAME:
* SIGNATURE: PRINT TITLE:
ADDRESS:
CITY I STATE: ZIP CODE:
TELEPHONE # ( ) E-MAIL:
TOLL FREE # ( ) FAX #: ( )
APPLICABLE
L1CENSE(S)
NUMBER # TYPE:
FEDERAL ID #
Page 14
STATEMENT OF NO BID
BID #06-034/CB
ANHYDROUS AMMONIA, GRADE 99.9%,
PURCHASE AND DELIVERY, TERM CONTRACT
If you are not bidding on this service/commodity, please complete and return this form to: Palm Beach County Purchasing
Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199.
Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the County of Palm Beach.
COMPANY NAME:
ADDRESS:
TELEPHONE:
SIGNATURE:
DATE:
WE, the undersigned have declined to bid on your Bid No.
for
(Service/Commodity)
because of the following reason(s):
Specifications too "tight", i.e., geared toward brand or manufacturer
only (explain below)
Insufficient time to respond to the Invitation for Bid
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
Page 15
CERTIFICATION. OF BUSINESS LOCATION
BID #06-034/CB
In accordance with the Palm Beach County Local Preference Ordinance, a preference shall be given to those bidders
who have a permanent place of business in Palm Beach County ("County") and who hold a valid occupational license issued
by the County that authorizes the bidder to provide the goods or services to be purchased. To receive a local preference, an
interested bidder must have a permanent place of business in existence prior to the County's issuance of an invitation for bid.
A valid occupational license issued by the County Tax Collector shall be used to verify that the bidder had a permanent place
of business prior to the issuance of the invitation for bid. A Palm Beach County Occupational license is required unless
specifically exempted by law. In lieu of a Palm Beach County occupational license, the bidder shall include the current
occupational license issued to the bidder in the response. The bidder must submit this Certification of Business Location
along with the required occupational license at the time of bid submission. This Certification of Business Location is the sole
determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed
Certification shall cause the bidder to not receive a local preference. Please note that the bid submitted by the bidder to the
County must be from an address located within Palm Beach County in order for local preference to apply.
I. Bidder is a:
Non-Local Business A non-local business is one that does not have a permanent place of business in Palm Beach,
Martin, Broward, or Miami-Dade County.
Regional Business A regional business is one that has a permanent place of business in Martin, Broward, or
Miami-Dade County.
(Please indicate):
Martin County
Broward County
Miami - Dade County
Local Business A local business has a permanent place of business in Palm Beach County
(Please indicate):
Headquarters located in Palm Beach County
Permanent office or other site located in Palm Beach County
from which a vendor will produce a substantial portion of the goods or
services to be purchased
** A post office box or location at a postal service center is not acceptable.
II. The attached copy of bidder's Palm Beach County Occupational License verifies bidder's permanent place
of business in Palm Beach County
THIS CERTIFICATION is submitted by
, as
(Name of Individual)
, of
(Firm Name of Bidder)
(Title/Position)
who hereby certifies that the information stated above is true and correct, that the bidder has a permanent place
of business in Palm Beach County, and that the attached Palm Beach County Occupational License is a true and
correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this
Certification is considered an unethical business practice and is grounds for sanctions against future County
business with the bidder.
(Signature)
(Date)
Page 16
DRUG-FREE WORKPLACE CERTIFICATION
BID #06-034/CB
IDENTICAL TIE BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to
vendors submitting with their bids/proposals the following certification that they have implemented a drug-free
workplace program which meets the requirements of Section 287.087; provided, however, that any preference given
pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County
Code, Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids are received from vendors who have
not submitted with their bids/proposals a completed Drug-Free Workplace Certification form, the award will be made
in accordance with Palm Beach County's purchasing procedures pertaining to tie bids.
This Drug-Free Workplace Certification form must be executed and returned with the attached bid/proposal, and
received on or before time of bid opening to be considered. The failure to execute and/or return this certification
shall not cause any bid/proposal to be deemed non-responsive.
Whenever two (2) or more bids/proposals which are equal with respect to price, quality, and service are received by
Palm Beach County for the procurement of commodities or contractual services, a bid/proposal received from a
business that certifies that it has implemented a drug-free workplace program shall be given preference in the award
process. In order to have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in number (1).
(4) In the statement specified in number (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section
287.087, Florida Statutes.
THIS CERTIFICATION is submitted by
the
(Individual's Name)
of
(Name of CompanyNendor)
(Title/Position with CompanyNendor)
Nho does hereby certify that said CompanyNendor has implemented a drug-free workplace program which meets
the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.
Signature
Date
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Page 18
SCHEDULE 2
LETTER OF INTENT TO PERFORM AS AN SBE OR MIWBE SUBCONTRACTdR
BID NO.
BID NAME:
TO:
(Name of Prime Bidder)
The undersigned is certified by Palm Beach County as a(n) - (check one or more, as applicable):
Small Business Enterprise _
Minority Business Enterprise _
Black
Hispanic _ Women _ Caucasian
Other (Please Specify)
Date of Palm Beach County Certification:
The undersigned is prepared to perform the following described work in connection with the above project
(Specifv in detail. particular work items or parts thereof to be performed):
Line
Item No.
Item Description
QtyfUnits
Unite Price
Total Price
at the following price $
(Subcontractor's quote)
and shall enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach
County.
If undersigned intends to sub-subcontract any portion of this subcontract to a non-certified SBE subcontractor, the amount of
any such subcontract must be stated: $
The undersigned subcontractor understands that the provision of this form to prime bidder does not prevent subcontractor
from providing quotations to other bidders
(Print name of SBE-MIWBE Subcontractor)
By:
(Signature)
(Print name/title of person executing on behalf
of SBE-MIWBE Subcontractor)
Date:
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Page 21
SCHEDULE 4
SBE-MIWBE PAYMENT CERTIFICATION
This is to certify that
received
SBE or M/WBE Subcontractor
(Monthly) or (Final) payment of $
on
from
for labor and/or materials used on BID NO.
(Prime Contractor)
BID NAME:
BID#:
PRIME CONTRACTOR:
SBE OR M/WBE SUBCONTRACTOR:
(Company Name)
BY:
BY:
(Signature of Subcontractor)
(Signature of Prime Contractor)
(Print Name & Title of Person Executing on behalf
of Contractor)
(Print Name & Title of Person Executing on behalf of
Subcontractor)
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this
day of
,20
by
Notary Public, State of Florida
Print, Type or Stamp Commissioned Name of Notary
Personally Known
Produced Identification
OR
Type of Identification Produced
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this
day of
,20
by:
Notary Public, State of Florida
Print, Type or Stamp Commissioned Name of Notary
::>ersonally Known
:>roduced Identification
OR
Type of Identification Produced
)UE: To be submitted with Pay Request, immediately following any payment to the SBE-M/WBE from the Prime Contractor.
INTER-OFFICE COMMUNICATION
Palm Beach County
DATE:
TO:
RE:
Vernetha Green
Water Utilities Department
Cindy Brewer, Senior Buyer
Purchasing Department
Anhydrous Ammonia, Grade 99.9%, Purchase and Delivery, Term Contract
Bid #06-034/CB
FROM:
A.
FOR PURCHASING USE ONLY
The purpose of this memorandum is to verify receipt and acceptance in the Purchasing Department of your procurement
referenced above and to obtain departmental approval.
This request has been:
Scheduled for Advertisement:
Pre-Bid I Site Inspection:
Scheduled for Bid Opening:
Should be Awarded by:
If the procurement process falls significantly behind this schedule, you will be notified; however, section "B" below must be
checked, signed, and dated, and returned to my attention not later than in order to maintain this
timeline.
B. FOR DEPARTMENTAL USE ONLY
D NO EXCEPTIONS TAKEN
D APPROVED WITH CHANGES AS NOTED
D MAKE CHANGES AND RETURN FOR REVIEW
SIGNATURE DATE
NOTE: PLEASE RETAIN COPY FOR DEPARTMENTAL FILE
Attachment
c: Bid File
BOARD OF COUNTY COMMISSIONERS
NOTICE OF SOLICITATION
BID #06-034/CB
ANHYDROUS AMMONIA, GRADE 99.9%,
PURCHASE AND DELIVERY, TERM CONTRACT
BID OPENING DATE: NOVEMBER 17, 2005, AT 2:00 P.M.
If your company would like to receive the above solicitation
package, please send your Company name, mailing address, phone
number and the bid number you are requesting, along with a check
or money order in the amount of $ 5.00. No cash is accepted.
This is a non-refundable service charge.
Make check or money order payable to: Palm Beach County Board of
County Commissioners.
Mail to:
Palm Beach County Purchasing Department
Attn: Copy/Mail Room
50 So. Military Tr., Suite 110
West Palm Beach, FL 33415
This project has an established 15% SBE goal.
Palm Beach County is exempt from Federal and State Taxes for
tangible personal property.
For additional business opportunities please visit the County web
site at www.pbcgov.com/pur (click on Request for Quotations and
Invitation for Bids/Proposals) .
VI.-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6,2006 (Noon)
0 January 3, 2006 December 19,2005 (Noon) r8J March 7, 2006 February 21, 2006 (Noon)
0 January 17. 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF r8J 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: A motion to approve a piggy-back with Broward County on Bid# H5 04 098 B; Asphalt
Restoration to Colonna Asphalt Restoration, Inc. of Pompano Beach, Florida in the amount of: $ 84,122.00
EXPLANATION: As a result of wastewater construction repairs, the Utility Department is requesting that we piggy-
back this bid for asphalt services for three (3) locations: Quantum Blvd. in the Parkside Townhome G:otnmUlliij,
Arezzo Circle in the San Savino Community, and Boynton Beach Blvd. near Master Lift Station #317. ~~~! -~~'
r-o., , c;,
cr)
,C..)
PROGRAM IMP ACT: This project is to replace asphalt where the Utility Department had wastewater cimstnn:liQn
repairs.
~. -..,..-
i')
";-\a;
,.~. f-q
:~) "'-;:>
"ih
FISCAL IMPACT:
Account#:
403-5000-590-96-04 SWR064
r,,)
~~
ASSIstant to he Fmance DIrector
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
C: Tony Lombardi - Utilities Admin.
File
From:
RECEIVED
FEB 1 ~ 2006
PROCU~~ SERVICES
Mary Mu nro ti..102J
Asst. To Finance Director
Kofi Boateng IJ 1 0 ~~-~ S--'
Utility Director ~. - .'
Memorandum
Utilities # 06-024 - REVISED
To:
Date:
February 13, 2006
Subject:
"Piggyback" Colona Asphalt Restoration, Inc.
contract with Broward County. Bid # H 5 04 098 B1
The Utility Department would like authorization to "piggyback" the Broward
County contract with Colona Asphalt Restoration, Inc. of Pompano Beach Florida
for asphalt and concrete services. There are (3) different locations, they are:
1. Quantum Blvd. in the Parkside Townhome community
2. Arezzo Circle in the San Savino community
3. Boynton Beach Blvd. near Master Lift Station #317.
As a result of wastewater construction repairs, the excavation restoration is the
last part of these (3) projects.
Attached are the (3) proposals based on line item pricing, a copy of the contract
listing line items, insurance and a letter extending prices to the City of Boynton
Beach. The San Savino repair cost is $9,242.00, the Quantum repair is
$45,530.00 and the Boynton Beach Blvd. repair is $29,350.00.
The total project cost for the (3) sites is $84,122.00. Funding is available in
account # 403-5000-590-96-04 SWR064.
Please present this at the next City Commission meeting for their approval. If you
have any questions I can be reached at ext. 6401 or Tony Lombardi at ext. 6421
Cc: Pete Mazzella
Tony Lombardi
Barb Conboy
Jim Hart
File
02/01/2005 08:38
%49735020
COLONNA CONSTRUCTION
PAGE 01 / 01
Colonna Asphalt Restoration, Inc,
2201 W. Sample Rd., Bldg. 9, Ste. 28
Pompana Beach, FL 33073-3082
P: (954) 973-6449 F: (954).973-6020
Confidential Proposal
Date: Jan ary 31,2008
Note: This estimate is good tor 30 Days
from date shown above. Pti es quoted
are onl for uantitles sholJl 1.
Quoted B: Den is Gardiner
Cellular Number: 95 -612-7643
Sandatwood Drive & Arezzo Circle
Attention: Anthon J. Lombardi
Phone: 561~742-6421
Fall;; 561~742-6299
[
P.o.#/
FPL#
-=-
~
Item Description Units Qty Unit Price ,
1. Grade & compact existihQ rock~91347-Line 13 Sy 93 $60.00 $
2. ASPhalt patch in 2 lifts $
2" S-IIJ-#91347-line 7 Sy 93 $16.00 $
2" S-llJ-#91347-Line 7 ./ Sy 93 $16.00 $
3. Prime Coat-#91347-Une~-11 l..I' .....-; h1lA.I SY 186 $1.00 $
4. M.O.T.-#91347-Line 60 , I 1 1 $500.00 $
$
$
ALL TOTALS WILL BE DETERMINED UPON COMPLETION OF $
JOB AND FINAL FIEI.D MEASUREMENTS ARE TAKEN. $
$
$
$
$
$
$
$
$
$
I $
$
$
-
mount
5,580.00
1,488.00
1,488.00
186.00
500.00
Note: Liens will be automatically filed on all projects
which are over 60 days past due from date of Invoice and the
Lien Fees will be added to total monies owed,
[TOtal Estimate:
1$
9,242.00 I
Accepted By:
Date Acoepted:
FRor", : BO'rNTON BERCH UTI LIT] ES FAX NO. : 561 742 6298 Feb. 13 20JE 01: 45FM P3
~2/13/2ee6 eS:S5 95497~Ce2e COLONNA CONSTRLCTION PAGE 01/01
Colonna Asphll RMtoration, Inc.
2201 W. $tmplt Rd., Bldg. 9. St.. 29
Pompana Beach, FL 33073.3082
P: (864) 873-6449 F: (954)-91U020
nton Beach
Park
, (RI!VISED)
I
~'~L:E ==__J
Item Descrlptlon ...-...",-... Un Its Qtv Un~_~rt.~._...
1. 2"$-III..Dr\llt491347-11ne 7 SY 627 1e.OO -s-.'.-
2. 1QIlllmerock ...ine 17 SY 627 $22.00 $
3. Prime ( 08l__ 'i7tl ...f..lne 11 Sy 627 ~.l:LQ9. $
4. CUrb 8. ~utttr.1347.Line 47 LF 255 $35.00 l" ...
5. Type "D" Ql '^~ o!li1:'Une 46 L.F ZM $30.00 $
e. Overlav walkw~ lV-i" $-11I ilSOhllt491347-Line 5 Sy 238 $14.00 $
17. M.o.T.-Blt.Ic':k 0 ff rofldWIIV bott1 directions :5
fi1347"Line 60 1 1 -"--'''''''''''''''''',.1";500:00 $
s
......,~' "...".,........,.,.1 ...,....li."'I.IMo.WllM.
....\....- $
ALL TOTALS WfLL ea D~I\MIN;I) Uf-t(lN COMPLETION OF ..........-../!..'Nl $
,lOB AIllO FINAL FIELD MEASUREMeNT! A~ TAKEN. $
$
.~- ._~- ~--- --- $
NOT!; ftlMOVAL AND tlAULING AWAY 1 S.' OF EXISTtl:i~. .........."...,......", .--...........-- ."
SueGRADE AND DISPOSAL OF 8UeoIUDf! !:ION. a... $
OWN!~. ......M.l.lld ...,.....-.-''".-..,-.... ~
$
$
~.......~ -....
..~.- ........-....- $
f--- $
$
-.....--.-. L
lo\..'<q _",,_,_,,_"'1041""
L 1l'
AmoUnt
"-".TCr032.00
13.79400
627.00
... ,...-...._-":.~
8,9~5.~f1
7,320.00
3,332.00
..
1.50000
-
.
--
..---.-.- --,,~....,.....,..~"..j......
-
-
..
M
. .....-.,.-...0
-
.
-
- .
..
----
.
.
..._,ol?i
.
..
JI: =!~~~..9[J
Iratll ~lmate:
Note: liell$ will be .utom~tlr;ally filed on all projects
which are ove, 80 days past due from date of Invoice and the
l.Ien F... will be added to tot.' monies owed.
AOcepted By:
Date Accepted :,
Date: Fe ruary 3, 2006
Note: This estimate is goo for 30 Days
from date shown above. P ces quoted
are on for uantities sho tn.
Quoted B: De nis Gardiner
Cellular Number: 9 4-612-7643
02/03/2005 09:24
9549735020
COLONNA CONSTRUCTION
Colonna Asphalt Restoration, Inc.
2201 W. Sample Rd., Bldg. 9, Ste. 28
Pompana Beach, FL 33073-3082
P: (954) 973-6449 F: (954)-973-6020
Confidential Proposal
(revised)
Attention: Anthon J. Lombardi
Phone: 561~742-6421
Fax; 561-742.-6299
~'~::E==
Item Description Units Qtv Unit Price
Concrete sidewalk~1347 -Line 42 38 $165.00 $
Type "F" curb & autter--#91347-Line 47 LF 65 $35.00 $
ASPHALT PATCH.BURGER KING ENtMNCE $
Grade & compact existing limerock-#91347-Line 13 8Y 10 $60.00 $
1 1/2" 8-111 asphalt-#91347-Line 6 SY 10 $15.00 $
Prime Coat-#91347~Lfne 11 Sy 10 $1.00 $
ASPHALT ROADWAY $
Mill 1" asohalt-#91347-Line 60 8Y 440 $10.25 $
1" 8-111 asphalt-#91347-Line 5 $Y 440 $14.00 $
5/S"asphalt-#91347-Line 5 SY 440 $14.00 $
Prime Coat-#9134 7 -Line 11 SY 440 $1.00 $
$
Thermo striping & signina..f#91347-Line 37 Min ChQ 1 $900.00 $
Paint stripina & siqnina-#91347~line 36 Min Chg 1 $375.00 $
M.O,T. $
Turn Lane on ConQress & 2 lanes on Bovnton Bch. $
Blvd.-#91347-Line 60 1 1 $1.500.00 $
$
DAY TIME WORK $
$
ALL TOTALS WILL BE DETERMINED UPON COMPLETION OF $
JOB AND FINAL FIELD MEASUREMENTS ARE TAKEN. $
[C
ITotal Estimate:
which are over 60 days past due from date of Invoice and the
Lien Fees will be added to total monies owed.
Accepted By:
Date Accepted:
PAGE 01/~1
Amount
6,270.00
2,275.00
-
600.00
150.00
10.00
-
4.510.00
6160.00
6,160.00
440.00
-
- 900.00
375.00
-
-
1 500.00
-
-
-
-
-
29,350.9QJ
Colonna Asphalt Restoration, Inc.
220 1 West Sample Road
Suite 2B Bldg 9
Pompano Beach, Florida 33073-3082
Phone: 954-973-6449 Fax: 954-973-6020
January 4, 2006
To: Anthony J. Lombardi
City of Boynton Beach
124 Woolbright Road
Boynton Beach, FL 33435
From: Dennis Gardiner
Re: Asphalt Restoration
Dear Mr. Lombardi;
I want to thank you for your time and allowing me to discuss the possibility of getting
together with you and having Colonna Asphalt Restoration, Inc. do asphalt restoration for
the city.
We will be happy to allow the city to "piggy-back" our current Annual Broward County
Contract for Asphalt Restoration and extend it the same pricing.
There are a few concessions that need to be agreed upon and understood however before
we can make this happen.
1. We will not be able to provide Emergency Mobilization Services for either
concrete or asphalt repairs.
2. The minimum charge for us to mobilize to Boynton Beach for any concrete work
will be $950.00 and for asphalt work $850.00.
3. Asphalt areas to be patched need to have clean road rock in place, however we
will add, rework and compact the road rock as needed before paving. This is the
current typical scenario for all patches that we do for Broward County and the
bases for our current price structure. We have been servicing this contract for
Broward County for over 9 years.
I would like to reiterate that our reason for requesting these few concessions is that we do
not have a crew just for Palm Beach County nor the work load to accommodate this area
at this time. Our goal is to provide the city with the consistent quality and professionalism
that we afford all of our current customers so you get exactly what you are expecting and
paying for. .
I will be sending you the information you and I discussed, i.e. insurances, licenses,
contracts and tab sheets.
Thank you in Advance,
Date:
Anthony J. Lombardi
"""-or'-
.-.
BR-;9WARD
,";.'" COUNTY
FLORIDA
Finance and Administrative Services Department
PURCHASING DIVISION
115 S. Andrews Avenue. Room 212. Fort Lauderdale. Florida 33301 .954-357-6065. FAX 954-357-8535
April 21,2005
Colonna Asphalt Restoration Inc.
2201 West Sample Road
Suite 2 B Building 9
Pompano Beach, FL 33073-3082
Attention: Jorge M. Toledo
Reference: Bid # H 5 04 098 B1 for Job Restoration! Asphalt! Sidewalk! Driveway & Concrete
Dear Mr. Toledo:
This is to confirm that the Board of County Commissioners at its meeting held on February 1, 2005 under
Agenda Item No.8 has accepted your Bid on the above-referenced solicitation.
A Bid tabulation of all Bids received is enclosed, with item(s) awarded to your firm enclosed as noted on
bid sheets.
The Contract is in effect for the period beginning April 20, 2005 and ending April 19, 2006. Purchase
Order(s) will be placed as and when required.
A copy of this Notice, with a copy of your Bid, including all terms and conditions, is being forwarded to the
Appropiate User(s).
Thank you for your interest in doing business with Broward County.
Sincerely,
GLENN R. CUMMINGS, Director
PUF~ing D~.. .
BY~ """\6ttr.{-
Ann Potter, PA II, CPPB
Construction Specialist
cc: Sally Pompey. Water & Wastewater Services
Using Agency
GRC:spg
Bra
IrjSept1cJS Eggelletion, Jr . Ben Graber. Sue Gunzburger ..
'~Sioners
Jr . Jim Scott. Diana Wasserman.Rubln . Lois We,:ter
From: :Janie: ,..'obs A~' I?,rov,;n (Qj Brown, Inc. FaxJD: Brown and Brown ~nc;u To: Ant~ony '_om~ard~
'J8.e: 1/1 r:;,'2C"~~
l' CJ)Jjf).,
OP ID TOl
COLON-'7
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFC
ONLY AND CONFERS NO RIGHTS UPON THE CERTIF
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EX
ALTER THE COVERAGE AFFORDED BY THE POLlCIE
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Brown & Brown, Inc.
5900 N. Andrews Ave. #300
P.O. Box 5727
Ft. Lauderdale FL 33310-5727
Phone: 954-776-2222 Fax; 954-776-4446
INSURED
i
,
I
I INSURERS AFFORDING COVERAGE
I~SURER f.
ZUIlCh A[r.~rlc<:m In$U~8nce Co
Colonna
Colonna
Inc.
2201 w.
Pompano
Construction COL Inc.
Asphalt Restora~ion,
Sample Rd~ Bldg 9, #2B
Beach FL ,.,3073
L~~~~ERB_ .
INSURER C
I~SIlRI'R I)
I"SuRER E
,:',ITI~r C~II CUClr & T,ldt., T[)~ (:..1*
Bridgefle~d Emplo'l:'ers In3. C::)'
COVERAGES
THE "OLlCES OF INSuRANCE L STED BELOW HAVE BEEN ISSUED TO ThE INSURED NAMED ABOVE FOR ThE POLICY "ERIOD IND,CATED NOTWI1HSTAND!NG
ANY R:dIJlREMENT 'TRM OR CO~DITi(}N Of ANY CONTRACT OR OTHER DOClIM:NT WITH RESPECT TO Wlllell TillS CERTlrlCATE MAY 8E ISSUED OR
MAY PHnAI~, THE 'NSURA~CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSI)NS AN) CONDITIONS OF SUCH
POLICieS AGGREGATE LIMITS SHOWN MAY HAVe BEEN REDUCED BY PAID CLAIMS
INSR ADD'
L TR INSR
TYPE OF INSURANCE
POLICY NUMBER
! PD<1~~lJ~'llIf~E ! Pgk~1y{~ftb~~W
A
GENERAL LIABILITY
! X COMMERCIAL GENERAL LIABILITY CP0591657400
CI AIMS MAnr i X OCCUR
EACH OCCURRENCE'
~1D'REJ\.TEl:-~'~-
10/05/06 PRE~ISES(EacccU'.'c.
10/05/05
Mro rxp iAny :)n8- ;)r'C,()ll',
X
PERSONAL;; ADV I~JlJRY
; GENERALAGGREGAE
I PRODUCTS. COMP/UP AGG
A
GENL AGGREGATE L1M!T APPLIES PER
~fgT LOC
AUTOMOBilE LIABILITY
X ANY AUTO BAP591657300
ALL OWNED AUTOS
SCHEDULED AUTOS
HRED AUTOS
10/05/05
COMBINED SINGL" LIMIT
1 0 / 05/ 0 6 :Ea acc,d.,'1I
BODI. Y INJURY
: ~ Per person.~
I---------.-.-.-~----
!
I BODleY INJURY
(Par accldenfl
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: Per aCCident]
Em Ben.
NON.OWNU! AU I OS
GARAGE LIABILITY
~,NY AUTO
AUTO ONLY. EA ACCIDENT
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AUTO ONLY
r A ACC
AGG
B
EXCESS/UMBRELLA LIABILITY
X OCCUR D CLAIMS MADE AUC937679802
; EACH OCCURRENCE
10/05/06 : AGGREGATE
10/05/05
c
DEDUCTI[JLE
X RETENTION $ 0
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
A'lY PROPRleTOR/PARTNE"IEXECUTlVE
OFFICER!~~EMBER EXCLUDED"
tf f~'S, de'Sc,io~ under
SPECIAL PROVISIONS below
OTHER
i
10/05/06 !
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06/22/05
06/22/06
! J!.ORY LIMITS I X ER
~'L EACH ACCIDENT
------._----
E L D SEASE - EA EMPLOYEE
c L LJIScASc .1'OlleY L1MII
83023664
A Equipment Floater
CP0591657400
10/05/05
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is named Additional Insured with respect to General
Liability as required by written contract.
*10 day notice of cancellation applies to Non-payment of premium.
CERTIFICATE HOLDER
CANCELLATION
33 A\~ D8gp' 2 af 2
'ATE IMM/DD'YYYYI
01/10/06
tMA TION
;ATE
,NDOR
BELOW.
NAIC#
16535
26247
10701
LIMIT~
l~~_LOJl 0_. .-
300,000
10,000
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2.-L0 0 9.1. 0_9_0___
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. -- ---~- ----- -~-
500000
-
$200,000
$395,000
City of Boynton Beach
Attn: Anthony J. Lombardi
124 Woolbright Road
Boynton Beach FL 33435
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED I FORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL -I ! 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FA URE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSUI R, ITS AGENTS OR
REPRESENTATIVES.
AUTHO~RES~. AT~
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CITY 80
ACORD 25 (2001108)
@ ACORD ( IRPORA TION 1988
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IMPORT ANT!
THIS IS YOUR CERTIFICATE OF COMPETENCY
PALM BEACH COUNTY, FLORIDA
P~LM BeACH. COUNTY CO,NTRACTORS
i. . . J;:SRTtFlCATS.OF:COMPE"'CV '. I
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-
1)
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,
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2) CERTIFICATE MUST BE SIGNED
. -l
3) FOI.DTHE CARD WHERE INDICATED
FOR EASE IN CARRYING
+
CITY OF DEERFIELD BEACH
OCCUPA TIONAL LICENSE
2005-2006
NEW
LICENSE NO.
06-15642
RENEWAL X
9/02/05
117.60
.00
.00
117.60
OWNER
CONTROL NO.
BUSINESS NAME
LOCATION
CLASSIFICATION
TOLEDO, JORGE MIGUEL
134500
COLONNA ASPHALT
1201 SW 34 AVE
ENGINEERING
DATE ISSUED
LICENSE FEE
DELINQUENT CHG.
TRANSFER FEE
TOTAL AMOUNT PAID
ASPHAL T RESTORA TION
LICENSE ISSUED FOR THE PERIOD
OCTOBER 1 2 005 SEPTEMBER 30 2 006
COLONNA ASPHALT RESTORATION
2201 W SAMPLE RD BLDG 9 STE
COCONUT CREEK FL 33073
LICENSE MUST BE CONSPICUOUSLY
DISPLAYED TO PUBLIC VIEW AT
BUSINESS LOCATION
TRANSFER FEE 11 . 7 6
Notice: This license becolMs NUlL and VOID if ownership, business name, or address is changed. Licensee nuut apply to License Department for Transfer.
..........~..__.........._......_................._......_._~-_..........................., ......._.._.......__._..._.......~...._............-_...........-................... ,..- .
CITY OF DEERFIELD BEACH
LICENSE INFORMATION
DATE ISSUED
9/02/05
LICENSE ISSUED FOR THE PERIOD
OCTOBER 1 2005 SEPTEMBER 30 20 06
· This occupational license represents proof of payment of your occupational license fee
for the period October 1 to September 30. Continuous licensure can be an important
asset for certain business users; please exercise diligence in maintaining this license.
. Once you have obtained a Deerfield Beach occupational license, you will be sent a
renewal notice each year 30 to 60 days before expiration to the address indicated on
the face of the license. Please check all license information and if there is an error
~::~ ~i~i~n~~b'~ .~.Q~ty:~:t:.~P9~;.~.,an4:pena1ti~~!or .fail1Jl:e to
· Your current license shall be posted so that it is able to be viewed by anyone upon
entering your place of business.
· If you change your business name, ownership or location, you must make a new
application for the change and pay a transfer fee.
· If you have more than one location, you must obtain a license for each location.
· Each business that you operate requires a separate license. Please check with us if you
have ~y questions regarding the classification of your business by visiting us at 150
N.E. 2 Avenue, or calling us at 480-4333.
This license does not represent an endorsement or certification of the business listed herein by the
City of DeerJield Beach
. i::.':""~'
.~~.)iU~
~:\Dr.:,
Board of County Commissioners, Broward County Florida
BROWARD COUNTY OCCUPATIONAL LICENSE TAX
FOR PERIOD OCTOBER 1,2005 THRU SEPTEMBER 30, 2006
FORM NO.
401-280/AC 25-061
c1 RENEWAL
o NEW
'l./..<H
PENALTIES IF PAID
OCT. -10% I NOV. -15%
. DEC. - 20% 1. After DEC. 31 .25%
. Plus Tax Collaction Fae of up to $25,00
. Based on Cost of License if Paid
On or After November 30.
:L .;1 / ;i, ~'9'
TAX
BACK TAX
PENALTY
T,C. FEE
TRANSFER
o TRANSFER
SEe #
o:a,' 1>'7~';';'S
DATE BUSINESS OPENED
STATE OR COUNTY CERT/REG #
Busin.ss Location Add..ss,
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ACCOUNT NUMBER
TOTAL
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1."'';'..000 :3b9-:t
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BIOXARD L-
....... COUNTY ~'i.~":;
---------.-
'.!:!It
THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED
TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE,
TYPE OF LICENSE TAX PAID
:l r.. l'1A.jl.)R AO(.u::'$
:L~> IJN I: T'~j.
BROWARD COUNTY REVENUE COLLECTOR
115 S. Andrews Avenue, Governmental Center Annex
FORT LAUDERDALE, FL 33301
www.broward.org/revenue
2005 · 2006
PAYMENT RECEIVED AS VALIDATED ABOVE
.SEE INSTRUCnONS ON BACK OF LAST COPY
f.~:-\'l:Ct
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.!
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January 17,2006
November 14,2005 (Noon,)
D February 7, 2006
D
[8J
D
January 17,2006 (Noon)
December 5, 2005 (Noon)
February 21,2006
Pen ~ z....c"
l\48t wI. 1~006
February 6, 2006 (Noon)
December 19,2005 (Noon)
January 3, 2006 (Noon)
March 21, 2006
February 21, 2006 (Noon) ,-
-,.,
("I
..i
March 6, 2006 (Noon)
\_:':::'l
. ~.)
.,-~~
NATURE OF
AGENDA ITEM
D Administrative
[8J Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
'~'~~,,,
'_'1
;:~~
RECOMMENDA TION:
Approve Task Order No. U04-14-02 for Mathews Consulting, Inc., for the purposes of developing the Supplemental
Phase 1 Reclaimed Water System Plan.
EXPLANATION:
In December 2003, Mathews Consulting, Inc. presented the City with a Draft Reclaimed Water Master Plan that
explored the maximum potential for reclaimed water usage within the service area. This proposed task order will
authorize further study and definition of the initial phase of this reclaimed water system expansion, to include the
following activities:
1. Providing an overview of reclaimed water usage among other municipalities
2. Providing analysis of the proposed pipeline corridor
3. Perform hydraulic modeling to assure adequate pipe sizing
4. Provide a recommended plan with a cost evaluation
5. Preparing and submitting an Alternative Water Supply grant application for grant funding from the South
Florida Water Management District.
These items are explained in greater detail within the task order document. If the results of the plan are acceptable,
the City will then proceed with design and construction of the proposed pipeline. The design and construction efforts,
however, are not included in this task.
As with all large users of water in south Florida, the City is being strongly encouraged to develop alternative sources
of water supply in order to meet future needs. The area selected for Phase 1 is in the coastal portion of the city, and
will, in several areas, allow for reclaimed water to replace the current practice of using potable water for irrigation,
thereby providing an immediate reduction in demand on the potable water system by eliminating irrigation usage.
PROGRAM IMPACT:
The proposed phase 1 plan will greatly expand the number of potential reclaimed water customers for the City, with a
potential reclaimed water usage totaling 681,000 gallons per day.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
The cost of this task order is $42,490, to be funded from the Utilities capital reserves. (Account no. 403-5000-590-96-05
project no. REG027)
ALTERNATIVES:
Take no action at this time, and continue to rely upon potable water and ground water to supply the customers along
the proposed route. Taking no action at this time, however, may be detrimental towards the securing of additional
water~~:"w~:~~., Management o;str;ct. ~
Department Head's Signature City anager's Signature
Department Name
City Attorney I Finance I Human Resources
XC: (~Aeter Mazzella (wi 1 copy of task order and attachments)
~ Barbara Conboy "
Finance Dept.
File
"
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
TASK ORDER NO. U04-14-02 - SUPPLEMENTAL PHASE I RECLAIMED WATER SYSTEM PLAN
Task Order No. U04.14.02
Supplemental Phase 1 Reclaimed Water System
Plan
A. Background
In December 2003, Mathews Consulting completed the City of Boynton Beach Reclaimed
Water Master Plan. The purpose of the Master Plan was to serve as a planning document for
which reclaimed water can be implemented in phases as capital improvements are budgeted
and scheduled throughout the City. The Master Plan would also provide a planning tool for
use by the SCRWTDB for timely planning of expansion of the tertiary treatment facilities.
The City wishes to define and move forward with "Phase I" of the reclaimed water program.
The City has requested that Mathews Consulting prepare a "Supplemental Phase I Reclaimed
Water System Plan" identifying the pipeline sizing and routing to serve the Phase I area. The
Phase I pipeline alignment is generally described as follows: from the SCRWWTP, north
along Congress Avenue, east along Golf Road, across 1-95 to Seacrest Blvd., north along
Seacrest Blvd. to Woolbright Road, east on Woolbright Road to US 1 and north along US 1
to Boynton Beach Blvd (refer to attached location maps).
The potential Phase I reclaimed water users and associated demands are as follows:
. Congress Avenue Park (41,000 gpd)
. Crosspointe Elementary School (107,000 gpd)
. Highpoint Residential (182,000 gpd)
. Little League Park (49,000 gpd)
. Boynton Beach Cemetery (70,000 gpd)
. Forest Park Elementary (47,000 gpd)
. Boynton Beach WTP (4,000 gpd)
. Seagate (12,000 gpd)
. Snug Harbor (34,000 gpd)
. Sterling Village (77,000 gpd)
. Pence Park (15,000 gpd)
. Boynton Beach Civic Center (43,000 gpd)
Once the Phase I Reclaimed Water System Plan has been developed and approved by the
City, a separate service authorization will be issued for final design, permitting, bidding and
construction of the Phase I system.
1/25/2006
1
~ MATHEWS
CO~~~~..:~:
TASK ORDER NO. U04-14-02 - SUPPLEMENTAL PHASE I RECLAIMED WATER SYSTEM PLAN
B. Scope of Services
The Engineering Services of Mathews Consulting, Inc. (MC) shall include the following
tasks:
· Task 1 - Reclaimed Water Overview
· Task 2 - Corridor Analysis for Pipeline Alignment
· Task 3 - Hydraulic Modeling of Phase I Reclaimed Water System
· Task 4 - Phase I Plan Recommendation and Cost Evaluation
· Task 5 - A WS Grant Application
Task 1. Reclaimed Water Overview
1. MC shall provide an overview of other reclaimed water programs within Palm Beach
County. A survey shall be conducted of Municipalities implementing reclaimed water
programs to determine what ordinances have been developed, reclaimed water rates,
connections required (mandatory vs. non-mandatory), cost sharing options (City vs.
Customer share), and other program specifics. A minimum of five (5) municipalities will
be contacted (City of Boca Raton, Palm Beach County, South Central Regional WWTF,
Loxahatchee River District and Seacoast Utility Authority). The information will be
gathered through telephone interviews and faxed survey form. The information will be
summarized in report format to assist the City with identifying and evaluating the specific
program features that they would want to implement for their program.
Task 2. Corridor Analysis for Pipeline Alignment
1. MC shall identify potential reclaimed water main routing from the SCRWWTP's existing
reclaimed water main to the Phase I reclaimed water users (approx. 18,000 1.f.). This task
shall include a corridor analysis of routing alternatives with verification of utilities based
on review of available water, sewer and drainage atlas maps and review of visible above-
ground features. The corridor analysis shall evaluate and list all City, County, FDOT and
LWDD right of ways (ROWs) needed for pipe routing. This task will evaluate space and
alignment feasibility only within the ROWs, and shall not include negotiation with the
agencies for actual use of the ROW.
Task 3. Hydraulic Modeling of Phase I Reclaimed Water System
1. For each of the Phase I reclaimed water users, MC shall confirm reclaimed water usage,
area of application, storage availability, delivery schedule, and delivery characteristics
(flow, pressure, etc.). This task will assume the facilities will be served directly from the
SCRWWTP's reclaimed water distribution system.
2. MC shall perform hydraulic modeling of routing alternatives using Haestad WaterCad@
computer modeling program. Modeling shall be run to confirm pipe sizing and delivery
pressure requirements throughout the reclaimed water system based on the delivery
schedule identified under Task 2.1.
1/25/2006
2
~ MATHEWS
CO~~!-!!I~St::
TASK ORDER NO. U04-14-02 - SUPPLEMENTAL PHASE I RECLAIMED WATER SYSTEM PLAN
Task 4. Phase I Plan Recommendation and Cost Evaluation
1. MC shall develop a recommended Phase I Reclaimed Water plan based on the
information gathered in Tasks 1 and 2.
2. MC shall develop an opinion of construction cost for each component of the Phase I
reclaimed water plan. The construction cost estimate will focus on the costs of installing
the system as recommended in the plan to the Phase I reclaimed water users, which are
primarily "large users". MC shall also develop an "average" or "estimated" cost per
customer to extend new service lines and connections to individual homes (single family
residences) once the reclaimed water trunk lines are available to certain neighborhood
areas. The single family cost estimate will focus on those neighborhoods within the
Phase I area.
3. MC shall prepare the report titled "City of Boynton Beach Supplemental Phase I
Reclaimed Water System Plan" presenting the results and recommendations of the above
work for submission to the City. Four (4) copies of the report shall be submitted in draft
form for review by the City. MC shall attend one (1) review meeting with City staff to
review results of the draft report.
4. MC shall submit five (5) copies of the final "Supplemental Phase I Reclaimed Water
System Plan" which shall incorporate City's comments.
Task 5.
A WS Grant Application
1. This task consists of preparation and submittal of the South Florida Water Management
District Alternative Water Supply Funding Program 2007 grant application on behalf of
the City of Boynton Beach. The application will be made in order to receive funding
for the City's Phase I reclaimed water program.
2. Consultant shall prepare the funding application in accordance with the SFWMD
requirements. It is anticipated the application will consist of the following components:
a. Transmittal Letter - Consultant will draft letter for City to finalize on City
letterhead.
b. Application Form
c. Detailed Project Description and Scope of Work - Consultant shall
prepare project description and figures as required to present a detailed
scope of work. The Project Description will include introduction, scope,
work breakdown structure, location of project and deliverable schedule as
required by SFWMD.
d. Funding Proposal
1/25/2006
3
~ MATHEWS
CO~~!-!!:~ni::
TASK ORDER NO. U04-14-02 - SUPPLEMENTAL PHASE I RECLAIMED WATER SYSTEM PLAN
e. Criteria Checklist
f. Readiness and Cost Estimate
g. Permit Applications
3. Consultant shall provide one (1) draft copy of the application to the City for review and
comment. City comments will be incorporated into the final application. Up to 12
copies of the application shall be prepared for submittal to SFWMD. The application
must be submitted by April 1, 2006 in order to be eligible for grant funding, and the
project must be constructed by August 1,2007.
C. Assumptions
In addition to, the work items discussed above, the following assumptions were made in
establishing the scope of this Task Order and associated fee. Changes and/ or modifications
in the above work items or these assumptions are considered an Additional Services Item
under the terms of the contract. Assumptions include:
I. Services do not include review and/or evaluation of:
· City's agreement with SCRWWTDB Board and legal implications thereof.
· System operation and maintenance costs.
· Reclaimed water rate/fee structure.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated November 18. 2003 between
the City of Boynton Beach and Mathews Consulting, Inc.
E. Additional Services
The following are examples of some specific Additional Services Items that may be required,
but are not included within this Amendment. Generally, a condition contrary to the work
description in Section B or assumptions of Section C (upon which the design fee is based) is
considered an Additional Services Item. Examples include:
1. Design, permitting, bidding and construction services for the Phase I Reclaimed Water
System improvements.
These and other services can be provided, if desired by the CITY, under separate Task
Order(s) or by an amendment to this Task Order. Services performed will be on an as-
directed basis in accordance with a written Notice to Proceed from the CITY.
1/25/2006
4
~ ~~~~!;gn.:~:
TASK ORDER NO. U04-14-02 - SUPPLEMENTAL PHASE I RECLAIMED WATER SYSTEM PLAN
F. Obligations of the CITY
1. The CITY shall provide the CONSULTANT in a timely manner, record data and
information related to the sewer system, water distribution system, stormwater system
and streets within the project as necessary for the performance of services specified
herein.
2. The CITY shall review all drawings and other documents presented by CONSULT ANT;
obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate
for such review and render decisions pertaining thereto within reasonable time so as not
to delay the services of CONSULTANT.
G. Compensation
Compensation by the CITY to the CONSULTANT for all tasks will be on a lump sum basis
in accordance with the above mentioned Agreement. The estimated compensation for the
services described in this Task Order is $32,130.00 as shown in Table 1 below and detailed
in Attachment 3.
TABLE 1: LABOR AND EXPENSE SUMMARY
Labor Labor Expenses Total Cost
Hours Cost
Task 1 - Reclaimed Water Overview 44 $5,280 $0 $5,280
Task 2 - Corridor Analysis 128 $13,780 $200 $13,980
Task 3 - Hydraulic Modeling 40 $4,400 $0 $4,400
Task 4 - Plan and Cost Evaluation 124 $13,480 $100 $13,580
Task 5 - A WS Grant Application 42 $4,950 $300 $5,250
Totals 378 $41,890 $600 $42,490
H. Schedule
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Engineering Services Time per Phase Cumulative Time
Task 1 - Reclaimed Water Overview 4 weeks 4 weeks
Task 2 - Corridor Analysis 6 weeks 10 weeks
Task 3 - Hydraulic Modeling 4 weeks 14 weeks
Task 4 - Plan and Cost Evaluation 2 weeks 16 weeks
Task 5 - A WS Grant Application 4 weeks 20 weeks
1/25/2006
5
~ MATHEWS
CO~~!-!!:!!!:!gn&=~
TASK ORDER NO. U04-14-02 - SUPPLEMENTAL PHASE I RECLAIMED WATER SYSTEM PLAN
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner
City Manager
Dated this
day of
,2006.
SUBMITTED BY:
By:
Rene L. Mathe s P .E.
President
Dated this ~day of h ,2006.
1/25/2006
6
~ MATHEWS
CO~~!-!!:!!!:!gni:~~
II
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF
5 TASK ORDER NO. U-04-14-02 IN THE AMOUNT OF
6 42,490.00 TO MATHEWS CONSULTING, INC., FOR
7 THE PURPOSE OF DEVELOPING THE
8 SUPPLEMENTAL PHASE 1 RECLAIMED WATER
9 SYSTEM PLAN; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, Mathews Consulting, Inc., presented the City with a draft Reclaimed
14 Water Master Plan that explored the maximum potential for reclaimed water usage within
15 the service area; and
16 WHEREAS, the proposed task order will authorize further study and definition of
17 the initial phase of this reclaimed water system expansion; and
18 WHEREAS, the City Commission of the City of Boynton Beach upon
19 recommendation of staff, deems it to be in the best interest of the citizens of the City of
20 Boynton Beach to authorize execution of Task Order U04-14-02 in the amount of 42,490.00
21 to Mathews Consulting, Inc.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby authorize and direct the approval and execution of Task Order U04-14-02 in the
29 amount of $42,490.00 to Mathews Consulting, Inc., for the purposes of developing the
S:ICAIRESOlAgreementslTask - Change OrderslMalhews - Task Order U04-14-02.doc
11
Supplemental Phase 1 Reclaimed Water System Plan.
2
Section 3.
This Resolution shall become effective immediately upon passage.
3
PASSED AND ADOPTED this _ day of February, 2006.
4
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21
22 ATTEST:
23
24
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26 City Clerk
27
28 (corporate seal)
29
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:ICAIRESOlAgreemenlslTask - Change OrderslMalhews - Task Order U04-14-02.doc
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Commission
Commission Meetinq Dates Turned in to Citv Clerk's Office Meetinq Dates
D December 6, 2005 November 14, 2005 (Noon.) D February 7, 2006
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006
D January 3, 2006 December 19, 2005 (Noon) [8J February 28, 2006
D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006
Date Final Form Must be
Turned in to City Clerk's Office
" :'j--4
January 17, 2006 (Noon) ,-(
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February 6, 2006 (JUmn) ~.,
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February 21, 2006 (Noon)
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March 6, 2006 (NoonE:
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D Administrative D Development Plans
NATURE OF [8J 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: Staff recommends Commission approval of Resolution R06-_ authorizing the
purchase of property owned by Mary Reed, located at 147 N.W. 10th Avenue for the price of $200,000.00.
EXPLANATION: The acquisition of this property is essential to the implementation of the Heart of Boynton
project.
PROGRAM IMPACT: The continuance of Heart of Boynton property acquisition.
FISCAL IMPACT: Purchasing this particular vacant property at this time is very cost effective as it does not
trigger any Uniform Relocation Rules. Funding is available through the Community Development Block Grant
program FY 2003/2004.
ALTERNATIVES: Purchase at a later date could prove to be more costly due to rising property values and
~OSSible relocation ~
Departm t Hea s Signat
Department of Development
Community Improvement Division
Department Name
S:\Community Improvement\Agenda Requests\2006\CC2-28 ReedPurchase.doc
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DEPARTMENT OF DEVELOPMENT
Community Improvement Division
Memorandum
CID 06-005
TO:
FROM:
DATE:
RE:
Jim Cherof, City Attorney 9iV
Octavia S. Sherrod, Community Improvement Manager,,-
January 20, 2006
HOB Property Acquisition / Mary Reed
Mrs. Reed owns property which is located within the residential phase of the Heart of Boynton, and
has an appraised value of $175,000 (see attachment). Per Quintus Greene, Director of Development,
the City wUl agree to Mrs. Reed's asking price of $200,000. Please prepare a contract for sale and
order a title search as required, as this is a direct sale; there is no realtor involved. The Community
Improvement Division will incur all fees associated with this transaction.
An environmental review was completed on an earlier date which includes this parcel, and no
adverse conditions were revealed. A survey will be obtained by this division. Please indicate the
amount that needs to be remitted to you for escrow.
I appreciate your expediting this transaction, as there are many investors willing to compensate the
seller for well above the appraised value, in an effort to gain access to the HOB redevelopment.
Should you have further questions regarding this matter please do not hesitate to contact this office.
OSS:dar
Attachment
a~~",~,Oae:
IFile No. 05-7111 Paoe #21
SUMMARY OF SALIENT FEATURES
Subject Address 147 NW 10TH AVENUE
Legal Description FRANK WEBER ADD LOT 24 BLK 1 PB. 9 PG. 3
City BOYNTON BEACH
County PALM BEACH
State FL.
Zip Code 33435
Census Tract 61.00
Map Reference 307
Sale Price $ N/A
.
Date of Sale N/A
Borrower / Client N/A
Lender CITY OF BOYNTON BEACH
Size (Square Feet) 1,033
Price per Square Foot $
Location -AVERAGE
Age 41
- Condition -AVERAGE
Total Rooms 5
Bedrooms 2
Baths 2
Appraiser JEFFREYT. STARK, SRA
. Date of Appraised Value 12/13/2005
Final Eslimafe of Value $ 175,000
Form SSD - 'WinTOTAL' appraisal software by a la mode, inc. -1-800-ALAMODE
GOREN, CHEROF, DOODY & EZROL, P.A.
ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33308
SAMUEL S. GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROL
MICHAEL D. CIRULLO, JR
TELEPHONE (954) 771-4500
FACSIMILE (954) 771-4923
JULIE F. KLAHR
DAVID N. TOLCES
RICHARD J. DEWITT. III
JAMILA ALEXANDER
JACOB J. HOROWITZ
STEVEN L. JOSIAS, OF COUNSEL
February 7,2006
Ms. Octavia Sherrod
Community Improvement Manager
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, Florida 33425
OO~@~3W~[Q)
FEB - 9 2006
COMMUNITY
IMPROVEMENT
Re: City of Boynton Beach Purchase from Reed / Agreement for Purchase and Sale
Property Address: 147 NW 1dh Avenue, Boynton Beach, Florida 33435
Dear Octavia:
In connection with the above referenced transaction, enclosed please find the
Agreement for Purchase and Sale of Real Property, as requested.
Please call me if you would like to discuss the terms of this contract. If you do not see
the need for any changes, please have three (3) copies of the original contract executed by
Seller, Purchaser and Escrow Agent, so that each party will have an original for its records.
When returning the signed contracts to our office, please do not forget to include a
check payable to our trust account in the amount of $100.00 representing the Buyer's deposit
to be held in escrow.
Should you have any questions, please do not hesitate to contact us.
CC: James Cherof, City Attorney
DJD/ab
H:\2006\060062\06-02-06 Letter to clnt enc agmt for purchase and sale.doc
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II
1
2 RESOLUTION NO. R06-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING THE ACQUISITION OF
6 PROPERTY FOR THE HEART OF BOYNTON
7 PROJECT FROM MARY REED AND AUTHORIZES
8 THE MAYOR TO EXECUTE ALL NECESSARY
9 DOCUMENTS AND PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to
13 be in the best interests of the citizens and residents of the City to accept the contract to acquire
14 property located at 147 N.W, 10th Avenue, Boynton Beach, owned by Mary Reed, for the
15 amount of $200,000.00, as part of the development of the Heart of Boynton.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Resolution upon adoption
20 hereof.
21
Section. 2,
The City Commission of the City of Boynton Beach, Florida does
22 hereby authorize the acquisition of property from Mary Reed in the amount of $200,000.00,
23 for the development of the Heart of Boynton Project and authorizes the Mayor to execute all
24 necessary documents,
25
Section 2.
This Resolution shall become effective immediately upon passage.
S:\CAIRESOlReal EstateIPurchase from Reed - HOB Project. doc
II
1
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PASSED AND ADOPTED this _ day of February, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
17
18
19
20
21
22 City Clerk
23
24 (Corporate Seal)
25
26
27
28
29
Commissioner
S:ICAIRESOlReaJ EstatelPurchase from Reed - HOB Projectdoc
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT ("Agreement") is made and entered into as of this _ day of February,
2006 by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter referred
to as "PURCHASER") and Mary Reed, a single woman (hereinafter referred to as "SELLER").
WITNESSETH
In consideration of the mutual agreements and upon and subject to the terms and conditions
herein contained, the parties hereto agree as follows:
1. DEFINITIONS.
The following terms when used in this Agreement for Purchase and Sale shall have the
following meanings:
1.1 Prooerty. That certain real property located at 147 NW 10th Avenue, Boynton
Beach, Florida 33435 together with a building thereon and attached personal property (collectively the
"Property) which Property is more particularly described with the legal description in Exhibit "A,"
attached hereto and made a part hereof.
1.2 Closing. The delivery of a General Warranty Deed to PURCHASER
concurrently with the delivery of the purchase price and other cash consideration to SELLER.
1.3 Closing Date. The Closing Date shall occur within forty-five (45) days from
the Effective Date.
1.4 Deed. A General Warranty Deed, in its statutory form, which shall convey
the Property from SELLER to PURCHASER.
1.5 Earnest Money. The swn of One Hundred and 00/100 ($100.00) Dollars has
been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein.
1.6 Effective Date. The Effective Date of this Agreement shall be the date upon its
execution by all parties to this Agreement: SELLER, PURCHASER and the Escrow Agent.
1.7 SELLER'S Address. Seller's mailing address is 147 NW 10th Avenue,
Boynton Beach, Florida 33435.
1.8 PURCHASER'S Address. Purchaser's mailing address is 100 E Boynton
Beach Boulevard, Boynton Beach, Florida 33425, with copy to Goren, Cherof, Doody & Ezrol, P.A.,
Attn: Donald 1. Doody, Esq., at 3099 East Commercial Boulevard, Suite 200, Florida 33308.
1.9 Other Definitions. The terms defined in any part of this Agreement shall have
Page 1
the defmed meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular
shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall
be deemed to comprehend either or both of the other genders. As used in this Agreement, the tenns
"herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or
subsection.
2. PURCHASE PRICE.
Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously
identified on Exhibit "A" for the total Purchase Price of Two Hundred Thousand ($200,000.00)
Dollars and upon and subject to the terms and conditions hereinafter set forth.
2.1 Earnest Monev. Concurrently with the execution of this Agreement,
PURCHASER shall deposit and cause to be placed in an interest bearing escrow account maintained by
Goren, Cherof, Doody & Ezrol, P,A. ("Escrow Agent") in the amount of One Hundred ($100.00)
Dollars ("Earnest Money").
Purchaser's obligation to close the transaction in accordance with provisions of this
Agreement is contingent upon the SELLER'S ability to deliver good and marketable title for the
Property in accordance herewith. Should the SELLER default hereunder, the PURCHASER shall be
entitled to an immediate refund of the entire sum of the Earnest Money held by the Escrow Agent. At
Closing, a copy of the closing statement signed by both parties hereto shall be conclusive evidence of
the SELLER'S right to receive the Earnest Money deposit.
2.2 Balance of Purchase Price. PURCHASER shall pay the balance of the
Purchase Price to SELLER at Closing pursuant to the tenns of this Agreement by wire transfer of
readily negotiable funds to an account identified in writing by SELLER.
3. INSPECTIONS.
PURCHASER shall have a thirty (30) days commencing on the Effective Date to perform
inspections of the property as the PURCHASER deems necessary ("Inspection Period"). During the
Inspection Period, PURCHASER shall, at its sole cost and expense, determine that utility services
including, water, waste water, electric, telephone and all other utilities are available in the proper size
and capacity to serve the existing facilities and installed to the property lines. At all times during the
Inspection Period, PURCHASER and its agents shall be provided with reasonable access during
Page 2
normal business hours to the Property for purposes of on-site inspection, upon reasonable prior Notice
to SELLER. The scope of the inspection contemplated herein shall be determined by the
PURCHASER as deemed appropriate lll1der the circumstances. In the event that any inspections and
any review of documents conducted by the PURCHASER relative to the Property during this
Inspection period prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be
entitled to terminate this Agreement prior to the end of the thirty (30) clay Inspection Period and
PURCHASER also agrees to indenmify and hold SELLER harmless from any losses, claims, costs, and
expenses, including reasonable attorney's fees, which may result from or be connected with any acts or
omissions of PURCHASER during inspections that are done pursuant hereto. PURCHASER will
provide written notice by mail or facsimile to SELLER and/or SELLER'S cOllllSel and receive an
immediate refund of all Earnest Money deposits plus interest paid hereto in the event the
PURCHASER determines that the Property is unsuitable during the Inspection Period or proceed to
Closing as set forth herein.
4. SELLER'S REPRESENTATIONS.
To induce PURCHASER to enter into this Agreement, SELLER makes the following
representations, all of which, to the best of her knowledge, in all material respects and except as
otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing
unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event,
PURCHASER shall be provided immediate notice as to the change to the following representations:
4.1 At all times from the Effective Date lll1til prior to Closing, SELLER shall
keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER
prior to the Closing, and SELLER shall indenmify, defend and hold PURCHASER hannless from and
against all expense and liability in connection therewith (including, without limitation, court costs and
reasonable attorney's fees).
4.2 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any
organization, person, individual or governmental agency which would affect (as to any threatened
litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of
the Property or any part thereof or which would otherwise relate to the Land,
4.3 SELLER has full power and authority to enter into this Agreement and to
Page 3
assume and perform her obligations hereooder in this Agreement. SELLER does not and will not
conflict with or result in the breach of any condition or provision, or constitute a default ooder, or result
in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of
the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture,
instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the
SELLER or which affects the SELLER; no action by any federal, state or mooicipal or other
governmental department, commission, board, bureau or instrumentality is necessary to make this
Agreement a valid instrument binding upon the SELLER in accordance with its terms.
4.4 SELLER represents that she will not, between the date of this Agreement and
the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably
withheld or delayed, except in the ordinary course of business, create by her consent any encumbrances
on the Property. For putposes of this provision the term "encumbrances" shall mean any liens, claims,
options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants,
conditions or restrictions, Additionally, SELLER represents that she will not, between the date of this
Agreement, and the Closing take any action to tenninate or materially, amend or alter any existing
leases presently in existence, without the prior consent of PURCHASER, which consent shall not be
unreasonably withheld or delayed.
4.5 SELLER represents that there are no parties other than SELLER III
possession of the Property or any portion of the Property as a lessee.
4.6 SELLER shall not list or offer the Property for sale or solicit or negotiate
offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to
maintain the Property in its present condition so as to ensure that it shall remain substantially in the
same condition from the conclusion of the thirty (30) day Inspection Period to the Closing Date,
5. EVIDENCE OF TITLE.
5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by
delivery of a General Warranty Deed, title to the subject Property. PURCHASER shall, within fifteen
(15) days of the commencement of the Inspection Period, secure a title insurance commitment issued
by a title insurance ooderwriter approved and selected by PURCHASER for the Property insuring
PURCHASER'S title to the Property subject only to those exceptions set forth in the commitment. The
costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be
Page 4
borne by the PURCHASER.
PURCHASER shall have fifteen (15) days from the date of recelvmg said
commitment to examine the title commitment. If PURCHASER objects to any exception to title as
shown in the title commitment, PURCHASER within ten (10) days of expiration of the Inspection
Period shall notify SELLER in writing specifying the specific exceptiones) to which it objects. Any
objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure,
shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment
within ten (10) days after PURCHASER has provided notice to SELLER. Within five (5) days after
the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice
in writing (a "cure notice") stating either (1) that the objection has been cured and in such case
enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure
such objection. If SELLER shall be lUlable or lUlwilling to cure all objections within the time period
set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written
notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured
objection, in which event all instruments and monies held by the Escrow Agent shall be immediately
returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the
transaction contemplated herein despite the lUlcured objection.
5.2. Survey and Legal Description. Within ten (10) days of the commencement of
the Inspection Period, PURCHASER at its own expense shall order: (i) a survey prepared by a
registered land surveyor or engineer licensed in the State of Florida showing the bolUldaries of the land,
and the location of any easements thereon and certifying the number of acres (to the nearest one
thousandth acre) of land contained in the Property, all buildings, improvements and encroachments;
and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and
SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of
conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed
and registered in the State of Florida and shall comply with the requirements of the survey map
established in connection with the issuance of an owner's title insurance policy on the Land. The
survey shall be certified to PURCHASER and the title insurance company issuing the title insurance.
6. PURCHASER'S REPRESENTATIONS.
PURCHASER hereby represents and warrants to the best of its knowledge that all of the
following are true and correct:
Page 5
(a) PURCHASER has full power and authority to enter into this Agreement and
to assume and perform all of its obligations hereunder.
(b) The execution and delivery of this Agreement and the performance by
PURCHASER of the obligations hereunder have been duly authorized by the
pertinent governmental authorities in compliance with Chapter 166 of the Florida
Statutes, the City of Boynton Beach Charter and Code of Ordinances, as may be
required, and no further action or approval is required in order to constitute this
Agreement as a binding obligation of the PURCHASER.
(c) The execution and delivery of this Agreement and the consummation of the
transaction contemplated hereunder on the part of the PURCHASER do not and will
not violate the corporate or organizational documents of PURCHASER and will not
conflict with or result in the breach of any condition or provision, or constitute a
default under, or result in the creation or imposition of any lien, charge or
encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement,
indenture, instrument or judgment to which the PURCHASER is a party.
(d) No action by any federal, state, municipal or other governmental department,
commission, board, bureau or instrumentality is necessary to make this Agreement a
valid instrument binding upon PURCHASER in accordance with its terms and
conditions.
All of the representations, warranties and covenants of PURCHASER contained in this
Agreement or in any other document, delivered to SELLER in connection with the transaction
contemplated herein shall be true and correct in all material respects and not in default at the time of
Closing, just as though they were made at such time.
7. CONDITIONS PRECEDENT TO CLOSING.
Each of the following events or occurrences ("Conditions Precedents") shall be a condition
precedent to PURCHASER'S obligation to close this transaction:
(a) That the PURCHASER has not timely notified SELLER that is not satisfied
with the Inspection Period investigation conducted on the Property during the
Inspection Period.
(b) SELLER has performed all covenant, agreements and obligations, and
complied with all conditions required by this Agreement to covey clear and
Page 6
marketable title of the Property to PURCHASER, prior to closing.
(c) Approval of this Agreement by the City Commissioner of the City of
Boynton Beach on or before , 2006.
8. RISK OF LOSS.
Risk of loss or damage from fIre, other casualty, or both, is assumed by SELLER ootil the deed
described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the event any portion
of the Property is destroyed, rendered unleaseable or dysfunctional by fIre or other casualty then the
following shall apply:
(a)
(b)
If the damage, as determined by the insurance adjuster, is not more than
$100,000.00: (i) PURCHASER shall complete settlement and all insurance
proceeds relating to the improvements damaged by such casualty loss shall be
paid to the PURCHASER, and (ii) SELLER shall assign to PURCHASER on
the date of Closing the full amooot of any proceeds payable ooder SELLER'S
fIre and extended coverage insurance policy applicable to said damage;
If the damage, as determined by the insurance adjuster, is more than One-
Hoodred Thousand ($100,000.00) DOLLARS, PURCHASER shall have the
option to (i) complete the settlement hereooder and collect all available
insurance proceeds relating to the improvements damaged by such casualty
loss, in which case SELLER shall pay to PURCHASER on the date of
Closing the full amount of any deductible under SELLER'S fire and extended
coverage insurance policy, or (ii) terminate this Agreement and receive a
refund of entire deposit and interest. SELLER warrants that it shall maintain
ootil the date of the Closing adequate "All Risk" property insurance; and:
In the event the Property, or any portion thereof, is condemned by any
governmental authority ooder its power of eminent domain or becomes the
subject of a notice of condemnation, prior to Closing, PURCHASER may
elect to terminate this Agreement, in which event the entire deposit and
interest shall be returned to PURCHASER and neither party shall have any
further claim against the other, or PURCHASER may elect to complete
settlement hereunder, in which event SELLER shall assign to PURCHASER
all of SELLER'S right, title and interest in and to any condemnation awards,
(c)
Page 7
whether pending or already paid applicable to the loss of the real property and
the improvements located thereon, and there shall be no adjustment to the
Purchase Price.
9. CLOSING DOCUMENTS.
At closing, SELLER shall deliver to PURCHASER a General Warranty Deed, Bill of Sale, if
applicable, No Lien/Gap Affidavit, Non-Foreign Certification in accordance with Section 1445 of the
Internal Revenue Code, 1099 Form and any other documents as listed as title requirements in Schedule
B-1 of the Title Commitment to assure the conveyance of good and marketable fee simple title of the
Property to the PURCHASER.
At closing, PURCHASER shall deliver to SELLER a certified copy of the resolutions, minutes
or agenda actions of the pertinent meeting of the City Commissioner showing that PURCHASER has
been authorized to enter into and execute this Agreement and consummate the transaction herein
contemplated.
10. CLOSING COSTS. TAXES AND PRORATIONS.
10.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section
196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of
closing into escrow with the Palm Beach County Revenue Collector. In the event that, following the
Closing, the actual amount of assessed real property tax on the Property for the current year is higher
than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts
paid or credited based on such estimate as if paid in November. This shall survive the Closing.
10.2 Seller's Closing Costs. SELLER shall pay for the following items prior to or at
the time of closing:
a) Cost of providing marketable title as provided herein, and
b) Documentary Stamps on the deed as provided under Chapter 201, Florida
Statutes.
10.3 Purchaser's Closinl! Costs. PURCHASER shall pay for the following items prior to or at the time of Closing:
a) Costs associated to appraisals, survey, environmental reports (phase I and
phase II);
b) Recording fees of the Warranty Deed, Mortgage, if any, and any other
Page 8
instrument as required to be recorded in the Public Records;
c) Owner's title insurance policy (normally a Seller's charge in Palm Beach
County).
11. CLOSING DATE AND PLACE.
The Closing will take place at the law offices of Goren, Cherof, Doody & Ezrol, P.A located at
3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308.
12. DEFAULT.
In the event of a default by SELLER, PURCHASER shall have the election of the following
remedies, which shall include the return of the earnest money, and accrued interest as liquidated
damages or equitable relief to enforce the terms and conditions of this Agreement either through a
decree for specific penormance or injunctive relief,
If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the
terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall
be immediately forfeited to SELLER as agreed upon liquidated damages and PURCHASER shall have
no other responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S sole
and entire remedy shall be restricted to retention of the deposit plus all accrued interest.
13. BROKER:
The parties each represent to the other that they have not dealt with any real estate broker,
real estate salesman or finder in conjunction with this transaction who is entitled to a fee or
brokerage commission in accordance with Florida law.
14. ENFORCEABILITY.
If any provision in this Agreement shall be held to be excessively broad, it shall be construed,
by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any
provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or
unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement.
15. NOTICE.
All written notices shall be deemed effective if sent to the following places:
Page 9
PURCHASER:
With Copy to:
SELLER:
With a Copy to:
ESCROW AGENT:
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attn: Octavia Sherrod
Community Improvement Manager
Donald 1. Doody, Esq.
GOREN, CHEROF, DOODY & EZROL, P,A.
3099 East Commercial Boulevard, #200
Fort Lauderdale, Florida 33308
Tel: (954) 771-4500
Fax: (954) 771-4923
Mary Reed
147 NW 10th Avenue
Boynton Beach, Florida 33435
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, #200
Fort Lauderdale, Florida 33308
16. GOVERNING LAW.
lbis Agreement shall be governed by the laws of the State of Florida, Venue shall be in the
Federal or State Courts in Pahn Beach COWlty, Florida.
18. ENTIRE AGREEMENT.
All prior understandings and agreements between SELLER and PURCHASER are merged in
this Agreement. lbis Agreement completely expresses their full agreement.
19. AMENDMENT.
No modification or amendment of this Agreement shall be of any force or effect unless in
writing and executed by both SELLER and PURCHASER.
20. SUCCESSORS.
Page 10
This Agreement shall apply to and bind the executors, administrators, successors and assigns
of SELLER and PURCHASER.
21. COUNTERPARTS:
This Agreement may be executed in two or more counterparts, each of which shall be taken to
be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile
copy hereof and any signatures hereon shall be considered for all purposes as originals.
22. LITIGATION COSTS:
In connection with any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover from the non-prevailing party all costs and expenses incurred, including its
reasonable attorney's fees at all trial and appellate levels and post judgment proceedings.
IN WIlNESS WHEREOF, the parties have executed this Agreement as of the dates indicated
above:
Witnesses:
PURCHASER:
City of Boynton Beach
By:
Title:
Signed on:
SELLER:
~~
Mary Reed
Signed on: -; -/1- 00
-
fl~
.
Page 11
ESCROW AGENT
Accepted and Agreed to:
GOREN, CHEROF, DOODY & EZROL, P.A.
By:
H:\2006\060062\06-02-01 Agreement for Purchase and Sale.doc
Page 12
Signed on :
EXHBIT "A"
LEGAL DESCRIPTION
(TO BE PROVIDED)
Page 13
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VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5,2005 (Noon) [8J February 28, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (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
D City Manager's Report
RECOMMENDATION: Resolution authorizing Interlocal agreement between City and CRA for land acquisition in the
Ocean One Project.
EXPLANATION: The CRA Board at their January 10,2006 authorized action requesting that the City work with the CRA
in certain land acquisition for redevelopment activities in the Federal Highway Corridor Community Redevelopment Plan
adopted by the City Commission as part of the CRA's Community Redevelopment Plan. The Plan was approved by the City
Commission as Ordinance 001-20 on May 15,2001. In addition, the City previously adopted Ordinance 98-33, establishing
this area of the community as a qualified redevelopment area pursuant to FSS 163.360. The agreement sets the stage for
cooperative work between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary
purchase (preferred mode) or by eminent domain.
PROGRAM IMPACT: The agreement is necessary to proceed with the Ocean One Project.
FISCAL IMP ACT: The costs associated with property research, appraisals, survey, legal, acquisition and relocation
assistance, as needed would be borne by the CRA.
AL TERNA TIVES: Do not authorize the Interlocal Agreement. Property purchased in the Ocean One Project area would be
voluntary. This may have an adverse impact on successful implementation ofth City Commission approved Redevelopment
Plan.
Department Head's Signature
City Manager
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
INTERLOCAL AGREEMENT
THIS IS AN INTERLOCAL AGREEMENT, made and entered into this _ day of
, 2006, by and between the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of
the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 639 East
Ocean Avenue, Suite 103, Boynton Beach, Florida 33435, and the CITY OF BOYNTON
BEACH, a Florida municipal corporation, with a business address of 1 00 E. Boynton Beach
Boulevard, P. O. Box 310, Boynton Beach, FL 33425-0310 (hereinafter "CITY").
WHEREAS, the CITY adopted a plan on May 15, 2001, known as the Federal Highway
Corridor Community Redevelopment Plan (the "Plan") to serve two purposes: (1) to update the
existing Community Redevelopment Plan consistent with Chapter 163, Part III, Florida Statutes, in
order to include the recently expanded boundaries of the Community Redevelopment Area proximate
to Federal Highway, north and south of the original CRA area; and (2) to provide recommendations
for projects and programs, including amendments to the adopted future land use plan and zoning
code, to be undertaken by the City to create a catalyst for desired development and redevelopment in
the corridor generally, and in the downtown core specifically"; and
WHEREAS, the City and the CRA find that the Plan is consistent with the mission and
powers of the City and the CRA to engage in redevelopment activities as described in the
Community Redevelopment Act of 1969, as amended; and
WHEREAS, the CRA plans to acquire certain properties within the Plan area, described more
fully within composite Exhibit "A" attached hereto and more specifically described as the "Ocean
One Properties" (the "Properties"); and
WHEREAS, as the result of the CITY having reserved the power of eminent domain to itself
when it formed the CRA, it may be necessary for the City to acquire the Properties through the
process of eminent domain; and
WHEREAS, good faith and diligent efforts will be made to acquire the Properties voluntarily
for redevelopment purposes; and
WHEREAS, if the CITY acquires the Properties through the process of eminent domain for
the CRA as described in Exhibit "A", then the CRA shall pay for all the costs for the property
acquisition including, but not limited to, all litigation expenses, attorneys' fees, expert witness fees
and just compensation paid to any property owner or other interested party; and
WHEREAS, the parties hereto desire to outline the responsibilities relating to the Plan.
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 CRA and the CITY agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
S:\CA\AGMTS\Interlocal\Ocean One [LA - Clean.doc
Page 1
2.0 Responsibilities of the CRA.
2.1 The CRA will use its best efforts to assist the CITY in acquiring the Properties should
such requests be made of the CRA.
2.2 Upon request of the CRA, the CITY may, in its sole and absolute discretion, elect to
file, maintain, prosecute, settle or otherwise dispose of any eminent domain action for the purpose of
acquiring the Properties within the Plan area identified in Exhibit "A".
2.3 Should the CITY acquire such Properties through the process of eminent domain for
the CRA as described in Exhibit "A", then the CRA shall pay for all of the CITY'S costs of said
properties' acquisition including, but not limited to, all litigation expenses, attorneys' fees, expert
witness fees and costs and just compensation paid to any property owner or other interested party.
3.0 Responsibilities of the CITY.
3.1 The CITY, upon the request of the CRA, and in its sole and absolute discretion, may
acquire, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action
for the purpose of acquiring the Properties identified in Exhibit
A".
3.2 The CITY may acquire all of the Properties described III Exhibit "A" either
voluntarily or through the process of eminent domain,
3.3 The CITY agrees that the Properties described in Exhibit "A" shall be transferred to
the CRA for purposes of redevelopment consistent with the Plan.
4.0 Term of Agreement. The term of this Agreement shall begin on the Effective Date
as defined herein and end when:
a, All of the property to be acquired has been acquired and transferred to the CRA; and
b. When the CITY or CRA cease to be the owner of the Property so titled to each entity.
5.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
6.0 Entire Agreement. This Agreement constitutes the entire understanding of the
parties and any previous agreements, whether written or oral, are hereby superseded by this
Agreement. This Agreement may be modified in accordance with paragraph 7.0 below,
7.0 Modification of Agreement. This Agreement may be modified upon mutual consent
of the parties only in writing, and executed with the same dignity herewith.
S:\CA\AGMTS\Interlocal\Ocean One ILA - Clean.doc
Page 2
8.0 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Florida, with venue lying in Palm Beach County, Florida.
10.0 Remedies. Any and all legal actions necessary to enforce this Agreement will be
conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power or remedy hereunder shall preclude any other or further exercise hereof.
11.0 Interpretation. This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by counsel for
one of the parties.
12.0. Effective Date. This Agreement shall become effective on the date last signed by
the parties.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH, FL
Witness
Mayor
Witness
ATTEST:
Approved as to Form:
City Clerk
City Attorney
S:\CA\AGMTS\Interlocal\Ocean One ILA - Clean.doc
Page 3
Signed, sealed and witnessed in the
Presence of:
CRA
Witness
Chair
Approved as to Form:
Witness
CRA Attorney
State ofPlorida )
)ss,
County of Palm Beach)
Personally appeared before me duly authorized to administer oaths , to me known to be the
person described herein and who executed the foregoing instrument and has acknowledged before me
and has executed the same.
Notary Public
My Commission Expires:
S:\CA\AGMTS\Interlocal\Ocean One ILA - Clean.doc
Page 4
EXHIBIT A
Ocean One Properties
Unit 101, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium thereof,
recorded in O.R.B. 3239, Page 714, and all exhibits and amendments thereof, Public Records of
Palm Beach County, Florida, together with an undivided interest in any appurtenant common
elements, as provided for in said Declaration of Condominium.
Unit 102, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium thereof,
recorded in O.R.B. 3239, Page 714, and all exhibits and amendments thereof, Public Records of
Palm Beach County, Florida, together with an undivided interest in any appurtenant common
elements, as provided for in said Declaration of Condominium.
Unit 104, FIRST FINANCIAL PLAZA, together with parking spaces 10 and 70, according to the
Declaration of Condominium thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and
amendments thereof, Public Records of Palm Beach County, Florida, together with an undivided
interest in any appurtenant common elements, as provided for in said Declaration of
Condominium.
Unit 209, FIRST FINANCIAL PLAZA, together with parking spaces 23 and 36, according to the
Declaration of Condominium thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and
amendments thereof, Public Records of Palm Beach County, Florida, together with an undivided
interest in any appurtenant common elements, as provided for in said Declaration of
Condominium.
S:\CA\AGMTS\Interlocal\Ocean One ILA - Clean.doc
Page 5
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.4
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) [8J February 28, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NA TURE OF D 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 Resolution authorizing acquisition of Commercial Condominium Units designated as
Parcels 101, 102, 104 and 209 within First Financial Plaza in the Ocean One Project with possible eminent domain, as needed
and confirmed by the City Commission.
EXPLANATION: The CRA Board at their January 10,2006, meeting requested that the City work with the CRA in
certain land acquisition for redevelopment activities in the Federal Highway Corridor Community Redevelopment Plan
adopted by the City Commission as part of the CRA's Community Redevelopment Plan. The Plan was approved by the City
Commission as Ordinance 001-20 on May 15,2001. In addition, the City previously adopted Ordinance 98-33, establishing
this area of the community as a qualified redevelopment area pursuant to FSS 163.360. The Resolutions set the stage for
cooperative work between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary
purchase (preferred mode) or by eminent domain. The City Commission retains the sole authority to authorize eminent
domain for property purchases.
PROGRAM IMPACT: The Resolution is necessary to proceed with the Ocean One Project.
FISCAL IMP ACT: The costs associated with property research, appraisals, survey, legal, acquisition and relocation
assistance, as needed would be borne by the CRA.
ALTERNATIVES:
Department Head's Signature
~
City Manager's Signature
City Manager
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
5 NECESSITY OF ACQUIRING THE COMMERCIAL
6 CONDOMINIUM UNITS DESIGNATED AS SUITES 101, 102, 104
7 AND 209 WITHIN THE FIRST FINANCIAL PLAZA FOR THE
8 PURPOSE OF ACQUIRING FEE SIMPLE, REQUIRED FOR THE
9 ELIMINATION OF BLIGHT AND SLUM AND FUTURE
10 CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S
11 ORIGINAL REDEVELOPMENT AREA WITHIN THE CITY OF
12 BOYNTON BEACH, FLORIDA; PROVIDING FOR AN EFFECTIVE
13 DATE.
14
15 WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has
16 formally requested and the City Engineer has recommended that the acquisition of certain
17 real property as a Fee Simple estate is necessary in order to eliminate blight and slum and
18 for the construction of future improvements to the Ocean One project area; and
19 WHEREAS, the funds are available for the acquisition of these needed parcels; and
20 WHEREAS, this Board finds and agrees that the acquisition of the real property
21 described in composite Exhibit "A" as a Fee Simple estate is for a public purpose, to wit:
22 Fee Simple estate essential for elimination of blight and slum and certain future
23 improvements to the City's original redevelopment area pursuant to the Federal Highway
24 Corridor Community Redevelopment Plan adopted by the City Commission as part of the
25 CRA's Community Redevelopment Plan; and
26 WHEREAS, in order to accomplish the acquisition of the needed property for a Fee
27 Simple estate, it is necessary for the City Engineer and the City Attorney to take legal action
28 and to employ real estate appraisers and other experts deemed necessary,
29
1
II
1 NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE
2 CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
4 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached
5 hereto are hereby incorporated herein.
6 SECTION 2. It is necessary, serves a municipal and public purpose, and is in the
7 best interest of the City of Boynton Beach to acquire the fee simple estates as set forth in the
8 attached Exhibit "A", to eliminate blight and slum and for the future improvements to the
9 City's original redevelopment area,
10 SECTION 3. That the properties described in composite Exhibit "A" attached
I
11 hereto as commercial condominium units designated as suites 101, 102, 104 and 209 and the
12 same are hereby ratified, confirmed and found to be necessary for acquiring the fee simple
13 estate to eliminate blight and slum and for the future improvements to the City's original
14 redevelopment area. The City of Boynton Beach shall acquire fee simple title to said parcels
15 by gift, purchase, or eminent domain as described in Chapter 166, Florida Statutes, and
16 Chapters 73 and 74, Florida Statutes. That acquisition of said parcels for this project are
17 necessary and serve a public purpose.
18 SECTION 4. The City Attorney shall first attempt to acquire the property through
19 negotiations at a price agreeable to both the sellers, if found and determined, and the City of
20 Boynton Beach; however, if such negotiations fail within a reasonable time from the
21 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized
22 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in
23 the exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the
2
"
1 parcels described in composite Exhibit "A", attached hereto, and is further authorized and
2 directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of
3 such authorization and in direction, the City Attorney or his assistant or designee, is
4 specifically authorized to sign and file a Declaration of Taking so that the City may avail
5 itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his
6 assistant is further authorized to accomplish the acquisition of said parcels by settlement and
7 compromise in those instances where same can be effected in accordance with the terms,
8 conditions and limitations established from time to time by the Boynton Beach City
9 Commission,
10 SECTION 5. This Resolution becomes effective immediately upon its passage and
11 adoption.
12
PASSED AND ADOPTED this _day of
,2006.
13
CITY OF BOYNTON BEACH, FLORIDA
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31 City Clerk
32
33 (Corporate Seal)
By:
MAYOR
Vice Mayor
Commissioner
Commissioner
Commissioner
3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR~.
VI. -CONSENT AGENDA
ITEM C.5
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) [8J March 7, 2006 February 21, 2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
)
D D ~''''-
Announcement Presentation
...." '""(
D City Manager's Report f'T'!
':::Y
1'0
RECOMMENDATION: Approval of the Traffic Enforcement Agreement between the City of Beyntoh::
Beach and The 300 Property Owners Association (The Meadows).'" ,~~
(:~)
EXPLANATION: The agreement facilitates the enforcement of traffic infractions within the :Mead~1
community and on those private roadways located therein, The agreement does not create a specifib1luty
to engage in traffic enforcement activities, .........
PROGRAM IMPACT: This agreement will not adversely affect departmental operations.
FISCAL IMPACT:
None.
AL TERNA TIVES:
epartment Head's Signature
atthew Immler, Chief of Police
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
II
1
2
3
4. RESOLUTION R06-
5
6
7 A RESOLUTION OF THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA,
9 AUTHORIZING AND DIRECTING THE MAYOR
10 AND CITY CLERK TO EXECUTE AN AGREEMENT
11 FOR TRAFFIC ENFORCEMENT BETWEEN THE
12 CITY OF BOYNTON BEACH, FLORIDA AND THE
13 300 PROPERTY OWNERS ASSOCIATION, INC.;
14 AND PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, The 300 Property Owners Association, Inc., (hereinafter referred to as
17 "Association") owns or controls certain private roads lying and being in the City of Boynton
18 Beach, Florida; and
19 WHEREAS, Association does not have the power to enact or enforce traffic laws
20 within the Association, nor can it hire others with police power to do so; and
21 WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, the Association hereby
22 grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those
23 certain private roads in said Association.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29
Section 2,
The City Commission of the City of Boynton Beach, Florida does
30 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic
31 Enforcement between the City of Boynton Beach, Florida and The 300 Property Owners
1
II
Association, Inc., a copy of which is attached hereto as Exhibit "A".
2
Section 3.
This Resolution will become effective immediately upon
3 passage.
4 PASSED AND ADOPTED this _ day of February, 2006.
5
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
21
22 Commissioner
23 ATTEST:
24
25 City Clerk
26
27 (Corporate Seal)
28
29
30
31
2
AGREEMENT
THIS AGREEMENT is entered into, this _ day of
between:
, 2006, by and
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of
Florida, with a business address of 100 East Boynton Beach,
Florida 33425, hereinafter referred to "CITY,"
and
THE 300 PROPERTY OWNERS ASSOCIATION, INC., a master
association of the homeowner association(s) of the development
known as The Meadows ("Development"), having a business
address of 125 Meadows Blvd., Boynton Beach, FL 33463,
hereinafter called "ASSOCIATION."
WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private
property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding
those of traffic control and enforcement; and
WHEREAS, ASSOCIATION specifically recognizes the above; and
WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction
for traffic regulation purposes over any private or limited access road or roads of specified
private segments of the ASSOCIATION, pursuant to 9316.006(b) Florida Statutes;
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants and
undertakings of the parties hereto, and other good and valuable considerations, the parties hereto
covenant and agree, each with the other as follows:
1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true
and correct and incorporated herein.
2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the
jurisdiction of CITY over any private or limited access road or roads within the property
indicated on the map attached hereto as Exhibit "A," for traffic control purposes.
3,0 The ASSOCIATION shall provide CITY with a Resolution of the
ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's
services hereunder and authorizing the ASSOCIATION to enter into this Agreement.
S:\CA \AGMTS\Traffic Enforcement\300 Property Owners Assn.doc
Page 1
4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for
traffic control purposes over any private or limited access road or roads within the property
within the Development listed on attached Exhibit "A."
4.1.The City of Boynton Beach Police Department agrees to provide a minimum
base level of traffic enforcement service on all those certain private roads in the Development
identified in Exhibit "A."
4.2.The level of service provided the CITY shall be determined solely by the
Boynton Beach Chief of Police and shall be based upon the availability of police personnel.
4.3.The Police Department shall choose the hours and days of operation, but
these choices shall be based upon information from ASSOCIATION and the observations of the
Boynton Beach Police Department and Public Works Department.
5.0 Signs and Markings. In order to permit CITY to perform pursuant to the terms
of this Agreement, and to ensure appropriate jurisdictional and enforcement authority:
5.1.All traffic control devices on and along the private or limited access roads
within the Development identified in Exhibit "A" must conform to the requirements contained
in the United States Department of Transportation Manual on Uniform Traffic Control Devices
for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination
as to whether signs or other traffic control devices meet the installation requirements and/or
conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The
CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory
traffic control within the ASSOCIATION.
5.2.In the event ASSOCIATION has installed traffic calming devices that do not
conform with existing CITY and MUTCD standards, on or along the private or limited access
roads within the Development identified in Exhibit "A," such as speed humps and/or speed
bumps, ASSOCIA TrON shall, at its sole expense, cause such devices to be removed within thirty
(30) days of execution of this Agreement if CITY so requests or a traffic engineering study
determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION
shall not install any traffic calming devices on or along its private or limited access roads during
the term of this Agreement without the express written consent of the City of Boynton Beach
Public Works Department.
5.3.ASSOCIATION shall purchase and install all signs, signage, posts, pavement
markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic
control purposes. Should CITY determine that traffic-calming measures are appropriate,
ASSOCIATION shall incur all costs of designing and installing such measures. ASSOCIATION
shall be responsible for maintenance of any traffic control devices and traffic calming measures
necessary or desirable for the enforcement of traffic laws,
6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general
liability policy for all actions arising out of or in any way connected to this Agreement under
minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk
S:\CA\AGMTS\Traffic Enforcement\300 Property Owners Assn.doc
Page 2
Manager upon execution of this Agreement.
7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's
private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure
access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding
of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any
delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to
the Public Works Department for purposes of conducting traffic engineering analyses.
8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of
execution, provided that either party may terminate this Agreement without penalty upon sixty
(60) days notice by notifying the opposite party in writing of its intention to do same.
9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the
authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce
all laws of the nation, state, county and city other than for traffic control purposes, and same is
done by Boynton Beach Police Department and other appropriate law enforcement agencies
pursuant to law, and not through this or any other Agreement.
10.0 Notices. All notices which shall or may be given pursuant to this Agreement
shall be in writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service;
or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery
through the U.S. mail or by overnight delivery service as just described, addressed as follows:
To CITY:
Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
with a copy to:
G. Matthew Immler, Chief of Police
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Telephone No, (561) 742-6100
Facsimile No. (561) 742-6185
To ASSOCIATION:
The 300 Property Owners Association, Inc.
Attn: Earl Brown, President
125 Meadows Boulevard
Boynton beach, FL 33436
Telephone No, (561) 750-0040
Facsimile No. (561) 750-0071
Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after
deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery.
Either party may from time to time designate any other address for this purpose by written notice
to the other party delivered in the manner set forth above,
S:\CA\AGMTS\Traffic Enforcement\300 Property Owners Assn.doc
Page 3
11.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
12.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of the parties only in writing, and executed with the same dignity herewith.
13,0 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply due to the joint contribution of both parties.
14.0 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Palm Beach County, Florida,
16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall
preclude the parties from modifying this Agreement during the term of such, or, upon completion
of the term, entering into another Agreement, to provide for additional or revised terms.
IN WITNESS WHEREOF, CITY and ASSOCIA nON have executed this Agreement
by their duly authorized officers, this _ day of , 2006.
CITY OF BOYNTON BEACH
BY:
ATTEST:
Jerry Taylor, MAYOR
BY:
CITY CLERK
APPROVED AS TO FORM:
BY:
OFFICE OF THE CITY ATTORNEY
S:\CA\AGMTS\Traffic Enforcement\300 Property Owners Assn.doc
Page 4
THE30~. ys:.~
6110N.wo.
<B; -~~ ~ " -_/-
Earl Brown, President
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared, Earl Brown, as President of THE 300 PROPERTY OWNERS
ASSOCIATION, INC., on behalf of and duly authorized to execute the same, and acknowledged
he executed the foregoing Agreement for the use and purposes mentioned in it, and who is
personally known to me or has produced as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on this J.1!day of ~uo...rt/, 2006.
, .
NOTARY PUBLIC
My Commission Expires:
"'~~.';YJ~'", Su~~ Daniels
[:~~.~*~ Com!'llss,lOn #DD]49600
:'~'. \:)';''''2 Expires, Oct 19,2006
'<7 0; fi.O~~'" Bonded Thru
'" "", Atlantic Bonding Co., Inc.
S:\CA \AGMTS\Traffic Enforcement\300 Property Owners Assn.doc
Page 5
EXHIBIT" A"
DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY
CONTAINING THE SUBJECT PRIVATE ROADS
S:\CA\AGMTS\Traffic Enforcement\300 Property Owners Assn.doc
Page 6
JOB
TH~ 300 HOMEOWNERS ASSOCIATION
J WG OF 1
DATE 11/05/91
AQUATIC SYSTEMS, INC.
POMPANg8~E~~~2 St. '#3
(305) 78' ELORIDA 33064
5-3374
SHEET NO.
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EXHIBIT "B"
ASSOCIATION'S AUTHORIZATION TO ENTER
INTO THIS AGREEMENT
S:ICA\AGMTSITraffic Enforcement\300 Property Owners Assn.doc
Page 7
THE 300 PROPERTY OWNERS ASSOCIATION, INC.
BOARD OF DIRECTORS MEETING
DECEMBER 6, 2005
MINUTES
The meeting was called to order at 7: 13 p.m,
Present were: Earl Brown, Terry Lonergan, William Warner
Representing management: Sue Daniels
Terry Lonergan read the minutes of 10/4/05. Earl Brown made a motion to accept the minutes, it was
seconded by William Warner.
The floor was open for discussion - 3 minutes per person
There was discussion on the status of the hurricane clean up. LMT billed $16,000 for the clean up.
There are a few stumps remaining. The City of Boynton picked up some of the debris and FEMA
picked up the rest.
The status of the pagoda in Baytree was discussed. The hurricane knocked it down and it is still in
negotiation with the attorneys.
It was mentioned that the flag pole at the entrance was knocked down during a car accident and a
claim will be filed through the drivers insurance company.
Questions were asked regarding the repaving of Meadows Blvd and starting the C.O.P. program again.
The floor was closed.
OFFICERS REPORTS
Earl mentioned that there is going to be a Special Assessment.
ACC COMMITTEE
Beverly Yocum, Chairperson, stated that the ACC has been very busy and reminded everyone that an
ACC request must be completed prior to repainting and re-roofing.
MANAGERS REPORT
Fritz Massie Fencing has been contracted to repair the fences at the South and North pavilions. We are
just waiting on a start date.
The Traffic Agreement has been received by the City of Boynton Beach so that the Police Dept. is
authorized to write citations in the community. Terry made a motion for Earl Brown to sign and accept
the agreement. William 2nd the motion.
UNFINISHED BUSINESS
None
NEW BUSINESS
The Board discussed the Special Assessment and agreed that it should be for $32,000 to cover the cost
of the debris cleanup of almost $16,000 from last year and this year's bill of $16,000. A notice will be
mailed to all owners advising them of the meeting to approve the Assessment.
William requested an itemized bill from LMT for the $16,000 bill.
The Board discussed the proposals for landscaping. The wording on the LMT proposal is incorrect and
should state that the cuts are to be every other week during the winter months and every week during
the summer months. Earl made a motion to accept LMT's proposal once the wording is corrected.
Terry 2nd the motion. All were in favor.
Earl made a motion to adjourn. William 2nd the motion. Meeting was adjourned at 8:15 p,m.
Minutes taken by Sue Daniels
/!\
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.6
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D December 6,2005 November 14, 2005 (Noon.) 0 February 7,2006
0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006
0 January 3, 2006 December 19, 2005 (Noon) ~ March 7, 2006
D January 17, 2006 January 3, 2006 (Noon) D March 21,2006
Date Final Form Must be Turned ill
to City Clerk's Office
January 17, 2006 (Noon)
Febroary 6, 2006 (Noon)
February 21,2006 (Noon)
March 6, 2006 (Noon)
I ~__--/
H.'j~(
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
D City Manager's Report
-,.,
P'l
CJ
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RECOMMENDATION: Approval of contract to pennit the Boynton Beach Community Redevelopment CRA to utilize the
City's benefit plans.
EXPLANATION: The Purpose ofthis Interlocal Agreement is to pennit the Boynton Beach Community Redevelopment
Agency (CRA) to utilize the Benefit Plans for coverages that are afforded to employees of the City through negotiated
agreements with Plan Providers, for the benefit of CRA employees. The parties mutually desire to formulate such
relationship in this Interlocal Agreement.
PROGRAM IMPACT: The intent of the parties is that all plan administration responsibilities, premiums, and any other
costs and expenses associated with the providing of coverage under the Benefit Plans to CRA employees shall be the
responsibility of the CRA. It is also the intent of this Agreement that any apportioned costs for stop-loss coverage and for
the City's assistance be incurred by and the responsibility of the CRA.
FISCAL IMPACT: Should City purchase stop-loss coverage from any Plan Provider, CRA agrees to pay its share of the
premium for such stop-loss coverage, apportioned based on the number of CRA employees and the additional pooling
charges assessed by Plan Provider(s), Unless otherwise directed in writing by the City, CRA shall pay the City directly for
this incremental cost in advance on an annual basis. The CRA shall pay the City pooling charges in accordance with
Exhibit "B", a copy of which is attached hereto and made a part of this Agreement.
On a monthly basis, in advance, the CRA shall pay the City an administrative charge equal to Ten ($10'()0) for each CRA
employee enrolled in any Plan of the City. This administrative charge shall cover a portion of the costs incurred to the City
in assisting the District and their employees with issues related to insurance and Plan coverages,
'"t:ATIVES: Do not approve the contract, forcing the Boynton Beach Community Redevelopment Agency to obtain
~vtOOVernge. ~
/1'" '~&c. ~
City ger's Signature
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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RESOLUTION NO. R06-
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY FOR TO
PERMIT THE BOYNTON BEACH CRA TO UTILIZE
THE CITY'S BENEFIT PLANS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Agreement permits the Boynton Beach Community
Redevelopment Agency (CRA) to utilize the Benefit Plans for coverages that are afforded to
17
employees of the City through negotiated agreements with Plan Providers for the benefit of
18
CRA employees; and
19
WHEREAS, the City Commission of the City of Boynton Beach, upon
20
recommendation of staff, deems it to be in the best interests of the residents and citizens of the
21
City of Boynton Beach to approve the Agreement between the City of Boynton Beach and
22
Boynton Beach Community Redevelopment Agency permitting the CRA to utilize the City's
23
benefit plans.
24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
Each Whereas clause set forth above IS true and correct and
27 incorporated herein by this reference.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby approve the Agreement between the City of Boynton Beach and the Boynton Beach
30 Community Redevelopment Agency permitting the Boynton Beach Community
S:\CA\RESO\AgreementslInterlocals\ILA with CRA (Benefit Plans).doc
11
1 Redevelopment Agency to utilize the City's benefit plans for employees, a copy of said
2 Agreement is attached hereto as Exhibit "A".
3
Section 3.
That this Resolution shall become effective immediately upon passage.
4
PASSED AND ADOPTED this _ day of February, 2006.
5
6
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22 ATTEST:
23
24
25 City Clerk
26
27
28 (Corporate Seal)
29
30
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Interlocals\ILA with CRA (Benefit Plans).doc
INTERLOCAL AGREEMENT
This is an Interlocal Agreement, made and entered into this 14th day of February. 2006.
by and between:
CITY OF BOYNTON BEACH, a municipal corporation of the
State of Florida, hereinafter referred to as "City,"
AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, a public agency created pursuant to Chapter 163, Part
III, Florida Statutes, hereinafter referred to as "the CRA" or
"CRA,"
WITNESSETH:
WHEREAS, this Agreement is entered into pursuant to SI63.01, Florida Statutes, also
known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the CRA is a public agency created pursuant to Ordinance No, 90-21 dated
August 7, 1990, as subsequently amended; and
WHEREAS, City is providing the CRA with the ability to utilize eXIstmg City
agreements with providers of health and other insurance, thereby allowing CRA employees to
participate in health and other insurance plans under the same coverage's and programs offered
to City employees; and
WHEREAS, City has entered into a health insurance plan with Blue Cross/Blue Shield of
Florida, MetLife dental, vision care, and life plans for the 2005/06 fiscal year (the "Plan"
individually or the "Plans" collectively); and
WHEREAS, CRA is desirous of participating in the City's Plans for the benefit of CRA's
employees; and
WHEREAS, City has no objection to CRA or its employees benefiting from the Plans
negotiated by City with private providers ("Plan Providers"); and
WHEREAS, the Plan Providers of coverage's under the Plan have agreed to furnish
services to the CRA for the benefit of CRA employees at the same rates, benefits, incremental
costs, and terms and conditions contracted for with City;
Page 1
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, City and CRA agree as follows:
ARTICLE 1 - PURPOSE
1.1 The Purpose of this Interlocal Agreement is to permit the CRA to utilize the Plans
for coverage's that are afforded to employees of the City through negotiated agreements with
Plan Providers, for the benefit of CRA employees, The parties mutually desire to formulate such
relationship in this Interlocal Agreement. The intent of the parties is that all plan administration
responsibilities, premiums, and any other costs and expenses associated with the providing of
coverage under the Plans to CRA employees shall be the responsibility of the CRA. It is also the
intent of this Agreement that any apportioned costs for stop-loss coverage and for the City's
assistance be incurred by and be the responsibility of the CRA.
ARTICLE 2 - SCOPE OF SERVICES
2.1. Subject to any separate agreement(s) being required by the Plan Provider(s) of the
City, CRA may offer enrollment to CRA employees in the Plans for the 2005/06 fiscal year
under the terms and conditions of this Agreement, and subject to renewal as provided in Article 3
below. Subject to any objection from a Plan Provider, it is the intent of the parties that the CRA
shall be subject to the Plans, coverage's, negotiations, and agreements between the City and the
respective Plan Providers. CRA understands that the individual Plan Providers may require CRA
to enter into a written agreement with the Plan Provider to, in essence, piggyback the City's
agreement with the Plan Provider. However, it is further recognized that, except as negotiated
between the CRA and any Plan Provider, any such agreement between the CRA and the Plan
Provider shall be under the same terms and conditions as the City's agreement with Plan
Provider. The City's current Plans and Plan Providers are set forth in Exhibit "A," a copy of
which is attached hereto and made a part of this Agreement. Based on the City's independent
negotiations for services and coverage with Plan Providers, Exhibit "A" to this Agreement may
be amended by the City on an annual basis without the necessity of CRA or City Commission
approval.
2.2. CRA shall administer the enrollment and cancellation of CRA employees in such
Plans, and shall remit to the Plan providers on a monthly basis in accordance with the City's
agreements with any Plan Provider, the CRA'S share of contribution required for such premiums
and coverage's resulting from CRA employees' enrollment in the Plan. The CRA shall be fully
responsible for collecting and remitting all required sums from its employees. CRA'S use of
Plan Provider agreements shall in no way bind the City.
2.3. It is understood and agreed that City shall not be responsible for any costs or
expenses, premiums, or contract requirements of CRA in connection with the CRA'S use of
City's Plan Providers, and that CRA shall hold harmless and indemnify City, to the extent
permitted by law, for any costs or expenses whatsoever attributable to the CRA'S providing of
and making available such insurance coverage to and for CRA employees. CRA shall reimburse
City for any additional costs, if any and in addition to those specifically provided for in this
Agreement, incurred and documented by City in performing this Agreement.
Page 2
2.4 Should CRA desire to have City provide any services in connection with the
provision of insurance benefits to CRA employees, a separate agreement or amendment to this
Agreement shall be required and mutually agreed upon by the parties.
2.5 City will provide reasonable assistance through its Human Resources
departmental staff to CRA to answer questions regarding Plans and Plan administration and in
contacting Plan Providers with CRA matters concerning the Planes).
2.6 CRA expressly understands and agrees that, subject to any separately negotiated
provisions between the CRA and any Plan Provider as provided for in Section 2.1 above, Plan
premiums, costs, benefits, and coverage's may be changed by the City or City's Plan Provider
throughout the term of this Agreement.
2.7 Except as specifically provided in sections 2.8 and 2.9 of this Agreement, CRA
shall make all required payments directly to Plan Providers, which will bill and invoice CRA
separately from City, in accordance with the agreement between the CRA and the Plan Provider.
CRA shall have separate account numbers, separate accounts, and separate invoices with Plan
Providers.
2.8 CRA shall have no right to select any of the present or future Plan Providers of
the City; nor shall CRA have any right under this Agreement to determine coverage's, premiums,
or terms and conditions of agreements between the City and any Plan Provider,
2.9 Should City purchase stop-loss coverage from any Plan Provider, CRA agrees to
pay its share of the premium for such stop-loss coverage, apportioned based on the number of
CRA employees and the additional pooling charges assessed by Plan Provider(s). Unless
otherwise directed in writing by City, CRA shall pay City directly for this incremental cost in
advance on an annual basis. CRA shall pay City pooling charges in accordance with Exhibit
"B", a copy of which is attached hereto and made a part of this Agreement.
2.10 On a monthly basis, in advance, CRA shall pay the City an administrative charge
equal to Ten ($10.00) for each CRA employee enrolled in any Plan of the City. This
administrative charge shall cover a portion of the costs incurred to the City in assisting the
District and their employees with issues related to insurance and Plan coverage's.
ARTICLE 3 - TERM OF AGREEMENT
3.1 This Agreement shall be deemed to have commenced on March 1,2006, and shall
continue in full force and effect until terminated by either party in accordance with Article 5
below.
Page 3
ARTICLE 4 - GOVERNMENTAL IMMUNITY
4.1 City is a state agency as defined in Chapter 768.28, Florida Statutes, and CRA is a
public agency created pursuant to Chapter 163, Florida Statutes. To the extent permitted by law,
each party agrees to be fully responsible for acts, omissions, and negligence of their agents,
officers, or employees. Nothing herein is intended to serve as a waiver of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothing herein shall be construed
as consent by a state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this Agreement or any other contract.
4.2 Both parties acknowledge that this an Interlocal Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with
regard to its respective governing body. All of the privileges and immunities from liability;
exemptions from laws, ordinances, and rules; pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents or employees of
any public agency when performing their respective functions within the territorial limits for
their respective agency shall apply to the same degree and extent to the performance of such
functions and duties of those officers, agents, or employees extra-territorially under the
provisions of any Interlocal Agreement.
ARTICLE 5 - TERMINATION
5.1 This Agreement may be terminated by either party by giving notice of termination
in accordance with Article 6 herein at least sixty (60) days prior to the expiration of any renewal
of a Plan or any new Plan, provided that such termination does not adversely impact the City in
its contractual relationships with Plan Providers. City may terminate the Agreement
immediately upon notice from any Plan Provider that CRA is not complying with plan
administration procedures or is not paying premiums to a Plan Provider in a timely manner, and
such default or breach by the CRA may adversely impact City's agreement with that Plan
Provider.
ARTICLE 6 - NOTICES
6.1 Any and all notices given or required under this Agreement shall be in writing and
may be delivered in person or by United States mail, postage prepaid, first class and certified,
return receipt requested, addressed as follows:
TO CITY:
City Manager
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Page 4
With copy to:
City Attorney
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
TO CRA:
Lisa Bright
Executive Director
CRA
639 E. Ocean Avenue, Ste. 107
Boynton Beach, FL 33425
With copy to:
CRA Attorney
c/o Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
ARTICLE 7 - MISCELLANEOUS PROVISIONS
7.1 ASSIGNMENT: Neither party shall have the right to assign this Agreement
without the express mutual consent of the other party.
7.2 DISPUTES: In the event that a party has a dispute with respect to the other
party's performance hereunder, the party shall notify the other party in writing in accordance
with Article 6, advising of the disputed matter. In the event that the disputed matter is not
resolved to the satisfaction of the CRA and the City, the dispute shall be submitted to a mediator
mutually agreed to by the parties before any litigation is brought.
7 ,3 WAIVER: The waiver by either party of any failure on the part of the other party
to perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
7.4 SEVERABILITY: If any terms or provisions of this Agreement, or the application
thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall be deemed
valid and enforceable to the extent permitted by law.
7.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or understandings applicable to the
Page 5
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written.
7.6 INDEPENDENT CONTRACTOR: City is an independent contractor under this
Agreement. Any services provided by City pursuant to this Agreement shall be subject to the
supervision of City. In providing such services, neither City nor its agents shall act as officers,
employees, or agents of the CRA. This Agreement shall not constitute or make the parties a
partnership or joint venture. It is understood and agreed that employees of the CRA are not
entitled to any benefits offered by the City to City employees, including those benefits offered by
Plan Providers pursuant to this Agreement. Any benefits to CRA employees are conveyed by the
CRA and at the cost, expense, and liability ofCRA.
7.7 MODIFICATION: It is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith..
7,8 CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of
the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs, and shall be
governed by the laws of the State of Florida, In the event any causes of action arising out of this
Agreement are pre-empted by federal law, any such controversies shall be submitted to the
jurisdiction of the United States District Court for the Southern District of Florida. To encourage
prompt and equitable resolution of any litigation that may arise hereunder, each party hereby
waives any rights it may have to a trial by jury of any such litigation.
7.9 DRAFTING: This Agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of such party's
preparation of this Agreement.
7.10 RECORDING: This Agreement shall be recorded in the public records of Palm
Beach County, in accordance with the Florida Interlocal Cooperation Act of 1969.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this ~
day of ~~~ l\~1-' 2006.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
ATTEST:
By:~~/J~~
P,riilt name: / , Chairman
~ E~~~€ \-\e~\,)\ \..\N
Page 6
Print name:
, Secretary
Attest:
Janet Prainito, City Clerk
(CITY SEAL)
Approved as to form:
Office ofthe City Attorney
CITY OF BOYNTON BEACH
Kurt Bressner, City Manager
Page 7
EXHIBIT" A"
Plan Providers
Medical - BlueCross BlueShield of Florida
BlueCare@ for large employer groups is an HMO product offered by Health Options, Inc. (HOI), a
subsidiary of Blue Cross and Blue Shield of Florida. The features of BlueCare@ are:
. A full range of benefits for hospital, physician and other medical services
· Preventive care, such as routine physical exams, well-child care, immunizations and
health care screenings
· Predictable costs through pre-determined co-payments for health benefits as long as
care and referrals are coordinated through a Primary Care Physician
Our BlueChoice@ PPO (Preferred Provider Organization) plan offers the freedom to choose any
doctor and hospital for care. However, members receive maximum benefits and are free from
claims filing and balance billing when they choose physicians and providers who participate in
the PPO network.
Our BlueOptionsSM PPO health insurance policy offers members the freedom to choose any
doctor and hospital for care. However, they can maximize their benefits, and free themselves
from claims filing and balance billing, by choosing physicians and providers who participate in
our NetworkBluesM* provider network. Additionally, members are protected from balance billing
when they receive covered services from an Out-of-Network provider who participates in our
Traditional Program Network.
Dental - MetLife Group Dental
Dental care is a part of healthy living, and for this reason a dental benefit plan is a highly
appreciated employee benefit. Yet, many employers do not offer a dental benefit plan as part of
their overall benefits programs. This can add a financial burden for employees. Fortunately,
Met Life has the knowledge and innovation to offer a range of affordable dental benefit plans to
fit the needs of nearly all employers.
Vision - VisionCare Plan
VisionCare Plan offers employees and their dependents a benefit that covers all routine eye
care, including eye exams and eyeglasses (lenses and frames) or contacts, The plan features:
· In-Network and Out-of-Network benefits.
· Exam Plus, if you prefer contacts you get your exam plus an allowance for contacts in
place of lenses and frames.
Life & LTD
Jefferson Pilot provides life insurance and accidental death coverage to all employees and their
dependents.
Program Terms
Page 8
The medical, dental and vision care programs are all annual programs with a contract renewal
date of October 1 S\ however the programs are administered on a calendar year basis. The life
and AD&D are on a 3 year contract.
Page 9
EXHIBIT "B"
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(CRA)
Special Annual Pooling Charge Statement
Pooling
Rate and Annual
Type Monthly Pooling
Coverage Enrollment Total Expense
EO 14 $ 15.96 $2,681.28
ES 2 $ 32.71 $ 785.04
EC 0 $ 30.16 $ 0.00
EF 4 $ 37.91 $1,819.68
TOTAL 20 $440.50 $5,286.00
Note: The above pooling charge calculation for CRA is based on enrollment during the last
month ofthe 12 month experience period upon which The City's 10/112005 renewal was
based. The actual annual expense charge will be prorated to the date of coverage and
accounted in October 2006. Should average enrollment be less than that shown above,
The City will reimburse CRA the amount of pooling expense charge overpaid. Should
the enrollment be less than that shown above, then CRA will pay The City the additional
pooling charge incurred. (actual annual enrollment times the above pooling expense
charge rates will equal the actual annual pooling expense charge for the 10/1/2005 -
9/3012006 policy year.)
Page 10
.cr
CITY OF BOYNTON BEACH ';
AGENDA ITEM REQUEST FORN~
VI.-CONSENT AGENDA
ITEM C.7
r-
i-
_eli
i --,
; 'j
Requested City Connnission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006
D January 3, 2006 December 19,2005 (Noon) ~ February 28, 2006
--
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006
r,
-:,': ! I
I j
Date Final Form Must be Turned ill
to City Clerk's Office
January 17,2006 (Noon)
February 6, 2006 (Noon)
February 21, 2006 (Noon)
March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF IZI 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: Extend "Lake Diving Contract/Nine Lakes at The Links at Boynton Beach Golf Course"
with Birdie Golf Ball Company for an additional year at the same terms and conditions as the original contract.
EXPLANATION: There are three known companies, to us, in the area that perform this service and are able to meet
the City's insurance requirements, Birdie Golf Ball Company, Raven Golf Inc., and East Coast Golf Ball Company.
East Coast was a previous vendor, whose contract was cancelled by the City following a fatal accident involving one
of their divers in one of our lakes on 12/31/01. In the course of this 3 year contract East Coast has been the only
company to show any interest in re-bidding it, however, based on their history with the City we would not
recommend them again. Raven only offered $500 a year for the previous bid and has not contacted us any further
since that time. The "used golf ball" market has been reduced considerably in recent years with the introduction of
low cost, new golf balls. The number of companies in this business is significantly less than in the past due to the
lack of marketability of used golf balls.
PROGRAM IMPACT: This contract generates $3,000 in revenue, annually, for The Links at Boynton Beach;
provides a market to dispose of used range balls, allows for retrieving any range balls that were hit in a lake, and to
provide recycled grade" A" golf balls at a $1.00/doz. for resale in the Pro Shop should we decide to sell used golf balls
again.
FISCAL IMPACT: 53,000.00 in revenue annually.
:L T;N ATIVES:.:;k otber ,ouroes for Ib;, 5Orv;,e, or 10 termln~ golf ball,.
,;4~ I a,-,t.~ ~
, Department Head's Signature City Manager's Signature
Golf Course
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.IX>C
rJht:-1!ink1. at!Bo!lnton!Bw~1'z
..Growing the Game and Our PeopJe~~
The only Public
access course in
Palm Beach
County rated as
one of THE
BEST PLACES
TO PLA Y by Golf
Digest Readers
2004
CERTIFIED MAIL #70993400000225379943
January 9, 2006
Dale Updike
Birdie Golf Ball Company
208 Margate Court
Margate, FL 33063
Re: "Lake Diving Contract/Nine Lakes at The Links at Boynton Beach Golf Course"
Dear Dale,
The above referenced contract will expire on February 15, 2006. We would like to extend the
current contract for an additional year at the same terms and conditions.
We appreciate your quality service, therefore, if you agree, we will recommend that the
contract be renewed and it will be forwarded to the City Commission for approval.
As stipulated within the contract, your company's original certificate of insurance is to be
provided to our Risk Management Department at your earliest convenience, naming the City
as additional insured.
Please indicate your response on the following page and return it to The Links at Boynton
Beach, P.O. Box 310, Boynton Beach, FL 33425-0310 at your earliest convenience. We look
forward to continuing to work with you. If you should have any questions, please feel free to
call me at (561) 742-6502,
Sincerely,
{UL~~fj (~
,~af'ueros~
Manager, Golf Administration
fd
8020 Jog Road, Boynton Beach, FL 33437 Mailing: P.O. Box 310, Boynton Beach, FL 33425-0310
Phone: (561) 742-6501 Fax: (561) 966-1700 Web Site Address: www.boynton-beach.org
rJhe .1!ink1- at!Bo!Jnton!Bw~h
{{Growing the Game and Our People"
The only Public
access course in
Palm Beach
County rated as
one of THE
BEST PLACES
TO PLA Y by Golf
Digest Readers
2004
January 9, 2006
RE: "Lake Diving Contract/Nine Lakes at The Links at Boynton Beach Golf Course"
Agreement between the City of Boynton Beach, Owner; and Birdie Golf Ball Company, Inc.
j Yes, I agree to renew the existing contract under the same Terms and Conditions, 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.
(1,RDu: Go/~
NAME OF COMPANY
w0-4- ~
SIGNATURE
DALe upo,f~
NAME OF REPRESENTATiVE
(please print)
I /1;;/0 ,
DATE I I
Ov /VcP-
TITLE
'1 s5' -flj -;}'77?
(AREA CODE) TELEPHONE NUMBER
8020 Jog Road, Boynton Beach, FL 33437 Mailing: P.O. Box 310, Boynton Beach, FL 33425-0310
Phone: (561) 742-6501 Fax: (561) 966-1700 Web Site Address: www.boynton-beach.org
R03-0 19
LAKE DIVING CONTRACT/NINE LAKES AT
THE LINKS AT BOYNTON BEACH GOLF COURSE
THIS CONTRACT FOR LAKE DIVING SERVICES, signed this ~ day of
Febru6.,r'i ,2003, by and between BIRDIE GOLF BALL COMPANY, INe., hereinafter
referred to as "Birdie Golf' and THE CITY OF BOYNTON BEACH, a Florida municipal
corporation, whose principal address is 100 E. Boynton Beach Blvd., Boynton Beach, FL,
hereinafter referred to as "City",
WITNESSETH:
WHEREAS, Birdie Golf is engaged in the business of the retrieval of golf balls; and
WHEREAS, the City owns The Links at Boynton Beach Golf Course at 8020 Jog Road,
Boynton Beach, Florida; and
WHEREAS, the City is desirous of engaging the services of Birdie Golf for the purposes
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, and other good and valuable consideration, the parties agree as follows:
1. SCOPE. The general scope of services to be performed by Birdie Golf shall be to
retrieve golfballs from the nine lakes at the golf course on an exclusive basis.
2. CONTRACT OUTLINED CONDITIONS.
a. Birdie Golf agrees to pay $3,000.00 annually to the City, $1,500.00 upon signing of
this Contract and $1,500.00 on August 15, 2003, with subsequent payments of
$1,500.00 every six months thereafter upon signing of this contract each subsequent
year.
b. Birdie Golf agrees to return to the golf course all range balls recovered from the
lakes, at no charge, within two (2) weeks of retrieval.
c. Birdie Golf will be required to pay the City $.10 per range ball turned in by the Golf
Course to Birdie Golf each February 15th and August 15th.
d. Birdie Golf agrees to notify the golf course superintendent at least two (2) days in
advance of arrival to get approval for the use of a golf utility vehicle. The City makes
no guarantee that such a vehicle will be available, however, all efforts will be made to
assist the divers in obtaining transportation onto the golf course.
e. Birdie Golf agrees to sell to the City recycled grade "A", pro line rewashed golf balls
for resale in the City's pro shop at $1.00/dozen,
3. TERM. The term of this Agreement shall be for a period of thirty-six (36) months
from February 15, 2003, unless terminated pursuant to the terms of this Agreement. Prior
to the expiration of the initial term, the parties may agree to renew this Agreement in
writing, on an annual basis.
4.
TERMINATION.
prOVisions:
This Agreement may be terminated pursuant to the following
a. If conditions are present which are considered by either party to be cause for
termination, written notice shall be provided to the other party, and a sufficient period
of time shall be given to correct the conditions,
b, If the conditions are not corrected within a reasonable period of time, this Agreement
may be terminated for such conditions by giving thirty (30) days written notice.
c. This Agreement may be terminated by either party, at any time, upon providing
ninety (90) days written notice prior to termination.
5. INDEMNIFICATION. Birdie Golf agrees to defend, indemnify, and hold the City
of Boynton Beach and the City of Boynton Beach Municipal Golf Course harmless from
any claim, demand, suit, loss, cost, expense, including court costs and attorneys' fees, or
any damage which may b e asserted, claimed 0 r recovered against 0 r from the City 0 f
Boynton Beach or The Links at Boynton Beach Golf Course by reason of any damage to
property or injury, including death, sustained by any person whomsoever and which
damage, injury or death arises out of, is incident to, or in any way connected with the
performance of the Contract. Notwithstanding the foregoing, this provision shall not
apply to any damage, injury 0 r death that results from the gross negligence 0 r willful
misconduct of the City of Boynton Beach or The Links at Boynton Beach Golf Course or
their affiliates.
6. INSURANCE REOUIREMENTS.
a. It shall be the responsibility of Birdie Golf to maintain workers' compensation
insurance, property damage, liability insurance and vehicular liability insurance
during the duration of this contract.
b. Birdie Golf shall secure and maintain in force, throughout the duration of this
contract, comprehensive general and automobile liability insurance with a minimum
coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury;
$1,000,000 per occurrence/aggregate for property damage; and, professional liability
insurance in the amount of$l,OOO,OOO (all professional contract services).
c. Said general liability policy shall name the City of Boynton Beach as an additional
insured and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City.
2
d. Birdie Golf shall secure and maintain in force throughout the duration of this contract
workers' compensation insurance to statutory limits.
e. Birdie Golf shall furnish the City with a certificate of insurance after award has been
made prior to the start of any work for the City. Said insurance companies must be
authorized to do business in the State of Florida and the City will not accept any
company that has a rating less than B+ in accordance with A.M. Best's Key Rating
Guide, latest edition.
f. Reference Insurance Advisory Form (Attachment A) for additional types of insurance
and limits required. The City reserves the right to require additional types of
insurance, or to raise or lower the stated limits, based upon identified risk.
7.
REPRESENT A TIVE OF CITY. The City hereby agrees to designate the City Manager
or his assigned representative for purposes of the administration of the Contract.
8.
REPRESENT A TIVE OF BIRDIE GOLF. Birdie Golf, for purposes of administration of
this Agreement, agrees to designate the following individual, address, and telephone
number as the assigned representative for Birdie Golf:
<<1/[1)
UJ.
(name)
( address)
(telephone no.)
(facsimile no.)
9. ASSIGNABILITY. The Agreement may not be assigned or transferred without the
express prior approval of the City.
10, VENUE. In the event any litigation is pursued in association with this Agreement, venue
for such litigation shall be filed in either the state or federal courts in Palm Beach County,
Florida,
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day indicated
on the first page of the Agreement.
BY
Approved as to form by:
~'~
City Attorney
3
CONTRACTOR
(Corporate Seal)
ATTEST:
'\ I
Q ~ ' '; Lt I tl c.lu
Corporate Secretar . p ,1/ k
Print Name: PilL€- U v ~~
STATE OF FLORIDA )
COUNTY OF /Or:<6lV./7'Ri) )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
/J I}- /- r 12 / E.o 11 t7 ~ jJ IJL e v P'o/ je ~ the't>p_esl f) e ^' r. }l?d
('OA.f1C~,<};-..e..SeU<l~spectively of f};1t0/~ (j;oLJ) ,8IJ{-c..(}jl'll'b-Nctj~~
in the foregoing agreement and that they severally acknowledged executing the same in the
pres~ of two su~ribing witness,e~eely and voluntarily under authority duly vested in them by
said . '1. rt! e.. .e/J;~1h~ tne Corporate seal affixed thereto is the true corporate seal
of said Corporation. ~
'WITNESS my hand and official seal in the County and State last aforesaid this -.i{l day of
F-e.fi/ZtJ rt-A-'-1 , 2003.
hi ~JJ- I./~'
NOTARY PUBLIC
0) MERLE VERIN
~ MY COMMISSION (; DO 125912
EXPIRES: July 10, 2006
l.a>>~T ARY FL Nctary Se<vice & 8ondng. Inc.
H -er/~ JlfJ/'/^--'
Print or Type Name
(notary seal or stamp)
_ --/) - R- (v/J" P~/ v.f),/'S
/'1191 7 e /e.() ,"-{ r"T f'v - ;v r -e..S Q /v./ e (.,/ r c- 0 _ -- {} '/7 C;;
;t:. ,), I f (~! I tD (T.5 / ,t:J.tZAJ / /;/ ;1-;. ~
f-- fv 3 c:; u; u 7 7 . ..k:. /Q ""
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;0 ~(u.) U pj)V~ e;o 4 /7 - - /1 >4. -- /- '
,Nl.-~ A ~ / vC/\.J////<.!. ////C-/~
If ~ //
Attachment B
INDEMNIFICATION FORM FOR THE LAKE DIVING/NINE LAKES
AT THE LINKS AT BOYNTON BEACH
The contractor agrees to defend, indemnify and hold the City of Boynton Beach and The Links at
Boynton Beach Golf Course harmless for any claim, demand, suit, loss, cost, expense, including
Court costs and attorney's fees, or any damage which may be asserted, claimed or recovered
against or from the City of Boynton Beach or the City of Boynton Beach Municipal Golf Course
by reason of any damage to property or injury, including death, sustained by any person
whomsoever and which damage, injury or death arises out of, is incident to or in any way
connected with the performance of this Agreement.
/ , .--'" - /~ ~ /
,~\ ~. -(k.:/(A ?rl___
'J-....J . ~- - - "i'I"~
Authorized Signature
t~' 1 . - . . ')" / ,r"
J i I / (: f/f I , fl- I:
P lease Print Name
ST ATE OF FLORIDA" '"J)
COUNTY OF /!J/'O (..,(...'/1 'R/ / )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the, County aforesaid to take acknowledgements, personally appeared
.PIJL~ L/~~/jc.~ .._",'., the . V~~.)'lc.:\",'')~ and
Ccu..5 ,,~('" respectIvely of x') I" c\ i '(:' (.~~'- \ \ \: C', named
in the foregoing agreement and that they severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by
said and that the Corporate seal affIXed thereto is the true corporate seal
of said Corporation.
WI1NE_SS~y hand and official seal in the County and State last aforesaid this k day of
oo:fob.a.r ',2003.
rYJ~ ~
NOTARY PUBLIC
(notary seal or stamp)
hR:"/'/~ (I~Y/~
Print or Type Name
DNT:dnt
S:\CA\DavidT\lake diving contract 2003.doc
If/ ~~d:c--7 7-4 /~ .l?~:/ '1/;~-~
~ ' // /I C'" p<:. / e' 0/(... 5e'O'
//'L!. ./~f / i/ ~. -' :..J ._' :; ::>
;?/- U / -3:2 /7~ ~ I ~ [; .:.> ()
0) MERLE VERIN
MV COMMISSION # DO 125912
, EXPIRES: July 10. 2006
1-8lJO.3-NOTARY FL NoI8Iy ServIce & Bonding. Inc.
85
/LJ~ /V )7/-/r.l~fi--
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14 WHEREAS, on February 4, 2003, the City Commission entered into a Contract
RESOLUTION NO. R04-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE ONE YEAR RENEWAL OF THE
LAKE DIVING CONTRACT NINE LAKES AT THE
LINKS AT BOYNTON BEACH GOLF COURSE
BETWEEN THE CITY OF BOYNTON BEACH AND
BIRDIE GOLF BALL COMPANY, INC., AND
PROVIDING AN EFFECTIVE DATE.
15 granting Birdie Golf the exclusive right to retrieve golf balls from the nine (9) lakes at the
16 Links at Boynton Beach Golf Course; and
17 WHEREAS, pursuant to paragraph 3 of that Agreement the term of the Agreement
18 was for a period of thirty-six (36) months from February 15,2006, and that the parties may
19 renew the Agreement in writing on an annual basis.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25
26 hereby authorize the renewal of the Lake Diving Contract/Nine Lakes at the Links at Boynton
27 Beach Golf Course dated February 4, 2003, for one (1) additional year based on the same
28 terms and conditions as the original Agreement.
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
31
S:\CA\RESO\Agreements\Renewal to Birdie Golf Agreement.doc
II
2
PASSED AND ADOPTED this _ day of February, 2006.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23
24
25 City Clerk
26
27
28 (corporate seal)
~8
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Renewal to Birdie Golf Agreement.doc
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, DESIGNATING THE BOYNTON
5 REGIONAL SYMPHONY ORCHESTRA CONCERT OF
6 MARCH 10, 2006 AS A CITY SPONSORED AND
7 FUNDED EVENT; AND PROVIDING AN EFFECTIVE
8 DATE.
9
10 WHEREAS, the City Commission has agreed that funding and sponsorship of the
11 Boynton Regional Symphony Orchestra constitutes a public purpose and a beneficial City
12 activity; and
13 WHEREAS, the Boynton Regional Symphony Orchestra in cooperation with the
14 City of Boynton Beach is scheduled to conduct a performance at the Boynton Beach
15 Community High School Auditorium on March 10, 2006; and
16 WHEREAS, the City and the School Board of Palm Beach County have heretofore
17 entered into an Interlocal Agreement for the mutual use of facilities; and
18 WHEREAS, Boynton Regional Symphony Orchestra has requested written
19 confirmation of the City's sponsorship and funding of the March 10, 2006 performance for
20 submission to the School Board of Palm Beach County for the purpose of facilitating waiver
21 of facility use fees.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1,
The foregoing "WHEREAS" clauses are true and correct and
25 hereby ratified and confirmed by the City Commission.
26
Section 2.
The City Commission of the City of Boynton Beach hereby
27 confirms its sponsorship and funding of the Boynton Regional Symphony Orchestra
28 Concert scheduled for March 10, 2006, to be held at the Boynton Beach Community
29 High School Auditorium. The City Commission authorizes the Boynton Regional
S:\CA\RESO\Sponsor Symphonic Orchestra.doc
"
Symphony Orchestra and the City Administration to represent to the School Board of
2 Palm Beach County that the Orchestra's use of Boynton Beach Community High School
3 constitutes a use by the City and that waiver of costs and expenses is requested pursuant
4 to Paragraph 4A of the Interlocal Agreement between the City and the School Board.
5 Section 3. That this Resolution will become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of February, 2006.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 i Mayor
12
13
14 Vice Mayor
15
16
17 Commissioner
18
19
20 Commissioner
21
22
23 Commissioner
24 ATTEST:
25
26
27
28 City Clerk
29
30 (Corporate Seal)
31
32
33
S:\CA\RESO\Sponsor Symphonic Orchestra. doc
VI.-CONSENT AGENDA
ITEM D ..
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 6, 2005
D December 20, 2005
D January 3,2006
D January 17, 2006
November 14, 2005 (Noon.)
December 5, 2005 (Noon)
December 19,2005 (Noon)
January 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[8J Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D February 7,2006
D
[8J
D
January 17,2006 (Noon)
February 21, 2006
February 6, 2006 (Noon)
~e_b . ",J'
Ma=tFl,2006
February 21,2006 (Noon)
March 21, 2006 March 6, 2006 (Noon) -
___..J
...., ~.< ,'--',
r-" ..'1
C?
D .'.C
Development Plans --J
D New Business "."-
;.''''v_", 1--'
..
D Legal -
~
OJ :1
D Unfinished Business .-"i "J]
-t'l
D -. ..J "')~:.
Presentation . \ ,~~'")
RECOMMENDATION: A motion to establish an Audit Committee comprised of Bill Mummert, Director of Financial
Services, Bobby Jenkins, Assistant Director of Financial Services, and Mary Munro, Assistant to the Director of Financial
Services for the pmpose of recommending a CPA Firm to conduct the annual audit of the City's financial statements.
EXPLANATION: The City has an existing contract with Caler, Donten, Levine, Druker, Porter & Veil to perform the
annual audit for the fiscal years ending September 30, 2003, 2004 and 2005. Therefore, it will be necessary to solicit
proposals for auditing services for the fiscal year ending September 30, 2006 and beyond. The Florida Statutes, Title XIV,
Chapter 218.391 now requires municipalities to establish an audit committee for the primary pmpose of assisting the
governing body in selecting an auditor to conduct the annual financial audit. As a prerequisite to the formal RFPIRFQ
process, the Audit Committee must be appointed by the City Commission. Upon appointment of the Audit Committee, the
Finance Department/Procurement Services will send out a formal Request for Proposal for a "Five Year Contract for
Financial Auditing Services" to cover the fiscal years ending September 30,2006 to September 30,2010.
PROGRAM IMPACT: In the past a selection committee has been assigned internally to review and evaluate all RFP's
submitted for auditing services and make a recommendation to the City Commission. This process takes it one step further by
requiring the formal appointment of an Audit Committee to evaluate all proposals. In addition, the Audit Committee is
required to rank and recommend, in order of preference, no fewer than three firms deemed to be the most highly qualified to
perform the required scope of services. The top three firms, as ranked by the Audit Committee, will make presentations to the
City Commission. Based on the presentations, the Commission may select the highest ranked firm, as recommended by the
Audit Committee, or one of the other two ranked firms.
Financial Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~~
City Manager's Signature
City Attorney / Finance / Human Resources
Statutes & Constitution :View Statutes :->2005->Ch0218->Section 391 : Online Sunshine Page 1 of3
Select Year: 12005.
The 2005 Florida Statutes
Title XIV
TAXATION AND
FINANCE
Chapter 218
FINANCIAL MATTERS PERTAINING TO POLITICAL
SUBDIVISIONS
View Entire
Chapter
218.391 Auditor selection procedures.--
(1) Each local governmental entity, district school board, charter school, or charter technical career
center, prior to entering into a written contract pursuant to subsection (7), except as provided in
subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual
financial audit required in s. 218.39.
(2) The governing body of a charter county, municipality, special district, district school board, charter
school, or charter technical career center shall establish an audit committee. Each noncharter county
shall establish an audit committee that, at a minimum, shall consist of each of the county officers
elected pursuant to s. 1 (d), Art. VIII of the State Constitution, or a designee, and one member of the
board of county commissioners or its designee. The primary purpose of the audit committee is to assist
the governing body in selecting an auditor to conduct the annual financial audit required in s. 218..12;
however, the audit committee may serve other audit oversight purposes as determined by the entity's
governing body. The public shall not be excluded from the proceedings under this section.
(3) The audit committee shall:
(a) Establish factors to use for the evaluation of audit services to be provided by a certified public
accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with
government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall
include, but are not limited to, ability of personnel, experience, ability to furnish the required services,
and such other factors as may be determined by the committee to be applicable to its particular
requirements.
(b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a
brief description of the audit and indicate how interested firms can apply for consideration.
(c) Provide interested firms with a request for proposal. The request for proposal shall include
information on how proposals are to be evaluated and such other information the committee determines
is necessary for the firm to prepare a proposal.
(d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established
pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals.
http://www.1eg.state.fl.us/statutes/index.cfm?App _ mode=Display _Statute&Search _ String=,.. 2/3/2006
Statutes & Constitution :View Statutes :->2005->Ch0218->Section 391 : Online Sunshine Page 2 of3
(e) Rank and recommend in order of preference no fewer than three firms deemed to be the most
highly qualified to perform the required services after considering the factors established pursuant to
paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall
recommend such firms as it deems to be the most highly qualified.
(4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the
firms recommended by the audit committee, and negotiate a contract, using one of the following
methods:
(a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to
evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm
ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm,
negotiations with that firm shall be formally terminated, and the governing body shall then undertake
negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations shall
then be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the
other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with
firms, may reopen formal negotiations with anyone of the three top-ranked firms, but it may not
negotiate with more than one firm at a time.
(b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the
evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest-ranked
qualified firm or must document in its public records the reason for not selecting the highest-ranked
qualified firm.
(c) The governing body may select a firm recommended by the audit committee and negotiate a
contract with one of the recommended firms using an appropriate alternative negotiation method for
which compensation is not the sole or predominant factor used to select the firm.
(d) In negotiations with firms under this section, the governing body may allow a designee to conduct
negotiations on its behalf.
(5) The method used by the governing body to select a firm recommended by the audit committee and
negotiate a contract with such firm must ensure that the agreed-upon compensation is reasonable to
satisfy the requirements of s. 218.39 and the needs of the governing body.
(6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended
firms, the committee shall recommend additional firms, and negotiations shall continue in accordance
with this section until an agreement is reached.
(7) Every procurement of audit services shall be evidenced by a written contract embodying all
provisions and conditions of the procurement of such services. For purposes of this section, an
engagement letter signed and executed by both parties shall constitute a written contract. The written
contract shall, at a minimum, include the following:
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Statutes & Constitution :View Statutes :->2005->Ch0218->Section 391 : Online Sunshine Page 3 of3
(a) A provision specifying the services to be provided and fees or other compensation for such services.
(b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail
to demonstrate compliance with the terms of the contract.
(c) A provision specifying the contract period, including renewals, and conditions under which the
contract may be terminated or renewed.
(8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be
done without the use of the auditor selection procedures provided in this section. Renewal of a contract
shall be in writing.
History.--s. 65, ch. 2001-266; s. 1, ch. 2005-32.
Copyright <01995-2005 The Florida Legislature. Privacy Statement. Contact Us
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VI.-CONSENT AGENDA
ITEM E
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14, 2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5,2005 (Noon) D February 21,2006 February 6,2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) I2S1 February 28, 2006 February 21, 2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
"j
D 0 .~.-
Administrative Development Plans --~
'-<~j _..:
NATURE OF I2S1 Consent Agenda D New Business -Tl _.
~~rl
AGENDA ITEM D Public Hearing D Legal r::::i
1"0 .,
0 Bids 0 Unfinished Business
D D _"1..._
Announcement Presentation ~-"",.
~
D City Manager's Report .rO'.
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RECOMMENDATION:
Motion to approve payment in the amount of $118,250 for annual software technical support & maintenance from Sungard,
H.T.E. Inc. for the period of January I, 2006 through December 31, 2006, from I.T.S. Account #001-1510-513-46-91
(Software Maintenance).
EXPLANATION:
Maintenance fees provide:
. Seven (7) days a week, 24 hours software technical support for HTE modules used by departments citywide.
. Version upgrades of all software products, when available, at no additional cost.
· Program Temporary Fix (PTF) patches for software problems, when available, at no additional cost.
PROGRAM IMP ACT:
· Part of the City's ITS. plan is vendor supported "common off the shelf' products to reduce total cost of ownership.
· In-house staff is insufficient in size or available experience to maintain and support these products in-house.
FISCAL IMPACT:
. Sufficient funds are available in the current ITS. budget for software maintenance services.
. This is a budgeted maintenance line item.
· This covers citywide departmental HTE products at an average of less than $5700 each. This very reasonable pricing for
market specific products of this type.
· The city's initial investment of$530,000 in 1997 would be lost if this is not funded and an additional $1.3 Million dollars
would be necessary to replace the current enterprise applications.
· Maintenance of these products is essential in obtaining city revenues, i.e., utility billing, permitting, occupational
licensing, etc., etc.,
· Last year's expenditure for this maintenance was $114,655. This year's cost is 3% greater.
ALTERNATIVES:
. These maintenance services are only available from the original software vendor.
· Lose initial investment of $530,000 and not have the ability to access data or generate revenue.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Jl
Information Technology Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
~:'
CITY OF BOYNTON BEACH
ADOPTED BUDGET LINE ITEM PURCHASE
Date: February 14, 2006
Requesting Department:
I.T.S.
Contact Person:
Peter Wallace
Explanation for Purchase:
These maintenance fees provide 7 day a week/24 hour software technical support for Sungard HTE,
Inc, modules used by departments city wide. It also provides version upgrades and patches of all
software products, when available, at no additional cost. The budget overage will be absorbed in the
I.T.S, budget. The overage is due to continuing maintenance on the Non-Gui Client Licenses. It is
anticipated that a portion of this maintenance will be reimbursed once NaviLine is in place - June,
2006. NaviLine provides an intuitive user friendly windows platform for H.T.E. The city will recognize
savings in future maintenance costs by the elimination of the Non GUI licenses.
I Recommended Vendor Sungard HTE, Inc.
I Dollar Amount of Purchase $118,250
Source for Purchase (check and attach backup materials):
State Contract D GSA D
SNAPS D PRIDE D
Piggy-Back D RESPECT D
Other CD
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source:
Line Item Descriotion
Software Maintenance
Account No.
001-1510-513-46-91
Item Budaet
$ 103,093.00
Cost of Item
$ 118,250.00
Over/Under Budget
over budget
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
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Service Invoice
SUNGARD@
HTE INC.
INVOICE DATE
11/30/2005
lUOO Bnsim>ss Center Dr.
'-.IX': MaTV, ['lunda ,12746
4(!7-3t.)4-3235
\V\\'\\^ .hte~ncA:orn
I~JVOICE NO
CUSTOMER NO
TERMS
860146-]0
BY82.i1173
BiLL TO
Due Upon Receipt
City of Boynton Beach-RISC
100 East Boynton Beach
Bo"mton Beach, FL 33435
Doc Type: MA.
P.A.GE
DESCRIPTION
AMOUNT
Maintenance Period Start 1t1.10fl . End 12131iOC
Contract No 2001849
OMS - Document Management Services
1.050,00
Contract No 9705024
QRep Catalogs for GM.PR,FA,BP
1.180.00
Contract No 20030325
Rec Trac Interface to Cash Recejpts
Ree Trac Interface to GMBI\
3:50,00
330,00
id \!IT P. '< Y\1[ ,,[
SUNGARD HTE INC . Bank of AnKTica
1 nO') Collectlon Center Drive., lL 60693
TOTAL
$2,g90.00
SUNGARD@
INVOICE
Company
100
Invoice No
860040
Date
30/Nov/2005
Page
1 of 1
HTE INC.
1000 Business Center Dr.
Lake Mary. Florida 32746
407-304-3235
www.hteinc.com
Bill To: City of Boynton Beach-CISC
1 00 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach FL 33435
United States
Attn: ITS
Ship To: City of Boynton Beach-RISC
1 00 East Boynton Beach
Boynton Beach FL 33435
United States
Attn: Vicki Dornieden (AlP) (561) 375-6317
285.00
_.00
1..4?'5~eo
REMIT PAYMENT TO:
SUNGARD lITE TNC. · Bank of America
12709 Collection Center Drive · Chicago, TL ()O(i).-)
SUNGARD@
INVOICE
HTE INC.
Company
100
Invoice No
860147
Date
30/Nov/2005
Page
1 of 2
1000 Business Center Dr.
Lake Mary, Florida 32746
407-304-3235
www.htcinc.com
gr
~. 11' l.- ~ rf
Bill To: City of Boynton Beach-CISC
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach FL 33435
United States
Attn: ITS
Ship To: City of Boynton Beach-RISC
100 East Boynton Beach
Boynton Beach FL 33435
United States
Attn: Vicki Dornieden (AlP) (561) 375-6317
REMIT PAYMENT TO:
SUNGARD HTE INC. · Bank of America
12709 Collection Center Drive · Chicago, IL 60693
SUNGARD@
INVOICE
Company
100
Invoice No
860147
Date
30/Nov/2005
Page
20f2
HTE INC.
1000 Business Center Dr.
Lake Mary, Florida 32746
407-304-3235
www.hteinc.com
Bill To: City of Boynton Beach-CISC
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach FL 33435
United States
Attn: ITS
Ship To: City of Boynton Beach-RISC
100 East Boynton Beach
Boynton Beach FL 33435
United States
Attn: Vicki Dornieden (AlP) (561) 375-6317
REMIT PAYMENT TO:
SCNGARD HTE INC. · Bank of America
12709 Collection Center Drive · Chicago, IL 60693
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
D December 6, 2005 November 14,2005 (Noon.)
D December 20, 2005 December 5, 2005 (Noon)
D January 3, 2006 December 19, 2005 (Noon)
D January 17, 2006 January 3, 2006 (Noon)
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D February7,2006 January 17,2006 (Noon)
D February 21,2006 February 6, 2006 (Noon)
[8J February 28, 2006
D March 2 I, 2006
--\
February 21, 2006 (Nooh)
....".,
f' \
March 6, 2006 (NoonF)
.,
, ,---:
'~J. .
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
[8J Public Hearing
D Bids
D Announcement
D City Manager's Report
D -:, ( ..~\
Development Plans
D New Business T".."'i
~ ~ ;) -,
Legal - ,
C)
0 Unfmished Business
D Presentation
RECOMMENDATION: Please place this request on the February 28,2006 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Corrununity Redevelopment Agency Board, recorrunended that the
subject request be approved on February 14, 2006. For further details pertaining to the request, see attached Department
Memorandum No. PZ 06-023.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Yachtsman's Cove (LUAR 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Corrunercial (LRC) to Special High Density Residential (SHDR); and
Request to rezone from Corrununity Corrunercial (C-3) to IPUD Infill Planned Unit
Development.
Proposed use:
61 townhouse units
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~
CIty anager's SIgnature
Developme pa ent Direc
/L/J ?~
Planning and Zo irector City Attorney / Finance / Human Resources
S:\Planning\Planning Templates\Agenda Item Request. Dec 6, 2005 - March 21, 2006.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 06-023
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
THROUGH:
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner (/
February 7, 2006
DATE:
PROJECT
NAME/NUMBER:
REQUEST:
Yachtsman's Cove (LUAR - 06-003)
Amend the future land use designation from Local Retail Commercial
(LRC) to Special High Density Residential (SHDR); and to rezone the
property from (C-3) Community Commercial to (IPUD) Infill Planned Unit
Development.
PROJECT DESCRIPTION
Property Owner: Yachtsman Properties, LLC
Applicant: Yachtsman Properties, LLC
Agent: Atlantis Environmental Engineering, Inc.
Location: On the east side of Federal Highway, approximately 375 feet north of the
Boynton (C-16) Canal (Exhibit "A'j
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning:
Infill Planned Unit Development (IPUD)
Proposed Use:
61 fee-simple townhouse units
Acreage:
3.35 acres
Page 2
File Number: LUAR 06-023
Name: Yachtsman's Cove
Adjacent Uses:
North:
An existing mobile home park recently approved for condominiums and
townhouse units (Seaview Park Club) with a Special High Density
Residential (SHDR) land use classification and zoned Infill Planned Unit
Development (IPUD);
South:
Right-of-way for Ocean Inlet Drive, then farther south is developed
property (Murano Bay) with a Special High Density Residential (SHDR)
land use classification and zoned Infill Planned Unit Development (IPUD);
East:
Developed single-family residential lots with a Low Density Residential
(LDR) land use classification and zoned Single-family Residential (R-1-
AA); and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for
the Florida East Coast (FEC) railroad.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located in the Federal Highway Corridor Community
Redevelopment Plan Study Area I, is consistent with the intent of the redevelopment
plan, and therefore meets the criteria for consideration of the land use amendment as
described in Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan;
2. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan;
3. The proposed site plan is consistent with the intent and requirements of the IPUD
regulations (provided that all conditions are met) and meets the requirements for
compatibility with the adjacent properties based on the proposed uses, landscaping
buffers, and setbacks; and
4. The proposed project will have a positive impact on values of adjacent property and will
contribute to the overall economic development of the City.
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 infill, urban redevelopment, or downtown
revitalization. The parcel, which is the subject of this land use amendment, totals 3.35 acres.
Even though the requested density is greater than 10 du / ac, it is located within a recognized
Page 3
File Number: LUAR 06-023
Name: Yachtsman's Cove
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 (DCA) and is not reviewed
for compliance with the state, regional, and local comprehensive plans prior to adoption.
Master Plan I Site Plan Overview
The IPUD regulations are intended to be used in situations where new development or
redevelopment is proposed within an already developed area or neighborhood located in the
Federal Highway Corridor Community Redevelopment Plan Study Areas I and V. A mixture of
uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts would result and the basic intent of the Zoning Code and the Comprehensive
Plan would be followed. When the IPUD is to be developed in a single phase, the Site Plan for
that development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It is a basic public expectation that landowners requesting the use of the IPUD district would
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, would be dependent on how
well the above stated design expectations are met in the proposed development plan.
The IPUD shall minimize adverse impacts on surrounding property. The City is not obligated to
automatically approve the level of development intensity requested for the IPUD. Instead, it is
expected to approve only such level of intensity that is appropriate for a particular location in
terms of land use compatibilities. The City may require, as a condition of approval, any
limitation condition, or design factor that will provide a reasonable transition to adjacent
development. In order to be approved, an IPUD project must be compatible with and preserve
the character of adjacent residential neighborhoods. Furthermore, it must be an enhancement
to the overall local area and the city in general. Presentation of projects that fail to do so would
be denied. Each IPUD project is independent and is evaluated solely upon its own merits. The
inclusion of certain features in a previously approved IPUD project may not be entertained as a
valid argument for the inclusion of that same feature in any other IPUD project if the City
decides to reject those features. While the details of the proposed site plan are a companion
agenda item, a brief overview of the site plan is included below.
Site Plan Analvsis
The Special High Density Residential land use category allows a maximum of 20 dwelling units
per acre. In this instance, the applicant is proposing a development containing 61 units for an
overall density of 18.2 dwelling units per acre. The 61 units are proposed within 12 separate
buildings on the 3.35-acre site. Each building would contain a varying number of dwelling
units, ranging from three (3) units to six (6) units. The floor plans propose four (4) models,
ranging from 1,887 square feet to 2,511 square feet of "under roof area". The site plan
proposes 36 two (2)-bedroom units and 25 three (3)-bedroom units and a recreation facility.
Page 4
File Number: LUAR 06-023
Name: Yachtsman's Cove
The IPUD zoning district allows buildings to reach a maximum height of 45 feet. However, a
lesser building height could be imposed if compatibility with the adjacent properties would be in
jeopardy. The elevations show the buildings would either be two (2) or three (3) stories in
height, the tallest of which would be 34 feet - two (2) inches in height measured at the mid-
point of the pitched roof. All buildings would comply with the height limitation of the IPUD
zoning district. It should be noted that the peak of the roof would be 42 feet - one (1) inch in
height. Although not dimensioned on the elevations, the peak of the decorative cupolas is
proposed at 46 feet - nine (9) inches height. The elevation pages would have to be revised to
indicate the height dimension for the decorative cupolas. It should be noted that the peak of
the cupolas cannot exceed 45 feet in height and the developer would either have to reduce the
cupolas to 45 feet in height or request and be approved for a height exception.
As previously mentioned the abutting properties to the east are zoned R-1-AA and developed
with a mix of one (1) and two (2) story, single-family detached homes. The R-1-AA zoning
district only allows a maximum building height of up to 30 feet (at mid-point of roof), a
difference of 15 feet. Initially, the developer planned to propose buildings that were all three
(3) stories in height. However, staff informed the developer that the proposed building height
on the subject property would be a critical design element to consider when requesting the
IPUD zoning district. Staff suggested that the applicant reduce the proposed building heights,
from three (3) stories to two (2) stories. In heeding staff's suggestions, the developer is now
proposing a mix of two (2) and three (3)-story buildings. As proposed, the three (3)-story
buildings would be located near the center and western portions of the site (along Federal
Highway) while the two (2)-story structures are proposed along the eastern fringe (adjacent to
the single-family detached homes). As designed, the pool/recreation area (of the subject
project) and the two (2)-story building (depicted as Building 4 on the site plan) is comparable in
height and compatible to any structure built within the R-1-AA zoning district. The site plan
shows that Building 4 and the pool area are proposed between the three (3)-story buildings and
the existing homes located within the R-1-AA zoning district. Staff feels that this proposed
configuration represents an excellent compromise to improve compatibility between the subject
property and the abutting properties to the east, in order to mitigate the height discrepancy. It
is important to note that the homes in the Yachtman's Cove subdivision to the east may be
developed as two (2) story structures with a maximum building height of 30 feet. However,
Building 1, proposed as a three (3)-story structure at the northeast corner of the subject site,
would be located only 12 feet away from the east property line that abuts property with a
single-family detached home in the R-1-AA zoning district. As proposed, Building 1 is comprised
of six (6) units with varying model types. Staff feels that the proposed height and proximity of
Building 1 (to the adjacent lot to the east) would negatively impact said lot. Therefore, staff is
recommending the following two (2) solutions: Either eliminate the easternmost unit of
Building 1 (depicted as Model "A" of Building 1 on the site plan) or reduce the height of Model
"A" from three (3)-stories to two (2)-stories. Staff feels that decreasing the height of the east
fa<.;ade of Model "A" of Building 1 would provide for an equitable transition between the
maximum height (of 30 feet) allowed in the adjacent R-1-AA zoning district (to the east) and
the 45-foot height allowed in the proposed project. After considering the ultimate height of the
proposed structure (34 feet - two (2) inches), evaluating the effects of comparable situations
elsewhere, considering that the majority of adjacent single-family homes are one-story or two-
story and less than 30 feet in height, and after reconsidering the intent of the IPUD district to
Page 5
File Number: LUAR 06-023
Name: Yachtsman's Cove
maximize compatibility, staff has determined that compatibility would be best achieved by
limiting structure height to a maximum of two (2) stories in that portion of the project.
Review Based on Reauired Criteria
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.
The subject property is located in the hurricane evacuation zone; however, the proposed 61-
unit development would be replacing a failing strip commercial plaza. The current land use
category (Local Retail Commercial) would allow up to 10.8 dwelling units per acre (a total of 36
dwelling units). The proposed rezoning would be consistent with current comprehensive plan
policies to encourage infill development and redevelopment projects. The developer is
requesting the Special High Density Residential land use category, which allows a maximum
project density of 20 dwelling units per acre (a total of 67 dwelling units). However, the project
proposes a total of 61 dwelling units, which equals a density of 18.2 dwelling units per acre.
Still, the comprehensive plan specifically addresses projects proposing higher densities. Policy
1.12.1 of the future Land Use Element states the following:
"The City shall adopt and enforce regulations to require that all new residential
developments of more than 50 units, which are located in the Hurricane
Evacuation Zone, will provide continuing information to residents concerning
hurricane evacuation and shelters through the establishment of a homeowners'
or residents' association'~
Therefore, approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association (see Exhibit "B" - Conditions of Approval).
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
Page 6
File Number: LUAR 06-023
Name: Yachtsman's Cove
"Federal Highway Corridor Community Redevelopment Plan'; adopted on May
15, 2001. "
The proposed redevelopment is located in Planning Area I, as defined in the above-cited
redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1.
The Infill Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton
Beach CCity'j was created for the purpose of allowing flexibility to accommodate infill and
redevelopment on parcels less than five (5) acres in size specifically within the "Federal
Highway Corridor Community Redevelopment Plan" Study Areas I and V. The intent of the
IPUD zoning district is to allow for a mixture of uses, including residential, retail commercial and
office uses. Additionally, the IPUD zoning district was created to ensure compatibility of infill
redevelopment with adjacent existing single-family development, to clarify setback
requirements and to provide standards for building design elements. The IPUD zoning
regulations state that "it is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards in
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an enhancement to the local area and the City in general; and, that it is
independent and will be evaluated solely on its own merits.
Other policies contained in the Comprehensive Plan that are applicable to this request include
the following:
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-low, 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 since it
would remove the possibility that commercial-only types of development could be built on the
subject property. In addition, the requested changes are consistent with the following
strategies for Planning Area I, as stated in the Federal Highway Corridor Community
Redevelopment 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
Page 7
File Number: LUAR 06-023
Name: Yachtsman's Cove
Require a transition to the adjacent gatewav 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
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 would 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. The abutting property to the south (Murano Bay) was approved
with the SHDR land use classification to allow for the construction of 20 fee-simple townhouse
units at a project density of 11.46 dwelling units per acre. The abutting property to the north
(Seaview Park Club) was approved with the SHDR land use classification to allow the
construction of 69 townhouse-style condominium units at a density of 18.37 dwelling units per
acre. Therefore, the requested density of this application (18.2 dwelling units per acre) is
comparable to that of the abutting development to the north and south and is consistent with
the transition of uses recommended in the Federal Highway Corridor Community
Redevelopment Plan. The requested density is also typical of the development pattern in the
coastal area, where there coexists a combination of both single family neighborhoods and multi-
family developments. Each development's heights may vary greatly based on the type of
development they are, often without consideration for abutting development. The project's
proposed building heights, with the incorporation of all staff's conditions in accompanying site
plan (NWSP 06-003), meets the intent of what staff envisioned when creating the SHDR land
use and IPUD zoning district. 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 rezoning desirable.
The property is currently developed with a failing strip commercial plaza. The redevelopment of
the property is desirable for beautification, economic benefit, as well as for the purpose of
removing older structures from the coastal high hazard area. 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 I in order to create a desired appearance of a neighborhood which, being near to
the downtown core area is a gateway to the city. The recommendations were also aimed at
promoting urban infill by eliminating one-story strip commercial plazas and automobile-oriented
(i.e. drive-thru) types of uses. Any redevelopment activities in Planning Area I consistent with
the above objectives would support increasing developers' interest in the downtown core area.
The proposed rezoning maintains the residential character of the area, and will provide an
Page 8
File Number: LUAR 06-023
Name: Yachtsman's Cove
aesthetically pleasing living environment in proximity to the downtown. Furthermore, the
accompanying site plan proposes townhouse units that are designed with their front doors
oriented towards Federal Highway, thereby engaging the public space and thus creating a
better sense of community, neighborhood, and gateway into Boynton Beach.
d. Whether the proposed use would be compatible with utility systems, roadways,
and other public facilities.
Projected utility systems demands and traffic generation impacts were provided by the applicant
and are shown below.
Maximum Potential Water / Sewer Traffic
Development Population Demand Generation
Potential Trips / day
Existing Land Use 32,022 square 21 persons* 6,300 gpd* / 1,812*
(Actual) feet of 6,300 gpd*
commercial *
Proposed Development 61 fee-simple 153 persons 26,300 gpd/ 427
townhouse 13,000 gpd
units
* Statistics derived from the land use / amendment application and its supporting
documents
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 meets the Traffic Performance Standards (TPS) of Palm Beach. The project is
expected to generate 35 peak hour a.m. trips and 40 peak hour p.m. trips. In summary, the
proposed development would result in a reduced traffic impact in comparison to the existing use
on the site and the realignment of the eastern portion of Northeast 15th Place (at Federal
Highway) would be a desirable improvement. No building permits are to be issued by the City
after the 2008 build-out date.
The City's water capacity, as increased through the purchase of up to 5 million gallons of potable
water per day from Palm Beach County Utilities, would meet the projected potable water for this
project (project estimated to require a total of 26,300 gallons per day). Local piping and
infrastructure improvements may be required, especially on the water delivery system for the
project, depending upon the final project configuration and fire-flow demands. These local
improvements would be the responsibility of the site developer and would be reviewed at the
time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently
available to serve the projected total of 13,000 gallons per day, subject to the applicant making
a firm reservation of capacity, following approval of the site plan.
With respect to solid waste, 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. Regarding school concurrency, the proposed project lies within Concurrency
Service Area (CSA) 17 and 19. Based on the School District's adopted multipliers for a dwelling
Page 9
File Number: LUAR 06-023
Name: Yachtsman's Cove
unit, the proposed 61 units would generate five (5) elementary school students, three (3)
middle school students, and four (4) high school students. The schools currently serving the
area and their utilization are as follows:
Schools Current Caoacitv Current Enrollment Utilization%
Rolling Green Elementary 842 795 94%
Conqress Middle School 1742 1100 63%
Boynton Beach High 2448 1744 71%
School
On December 2, 2005, the School District issued a Concurrency Determination for the site plan,
valid for one (1) year. The Concurrency Determination is valid for one (1) year from the date of
issuance. Once a Development Order has been issued for the project, the concurrency
determination will be valid for the life of the Development Order. The level of service for school
concurrency is 110%. Based on existing utilization, another school would not be necessary to
serve the area. Lastly, drainage would also be reviewed in more detail as part of the review of
the site plan application. The accompanying site plan would have to 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 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 would negatively impact property
values. In fact, staff notes that the proposed rezoning to IPUD would positively affect property
values due to the nuisance characteristics of the existing commercial plaza that have been
documented in the past. The applicant states that the new development is well matched to
enhance the community with the proposed townhouse project. Similar developments are being
proposed along this corridor.
f. Whether the property is physically and economically developable under the
existing zoning.
The subject parcel was previously developed with a strip commercial center. As evidenced, the
current development is not the highest and best use of the site. Under the current zoning
category, the C-3 zoning district reverts to the R-3 zoning district when developing with
residential uses. The R-3 zoning district allows for a residential density of 10.8 dwelling units
per acre. A lower density does not necessarily translate into projects with higher quality and
design. Under the existing use, the applicant states that the corridor does not allow sufficient
housing opportunities to support the economic revitalization along the Federal Highway Corridor
Page 10
File Number: LUAR 06-023
Name: Yachtsman's Cove
as recommended in the Community Redevelopment Plan. This property, which is eligible for
the IPUD zoning category, would allow a residential density of up to 20 dwelling units per acre.
The proposed zoning change would allow for greater flexibility in terms of use, density, and
setbacks, which is translated into a quality project as evidenced by the accompanying site plan.
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 requested land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and would also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
Anticipated impacts to traffic, and demands for water and sewer are minimal if not lessened.
The proposed project would have a positive impact on property values and visual impacts to
adjacent properties would be minimized through good project design, appropriate setbacks, and
dense landscaping and buffering. 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.
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 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
much lower 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. 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.
CONCLUSIONSI RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan and
respective redevelopment plan; would not create additional impacts on infrastructure that
cannot be accommodated, meets the intent of the IPUD regulations, and would contribute to
the overall economic development of the City. Therefore, staff recommends that the subject
request be approved subject to the developer creating a homeowners' or residents' association
as per Policy 1.12.1 of the future Land Use Element of the Comprehensive Plan. If the
Community Redevelopment Agency Board or the City Commission recommends conditions, they
will be included within Exhibit "B".
S:\Plannlng\SHARED\WP\PROJECTS\Yachlsmans Cove\LUAR 06-003\Staff Report.doc
LOCATION MAP
Yachtsman's Cove
Exhibit "A"
.
230
I
115
o
230
460
690
N
9~~eet W+E
S
EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Rfi
Yachtsman's Cove
LUAR 06-003
S ff M
d
P&Z 06023
e erence: ta renort emoran urn -
I DEPARTMENTS I INCLUDE I REJECT I
I PUBLIC WORKS I I I
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The City shall adopt and enforce regulations to require that all new X
residential developments of more than 50 units, which are located in the
Hurricane Evacuation Zone, will provide continuing information to
Page 2
Yachtsman's Cove
File No.: LUAR 06-003
DEPARTMENTS INCLUDE REJECT
residents concerning hurricane evacuation and shelters through the
establishment of a homeowners' or residents' association. Therefore,
approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\ Y achtsmans Cove\LU AR 06-003\COA.doc
MEMORANDUM
February 22, 2006
TO: Mayor Taylor, Mr. McCray, Mr. Mct'oy, Mr. Ensler, Mr. Ferguson, Kurt Bressner,
James Cheroff, Mike Rumpf
FROM: Stan Nitkowski, President INCA
SUBJECT: Yachtsman's Cove Townhome Agreement
------------------------------------------------------------------------------------------------------------
This memo is intended to summarize the five site plan conditions for the Yachtsman's
Cove Townhomes as agreed to by the Developer and INCA. Details for each point listed
below is attached.
1. Adjust the landscaping in the center medians on 15th Place and along the southeast wall
along Ocean Inlet Drive.
2. Extend the concrete wall, which makes up the projects southeastern border, to replace
what presently exists.
3. The sidewalks from the southeaster (A) unit on Building #12, the southern most
building, is to be reconfigured to not exit onto Ocean Inlet Drive.
4. Include a low landscaped fence structure in front of Building #12
5. Increase the setback on the southern border.
RECEIVED
FEB 2 2 2006
CITY MANAGER'S OFFICE
February 21,2006
Mr. Michael Rumpf
Planning and Zoning Director
City of Boynton Beach
p.o. Box 310
Boynton Beach, FL 33425
Dear Mike,
This letter is meant to summarize the agreed to compromises made between the
Yachtsman's Cove Town home project and INCA As you know, we have been in
continuous discussions over the last several months in an attempt to better the project and
help it find its place more seamlessJy within the neighboring community.
To this end, Banyan Development has worked very diligently to gamer the support of
INCA and its members, in the hopes of presenting a unified front to both the CRA Board
as well as the City Commission. In order to achieve this unity, Banyan Development and
INCA have been in constant communication. It is from these dialogues, for the expressed
purposes of forming a consensus that these 5 revisions to the project's site plan have
arisen.
The following is a brief narrative about the proposed compromises and their
justifications:
1) Adjust the landscaping in the center medians on ISth Place aDd along the
southeast wall along Ocean Inlet Drive.
Currently, the shape ofNE 15th Place provides a buffer between the homes to the
east and Federal Highway. With the re-alignment of the street some of the natural
buffering is lost. To help offset this INCA has asked for, and Banyan Development has
agreed to adjust the landscape plan to provide additional height and/or coverage to the
median's canopy. The new plan calls for a combination of ground cover, a signature
Live Oak and Sabal Palms to be placed in the medians. Clusters of tall Sabal Palms have
been added to both sides of 15th Place where the project meets the single family
residences and along the southeastern wall along Ocean Inlet Drive to buffer the three-
story townhomes from the residences.
2) Extend the concrete walJ, which makes up tbe projects southeastern border, to
replace wbat presently exists.
INCA had asked that the eastern wall per plan, which now terminates with the
pool fencing, be extended to help shield the single family residences directly on the
corner from oncoming headlights. This change will extend the wall to where it. presently
exists today and allow it to terminate after the parking spaces on the projects southeastern
corner. A section of the AS IS site survey has been included to illustrate the walls
present location.
L'd
Zt?ZB-09v-L99
ua408 AqO)i
dzg:n 90 ~~ qa;:j
3) Tbe sidewalks from tbe southeaster (A) uoit on Building #12, the southern most
building, is to be r<<onfigured to not exit onto Ocean Inlet Drive.
TIris change would require the southeastern most walkway begin adjacent to the
two parking spaces in the southeastern comer and terminate at the end units door. INCA
had requested this change in order to reduce the number of outgoing sidewalks onto
Ocean Inlet Drive and to help discourage parking and congestion on this drive. Banyan
Development felt that this change was not only acceptable but increased the utility of the
sidewalk for the dwelling by aligning the walk to best service their guests arriving at the
closest guest parking spaces.
4) Include a low landscaped fence structure in front of Building #12.
INCA had asked, for the purposes of symmetry, to have some type of fence detail
included on Ocean Inlet Drive to balance the Gated Murano Bay Community to the
south. Originally, we had proposed a 30" picket fence which INCA felt was insufficient
and asked for a 48"structure. We bave agreed to a 36" compromise with gates on eacb of
the 4 remaining walks onto Ocean Inlet Drive.
5) Increase the setback on the southern border.
INCA requested additional relief from our project's 10' setback on Ocean Inlet
Drive. By keeping the position of the SE unit stationary and pivoting Building #12 a few
degrees we were able 10 extend the buffer between 0' -7'.
These changes, while minor to the overall scope of the project, have proven important to
INCA's efforts to build support for the development, and as such both parties are in favor
of their inclusion.
Mike, as you can see this is probably the best example of cooperation between a
developer and its neighbors. 11 is in keeping with this spirit that we now ask the City to
join us in sustaining this cooperative effort by allowing at least the first four points to
either be included on the site plan prior to the Commission Meeting on the 28th or be
attached as notes to the project. If the 5th point cannot be included at this time, we would
like to add it as an amendment at the earliest possible date,
KollY Cohen
Banyan Development
Trl
7f770-1'1Ch-1 DC
uauo:, AQO\l
d~:7.L qn 7.7. qa-i
MeetirJ ~,1inutes
Community Redevelopment Agency
BOYiI,Yi Beach, Florida
February 14, 2006
ana'/sis, some funds had to be authorized to do that. Ms. Horenburger did not think the CRA
was doing the feasibility analysis. Ms. Brooks stated the CRA had to do a site plan as a general
partner. The money would be put up and received back at the end. It would count as a share
towards the partnership.
Vice Chair Tillman asked to be updated regularly on this.
Chair Heavilin thought the partnership agreement was a separate issue from the self-assembly
group development proposal and site plan.
Ms. Bright said she had been given direction at the previous month's meeting to negotiate a
contract with Treasure Coast Regional Planning Council regarding the feasibility study of the
HOB area. Staff had just gotten a proposal back from Treasure Coast at 5 p.m. today. The
timeline given in the proposal, if approved by the Board, was eight weeks.
Mr. DeMarco believed there were five acres in the HOB that would be available, with help from
the City to purchase, where they could at least start building some apartment units. The units
could be 1 bedroom 1 bath or 2 bedroom 2 bath. There could be a recreation center and pool
and accommodations where people could enjoy life, especially senior citizens. The complex
could be from 100 to 150 units and be reasonable to purchase if the City owned the land. He
thought the 1 bedroom 1 bath units could be built for $100K and 2 bedrooms 2 bath for $150K.
He believed everyone should think positively about this and just move forward on it. There was
a way to do it if the community, the CRA and the City worked as a team.
Chair Heavilin felt a month's delay was very important in light of the rapidly rising market costs.
She mentioned the "paralysis of analysis." She felt the CRA should get back to what the
community needed.
Mr. Norem called the question.
The motion passed 7-0.
VI. Public Hearing
Attorney Spillias asked the Board members if they had any ex parte communications with the
developers having projects before the Board at this meeting. Chair Heavilin indicated she had
been present at a meeting where some of the plans for Yachtsman's Cove had been presented.
Attorney Spillias swore in all the persons who expected to speak during the public hearing.
A. Land Use Amendment Plan Amendment Rezoning
Description:
Yachtsman's Cove (LUAR 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request to amend the Comprehensive Plan
Future Land Use Map from Local Retail
1.
Project:
Agent:
Owner:
Location:
9
Meeting Minutes
Comrn,,;1., ('.(-'development Agency
~u, i '1~lorida
February 14, 2006
Commercial (LRC) to Special High Density
Residential (SHDR); and
proposed Use:
Request to rezone
Commercial (C-3) to
Unit Development
61 townhouse units
from Community
IPUD Infill Planned
Abandonment
Description:
Yachtsman's Cove (ABAN 06-001)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request to abandon a portion of the
Northeast 15th Place right-of-way
2.
Project:
Agent:
Owner:
Location:
New Site Plan
Description:
Yachtsman's Cove (NWSP 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request new site plan approval to construct
612 fee-Simple townhouse units and related
site improvements on a 3.35-acre parcel in
the Infill Planned Unit Development (IPUD)
zoning district
3.
Project:
Agent:
Owner:
Location:
Eric Johnson, Planner, presented all three Yachtsman's Cove items at the same time. Staff
recommended approval of the land use amendment and rezoning, new site plan, and
abandonment, with conditions. The buildings were presented as two and three-story buildings
and did not negatively impact any of the surrounding residential communities with the
exception of Building 1. Building 1 was proposed as a three-story building but was only 12 feet
away from a single-family detached home abutting the project. Staff determined compatibility
would best be achieved by limiting the structure height to a maximum of two stories on Building
1.
The project has more than sufficient parking and meets the traffic performance standards of
Palm Beach County. Potable water and sanitary sewer requirements would not exceed supply.
Fire and Police determined the current staffing levels would be sufficient to meet the expected
demand for services. Mr. Johnson indicated the project had been compared to the required
criteria used to review projects that include an amendment to the Comprehensive Plan Future
Land Use Map and met all criteria.
Vice Chair Tillman left the meeting at 8:00 p.m.
10
Meetinn Minutes
Community Redevelopment Agency
Boynl Beach, Florida
-~_._- -
February 14, 2006
The di'corative cupolas are 46' 9" tall and do not meet the 45 feet zoning regulations. Staff
recommended reducing the cupola height to 45 feet or requiring the applicant to request
approval for a height exception. Staff reviewed the design of the buildings and found them to
be acceptable. The site plan had 61 conditions of approval.
Staff recommended approval of all requests, believing the proposed project would have a
positive impact on the values of adjacent properties and would contribute to the overall
economic development of the City.
The conditions of approval associated with the abandonment request relate to underground
utilities, which have to be redirected to the site through easement or the re-routing of N.E. 15th
Place.
There was one condition of approval for the land use amendment/rezoning since the subject
property lies within the hurricane evacuation zone. Projects having more than 50 units have to
have proper notification by homeowner's association in the event of a hurricane.
Vivian Brooks, CRA Planning Director, declared she had been working with the adjacent
neighborhood and the applicant for eight months. The applicant was more than willing to
address issues raised by the neighborhood. The neighborhood was concerned about the
proposed re-alignment and straightening of N.E. 15th Place to the south. There would be a large
amount of traffic generated by 61 units, especially at peak hours. The neighborhood requested
the applicant ask permission from the Florida Department of Transportation (FDOT) to create a
turn lane slightly to the north of the project to help alleviate this. Ms. Brooks learned the
applicant had now received that permission. The neighborhood also wanted the landscaping on
the medians of the new N.E. 15th Place to be significant enough so the homeowners would not
have a visual of Federal Highway. The CRA recommended approval with conditions.
Board Comments
Ms. Horenburger inquired whether the Inlet Cove Neighorhood Association (INCA) had reviewed
the plans and Chair Heavilin responded they had done so and were present.
AI Capellini, Atlantis Environmental Engineering, Inc., agent for applicant, introduced
himself and Slattery Associates, the project architects.
Chair Heavilin asked the applicant if he agreed with all conditions of approval and the response
was affirmative.
Kobe Cohen, the developer, indicated the project would meet the CRA's need for increased
residential to support retail. It would also reduce the discharge of stormwater by increasing the
amount of green area. And, they would be removing old buildings. In regard to the
abandonment of a portion of the N.E. 15th Place right-of-way, the applicant asked the City to
accept the dedication of the new road. All the necessary infrastructure changes would be
relocated to the new road and paid by the applicant.
11
Meeting Minutes
Community Redevelopment Agency
Boy; \Ion Beach, Florida
- ---.
February 14, 2006
Several Board members indicated they would be willing to waive the presentation by the
developer unless the public had questions. Mr. Norem asked whether the applicant had any
disagreements with staff's presentation and recommendations, and they had no disagreements.
Chair Heavilin asked what the applicant's intentions were in regard to condition of approval
#51, the alternatives for Building 1. Mr. Cohen responded they would be reducing the height of
Building 1 to two stories.
Chair Heavilin opened the floor for the public to speak.
Stanley Nitkowski, 670 N.E. 15th Place, Boynton Beach, 2006 INCA President and only
spokesman at this meeting, presented a letter summarizing the agreements between the
applicant and INCA. He asked to be able to read the summary of agreements. Chair Heavilin
asked if the contents of the summary had been included in the conditions of approval and Mr.
Nitkowski responded they had not been included.
A considerable discussion ensued. Although the Board was interested in accommodating INCA
and its requests, it was finally determined the requested revisions/agreements between INCA
and the developer would have to be submitted by the developer in a revised site plan
application, which staff could review and the Board could consider. It was made clear to the
INCA representative the Board could only approve plans that were before it, plans that had
been submitted and reviewed by City and CRA staff.
Although the changes seemed to relate to minor modifications such as fencing and landscaping,
one of the changes was the moving of a building by five feet. It was felt staff had to review the
proposed changes to determine whether they met City codes before making a recommendation.
Mr. Johnson explained modifications to site plans required staff review. Although it would seem
that increasing landscaping was acceptable, reducing setbacks and moving buildings might not
be acceptable. Staff would have to determine whether or not the modification(s) were major or
minor. If the recommendation was to approve the site plan at this meeting as is and there were
subsequent changes to the site plan, the changes would then be reviewed by staff. If the
changes were deemed minor, staff would handle them administratively. If the changes were
deemed major, a revised site plan would need to be brought before the CRA and the City
Commission for approval.
Ms. Horenburger introduced a motion but was advised it would have to follow the closing of the
Public Hearing.
Steve Homrich, 690 N.E. 15th Place, Boynton Beach, former INCA President, referred
to a dispute between a developer and the neighborhood a year ago that resulted in a
determination by INCA that in future, it would try to work out its concerns with the developer
before coming to the City. They had a little trouble with this one because the former Executive
CRA Director had not helped them get together and actually kept them apart. The day after the
former CRA Director resigned, the current CRA staff worked to get INCA together with the
developer. The plan on the table before them showed N.E. 15th Place would be straightened out
like an arrow right down to Federal Highway. Nobody wanted that. INCA and the developer had
worked hard to put a little curve back into the road and make some changes, all of which were
12
Meeting IvJinutes
Comm! IPity Redevelopment Agency
BOVIiI [3each, Florida
February 14, 2006
not stio'Nn on the plan before the Board. He said the Board was considering approval of a plan
that did not include any trees on the medians on the revised roadway. Those were the types of
changes they were talking about. They felt they were minor, but he hoped the Board would
include their landscaping requests, at least. He asked the Board to instruct the developer to
meet with INCA one more time so they could come forward to the City with a finalized site plan
that took their requests and agreements into consideration. He felt the changes were minor.
Ms. Horenburger said in the motion she was going to make, staff would be authorized to review
the proposed changes recommended by INCA.
Chair Heavilin closed the public hearing when no one else came forward.
Motion
Mr. Barretta moved to approve the request for land use plan amendment/rezoning for
Yachtsman's Cove, subject to all staff conditions. Mr. Myott seconded the motion that passed
6-0.
Motion
Mr. Barretta moved to approve the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR), related to the Yachtsman's Cove
request, subject to any conditions. Mr. Myott seconded the motion that passed 6-0.
Motion
Ms. Horenburger moved to approve Yachtsman's Cove's request for new site plan approval
NWSP 06-003, subject to satisfaction of all comments indicated in Exhibit C, Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the conditions of approval. The CRA recommends the City review
the adjustments and changes recommended by INCA. Mr. Barretta seconded the motion that
passed 6-0.
Motion
Mr. Barretta moved to approve Yachtsman's Cove's request for abandonment (ABAN 06-001),
and relocation of a portion of the N.E. 15th Place right-of-way per the approved site plan. Mr.
Myott seconded the motion that passed 6-0.
The Board complimented staff and the developer for the presentation of a nice project and a
much-needed improvement.
B. Land Use Plan Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Description:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request to amend the Comprehensive Plan
Future Land Use Map from Medium Density
Residential (MeDR) to Recreational (R); and
13
II
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY YACHTSMAN PROPERTIES, LLC, AND
8 LOCATED ON THE EAST SIDE OF FEDERAL
9 HIGHWAY APPROXIMATELY 375 FEET NORTH OF
10 THE BOYNTON (C-16) CANAL; CHANGING THE
11 LAND USE DESIGNATION FROM LOCAL RETAIL
12 COMMERCIAL (LRC) TO SPECIAL HIGH DENSITY
13 RESIDENTIAL (SHDR - 20 DUlAC); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Agency and City Commission finds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 0 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
31 herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Yachtsmans Cove.doc
II
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use ofthe following described land located on the east side of
4 Federal Highway approximately 375 feet north of the Boynton (C-16) Canal in Boynton
5 Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now be
6 designated as Special High Density Residential (SHDR - 20 du/ac):
7 Parcel No.1: Lot 19, Yachtman's Cove, according to the Plat thereof, as
8 recorded in Plat Book 31, Page 225, of the Public Records of Palm Beach
9 County, Florida.
10
11 Parcel No.2: Section 1, Coquina Cove, according to the Plat thereof, as
12 recorded in Plat Book 24, Page 14 of the Public Records of Palm Beach
13 County, Florida, LESS the right of way for U.S. Highway #1 (State Road 5)
14
15 Subject to easements, restrictions, reservation and rights of way of record.
16
1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
18 Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof be
21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
25 Land Development Regulation Act. No party shall be vested of any right by virtue of the
26 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
27 including appeals, are exhausted. In the event that the effective date is established by state law or
28 special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Yachtsmans Cove.doc
1/
11
I
FIRST READING this _ day of
,2006.
2
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 City Clerk
23
24 (Corporate Seal)
25
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\Yachtsmans Cove.doc
II
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF YACHTSMAN PROPERTIES,
6 LLC, AMENDING ORDINANCE 02-013 TO
7 REZONE A PARCEL OF LAND LOCATED ON
8 THE EAST SIDE OF FEDERAL HIGHWAY,
9 APPROXIMATELY 375 FEET NORTH OF THE
10 BOYNTON (C-16) CANAL, AS MORE FULLY
11 DESCRIBED HEREIN, FROM COMMUNITY
12 COMMERCIAL (C-3) TO INFILL PLANNED UNIT
13 DEVELOPMENT (IPUD); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN
15 EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
19 and
2 0 WHEREAS, Yachtsman Properties, LLC, owner of the property located on the east
21 side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal in
22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through
23 its agent, Atlantis Environmental Engineering, Inc., pursuant to Section 9 of Appendix A-
24 Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
25 rezoning a parcel of land, said land being more particularly described hereinafter, Community
26 Commercial (C-3) to Infill Planned Unit Development (IPUD); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
2 9 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA\OrdinancesIPlanning\RezoninglRezoning - Yachtsmans Cove.doc
II
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
Section 2.
The following described land located on the east side of Federal
9
10 Highway approximately 375 feet north of the Boynton (C-16) Canal in the City of Boynton
11 Beach, Florida, as set forth as follows:
12 Parcel No.1: Lot 19, Yachtman's Cove, according to the Plat thereof, as recorded in Plat
13 Book 31, Page 225, of the Public Records of Palm Beach County, Florida.
14
15 Parcel No.2: Section 1, Coquina Cove, according to the Plat thereof, as recorded in Plat
16 Book 24, Page 14 of the Public Records of Palm Beach County, Florida, LESS the right
1 7 of way for U.S. Highway #1 (State Road 5).
18
19 be and the same is hereby rezoned from Community Commercial (C-3) to Infull Planned Unit
20 Development (IPUD). A location map is attached hereto as Exhibit "A" and made a part of
2 1 this Ordinance by reference.
22 Section 3.
23 accordingly.
24 Section 4.
25 repealed.
26 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof
S :\CA \Ordinances\Planning\Rezoning\Rezoning - Yachtsmans Cove.doc
II
1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 remainder of this Ordinance.
3 Section 6. This ordinance shall become effective immediately upon passage.
4
FIRST READING this _ day of
, 2006.
5
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29
30 City Clerk
31
32 (Corporate Seal)
33
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Yachtsmans Cove.doc
LOCATION MAP
Yachtsman's Cove
Exhibit "A"
.
230
I
115
o
230
460
690
9~~eel W+E
S
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM B.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
0 December 6, 2005 November 14, 2005 (Noon.)
0 December 20, 2005 December 5, 2005 (Noon)
0 January 3, 2006 December 19,2005 (Noon)
0 January 17,2006 January 3, 2006 (Noon)
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o February 7, 2006
o February 2 I, 2006
January 17,2006 (Noon)
February 6, 2006 (Noon)
~ February 28, 2006
o March 2 I, 2006
February 21, 2006 (Noon)
-
. "~.--I
March 6, 2006 (Noon)' .
-~
r--;~'l
'~J
.J
0 Administrative 0 Development Plans U"J
NATURE OF 0 Consent Agenda 0 New Business --~
-.-."
AGENDA ITEM ~ Public Hearing ~ Legal
r",:' ~~~
0 Bids 0 UnfInished Business " ,)
...".-
0 Announcement 0 Presentation ';l~
0 City Manager's Report
RECOMMENDATION: Please place this request on the February 28,2006 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that
the subject request be approved on February 14, 2006, subject to all staff comments. For further details pertaining to the
request, see attached Department Memorandum No. PZ 06-018.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Yachtsman's Cove (ABAN 06-001)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal
Request to abandon a portion of the Northeast 15th Place right-of-way.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~
CIty Manager's Signature
Develop nt ep
2 () 2 ~
Planning and Z~ng irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Yachtsmans Cove\ABAN 06-00 I \Agenda [tern Request Yachtsman's Cove ABAN 05-008 2-28-06.dot
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-018
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
FROM:
Michael W. Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP t
Planner
February 8, 2006
Abandonment of a portion of the Northeast 15th Place right-of-way
ABAN 06-001
DATE:
SUBJECT:
NATURE OF REOUEST
Atlantis Environmental Engineering, Incorporated is requesting to abandon a portion of the 50-foot wide right-of-
way known as Northeast 15th Place, located on the east side of Federal Highway. The subject right-of-way is
located approximately 650 feet north of the Boynton (C-16) Canal and 2,850 feet south of the intersection Gateway
Boulevard and Federal Highway. The abandonment request was submitted on November 23, 2005. The portion of
the platted right-of-way to be abandoned is 50 feet in width and approximately 370 feet in length. The land area to
be abandoned would amount to 0.4518 acres (19,681.43 square feet) and is described as follows:
A portion of the Right-of-Way for N. E. 15th Place, as shown on the plat of YACHT MAN'S COVE, according to
the plat thereof, as recorded in Plat Book 31, Page 225, of the Public Records of Palm Beach County,
Florida, being more particularly described as follows:
BEGINNING at the Southwest Corner of Lot 19, YACHTMAN'S COVE, said point being further described as
being on the Northerly Right-of-Way Line of said N. E. 15th Place and the Easterly Right-of-Way Line of
Federal Highway U. S. 1; thence South 07042'00"West, along said Easterly Right-of-Way Line, a distance of
3.27 feet to the Point of Curvature of a circular curve to the left; thence Southerly and Westerly, along the
arc of said curve, and said Easterly Right-of-Way Line, having a radius of 7589.49 feet, through a central
angle of 00021'22", an arc distance of 47.18 feet to a point on the South Right-of-Way Line of said N. E. 15th
Place; thence South 89055'00" East, along said South Right-of-Way Line, a distance of 304.05 feet to the
Southwest Corner of said Lot 1 of said YACHTMAN'S COVE; thence North 07042'00" East, the West Line of
said Lot 1, and the Easterly Right-of-Way Line of said N. E. 15th Place, a distance of 88.51 feet to the Point
of Curvature of a circular curve to the right; thence Northerly and Easterly, along the arc of said curve,
having a radius of 50.00 feet, and a central angle of 82023'00", an arc distance of 71.89 feet to the Point of
Tangency, said point being further described as being on South Right-of-Way Line of said N. E. 15th Place;
thence North 89055'00" West, along the Westerly projection of said Right-of-Way line, a distance of 43.76
feet to a point; thence North 41006'30" West, a distance of 66.44 feet to a point on the East Line of said Lot
19, said point being further described as being on the West Right-of-Way Line of said N. E. 15th Place;
thence South 07042'00" West, along said East Line of Lot 19 and said Right-of-Way Line, a distance 88.50
feet to the Point of Curvature of a circular curve to the right; thence Southerly and Westerly, along the arc
of said curve, and the Southeasterly Line of said Lot 19, and the Northwesterly Right-of-Way Line of said N.
E. 15th Place, through a central angle of 82023'00", an arc distance of 71.89 feet to the Point of Tangency;
thence North 89055'00" West, along the South Line of said Lot 19, and the North Right-of-Way Line of said
N. E. 15th Place, a distance of 208.84 feet to a point on the East Right-of Way Line of Federal Highway U. S.
Page 2
Memorandum No. PZ 06-018
ABAN 06-018
1, said point being further described as being the Southwest Corner of said Lot 19 and the POINT OF
BEGINNING of this description.
The following is a description of the land uses and zoning districts of all properties that surround the subject right-
of-way.
Adjacent Uses:
North:
Developed commercial plaza, classified Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
South:
Developed commercial plaza, classified Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
East:
Developed single-family residential lots with a Low Density Residential
(LDR) land use classification and zoned Single-family Residential (R-1-AA);
and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for
the Florida East Coast (FEC) railroad.
BACKGROUND
Exhibit A - "Location Map" shows the general vicinity of the roadway to be abandoned. The right-of-way for
Northeast 15th Place, east of Federal Highway is approximately 975 feet in length. The applicant is requesting to
abandon the western one-third of the right-of-way where the roadway curves and connects with Federal Highway.
The remaining portion would remain intact to serve the existing 18 single-family homes via the proposed re-aligned
right-of-way connection to Federal Highway within the design of the townhouse project. Exhibit "B"- "Sketch of
Descprition" shows the exact location and dimensions of the subject site in conjunction with its legal description.
The subject right-of-way lies within the boundaries of the Plat of Yachtman's Cove. The plat, originally approved on
March 25, 1975, included 19 individual lots and submerged lands of the Intracoastal Waterway. The intent of this
abandonment request is to integrate the abandoned portion of the right-of-way into the design of the accompanying
site plan (NWSP 06-003) and reconfigure the right-of-way so that it connects with Federal Highway without any
curvature. Therefore, approval of this abandonment request is subject to the approval of the accompanying
request for land use amendment / rezoning (LUAR 06-003) and the aforementioned site plan (see Exhibit "C" -
Conditions of Approval). The applicant's title company representative certifies that no record title to the subject
property is vested in the City of Boynton Beach and there would be no encumbrances affecting the described
property .
ANALYSIS
When a right-of-way, such as this roadway, is abandoned, the ownership of the abandoned land is transferred from
the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an
abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and
the other half is conveyed to the other abutting property owner. In this case, the right-of-way would be located
totally within the proposed Yachtsman's Cove townhouse project. Adequate publiC notice was given to all affected
property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All
public utility companies have been notified and the abandonment request has been advertised in the local
newspaper.
Page 3
Memorandum No. PZ 06-018
ABAN 06-018
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
Approved with conditions (see Exhibit "C" - Conditions of
Approval).
No objection
Approval with conditions (see Exhibit "C" - Conditions of
Approval).
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Approval with conditions (see Exhibit "C" - Conditions of
Approval).
Approval with conditions (see Exhibit "c" - Conditions of
Approval).
Approval with conditions (see Exhibit "c" - Conditions of
Approval).
Approval with conditions (see Exhibit "c" - Conditions of
Approval).
N/A
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
All city departments and public utility providers have reviewed the subject abandonment request and are
recommending approval of it subject to satisfying the conditions of approval. Their conditions stem from the fact
that there are existing utility lines currently located within the subject right-of-way and each condition would ensure
an acceptable solution for maintaining the connection of said utilities to the existing single-family homes located
east of the subject property. Each public utility provider is requiring the dedication of utility easements, which
would provide for uninterrupted service, in conjunction with allowing legal access to the property for maintenance
or upgrade purposes. The realignment of Northeast 15th Place and the dedication of easements on the Yachtsman's
Cove site plan would be accomplished through the re-platting process, which would be overseen by the Engineering
Division. No building permits would be issued until the re-platting process is reviewed and approved by the City
Commission.
RECOMMENDATION
Staff has determined that although the portion of the subject right-of-way to be abandoned currently serves a
public purpose in its current configuration, the service it provides can be adequately accommodated by the
proposed relocation, and therefore recommends approval of the request to abandon a portion of the 50-foot
roadway as described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any
additional conditions recommended by the Community Redevelopment Agency Board meeting or City Commission
will be placed in Exhibit "C" - Conditions of Approval accordingly.
S:\Planning\SHARED\ WP\PROJ ECTS\ Y achtsmans Cove\ABAN 06-001 \Staff Report.doc
LOCATION MAP
Yachtsman's Cove
Exhibit "A"
.
230
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230
460
690
920
I Feet
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SKETCH OF DESCRIPTION
I
GRAPHIC SCALE
60 0 30
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60
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,
_ 59.50'
----1
( IN FEET )
1 inch = 60 ft.
I
,
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-J0l
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,
,
P .O.B.
. W. CORNER
LOT 19, YACHTSMAN'S COVE
LOT 19
Y ACHTMAN'S COVE
(P.B. 32, PG. 225)
~-OO"21'22.
-7589.490 S.-UNE LOT 1
L-47.18' N89"55'OO.W 208.840
EXHIBIT B
GAlEWAY BlVD.
BO'/N1'ON 1iCH. BLIID.
SllE
OCEAN
INlET DR.
LOCATION MAP
NOT TO SCALE
N.E. 15th PLACE
-<t
(50' R/W)
SS9 'OO.E
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N.E. 15th PLACE
/
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304.05.
in
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(O.R.B. 3896, PG. 1731
SECTION
COQUINA COVE
II
II
LEGEND:
P.O.C.
P.O.B.
ESNT.
U.E.
R/W
P.B.
O.R.B.
PG.
P.B.C.R.
S.F.
It
- POINT OF COMMENCEMENT
- POINT OF BEGINNING
- EASEMENT
- UllUTY EASEMENT.
- RIGHT-OF-WAY
- PLAT BOOK
- OfRetAL RECORD BOOI<
- PAGE
- PALM BEACH COUNTY RECORDS
- SQUARE FEET
- CENTERUNE
AREA NOlES:
OESCRIPllON AREA - 19.681.4381 S.F.jO.4518 ACRES ::t:
LOT 1 l
COQUINA COVE
(P.B. 24, PG. 14)
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DA VIS & PURMORT, INC.
LB #0007219
Land Surveyors . Land Development. Consultants . Planners
843 SOUTHEAST 8th AVENUE- DEERFlELO BEACH. FL 33441
Phone: (954) 421-9101 Ie (954) 698-9101 falC: (954)698-9722
Subdivisions &: Condominiums Land &: SIt.e PtannlnQ
Lot SuMys . Morttage Surveys. AcreaQe Sunep . Topogruphlc Sunep. ~ 1'IatlI. ConcIontium Plab . Conetructlon lIIyllUt
SCALE:
DRAWN BY:
DA Tf::
JOB NO:
F.B./pG.
FILE
SHEET NO. 3
1" = 60'
N.L.R.
01-09-06
05-1141RD2
N/A
OF 3
EXHIBIT B
DESCRIPTION:
Legal Description:
A portion of the Right-of-Way for N. E. 15th Place, as shown on the plat of
Y ACHTMAN' S COVE, according to the plat thereof, as recorded in Plat Book 31,
Page 225, of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
BEGINNING at the Southwest Corner of Lot 19, YACHTMAN'S COVE, said point being
further described as being on the Northerly Right-of-Way Line of said N. E. 15th Place and
the Easterly Right-of-Way Line of Federal HighwayU. S. 1; thence South 07042'00"
West, along said Easterly Right-of-Way Line, a distance of 3.27 feet to the Point of
Curvature of a circular curve to the left; thence Southerly and Westerly, along the arc of
said curve, and said Easterly Right-of-Way Line, having a radius of 7589.49 feet, through
a central angle of 00021 '22", an arc distance of 47.18 feet to a point on the South Right-of-
Way Line of said N. E. 15th Place; thence South 89055'00" East, along said South Right-
of- Way Line, a distance of 304.05 feet to the Southwest Corner of said Lot 1 of said
YACHTMAN'S COVE; thence North 07042'00" East, the West Line of said Lot 1, and
the Easterly Right-of- Way Line of said N. E. 15th Place, a distance of 88.51 feet to the
Point of Curvature of a circular curve to the right; thence Northerly and Easterly, along the
arc of said curve, having a radius of 50.00 feet, and a central angle of 82023 '00", an arc
distance of 71.89 feet to the Point of Tangency, said point being further described as being
on South Right-of-Way Line of said N. E. 15th Place; thence North 89055'00" West, along
the Westerly projection of said Right-of-Way line, a distance of 43.76 feet to a point;
thence North 41006'30" West, a distance of 66.44 feet to a point on the East Line of said
Lot 19, said point being further described as being on the West Right-of-Way Line of said
N. E. 15th Place; thence South 07042'00" West, along said East Line of Lot 19 and said
SUR~ NOlES:
,. All BEARINGS OR ANGlES SHOWN HEREON ARE BASED ON lHE
RECORD PlAT UNlESS OlHERWlSE HOlED.
2. lHIS SURVEY IS. HOT VAUD W1lHOUT lHE SUR\'EYOR'S SlGNAlURE
AND EMBOSSED SEAL
CERTlFlCA 1E:
, HEREBY CERl1FY THAT THE ATTACHED SKETCH or DESCRIPl10N or
THE DESCRIBED PROPER IS TRUE AND CORRECT TO THE BEST Of
MY KNOVlt.EDGE 0 AS SURVEYED UNDER MY DIRECTION.
01-09-06
DA VIS & PURMORT, INC.
SCALE:
DRAWN BY:
DATE:
JOB NO:
F.B./pG.
FILE
SHEET NO. 1
1" = 60'
N.L. R.
01-09-06
05-1141RD2
N/A
LB f0007219
Land Surveyors . Land Development. Consultants . Planners
843 SOUTHEAST 8th AVENUE- DEERFlELD BEACH. FL 33441
Phone: (954) 421-9101 & (954) 698-9101 fax: (954)698-9722
Subdivisions &: CondomIniums Land &: Site F'lannln'iil
lat SurieyI · Mol1Qage SuMyI. Acnaoe SurwyI . TopoorophIc Slneys. Record PIatI. CoItdamIo..... PIca. ContIrucIlon llI)'lllIt
OF 3
. .
EXHIBIT B
DESCRIPTION:
Right-of- Way Line, a distance 88.50 feet to the Point of Curvature of a circular curve to
the right; thence Southerly and Westerly, along the arc of said curve, and the Southeasterly
Line of said Lot 19, and the Northwesterly Right-of- Way Line of said N. E. 15th Place,
through a central angle of 82023 '00", an arc distance of 71.89 feet to the Point of
Tan'gency; thence North 89055'00" West, along the South Line of said Lot 19, and the
North Right-of-Way Line of said N. E. 15th Place, a distance of208.84 feet to a point on
the East Right-of Way Line of Federal Highway U. S. 1, said point being further described
as being the Southwest Corner of said Lot 19 and the POINT OF BEGINNING of this
description.
Said lands situate, lying and being in the City of BoyI1on Beach, Palm Beach County,
Florida.
legalslBanyanBay R WOverallJ an06
A
DA VIS & PURMORT, INC.
SCALE:
DRAWN BY:
DATE:
JOB NO:
F.B./pG.
FILE
SHEET NO. 2
La 10007219
Land Surveyors . Land Development. Consultants . Planners
843 SOun-tEAST 8th AVENUE- DEERFlELD BEACH. FL 33441
Phone: (954) 421-9101 & (954) 898-9101 fax: (954)898-9722
SubdIvisIons & Condominiums Land & SIte Planning
lot $UwyI . Moft9age SUntyI . kreaQe Suneys. TClp09l'GIlhIc Suneys. Reconl PIalI. CondomInIum Platt. ConttructIon Layout
1" = 60'
N.L.R.
01-09-06
OS-114-1RD2
N/A
OF 3
EXHIBIT "e"
Conditions of Approval
Project name: Yachtsman's Cove (Northeast 15th Place) Abandonment
File number: ABAN 06-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. This abandonment shall not take effect until the proposed relocated portion of X
Northeast 15th Place had been reviewed and accepted by the City Commission
through the re-platting of the existing Yachtman's Cove commercial area into
the proposed townhouse development.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
2. Approval of this abandonment request is subject to the approval of the X
accompanying request for land use amendment / rezoning (LUAR 06-003),
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
and site plan (NWSP 06-003).
PUBLIC UTILITY PROVIDERS
Comments:
3. Adelphia: It will be necessary to provide a utility easement in this area or if X
the proposed development will not accommodate a utility easement, Adelphia
will need to relocate our buried facilities to a mutually agreed upon location.
This relocation will be funded by the reauesting party.
4. Florida Public Utilities: Florida Public Utilities Company has existing gas X
facilities within the referenced area. We must, therefore, object to your
request unless all related relocation expenses will be paid by the party
requesting the abandonment by the date specified by Florida Public Utilities
Company.
5. Bellsouth: Bellsouth has buried facilities and a cross-connect cabinet in the X
. . . To facilitate the abandonment request, it will be necessary to
vIcImty.
provide a utility easement in this area or Bellsouth will need to relocate our
buried plant to a mutually agreeable location. The relocation will be funded
by the requested party.
6. FP&L: FP&L will need to establish a new route to serve the eXIstmg X
customers on Northeast 15th Place, Ocean Inlet Drive, and South Shore Drive;
Easements to be obtained, secured, and recorded by the developer;
The re-routed FP&L facilities must be constructed and energized prior to the
removal of the old facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
7. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
8. To be determined.
S:\Planning\SHAREDI WP\PROJECTS\ Yachtsmans CovelABAN 06-001 \COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Yachtsman's Cove (Northeast 15th Place) Abandonment
APPLICANT'S AGENT: Atlantis Environmental Engineering, Inc.
APPLICANT'S ADDRESS: 1311 West Newport Center Drive, Suite C Deerfield Beach, FL 33442
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 28, 2006
TYPE OF RELIEF SOUGHT: Request to abandon a portion of the Northeast 15th Place right-of-way
(Yachtman's Cove plat).
LOCATION OF PROPERTY: Located approximately 650 feet north of the Boynton (C-16) Canal and 2,850
feet south of the intersection Gateway Boulevard and Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTSWachtsmans Cove\ABAN 06-001 \DO .doc
MEMORANDUM
February 22, 2006
TO: Mayor Taylor, Mr. McCray, Mr. Mct'oy, Mr. Ensler, Mr. Ferguson, Kurt Bressner,
James Cheroff, Mike Rumpf
FROM: Stan Nitkowski, President INCA
SUBJECT: Yachtsman's Cove Townhome Agreement
------------------------------------------------------------------------------------------------------------
This memo is intended to summarize the five site plan conditions for the Yachtsman's
Cove Townhomes as agreed to by the Developer and INCA. Details for each point listed
below is attached.
1. Adjust the landscaping in the center medians on 15th Place and along the southeast wall
along Ocean Inlet Drive.
2. Extend the concrete wall, which makes up the projects southeastern border, to replace
what presently exists.
3. The sidewalks from the southeaster (A) unit on Building #12, the southern most
building, is to be reconfigured to not exit onto Ocean Inlet Drive.
4. Include a low landscaped fence structure in front of Building #12
5. Increase the setback on the southern border.
RECEIVED
FEB 2 2 2006
CITY MAN.AGER'S OFFICE
February 21, 2006
Mr. Michael Rumpf
Planning and Zoning Director
City of Boynton Beach
P.o. Box 310
Boynton Beach, FL 33425
Dear Mike,
This letter is meant to summarize the agreed to compromises made between the
Yachtsman's Cove Town home project and INCA. As you know, we have been in
continuous discussions over the last several months in an attempt to better the project and
help it find its place more seamlessly within the neighboring community.
To this end, Banyan Development has worked very diligently to garner the support of
INCA and its members, in the hopes of presenting a unified front to both the CRA Board
as well as the City Commission. In order to achieve this unity, Banyan Development and
INCA have been in constant communication. It is from these dialogues, for the expressed
purposes of forming a consensus that these 5 revisions to the project's site plan have
ansen.
The following is a brief narrative about the proposed compromises and their
justifications:
1) Adjust the landscaping in the center medians on lStb Place and along the
southeast wall along Ocean Inlet Drive.
Currently, the shape ofNE 15th Place provides a buffer between the homes to the
east and Federal Highway. With the re-alignment of the street some of the natural
buffering is lost. To help offset this INCA has asked for, and Banyan Development has
agreed to adjust the landscape plan to provide additional height and/or coverage to the
median's canopy. The new plan calls for a combination of ground cover, a signatw"e
Live Oak and Sabal Palms to be placed in the medians. Clusters of tall Sabal Palms have
been added to both sides of 15th Place where the project meets the single family
residences and along the southeastern wall along Ocean Inlet Drive to buffer the three-
story townhomes from the residences.
2) Extend the concrete walJ, which makes up the projects southeastern border, to
replace what presently exists.
INCA had asked that the eastern wall per plan, which now terminates with the
pool fencing, be extended to help shield the single family residences directly on the
corner from oncoming headlights. This change will extend the wall to where it presently
exists today and allow it to terminate after the parking spaces on the projects southeastern
comer. A section of the AS IS site survey has been included to illustrate the walls
present location.
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3) Tbe sidewalks from tbe southeaster (A) uoit on Building #12, the southem most
building, is to be reconfigured to not exit onto Ocean Inlet Drive.
TIris change would require the southeastern most walkway begin adjacent to the
two parking spaces in the southeastern comer and terminate at the end units door. INCA
had requested this change in order to reduce the number of outgoing sidewalks onto
Ocean Inlet Drive and to help discourage parking and congestion on this drive. Banyan
Development felt that this change was not only acceptable but increased the utility of the
sidewalk for the dwelling by aligning the walk to best service their guests aniving at the
closest guest parking spaces.
4) Include a low landscaped fence stnJcture in front of Building #12.
INCA had asked, for the purposes of symmetry. to have some type of fence detail
included on Ocean Inlet Drive to balance the Gated Murano Bay Community to the
south. Originally. we had proposed a 30" picket fence which INCA felt was insufficient
and asked for a 4S"stTUcture. We have agreed to a 36" compromise with gates on each of
the 4 remaining walks onto Ocean Inlet Drive.
5) Increase tbe setback on the southern border.
INCA requested additional relieffrom our project's 10' setback on Ocean Inlet
Drive. By keeping the position of the SE unit stationary and pivoting Building #12 a few
degrees we were able to extend the buffer between 0' -7'.
These changes, while minor to the overall scope of the project, have proven important to
INCA's efforts to build support for the development. and as such both parties are in favor
of their inclusion.
Mike, as you can see this is probably the best example of cooperation between a
developer and its neighbors. It is in keeping with this spirit that we now ask the City to
join us in sustaining this cooperative effort by allowing at least the first four points to
either be included on the site plan prior to the Commission Meeting on the 28th or be
attached as notes to the project. If the 5th point cannot be included at this time, we would
like to add it as an amendment at the earliest possible dateo
Kony Cohen
Banyan Development
Tri
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Meeting Minutes
Community Redevelopment Agency
!3oy~!(m Beach, Florida
February 14, 2006
analysis, some funds had to be authorized to do that. Ms. Horenburger did not think the CRA
was doing the feasibility analysis. Ms. Brooks stated the CRA had to do a site plan as a general
partner. The money would be put up and received back at the end. It would count as a share
towards the partnership.
Vice Chair Tillman asked to be updated regularly on this.
Chair Heavilin thought the partnership agreement was a separate issue from the self-assembly
group development proposal and site plan.
Ms. Bright said she had been given direction at the previous month's meeting to negotiate a
contract with Treasure Coast Regional Planning Council regarding the feasibility study of the
HOB area. Staff had just gotten a proposal back from Treasure Coast at 5 p.m. today. The
timeline given in the proposal, if approved by the Board, was eight weeks.
Mr. DeMarco believed there were five acres in the HOB that would be available, with help from
the City to purchase, where they could at least start building some apartment units. The units
could be 1 bedroom 1 bath or 2 bedroom 2 bath. There could be a recreation center and pool
and accommodations where people could enjoy life, especially senior citizens. The complex
could be from 100 to 150 units and be reasonable to purchase if the City owned the land. He
thought the 1 bedroom 1 bath units could be built for $100K and 2 bedrooms 2 bath for $lS0K.
He believed everyone should think positively about this and just move forward on it. There was
a way to do it if the community, the CRA and the City worked as a team.
Chair Heavilin felt a month's delay was very important in light of the rapidly rising market costs.
She mentioned the "paralysis of analysis." She felt the CRA should get back to what the
community needed.
Mr. Norem called the question.
The motion passed 7-0.
VI. Public Hearing
Attorney Spillias asked the Board members if they had any ex parte communications with the
developers having projects before the Board at this meeting. Chair Heavilin indicated she had
been present at a meeting where some of the plans for Yachtsman's Cove had been presented.
Attorney Spillias swore in all the persons who expected to speak during the public hearing.
A. Land Use Amendment Plan Amendment Rezoning
Description:
Yachtsman's Cove (LUAR 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request to amend the Comprehensive Plan
Future Land Use Map from Local Retail
1.
Project:
Agent:
Owner:
Location:
9
Meeting Minutes
COfT'r"l' !nit'i Redevelopment Agency
BO'tc 'iell, Florida
February 14, 2006
Commercial (LRC) to Special High Density
Residential (SHDR); and
proposed Use:
Request to rezone
Commercial (C-3) to
Unit Development
61 townhouse units
from Community
IPUD Infill Planned
Abandonment
Description:
Yachtsman's Cove (ABAN 06-001)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request to abandon a portion of the
Northeast 15th Place right-of-way
2.
Project:
Agent:
Owner:
Location:
New Site Plan
Description:
Yachtsman's Cove (NWSP 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request new site plan approval to construct
612 fee-simple townhouse units and related
site improvements on a 3.3S-acre parcel in
the Infill Planned Unit Development (IPUD)
zoning district
3.
Project:
Agent:
Owner:
Location:
Eric Johnson, Planner, presented all three Yachtsman's Cove items at the same time. Staff
recommended approval of the land use amendment and rezoning, new site plan, and
abandonment, with conditions. The buildings were presented as two and three-story buildings
and did not negatively impact any of the surrounding residential communities with the
exception of Building 1. Building 1 was proposed as a three-story building but was only 12 feet
away from a single-family detached home abutting the project. Staff determined compatibility
would best be achieved by limiting the structure height to a maximum of two stories on Building
1.
The project has more than sufficient parking and meets the traffic performance standards of
Palm Beach County. Potable water and sanitary sewer requirements would not exceed supply.
Fire and Police determined the current staffing levels would be sufficient to meet the expected
demand for services. Mr. Johnson indicated the project had been compared to the required
criteria used to review projects that include an amendment to the Comprehensive Plan Future
Land Use Map and met all criteria.
Vice Chair Tillman left the meeting at 8:00 p.m.
10
Meetinq Minutes
Community Redevelopment Agency
BC;-11 Eseach, Florida
February 14, 2006
Thr- d~'corative cupolas are 46' 9" tall and do not meet the 45 feet zoning regulations. Staff
recommended reducing the cupola height to 45 feet or requiring the applicant to request
approval for a height exception. Staff reviewed the design of the buildings and found them to
be acceptable. The site plan had 61 conditions of approval.
Staff recommended approval of all requests, believing the proposed project would have a
positive impact on the values of adjacent properties and would contribute to the overall
economic development of the City.
The conditions of approval associated with the abandonment request relate to underground
utilities, which have to be redirected to the site through easement or the re-routing of N.E. 15th
Place.
There was one condition of approval for the land use amendment/rezoning since the subject
property lies within the hurricane evacuation zone. Projects having more than 50 units have to
have proper notification by homeowner's association in the event of a hurricane.
Vivian Brooks, CRA Planning Director, declared she had been working with the adjacent
neighborhood and the applicant for eight months. The applicant was more than willing to
address issues raised by the neighborhood. The neighborhood was concerned about the
proposed re-alignment and straightening of N.E. 15th Place to the south. There would be a large
amount of traffic generated by 61 units, especially at peak hours. The neighborhood requested
the applicant ask permission from the Florida Department of Transportation (FDOT) to create a
turn lane slightly to the north of the project to help alleviate this. Ms. Brooks learned the
applicant had now received that permission. The neighborhood also wanted the landscaping on
the medians of the new N.E. 15th Place to be significant enough so the homeowners would not
have a visual of Federal Highway. The CRA recommended approval with conditions.
Board Comments
Ms. Horenburger inquired whether the Inlet Cove Neighorhood Association (INCA) had reviewed
the plans and Chair Heavilin responded they had done so and were present.
AI Capellini, Atlantis Environmental Engineering, Inc., agent for applicant, introduced
himself and Slattery Associates, the project architects.
Chair Heavilin asked the applicant if he agreed with all conditions of approval and the response
was affirmative.
Kobe Cohen, the developer, indicated the project would meet the CRA's need for increased
residential to support retail. It would also reduce the discharge of stormwater by increasing the
amount of green area. And, they would be removing old buildings. In regard to the
abandonment of a portion of the N.E. 15th Place right-of-way, the applicant asked the City to
accept the dedication of the new road. All the necessary infrastructure changes would be
relocated to the new road and paid by the applicant.
11
Meetinq ~;, :)es
Comrr 11:1'. Redevelopment Agency
Bo' d., .dl, Florida
February 14, 2006
Sf' ,:::l: members indicated they would be willing to waive the presentation by the
developer unless the public had questions. Mr. Norem asked whether the applicant had any
disagreements with staff's presentation and recommendations, and they had no disagreements.
Chair Heavilin asked what the applicant's intentions were in regard to condition of approval
#51, the alternatives for Building 1. Mr. Cohen responded they would be reducing the height of
Building 1 to two stories.
Chair Heavilin opened the floor for the public to speak.
Stanley Nitkowski, 670 N.E. 15th Place, Boynton Beach, 2006 INCA President and only
spokesman at this meeting, presented a letter summarizing the agreements between the
applicant and INCA. He asked to be able to read the summary of agreements. Chair Heavilin
asked if the contents of the summary had been included in the conditions of approval and Mr.
Nitkowski responded they had not been included.
A considerable discussion ensued. Although the Board was interested in accommodating INCA
and its requests, it was finally determined the requested revisions/agreements between INCA
and the developer would have to be submitted by the developer in a revised site plan
application, which staff could review and the Board could consider. It was made clear to the
INCA representative the Board could only approve plans that were before it, plans that had
been submitted and reviewed by City and CRA staff.
Although the changes seemed to relate to minor modifications such as fencing and landscaping,
one of the changes was the moving of a building by five feet. It was felt staff had to review the
proposed changes to determine whether they met City codes before making a recommendation.
Mr. Johnson explained modifications to site plans required staff review. Although it would seem
that increasing landscaping was acceptable, reducing setbacks and moving buildings might not
be acceptable. Staff would have to determine whether or not the modification(s) were major or
minor. If the recommendation was to approve the site plan at this meeting as is and there were
subsequent changes to the site plan, the changes would then be reviewed by staff. If the
changes were deemed minor, staff would handle them administratively. If the changes were
deemed major, a revised site plan would need to be brought before the CRA and the City
Commission for approval.
Ms. Horenburger introduced a motion but was advised it would have to follow the closing of the
Public Hearing.
Steve Homrich, 690 N.E. 15th Place, Boynton Beach, former INCA President, referred
to a dispute between a developer and the neighborhood a year ago that resulted in a
determination by INCA that in future, it would try to work out its concerns with the developer
before coming to the City. They had a little trouble with this one because the former Executive
CRA Director had not helped them get together and actually kept them apart. The day after the
forrne,':":Rf, Director resigned, the current CRA staff worked to get INCA together with the
developer. The plan on the table before them showed N.E. 15th Place would be straightened out
like an cHieN, right down to Federal Highway. Nobody wanted that. INCA and the developer had
worked hard to put a little curve back into the road and make some changes, all of which were
12
Meeting Minutes
Community Redevelopment Agency
BoyntJn Beach, Florida
February 14, 2006
not sf 1,)Wn on the plan before the Board. He said the Board was considering approval of a plan
that did not include any trees on the medians on the revised roadway. Those were the types of
changes they were talking about. They felt they were minor, but he hoped the Board would
include their landscaping requests, at least. He asked the Board to instruct the developer to
meet with INCA one more time so they could come forward to the City with a finalized site plan
that took their requests and agreements into consideration. He felt the changes were minor.
Ms. Horenburger said in the motion she was going to make, staff would be authorized to review
the proposed changes recommended by INCA.
Chair Heavilin closed the public hearing when no one else came forward.
Motion
Mr. Barretta moved to approve the request for land use plan amendment/rezoning for
Yachtsman's Cove, subject to all staff conditions. Mr. Myott seconded the motion that passed
6-0.
Motion
Mr. Barretta moved to approve the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR), related to the Yachtsman's Cove
request, subject to any conditions. Mr. Myott seconded the motion that passed 6-0.
Motion
Ms. Horenburger moved to approve Yachtsman's Cove's request for new site plan approval
NWSP 06-003, subject to satisfaction of all comments indicated in Exhibit C, Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the conditions of approval. The CRA recommends the City review
the adjustments and changes recommended by INCA. Mr. Barretta seconded the motion that
passed 6-0.
Motion
Mr. Barretta moved to approve Yachtsman's Cove's request for abandonment (ABAN 06-001),
and relocation of a portion of the N.E. 15th Place right-of-way per the approved site plan. Mr.
Myott seconded the motion that passed 6-0.
The Board complimented staff and the developer for the presentation of a nice project and a
much-needed improvement.
B. Land Use Plan Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Description:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request to amend the Comprehensive Plan
Future Land Use Map from Medium Density
Residential (MeDR) to Recreational (R); and
13
II
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A PORTION OF THE 50 FOOT WIDE RIGHT-OF-
6 WAY KNOWN AS NORTHEAST 15TH PLACE,
7 LOCATED ON THE EAST SIDE OF FEDERAL
8 HIGHWAY APPROXIMATELY 650 FEET NORTH OF
9 THE BOYNTON (C-16) CANAL, SUBJECT TO STAFF
10 COMMENTS; AUTHORIZING THE CITY MANAGER
11 TO EXECUTE A DISCLAIMER, WHICH SHALL BE
12 RECORDED WITH THIS ORDINANCE IN THE
13 PUBLIC RECORDS OF PALM BEACH COUNTY,
14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, Atlantis Environmental Engineering, Inc., as agent, is requesting the
18 abandonment of a portion of the SO foot wide right of way known as Northeast lSth Place,
19 located on the east side of Federal Highway. The subject right-of-way is located approximately
20 6S0 feet north of the Boynton (C-16) Canal and 2,8S0 feet south of the intersection Gateway
21 Boulevard and Federal Highway, subject to staff comments; and
22
23 WHEREAS, comments have been solicited from the appropriate City Departments, and
24 public hearings have been held before the City's Community Redevelopment Agency, and the
25 City Commission on the proposed abandonment; and
26
27 WHEREAS, staffhas determined that although the subject right-of-way currently serves
28 a public purpose in its current configuration, the service it provides can be adequately
29 accommodated by the proposed relocation and therefore recommends approval subject to staf
30 comments.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
33 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
34
35 Section 1. The foregoing Whereas clauses are true and correct and incorporated
36 herein by this reference.
37
38 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
39 abandon a portion of the SO-foot wide right-of-way known as Northeast lSth Place, located on
40 the east side of Federal Highway The subject right-of-way is located approximately 6S0 feet
41 north of the Boynton (C-16) Canal and 2,8S0 feet south of the intersection of Gateway
42 Boulevard and Federal Highway, subject to staff comments, and more particularly described in
43 the attached Exhibit "A." A location map is attached hereto as Exhibit "R"
S:ICA IOrdinanceslAbandonmenlsl Yachtsmans Cove.doc
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II
Section 3. This abandonment shall not take effect until the proposed relocated
portion of NE 15th Place had been reviewed and accepted by the City Commission through the
re-platting of the existing Yachtman's Cove commercial area into the proposed townhome
development.
Section 4. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section s. This Ordinance shall take effect immediately upon passage subject to
delayed implementation as set forth above.
FIRST READING this _ day of
,2006.
SECOND, FINAL READING AND PASSAGE THIS _day of
2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:ICA IOrdinanceslAbandonmentslYachtsmans Cove .doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
a portion of the 50-foot wide right-of-way known as Northeast 15th Place, located on the east
side of Federal Highway The subject right-of-way is located approximately 650 feet north of
the Boynton (C-16) Canal and 2,850 feet south of the intersection of Gateway Boulevard and
Federal Highway, subject to staff comments, and more particularly described in the attached
Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
day of , 2006.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito Kurt Bressner, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
WITNESS my hand and official seal in the said State and County this _ day of
,2006.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:ICA IOrdinanceslAbandonmentslYachtsmans Cove.doc
Legal Description:
A portion of the Right-of-Way for N. E. 15th Place, as shown on the plat of
Y ACHTMAN'S COVE, according to the plat thereof, as recorded in Plat Book
31, Page 225, of the Public Records of Palm Beach County, Florida, being
more particularly described as follows:
BEGINNING at the Southwest Comer of Lot 19, Y ACHTMAN'S COVE, said
point being further described as being on the Northerly Right-of-Way Line of said
N. E. 15th Place and the Easterly Right-of-Way Line of Federal Highway U. S. 1;
thence South 07042'00" West, along said Easterly Right-of-Way Line, a distance
of 3.27 feet to the Point of Curvature of a circular curve to the left; thence
Southerly and Westerly, along the arc of said curve, and said Easterly Right-of-
Way Line, having a radius of 7589.49 feet, through a central angle of 00021 '22",
an arc distance of 47.18 feet to a point on the South Right-of-Way Line of said N.
E. 15th Place; thence South 89055'00" East, along said South Right-of-Way Line, a
distance of 304.05 feet to the Southwest Comer of said Lot 1 of said
Y ACHTMAN'S COVE; thence North 07042'00" East, the West Line of said Lot
1, and the Easterly Right-of-Way Line of said N. E. 15th Place, a distance of 88.51
feet to the Point of Curvature of a circular curve to the right; thence Northerly and
Easterly, along the arc of said curve, having a radius of 50.00 feet, and a central
angle of 82023'00", an arc distance of 71.89 feet to the Point of Tangency, said
point being further described as being on South Right-of-Way Line of said N. E.
15th Place; thence North 89055'00" West, along the Westerly projection of said
Right-of-Way line, a distance of 43.76 feet to a point; thence North 41006'30"
West, a distance of 66.44 feet to a point on the East Line of said Lot 19, said point
being further described as being on the West Right-of-Way Line of said N. E. 15th
Place; thence South 07042'00" West, along said East Line of Lot 19 and said
Right-of-Way Line, a distance 88.50 feet to the Point of Curvature of a circular
curve to the right; thence Southerly and Westerly, along the arc of said curve, and
the Southeasterly Line of said Lot 19, and the Northwesterly Right-of-Way Line of
said N. E. 15th Place, through a central angle of 82023'00", an arc distance of71.89
feet to the Point of Tangency; thence North 89055'00" West, along the South Line
of said Lot 19, and the North Right-of-Way Line of said N. E. 15th Place, a
distance of 208.84 feet to a point on the East Right-of Way Line of Federal
Highway U. S. 1, said point being further described as being the Southwest Comer
of said Lot 19 and the POINT OF BEGINNING of this description.
Said lands situate, lying and being in the City of Boynton Beach, Palm Beach
County, Florida.
. III /1
E YNJI)I T l-t
LOCATION MAP
Yachtsman's Cove
Exhibit "/3"
.
230
I
115
o
230
460
690
920
I Feet
N
+
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
a portion of the SO-foot wide right-of-way known as Northeast 1Sth Place, located on the east
side of Federal Highway The subject right-of-way is located approximately 6S0 feet north of
the Boynton (C-16) Canal and 2,8S0 feet south of the intersection of Gateway Boulevard and
Federal Highway, subject to staff comments, and more particularly described in the attached
Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
day of , 2006.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito Kurt Bressner, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
WITNESS my hand and official seal in the said State and County this _ day of
,2006.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA \OrdinanceslAbandonmenls\Yachlsmans Cove.doc
Legal Description:
A portion of the Right-of-Way for N. E. 15th Place, as shown on the plat of
Y ACHTMAN'S COVE, according to the plat thereof, as recorded in Plat Book
31, Page 225, of the Public Records of Palm Beach County, Florida, being
more particularly described as follows:
BEGINNING at the Southwest Comer of Lot 19, YACHTMAN'S COVE, said
point being further described as being on the Northerly Right-of-Way Line of said
N. E. 15th Place and the Easterly Right-of-Way Line of Federal Highway U. S. 1;
thence South 07042'00" West, along said Easterly Right-of-Way Line, a distance
of 3.27 feet to the Point of Curvature of a circular curve to the left; thence
Southerly and Westerly, along the arc of said curve, and said Easterly Right-of-
Way Line, having a radius of 7589.49 feet, through a central angle of 00021 '22",
an arc distance of 47.18 feet to a point on the South Right-of-Way Line of said N.
E. 15th Place; thence South 89055'00" East, along said South Right-of-Way Line, a
distance of 304.05 feet to the Southwest Comer of said Lot 1 of said
YACHTMAN'S COVE; thence North 07042'00" East, the West Line of said Lot
1, and the Easterly Right-of-Way Line of said N. E. 15th Place, a distance of 88.51
feet to the Point of Curvature of a circular curve to the right; thence Northerly and
Easterly, along the arc of said curve, having a radius of 50.00 feet, and a central
angle of 82023'00", an arc distance of 71.89 feet to the Point of Tangency, said
point being further described as being on South Right-of-Way Line of said N. E.
15th Place; thence North 89055'00" West, along the Westerly projection of said
Right-of-Way line, a distance of 43.76 feet to a point; thence North 41006'30"
West, a distance of 66.44 feet to a point on the East Line of said Lot 19, said point
being further described as being on the West Right-of-Way Line of said N. E. 15th
Place; thence South 07042'00" West, along said East Line of Lot 19 and said
Right-of-Way Line, a distance 88.50 feet to the Point of Curvature of a circular
curve to the right; thence Southerly and Westerly, along the arc of said curve, and
the Southeasterly Line of said Lot 19, and the Northwesterly Right-of-Way Line of
said N. E. 15th Place, through a central angle of 82023'00", an arc distance of71.89
feet to the Point of Tangency; thence North 89055'00" West, along the South Line
of said Lot 19, and the North Right-of-Way Line of said N. E. 15th Place, a
distance of 208.84 feet to a point on the East Right-of Way Line of Federal
Highway U. S. 1, said point being further described as being the Southwest Comer
of said Lot 19 and the POINT OF BEGINNING of this description.
Said lands situate, lying and being in the City of Boynton Beach, Palm Beach
County, Florida.
E- yAl /13/ T ll)4 /1
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
0 December 6, 2005 November 14, 2005 (Noon.) 0 February 7, 2006 January 17, 2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon)
,
0 January 3, 2006 December 19,2005 (Noon) [8J February 28, 2006 February 21, 2006 (Noon)
--I
0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) ,~, .;
I..~; ~
0 0 .......,.-'-1
Administrative Development Plans ,_. l~~
,,-
0 Consent Agenda 0 New Business ..., ~) , :,-,-,::>
NATURE OF '., . .~ \' ;"~i
AGENDA ITEM [8J Public Hearing 0 Legal ' ) .--:" J;:;>
~--)
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the February 28,2006 City Commission Agenda under
Public Hearing to coincide with the corresponding land use amendment, rezoning and abandonment requests. The Community
Redevelopment Agency Board recommended that the subject request be approved on February 14, 2006, subject to all staff
comments and the additional condition that staff consider the comments from INCA, as agreed upon by the applicant, and
consider as a subsequently processed minor modification request. So that final approval of the amendment, rezoning and
abandonment applications precede consideration of this new site plan request, staff recommends that this item be heard but
then tabled to the March 2151 meeting for final action to follow ordinance approval. For further details pertaining to the
request, see attached Department Memorandum No. PZ 06-015.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Yachtsman's Cove (NWSP 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal
Request new site plan approval to construct 61 fee-simple townhouse units and related
site improvements on a 3.35-acre parcel in the Infill Planned Unit Development (IPUD)
zoning district.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme pa ent Direct City Manager's Signature
p~~ ~Drro"", Cdy Atlnmoy / 'man" / Human R"oW"c,"
S:\Planning\SHARED\WP\PROJECTS\Yachtsmans Cove\NWSP 06-003\Agenda Item Request Yachtsman's Cove NWSP 06-003) 2-28-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-015
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
FROM:
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP ~
Planner ()
February 8, 2006
DATE:
PROJECT NAME/NO:
Yachtsman's Cove / NWSP 006-003
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner: Yachtsman Properties, LLC
Applicant: Yachtsman Properties, LLC
Agent: Atlantis Environmental Engineering, Inc.
Location: On the east side of Federal Highway, approximately 375 feet north of the
Boynton (C-16) Canal (Location Map - Exhibit "A'j
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 61 fee-simple townhouse units
Acreage: ::1:3.35 acres
Adjacent Uses:
North:
An existing mobile home park recently approved for condominiums and
townhouse units (Seaview Park Club) with a Special High Density
Residential (SHDR) land use classification and zoned Infill Planned Unit
Development (IPUD);
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 2
South:
Right-of-way for Ocean Inlet Drive, then farther south is developed
property (Murano Bay) with a Special High Density Residential (SHDR)
land use classification and zoned Infill Planned Unit Development (IPUD);
East:
Developed single-family residential lots with a Low Density Residential
(LDR) land use classification and zoned Single-family Residential (R-1-AA);
and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for
the Florida East Coast (FEC) railroad.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject site plan 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 property is comprised of two (2) irregular-shaped parcels separated by
the Northeast 15th Place right-of-way. The property lies within Study Area I of the
Federal Highway Corridor Redevelopment Plan. The survey shows the parcels are
currently developed with one (l)-story commercial buildings, parking areas, and
lighting fixtures. No ground elevations were shown on the survey.
BACKGROUND
Proposal:
Atlantis Environmental Engineering, Incorporated, agent for Yachtsman Properties,
LLC is proposing a new site plan for 61 fee-simple townhouse units. As previously
mentioned, the subject parcels are located within Study Area I of the Federal
Highway Corridor Redevelopment Plan. The Redevelopment Plan allows for higher
residential densities within this area, above the current density of 10.8 dwelling
units per acre allowed by the Local Retail Commercial (LRC) land use classification.
The developer is simultaneously requesting to reclassify the land use from LRC to
Special High Density Residential (SHDR) and rezone from Community Commercial
(C-3) to Infill Planned Unit Development (IPUD). Also, the developer is requesting
to abandon the curved portion of Northeast 15th Place, where it currently dissects
the subject property into two (2) lots. The intent is to abandon the roadway,
straighten its configuration, and re-align it approximately 100 feet to the north
(measured at the centerline) to connect to Federal Highway. In should be noted
that Northeast 15th Place would still remain as a public right-of-way. Therefore,
approval of this project is contingent upon the approval of the corresponding
requests for abandonment (ABAN 06-001) and land use change / rezoning. The
north parcel would be 0.943 acres and the south parcel would be 2.237 acres.
Fee-simple townhouses are permitted uses in the IPUD zoning district. Under the
Special High Density Residential land use category, the maximum allowable project
density would allow for 67 dwelling units. However, the project proposes a total of
61 dwelling units, which equals a density of 18.2 dwelling units per acre. The
entire project would be built in one (1) phase with the completion of the first
building anticipated in November of 2006.
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 3
Concurrency:
Traffic:
Utilities:
ANALYSIS
A traffic study 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 determined that the proposed redevelopment project meets the
Traffic Performance Standards of Palm Beach County. Furthermore, the County
would support the re-alignment of the eastern segment of Northeast 15th Place, to
align with the segment west of Federal Highway, to eliminate the 110 foot offset.
The Division suggests the developer conduct a "traffic signal warrant analysis" at
the re-aligned intersection, as suggested by the developer's traffic engineer. The
traffic concurrency approval is subject to the Project Aggregation Rules set forth in
the Traffic Performance Standards Ordinance. No building permits are to be issued
after the build-out date of 2008 (see Exhibit "C" - Conditions of Approval).
The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project (project estimated to require a total of
26,300 gallons per day). Local piping and infrastructure improvements may be
required, especially on the water delivery system for the project, depending upon
the final project configuration and fire-flow demands. These local improvements
would be the responsibility of the site developer and would be reviewed at the time
of permitting. Sufficient sanitary sewer and wastewater treatment capacity is
currently available to serve the projected total of 13,000 gallons per day, subject to
the applicant making a firm reservation of capacity, following approval of the site
plan (see Exhibit "C" - Conditions of Approval).
Police 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
"C" - Conditions of Approval).
School: The School District of Palm Beach County confirms that adequate capacity exists to
accommodate the proposed 61 dwelling units. The project is located within
Concurrency Service Area (CSA) #17.
Driveways: The project proposes a total of five (5) driveway openings. Four (4) of the five (5)
driveway openings are proposed along the relocated Northeast 15th Place, while the
fifth opening, is proposed along Ocean Inlet Drive. Out of the four (4) driveways
proposed along Northeast 15th Place, two (2) of them are proposed on the north
side of the road while the other two (2) openings would be located on the south
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 4
side of Northeast 15th Place. Although not dimensioned on the site plan (sheet SP-
1), all the drive way openings proposed along Northeast 15th Place would be wide
enough to accommodate two (2)-way traffic movements for ingress and egress.
The fifth driveway opening, proposed along Ocean Inlet Drive would be a point of
egress only and vehicles would only be allowed to make a right (west) turn. It
should be noted that the landscape median within Ocean Inlet Drive was purposely
designed with no breaks to discourage vehicles from entering the site from a street
other than Northeast 15th Place.
The street system within the development is generally proposed in a north-south
direction. Each two (2)-way drive aisle would have 10-foot wide travel lanes, which
would conform to current engineering standards. All of the underground
infrastructure (i.e. potable water lines, sanitary sewer lines) would be placed
underneath the street network, internal to the development. Also, residents would
access their garages via these drive aisles. A 24-foot back-up distance is proposed
to allow for easy vehicular access into each unit's garage. The sidewalks are
proposed separately from the street system to ensure the safety of each pedestrian.
Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per
unit. The project proposes 36 two (2)-bedroom units, 25 three (3)-bedroom units
and a recreation facility. Therefore, based upon the above referenced number of
units and the amenity, the project requires a total of 127 parking spaces. The site
plan shows that each unit would have a two (2)-car garage, which would thus
equate to providing 122 parking spaces. The size of each unit would vary but
generally, each garage would be dimensioned 18 feet in width by 20 feet in depth.
The plan also proposes six (6) 90-degree parking spaces and two (2) parallel
parking spaces. According to the Typical Parking Stall 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 extra S-feet
of striping) and 18 feet in length. According to the site plan (sheet SP-1), the
parallel parking spaces would be 10 feet in width by 25 feet in length. Combining
the garage spaces, parallel spaces, and 90-degree spaces, the site plan would
proVide for a total of 130 parking spaces or an excess of three (3) parking spaces.
Landscaping: The civil drawing (sheet C-1) tabular data indicates that 39,457 square feet (0.9
acres) or 27.4% of the site would be pervious surface. The plant list (sheet L2)
indicates the landscape plan would provide a total of 151 canopy trees, of which,
83 trees or 55% would be native. The plant list indicates that 84 or 50% of the
168 palm trees would be native. Also, the landscape plan would contain 1,462
shrubs / groundcover plants, of which 1,412 (96%) would be native. In summary,
the project would provide for a complimentary mix of canopy and palm trees. The
tree species would include the follOWing: Brazilian Beautyleaf, Green Buttonwood,
Savannah Holly, Purple Glory tree, Pink Trumpet tree, High Rise Oak, Silver
Buttonwood, Yellow Geiger tree, Japanese Fern tree, Red Crape Myrtle, Ligustrum
tree, Travelers palm, Soliataire palm, Medjool Date palm, Florida Royal palm,
Cabbbage palm, and Foxtail palm. Staff recommends that the lands remaining
outside the individual fee-simple area be under the control of the Homeowner's
Association to ensure proper maintenance of the buffer areas (see Exhibit "C" -
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 5
Condition of Approval). A note on the landscape plan (sheet L2) indicates that
canopy trees will be placed far enough back from the drive aisles to minimize the
potential for vertical conflicts with high-profile vehicles. A bio-barrier shall be used
with all canopy trees along streetscapes and sidewalks and where trees are
adjacent to any underground utilities. With regards to aesthetics, the applicant
agrees to install Redtip Cocoplum hedges around utility boxes and structures that
are not currently known or shown on the plan at this time. Furthermore, the at-
grade air-conditioner units behind each unit would be screened using native hedge
material. Project compatibility is judged on how well the proposed development
fits within the context of the neighborhood and abutting properties. The
Conceptual East and West elevations illustrate how the mature landscaping would
soften the appearance of the townhouse buildings.
The site plan shows that the western landscape buffer (adjacent to Federal
Highway) would be at least nine (9) feet - eight (8) inches wide at its narrowest
point. The landscape plan shows that this buffer would consist of Florida Royal
palm, Green Malayan Coconut palm, Medjool date palm, and a row of Redtip
Cocoplum hedges. It appears that most of the trees would be installed at a tip-to-
tip spacing with the Royal palm trees installed at a height of 25 feet. Each
townhouse unit proposed along Federal Highway would have a side walk that
directly links to the sidewalk on Federal Highway.
The site plan shows that the south landscape buffer (adjacent to Ocean Inlet Drive)
would be at minimum, approximately 10 feet - six (6) inches at its narrowest point.
The landscape plan proposes the following plant material: Green Buttonwood,
Foxtail palm, and Redtip Cocoplum hedges. The Merano Bay project (south of
Ocean Inlet Drive) already contains landscape material along its northern landscape
buffer. The landscape material proposed in the south buffer (for this project)
would compliment Merano Bay's north landscape buffer.
The site plan shows that the north landscape buffer (adjacent to Seaview Park
Club) would be five (5) feet in width at its narrowest point. However, a majority of
the buffer would be over 20 feet wide. The landscape plan proposes the following
plant material: High Rise Live Oak, Brazilian Beautyleaf, and Redtip Cocoplum
hedges. Although not required, a six (6)-foot high wall is proposed along the entire
perimeter of the north property line of the subject property. However, this may
cause a conflict with the six (6)-foot high pre-cast concrete wall that was already
approved along the south property line for the Seaview Park Club project. This
could conflict because it would create a situation where there would be a narrow
gap between the subject property's proposed buffer wall and the approved buffer
wall (on the abutting property to the north). Therefore, staff recommends that the
applicant works with the abutting property owner to the north to see if there may
be mutual interest in eliminating one (1) of the walls where two (2) walls are
proposed parallel to each other (see Exhibit "C" - Conditions of Approval).
The site plan shows that the east landscape buffer (adjacent to the single-family
residential neighborhood) would be nine (9) feet - 11 inches wide at its narrowest
point. It would contain the following plant material: High Rise Live Oak, Savannah
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 6
Holly, Green Malayan Coconut palms, and a row of Redtip Cocoplum hedges.
Similar to the north buffer, a six (6) foot high wall is proposed along the northern
segment of the east property line. However, near the pool area, the plans propose
a wall / fence combination. Staff recommends extending the wall along the entire
perimeter of the east property line of the subject property. This will help buffer the
subject property from the residential neighborhood as well as to help screen the
intrusion of automobile headlights on neighboring properties from parking areas
and driveways (see Exhibit "C" - Conditions of Approval).
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district at a project density of 18.2 dwelling units per acre. The
maximum density allowed by the Special High Density Residential land use
classification is 20 dwelling units per acre. The 61 dwelling units are proposed
within 12 separate buildings on the 3.3S-acre site. Each building would contain a
varying number of dwelling units, ranging from three (3) units to six (6) units. The
unit plans (sheet A-801 through sheet A-804) show the proposed size and
configuration of each unit. The floor plans propose four (4) model types, ranging
from 1,887 square feet to 2,511 square feet of "under roof area". As previously
mentioned, the site plan proposes 36 two (2)-bedroom units and 25 three (3)-
bedroom units and a recreation facility. No individual swimming pools or screened
enclosures are proposed (or allowed) and would be noted as such within the Home
Owners Association documents. Likewise, the developer does not intend to screen-
in the balconies either (see Exhibit "C" - Conditions of Approval).
The PUD zoning district allows buildings to reach a maximum height of 45 feet.
However, a lesser building height could be imposed if compatibility with the
adjacent properties would be in jeopardy. The code defines building height as
follows: The vertical distance in feet measured from the lowest point at the
property line of an adjacent property or from the minimum base flood elevation as
established by FEMA, whichever is highest, to the highest point of the roof for flat
roofs, to the deck line for mansard roofs and parapet roofs with parapets less than
five (5) feet in height. Gable and hip roof heights shall be measured to the
midpoint between the eaves and the ridge. The elevations show the buildings
would either be two (2) or three (3) stories in height, the tallest of which would be
34 feet - two (2) inches in height measured at the mid-point of the pitched roof.
All buildings would comply with the height limitation of the IPUD zoning district. It
should be noted that the peak of the roof would be 42 feet- one (1) inch in height.
Although not dimensioned on the elevations, the peak of the decorative cupolas is
proposed at 46 feet - nine (9) inches height. At the time of permitting, the
elevation pages would have to be revised to indicate the height dimension for the
decorative cupolas. Furthermore, the peak of the cupolas cannot exceed 45 feet in
height or the developer would have to request and be approved for a height
exception (see Exhibit "C" - Conditions of Approval). As previously mentioned the
abutting properties to the east are zoned R-1-AA and developed with a mix of one
(1) and two (2) story, single-family detached homes. The R-1-AA zoning district
only allows a maximum building height of up to 30 feet (at mid-point of roof), a
difference of 15 feet. Initially, the developer indicated to staff a desire to propose
buildings that were all three (3) stories in height. However, staff informed the
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 7
developer that the proposed building height on the subject property would be a
critical design element to consider when requesting to rezone to the IPUD zoning
district. Staff suggested that the applicant reduce the proposed building height of
those buildings proposed closest to the single-family residential homes, from three
(3) stories to two (2) stories. In heeding staff's suggestions, the developer is now
proposing a mix of two (2) and three (3)-story buildings. As proposed, the three
(3)-story buildings would be located near the center and western portions of the
site (along Federal Highway) while two (2)-story structures are proposed along the
eastern fringe (adjacent to the single-family detached homes). The Street
Elevations (sheet A-40S) illustrate how the buildings would appear from both
Federal Highway and from the adjacent properties to the east. As designed, the
pool/recreation area (of the subject project) and the two (2)-story building
(depicted as Building 4 on the site plan) is comparable in height and compatible to
any structure built within the R-1-AA zoning district. The site plan shows that
Building 4 and the pool area are proposed between the three (3)-story buildings
and the existing homes located within the R-1-AA zoning district. Staff feels that
this proposed configuration represents an excellent compromise to improve
compatibility between the subject property and the abutting properties to the east,
in order to mitigate the height discrepancy. However, Building 1, proposed as a
three (3)-story structure at the northeast corner of the subject site, would be
located only 12 feet away from the east property line that abuts property with a
single-family home. As proposed, Building 1 is comprised of six (6) units with
varying model types. Staff opines that the proposed height and proximity of
Building 1 (to the adjacent lot to the east) is not compatible with this residential
property. Therefore, staff is recommending the applicant implement one (1) of the
following two (2) solutions: Either eliminate the easternmost unit of Building 1
(depicted as Model "A" of Building 1 on the site plan) or reduce the height of Model
"A" from three (3)-stories to two (2)-stories. Staff feels that decreasing the height
of the east fa<;ade of Model "A" of Building 1 would provide an equitable transition
between the maximum height of 30 feet allowed in the adjacent single-family
neighborhood and the 4S-foot height allowed in the IPUD district. After considering
the ultimate height of the proposed structure (34 feet - two (2) inches), evaluating
the effects of comparable situations elsewhere, considering that the majority of
adjacent single-family homes are one-story or two-story and less than 30 feet in
height, and after contemplating the intent of the IPUD district to maximize
compatibility, staff has determined that compatibility would be achieved by limiting
structure height of the easternmost unit (Model A) to a maximum of two (2) stories
(see Exhibit "C" - Conditions of Approval). As indicated in the ordinance, a
"transition" should be accomplished in this situation, which is best achieved by a
height which does not exceed the existing heights of the adjacent multi-family
development, and which transitions from the maximum height allowed in that
adjacent multi-family district, 45 feet. It is important to note that the homes in
Yachtman's Cove to the south may be developed as two (2) story structures with a
maximum building height of 30 feet.
The IPUD zoning district perimeter setbacks shall mirror setbacks of adjacent
zoning district(s) but with a minimum of the setback required for a single-family
residence as determined by the orientation of the structures in the IPUD (Chapter
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 8
2, Section S.L.3.). The property to the north is zoned Infill Planned Unit
Development (IPUD) and was approved with a similar, multi-family residential
project. The buildings in the project to the north were approved with a 48.32-foot
setback from the north property line of the subject project. The site plan for the
subject project proposes a 10-foot north (side) setback. This is acceptable, given
the fact that both projects will have comparable-sized landscape buffers.
The area immediately to the south is right-of-way for Ocean Inlet Drive, and then
farther south is a developed, townhouse project (Murano Bay) zoned IPUD. The
townhouse buildings inside Murano Bay are setback 16 feet from its north property
line (adjacent to Ocean Inlet Drive). However, the townhouse buildings in this site
plan (Yachtsman's Cove) are proposed 10 feet from the south property line,
adjacent to Ocean Inlet Drive. The difference in the building setbacks between the
two (2) projects as they relate to Ocean Inlet Drive is six (6) feet. It should be
noted that the City and CRA endorse projects that are designed to engage the
public domain, such orienting buildings towards a roadway or park. The Murano
Bay development was designed and built with the back of their townhouse units
and privacy wall facing towards Ocean Inlet Drive whereas the front fa<;ades (and
doors) of the subject project are oriented towards Ocean Inlet Drive. The latter's
design is more desirable. For this project, the proposed south side setback (of 10
feet from Ocean Inlet Drive) is appropriate. Furthermore, any additional building
setback (along Ocean Inlet Drive) could be detrimental to its design and
performance. Also, as previously mentioned, most of the plant material proposed
adjacent to Ocean Inlet Drive were chosen specifically to compliment Murano Bay's
landscaping.
The properties to the east are zoned Single-family Residential (R-1-AA). These lots
have been developed with single-family detached homes and the IPUD regulations
specifically addresses compatibility requirements with these types of developments.
The sides of these single-family detached homes abut the subject property. The
side setback of the R-1-AA zoning district is 10 feet. In addition, it should be noted
that a structure on the perimeter of an IPUD project that is adjacent to an existing
single-family neighborhood must adhere to additional setback requirements. The
IPUD regulations require an additional one (1) foot building setback for each one
(1) foot in building height that exceeds 30 feet. Building 1, proposed at the
northeast corner of the property, would be 34 feet - two (2) inches in height. This
translates to a minimum required building setback of 14 feet - two (2) inches from
the east property line. Please note that according to Chapter 2, Section S.L.4.g.(2),
if vegetation, screening or other barriers and / or creative design on the perimeter
of an IPUD achieve compatibility with adjacent uses, the city may grant some relief
from the following: Structures on the perimeter of an IPUD project, in addition to
the basic setback requirements, must be setback one (1) additional foot for each
one (1) foot in height for the perimeter structures that exceed 30 feet. A
landscape barrier is defined as follows: A near solid element combining a wall and
/ or natural vegetation intended to block all direct and reasonable views. It shall
be comprised of a berm, buffer wall and / or natural vegetation (as deemed
appropriate by the city) consisting of various trees species planted tip-to-tip in two
or more staggered rows. The site plan indicates that the proposed setback would
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 9
be at least 12 feet (for Building 1) but when scaled, it appears to be over 15 feet.
Therefore, the building setback would conform but as previously mentioned, staff
still has concerns regarding the compatibility between Building 1 of the subject
project and the existing single-family house to the east. The intent of the IPUD
code is to exceed the minimum requirements of typical multi-family developments.
Therefore, reducing the height of Model "A" (of Building 1) from three (3) to two
(2) stories would help the project achieve compatibility and conformance with the
intent of the regulations. Land to the west is right-of-way for Federal Highway.
The site plan proposes a 10-foot setback along the west property line.
The main recreation area would be located at the eastern side of the site. It would
include a swimming pool, BBQ area, cabana building, and bicycle racks. The
"open" portion of the cabana would face the townhouse development rather than
the single-family neighborhood to the east. The building would be located over 10
feet from the east property line. The area calculations (sheet A-20S) indicate that
the bathrooms and covered area would be 500 square feet in area. The elevations
do not indicate the actual roof height but depicts it as a one (l)-story structure,
which staff understands would be 13 feet - one (1) inch in height. The site plan
proposes several open space areas between the rows of townhouse buildings. The
site plan indicates that "public art" would be the centerpiece of the public area.
The actual artwork is yet to be determined. A total of 12,200 square feet of usable
open space is required. According to the Usable Open Space plan (sheet SP-2), the
project would provide 14,400 square feet of usable open space. This space would
be consist of four (4) open space areas, namely, the pool and amenity area, the
garden belt, the pedestrian connections to Federal Highway, and the north
pedestrian area.
Design:
The proposed townhouse buildings and clubhouse have hints of a contemporary
Key West style with its standing seam metal roof, wood fascia, trellises, shiplap
siding, and white aluminum shutters. Other decorative design elements include
Pre Fab Sunburst Fypon, decorative medallions, aluminum window frames, Clad
Garage doors, aluminum railing, and portholes. The project proposes multi-colored
buildings consisting of the following Benjamin Moore paints:
Color code Paint Name Color Location
# CC-962 Gray Mist Off-white Main wall
# 2143-60 Moonlight White Cream Main wall
# CC-807 Soft Sky Light blue Main wall
# CC-S07 Grecian Green Sage green Main wall
#721747 Charcoal Tweed Dark green Canvas AwninQs
The elevations of the cabana building show that it would have the same standing
seam metal roof, exterior finish, and paint colors as that of the townhouse
buildings. The photometric plans propose one (1) type of outdoor freestanding
lighting fixture. The Pole Detail indicates it would be 12 to 14 feet in height, made
of aluminum, and have decorative lamps. The photometric plan demonstrates that
lighting levels would be adequate and not "spill" over onto adjacent properties.
Similar to other recently approved townhouse projects, the front doors of each unit
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 10
are oriented towards the streets. Staff endorses how the buildings "engage" the
main streets and rates the overall design and site layout above most other projects
recently approved by the city.
Signage:
No signage is shown or proposed.
RECOMMENDATION:
Staff has reviewed this request for new site plan approval and is recommending approval, contingent upon
the successful request land use amendment / rezoning (LUAR 06-003), Northeast 15th Place abandonment
(ABAN 06-001), and subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval.
Any additional conditions recommended by the Board or City Commission shall be documented accordingly
in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Yachtsmans Cove\NWSP 06-003\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Yachtsman's Cove
File number: NWSP 06-003
Reference: 2nd review plans identified as a New Site Plan with a January 10,2006 Planning and Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Engineerimr.
2. Incorporate a second handicap visitor parking space in the northwest comer X
of the project.
ENGINEERING DIVISION
Comments:
3. The applicant shall proceed through the abandonment process (through the X
P&Z Department) for road relocation and accompanying abandonment for
NE 15th Place.
4. Upon satisfactory Commission approval of the site plan, the applicant shall X
enter the plat process through the City's Engineering Division. A preliminary
plat application may be initiated during the site plan review to expedite
issuance of the Land Development Permit.
5. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter X
4, Section 7.B.4.) Please provide photometries as part of your TART plan
submittals.
6. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article II, Section A. Lb.).
7. Indicate, by note on the Landscape Plan, that within the sight triangles there X
shall be an unobstructed cross-visibility at a level between 2.5-feet and 8 feet
above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.).
8. The medians on Federal Hwy. and Ocean Inlet Dr., along the south side of X
NE 15th Pl., and the pocket park on the east side of the Yachtsman Cover
plaza have existing irrigation and plant material belonging to the City of
Boynton Beach. Any damage to the irrigation system and/or olant material as
COA
02/08/06
2
DEPARTMENTS INCLUDE REJECT
a result of the contractor's operations shall be repaired or replaced to the
equivalent or better grade, as approved by the City of Boynton Beach, and
shall be the sole responsibility of the developer. The contractor shall notify
and coordinate with the City of Boynton Beach Forestry & Grounds Division
of Public Works a minimum of six (6) weeks in advance of any underground
activities. Please acknowledge this notice in your comments response and
revise Note #7 (Sheet L2) to include all the above stated information.
9. Staff strongly recommends placing canopy trees far enough back from drive X
aisles to minimize the potential for vertical conflicts with high-profile
vehicles.
10. Ensure tree species specified along Federal Hwy will not conflict with the X
overhead power lines. Add a note to the plan requiring the landscape
architect and contractor to use FPL's "Right Tree / Right Place" publication
for plantings near power lines.
11. Staff recommends the use of cultivars such as "High-Rise" or "Cathedral" for X
the Live Oaks to minimize the potential for vertical conflicts with high-profile
vehicles.
12. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
13. 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:
14. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that interfere with utility
services, either in utility easements or public rights-of-way.
15. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
COA
02/08/06
3
DEPARTMENTS INCLUDE REJECT
16. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
17. 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. The
submitted plan does (per se) meet this requirement, however, it does not
reflect an existing fire hydrant along the east side of Federal Highway (at the
existing intersection of NE 15th Place), and in addition, will require an
additional fire hydrant along Ocean Inlet Drive just southwest of the
recreational swimming pool area.
18. 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.
19. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a).
20. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
21. 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.
22. Please provide engineering calculations supporting the proposed water main X
design, including documentation that required fire flows will be met.
23. 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) and will be reviewed
at the time of construction permit application.
FIRE
Comments: None X
COA
02/08/06
4
DEPARTMENTS INCLUDE REJECT
POLICE
Comments: None X
BUILDING DIVISION
Comments:
24. Indicate within the site data the type of construction of each building as X
defined in 2004 FBC, Chapter 6.
25. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table 704.8,
or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly
reflect the percentage of protected and unprotected wall openings permitted
per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2.
26. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (pst) on the plans for the building design.
27. 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.
28. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
29. 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:
. 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."
. 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.
. 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).
30. On the drawing titled site plan identify the property line. X
COA
02/08/06
5
DEPARTMENTS
INCLUDE REJECT
3 1. Add to the submittal a partial elevation view drawing of the proposed X
perimeter wall. Identify the type of wall material and the type of material that
supports the wall, including the typical distance between supports. Also,
provide a typical section view drawing of the wall that includes the depth that
the wall supports are below finish grade and the height that the wall is above
finish grade. The location and height of the wall shall comply with the wall
regulations specified in the Zoning Code.
32. To properly determine the impact fees that will be assessed for the one-story X
pool building, provide the following:
· Will the pool building be restricted to the residents of the entire project
only?
· Will the residents have to cross any major roads or thoroughfares to get to
the pool building?
· Will there be any additional deliveries to the site?
· 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 building.
33. 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.
34. 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.
35. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
· The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
· 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.
· The number of dwelling units in each building.
· The number of bedrooms in each dwelling unit.
· The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
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DEPARTMENTS INCLUDE REJECT
36. At time of permit review, provide a completed and executed CBB Unity of X
Title form. The form shall describe all lots, parcels, or tracts combined as one
lot. A copy of the recorded deed with legal descriptions, of each property that
is being unified, is required to be submitted to process the form. The property
owner that is identified on each deed shall match.
37. 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.
38. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
· A legal description of the land.
· The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
· If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
· The number of dwelling units in each building.
· The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
39. Add a general note to the site plan that all plans submitted for permitting shall X
meet the City's codes and the applicable building codes in effect at the time
of permit application.
40. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
41. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
42. Show the proposed site lighting on the site and landscape plans (Chapter 4, X
Section 7.B.4) If possible, provide photo metrics as part of your TART plan
submittals.
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DEPARTMENTS
INCLUDE REJECT
43. Any dwelling unit that has the optional elevator installed shall comply with X
the requirements of the Federal Fair Housing Act. Additional requirements of
the Fair Housing Act may be applicable, such as parking and accessible
routes.
PARKS AND RECREATION
Comments:
44. Park Impact Fee - 61 Single-family Attached DUs @ $771.00 each = X
$47,031.00. Payment to be made prior to issuance of first permit.
FORESTER/ENVIRONMENTALIST
Comments:
45. The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual species of trees
proposed to be preserved in place, relocated or removed and replaced on site.
The replacement trees should be shown by a separate symbol on the
landscape plan sheet L2. [Environmental Regulations, Chapter 7.5, Article I
Sec. 7.D.p. 2.].
46. All shade and palm trees on the Trees and Palms List must be listed in the X
description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground), and
Florida #1 (Florida Grades and Standards manual). The height of the trees
may be larger than 12'-14' to meet the 3" diameter requirement; or any gray
wood (gw) or clear trunk (c.t.) specifications. [Environmental Regulations,
Chapter 7.5, Article II Sec. S.C. 2.1.
47. The landscape plan proposes four (4) Brazilian Beautyleaf trees along the X
north property line. Staff recommends substituting these trees with a native
canopy tree.
PLANNING AND ZONING
Comments:
48. Approval of this project is contingent upon the approval of the accompanying X
request for abandonment of Northeast 15th Place (ABAN 06-001) and land
use amendment I rezoning (LUAR 06-003).
49. A traffic study was sent to the Palm Beach County Traffic Division for X
concurrency review in order to ensure an adequate level of service. The Palm
Beach County Traffic Division determined that the proposed redevelopment
project meets the Traffic Performance Standards of Palm Beach County.
Furthermore, the County would support the re-alignment of the eastern
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DEPARTMENTS
segment of Northeast 15th Place, to align with the segment west of Federal
Highway, to eliminate the 110 feet offset. The Division suggests the
developer conduct a "traffic signal warrant analysis" at the re-aligned
intersection, as suggested by the developer's traffic engineer. The traffic
concurrency approval is subject to the Project Aggregation Rules set forth in
the Traffic Performance Standards Ordinance. No building permits are to be
issued after the build-out date of 2008.
INCLUDE REJECT
50. Although not dimensioned on the elevations, the peak of the decorative X
cupolas would be 46 feet - nine (9) inches height. At the time of permitting,
the elevation pages would have to be revised to indicate the height dimension
of the decorative cupolas. Furthermore, the peak of the cupolas cannot
exceed 45 feet in height or the developer would have to request and be
approved for a height exception.
51. With regards to the east property line, staff commends the developer for X
substituting the three (3)-story models with the two (2)-story townhouse
models / recreation area where it abuts the single-family neighborhood.
However, the building at the northeast comer of the project is still proposed at
three (3) stories. Staff anticipates that the proposed height and proximity of
Building 1 (to the adjacent lot to the east) would negatively impact said lot.
Therefore, staff is recommending one (1) of the following two (2) solutions:
Either eliminate the easternmost unit of Building 1 (depicted as Model "A" of
Building 1 on the site plan) or reduce the height of Model "A" from three (3)-
stories to two (2)-stories. This modification will help the project comply with
the compatibility requirement of the IPUD zoning district.
52. At the time of permitting, on the site plan tabular data, indicate the square X
footage and percentage distribution of pervious surface and also indicate the
proposed lot coverage per Chapter 4, Section 7. Note that lot coverage cannot
exceed more than 50 percent (Chapter 2, Section 5.L.).
53. At the time of permitting, provide a detail of the fountain / sculpture proposed X
on the landscape plan (sheet Ll). Include its dimensions, material, and color
(Chapter 4, Section 7.D.).
54. All building elevations, including the cabana, should indicate paint X
manufacturer's name and color codes (Chapter 4, Section 7.D.).
55. In order to ensure proper maintenance of the buffer areas, staff recommends X
converting them from private property to "buffer tracts" that would be owned
and maintained by the Home Owners' Association.
56. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X
Bougainvillea) is required at both sides of each project entrance / exit. The
signature trees must have six (6) feet of clear trunk if placed within the safe-
sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant
material may be substituted if the above referenced plant material is not
available or undesired.
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DEPARTMENTS INCLUDE REJECT
57. The subject site is located along Palm Tran Bus Route 1. Staff recommends X
installing an upgraded shelter if a Palm Tran stop is located along Federal
Highway, abutting the subject project.
58. As proposed in the new site plan, southbound egress (onto Federal Highway) X
will occur from the re-aligned Northeast 15th Place. However, the
Community Redevelopment Agency (CRA) staff in discussions with LN.C.A.
recommends that the developer create a new left-hand stacking lane (on the
northbound side of Federal Highway) approximately 550 feet north of the
proposed intersection of Northeast 15th Place and Federal Highway. This new
left-hand stacking lane would allow for U-turn traffic movements onto
southbound Federal Highway. This would allow for an alternative and safer
method for southbound egress onto Federal Highway from the subject project.
The developer would be responsible for the cost of said improvements
should the Florida Department of Transportation approve the concept.
59. Community Redevelopment Agency (CRA) staff is requiring a detail on site X
plan of how overhead utilities along Federal Highway will be installed
underground.
60. No individual swimming pools or screened enclosures are proposed (or X
requested by the developer) and would be noted as such within the Home
Owners Association documents. Likewise, the developer does not intend to
screen-in the balconies either.
61. A six (6)-foot high wall is proposed along the entire perimeter of the north X
property line of the subject property. This may conflict with the six (6)-foot
high pre-cast concrete wall that was already approved along the south
property line for the Seaview Park Club project. This could be a potential
conflict because it would create a situation where there would be a narrow
gap between the subject property's proposed buffer wall and the approved
buffer wall (on the abutting property to the north). Therefore, staff
recommends that the applicant works with the abutting property owner to the
north to see if there may be mutual interest in eliminating one (1) of the walls
where two (2) are proposed. Also, staff recommends extending the wall
along the entire perimeter of the east property line of the subject property.
This will help buffer the subject property from the residential neighborhood
to the east as well as to help screen the intrusion of automobile headlights on
neighboring properties from parking areas and driveways.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
62. None X
CITY COMMISSION COMMENTS:
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DEPARTMENTS INCLUDE REJECT
Comments:
63. To be determined.
MWR/elj
S:\Planning\SHARED\ WP\PROJECTS\ Yachtsmans Cove\NWSP 06-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Yachtsman's Cove
APPLICANT'S AGENT: Atlantis Environmental Engineering, Inc.
APPLICANT: Yachtsman Properties, LLC
APPLICANT'S ADDRESS: 3135 South Federal Highway, suite 315 Delray Beach, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 28, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 61 fee-simple townhouses
on a 3.35-acre parcel in the IPUD Infill Planned Unit Development
zoning district
LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 375 feet north of
the Boynton (C-16) Canal (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S, \PI.nning\SHAREDI WPIPROJECTS\ Y .chtsmans CovelNWSP 06-003\DO.doc
MEMORANDUM
February 22,2006
TO: Mayor Taylor, Mr. McCray, Mr. Mct'oy, Mr. Ensler, Mr. Ferguson, Kurt Bressner,
James Cheroff, Mike Rumpf
FROM: Stan Nitkowski, President INCA
SUBJECT: Yachtsman's Cove Townhome Agreement
------------------------------------------------------------------------------------------------------------
This memo is intended to summarize the five site plan conditions for the Yachtsman's
Cove Townhomes as agreed to by the Developer and INCA. Details for each point listed
below is attached.
1. Adjust the landscaping in the center medians on 15th Place and along the southeast wall
along Ocean Inlet Drive.
2. Extend the concrete wall, which makes up the projects southeastern border, to replace
what presently exists.
3. The sidewalks from the southeaster (A) unit on Building #12, the southern most
building, is to be reconfigured to not exit onto Ocean Inlet Drive.
4. Include a low landscaped fence structure in front of Building #12
5. Increase the setback on the southern border.
RECEIVED
FEB 2 2 2006
CITY MANAGER'S OFFICE
February 21,2006
Mr. Michael Rumpf
Planning and Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Dear Mike,
This letter is meant to summarize the agreed to compromises made between the
Yachtsman's Cove Town home project and INCA. As you know, we have been in
continuous discussions over the last several months in an attempt to better the project and
help it fmd its place more seamlessIy within the neighboring community.
To this end, Banyan Development has worked very diligently to gamer the support of
INCA and its members, in the hopes of presenting a unified front to both the CRA Board
as well as the City Commission. In order to achieve this unity, Banyan Development and
INCA have been in constant communication. ]t is from these dialogues, for the expressed
purposes of forming a consensus that these 5 revisions to the project's site plan have
arisen.
The foHowing is a brief narrative about the proposed compromises and their
justifications:
1) Adjust the landscaping in the center medians on lStb Place aDd along the
southeast wall along Ocean Inlet Drive.
Currently, the shape ofNE 15m Place provides a buffer between the homes to the
east and Federal Highway. With the re-alignment of the street some of the natural
buffering is lost. To help offset this INCA has asked for, and Banyan Development has
agreed to adjust the landscape plan to provide additional height andlor coverage to the
median's canopy. The new plan calls for a combination of ground cover, a signature
Live Oak and Sabal Palms to be placed in the medians. Clusters of tall Saba! Palms have
been added to both sides of 15th Place where the project meets the single family
residences and along the southeastern wall along Ocean Inlet Drive to buffer the three-
story townhomes from the residences.
2) Extend the concrete waD, which makes up the projects southeastern border, to
replace what presently exists.
INCA had asked that the eastern wall per plan, which now terminates with the
pool fencing, be extended to help shield the single family residences directly on the
corner from oncoming headlights. This change will extend the wall to where it presently
exists today and allow it to terminate after the parking spaces on the projects southeastern
corner. A section of the AS IS site survey has been included to illustrate the walls
present location.
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3) Tbe sidewalks from tbe southeaster (A) uoit OB Building #12, the southern most
building, is to be r~onfigured to not exit onto Ocean Inlet Drive.
This change would require the southeastern most walkway begin adjacent to the
two parking spaces in the southeastern comer and terminate at the end units door. INCA
had requested this change in order to reduce the number of outgoing sidewalks onto
Ocean Inlet Drive and to help discourage parking and congestion on this drive. Banyan
Development felt that this change was not only acceptable but increased the utility of the
sidewalk for the dwelling by aligning the walk to best service their guests arriving at the
closest guest parking spaces.
4) Include a low landscaped fence structure in front of Building #12.
INCA had asked, for the purposes of symmetry, to have some type of fence detail
included on Ocean Inlet Drive to balance the Gated Murano Bay Community to the
south. Originally, we had proposed a 30" picket fence which lNCA felt was insufficient
and asked for a 48"structure. We bave agreed to a 36" compromise with gates on each of
the 4 remaining walks onto Ocean Inlet Drive.
5) Increase the setback on the southern border.
INCA requested additional relief from our project's 10' setback on Ocean Inlet
Drive. By keeping the position of the SE unit stationary and pivoting Building #12 a few
degrees we were able to extend the buffer between 0' - T.
These changes, while minor to the overall scope of the project, have proven important to
INCA's efforts to build support for the development, and as such both parties are in favor
of their inclusion.
Mike, as you can see this is probably the best example of cooperation between a
developer and its neighbors. It is in keeping with this spirit that we now ask the City to
join us in sustaining this cooperative effort by allowing at least the first four points to
either be included on the site plan prior to the Commission Meeting on the 28th or be
attached as notes to the project. If the 5th point cannot be included at this time, we would
like to add it as an amendment at the earliest possible date.
KO.t;y Cohen
Banyan Development
Trl
7b7o-nch-1 ClC
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d~G:7.l q() 7.7. Q6...j
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 14, 2006
analysis, some funds had to be authorized to do that. Ms. Horenburger did not think the CRA
was doing the feasibility analysis. Ms. Brooks stated the CRA had to do a site plan as a general
partner. The money would be put up and received back at the end. It would count as a share
towards the partnership.
Vice Chair Tillman asked to be updated regularly on this.
Chair Heavilin thought the partnership agreement was a separate issue from the self-assembly
group development proposal and site plan.
Ms. Bright said she had been given direction at the previous month's meeting to negotiate a
contract with Treasure Coast Regional Planning Council regarding the feasibility study of the
HOB area. Staff had just gotten a proposal back from Treasure Coast at 5 p.m. today. The
timeline given in the proposal, if approved by the Board, was eight weeks.
Mr. DeMarco believed there were five acres in the HOB that would be available, with help from
the City to purchase, where they could at least start building some apartment units. The units
could be 1 bedroom 1 bath or 2 bedroom 2 bath. There could be a recreation center and pool
and accommodations where people could enjoy life, especially senior citizens. The complex
could be from 100 to 150 units and be reasonable to purchase if the City owned the land. He
thought the 1 bedroom 1 bath units could be built for $100K and 2 bedrooms 2 bath for $lS0K.
He believed everyone should think positively about this and just move forward on it. There was
a way to do it if the community, the CRA and the City worked as a team.
Chair Heavilin felt a month's delay was very important in light of the rapidly rising market costs.
She mentioned the "paralysis of analysis." She felt the CRA should get back to what the
community needed.
Mr. Norem called the question.
The motion passed 7-0.
VI. Public Hearing
Attorney Spillias asked the Board members if they had any ex parte communications with the
developers having projects before the Board at this meeting. Chair Heavilin indicated she had
been present at a meeting where some of the plans for Yachtsman's Cove had been presented.
Attorney Spillias swore in all the persons who expected to speak during the public hearing.
A. Land Use Amendment Plan Amendment Rezoning
Description:
Yachtsman's Cove {lUAR 06-003}
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request to amend the Comprehensive Plan
Future Land Use Map from Local Retail
1.
Project:
Agent:
Owner:
Location:
9
Meet'
Cor
Bo'
'.',,~velopment Agency
Florida
February 14, 2006
Commercial (LRC) to Special High Density
Residential (SHDR); and
Proposed Use:
Request to rezone
Commercial (C-3) to
Unit Development
61 townhouse units
from Community
IPUD Infill Planned
Abandonment
Description:
Yachtsman's Cove (ABAN 06-001)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request to abandon a portion of the
Northeast 15th Place right-of-way
2.
Project:
Agent:
Owner:
Location:
New Site Plan
Description:
Yachtsman's Cove (NWSP 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately
375 feet north of the Boynton (C-16) Canal
Request new site plan approval to construct
612 fee-simple townhouse units and related
site improvements on a 3.35-acre parcel in
the Infill Planned Unit Development (IPUD)
zoning district
3.
Project:
Agent:
Owner:
Location:
Eric Johnson, Planner, presented all three Yachtsman's Cove items at the same time. Staff
recommended approval of the land use amendment and rezoning, new site plan, and
abandonment, with conditions. The buildings were presented as two and three-story buildings
and did not negatively impact any of the surrounding residential communities with the
exception of Building 1. Building 1 was proposed as a three-story building but was only 12 feet
away fru,l i a Single-family detached home abutting the project. Staff determined compatibility
would best be achieved by limiting the structure height to a maximum of two stories on Building
1.
The project has more than sufficient parking and meets the traffic performance standards of
Palm Be;Kh County. Potable water and sanitary sewer requirements would not exceed supply.
Fire and Police determined the current staffing levels would be sufficient to meet the expected
demand ,jr services. Mr. Johnson indicated the project had been compared to the required
criteria used to review projects that include an amendment to the Comprehensive Plan Future
Land Use Map and met all criteria.
Vice Chair Tillman left the meeting at 8:00 p.m.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 14, 2006
The decorative cupolas are 46' 9" tall and do not meet the 45 feet zoning regulations. Staff
recommended reducing the cupola height to 45 feet or requiring the applicant to request
approval for a height exception. Staff reviewed the design of the buildings and found them to
be acceptable. The site plan had 61 conditions of approval.
Staff recommended approval of all requests, believing the proposed project would have a
positive impact on the values of adjacent properties and would contribute to the overall
economic development of the City.
The conditions of approval associated with the abandonment request relate to underground
utilities, which have to be redirected to the site through easement or the re-routing of N.E. 15th
Place.
There was one condition of approval for the land use amendment/rezoning since the subject
property lies within the hurricane evacuation zone. Projects having more than 50 units have to
have proper notification by homeowner's association in the event of a hurricane.
Vivian Brooks, CRA Planning Director, declared she had been working with the adjacent
neighborhood and the applicant for eight months. The applicant was more than willing to
address issues raised by the neighborhood. The neighborhood was concerned about the
proposed re-alignment and straightening of N.E. 15th Place to the south. There would be a large
amount of traffic generated by 61 units, especially at peak hours. The neighborhood requested
the applicant ask permission from the Florida Department of Transportation (FDOT) to create a
turn lane slightly to the north of the project to help alleviate this. Ms. Brooks learned the
applicant had now received that permission. The neighborhood also wanted the landscaping on
the medians of the new N.E. 15th Place to be significant enough so the homeowners would not
have a visual of Federal Highway. The CRA recommended approval with conditions.
Board Comments
Ms. Horenburger inquired whether the Inlet Cove Neighorhood Association (INCA) had reviewed
the plans and Chair Heavilin responded they had done so and were present.
AI Capellini, Atlantis Environmental Engineering, Inc., agent for applicant, introduced
himself and Slattery Associates, the project architects.
Chair Heavilin asked the applicant if he agreed with all conditions of approval and the response
was affirmative.
Kobe Cohen, the developer, indicated the project would meet the CRA's need for increased
residential to support retail. It would also reduce the discharge of storm water by increasing the
amount of green area. And, they would be removing old buildings. In regard to the
abandonment of a portion of the N.E. 15th Place right-of-way, the applicant asked the City to
accept the dedication of the new road. All the necessary infrastructure changes would be
relocated to the new road and paid by the applicant.
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 14, 2006
Several Board members indicated they would be willing to waive the presentation by the
developer unless the public had questions. Mr. Norem asked whether the applicant had any
disagreements with staff's presentation and recommendations, and they had no disagreements.
Chair Heavilin asked what the applicant's intentions were in regard to condition of approval
#51, the alternatives for Building 1. Mr. Cohen responded they would be reducing the height of
Building 1 to two stories.
Chair Heavilin opened the floor for the public to speak.
Stanley Nitkowski, 670 N.E. 15th Place, Boynton Beach, 2006 INCA President and only
spokesman at this meeting, presented a letter summarizing the agreements between the
applicant and INCA. He asked to be able to read the summary of agreements. Chair Heavilin
asked if the contents of the summary had been included in the conditions of approval and Mr.
Nitkowski responded they had not been included.
A considerable discussion ensued. Although the Board was interested in accommodating INCA
and its requests, it was finally determined the requested revisions/agreements between INCA
and the developer would have to be submitted by the developer in a revised site plan
application, which staff could review and the Board could consider. It was made clear to the
INCA representative the Board could only approve plans that were before it, plans that had
been submitted and reviewed by City and CRA staff.
Although the changes seemed to relate to minor modifications such as fencing and landscaping,
one of the changes was the moving of a building by five feet. It was felt staff had to review the
proposed changes to determine whether they met City codes before making a recommendation.
Mr. Johnson explained modifications to site plans required staff review. Although it would seem
that increasing landscaping was acceptable, reducing setbacks and moving buildings might not
be acceptable. Staff would have to determine whether or not the modification(s) were major or
minor. If the recommendation was to approve the site plan at this meeting as is and there were
subsequent changes to the site plan, the changes would then be reviewed by staff. If the
changes were deemed minor, staff would handle them administratively. If the changes were
deemed major, a revised site plan would need to be brought before the CRA and the City
Commission for approval.
Ms. Horenburger introduced a motion but was advised it would have to follow the closing of the
Public Hearing.
Steve Homrich, 690 N.E. 15th Place, Boynton Beach, former INCA President, referred
to a dispute between a developer and the neighborhood a year ago that resulted in a
determination by INCA that in future, it would try to work out its concerns with the developer
before coming to the City. They had a little trouble with this one because the former Executive
CRA Director had not helped them get together and actually kept them apart. The day after the
former CRA Director resigned, the current CRA staff worked to get INCA together with the
developer. The plan on the table before them showed N.E. 15th Place would be straightened out
like an arrow right down to Federal Highway. Nobody wanted that. INCA and the developer had
worked hard to put a little curve back into the road and make some changes, all of which were
12
Meetin~J Minutes
Community Redevelopment Agency
Boynl~_n Beach, Florida
February 14, 2006
not shown on the plan before the Board. He said the Board was considering approval of a plan
that did not include any trees on the medians on the revised roadway. Those were the types of
changes they were talking about. They felt they were minor, but he hoped the Board would
include their landscaping requests, at least. He asked the Board to instruct the developer to
meet with INCA one more time so they could come forward to the City with a finalized site plan
that took their requests and agreements into consideration. He felt the changes were minor.
Ms. Horenburger said in the motion she was going to make, staff would be authorized to review
the proposed changes recommended by INCA.
Chair Heavilin closed the public hearing when no one else came forward.
Motion
Mr. Barretta moved to approve the request for land use plan amendment/rezoning for
Yachtsman's Cove, subject to all staff conditions. Mr. Myott seconded the motion that passed
6-0.
Motion
Mr. Barretta moved to approve the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR), related to the Yachtsman's Cove
request, subject to any conditions. Mr. Myott seconded the motion that passed 6-0.
Motion
Ms. Horenburger moved to approve Yachtsman's Cove's request for new site plan approval
NWSP 06-003, subject to satisfaction of all comments indicated in Exhibit C, Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the conditions of approval. The CRA recommends the City review
the adjustments and changes recommended by INCA. Mr. Barretta seconded the motion that
passed 6-0.
Motion
Mr. Barretta moved to approve Yachtsman's Cove's request for abandonment (ABAN 06-001),
and relocation of a portion of the N.E. 15th Place right-of-way per the approved site plan. Mr.
Myott seconded the motion that passed 6-0.
The Board complimented staff and the developer for the presentation of a nice project and a
much-needed improvement.
B. Land Use Plan Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Description:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request to amend the Comprehensive Plan
Future Land Use Map from Medium Density
Residential (MeDR) to Recreational (R); and
13
VIII.-PUBLIC HEARING
ITEM C.
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
o December 6, 2005
o December 20, 2005
o January 3, 2006
o January 17,2006
December 5,2005 (Noon)
o February 7, 2006
o February 21, 2006
IZI February 28, 2006
o March 21, 2006
January 17,2006 (Noon)
November 14, 2005 (Noon.)
February 6, 2006 (Noon)
December 19, 2005 (Noon)
February 21, 2006 (N~n) ) .'.1
.~_:~ -(
January 3, 2006 (Noon)
-n
March 6, 2006 (NoOp1-1
i:.']
NATURE OF
AGENDA ITEM
o Administrative
o
IZI
o
o
o
Consent Agenda
Public Hearing
Bids
'~.;. i
0 Development Plans ......1'''"'!
. (.:::.=)
0 New Business .
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IZI Legal :::-J
t.) ..._("'"1
:~::>
0 Unfmished Business "'0
0 Presentation
Announcement
City Manager's Report
RECOMMENDATION: Please place this request on the February 28, 2006 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the
subject request be approved on February 14,2006. For further details pertaining to the request, see attached Department
Memorandum No. PZ 06-009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
211 NW 13 th Avenue
Request to amend the Comprehensive Plan Future Land Use Map from Medium Density
Residential (MeDR) to Recreational (R); and
Request to rezone from Single and Two-Family Dwelling District (R-2) to Recreation
(REC) district.
Proposed use:
Recreation (expansion ofthe Wilson Center Park Complex)
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
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S:\Planning\SHARED\WP\PROJECTS\Wilson Center\LUAR\Agenda Item Request Wilson Center Complex LUAR 06-005 2-28-06.dot
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 06-009
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
FROM:
Kathleen Zeitler ~
Planner
~
Michael W. Rum~ ~
Director of Planning and Zoning
THROUGH:
DATE:
February 7, 2006
PROJECT NAME/NUMBER:
The Wilson Center / LUAR 06-005
REQUEST:
To reclassify the subject property from Medium Density
Residential (MeDR) to Recreational (R) on the Future Land Use
Plan, and rezone from Single- and Two-Family Dwelling District
(R-2) to Recreation (REC) District for recreational uses.
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Applicant! Agent: The City of Boynton Beach/ Wally Majors, City of Boynton Beach
Recreation & Parks Department
Location: 204 NW 13th Avenue (PCN: 08-43-45-21-14-000-5060)
206 NW 13th Avenue (PCN: 08-43-45-21-14-000-5030)
210 NW 13th Avenue (PCN: 08-43-45-21-14-000-5010)
211 NW 13th Avenue (PCN: 08-43-45-21-14-000-5210)
216 NW 13th Avenue (PCN: 08-43-45-21-14-000-4990)
1401 NW 1st Street (PCN: 08-43-45-21-14-000-5191)
1407 NW 1st Street (PCN: 08-43-45-21-14-000-5192)
NE portion Parcel 3 (PCN: 08-43-45-21-00-000-3070)
(see Location Map - Exhibit "A'j
Acreage: Total 1.13 acre
Existing Land Use: Medium Density Residential (MeDR) at 9.68 du/ac
Proposed Land Use: Recreational (R)
Existing Zoning: Single- and Two-Family Dwelling District (R-2)
Proposed Zoning: Recreation District (REC)
Page 2
File Number: lUAR 06-005
Wilson Center
Proposed Use:
Recreation - to be added to the Wilson Center Park Complex for the
proposed park expansion project (see MSPM 05-011)
Adjacent Uses:
North:
C-16 Canal, and farther north, residences zoned Single-Family
Residential (R-1) in Rolling Green Subdivision.
South:
A 2.45 acre parcel (3050) zoned Recreation (REe) in Wilson Park
consisting of a pool, pool building, parking lot, and basketball court.
East:
NW 1st Street, and farther east, Poinciana Elementary School zoned
Public Usage (PU); and,
Existing baseball field at Wilson Park zoned Recreation (REe).
West:
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested land use amendment and rezoning are consistent with the intent of the
Comprehensive Plan;
2. This request is also consistent with the Recreational designation on the Future land Use
Plan, and also consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan;
3. It will not create additional impacts on infrastructure that have not been anticipated in
the Comprehensive Plan; and,
4. The proposed project is compatible with adjacent land uses and will contribute to the
overall economic development and redevelopment of the City in general.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.13 acre. Because of the
size of the property under consideration, the Florida Department of Community Affairs classifies
this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to
forwarding to the Florida Department of Community Affairs and is not reviewed for compliance
with the state, regional and local comprehensive plans prior to adoption.
The 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
Page 3
File Number: LUAR 06-005
Wilson Center
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.
According to the Comprehensive Plan Future land Use Element, Objective 1.16 "The City shall
continue to regulate the use, density, and intensity of land use, by requiring that all land
development orders be consistent with the Future Land Use Plan and other applicable policies of
the Comprehensive Plan".
Policy 1.16.1 of the Land Use Element reads under "Medium Density Residential' the following:
"Public, educational, and institutional uses located within these zoning districts may be
placed in the Public and Private Governmental/Institutional land use category, however,
and parks and recreation facilities may be placed in the Recreational land use category."
Policy 1.16.1 of the Land Use Element under "Recreational"reinforces the recommendation and
reads:
"This land use category shall include all Recreational zoning districts, but shall not be
limited to this zoning district. It shall be the policy of the City that all land acquired for
public parks, excluding those which are located in planned zoning districts or the Central
Business District, shall be placed in the Recreational land use and zoning category within
five years of acquisition."
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
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning does not introduce a new use; it allows an established recreational land
use (existing Wilson Center Park) to expand for greater recreational opportunities in the area.
The proposed use of the site is compatible with surrounding single-family and duplex residential
uses, and adjacent recreational and public uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The 2001 Heart of Boynton Community Redevelooment Plan visions the expansion and
redevelopment of Wilson Center and proposes Recreation land use for the subject properties.
The redevelopment plan outlines actions to implement stated goals and objectives which
include amending the City's Comprehensive Plan and rezoning the appropriate areas. The Plan
Page 4
File Number: lUAR 06-005
Wilson Center
states that "the redevelopment of Wilson Center and its ball field and pool is a critical part of
the overall redevelopment of the Heart of Boynton." The City has committed to the conceptual
planning of this Center, and has acquired additional properties, and demolished structures on
those properties, in preparation for the proposed park expansion.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The proposed recreation use for the park expansion is compatible with utility systems, roadways,
and other public facilities. The potable water and sanitary sewer systems to serve the park
project will be permitted from the Palm Beach County Health Department. A preliminary
drainage report has been submitted which indicates that currently Wilson Park does not have an
Environmental Resource Permit (ERP). As part of the proposed park improvements, the site will
be upgraded to meet South Florida Water Management District's (SFWMD) regulations for
stormwater. Palm Beach County has reviewed the traffic study for this project and has
determined that the increase in daily trips by an average of 110 trips meets the Traffic
Performance Standards of the County. In addition, the proposed park expansion programs will
benefit the adjacent public school facility.
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 Recreation for the Wilson Center expansion is compatible with the
adjacent current and future uses. Current uses in the area are one- and two-family residential
(R1A and R-2 zoning districts) and public school (PU zoning district). According to the Future
Land Use Plan, the future uses in the area are the same as the existing uses. The recreation
facility expansion will provide more amenities for the community, and will increase property
values and be a favorable selling point for nearby residential properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The subject properties consist of assembled lots which the City has acquired for the proposed
park expansion. The lots include a recreation building/clubhouse, a residence slated for
demolition, and several lots that are now vacant (previous residences demolished). These
individual lots were platted for residential development and may be developed and utilized for
one- and two-family residential uses permitted under the existing R-2 zoning.
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 subject rezoning and subsequent use of the property would represent a positive
contribution to both the neighborhood and the city.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
Page 5
File Number: lUAR 06-005
Wilson Center
There are other smaller area parks throughout the City, however, the Wilson Park is in the heart
of Boynton and serves the community, not just the immediate neighborhood. Policy 5.2.1,
Recreation and Open Space Element of the Future Land Use Plan states "the City shall adopt
the Level of Service standard for District Parks of 2.5 acres per 1,000 persons." As population
increases, the amount of recreation facilities and neighborhood parks in the City also has to
increase to keep up with level of service standards for recreation facilities.
CONCLUSIONS/RECOMMENDATIONS
Staff recommends approval of this proposed reclassification from Medium Density Residential
(MeDR) to Recreational (R) land use. Staff supports the rezoning given that the proposed use
and intensity change is consistent with the Recreational designation on the Future land Use
Plan, and also consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan. This request is also consistent with the intent of the Comprehensive
Plan: it will not create additional impacts on infrastructure that have not been anticipated in
the Comprehensive Plan. The proposed project is compatible with adjacent land uses and will
contribute to the overall economic development and redevelopment of the City in general.
Therefore, staff recommends that the subject request be approved. If conditions are
recommended by the Community Redevelopment Agency Board or the City Commission, they
will be included as Exhibit "B".
ATfACHMENTS
S:\PIannlng\SHARED\WP\PROJECTS\Wllson Center\WAR\STAFF REPORT WAR.doc
LOCATION MAP
Wilson Center Complex
LUAR 06-005
Exhibit A
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 14, 2006
not shown on the plan before the Board. He said the Board was considering approval of a plan
that did not include any trees on the medians on the revised roadway. Those were the types of
changes they were talking about. They felt they were minor, but he hoped the Board would
include their landscaping requests, at least. He asked the Board to instruct the developer to
meet with INCA one more time so they could come forward to the City with a finalized site plan
that took their requests and agreements into consideration. He felt the changes were minor.
Ms. Horenburger said in the motion she was going to make, staff would be authorized to review
the proposed changes recommended by INCA.
Chair Heavilin closed the public hearing when no one else came forward.
Motion
Mr. Barretta moved to approve the request for land use plan amendment/rezoning for
Yachtsman's Cove, subject to all staff conditions. Mr. Myott seconded the motion that passed
6-0.
Motion
Mr. Barretta moved to approve the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR), related to the Yachtsman's Cove
request, subject to any conditions. Mr. Myott seconded the motion that passed 6-0.
Motion
Ms. Horenburger moved to approve Yachtsman's Cove's request for new site plan approval
NWSP 06-003, subject to satisfaction of all comments indicated in Exhibit C, Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the conditions of approval. The CRA recommends the City review
the adjustments and changes recommended by INCA. Mr. Barretta seconded the motion that
passed 6-0.
Motion
Mr. Barretta moved to approve Yachtsman's Cove's request for abandonment (ABAN 06-001),
and relocation of a portion of the N.E. 15th Place right-of-way per the approved site plan. Mr.
Myott seconded the motion that passed 6-0.
The Board complimented staff and the developer for the presentation of a nice project and a
much-needed improvement.
B. Land Use Plan Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Descri ption:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request to amend the Comprehensive Plan
Future Land Use Map from Medium Density
Residential (MeDR) to Recreational (R); and
13
~.
(
p
!es
,pdevelopment Agency
.. ) J Florida
February 14, 2006
proposed Use:
Request to rezone from Single and Two-
Family Dwelling District (R-2) to Recreation
(REC) district.
Recreation (expansion of the Wilson Center
Park Complex)
Malor Site Plan Modification
Project:
Wilson Center Complex (MSPM 05-
011)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request Major Site Plan Modification
approval for park expansion and
improvements to include a 13,816 square
foot recreation community center, a lighted
multi-purpose athletic field, playground,
picnic area, basketball courts, new
swimming pool, and a refurbished pool
building and additional parking on 5.27
acres zoned REC.
Agent:
Owner:
Location:
Description:
Height Exception
3.
Project:
Agent:
Owner:
Location:
Description:
Wilson Center Complex (HTEX 06-002)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request for Height Exception approval to
allow a decorative cupola on the roof of the
proposed two (2)-story Wilson Park
community center building at a height of 52
feet, seven (7) feet above the maximum
building height limit of 45 feet in the REC
zoning district.
Kat'! ) 7eitler, Planner, reviewed the staff report and recommendations for the land use plan
ai' ::md rezoning changes. The City-owned and operated park is expanding in the
He: noynton area. The proposed expansion is consistent with the Comprehensive Plan and
sta..onlmends approval of the land use and rezoning. Also, there was a major site plan
mo 'i:!on for the expansion where additional lots were being added. The City proposes to
incn fhe site from approximately four acres to 5.72 acres.
Ms. i!,~.Hger was curious since there was an expansion and yet the report said, "Fiscal
Imp, 'dnding Source - None." The explanation was that there was no cost to the CRA.
14
Meeting r-1inutes
CommJnity Redevelopment Agency
BOYi 1(,),'1 Beach, Florida
February 14, 2006
Ms. Zeitler showed floor plans for the Center detailing classrooms, computer rooms, small
kitchens, restrooms, and large lobby areas. The building was of Floribbean architecture with a
standing seam metal roof. The building itself was 42 feet in height but the decorative cupolas
planned for the two-story Wilson Park Community Center building extended to 52 feet and
required a height exception.
Vivian Brooks, CRA Planning Director, indicated this was one of the key projects in the Heart of
Boynton Redevelopment Plan and she was excited to see it come forward. This project
represented real movement in the HOB area, which should be well received by the residents.
She recommended approval.
Mr. Myott asked for a colored rendering of the project and one was provided. The building is
light blue in color.
Wally Majors, Recreation & Parks Director, indicated the City had no issues with the conditions
of approval and was looking forward to moving the project forward.
Chair Heavilin opened the floor for public comment. Since no one came forward, Chair Heavilin
closed the floor.
Motion
Ms. Horenburger moved to approve amendment of the Wilson Center Complex (LUAR 06-005)
Comprehensive Plan Future Land Use Map from Medium Density Residential to Recreational and
to rezone from Single and Two-family Dwelling District to Recreation district. Mr. Myott
seconded the motion that passed 5-0. (Mr. DeMarco was out of the room.)
Motion
Ms. Horenburger moved to approve the Wilson Center Complex (MSPM 05-011) major site plan
modification for park expansion improvements to include a 13,816 square foot recreation
community center, a lighted multi-purpose athletic field, playground, picnic area, basketball
courts, new swimming pool, and a refurbished pool building and additional parking on 55.27
acres zoned Recreation. Mr. Norem seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Wilson Center Complex (HTEX 06-002) request for
height exception approval to allow a decorative cupola on the roof of the proposed two-story
Wilson Park Community Center building at a height of 52 feet, seven feet above the maximum
building height limit of 45 feet in the Recreation zoning district. Mr. Norem seconded the
motion.
Ms. Horenburger suggested City staff or the CRA move forward with a Code amendment stating
cupolas would be exempt from the height limitations. They were a recurring issue.
Mr. Barretta did not believe the Board had voted on the height exception issue in the
Yachtsman's Cove project. Attorney Spillias pointed out they had not made an application for a
height exception and when they did, it would be brought before the Board. The conditions
indicated a height exception request and approval would be necessary.
15
Meeting Minutes
Community Redevelopment Agency
l?oynton Beach, Florida
February 14, 2006
The motion passed 6-0. (Mr. DeMarco was back on the dais.)
VII. Pulled Consent Agenda Items
IV-G Acceptance of the Minutes from the CRA Board Meeting - January 10, 2006
Attorney Spillias indicated on page 15 of the subject minutes, first full paragraph, second
sentence, the words would be should be inserted in front of determined and the word
determined followed by later, with the rest of the sentence proceeding as stated.
He wanted it to be clear the quick take process did not have the taking and the amount
determined at the same time. He was saying that in the quick take method, you get the
property and the amount is determined at a later time.
Motion
Mr. Barretta moved to approve the subject minutes as amended. Mr. Myott seconded the
motion that passed 6-0.
IV-I Consideration of a Contract with L.J. Craig & Associates to provide Job Task
Analysis and Establish Full Time Employee (FTE) Staffing Requirements
Chair Heavilin wanted assurance that setting of goals and accountability for the different
positions would be part of the scope of work. Ms. Bright responded several Board members had
expressed interest in having work plans and management by objectives. L. J. Craig & Associates
would be analyzing the CRA job descriptions, establishing accountability and determining
individual workloads. Chair Heavilin felt that prior to this, there had been very little goal setting
or accountability and Ms. Bright agreed.
Motion
Mr. Norem moved to approve a Contract with L.J. Craig & Associates to provide Job Task
Analysis and Establish FTE Staffing Requirements. Mr. Myott seconded the motion that passed
6-0.
IV-K Consideration of a General Fund Budget Amendment for the CRA 2005-2006
Approved Budget (Resolution 05-14)
Mr. Myott asked Mr. Reardon to comment on this item.
Robert Reardon, CRA Finance Director, explained the item related to amendments to the 2005-
2006 Budget.
Mr. Myott asked about losing the contingency in Exhibit A. Mr. Reardon indicated he had found
the money in the bond principal payment "guesstimate, and put it into the contingency account
when the budget transitioned from a narrative one to account-based budgeting. In the future,
he would be in charge of budget preparation and would work with the Board. If the Board
chose to have a contingency account for its own purposes, he would only suggest changes to
the contingency account based on the Board's recommendation. In every other account, he
would be able to move money from department to department on his own. He would be coming
16
II
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY THE CITY OF BOYNTON BEACH AND
8 LOCATED APPROXIMATELY AT 211 NORTHWEST
9 13TH AVENUE; CHANGING THE LAND USE
10 DESIGNATION FROM MEDIUM DENSITY
11 RESIDENTIAL (MeDR) AT 9.68 DUlAC TO
12 RECREATIONAL (R); PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
18 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; and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Commission finds that the amendment
23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 8 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
2 9 herein by this reference.
30
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
S:\CA\Ordinances\Planning\Land Use\Wilson Center.doc
II
1 following:
2 That the Future Land Use of the following described land located at 204 Northwest
3 13th Avenue, 206 Northwest 13th Avenue, 210 Northwest 13th Avenue, 211 Northwest 13th
4 Avenue, 216 Northwest 13th Avenue, 1401 Northwest 1 st Street, 1407 Northwest 1 st Street and
5 the Northeast portion of Parcel 3 in Boynton Beach, Florida shall be changed from Medium
6 Density Residential (MeDR) at 9.68 du/ac and shall now be designated as Recreational (R):
7 See Legal Description attached hereto as Exhibit "A"
8
9 Subject to easements, restrictions, reservation and rights of way of record.
10
11
12 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
13 Future Land Use Plan shall be amended accordingly.
14 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
15 Section 5: Should any section or provision of this Ordinance or any portion thereof be
16 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
17 remainder of this Ordinance.
18 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
19 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
20 Land Development Regulation Act. No party shall be vested of any right by virtue of the
21 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
22 including appeals, are exhausted. In the event that the effective date is established by state law or
23 special act, the provisions of state act shall control.
24
FIRST READING this _ day of
,2006.
S:\CA\Ordinances\Planning\Land Use\Wilson Center.doc
II
1
SECOND, FINAL READING and PASSAGE this _ day of
, 2006.
2
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
2 1 City Clerk
22
23 (Corporate Seal)
24
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\Wilson Center.doc
WILSON PARK REZONING
LEGAL DESCRIPTIONS OF SUBJECT PROPERTIES
1) PCN: 08-43-45-21-14-000-5191
LEGAL DESCRIPTION:
THE SOUTH 68.34 FEET OF LOTS 519 AND 520 OF CHERRY HILLS ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
2) PCN: 08-43-45-21-14-000-5192
LEGAL DESCRIPTION:
THE NORTH 50.00 FEET OF LOTS 519 AND 520 OF CHERRY HILLS
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE
58 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
3) PCN: 08-43-45-21-14-000-5060
LEGAL DESCRIPTION:
LOTS 506 AND 507 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
4) PCN: 08-43-45-21-14-000-5030
LEGAL DESCRIPTION:
LOTS 503 AND 504 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
5) PCN: 08-43-45-21-14-000-4990
LEGAL DESCRIPTION:
LOTS 499 AND 500 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
6) PCN: 08-43-45-21-14-000-5210
LEGAL DESCRIPTION:
LOTS 521 AND 522 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
7) PCN: 08-43-45-21-14-000-5010
LEGAL DESCRIPTION:
LOTS 501 AND 502 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
8) A PORTION OF PCN: 08-43-45-21-00-000-3070
LEGAL DESCRIPTION:
A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 6359, AT PAGE 818 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, LYING WITHIN THE NORTHWEST ONE-QUARTER (NW ~) OF
SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, FLORIDA, AND LYING
SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE LAKE WORTH
DRAINAGE DISTRICT CANAL C-16 (ALSO KNOWN AS THE BOYNTON
CANAL), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 519, CHERRY HILLS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4, PAGE 58, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 89053'46" WEST ALONG THE NORTH LINE OF SAID
LOT 519 AND THE NORTH LINE OF LOTS 520, 521 AND 522 OF SAID CHERRY
HILLS SUBDIVISION FOR A DISTANCE OF 100.00 FEET; THENCE NORTH
01049'00" WEST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF
SAID LOT 522 FOR A DISTANCE OF 53.42 FEET TO A POINT ON THE NORTH
LINE OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
6359, AT PAGE 818, SAID NORTH LINE BEING COINCIDENT WITH THE SOUTH
RIGHT OF WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT CANAL C-
16; THENCE NORTH 89046'40" EAST ALONG SAID NORTH LINE FOR A
DISTANCE OF 99.99 FEET TO A POINT OF INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 519; THENCE
SOUTH 01049'00" EAST 53.63 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM
BEACH COUNTY, FLORIDA
CONTAINING 5,350 SQUARE FEET MORE OR LESS.
II
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF THE CITY OF BOYNTON
6 BEACH, AMENDING ORDINANCE 02-013 TO
7 REZONE SEVERAL LOTS CONSISTING OF
8 APPROXIMATELY 1.13 ACRES, LOCATED
9 BETWEEN NORTHWEST FIRST STREET AND
10 NORTHWEST THIRD STREET AND BETWEEN
11 NORTHWEST 12TH AVENUE AND THE C-16
12 CANAL, AS MORE FULLY DESCRIBED HEREIN,
13 FROM SINGLE AND TWO FAMILY DWELLING
14 DISTRICT (R-2) TO RECREATION DISTRICT
15 (REC); PROVIDING FOR CONFLICTS,
16 SEVERABILITY, AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
2 0 and
2 1 WHEREAS, The City of Boynton Beach, owner of the property located at 204
22 Northwest 13th Avenue, 206 Northwest 13th Avenue, 210 Northwest 13th Avenue, 211
23 Northwest 13th Avenue, 216 Northwest 13th Avenue, 1401 Northwest 1st Street, 1407
24 Northwest 1 st Street and the Northeast portion of Parcel 3 in Boynton Beach, Florida, has
25 filed a Petition, through its agent, Wally Majors, Director of the Recreation and Parks
26 Department of the City of Boynton Beach, pursuant to Section 9 of Appendix A-Zoning, of
27 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel
28 of land, said land being more particularly described hereinafter, from Single nd Two Family
29 Dwelling District (R-2) to Recreation District (REC); and
3 0 WHEREAS, the City Commission conducted a public hearing and heard testimony
31 and received evidence which the Commission finds supports a rezoning for the property
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Wilson Center. doc
II
1 hereinafter described; and
2 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
3 an amendment to the Land Use which was contemporaneously considered and approved at
4 the public hearing heretofore referenced; and
5 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
6 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
10 herein by this reference.
11
Section 2.
The following described land located at 204 Northwest 13th Avenue,
12 206 Northwest 13th Avenue, 210 Northwest 13th Avenue, 211 Northwest 13th Avenue, 216
13 Northwest 13th Avenue, 1401 Northwest 1st Street, 1407 Northwest 1st Street and the
14 Northeast portion of Parcel 3 in the City of Boynton Beach, Florida, as set forth as follows:
15 See Legal Description attached hereto as Exhibit "A"
16
17
18 be and the same is hereby rezoned from Single and Two Family Dwelling District (R-2) to
19 Recreation District (REC). A location map is attached hereto as Exhibit "B" and made a part
2 0 of this Ordinance by reference.
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 2 accordingly.
2 3 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 4 repealed.
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Wilson Center.doc
II
1 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6. This ordinance shall become effective immediately upon passage.
5 FIRST READING this _ day of
,2006.
6
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30
3 1 City Clerk
32
33 (Corporate Seal)
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S :\CA \Ordinances\Planning\Rezoning\Rezoning - Wilson Center.doc
WILSON PARK REZONING
LEGAL DESCRIPTIONS OF SUBJECT PROPERTIES
1) PCN: 08-43-45-21-14-000-5191
LEGAL DESCRIPTION:
THE SOUTH 68.34 FEET OF LOTS 519 AND 520 OF CHERRY HILLS ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
2) PCN: 08-43-45-21-14-000-5192
LEGAL DESCRIPTION:
THE NORTH 50.00 FEET OF LOTS 519 AND 520 OF CHERRY HILLS
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE
58 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
3) PCN: 08-43-45-21-14-000-5060
LEGAL DESCRIPTION:
LOTS 506 AND 507 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
4) PCN: 08-43-45-21-14-000-5030
LEGAL DESCRIPTION:
LOTS 503 AND 504 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
5) PCN: 08-43-45-21-14-000-4990
LEGAL DESCRIPTION:
LOTS 499 AND 500 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
6) PCN: 08-43-45-21-14-000-5210
LEGAL DESCRIPTION:
LOTS 521 AND 522 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
7) PCN: 08-43-45-21-14-000-5010
LEGAL DESCRIPTION:
LOTS 501 AND 502 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
8) A PORTION OF PCN: 08-43-45-21-00-000-3070
LEGAL DESCRIPTION:
A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 6359, AT PAGE 818 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, LYING WITHIN THE NORTHWEST ONE-QUARTER (NW 14) OF
SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, FLORIDA, AND LYING
SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE LAKE WORTH
DRAINAGE DISTRICT CANAL C-16 (ALSO KNOWN AS THE BOYNTON
CANAL), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 519, CHERRY HILLS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4, PAGE 58, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 89053 '46" WEST ALONG THE NORTH LINE OF SAID
LOT 519 AND THE NORTH LINE OF LOTS 520, 521 AND 522 OF SAID CHERRY
HILLS SUBDIVISION FOR A DISTANCE OF 100.00 FEET; THENCE NORTH
01049'00" WEST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF
SAID LOT 522 FOR A DISTANCE OF 53.42 FEET TO A POINT ON THE NORTH
LINE OF THE PARCEL OF LAND DESCRffiED IN OFFICIAL RECORDS BOOK
6359, AT PAGE 818, SAID NORTH LINE BEING COINCIDENT WITH THE SOUTH
RIGHT OF WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT CANAL C-
16; THENCE NORTH 89046'40" EAST ALONG SAID NORTH LINE FOR A
DISTANCE OF 99.99 FEET TO A POINT OF INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 519; THENCE
SOUTH 01049'00" EAST 53.63 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM
BEACH COUNTY, FLORIDA
CONTAINING 5,350 SQUARE FEET MORE OR LESS.
VIII.-PUBLIC HEARING
ITEM C.I
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January 17,2006
December 5, 2005 (Noon)
D February 7, 2006
D February 21, 2006
i:8J February 28, 2006
D March 21, 2006
January 17, 2006 (Noon)
November 14, 2005 (Noon.)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 21,2006 (Noon)
January 3, 2006 (Noon)
March 6, 2006 (Noon)
:. ...1
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NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
i:8J Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
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RECOMMENDATION: Please place this request on the February 28,2006 City Commission Agenda under
Public Hearing to coincide with the corresponding land use amendment and rezoning request. The Community
Redevelopment Agency Board recommended that the subject request be approved on February 14, 2006, subject to all staff
comments. So that final approval of the land use and zoning changes precede consideration of this master site plan
modification request, staff recommends that this item be heard but then tabled to the March 21 st meeting for final action to
follow ordinance approval. For further details pertaining to the request, see attached Department Memorandum No. PZ 06-
009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wilson Center Complex (MSPM 05-011)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
211 NW 13th Avenue
Request Major Site Plan Modification approval for park
expansion and improvements to include a 13,816 square foot
recreation community center, a lighted multi-purpose athletic field, playground, picnic
area, basketball courts, new swimming pool, and a refurbished pool building and
additional parking on 5.27 acres zoned REC.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
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Developmen e a nt Director City Manager's Signature
P11~;oo ~rreeto' City Attorney / Fmaoce / Hwrum R"o"""
S:\Planning\SHARED\WP\PROJECTS\Wilson Center\MSPM\Agenda Item Request Wilson Center Complex MSPM OS-OIl 2-28-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 06-011
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael RumPf't1.~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler t:z:.-
Planner
DATE:
February 7, 2006
PROJECT NAME/NO:
Wilson Center Complex / MSPM 05-011
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Applicant: City of Boynton Beach
Agent: Mr. Wally Majors, City of Boynton Beach Recreation & Parks Department
Location: 211 NW 13th Ave (see Location Map - Exhibit "A'')
Existing Land Use: Recreational (R), and Medium Density Residential (MeDR)
Proposed Land Use: Recreational (R) (see LUAR 06-005)
Existing Zoning: Recreation (REe), and Single- and Two-Family Dwelling (R-2) Districts
Proposed Zoning: Recreation (REe) District (see LUAR 06-005)
Proposed Use: Recreation / Community Park Expansion
Acreage: 5.27 acres (229,340 square feet)
Adjacent Uses:
North: C-16 Canal, and farther north, single-family residential in Rolling Green
Subdivision zoned R-1;
South: Single-family residential in Poinciana Heights Subdivision zoned R-1A;
East: NW 1st Street, and further east, one- and two-family residential in
Poinciana Heights Subdivision zoned R-2, and Poinciana Elementary
School zoned PU; and,
West: One- and two-family residential zoned R-2 in Poinciana Heights
Subdivision.
Staff Report - Wilson Center (MSPM 05-011)
Memorandum No PZ 06-011
Page 2
PROPERTY OWNER NOTIFICATION
All property owners within 400 feet of the subject property were mailed a notice of this request for a major
site plan modification and its respective hearing dates per the Applicant! Agent who has certified that the
required signage was posted and notices mailed in accordance with Ordinance No. 04-007.
Site Location:
Proposal:
Concurrency:
Traffic:
Generally located west of Sea crest Boulevard and south of the C-16 Canal within
the City's Community Redevelopment Area, the subject property is situated north of
N.W. 12th Avenue, east of N.W. 3rd Street and west of N.W. 1st Street (see Location
Map - Exhibit "A"). The Wilson Center is a City-owned and operated community
park which consists of approximately 4 acres zoned Recreation (REe), and includes
a community pool and pool building, a baseball / softball field, two (2) basketball
courts, a recreational community center of 5,365 square feet, and related parking.
BACKGROUND
The City Recreation and Parks Department is requesting approval of a major site
plan modification for the proposed Wilson Center park expansion and redevelopment
project. The City's 2001 Heart of Bovnton Community Redevelooment Plan proposes
a major update and expansion of the existing Wilson Center park facilities as a key
project, including the acquisition of additional property. As planned, the City has
acquired additional property to expand the Wilson Center Complex from
approximately 4 acres to 5.27 acres. Approval of the site plan will be contingent
upon the approval of the accompanying request for land use amendment / rezoning
(LUAR 06-005) of the additional property from residential land use and zoning to
recreational land use and zoning.
The proposed Wilson Park Complex will be open from sunrise to 9:00 p.m. and will
include the following facilities: construction of a 2-story community center of 13,816
square feet, a lighted multi-purpose athletic field, a tot lot playground, a picnic area
with pavilions, two (2) basketball courts, new pool which will replace the existing
pool, a refurbished pool building, a lighted open play area, and additional parking.
New community center facilities will include a multipurpose room, kitchen, office, and
restrooms on the first floor, and two (2) classrooms, an assembly area, a game room,
office, and restrooms on the second floor. An athletic field for baseball / softball will
be replaced by a multipurpose field and play / picnic area, and the existing basketball
courts will be relocated on site.
ANALYSIS
A traffic statement prepared by Kimley-Horn and Associates, Inc. indicates an
increase of 110 new external daily trips for the proposed Wilson Center Complex.
The traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review to ensure an adequate level of service. Based on their review,
the Traffic Division determined that the proposed redevelopment project meets the
Traffic Performance Standards (TPS) of Palm Beach County, however, no building
permits are to be issued by the City after the build-out date of 2007. The County
traffic concurrency approval is subject to the Project Aggregation Rules as set forth
in the TPS Ordinance.
Staff Report - Wilson Center (MSPM 05-011)
Memorandum No PZ 06-011
Page 3
Utilities: Potable water and sanitary sewer / 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 (see Exhibit "C" - Conditions of Approval). In
addition, fire flow calculations will be required which demonstrate compliance with
the greatest requirements (see Exhibit "C" - Conditions of Approval).
Fire I Police: These departments have reviewed the site plan and determined that emergency
services are available to the proposed project with an appropriate response time.
Emergency service providers expect to be able to utilize their current or anticipated
resources to maintain an adequate level of service for the proposed project.
Drainage: Conceptual drainage information was provided for review. The Engineering
Division has found the conceptual information to be adequate, and is
recommending that full drainage plans, including drainage calculations, be required
at the time of permitting (see Exhibit "C" - Conditions of Approval).
Land Assemblage: Additional city-owned properties consisting of several lots have been added to the
Wilson Center for the proposed park expansion. A recorded Unity of Title is
required to combine all the parcels for the Wilson Center Complex into one (1) lot
(see Exhibit "C" - Conditions of Approval). The platted rights-of-way located in the
interior of the subject property (NW 2nd Street and a portion of NW 13th Avenue)
were previously abandoned by the City to accommodate park uses.
Driveways: The Wilson Center Complex will have two (2) points of ingress / egress: one from
N.W. 12th Avenue, and another from N.W. 1st Street. Both access points will lead
into and out of a newly expanded and reconfigured parking lot for the recreation
facilities.
Parking: Per the Land Development Regulations, reqUired parking is based on the proposed
uses. A government operated community center use requires one (1) parking
space per 100 square feet of gross floor area (13,816 sf = 138 spaces). In
addition, the community pool use requires one (1) space per thirty (30) square feet
of water area (3,480/30 = 116 spaces). The outdoor athletic (basketball) courts
require one (1) parking space per 1,500 square feet of court area and adjoining
paved area (13,520/1,500 = 9 spaces). If calculated based on the individual uses
proposed, the total parking required is 263 spaces (including 9 spaces designated
for handicap use). The site plan proposes a reconfigured and expanded parking
area that will provide a total of 110 on-site parking spaces. However, as further
explained below, facility programming will prevent concurrent activities that would
be parking intensive, and special events or peak periods will be accommodated by
parking resources at the adjacent elementary school.
The City Recreation and Parks Department has an interlocal agreement with the
adjacent Poinciana Elementary school to utilize the school parking lot for overflow
parking when necessary. The interlocal agreement with the school will provide the
remainder of the required parking spaces (153) off-site. The adjacent school site
has 91 available parking spaces and a grassed area for overflow parking that can
accommodate the remaining 62 spaces required. This shared off-site parking may
Staff Report - Wilson Center (MSPM 05-011)
Memorandum No PZ 06-011
Page 4
Landscaping:
Building and Site
Design:
be used for the park complex during the evenings, weekends, and summers when
there is available parking at the school site. The City will control the scheduling of
recreational activities at the community center and at the pool, and can therefore
avoid any parking conflicts / shortages.
The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned
nine (9) feet in width and 18 feet in length and include wheelstops. All proposed
parking stalls, including the size and location of the handicap spaces, were
reviewed and approved by both the Engineering Division and Building Division. In
addition, all necessary traffic control signage and pavement markings will be
provided on site to clearly delineate areas on site and direction of circulation.
Staff has reviewed the landscape plan and determined that it complies with the
landscaping requirements of the Land Development Regulations. Landscaping will
include Southern Magnolia trees along the north and west property lines, Queen
Crepe Myrtle trees around the building foundation, and Royal Poinciana trees to the
side of the building near the playground. Native Live Oak and Gumbo Limbo trees
will shade the parking lot, which will be screened with a perimeter hedge of native
Cocoplum shrubs. All trees are required to be a minimum of 12 feet in height upon
planting and shrubs are required to be a minimum of 24 inches in height. A
minimum of fifty percent (50%) of site landscape materials must be native species.
The landscape plan indicates 75% of the trees will be native species.
The City signature trees (Tibouchina Granulosa) will be located on each side of the
access drive and near the intersection of NW 12th Avenue and NW 1st Street. All
above ground mechanical equipment will be visually screened and all planted areas
on site will be irrigated in accordance with the landscape code requirements.
The existing one-story recreation building is to be removed, and a new two-story
13,816 square foot recreational community center will be constructed in a
centralized location of the park. The proposed building location on site far exceeds
the minimum setback requirements (25 feet front, side, and rear) of the REC
zoning district. The architecture of the proposed community center is "Floribbean",
a mix of Old Florida and Caribbean styles, the urban design concept approved for
the Heart of Boynton Community Redevelopment Area.
The proposed building's main entrance projects in a curvilinear design, and is
enhanced by a covered porch on the first floor, and a balcony with railings on the
second floor. The proposed building color is typical of the Floribbean style (pastel
colors such as pink, white, yellow, gray, or blue). The building will have a
standing-seam metal pitched roof (silver color of Natural Galvalum), blue siding
(Alice Springs SW5563M), and white trim (Classic White SW61260). Visual interest
has been added to the proposed building through the use of architectural details
such as French doors, decorative porthole windows, and Bahama shutters. A
decorative cupola ten (10) feet in height, with windows and matching Bahama
shutters, is proposed on top of the roof for aesthetic purposes. Approval of the
building elevation with the proposed cupola is contingent upon approval of the
accompanying request for a height exception (see HTEX 06-002).
Staff Report - Wilson Center (MSPM 05-011)
Memorandum No PZ 06-011
Page 5
The first floor of the community center facility will include a 2,695 square foot
multipurpose room without fixed seats, a 600 square foot catering/food service
area, office, restrooms, and a large entry lobby area with an elevator and stairway.
The second floor will include two (2) large classrooms (a general classroom and a
computer classroom), and a separate seating area above the lobby, a game room,
office, restrooms, elevator and stairway. The interior of the existing pool building
will be updated and the existing pool and deck will be replaced and updated. All
park facilities will be accessible to the handicapped.
A picnic shelter and chilled water fountain are proposed near the tot lot
playground. Two picnic shelters and barbeque grills are proposed near the open
play area located north of the tot lot. Both areas are surrounded by connected
walkways. Bike racks will be proVided between the pool building and tot lot,
between the tot lot and the community center, and near the basketball courts.
Building Height: Elevation drawings indicate the proposed two-story building complies with the
maximum building height of 45 feet allowed in the REC zoning district. However,
the decorative cupola proposed on top of the building will increase the building
height to 52 feet, which is seven (7) feet above the maximum height allowed. A
height exception (HTEX 06-002) is requested concurrent with this site plan
modification request.
Site Lighting: The photometric plan indicates several types of freestanding light poles for the park
expansion. The sports lighting, ranging in height from 45 to 60 feet and supported
by concrete poles, will be placed around the pool deck, basketball courts, and the
open play area / multipurpose athletic field. Freestanding lights will also be located
throughout the parking lot. The freestanding lights will have square concrete poles
a maximum of 30 feet in height, and be shielded to direct the light downward to
avoid glare onto adjacent properties and passing motorists. In addition,
freestanding lights will be located along walkways in the park.
Signage: An externally illuminated monument sign identifying The Wilson Center and its
address is proposed near the intersection of NW 12th Avenue and NW 1st Street.
The park sign will comply with the minimum set back of ten (10) feet from the
property line, and be located out of the safe sight triangle. The monument sign will
be six feet or less in height and include the City logo. The sign shall comply with
the applicable Land Development Regulations, which include landscaping around
the sign.
RECOMMENDATION:
Staff has reviewed this request for approval of a major site plan modification. Staff recommends approval,
contingent upon all comments indicated in the recommended Conditions of Approval - Exhibit "C". The
Technical Advisory Review Team (TART) recommends that the deficiencies identified in this exhibit be
corrected on the set of plans submitted for building permit. Also, any additional conditions recommended
by the Board or City Commission shall be documented accordingly in the Conditions of Approval.
MR/kz
S:\Planning\Shared\Wp\Projects\Wilson Center\MSPM 05-011 \Staff Report.doc
LOCATION MAP OF WILSON PARK COMPLEX - EXHIBIT "A"
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EXHIBIT "C"
Conditions of Approval
Project name: Wilson Center Complex
File number: MSPM 05-011
Reference: 2ndstreview plans identified as a Maior Site Plan Modification with a January 3. 2006 Planning &
Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
2. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
3. No site survey was provided, only a Topographic Survey (Sheet C-14.) In X
reviewing this Topographic Sheet, the Legal Description reflects (in part),
that this area includes Lots 489 thru 536 inclusive as shown on the plat of
CHERRY HILLS along with additional lands. This is not accurate. Only
Lots 489 thru 506 and Lots 519 thru 536 of the plat are a part of this
property. Lots 507 thru 518 were included in the redevelopment of the
Poinciana Elementary School parcel. Please have the applicant's surveyor
rectify the legal description for this Recreational Facility. Surveyor will be
instructed by City to revise final survey to reflect these comments, and
additional property acquisition by City. Revised final survey will be
submitted with final signed and sealed plans.
4. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Use a 25-foot sight triangle for driveways onto local roads
(NW 1 st St.).
5. Sidewalks adjacent to parking lots shall be continuous through all driveways X
and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article
II, Section P).
6. Provide an engineer's certification on the Drainage Plan as specified in X
LDR, Chapter 4, Section 7.F.2.
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 2
.
DEPARTMENTS INCLUDE REJECT
7. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
8. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
9. Palm Beach County Health Department permits will be required for the X
water and sewer svstems serving this project (CODE, Section 26-12).
10. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by Insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
12. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
13. Add a gate valve downstream of the proposed fire hydrant on the north side X
of the building.
14. Correct discrepancy between the call-out for the existing sanitary sewer (8- X
in. vs. 9-in.)
15. Abandon entire portion of the 2-inch water main from the tee in NW 1 sl St. X
to the tee in NW 3rd St. Portions of the 2-in. water within the road rights-of-
way may be abandoned in place.
16. Show mains and points of service, including meter locations, for the pool X
house and pool.
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 3
DEPARTMENTS INCLUDE REJECT
17. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments:
18. Provide a sheet that clearly shows the location of all fire hydrants and Fire X
Department Connections to the fire sprinklers.
19. Provide details for the fences around the pool. X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
20. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
21. 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.
22. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
23. Add to the 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 door/s to the building. 200 I FBC, Sections 11-4.1.2, 11-4.1.3, and
11-4.3.
24. 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 parking space/s and the accessible entrance door/s to the
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 4
DEPARTMENTS
building. The installed symbol, required along the path, shall start at the
accessible parking space/s and terminate at the accessible entrance door/s to
the building. The symbol shall represent the location of the path of travel,
not the location of the detectable warning or other pavement markings. The
location of the accessible path shall not compel the user to travel in a
drive/lane area that is located behind parked vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum clear width of an
accessible route shall be 36 inches, except at curb ramps that are part of a
required means of egress shall not be less than 44 inches). Add text to the
drawing that would indicate that the symbol represents the accessible route
and the route is designed in compliance with 2001 FBC, Section 11-4.3
(Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones).
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 m the 2001 FBC. This
documentation shall include, but not be limited to, providing finish grade
elevations along the path of travel.
INCLUDE REJECT
25. If an accessible route has less than 60 inches clear width, then passing X
spaces at least 60 inches by 60 inches shall be located at reasonable
intervals not to exceed 200 feet. A "T"-intersection of two corridors or
walks is an acceptable passing place. 2001 FBC, Section 11-4.3.4.
26. 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:
· 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."
· 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.
· 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).
27. On the drawing titled site plan identify the property line. X
28. As required by the CBBCO, Part III titled "Land Development
Regulations", submit a site plan that clearly depicts the setback dimensions
from each property line to the leading edge of the building. The leading
edge of the building begins at the closest point of the overhang or canopy to
the property line. In addition, show the distance between all the buildings on
all sides.
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 5
.
DEPARTMENTS INCLUDE REJECT
29. 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
readilv available.
30. 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.
31. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
· The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
· The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
32. Add a general note to the site plan that all plans submitted for permitting X
shall meet the City's codes and the applicable building codes in effect at the
time of permit application.
33. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
34. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
35. Sheet C-03 - Accessible parking spaces serving a particular building shall X
be located on the shortest safety accessible route of travel from adjacent
parking to an accessible entrance. Relocate the handicap parking spaces to
the area adjacent and north of the community center. FBC Section 11-4.6.
36. Sheet LSP-l refers to Table 1004 for exiting distance, length and width. If X
you are designing on the 2004 FBC, this table is wrong. Refer to the correct
table and code sections.
37. Sheet LSP-l - The square footage per person stated for the occupant load X
determination for assembly occupancy is shown as seven square feet net for
the first floor and fifteen square feet for the second floor. Are these both
classified as unconcentrated? Please clarify.
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 6
DEPARTMENTS INCLUDE REJECT
38. Sheet LSP-2 - The elevator shall comply with Chapter 11-4.10 of the FBC. X
39. Sheet A-5 - The guardrails at the second floor deck shall comply with X
Section 1012 of the 2004 FBC.
40. The architectural plans refer to the 2001 FBC and the title sheet refers to the X
2004 FBC. Clarify. (Check structural drawings also).
41. Sheet A-14 - Delete details that are not applicable to this project (e.g. X
shower details).
42. Clearly indicate the extent of alterations to be done to the existing pool X
building.
43. * NOTE: This review is not inclusive of all disciplines. A comprehensive X
plan review will be performed at the time of permit application.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
44. Submit a copy of a recorded Unity of Title which includes all the land X
within the Wilson Park Complex as indicated on the site olano
45. Revise site plan application to include all the following property control X
numbers for the subject property: (8. PCN): 08-43-45-21-00-000-3050, 08-
43-45-21-14-000-4890, 08-43-45-21-14-000-5230, 08-43-45-21-14-000-
5230, 08-43-45-21-14-000-5210, 08-43-45-21-14-000-5192, 08-43-45-21-
14-000-5191, 08-43-45-21-14-000-4990, 08-43-45-21-14-000-5010, 08-43-
45-21-14-000-5030, 08-43-45-21-14-000-5060, and a portion of 08-43-45-
21-00-000-3070.
46. Revise site plan to include the following information as tabular site data: X
existing and proposed uses and corresponding square footage, minimum
setbacks for REC zoning district (25' front, side, rear), and parking
calculations including number of spaces required and number of spaces
provided including number of handicapped spaces (community center is 1
soace oer 100 square feet of gross floor area, pools is 1 soace per 30 square
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 7
DEPARTMENTS INCLUDE REJECT
feet of water area, outdoor athletic courts is 1 space per 1500 square feet of
court area and adjoining paved area).
47. The vehicular back-up distance, parking stall dimensions, and drive aisles X
are subject to the Engineering Division of Public Works' review and
approval.
48. Indicate diagonal striping for the sanitation truck turnaround area as a "no X
parking! loading zone", and include "do not enter" sign! "service vehicles
only" in the area near the crosswalk to prevent parking of vehicles on
pavement that is not designated! striped for vehicle parking.
49. Provide water fountains and benches in needed areas of the park per X
recommendations for park improvements listed in the Heart of Boynton
Redevelopment Plan.
50. Indicate any outdoor mechanical equipment and type of required screening X
of equipment.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None X
CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWR/kz
S:\Planning\Shared\WP\PROJECTS\Wilson Center\MSPM 05-011 \COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Wilson Center Complex
APPLICANT'S AGENT: Mr. Wally Majors, Recreation and Parks Director
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 28, 2006
TYPE OF RELIEF SOUGHT: Request a major site plan modification for expansion and
improvements, including a 13,816 square foot recreation community center on 5.27 acres
zoned REC.
LOCATION OF PROPERTY: 211 NW 13th Avenue (Wilson Park).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Wilson Center\MSPM 05-011\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 14, 2006
not shown on the plan before the Board. He said the Board was considering approval of a plan
that did not include any trees on the medians on the revised roadway. Those were the types of
changes they were talking about. They felt they were minor, but he hoped the Board would
include their landscaping requests, at least. He asked the Board to instruct the developer to
meet with INCA one more time so they could come forward to the City with a finalized site plan
that took their requests and agreements into consideration. He felt the changes were minor.
Ms. Horenburger said in the motion she was going to make, staff would be authorized to review
the proposed changes recommended by INCA.
Chair Heavilin closed the public hearing when no one else came forward.
Motion
Mr. Barretta moved to approve the request for land use plan amendment/rezoning for
Yachtsman's Cove, subject to all staff conditions. Mr. Myott seconded the motion that passed
6-0.
Motion
Mr. Barretta moved to approve the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRe) to Special High Density Residential (SHDR), related to the Yachtsman's Cove
request, subject to any conditions. Mr. Myott seconded the motion that passed 6-0.
Motion
Ms. Horenburger moved to approve Yachtsman's Cove's request for new site plan approval
NWSP 06-003, subject to satisfaction of all comments indicated in Exhibit C, Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the conditions of approval. The CRA recommends the City review
the adjustments and changes recommended by INCA. Mr. Barretta seconded the motion that
passed 6-0.
Motion
Mr. Barretta moved to approve Yachtsman's Cove's request for abandonment (ABAN 06-001),
and relocation of a portion of the N.E. 15th Place right-of-way per the approved site plan. Mr.
Myott seconded the motion that passed 6-0.
The Board complimented staff and the developer for the presentation of a nice project and a
much-needed improvement.
B. Land Use Plan Amendment/Rezoning
1.
Project:
Agent:
Owner:
Location:
Descri ption:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request to amend the Comprehensive Plan
Future Land Use Map from Medium Density
Residential (MeDR) to Recreational (R); and
13
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 14, 2006
Proposed Use:
Request to rezone from Single and Two-
Family Dwelling District (R-2) to Recreation
(REe) district.
Recreation (expansion of the Wilson Center
Park Complex)
Major Site Plan Modification
2.
Project:
Wilson Center Complex (MSPM 05-
011)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request Major Site Plan Modification
approval for park expansion and
improvements to include a 13,816 square
foot recreation community center, a lighted
multi-purpose athletic field, playground,
picnic area, basketball courts, new
swimming pool, and a refurbished pool
building and additional parking on 5.27
acres zoned REC.
Agent:
Owner:
Location:
Description:
Height Exception
3.
Project:
Agent:
Owner:
Location:
Description:
Wilson Center Complex (HTEX 06-002)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request for Height Exception approval to
allow a decorative cupola on the roof of the
proposed two (2)-story Wilson Park
community center building at a height of 52
feet, seven (7) feet above the maximum
building height limit of 45 feet in the REC
zoning district.
Kathleen Zeitler, Planner, reviewed the staff report and recommendations for the land use plan
amendment and rezoning changes. The City-owned and operated park is expanding in the
Heart of Boynton area. The proposed expansion is consistent with the Comprehensive Plan and
staff recommends approval of the land use and rezoning. Also, there was a major site plan
modification for the expansion where additional lots were being added. The City proposes to
increase the site from approximately four acres to 5.72 acres.
Ms. Horenburger was curious since there was an expansion and yet the report said, "Fiscal
Impact Funding Source - None." The explanation was that there was no cost to the CRA.
14
Meeting Minutes
Community Redevelopment Agency
Boyntun Beach, Florida
February 14, 2006
Ms. Zeitler showed floor plans for the Center detailing classrooms, computer rooms, small
kitchens, restrooms, and large lobby areas. The building was of Floribbean architecture with a
standing seam metal roof. The building itself was 42 feet in height but the decorative cupolas
planned for the two-story Wilson Park Community Center building extended to 52 feet and
required a height exception.
Vivian Brooks, CRA Planning Director, indicated this was one of the key projects in the Heart of
Boynton Redevelopment Plan and she was excited to see it come forward. This project
represented real movement in the HOB area, which should be well received by the residents.
She recommended approval.
Mr. Myott asked for a colored rendering of the project and one was provided. The building is
light blue in color.
Wally Majors, Recreation & Parks Director, indicated the City had no issues with the conditions
of approval and was looking forward to moving the project forward.
Chair Heavilin opened the floor for public comment. Since no one came forward, Chair Heavilin
closed the floor.
Motion
Ms. Horenburger moved to approve amendment of the Wilson Center Complex (LUAR 06-005)
Comprehensive Plan Future Land Use Map from Medium Density Residential to Recreational and
to rezone from Single and Two-family Dwelling District to Recreation district. Mr. Myott
seconded the motion that passed 5-0. (Mr. DeMarco was out of the room.)
Motion
Ms. Horenburger moved to approve the Wilson Center Complex (MSPM 05-011) major site plan
modification for park expansion improvements to include a 13,816 square foot recreation
community center, a lighted multi-purpose athletic field, playground, picnic area, basketball
courts, new swimming pool, and a refurbished pool building and additional parking on 55.27
acres zoned Recreation. Mr. Norem seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Wilson Center Complex (HTEX 06-002) request for
height exception approval to allow a decorative cupola on the roof of the proposed two-story
Wilson Park Community Center building at a height of 52 feet, seven feet above the maximum
building height limit of 45 feet in the Recreation zoning district. Mr. Norem seconded the
motion.
Ms. Horenburger suggested City staff or the CRA move forward with a Code amendment stating
cupolas would be exempt from the height limitations. They were a recurring issue.
Mr. Barretta did not believe the Board had voted on the height exception issue in the
Yachtsman's Cove project. Attorney Spillias pointed out they had not made an application for a
height exception and when they did, it would be brought before the Board. The conditions
indicated a height exception request and approval would be necessary.
15
Mep'
Co
Be
""(=~S
. ~.('development Agency
dl, Florida
February 14, 2006
T: ;fluUon passed 6-0. (Mr. DeMarco was back on the dais.)
VII. Pulled Consent Agenda Items
IV-G Acceptance of the Minutes from the CRA Board Meeting -January 10,2006
Attorney Spillias indicated on page 15 of the subject minutes, first full paragraph, second
sentence, the words would be should be inserted in front of determined and the word
determined followed by later, with the rest of the sentence proceeding as stated.
He wanted it to be clear the quick take process did not have the taking and the amount
determined at the same time. He was saying that in the quick take method, you get the
property and the amount is determined at a later time.
Motion
Mr. Barretta moved to approve the subject minutes as amended. Mr. Myott seconded the
motion that passed 6-0.
IV-I Consideration of a Contract with L.J. Craig & Associates to provide Job Task
Analysis and Establish Full Time Employee (FTE) Staffing Requirements
Chair Heavilin wanted assurance that setting of goals and accountability for the different
positions would be part of the scope of work. Ms. Bright responded several Board members had
expressed interest in having work plans and management by objectives. L. J. Craig & Associates
would be analyzing the CRA job descriptions, establishing accountability and determining
individual workloads. Chair Heavilin felt that prior to this, there had been very little goal setting
or accountability and Ms. Bright agreed.
Motion
Mr. Norem moved to approve a Contract with LJ. Craig & Associates to provide Job Task
Analysis and Establish FTE Staffing Requirements. Mr. Myott seconded the motion that passed
6-0.
IV-K Consideration of a General Fund Budget Amendment for the CRA 2005-2006
Approved Budget (Resolution 05-14)
Mr. Myott asked Mr. Reardon to comment on this item.
Robert Reardon, CRA Finance Director, explained the item related to amendments to the 2005-
2006 Budget.
Mr. Myott asked about losing the contingency in Exhibit A. Mr. Reardon indicated he had found
the money in the bond principal payment "guesstimate, and put it into the contingency account
when the budget transitioned from a narrative one to account-based budgeting. In the future,
he \Nould be In charge of budget preparation and would work with the Board. If the Board
chose to have a contingency account for its own purposes, he would only suggest changes to
the GJntingency account based on the Board's recommendation. In every other account, he
would be able to move money from department to department on his own. He would be coming
16
VIII.-PUBLIC HEARING
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 Form Must be Turned
in to City Clerk's Office
0 December 6, 2005
0 December 20, 2005
0 January 3, 2006
0 January 17, 2006
December 5, 2005 (Noon)
o February 7, 2006
o February 21 , 2006
[gI February 28, 2006
o March 21, 2006
January 17,2006 (Noon)
November 14,2005 (Noon.)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 21, 2006 (Noon)
January 3, 2006 (Noon)
March 6, 2006 (Noon,
;, ~~ ~~
--..(.
~,:'J
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
[gI Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
f~Jl
'. j
-,J
--.!
C'"i
{:)
;;,:D
.....:('1
,.~~~>
"I.J
::r:
RECOMMENDATION: Please place this request on the February 28,2006 City Commission Agenda under
Public Hearing to coincide with the corresponding land use amendment and rezoning request. The Community
Redevelopment Agency Board recommended that the subject request be approved on February 14, 2006, subject to all staff
comments. So that final approval of the land use and zoning changes precede consideration of this height exception request,
staff recommends that this item be heard but then tabled to the March 21 st meeting for fmal action to follow ordinance
approval. For further details pertaining to the request, see attached Department Memorandum No. PZ 06-008.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wilson Center Complex (HTEX 06-002)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
211 NW 13th Avenue
Request for Height Exception approval to allow a decorative
cupola on the roof of the proposed two (2)-story Wilson Park
community center building at a height of 52 feet, seven (7) feet
above the maximum building height limit of 45 feet in the REC
zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
-Ie-
:A~
~veJt- \~ ~
~\~ D~ (;l~'"
4ri"'~ C.\, ~t-
~
Development partm t Director City Manager's Signature
.}:;:;:/-10. zUkctm City Attorney / 'ffianc, / Hmrum R"o"",,,
S:\Planning\SHARED\WP\PROJECTS\Wilson Center\HTEX\Agenda Item Request Wilson Center Complex HTEX 06-002 2-28-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-008
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael Rum~
Director of Planning and Zoning
Kathleen Zeitler tz-
Planner
February 7, 2006
Wilson Center Complex / HTEX 06-002
Height Exception
City of Boynton Beach
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
City of Boynton Beach
Mr. Wally Majors, City of Boynton Beach Recreation & Parks Department
Wilson Center Complex, 211 NW 13th Avenue (see Location Map - Exhibit "A")
Recreational (R), and Medium Density Residential (MeDR)
Recreation District (REe), and, Single- and Two-Family Dwelling District (R-2)
Recreational (R) (see LUAR 06-005)
Recreation (REe) (see LUAR 06-005)
Recreation / Community Park
5.27 acres (229,340 square feet)
C-16 Canal, and farther north, single-family residential in Rolling Green
Subdivision zoned R-1;
Single-family residential in Poinciana Heights Subdivision zoned R-1A;
NW 1st Street, and farther east, one- and two-family residential in Poinciana
Heights Subdivision zoned R-2, and Poinciana Elementary School zoned P-U;
and,
One- and two-family residential in Poinciana Heights Subdivision zoned R-2.
Page 2
Wilson Center HTEX 06-002
Memorandum No. PZ 06-008
BACKGROUND
The City of Boynton Beach has acquired several residential lots along NW 1st Street adjacent to the existing
Wilson Center Park in order to expand and redevelop the community park complex. The subject property
is located within the Community Redevelopment Area (CRA), and the proposed park expansion and
redevelopment is noted as a key project of the Heart of Boynton Community Redevelopment Plan. The
acquired residential portion of the project is currently pending approval of a land use amendment request
(LUAR 06-005) from Medium Density Residential (MeDR) land use classification to Recreational (R) land
use classification, and a rezoning request (LUAR 06-005) from the Single- and Two-Family Dwelling District
(R-2) to the Recreation District (REe). In addition, the subject property is also pending approval of a major
site plan modification (MSPM 05-011) for the proposed park expansion and redevelopment. Approval of
the site plan will be contingent upon the approval of the accompanying request for land use amendment /
rezoning (LUAR 06-005).
The Wilson Park site plan modifications indicate a two-story 13,816 square foot community center to be
constructed. Although the new building will comply with the maximum height as permitted under the REC
zoning district, there is a certain element of the building that exceeds the 45-foot threshold. That element
is the subject of this request for height exception. The exterior building elevations reveal that a proposed
decorative cupola, approximately ten (10) feet in height, will be located on top of the community center
and will exceed the maximum height of 45 feet for structures located in the REC zoning district. The
height exception would only be required for the two-story community center building (see Exhibit "B").
The exterior building elevations indicate that the elevation from finished floor to the highest point of the
cupola is 52 feet. The applicant requests a height exception of seven (7) feet above the maximum height
of 45 feet allowed in the REC zoning district.
ANALYSIS
The objective of the CRA, in part, is to support and stimulate revitalization efforts in the heart of the City.
Staff recognizes that a viable community center will offer a mix of recreational uses to various age groups
and will greatly benefit the public. The architecture for the proposed community center is a Floribbean
theme with a standing-seam metal roof and a cupola or dome on the highest point of the roof. The
architectural enhancement of the cupola is decorative in nature and considered non-habitable space. The
cupola raises the building height slightly above the maximum height allowed, but is necessary to provide
articulation and give the building a more desirable aesthetic appearance.
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions,
limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished
floor. Noted exceptions to the maximum building height include noncommercial towers, church spires,
domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures.
However, the noted exceptions are allowed only through obtaining approval from the City Commission.
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 City Commission approved a new method for measuring building height based on roof type
(Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent
with current standards and to allow more flexibility in building design. Plans indicate the proposed
community center will have a gable or hip roof. Building height for gable or hip roofs is measured from
the finished grade to the midpoint between the eaves and the ridge. The two-story community center
building will comply with the REC zoning district height limitation of 45 feet (roof is apprOXimately 36 feet
Page 3
Wilson Center HTEX 06-002
Memorandum No. PZ 06-008
and the midpoint between eaves and ridge, and 42 feet at highest point), but with the decorative cupola
the maximum building height is exceeded by seven (7) feet.
The proposed building height of 52 feet (which includes the cupola) is mitigated by the location of the
building on the lot. The proposed building will be setback 123 feet from NW 12th Avenue and 143 feet
from NW 1st Street. In comparison, the minimum setback for the REC zoning district is 25 feet. The
proposed height would be compatible with the neighborhood presence envisioned for the Wilson Center
Complex, a key redevelopment project in the REC zoning district. As evidenced by previous approvals,
this request for height exception would not constitute a grant of special privilege.
RECOMMENDATION
As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying
requests for land use amendment and rezoning (LUAR 06-005) and for major site plan modification (MSPM
05-011) of the Wilson Center Complex. The applicant meets the criteria as set forth in the Land
Development Regulations. Therefore, staff recommends approval of the request for a 7-foot height
exception, contingent upon satisfying all comments noted in Exhibit "c" - Conditions of Approval (see
MSPM 05-11). Should the Board or City Commission have any additional comments, they will be placed
accordingly within Exhibit "C".
S:\PlannlngISHAREDlWPlPROJECTSIWilson CenterIHTEX 06-002\Staff Report.doc
LOCATION MAP OF WILSON PARK COMPLEX - EXHIBIT "A"
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EXHIBIT "C"
Conditions of Approval
Project name: Wilson Center Complex
File number: HTEX 06-002
Reference: Recreation Building Exterior Elevations (A-4) and Building Sections (A-7) dated 12/15/05
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
CONDITIONS OF APPROVAL
WILSON CENTER (HTEX 06-002)
PAGE 2
DEPARTMENTS INCLUDE REJECT
Comments: None X
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None. X
CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWR/kz
S :\Planning\Shared\ WP\PROJECTS\ Wilson Center\HTEX 06-002\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Wilson Center Complex
APPLICANT'S AGENT: Mr. Wally Majors, Recreation and Parks Director
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 28, 2006
TYPE OF RELIEF SOUGHT: Request for a height exception of seven (7) feet above the maximum
building height of 45 feet for a decorative cupola proposed for a recreation community center on 5.27
acres zoned REC.
LOCATION OF PROPERTY: 211 NW 13th Avenue (Wilson Park).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Wilson Center\HTEX 06-002\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 14, 2006
not shown on the plan before the Board. He said the Board was considering approval of a plan
that did not include any trees on the medians on the revised roadway. Those were the types of
changes they were talking about. They felt they were minor, but he hoped the Board would
include their landscaping requests, at least. He asked the Board to instruct the developer to
meet with INCA one more time so they could come forward to the City with a finalized site plan
that took their requests and agreements into consideration. He felt the changes were minor.
Ms. Horenburger said in the motion she was going to make, staff would be authorized to review
the proposed changes recommended by INCA.
Chair Heavilin closed the public hearing when no one else came forward.
Motion
Mr. Barretta moved to approve the request for land use plan amendment/rezoning for
Yachtsman's Cove, subject to all staff conditions. Mr. Myott seconded the motion that passed
6-0.
Motion
Mr. Barretta moved to approve the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRe) to Special High Density Residential (SHDR), related to the Yachtsman's Cove
request, subject to any conditions. Mr. Myott seconded the motion that passed 6-0.
Motion
Ms. Horenburger moved to approve Yachtsman's Cove's request for new site plan approval
NWSP 06-003, subject to satisfaction of all comments indicated in Exhibit C, Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the conditions of approval. The CRA recommends the City review
the adjustments and changes recommended by INCA. Mr. Barretta seconded the motion that
passed 6-0.
Motion
Mr. Barretta moved to approve Yachtsman's Cove's request for abandonment (ABAN 06-001),
and relocation of a portion of the N.E. 15th Place right-of-way per the approved site plan. Mr.
Myott seconded the motion that passed 6-0.
The Board complimented staff and the developer for the presentation of a nice project and a
much-needed improvement.
B. Land Use Plan Amendment/Rezonin9
1.
Project:
Agent:
Owner:
Location:
Descri ption:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request to amend the Comprehensive Plan
Future Land Use Map from Medium Density
Residential (MeDR) to Recreational (R); and
13
Meeting Min Ies
COmfTlLln.. kedevelopment Agency
Be ; 1. Florida
February 14, 2006
Proposed Use:
Request to rezone from Single and Two-
Family Dwelling District (R-2) to Recreation
(REe) district.
Recreation (expansion of the Wilson Center
Park Complex)
Major Site Plan Modification
2.
Project:
Wilson Center Complex (MSPM 05-
011)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request Major Site Plan Modification
approval for park expansion and
improvements to include a 13,816 square
foot recreation community center, a lighted
multi-purpose athletic field, playground,
picnic area, basketball courts, new
swimming pool, and a refurbished pool
building and additional parking on 5.27
acres zoned REC.
Agent:
Owner:
Location:
Description:
Height Exception
3.
Project:
Agent:
Owner:
Location:
Description:
Wilson Center Complex (HTEX 06-002)
Wally Majors, Recreation & Parks Director
City of Boynton Beach
211 N.W. 13th Avenue
Request for Height Exception approval to
allow a decorative cupola on the roof of the
proposed two (2)-story Wilson Park
community center building at a height of 52
feet, seven (7) feet above the maximum
building height limit of 45 feet in the REC
zoning district.
Kathlecr- Zeitler, Planner, reviewed the staff report and recommendations for the land use plan
amendniE':lt and rezoning changes. The City-owned and operated park is expanding in the
Heart Of Boynton area. The proposed expansion is consistent with the Comprehensive Plan and
staff recommends approval of the land use and rezoning. Also, there was a major site plan
modification for the expansion where additional lots were being added. The City proposes to
increase the site from approximately four acres to 5.72 acres.
Ms. Horer",burger was curious since there was an expansion and yet the report said, "Fiscal
Impact Funding Source - None. II The explanation was that there was no cost to the CRA.
14
Meeting Minutes
CommtJnitv Redevelopment Agency
Boyn:'1( beact-J, Florida
February 14, 2006
Ms. Zeitler showed floor plans for the Center detailing classrooms, computer rooms, small
kitchens, restrooms, and large lobby areas. The building was of Floribbean architecture with a
standing seam metal roof. The building itself was 42 feet in height but the decorative cupolas
planned for the two-story Wilson Park Community Center building extended to 52 feet and
required a height exception.
Vivian Brooks, CRA Planning Director, indicated this was one of the key projects in the Heart of
Boynton Redevelopment Plan and she was excited to see it come forward. This project
represented real movement in the HOB area, which should be well received by the residents.
She recommended approval.
Mr. Myott asked for a colored rendering of the project and one was provided. The building is
light blue in color.
Wally Majors, Recreation & Parks Director, indicated the City had no issues with the conditions
of approval and was looking forward to moving the project forward.
Chair Heavilin opened the floor for public comment. Since no one came forward, Chair Heavilin
closed the floor.
Motion
Ms. Horenburger moved to approve amendment of the Wilson Center Complex (LUAR 06-005)
Comprehensive Plan Future Land Use Map from Medium Density Residential to Recreational and
to rezone from Single and Two-family Dwelling District to Recreation district. Mr. Myott
seconded the motion that passed 5-0. (Mr. DeMarco was out of the room.)
Motion
Ms. Horenburger moved to approve the Wilson Center Complex (MSPM 05-011) major site plan
modification for park expansion improvements to include a 13/816 square foot recreation
community center, a lighted multi-purpose athletic field, playground, picnic area, basketball
courts, new swimming pool, and a refurbished pool building and additional parking on 55.27
acres zoned Recreation. Mr. Norem seconded the motion that passed 5-0.
Motion
Ms. Horenburger moved to approve the Wilson Center Complex (HTEX 06-002) request for
height exception approval to allow a decorative cupola on the roof of the proposed two-story
Wilson Park Community Center building at a height of 52 feet, seven feet above the maximum
building height limit of 45 feet in the Recreation zoning district. Mr. Norem seconded the
motion.
Ms. Horenburger suggested City staff or the CRA move forward with a Code amendment stating
cupolas would be exempt from the height limitations. They were a recurring issue.
Mr. Barretta did not believe the Board had voted on the height exception issue in the
Yachtsman/s Cove project. Attorney Spillias pointed out they had not made an application for a
height exception and when they did, it would be brought before the Board. The conditions
indicated a height exception request and approval would be necessary.
15
Meeting Minutes
Community Redevelopment Agency
13~yntonBeach, Florida
February 14,2006
The motion passed 6-0. (Mr. DeMarco was back on the dais.)
VII. Pulled Consent Agenda Items
IV-G Acceptance of the Minutes from the CRA Board Meeting - January 10, 2006
Attorney Spillias indicated on page 15 of the subject minutes, first full paragraph, second
sentence, the words would be should be inserted in front of determined and the word
determined followed by later, with the rest of the sentence proceeding as stated.
He wanted it to be clear the quick take process did not have the taking and the amount
determined at the same time. He was saying that in the quick take method, you get the
property and the amount is determined at a later time.
Motion
Mr. Barretta moved to approve the subject minutes as amended. Mr. Myott seconded the
motion that passed 6-0.
IV-I Consideration of a Contract with L.J. Craig & Associates to provide Job Task
Analysis and Establish Full Time Employee (FTE) Staffing Requirements
Chair Heavilin wanted assurance that setting of goals and accountability for the different
positions would be part of the scope of work. Ms. Bright responded several Board members had
expressed interest in having work plans and management by objectives. L. J. Craig & Associates
would be analyzing the CRA job descriptions, establishing accountability and determining
individual workloads. Chair Heavilin felt that prior to this, there had been very little goal setting
or accountability and Ms. Bright agreed.
Motion
Mr. Norem moved to approve a Contract with L.J. Craig & Associates to provide Job Task
Analysis and Establish FTE Staffing Requirements. Mr. Myott seconded the motion that passed
6-0.
IV-K Consideration of a General Fund Budget Amendment for the CRA 2005-2006
Approved Budget (Resolution 05-14)
Mr. Myott asked Mr. Reardon to comment on this item.
Robert Reardon, CRA Finance Director, explained the item related to amendments to the 2005-
2006 Budget.
Mr. Myatt asked about losing the contingency in Exhibit A. Mr. Reardon indicated he had found
the money in the bond principal payment "guesstimate, and put it into the contingency account
when the budget transitioned from a narrative one to account-based budgeting. In the future,
he would be in charge of budget preparation and would work with the Board. If the Board
chose to have a contingency account for its own purposes, he would only suggest changes to
the contingency account based on the Board's recommendation. In every other account, he
would be able to move money from department to department on his own. He would be coming
16
VIlli-PUBLIC HEARING
ITEM DI
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 City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6,2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) [8J February 28, 2006 February 21,2006 (Noon)
-.-i
D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) '1
rr1
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D D G)
Administrative Development Plans
D -~~';""
NATURE OF [8J Consent Agenda New Business .' "'-'-.,
.,.,...
AGENDA ITEM D Public Hearing D Legal -,'1
"<""1m
D D cn .".- i'1
Bids Unfinished Business C) -',,"
,'in
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the February 28,2006 City Commission Agenda under
Consent Agenda. The applicant, Public Works Department for the City of Boynton Beach, pulled the subject request from the
February ih meeting to be heard on February 28. The Community Redevelopment Agency Board, recommended that the
subject request be approved on January 10, 2006. For further details pertaining to the request, see attached Department
Memorandum No. PZ 05-200.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Intracoastal Pavilion (MSPM 05-013)
David Stump, Project Manager, City of Boynton Beach
City of Boynton Beach
2240 North Federal Highway
Request for major site plan modification to construct a 12,800 square foot two-story
community center on the 8.88-acre Intra-coastal Park zoned REC.
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PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-200
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
.~ L-
Michael Rumpf (y
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler
Planner
DATE:
November 1, 2005
PROJECT NAME/NO: Intracoastal Park Pavilion/ MSPM 05-013
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Applicant: City of Boynton Beach
Agent: Mr. David Stump, Project Manager, City Engineering Dept.
Location: 2240 North Federal Highway (see Location Map - Exhibit "A")
Existing Land Recreational (R)
Use:
Existing Zoning: Recreation (REe)
Proposed Use: A two-story, 12,800 square foot community center
Acreage: 8.88 Acres
Adjacent Uses:
North: The Harbors townhomes zoned Infill Planned Unit Development (IPUD);
South: Water's Edge town homes zoned Multi-Family Residential (R-3);
East: Right-of-way of the Intracoastal Waterway and the eastern city limits; and,
West: North Federal Highway right-Of-way, Florida East Coast Railway right-of-way,
and farther north a Veterinarian Office/ Animal Hospital zoned C-2, and East
Ridge Condos zoned PUD.
PROPERTY OWNER NOTIFICATION
All property owners within 400 feet of the subject property were mailed a notice of this request for a major
site plan modification and its respective hearing dates per the Applicant who has certified that the required
Staff Report -Intracoastal Park (MSPM 05-013)
Memorandum No PZ 05-200
Page 2
signage was posted and notices mailed in accordance with Ordinance No. 04-007.
Site location: The subject property, Intracoastal Park, is located on the east side of North Federal
Highway, one block south of Gateway Boulevard along the Intracoastal Waterway (see
Location Map - Exhibit "A"). The site is 8.88 acres and is a City-owned and operated
public park zoned Recreation (REC).
BACKGROUND
Intracoastal Park, open daily to the public from sunrise to 9:00 p.m., was developed as
a passive park in 2002 (Phase I), and has the following amenities: a Veteran's
Memorial and sitting wall overlooking a lake at the entrance, picnic pavilions surrounded
by winding walking paths, a large corporate picnic pavilion with brick BBQ grill and
attached restrooms, and a traditional children's playground with restrooms nearby.
Proposal:
Mr. David Stump, Project Manager for the City Public Works Department, and Agent for
the City, is requesting a major site plan modification to construct a recreational
community center building on the northeast corner of the park site overlooking the
Intracoastal Waterway. The proposed two-story building will consist of 7,303 square
feet of enclosed area, and 5,497 square feet of covered porch area, for a total of
12,800 square feet under roof. The proposed community center will be utilized for
multi-purpose public and private functions, including special events.
Concurrency:
ANALYSIS
Traffic: A traffic statement which indicates a net increase of 167 daily trips for the proposed
community center at Intracoastal Park was prepared by Kimley-Horn & Associates, Inc.
and sent to the Palm Beach County Traffic Division for concurrency review to ensure an
adequate level of service. Based on their review, the Traffic Division determined that
the proposed project meets the Traffic Performance Standards (TPS) of Palm Beach
County. A condition of their approval is that no building permits for the project are to
be issued by the City after the project build-out date of 2007. The County traffic
concurrency approval is subject to the Project Aggregation Rules as set forth in the TPS
Ordinance.
Utilities: Potable water and sanitary sewer / 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 (see Exhibit "C" - Conditions of Approval).
Fire /Police: These departments have reviewed the site plan and determined that emergency
services are available to the proposed project with an appropriate response time.
Emergency service providers expect to be able to utilize their current or anticipated
resources to maintain an adequate level of service for the proposed project.
Drainage: Conceptual drainage information was provided for the City's review. The Engineering
Division has found the conceptual information to be adequate and is recommending that
the review of specific drainage solutions be deferred until time of permit review (see
Exhibit "C" - Conditions of Approval).
Driveways: Intracoastal Park is developed with an existing access drive from North Federal
Staff Report - Intracoastal Park (MSPM 05-013)
Memorandum No PZ 05-200
Page 3
Parking:
Highway. There are no additional points of ingress/egress or modifications to the
existing access proposed for this request. A one-way circular drive is proposed as a
drop-off area at the entrance of the proposed community center. The drop-off area will
be 20 feet in width and located east of the existing roundabout and connect with the
existing parking lot. One-way traffic control signage will be provided to clearly
delineate the direction of circulation.
All parking spaces at Intracoastal Park were developed with Phase I and no additional
parking is proposed for this request. There are a total of 84 paved parking spaces on
site, including four (4) designated for handicapped use. The proposed use of a
government-owned and operated recreational community center requires one (1)
parking space per 100 square feet of gross floor area. The enclosed gross floor area of
the proposed community center is 7,303 square feet, which would require a total of 73
parking spaces. No additional uses are proposed, and existing uses are for passive
recreation, with no specified parking requirements. With a total of 84 parking spaces
already provided, the park has sufficient paved parking on site to accommodate the
proposed community center. A loading area 12 feet in width and 35 feet in length is
proposed next to the existing dumpster enclosure. All necessary traffic control signage
and pavement markings such as diagonal striping will be provided on site to clearly
delineate the loading area.
Landscaping: Staff has reviewed the Landscape Plan and determined that it is in compliance with the
Landscape Code requirements. The existing park site (Phase I) is already landscaped,
therefore only the affected area where the building is proposed for Phase II is indicated
on the landscape plan. A total of 15 Montgomery Palms (10-12 feet in height) and 3
Sabal Palms (12-14 feet in height) exist where the building is proposed. These 18
palms will be relocated and used for required landscaping. Another Sabal Palm (12-14
feet in height) will be added, for a total of 19 palms (10-14 feet in height) around the
proposed building. Proposed shrubs surrounding the building foundation and within the
drop-off median include Variegated Pittosporum, Shillings Holly, Cocoplum, Viburnum,
Indian Hawthorn, and Fakahatchee grass. All shrubs will be planted tip to tip and will
screen outdoor air conditioning equipment. Fifty percent (50%) of site landscape
materials must be native species. The landscape plan indicates a total of one hundred
percent (100%) of the trees and eighty percent (80%) of the shrubs are native species.
Building:
Colors:
The proposed two-story community center will be constructed to correspond with the
other structures on site. The building design includes a 10 foot wrap-around covered
porch on each floor, several columns, a hip, metal roof which is blue to match other
structures on site, and lots of floor to ceiling windows on the Intracoastal side.
Features that enhance the proposed building include fiber cement board siding, metal
folding window shutters, a second floor porch balcony with aluminum rails, decorative
windows on front, and decorative metal louvers between first floor columns. The
building and site design as proposed would generally meet code requirements when
staff comments are incorporated into the permit drawings.
The elevation plan indicates the following proposed exterior building colors:
Building and columns: Cream (Benjamin Moore #2159-60);
Trim/ banding, column base,
door/ window trim: Amber Waves (Benjamin Moore #2159-40)
Staff Report - Intracoastal Park (MSPM 05-013)
Memorandum No PZ 05-200
Page 4
Doors, window frames, railings,
fascia, and gutters/ downspouts:
Shutters:
Roof and decorative louvers:
Brilliant White (Benjamin Moore)
Country Redwood (Benjamin Moore)
Evening Blue (Benjamin Moore #2068-20)
The Applicant has provided color samples of the proposed exterior building colors and is
in compliance with Chapter 9, Community Design Plan, of the Land Development
Regulations, Section 9.A., which requires buildings, structures and site elements to be in
visual harmony with surrounding development.
Height: The elevations indicate the proposed two-story structure will have an overall roof height
of 42 feet, measured from finished floor elevation to the highest point of the roof. The
maximum building height allowed in the REC zoning district is 45 feet.
Floor Plan: The proposed floor plans indicate similar layouts for the first floor and second floor. The
first floor will consist of a lobby area, two (2) multipurpose assembly rooms without
fixed seats, handicap accessible restrooms, offices, pantry, storage, and mechanical
rooms. Exterior stairways located under the wrap-around covered porch are proposed
on each side of the entrance, as well as an interior elevator off the lobby. The second
floor will consist of a lobby area, one large multipurpose assembly room without fixed
seats, handicap accessible restrooms, and pantry/ storage areas. A covered balcony
with railings wraps around the entire second floor. The proposed building area on the
first floor is 3,703 square feet, and 3,600 square feet on the second floor, with a total
enclosed building area of 7/303 square feet. The covered porch area which wraps
around the first floor is 2/697 square feet, and 2,800 square feet on the second floor
balcony, for a total of 5,497 square feet of roofed porch area. The total building size
proposed, including enclosed building area and covered porches, is 12,800 square feet.
Setbacks: The minimum building setbacks for the REC zoning district are 25 feet for front, rear,
and each side. The location for the proposed community center on the plans indicates
setbacks are: 745 feet (front), 69 feet and 262 feet (sides) and 55 feet (rear, measured
from existing mean high water line) which complies with all REC setback requirements.
Lighting: Freestanding outdoor lighting poles were installed in Phase I for the park areas,
including the parking lot, therefore, the only light fixtures proposed are wall mounted.
The plans indicate wall mounted light fixtures will be white to match doors and railings.
Signage: Existing signage on site was installed with Phase 1. No new signage is proposed.
RECOMMENDATION:
Staff has reviewed this request for approval of a major site plan modification and recommends approval,
contingent upon all comments indicated in Exhibit "c" - Conditions of Approval. The Technical Advisory
Review Team (TART) recommends that any deficiencies identified in this exhibit be corrected on the set of
plans submitted for building permit. Also, any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
MR/kz
S:\Planning\Shared\Wp\Projects\Intracoastal Park\MSPM OS-013\Staff Report.doc
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AACOOIH1 IiBOOOCI011 lCUOOOlIl
WlOSCAPE
LANDSCAPE PLAN
City of Boynton Beach
Intracoastal Community Pavilion
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OOOTT IAASER
BY Al'YD
EXHIBIT "C"
Conditions of Approval
Project name: Intracoastal Park Pavilion
File number: MSPM 05-013
Reference: 1 streview plans identified as a Maior Site Plan Modification with an October 4.2005 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. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
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 may be required for the X
water 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. with 20 p.s.i. residual pressure as stated in LDR
Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance
underwriters, whichever is greater (see CODE, Section 26-16(b)). The
existing site contains only one 8-inch spur water main extended from North
Federal Highway down to the area of the proposed pavilion. One fire
hydrant is located in this building general area. However, one 8-in. water
main line alone cannot provide the necessary fire flow required. Pumper
truck(s) utilizing the waters of the Lake Worth Lagoon may be an additional
alternative. Applicant shall provide a report substantiating this concept (if to
be used.)
CONDITIONS OF APPROVAL
Page 2
Intracoastal Park Pavilion MSPM 05-013
DEPARTMENTS INCLUDE REJECT
5. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
6. 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) and will be
reviewed at the time of construction permit application.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments:
7. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical Advisory
Review Team) process does not ensure that additional comments may not be
generated by the commission and at permit review.
8. 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.
9. 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.
10. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
11. As required by LDR, Chapter 4, Section 7, submit a current survey of the X
subject property.
12. 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:
DEPARTMENTS INCLUDE REJECT
13. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review.
14. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
15. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
16. Sheets Al 00 and Al 0 1 indicate enclosed stairs and sheet 201 shows open X
stairs. Please clarify.
17. Sheets AlOO and AlOl - Stairway construction shall comply with 2001 X
FBC, Chapter 10, including Sections 1006.1.3.2 and 1006.2.4.
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments: NONE X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments: To be determined.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Intracoastal Park Pavilion
APPLICANT'S AGENT: Mr. David Stump, City Project Manager
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 28, 2006
TYPE OF RELIEF SOUGHT: Request a major site plan modification to construct a two-story
recreational community center building of 12,800 square feet under roof
on an 8.88 acre parcel zoned REC.
LOCATION OF PROPERTY: 2240 North Federal Highway (Intracoastal Park).
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:\Planning\SHARED\WP\PROJECTS\lntracoastal Park\MSPM 05-013\DO.doc
Meeting Minutes
CRA Board Meeting
Boynton Beach, Florida
January 10, 2006
Old Business
A. Major Site Plan Modification
Owner:
Location:
Descri ption:
Intracoastal Pavilion (MSPM 05-013)
David Stump, Project Manager, Engineering,
City of Boynton Beach
City of Boynton Beach
2240 North Federal Highway
Request for major site plan modification to
construct a 12,800 square foot two-story
community center on the 8.88-acre
Intracoastal Park zoned REC.
1.
Project:
Agent:
Kathleen Zeitler, Planner, presented the staff report. This was a major site plan modification for
the City's 8.88-acre passive park on Federal Highway. Phase 1 had been completed. Phase 2
had received concurrency for traffic and been reviewed by Fire and Police. The driveways and
parking were already in place; however, a one-way turnaround was added in front of the
proposed building. Also, a loading area was proposed next to the dumpster. No new lighting
was proposed. The only light fixtures would be mounted on the building. No new signage was
proposed. The palm trees currently located there would be placed around the building. The
building had a 10-foot wraparound covered porch on each floor. The second floor had a balcony
with railings. The blue roof would match the existing structures. The overall roof height of 42
feet met the 45 feet allowed in a Recreation Zoning District. The project would be located 55
feet from the water line and 69 feet from the north property line. The setbacks were 25 feet for
the front, rear and sides. Staff reviewed the project and recommended approval, contingent on
17 Conditions of Approval.
Vivian Brooks, CRA Planning Director, declared this project supported one of the CRA's goals,
which was to increase access to the waterfront and reinforce waterfront history. It complied
with the desired Floribbean architecture and CRA staff recommended approval.
David Stump, Project Manager, Engineering Department, City of Boynton Beach, declared this
clubhouse had always been in the plan and represented Phase 2 of an original set of plans from
when the Intracoastal Park was first created. Mr. Stump introduced the engineer of record and
architect for the project, Mr. Anderson Slocum of CH2M Hill.
Anderson Slocum, CH2M Hill, said the building was planned during the previously approved
site plan and this was the second phase of that plan. They had tried to minimize the impact on
access to the water. His organization had attended all the technical review meetings and had
complied with all the recommendations. They were in the process of applying for permits for
the building.
Jody Rivers, Parks Superintendent, City of Boynton Beach, reported the bottom floors would be
used for standard recreation programming such as art camp and summer camp for the kids,
adult art, and similar programs. The second floor would be a rental facility or could be used for
non-rental meetings. Some typical uses might be business meetings, weddings, and homeowner
association meetings.
3
Meeting Minutes
CRA Board Meeting
Boynton Beach, Florida
January 10, 2006
The operating hours would begin at 8:00 a.m. until 9:00 p.m. Monday through Friday. There
could be some Saturday programming, but the Park would still close at 9:00 p.m. The City had
noise ordinances in place and did not allow amplified music in its parks. These were assurances
the building would not become a noisy gathering place. It was thought most of the activities
would take place within the building, further minimizing any noise.
Chair Heavilin voiced her understanding people could not use the building past 9:00 p.m., and
Ms. Rivers confirmed 9:00 p.m. was the absolute cut-off time.
Mr. Myott confirmed his understanding there would be two full-time staff persons: a Recreation
Supervisor and a Recreation Specialist. The City felt this full-time presence would tend to
discourage any negative activities in the Park. It would also help with the issue of security. Mr.
Myott asked about the change in elevation relative to the parking lot up to the building. Mr.
Anderson responded it was graded up, partly to comply with ADA requirements.
Mr. Stump indicated if anyone came into the building at night, they could not get onto the
second deck due to a locked gate. All the lights were set up not to interfere with the
neighboring community.
Mr. DeMarco wanted to insure there was security after the Park was closed. Mr. Stump
reiterated the security gate would prevent access to the upper floor of the building after the
Park was closed.
Chair Heavilin opened the floor for the public to speak.
Lisa Landis, 620 N.E. 20th Lane, Boynton Beach, indicated she had been concerned with
the location, but felt reassured when the saw where the building would actually be placed. She
asked for the cost of the building.
Mr. Anderson stated the budget for the project was just over $2M, but with material cost
increases, it could go to $3M.
Clifford Lloyd, Vice President, Harbors Homeowner Association, declared he
represented the property owners to the north side, who were most affected by this project. Mr.
Lloyd commented his community was 69 feet from the proposed clubhouse and the Watersedge
community was 262 feet from it. The Park already had a noise issue and there had been many
complaints from the homeowners. Calls to the Police had not been satisfactory as they were
advised the Police were busy and noise complaints were not a priority. The residents felt this
project would impact them in terms of additional noise and additional potential disturbances
from alcohol use during functions. The location of the building was felt to be a detriment to
their development and the use of their properties. His community wanted to see the clubhouse
relocated, possibly even to some other Park.
Mr. Myott explained this building had been planned for about ten years as a replacement for a
clubhouse that used to be located on Gateway Boulevard where the big drainage swale was
now. He further commented this development had been planned before the project to the north
and the information about the clubhouse could have been obtained from the City on request
before purchasing a home to the north of the Park.
4
Meeting Minutes
CRA Board Meeting
Boynton Beach, Florida
January 10, 2006
Mr. Lloyd asked if personnel would be present from opening until 9:00 p.m. and whether
renters would be advised they had to completely vacate the building by 9:00 p.m.
Ms. Horenburger felt some of the issues being raised were not issues the CRA Board had the
authority or power to consider. The Board was being asked to review a Site Plan and questions
of cost, location, and so forth would be more legitimately raised at a City Commission meeting.
Jeff Silver, resident at The Harbors, indicated there had been many changes in Boynton
Beach in the last ten years and although this clubhouse might have seemed like a good idea
then, it did not mean it was a good idea now. He heard the clubhouse was being installed to
draw traffic to the Park and he felt the Park was already used quite a lot. Also, having activities
on the second floor was not consistent with the goal of increasing access to the water. The
adjacent residents had experienced many problems due to the Park already. He did not feel the
clubhouse would benefit the community.
David Bradley, 146 Harbors, Boynton Beach and 2400 High Ridge Road (business),
commented there was very little parking space at the Park now and if weddings took place, he
did not believe the parking would be sufficient. He spoke of the 69 feet separating his residence
from a two-story clubhouse and questioned why the clubhouse would be located so close to a
residence.
Ms. Horenburger responded the CRA Board had not decided where to locate the building, but
were only asked to review the Site Plan.
Jeff Sheffield, Sachs, Sax, & Klein, P.A., appeared on behalf of The Harbors Homeowners
Association. He felt the Board could at least express concern to the City Commission about how
the project might affect the adjoining residential properties, even if the CRA did not control the
location of the building. The residents wanted assurance that: 1) City staff would be on hand to
lock up the facility and see that exiting was accomplished in an orderly fashion; 2) Use of
alcohol would not become a problem, since the Park was currently posted for no alcoholic
beverages; 3) Parties would not be able to open the doors on the second floor while amplified
sound was playing; and 4) The dumpster would be relocated away from their development; and
5) That food waste from cooking would not accumulate and cause an odor problem.
Chair Heavilin closed the Public Audience portion of the hearing when no one else wished to
speak.
Ms. Horenburger asked for input from staff concerning amplified sound inside the building. Ms.
Rivers responded the City was not allowing amplified sound in the building, because they
realized having the doors open would have the same effect as if it were in the Park. Ms.
Horenburger asked if the Board could establish that as a Condition of Approval, and Ms. Rivers
stated it could be on record, certainly.
Ms. Horenburger addressed the staffing issue, and Attorney Spillias said that would not
normally be an appropriate condition for site plan approval. The benefit here was the City was
the applicant and the owner of the property. Any conditions could be suggested to the City
Commission and if they were not appropriate as site plan approval conditions, they could be
dealt with through the City's regulatory power over the Parks.
5
Meeting Minutes
CRA Board Meeting
Boynton Beach, Florida
January 10, 2006
Ms. Horenburger asked about the dumpster on the side of the building. Ms. Rivers said the
dumpster had been in place since the Park was built. The City could assure the dumpster was
emptied regularly, especially after an event. Mr. Stump indicated the City could also advise
caterers and renters they were responsible for taking any food waste with them when they left
the premises. The City was concerned about the residents and was willing to sit down with
them to see what could be worked out.
Mr. DeMarco was concerned about insufficient parking since there were only 73 parking spaces.
Ms. Rivers responded there was a large green area adjacent to Federal Highway that could be
used for overflow parking if necessary and it would hold 50 vehicles and more if it were striped.
The upper rental room would accommodate 100 people when set up theater style. The
programs downstairs would usually be limited to 15-25 people at one time.
Motion
Vice Chair lillman moved to approve the Major Site Plan Modification for Intracoastal Pavilion
(MSPM 05-013). Mr. Myott seconded the motion that passed 6-0.
New Business
A. Conditional Use
1.
Project:
Little Achiever Learning Center (COUS
04-007)
Dave Beasley
Stewart Davis
Northwest corner of Northeast 11th Avenue
and Railroad Avenue
Request for Conditional Use/New Site Plan
approval for the construction of a 6,097
square foot daycare and related site
improvements on a 37,391 square foot
parcel in the Single-family and Two-family
Residential (R-2) zoning district.
Agent:
Owner:
Location:
Description:
Eric Johnson, Planner, presented the staff report. Points of ingress and egress were provided
along N.E. 11th Avenue. Parking would occur in front and to the rear of the property. A
playground would be located on the northwest corner of the property. A dumpster would be
located along Railroad Avenue, which was not an ideal location, but was the only place this site
plan could accommodate the dumpster in the interior of the site. The gates to the dumpster
would be closed at all times except during trash removal. A height exception would be required
to accommodate the decorative cupolas that extended 8 feet above the 25 feet allowed in an R-
2 zoning district. Approval of the site plan was contingent upon approval of the height
exception.
Staff recommended approval of the project dependent on meeting the conditions of approval
and approval of the height exception. Mr. Johnson pointed out condition of approval #38 could
be deleted because they provided a color rendering. The words "including the cabana" should
be stricken in condition #39. The rest of condition #39 should be changed to read: "All building
6
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IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) [8] February 28, 2006 February 21, 2006 (Noon)
D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (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
[8] City Manager's Report
RECOMMENDATION: Review and Discuss 2005 Hurricane After Action Report as prepared by City Manager and Fire
Chief.
EXPLANATION: As with 2004, a detailed report of the 2005 City response to Hurricane Wilma has been prepared. The
detailed report provides discussion and context of the City's response effort for Wilma in October 2005. Taken from this
report are] 2 major recommendations. However, there are also a number of other recommendations embedded in the report
that will be handled administratively. The ]2 recommendations are those that will require the expenditure of City funds,
significant staff effort, legislative action or specific authorization to staff. In summary, the recommendations are as follows:
(Please see detailed reports)
1. Lobby Palm Beach County for a Point of Distribution site (POD) in Boynton Beach.
2. install a generator of sufficient size to operate City Hall in the post recovery period and work with FPLfor dual
feeds to City Hall.
3. Develop a network system of identification and assistance to "persons at risk.
4. improve functionality, publicity and use of the AM Emergency Radio Station and our other communication methods
5. improve departmental communication in recovery effort.
6. Providing an alternate place for the City's Communication (dispatch) to operate during a storm.
7. improve traffic signals and traffic control services.
8. Establish stand-by power for stores and gas stations.
9. Authorize the City Manager purchase authority for up to $200,000 in a declared emergency period and six weeks
thereafter.
10. Obtain key contracts for restoration on a retainer basis
II. increase the number of generators for stand-by power to lift stations.
12. Work with larger homeowner associations to help them develop their own emergency operating plans, especially
where there is major property damage.
PROGRAM IMPACT: If implemented along with the 2004 improvements, these recommendations should further enhance
the City's response programs for hurricane or other emergency events.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The major expense is the cost of the City Hall standby generator at $400,000 ($300,000 already
budgeted, and additional stand-by generators for lift stations at $200,000. Other expenses are incremental.
ALTERN A TIVES: Stay with the emocgency 'esponse plan as "fined '" Of2~04 ')
D H d'S. ~C~M 'S.
epartment ea signature It)' anager signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
The City of Boynton Beach
OFFICE OF THE CITY MANAGER
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: city.manager@Pi.boynton-beach.fl.us
www.ci.boynton-beach.fl.us
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To:
From:
Date:
Subject:
Mayor Taylor
Vice-Mayor McKoy
Commissioner McCray
Commissioner Ferguson
Commissioner Ensler
Kurt Bressner, City Manager
February 22,2006
Follow-up Report on Hurricane Wilma
I am attaching the comprehensive follow-up report prepared by Fire Chief William Bingham. This
report is an excellent compendium of comments from the City staff concerning our preparations,
response and recovery from Hurricane Wilma last October. As in 2004, the City fielded a strong
response to Hurricane Wilma in 2005. However, the City took to heart a number of findings from
the 2004 report and incorporated them into the planning and execution of our response in the 2005
season.
My recommendations for the 2006 Season preparations are as follows:
1. Lobby Palm Beach County for a Point of Distribution site (POD) in Boynton Beach. In 2004
and 2005, the City did not receive a center despite major damage. We have been assured by
Palm Beach County that Boynton Beach will receive a site this year. However, that is subject
to final decision making at the Palm Beach County level, and is subject to verification of
storm conditions in Boynton Beach. The staff has recommended two mini sites, one in the
NE Quadrant ofthe City east ofI-95 and the other in the SW Quadrant of the City west ofI-
95. I agree with this recommendation and our efforts with Palm Beach County should be
with this targeted deployment in mind. Such distribution sites should be on public property,
if possible. Staffwill work on two or four possible sites. Items that could be handled at the
sites would be ice, water, food and tarps. Staffing the POD site(s) would fall to the City.
This is an ideal function for the CER T and COP volunteers along with church organizations.
We also should continue making small generators available to church-based food kitchens.
We did so for St. John Missionary Baptist Church. This was an effective application of this
equipment. We bought five smaller generators after the 2004 storm for this purpose. It
worked well.
2. Install a generator of sufficient size to operate City Hall in the post recovery period and
work with FP L for dual feeds to City Hall. In both 2004 and 2005 City Hall was among the
last public facilities to receive power. This forced staff to work out of remote locations
thereby retarding the recovery process and delaying restoration of City services and
programs. We have been in discussion with FPL concerning the condition of the power grid
near City Hall and the utility has beefed up the power lines serving the building. However,
the facility is still served from one feeder system. The estimated cost of the generator is
$400,000.
3. Develop a network system of identification and assistance to "persons at risk. This can
include development of pre-storm assistance to protect their property, assistance in pre-storm
evacuation, as needed, assistance with storm supplies and providing follow-up storm
assistance during the recovery. I envision the City's role here to be more ofa convenor and
facilitator for assistance rather than a specific provider. The Neighborhood Services
Department would take the lead in working with homeowner associations, churches,
community organizations and public agencies. In addition, the Community Relations Board
should be asked to work on this project to assist. Ideally, once a list of at risk persons is
prepared a data base of individual needs can be prepared and administered by the City.
4. Improve functionality, publicity and use of the AM Emergency Radio Station and our other
communication methods. In both 2004 and 2005, the AM radio station performed reasonably
well. As noted in the staff report, however, we do not believe residences and businesses
necessarily knew about the station. The single transmitter and antenna system needs to be
modified and expanded to provide better range. At the same time, the system needs to be
better protected from storm damage. In addition to making changes to the system, new and
regular content updates before, during and after the storm should be made. This can be
"cross-platform" of similar information the City puts out on the printed hurricane updates
(which were very well received in the community), placed commercial radio spots, telephone
info line material, reverse 911 and web page updates. In order to facilitate this, the public
information arms of the police, fire and City need to be merged under the overall command
of the EOC during a declared emergency so that there is one concise message from all
sources. This also will help with the delivery of frequent and accurate recovery updates to
the public. As a minimum, we need twice-daily community briefings and a daily staff
briefing. We received rave reviews of our "Hurricane News" from the business community.
This is an effort that was born in the middle of the 2004 storm event and evolved nicely in
2005. We can do more.
5. Improve departmental communication in recovery effort. There are two aspects to this
recommendation. The first is electronic. The cellular and radio system took a major beating
again in 2005. Through the ingenuity of staff we were able to maintain essential
communication in the period after the storm. However, long-term communication became
difficult due to failures of the cellular phone network. This was despite the fact that the City
deliberately diversified our cell providers to maintain communication. Fortunately, the
City's ITS Department performed miracles keeping our internal PBX phone system intact.
We lost communication to the West Plant and the Golf Course but were able to maintain
2
America's Gateway to the Gulfstream
communication with other City facilities. In addition, taking a lesson from Katrina, we
embedded an ITS staff member in the EOC with us during the storm event to keep the City
computer network, PBX phones and the AM radio functioning during the storm. This was an
effective change in our operating procedures. On the other end of communication, our
operations in the storm at the EOC, especially in the recovery period suffered somewhat from
not having some departmental support personnel present at the EOC operations at all times.
This is something that needs to be addressed and balanced with the space availability at the
East Water Plant EOC. Essentially, the conference room functions as the hub of the EOC. It
is noisy causing staff to commandeer office spaces from Utility administration to do quiet
work. In addition, if we are occupying the EOC for any length oftime, we will need to have
personnel from Purchasing to help facilitate acquisition of goods and services for the
recovery. Because this is a temporary situation, it is tolerable. Many of the lessons learned in
2004 and 2005 with EOC operations issues are being addressed in the design of the new
EOC on Gateway and High Ridge.
6. Providing an alternate place for the City's Communication (dispatch) to operate during a
storm. We no longer have access to the Bellsouth facility on Hypoluxo Rd. I will ask staff
to revisit this with Bellsouth to see if their facility can be made available in 2006. Otherwise,
the current staff thinking is to either keep Communications at City Hall (which I don't
recommend) or to relocate the department to the first floor of the East Plant until the all clear
is given for the storm. This means the lunch room area of the East Plant would be taken
over. This presents difficulty in terms of space and noise. It is not an optimal situation.
Again, the final solution is the placement of the Communications and our computer
infrastructure in a protected structure next to the new fire station at Gateway and High Ridge.
7. Improve traffic signals and traffic control services. The Police Department supported by the
Public Works Traffic unit did a magnificent job in keeping traffic moving in a City with only
one active traffic signal (Federal and Ocean) after the storm event. This was a very labor
intensive undertaking but a vast improvement over our efforts in 2004. For 2006, we would
like to see the County either pre-position stop signs on the signal mast arms or allow us to
place them in lieu of the barricaded stop signs. While this will not eliminate the barricades,
it will reduce the number of them that needed to be constantly re-positioned by the Police
Department and Public Works. We also wish to see that the County give us access to the
signal control boxes so we can re-set the signal gear as power is restored. This will be a
delicate issue and we understand the reservations the County may have but it will save them
time as well. So, we will propose this as a prototype arrangement. In addition, where
possible, we will coordinate (and guard) generators to power key traffic signals. These too
will need to be pre-wired to take the generators.
8. Establish stand-by power for stores and gas stations. While I commend several other
communities for requiring gas stations to have stand-by power, I believe this is a state issue
best handled by the legislature. It is better to have a uniform standard. There are several bills
to either require new stations to have stand-by power and existing stations to have transfer
switches installed. Perhaps locally, the City can cooperate by expediting permits and
possibly providing a credit for building permits. Regarding the proposed legislation, the City
3
America's Gateway to the Gulfstream
should lobby for passage.
9. A uthorize the City Manager purchase authority for up to $200,000 in a declared emergency
period and six weeks thereafter. This was tried as an experiment in 2005 at a level of
$100,000. When you asked me for an amount, I guessed at $100,000. I believe we used
$94,000 of this emergency purchasing authority. Such a revision would be in the form of an
amendment to the City Code.
10. Obtain key contracts for restoration on a retainer basis. This was tried for food service for
City employees in 2005 and worked very well. We received very positive feedback from
staff for establishing a commissary at the Civic Center. While the menu items were
somewhat limited, the commissary reinforced our way of saying "thank you and we
appreciate you to the staff." However, while this program was good, it can be improved.
Staff has noted that pre-arrangements for items would be beneficial. Among the suggestions
were key contracts for fence and roof contractors and obtaining a refrigerated truck for ice.
The City was able to obtain the use of a freezer truck to store ice through the excellent
contacts that our Risk Manager has in private industry. Through contacts with private sector
risk managers in unaffected areas, Mr. Magazine was able to "score" a truck and have it
delivered to Boynton Beach 48 hours after the storm event. This type of ingenuity was
played out over and over in the storm by City staff.
11. Increase the number of generators for stand-by power to lift stations. We never can have
enough generators, it seems. While our ratio of 1 in 10 (15 generators for 156 lift stations) is
good in normal times, it is not adequate for catastrophic failure of the electrical grid. The
Utility Staff has taken steps last year to hard-wire the second tier of key lift stations to
stationary generators (all of our master lift stations have full standby power), we still need to
acquire additional generators and cross-train utility staff to help manage jockeying the
generators around the City. Last year, we had a number of incidents where residents living
near lift stations disconnected the generators because they were "noisy". We will need to
verify ifthe Florida Statute covers this as a criminal act. There are provisions in the state law
that prohibit anybody from interfering with a utility. Unfortunately, because the power is
out, there is no telemetry data available and we are running "blind" with the generators. We
cannot afford the staff time to watch the generators, but perhaps this is a good function for
our CER T team to guard key lift stations from being disrupted. All the lift stations need to be
posted with proper warning signs of no trespass and the criminal penalties of tampering with
public utility equipment. In addition, we can also discuss dual power feeds from FPL for key
lift stations and the two water plants. However, with a catastrophic failure of the power grid,
this is not a guarantee of power.
12. Work with larger homeowner associations to help them develop their own emergency
operating plans, especially where there is major property damage. We learned this with
Village Royale on the Greens. Their governance structure works fine in normal times, but in
cases where there is catastrophic damage, we could not and refused to deal with multiple and
overlapping boards of directors for each building. In meeting with them after the storm, the
City issued the edict that we would focus our communication with four persons who were on
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America's Gateway to the Gulfstream
the board of directors for the master association. This helped staff focus and re-direct
individual calls back to responsible parties at VRG. They grumbled a bit at the beginning but
realized that this was an emergency and the communication cycle was much more efficient.
This was a useful prototype for other larger HOA's to consider deploying before the storm
events of 2006.
I remain in awe of the work the City staff performed in Hurricane Wilma. We learned from our
mistakes in 2004 and effectively deployed corrections for 2005. This list is a major point review of
the more detailed report prepared by Chief Bingham. Last year our after action report was used as a
model by the State of Florida. I suspect that the 2005 edition will make its way into the collection of
"best practices" again.
My sincere thanks goes to the members of the City Commission for your support to staff in the 2005
event and your encouragement to staff to do our best. It makes a difference when the leaders of a
community are working together to resolve a crises. We communicated in one positive voice and
that made it clear to the community and City staff that we were resolved to get through the storm and
recovery period the Boynton Beach way: with professionalism, creativity and sensitivity. I was
honored to have a role in this effort.
Cc: CMLT
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America's Gateway to the Gulfstream
CITY OF BOYNTON BEACH, FLORIDA
HURRICANE WILMA AFTER-ACTION REPORT FOR 2005
INDEX
Topic
Paae Number
Opening Statement
1
Emergency Operations Center Activation (CBB)
2
Hurricane Shelter - Boynton Beach Community High School 2
Storm Damage - City Impact 2
Post-Storm Recovery Effort 3
Notable Highlights 4
After-Action Reports From City Departments 5
Recreation and Parks 5
Information Technology Services (ITS) 7
Fire Rescue 8
Finance 13
Public Affairs 14
Risk Management 16
Golf Course 17
Organizational Development 19
Communications 21
Public Works 24
Utilities 26
Police Department 29
Human Resources 30
Library 32
Development 34
Major Issues and Comments 35
Issues Reported to Palm Beach County 37
Final Thoughts 38
Attachment: 2004 Hurricane Season After-Action Report Summary
City of Boynton Beach, Florida
Hurricanes Season 2005 - Hurricane WILMA
After-Action Report
Openina Statement
Hurricane Wilma was a remarkable storm that caused widespread destruction
across southern Florida. Somewhat unexpected was the extent of the damage to
the city's power structure, buildings, and foliage canopy. This storm hit as many
people were still recovering from the 2004 storm season that also had a
significant impact on our area. Prior to 2004 we managed to escape the wrath of
any significant storms. Years 2004 and 2005 have had a disastrous effect on our
area with the eye of Wilma passing directly over Boynton Beach. Wilma caused
an estimated $2.9 billion in damage across Palm Beach County. An estimated
55,000 homes and 3,600 businesses sustained damage of varying degree. In
the City of Boynton Beach, according to Palm Beach County estimates,
businesses sustained damage in excess of $25 million in damage, residential
property in excess of $75 million in damage, and governmental buildings/property
in excess of $2.37 million in damages.
Hurricane Wilma was a unique storm for a number of reasons; most notable was
the strength of the storm in the Gulf of Mexico, (the strongest hurricane ever
recorded by the weather service); the length of time that the storm languished in
the Gulf before picking up speed and heading our way; and of course the
strength of the storm as it struck Boynton Beach. While the City had plenty of
time for preparation the slow moving nature of the storm delayed a number of
storm preparations until a couple of days prior to the storm striking. All in all the
City's response to the storm was admirable which was partially due to our four
"practice" storms in 2004. A number of responders who came to our area from
the New Orleans storm stated that our City was significantly better organized and
efficient than the Gulf area that was hit hard by hurricane Katrina a month earlier.
It is the intent of this report to delineate and to provide a department-by-
department analysis of the City's response to Hurricane Wilma to identify areas
of concern, as well as to provide suggestions for improvement. The information
contained herein represents what we have to assume to be factual information
provided by employees throughout the City. Departmental responses are
included, for the most part, in their entirety. As in last year's report, there are two
questions that we intend to answer with this report: (1) What did we learn about
our ability to effectively and efficiently deal with the effects of these storms and
(2) how can we improve and enhance our disaster mitigation and response
program in the City of Boynton Beach?
In preparing this report, it is noteworthy that there is considerably less overall
content from the various departments than there was in the 2004 after-action
report, a direct result of effectively dealing and remedying issues of the past.
1
Emergency Operations Center Activation
The City activated the City Emergency Operations Center (EOC) at 10 p.m. on
Sunday, October 23,2005. Hurricane force winds were expected to strike the
City late Monday morning, October 24,2005. Once again the hurricane tracking
software utilized by the City was right on the money in projecting the timing,
direction and strength of the hurricane winds approaching. Over the preceding
four days the team at the EOC had been following the progress of the storm
during daily conference calls with the County EOC, and made all the necessary
arrangements to deal with the effects the expected Category 2 or 3 storm coming
our way. A disaster declaration was signed by the Mayor to take effect on
Sunday evening, October 23rd at 6:00 pm.
Tropical storm force winds began to impact the City around 5:00 am on Monday,
October 24th. Hurricane force winds were first evident around 11 :00 a.m.
Because the forward speed of the storm had sped up to an incredible 25 mph,
the duration of the hurricane force winds coming our way would be short lived.
Peak winds were seen around noon, with reports of gusts in the 90 mph range.
A storm eye was experienced for the first time with calm winds lasting around 30-
40 minutes, a time period that was effectively used by emergency services to
respond to stacked" critical calls, and to provide reconnaissance of the condition
of the city. Unfortunately the "back side" of the storm had even greater wind
velocities. These hurricane force winds were then impacting objects that had
been either weakened or destroyed during the first half of the storm.
Approximately 98% of the city was without power, and hundreds of trees and
power poles were down and blocking roadways. Because of the rapid forward
speed of the hurricane there was little time to experience any flooding problems.
This storm was immediately followed by a cold front that provided some relief to
citizens without air-conditioning. Unlike the power outages seen last year with
Jeanne and Francis, there was no oppressive heat and humidity to deal with in
the absence of air conditioning in the post-storm phase.
Hurricane Shelter - Boynton Beach Community High School
The Red Cross opened the Boynton Beach High School as a shelter and Fire
Rescue personnel assisted in supplying medical support. Approximately 250
citizens took advantage of utilizing the shelter, which was staffed by Fire rescue
personnel for three days.
Storm Damage - City Impact
Aside from the damage to the electrical infrastructure, most of the damage seen
in the area related to roof and associated damage, an issue that would continue
to cause additional problems when significant rain fell a week later. Three of the
four fire stations in the City experienced from moderate to major roof damage.
Fire Station #1 required evacuation of personnel and equipment to Station #4
due to water leaks and lack of emergency power. (This station is currently being
renovated and, at the time of this writing, is scheduled to be staffed with one
2
three-person company [ALS Engine] by December 31,2005). Phone service
was also disrupted and cellular telephone became the only means of telephone
communications in many locations. The City's EOC remained operational due to
generator power and EOC phone service also remained intact. While the
majority of surrounding cities experienced either a loss of water service or boil
water situations, the City of Boynton Beach's Utilities Department maintain
adequate water pressure and water quality before, during and after the storm.
The storm blew off a portion of the city's public safety radio system. While most
radio systems would have failed at that point, the use of multiple back-up
channels kept Police and Fire Rescue units up and running until the antenna
could be replaced.
Post-Storm Recovery Effort
Beginning on Tuesday afternoon, meals were served at the Civic Center to all
working City employees. Sonny's Bar-B-Q was contracted to provide breakfast
lunch and dinner which allowed City staff to not have to worry about how they
were going to feed themselves as they worked long hours during the recovery
effort. The number of meals offered to employees totaled 2,799.
During the recovery period the City participated in daily conference calls linking
all the cities in Palm Beach County and the County EOC, National Weather
Service, FEMA and the various support agencies working with our citizens and
local governments. The City utilized a countywide software program called
IMPACT to communicate with the County EOC regarding requests for equipment
and reporting disaster information for their use. The IMPACT system allowed for
tracking of assets and real time status reports of all requests and information.
As in all types of disasters, it takes a certain amount of time to gear up for the
recovery effort, particularly to get food, water, and ice to the masses. The City
recognized this problem very early on and worked out an arrangement with a
local seafood market to supply emergency power in order to begin producing our
own ice. Boynton Seafood was able to produce approximately 8,000 Ibs. of ice
during the first two days after the storm. Volunteers came from a local church to
help bag and distribute over four tons of ice to Boynton Beach residents.
Our Community Emergency Response Team (CERT) members stepped up to
the plate to help support critical post disaster damage assessment reports to the
EOC. After the initial storm response ended the continued their efforts by
assisting with FEMA's Blue Roof program and the city's debris removal efforts.
They truly lived up to their motto of "neighbors helping neighbors".
Recognizing the need to get real time information out to the citizens, the city
began producing a daily Question and Answer flyer to keep the citizens informed
about what was happening in the city during this recovery. Those flyers were
distributed throughout the community each day. Our local emergency AM radio
station (1670 AM) broadcast daily information notices also.
3
The restoration of power was first projected to be completed within three weeks.
Florida Power and Light took great efforts to keep the public informed regarding
the timetable for service to be restored. As in all disasters their policy is to
restore all critical infrastructures first and then locations where they can do the
most good for the largest number of customers. Almost all the power was
restored to the city within one week. Given the amount of damage, FP&L is to be
commended for their efforts. One of our successful objectives from the 2004
hurricane season was to ensure that an FPl staging site was again located in
Boynton Beach. The FPL staging site was located at the Boynton Beach mall
during Wilma.
While the American Red Cross set up a number of mobile feeding stations
throughout the city, a request was received from St. John Missionary Baptist
Church indicating that they had a large cooking facility but no power to run the
refrigerators. Arrangements were made to connect two small non-dedicated
generators on loan from the city. Food donations were directed to St. John's
where a food distribution center became a welcome addition to that
neighborhood. Several thousand meals were served out of the church kitchen
over the course of several days.
The city obtained a large refrigerated truck trailer and staged it at our public
works compound. That trailer held bulk ice that was received from the county
distribution center. The trailer allowed us to store ice overnight and provide
continuous distribution while staff members made daily runs to the center
distribution site. Ice, water, and tarp were distributed at the Ezell Hester Center
on three occasions and were distributed, along with fuel, to city employees
throughout the emergency.
Missing traffic lights continued to be a major problem as it was in most local
cities. Public works department personnel placed portable stop signs and police
officers at key intersections to help with the traffic flow. The City's EOC was in
constant contact with the County Traffic Division in order to expedite the
replacement and repairs of these traffic lights, particularly at major intersections.
Notable Hiahliahts
~ Public Works was able to maintain an adequate supply of diesel fuel and
gasoline throughout the recovery period. This was in part due to the Port
of Fort Lauderdale having adequate reserves prior to the storm hitting. A
number of other cities were unable to obtain fuel. Many cities diverted
what little excess fuel they had to those cities.
~ Aside from most traffic lights being out, the greatest inconvenience to
most drivers was the lack of gasoline due to the power being out at the
gas stations.
~ The City Manager attempted to negotiate an agreement with FP&l to
utilize their food canteen at the mall.
4
~ City Hall was one of the last public infrastructure buildings to have its
power restored.
~ The City provided tarps, water, and ice to citizens on a daily basis at the
Ezell Hester Center. The City also provided fuel, water, and ice to city
employees who worked during the recovery phase of the storm.
~ The City established a FEMA "Blue Roof' program at the Boynton Beach
Mall. Volunteers from the city staffed the tables and helped residents sign
up for roof repairs.
~ Some of the newspapers gave out incorrect information that there was a
boil water notice given out by the City.
After-Action Reports from Departments (unedited)*
Department:
Submitted By:
Recreation & Parks
Wally Majors, Recreation & Parks Director
EVENT I ISSUES I CONCERNS
Art Center/City Hall in the MalllYouth Services Concerns:
No extensive damage to either AC or CHM areas
Dangerous trying to get to work with no traffic lights and debris
General information was not provided/given to all employees; suggest this
information goes out with Public Affairs messages/emails:
Tarp gives-away
Ice and water for staff
Hester Center:
Building's roof needs immediate prompt attention.
Civic Center:
Wind-driven rain entered into the east room doors and auditorium doors. No
major damage to building or generator room.
Senior Center:
Roof damage was extensive. The damaged areas of the roof have been
patched.
Transportation:
Greatest concern was the inability to contact all drivers in the event that
busses were needed for evacuation purposes. Emergency plan will be
modified so drivers can react regardless of available communication.
Parks:
All receiving tarps should fill out a form and provide some form of
identification; this would alleviate issuing more than one tarp per
household.
5
Oceanfront Park:
Most structures in the park were damaged
Vegetation was severely damaged within the park.
The park was opened to the public approximately one week after the storm.
Lifeguard operations resumed, although water remained off-limits due to
sewage and debris.
Tennis Center:
Significant damage throughout the facility. This included lights,
fencing, pro shop roof, awning(s) and several trees.
IMPACT OR CONSEQUENCE
Hester Center and Park:
Significant damage throughout facility. Minimal consequence as
facility reopened fairly quickly and played a role in distributing ice and
tarps to the community for several days.
Senior Center:
Northeast & southeast corners of the roof were torn off by the
hurricane. The new roof that was installed in phase III was also
damaged large; holes were found allowing water to enter the building.
A generator transfer switch is being added to the building.
Transportation:
There was no damage to either the office or the buses.
Oceanfront Park:
Lifeguard Headquarters, both public restrooms, and snack bar were
yellow-tagged by City inspectors.
Due to damage to the light poles (only two remain standing in the
upper parking lot), Oceanfront Park is being closed to the public at
4:30 p.m. It has been deemed unsafe after dark.
Tennis Center:
The damage to the center was significant. Damage included roof and
awnings around the Pro Shop Pro Shop; several awnings on court
pavilions, fencing, lights, court surfaces, new sign missing letters.
RECOMMENDATIONS
Use "reverse 911" or other means of communications to inform residents and
employees.
Replace portion of roof that was not included as Phase III of remodeling of the
Senior Center.
6
Replace Hester Center, which is in this FY CIP budget.
Department will modify emergency plan directing all "A" employees to report
to work the first morning following "all clear" notice regardless of unavailability
of phones, etc.
Place duct tape over the keyholes on doors at Oceanfront Park
Evaluate all landscaping, and replace where necessary with items that are
more stormlwind resistant.
Purchase generator(s) for the department.
Replace 9-foot windscreens with 6 foot windscreens at the Tennis Center.
Investigate feasibility of replacing square light poles with round ones.
ADDITIONAL COMMENTS
Civic Center being used as a "Canteen" for employees who were working in
the recovery stage after the storm was a fantastic idea.
Museum and Art Center offering play care for employee's children was very
helpful, however, one location should be decided upon before the storms (we
suggest using the Civic Center East Room since the building is powered by a
generator)
Department: Information Technology Services
Person Submitting Report: Peter Wallace
EVENT I ISSUE I CONCERN
1. Cell service: Once again, cell service was not reliable among all vendors.
Although Nextel was able to restore the towers within 48 hours after the
hurricane, the network was extremely congested during normal business
hours.
2. Generator power: In City Hall, various offices had outlets connected to the
generators. This was extremely helpful as ITS tried to provide network
services to specific locations. However, identifying the "hot circuits" was a
problem. Overload on the UPS circuits could cause additional outages and
possible damaged to the generator and the equipments they served.
3. ITS Staff at the EOC: As recommended last year, ITS staff is now
included in the EOC planning. I believe this was a plus and this service will
continue.
4. AM radio station: The radio station stayed on the air during and after the
hurricane. We can expand the coverage area to the south by placing
7
another antenna in that vicinity. Failure to the PBX would hinder the ability
to provide timely update.
RECOMMENDATION
1. Cell services: In extreme emergency, I do not believe we can rely on
regular cell phones and services as the primary means of communication.
Radios and satellite phones should be integrated in the recovery plan as
another option for effective and reliable communication. ITS will
investigate the cost for satellite phones for the EOC budget.
2. Generator Power: To restore network services to critical areas such as
Finance, City Clerk, City Manager, and Customer Relations departments
during the lost of power to the building, I would recommend Facilities
provide a diagram of the outlets to these locations. Recommend loads on
the UPS circuit should also be included in the diagram.
3. ITS Staff at the EOC: ITS will continue to rotate class "A" personnel as
critical coverage during and after the declared emergency at the EOC.
4. AM radio station: ITS will contact the AM radio vendor to investigate the
options of adding another antenna to the south section of the city. The
additional antenna will expand the coverage area within the city
ADDITIONAL COMMENTS:
ITS will be working with Dispatch, FD, PO, Bellsouth, Motorola, and PBC 911
operations to investigate the options of relocating Dispatch from City Hall to the
EOC. City Hall is very prune to roof damages during the hurricanes. The West
Wing and the Fire Station #1 had severe damages during the last two hurricane
seasons. We need to identity a site location for Dispatch if that area becomes
inhabitable.
TeleWorks First Responder should be used as communication tool to
communicate with employees especially when to report to work for duty.
Dialogic regional notification system can be used to notify citizens of
pending evacuation and other emergency notices.
Wireless network should be included in the EOC readiness plan for data
communications.
Department: Fire Rescue Department
Person Submitting Report: Stephen Lewis
EVENT IISSUE I CONCERN
Once again, communication was a major concern. Cell phones were marginal at
best, during and after the storm. I believe the City needs to devise an
emergency communications system that will serve as a default network during
hurricane season. Two-way radios are available that can supplement our cell
phone network whenever necessary. The City of West Palm Beach purchased a
number of radios and distributed them around the city in order to provide
8
essential communication in the absence of cell phone service. City leadership
raved about the radios and their effectiveness as having a tremendous return on
investment. Eliminating our basic communications problems will go a long way
toward alleviating a number of the other stresses that arise under already
stressful circumstances.
IMPACT OR CONSEQUENCE
As PIO, the inability to reach out to media contacts or to contact personnel, or
missing calls that were coming in, due to the poor cell service created numerous
lost opportunities. This year, however, we all seemed to adapt, improvise and
overcome the situation better than last year.
RECOMMENDATION
Purchase and distribute two-way radios that can serve as a backup system when
the phones go down. Simple and effective, we keep these radios charged and
distribute them to all essential personnel at the very beginning of the emergency
operation.
ADDITIONAL COMMENTS
The City Of Boynton Beach has shown, brilliantly, that practice makes perfect.
lessons learned from last year eliminated most of our problems citywide. In
spite of severe damage to many of our facilities, the employees and emergency
personnel were able to fend off the worst of Wilma and provided assistance,
food, ice, water, tarps and every major disaster-related necessity in a timely
manner without any assistance from outside agencies.
Person Submitting Report: Deputy Fire Chief Jim Ness
EVENT I ISSUE / CONCERN - Lack of a proven plan to relocate our Public
Safety Dispatch Center in the event of a catastrophic buildinglequipment failure
IMPACT OR CONSEQUENCE - loss of the City's ability to receive 911 calls,
dispatch those calls to the proper public safety units, and track the calls in
progress
RECOMMENDATION - Identify an alternative location to run our PSAP center,
including all cabling, computer equipment, and telephone capabilities. This
equipment must be in place and tested prior to the beginning of hurricane
season.
ADDITIONAL COMMENTS - It appeared that there was no specific plan in effect
just days prior to the arrival of hurricane Katrina.
9
EVENT I ISSUE I CONCERN - lack of emergency power to operate Fire Station
#1. The current emergency power supplied to Station #1 will only power a
minimum of emergency lights and outlets. There is no power upstairs in the
report room or dormitories. Insufficient power to run the computers, living
quarters and air conditioning. This same issue faced the firefighters last year
and was never corrected.
IMPACT OR CONSEQUENCE - loss of the City's ability to receive 911 calls,
dispatch those calls to the proper public safety units, and track the calls in
progress
RECOMMENDATION - Identify an alternative location to run our PSAP center
out of, including all cabling, computer equipment, and telephone capabilities.
This equipment must be in place and tested prior to the beginning of hurricane
season.
ADDITIONAL COMMENTS - It appeared that there was no specific plan in effect
just days prior to the arrival of hurricane Katrina.
EVENT I ISSUE I CONCERN - Poor coordination of traffic control resources in
order to facilitate keeping critical traffic arteries open for emergency apparatus to
travel through city. There was only sporadic efforts to keep intersections such as
8th street and Boynton Beach Blvd. free of backed up traffic. With the traffic lights
being out at 8th street traffic was often backed up greater than % mile. There
seemed to be no plan to keep these critical traffic routes open.
IMPACT OR CONSEQUENCE - Fire apparatus responding from West of 1-95 for
coverage of the Eastern portion of the city would have significant response time
delays due to traffic being backed up. Since Fire Station #1 was out of service,
there was only one station serving the entire eastern side of the city. Back up
units would experience significant response delays.
RECOMMENDATION - Place a high priority on selected intersections that will
have the great impact on life safety issues and have those intersection staffed on
a fixed schedule.
ADDITIONAL COMMENTS - It appeared that there was little coordination
between PD and FD regarding the ramifications of having these intersections
congested as it pertained to public safety response times.
EVENT I ISSUE I CONCERN - The city has had in it's possession a state-of-the-
art AM radio station for use in distributing disaster information for the past 5
years. In my opinion, I would estimate that there is less than 2% of the
10
population that is aware of this program. The majority of the information
transmitted by this radio station is never heard by the public.
IMPACT OR CONSEQUENCE - Critical information necessary to inform the
public of disaster related recovery issues is never heard by the public.
RECOMMENDATION - An aggressive program of public education and frequent
use of the radio station for non-disaster related information is needed.
ADDITIONAL COMMENTS - If this station is publicly promoted on a regular
basis and contains valuable city information that the public will find interesting,
when a disaster occurs the public will know where to turn for critical real time
information.
EVENT I ISSUE / CONCERN - During periods of time when the EOC is in full
activated mode, various department heads come and go out of the EOC. At
times these absences may last for hours. It is imperative that persons attempting
to contact a particular department are able to do so. I suggest that either a
replacement is scheduled for these periods of absence or that the EOC ESF
phone for that department is transferred to another individual who can field the
call.
IMPACT OR CONSEQUENCE - As the control and command center for all post
disaster recovery activities, the EOC functions as a conduit for all requests and
decisions relating to personnel and equipment needs. Having a qualified
individual to field those calls and make real time decisions is an important
element in our post recovery efforts.
RECOMMENDATION - Have the EOC phones transferred to either an off site
location or cell phone.
EVENT / ISSUE / CONCERN - There was no plan to have a pool of personnel
readily available to handle food, ice and tarp distribution. Given the limited
window of opportunity to obtain critical recovery items, there were times when the
city missed opportunities to get relief supplies secondary to not having staff
available to either pick up the supplies or help distribute them.
IMPACT OR CONSEQUENCE - The ability to help provide for the needs of the
citizens depends on the city's ability to obtain critical post storm supplies. Not
having a system in place to take advantage of the resources offered by the
county is a significant fault in our recovery program.
RECOMMENDATION - Identify a pool of personnel, including drivers and trucks,
which can be called upon to retrieve disaster supplies and equipment from
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county sponsored bulk distribution centers. These personnel must be ready to
move at a moments notice and be committed to seeing a task through to
completion.
ADDITIONAL COMMENTS - Personnel assigned to this detail can come from
various departments.
EVENT I ISSUE I CONCERN - With the loss of an antenna, the city came very
close to losing its public safety radio system. Cell phone outages also increased
the concern of a potential loss of communications between various critical
infrastructure organizations within the city.
IMPACT OR CONSEQUENCE - The city needs to develop several layers of
communication redundancy to cover post disaster communications. The inability
to communicate with public safety personnel and other essential city services will
have a profound impact on post disaster recovery.
RECOMMENDATION - The City needs to test and become familiar with all of the
communications capabilities of our current 800 MHz system (line of sight, fail
safe mode, etc.) It would also be appropriate to have a stand-by 800 MHz
repeater available to take over in the event the main tower site goes down.
Other communication systems should also be investigated and tested, i.e.
wireless data, VHF portable radios, satellite telephones, amateur radio systems,
etc.
EVENT I ISSUE I CONCERN - Electrical service availability surveys were
conducted at night by the police department. The rationale for doing these
surveys was that it was only at night could you determine whether an area or
subdivision had power. By limiting these surveys to only night time we only knew
once a day what the power status was throughout the city.
IMPACT OR CONSEQUENCE - Knowing whether an area of the city had
electric power was an important bit of information. Having power removed the
need to supply ice and in many cases, food. Additionally, have power restored to
lift stations, nursing homes, gas stations, commercial buildings, etc. were all
critical elements in getting the city back to normal. There seemed to be a number
of citizens and politicians who wanted to know what the status of the restoration
of power was. Having the survey done once a day was inadequate.
RECOMMENDATION - These power surveys could have been done on a
routine basis. Instead of waiting to see what lights were turned on, a police
cruiser could simply ask a resident if their power was back on. These real time
reports would have helped spread our limited resources to the right locations.
12
EVENT / ISSUE / CONCERN - Driving after the storm was a nightmare. The
lack of traffic lights was especially of concern at night. Many drivers blasted
through intersections simply because they did not know they were passing
through an intersection what once had traffic lights. Having stop signed in the
intersections helped, however, without a police presence at the intersection, most
stop signs were knocked over.
IMPACT OR CONSEQUENCE - Speeding through an intersection posses a
number of safety issues.
RECOMMENDATION - It would seem to make sense to hang the stop sign from
the traffic light support wires. 99% of the intersections where lights were present
still had their support wires up. Hanging the stop sign from those wires would put
the stop sign at a location that all could see and would protect it from being
knocked or blown down. A simple apparatus of chain or wire could easily hang
the signs until the lights were repaired.
EVENT / ISSUE / CONCERN - There appeared to be no central clearing house
of information regarding what roads were open and which remained blocked.
IMPACT OR CONSEQUENCE - A cardiac arrest patient could not be treated in
a timely manner because the roads to that location were blocked by downed
trees. Several days after the storm it was brought to our attention that a
particular neighborhood still did not have access into their subdivision. This type
of information is critical to being able to respond to the needs of our citizens.
RECOMMENDATION - All street access issues must be longed on a centralized
map where public safety personnel could direct efforts to clear access to homes
and apartments. There was no coordinated effort to look at the city as a whole
and target specific access locations.
Department: Finance
Person Submitting Report: Bill Mummert
EVENT / ISSUE / CONCERN
Loss of Power at City Hall for Extended Period of Time
IMPACT OR CONSEQUENCE
Employees off work for over a week, creating backlog for purchasing,
accounts payable and payroll, which had to run a standard two-week payroll
and pay hurricane OT the following payroll.
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City Hall employees were at home, being paid per the Emergency Pay
Ordinance, while many other employees had to work. This creates tension
and bad feelings among departments.
RECOMMENDATION
Install an emergency generator that will provide power for ALL of City Hall so that
power will be available to get City Hall employees back to work as soon as
possible.
EVENT / ISSUE / CONCERN
Sonnie's Food Catering
IMPACT OR CONSEQUENCE
Responded in a timely manner; served food from 1 OPM - 12PM the night of
the storm.
Very cooperative and easy to work with.
For the most part, employees seemed to be very appreciative.
Menu needs to be varied in the future; too much PORK! Sonnie's indicated
that the size of the storm, which knocked out power at all their stores, created
difficulty with available food inventory. They plan on contacting CISCO, their
food distributor, to inquire about the possibility of having a refrigerated truck
dropped at the Civic Center to provide food inventory in the future.
RECOMMENDATION
Keep Sonnie's on retainer for the 2006 hurricane season
Department: Public Affairs
Person Submitting Report: Wayne M. Segal
Event/Issue/Concern :
Computers, printers
Impact or Consequence: It was problematic having to seek out and
"commandeer" PCs at the East Plant and then having the East Plant IT person
create new profiles to enable access to the City server and to a printer. The City
Clerk's office and I found that we had to "timeshare" a PC on several occasions.
Recommendation: That there be dedicated PCs at each station in the EOC
connected to the printer in the EOC These could be older or surplus machines.
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Event/Issue/Concern :
Copying machines
Impact or Consequence: Apparently there is no "high speed"-copying machine
at the East Plant, which had implications for turning out the hurricane update and
employee newsletters and the agenda backup. It was necessary to travel over to
the Police Department where there was only a "marginal" machine and sporadic
power.
Recommendation: Install high speed copy machine at the East Plant.
Event/Issue/Concern :
Citizen Telephone Hotline
Impact or Consequence: As more information needs to be disseminated, the
system does not have the capacity to accommodate the volume. It was noted last
year and reiterated this year that eliminating voice mails residing on the system
has no effect on capacity, that the outgoing message is limited by the system to a
set number of seconds.
Recommendation: Make sure that the new PBX is not handicapped by this, or
make the hotline independent of the PBX.
Event/Issue/Concern :
Public Information Backup
Impact or Consequence: Although the Police and Fire PIO's were available as
backup, duties from within their own departments took precedence. At times, this
left the Public Affairs director alone to write and print the hurricane newsletter,
update the citizen and employee hotlines, the radio station and deal with media
inquiries. This resulted in information not getting out as fast as it could.
Recommendations: Have dedicated shifts for the PIO's.
Event/Issue/Concern :
Embedded reporter
Impact or Consequence: Having Doug Shupe with us during the storm resulted
in outstanding coverage for Boynton Beach.
Recommendation: Make this opportunity available again. Julie Waresh,
Palm Beach Post, has expressed interest in being at the EOC next year.
15
Event/Issue/Concern :
Catering
Impact or Consequence: It was insensitive to Jewish employees and others
who do not eat pork that the caterer had only pork available for several of the
meals he served.
Recommendation: Impress upon that caterer that he must have an
alternative for employees who do not eat pork
Department: Risk Management
Person submitting report: Chuck Magazine
EVENT / ISSUE / CONCERN
during Recovery Mode.
Lack of Procurement Services support at EOC
IMPACT OR CONSEQUENCE Multiple individuals and departments working
to obtain services and equipment. Staff working outside their normal areas trying
to obtain services and equipment where Procurement Services already have lists
and contacts. As an example, Procurement Services had been contacted prior to
storm regarding availability of generators from a specific vendor. If the Buyer
had been there, already had the contact and could have arranged for the
equipment.
RECOMMENDATION
during Recovery Mode.
Procurement Services staff be included at the EOC
EVENT / ISSUE / CONCERN Pre-positioning of refrigerated trailer filled with
bagged ice on site in anticipation of storm capable of shutting down electricity in
majority of City.
IMPACT OR CONSEQUENCE Whether or not County/State/FEMA designate
a POD in City, delays in providing ice to local residents becomes a major issue
with loss of electricity. By having a pre-positioned refrigerated trailer filled with
ice, we can conduct our own distribution to neighborhood locations until local
facilities are arranged by County/State/FEMA.
RECOMMENDATION Contract with local provider to supply a refrigerated
trailer filled with bagged ice at a pre-designated site in the City.
EVENT / ISSUE / CONCERN Establishment of two Mini-POD's within the
City, in lieu of designation of site within City for major POD by
County/State/FEMA.
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IMPACT OR CONSEQUENCE The last two years, no POD was designated
within our City limits. Due to the demographics of our City, it is imperative to
have distribution capabilities within the City. Following Hurricane Wilma, we
found the capabilities of establishing Mini-PaD's for distribution of water, tarps,
and MRE's. We need to formalize this capability at pre-designated sites
throughout the City. We need to identify locations, staff, and equipment
necessary to stock and distribute from such locations.
RECOMMENDATION Designation of two sites within City limits to serve as
Mini-POD's when no major POD designated in the City. Two Mini-POD's should
be designated. One in the Northeast Quadrant, east of 1-95 and north of Boynton
Beach Boulevard; and, one in the Southwest Quadrant, west of 1-95 and south of
Boynton Beach Boulevard. Staffing should be pre-designated as well as
necessary equipment. If private facilities are to be used, contracts should be
initiated.
Department:
Person(s) Submitting Report:
Golf Course
Scott Wahlin; Dan Hager; Freda De Fosse
EVENT / ISSUE / CONCERN: Improve communications with the golf course
leadership team.
IMPACT OR CONSEQUENCE: We were not aware of the pre-agenda meeting
that was called at the EOC on the Friday after the storm. Failure to attend this
meeting left us unknowingly out of getting a very important debris removal
contract on the most recent Commission Agenda. The consequence of not
getting this done would have been an additional two week delay in getting our
facility re-opened for public access. In addition, there was a directive from the
payroll department about turning in our payroll that was not communicated to our
department.
RECOMMENDATION: Keep at least one of the leadership team informed of any
pertinent meetings or actions immediately following an emergency event.
EVENT / ISSUE / CONCERN: Ability to have an immediate response to safety
concerns on the golf course, i.e. large hanging tree limbs, which prevent the re-
opening of the golf course.
IMPACT OR CONSEQUENCE: Golf Course was closed to the public for several
days following the hurricane.
RECOMMENDATION: Obtain a blanket purchase order with a local tree
company at the beginning of the fiscal year for this type of work so that the
17
pricing is pre-established (with three competitive quotes) in advance and the
insurance certificate is already on file.
EVENT / ISSUE / CONCERN: The ball screen on the Driving Range was not
taken down because this was a very labor-intensive task and the storm was
supposed to be a category one. The ball screen has withstood this storm level
before.
IMPACT OR CONSEQUENCE: Flying debris built up in the net causing it to act
like a sail, thus snapping many of the poles at ground level. The loss of the poles
and netting will necessitate a $16,000 expense. Our FEMA Debris Specialist has
told us that this is a reimbursable Class D Expense.
RECOMMENDATION: Purchase new poles and netting with a "Quick Take
Down" Option.
EVENT / ISSUE / CONCERN: Lack of electrical service for running irrigation
pump station.
IMPACT OR CONSEQUENCE: Loss of grass, in particular on greens and tees.
These areas require daily watering in order to maintain a healthy turf.
RECOMMENDATION: Identify an alternative water source for irrigation and
emergency power back-up for irrigation control system that does not require FPL
electrical service. Possible solution: Obtain a 25hp jockey pump that could be
powered by one of our tractors using a PTO system.
EVENT / ISSUE / CONCERN: Excess vegetative debris in fairways from storms.
IMPACT OR CONSEQUENCE: Cannot mow over this debris with our regular
mowing units, thereby adversely impacting the condition of the course. All of this
debris must be removed by hand.
RECOMMENDATION: Purchase a flail mower, which is capable of mowing this
type of debris and reducing it to a size that will not affect the performance of our
regular mowing equipment. In addition, this unit (the flail mower) can be used for
other areas of the course that require heavy labor.
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Department: Organizational Development
Person Submitting Report: Patricia Spoerri
EVENT / ISSUE /
Poor Communication
CONCERN: Crisis Management instead of planning. Concern for
underprivileged citizens who cannot afford to stock pile food and water and who
cannot afford to prepare for an event.
IMPACT OR CONSEQUENCE
Confusion on when to report to work due to lack of communication (both battery
operated TV/Radios died)
RECOMMENDATION
E-Mail communications should be short, focused and to the point. Please don't
add new material to the old as it just gets confusing and the message is deleted
as soon as the old information begins. Let the staff know that e-mails will be
used as a means of communication
ADDITIONAL COMMENTS
Using e-mail to communicate is an excellent idea for those who can receive it. It
was really helpful especially in finding out when the City would reopen as my
battery radio and TV both died. But I only discovered this by accident.
PREPARE AND STAY PREPARED FOR A CRISIS
Here are my suggestions:
(1) Crisis management is a major concern today. I would like to suggest that a
committee of city personnel, citizens from endangered areas and business
managers be pulled together. This committee would be the proactive disaster
control team and they would be charged with looking at activities that could be
set in place before an event to minimized post-event activities and allow essential
services to work in the most critical areas.
Citizens are essential in the planning because they know the problems in their
areas and can provide manpower to drive trucks and deliver supplies. City staff
is essential as they are familiar with post-crisis management; business
representatives are essential because they bring their products as well as their
planning skills to the table. The advantage of such a team is that it brings all of
these people together for a common cause.
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As you recall, everyone rushed to provide service after Katrina but because of
the lack of planning and a centralized identifiable source of direction Wal-Mart's
trucks of water were turned away as were the trailers loaded with ice that
circumnavigated several states and finally ended up back in the warehouse. This
is unforgivable as in the meantime people lay dying in the street.
The committee should work with the citizens to form an emergency response
team in each area. This means that each team responds to a smaller group of
people and can get things done faster. As soon as the hurricane season begins
stockpile water and meals ready to eat. (Ice is a luxury and not essential to life
and death) in pods or any kind of container that can be mobile quickly and/or
stockpile in identifiable warehouses in the critical areas
As soon as a state of emergency is declared the citizens' response team in
partnership with the City moves the resources into the most underprivileged
areas and distributes the water and meals. If the stockpile is in a warehouse
promote this information well in advance and be ready to open the facility. It is
not enough to tell people of an impending crisis if they cannot afford to buy extra
food or water and the communication only causes more stress and worry.
Organize an Annual Hurricane Drive to get donations of canned foods batteries,
flashlights, water and candles. Each district will respond independently to deliver
these items through one or more prearranged sites. The citizens in each
community should be prepared to work at these distribution centers as it is
clearly for their benefit.
If we can provide some basics before the event people will not need to leave
their homes and face the danger of downed power lines to stand in line for 6-10
hours to get two bottles of water at some far off distribution center. Children and
old people and the infirmed can die of heat and dehydration under these
circumstances and many people have no way of getting to FEMA centers.
The City through the Fire and Police Department in partnership with area citizens
should have a list of old or infirmed people who are living alone so that provisions
can be delivered to them before an event.
(2) Many of the power lines that are downed during the storm are due to trees
falling on them. Shouldn't there be some direction from the City that vegetation
must be maintained at a certain height within a specified distance from utility
poles? Start a campaign to remove offending trees over a period of time? There
are incentive programs and other cool ways to get things done by involving
citizens; like declaring a "safety tree" day when two trees are given away for
every one that's removed from the power line area.
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I believe that others also have great ideas and when creativity is applied to a
problem we have to be careful that the usual negative thinking does not stand in
the way. Everything is possible if we only look for a positive way
Department: Communications
Person submitting report: Gwen Johnson
ISSUE: At least 2 additional telephone positions are needed to handle the influx
of calls, AND the many out-going calls we need to make. We presently have 6
phones. 3 of these are at Radio Dispatch positions, which is not ideal.
Increasing our personnel provides adequate service, only if there are sufficient
tools for everyone to do the job. The City has grown considerably since the
design of our current operation.
IMPACT: 1) Ability to answer more calls quickly, and to take more time, giving
better quality service to callers. Reduce disruption to callers due to putting them
on hold to answer other lines. 2) Avoid delays making out-going calls. 3)
Reduce radio noise on phones, and call-taker background noise on radios.
RECOMMENDATION: Set up 2 very basic consoles along the eastern wall of
the center, one in the back corner, the 2nd between the storage cabinets and the
break room entrance. They would have to be simple, taking up as little room as
possible, to conform to the Americans with Disabilities Act standards. If the
Comm Center is relocated, at least 8 telephones are needed. They should
preferably be in positions apart from radio consoles, to cut down on background
noise and allow radio operators to focus on the demands of the radio only.
However, one of them should be close enough to easily communicate with and
make out-going calls for the Dispatchers. (These additional positions would not
necessarily have to include 911 lines.)
NOTE: We are aware of the proposed plan to include Communications at the
City EOC at the East Water Plant, until the High Ridge facility is completed.
When stipulating the criteria for making this particular move, there needs to be a
full awareness of the impact on our ability to provide optimal service to citizens.
(You can only have so many people talking at once in a small space, before no
one hears anyone.)
CONCERN: We derive valuable information from local television stations. When
the cable went out, we lost this source.
IMPACT: Loss of valuable information that we can pass along to EOC, road
units and citizens.
RECOMMENDATION: Rabbit ears or a small battery operated TV with antenna.
21
CONCERN: CAD Call-Stacking/Calls held for 10 hours and longer
IMPACT: A glut of calls that fill up the CAD screen, with immediate
emergencies far down in the list, difficult to find by the Police and Fire-Rescue
Dispatchers. The "Waiting" list is cumbersome, due to so many calls held, and
unrealistic prioritization by the QED system. Call-takers have to alert them of
every call that cannot hold indefinitely, and they must then painstakingly search
the stack of 50 or 100 or more calls for the one that was just taken and needs to
go out.
RECOMMENDATION: 1) Coordinate with Tech Services to see if prioritization
can be at the discretion of the call-taker, rather than by the QED software, which
does not take anything into account other than the call header. If so, follow up
with clear standards for call-takers to use in call-prioritization. For example, this
would be especially effective for Fire "Investigation" calls, which run the gamut
from very low to very high priority, depending on location and circumstances.
Stacking based on priority level and time received should alleviate the problem,
especially if the most pressing calls could stay at the TOP of the stack, rather
than the bottom. 2) Coordinate with Fire-Rescue and Police Departments to
dispense with calls (that do not require a response, such as alarms) immediately,
instead of putting them into the "Waiting" stack. I.E. do not hold all calls for 8, 10,
or 12 hours, (clogging up the queue) and THEN close them out "call-taker
handled."
Positive Comments-During Wilma, there was accurate logging of hours and
payroll, and employees' times were set up more uniformly than in recent years.
There was better accountability for break times, resulting in a fairer distribution of
work effort/responsibilities.
CONCERN: Difficulty reaching city employees after the storm had passed.
Nextel failed AGAIN. Cingular phones were in and out. Police officials and other
City EOC officials made requests for us to contact various Streets, Facilities and
Utilities personnel. Very few responded to radio attempts to locate. Repeated
telephone attempts were necessary, as we persistently got "all circuits busy"
recordings for land lines and cell phones. If and when we did connect, we
invariably got voice mail, or recordings stipulating problems due to weather.
POSSIBLE SOLUTIONS: 1) Designate supervisors and/or key individuals from
each of these departments as essential personnel. At minimum, they need to be
available in an on-call status. 2) Provide them with at least 2 reliable means of
communication. During Wilma and its aftermath, as with the storms of 2004, the
radio system held up quite well. Require essential persons to be available on
their radios, and provide them with adequate battery supplies to do so.
Research other cellular providers. (The City of Lauderhill, for instance, has
22
recently discarded Nextel, in favor of a contract with Verizon, which performed
very well through Frances, Jeanne, and now Wilma.)
ISSUE: RADIO PROBLEMS--Late in the evening on October 24th, a
representative from Motorola was called out, due to road units complaining of a
weak signal at times, and inability to transmit from inside the PD and other
locations. He representative determined that the problem was likely caused by
an antenna problem at the tower, advising that it would be necessary to take the
repeaters down for approximately one hour, to verify this. The other option would
be to simply order a new antenna, at great cost, possibly unnecessarily. The
Communications Supervisor and Fire-Rescue Liaison conferred with the
Battalion Chief and Watch Commander, agreeing to do the testing, but that a
later time would be preferable, when activity had died down. The
Communications Supervisor made arrangements with PBCFR and PBSO to use
designated Police and Fire Common Channels. (There had been no activity on
Local Government radio for hours, so we did not ask for a county EM Common
channel.) A representative from Motorola agreed to go out to the tower at 0200
hours, but the test didn't get underway until 0217, due to a priority police call.
Testing took longer than expected; units were cleared back to normal operations
at 0405. Unfortunately, radio conditions had deteriorated, and they had to clear
back to the County common channels for a few more hours. Furthermore, the
testing proved inconclusive, requiring that a tower crew had to be scheduled to
visually inspect our transmission lines to the database.
IMPACT: Overall, the Motorola radio system functioned as it was designed to
do. Even when there were problems, we were still on the air and utilizing county
channels for both Police and Fire-Rescue. Local Government was not
considered in the reassignment of channels, due to the hour and lack of radio
usage at the time.
RECOMMENDATION: 1) Make EOC and LGR officials a part of the process.
Each department should designate who will be assigned radios, and provide
Communications with a list of those individuals' names (and radio call signs, if
used.) 2) Considering the unexpected, request an EM common channel from the
county if the radio system goes down, or has to be taken down. Establish a
protocol for LGR personnel of how to proceed if their primary channel is not
working. Example: 1. Call Communications by phone if possible. 2. If this is not
an option, go to the County EM Call channel, where you can ask Palm Beach
County EOC about which common channel Boynton is utilizing. We cannot
advise of a specific alternate channel prior to the need for it; the common
channels are assigned as they are called for.
CONCERN: Transition from Recovery Team to normal scheduling-the recovery
team is capable of staying for a twenty-four hour period at least, which is what
23
the Storm Team worked. Instead, they were rushed to "going back to normal
scheduling" a mere twelve hours later.
IMPACT: This was very disruptive for most Communications employees. People
working during the storm should have been allotted more time to assess damage
at their homes and connect with family members. Instead, many had to rush
home, try to wind down and rest in a hurry, and prepare for their workday the
next morning. The recovery period was extensive again this year, lasting much
longer than the storm itself. Citizens who expect somewhat of a "disconnect"
during the storm itself feel very differently once it is over. Call volume is
monumental, and not at all reflected by Police and Fire-Rescue stats. The
overwhelming majority of incoming calls are "Call-taker handled" whether by
transfer to another agency, referral to another number, or simple reassurance
and information dissemination to our citizens, or worried family members from
out of state. A huge portion of what we do at this time is "invisible" to other
departments, and requires unending stamina and patience on the part of our
people. The Recovery Team works very hard, as the "Storm Team" people, who
all too soon became "Recovery Team" people can attest.
Possible Solution: Let the original recovery team spend at least twenty-four to
thirty-six hours manning the center. (Of course, if the city and neighboring areas
have sustained little or no damage, this would not be necessary.)
Note: The "Hurricane Wilma Update(s)" were invaluable to us, both as a
resource, and as a means to educate the public. They had to have saved us
from even more information requests than we were already fielding. We are very
appreciative of the efforts of those who contributed to this excellent written
communication.
Department: Public Works
Person Submitting Report: Jeffrey R. Livergood
Event / Issue / Concern: EOC Staffing - Administrative Oversight
Impact or Consequence: Too much burden to manage the many routine tasks in
the EOC is vested in Jim Ness. As such, when Jim is absent from the EOC,
many tasks such as management of Impact and blast faxes are not completed in
a timely manner. Furthermore, many staff members are allowed to determine
their own staffing times in the EOC, oftentimes leaving the EOC with no clear
lines of administrative leadership.
Recommendation: Identify key EOC Managers to staff the EOC around the clock
in advance of the storm event, during the storm event and in the first several
days of response after the event and prior to commencing recovery operations.
These Managers need not be public safety personnel but need to have clear
24
authority of the City Manager's office and the Fire Department. The Managers
should be responsible for administrative tasks.
Event / Issue / Concern: Lack of contractors for immediate building repairs
Impact or Consequence: In the immediate hours after a storm, there can be
significant needs for building stabilization for matters such as roof failures,
window/door damage, water damage, electrical repairs, HVAC repairs, and
others. Contracting with firms for quick repair or stabilization can be time
consuming and even more problematic is the fact that contractors are often times
not available.
Recommendation: Retain, in advance of hurricane season, a number of private
contractors with specialties as noted. Lock in firm unit prices and hourly rates in
advance to better ensure FEMA and insurance reimbursement.
Event / Issue / Concern: Fueling remote lift stations was problematic because
fuel tank levels were often not known.
Impact or Consequence: It was difficult at times to plan efficient fuel deliveries.
Recommendation: Place fuel tank level gauges on all remote fuel tanks. Long
range, build fuel tank levels into the data points of the SCADA system used by
Utilities.
Event / Issue / Concern: Traffic Signal operations
Impact or Consequence: City coordination with the County for placement of stop
signs at un-powered signal locations was excellent. However, several signals
had hardware/signal heads that was/were not appropriate when the signal was
powered back up.
Recommendation: Enter into agreements with Palm Beach County detailing
maintenance responsibilities on inactive signals after a hurricane event.
Encourage the County to allow the City to have access to the internal controllers
so that signal controller hardware can be powered down to avoid conflict when
FPL power is restored to the controller cabinet.
Event / Issue / Concern: Downed power lines
Impact or Consequence: City staff is directed to not remove debris from the
public right of way when the debris contains any kind of wire in it. Staff is not
25
trained to identify whether power lines are in fact power lines and whether the
lines at issue are live.
Recommendation: Develop an agreement with FPL to allow for the City to
contract with a qualified and approved electrical firm to assist with power line
identification immediately following a storm event.
Additional Comments: Staff has been advised that FPL provided six crews to
Palm Beach County after the storm event to identify and move downed power
lines so that other clearing operations could proceed. The City was not notified
by the County that this service existed and that FPL crews were assigned to the
County in general.
Department: Utilities Department
Person Submitting Report: Kofi Boateng
EVENT / ISSUE / CONCERN - POWER
Alternative power to substitute for FP & L is necessary to keep the Utilities
Department operation functioning. Two major areas are the water operations
and wastewater operations that are dependent on power to run equipment,
machinery and processes.
Water - There are generators at each of the plants and fuel capacity is a
concern for long-term power outages, age and backup systems became
an issue during Wilma. Generators are also used in the wellfields and the
storage facilities - one area to address is the generator situation at the 1
million gallon storage tank and possibly enclosing the system. Also
pressure node cabinet size needs to be increased to allow for larger
battery storage.
Wastewater - each of the lift stations require power to operate pumps,
motors and telemetry. Approximately 10% of the system is covered, and
there is reliability for outside resources to supplement the system.
The extended power outage stressed the Utilities system not only from a power
standpoint but capacity of the system and the ability to maintain the capacity of
the system, especially the wastewater system. From a safety point of view staff
was pulled from the road following the curfews in place, wastewater spills were
evident.
IMPACT/CONSEQUENCE/RECOMMENDATION/COMMENTS - POWER
Power outages ranged from 4 days to 16 days. The water plants were out for 6
days, there was a failure with one of the generators and fortunately the
mechanics were able to keep the unit running. Searches for a large unit were
26
difficult as these are not units that are typically ready and available for temporary
situations.
During the improvements to the east and west plants, generator issues are being
addressed and a new replacement unit for the east is already under contract.
The wastewater system was not fully restored with FP & L power for 16 days.
Staff moved portable generators around to various locations and a map was
instituted for tracking purposes. Fixed units were placed at the bigger or sub-
master stations. Each of the Master Lift Stations has a stationary generator.
As the power outage event aged the response protocol did not change. Staff
was released in the evening due to safety issues. A recommendation to build
into the Utilities Department hurricane plan is an evaluation of the system
including the safety risks, the remaining capacity in the system, percentage of
power restoration, etc. to change the operation into a 24n operation for
wastewater maintenance. Also the map of lift stations will be further refined with
more details to facilitate movement of portable generators.
The department will also increase the number of generators on hand.
The department is already working with FlaWARN a cooperative of Utilities
throughout the state to provide interlocal agreements for utility assistance.
EVENT/ISSUE/CONCERN - RUNNING SYSTEM "BLINDLY"
The ability to see the system operation remotely was hampered by using
replacement power, staff could not see if the generators were being using or FP&
L was restored, or what the status of the generators were.
IMPACT/CONSEQUENCE/RECOMMENDATION/COMMENTS - RUNNING
SYSTEM "BLINDLY"
With the combination of issues going on (communications unreliable, and
scattered movement of equipment) staff had difficulty viewing the system or
having reliable data to make decisions. Relay switches will be installed at the lift
stations to identify those stations at which portable generators are plugged in.
Remote telemetry units will be upgraded at those other stations with new
generators installed, to denote the power source. Additional fixed in place
generators will keep the telemetry on-line at those stations. An operating plan for
rotating portable generators must also be devised so as to avoid sewage spills
rather than reacting to them.
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EVENT/ISSUE/CONCERN - COMMUNICATIONS
Communications between operations was hampered by losing phone service,
having spotty cellular and radio reliability. Operations included plants, field
personnel, and EOC staff.
IMPACT /CONSEQ UENCE/RECOMMENDA TION/COMMENTS
The 2 water plants could not talk to each other or see data that was being
generated that typically is used to operate the system. Field personnel had to
get a list report back to command center and update list and get new information.
A lot of time was spent en- route between situations and the EOC. A back-up
communications system using "point-to-point" radios, or repeater towers citywide
or department wide is recommended to improve communications.
EVENT/lSSUE/CONCERN - CHAIN OF COMMAND
Chain of Command structure was an on-going problem. Coordination and
distribution of supplies involved many departments and a variety of personnel
were giving directions, this was confusing staff and supervisors of staff.
IMPACT/CONSEQUENCE/RECOMMENDATION/COMMENTS - CHAIN OF
COMMAND
The Utilities Department had many people and vehicles scrambling to provide
transportation and manpower to pickup and deliver goods for point of distribution
centers that were established. A team with equipment should be established
prior to an event, the team crosses department lines and has a team leader
responsible for the accomplishment of the assigned tasks.
EVENT/lSSUE/CONCERN - EQUIPMENT TRACKING
A generator unit was missing for a short period of time. This unit has a Lojack
system installed and the authorities and Lojack were not effective in locating the
unit (we found it).
IMPACT/CONSEQUENCE/RECOMMENDATION/COMMENTS - EQUIPMENT
TRACKING
A generator went missing for a period of time and staff reported the situation.
Staff tried to activate the Lojack system, but this failed. A test of the Lojack
system should be run and a better understanding of the system needs to be
grasped, also cooperation from the Police Department maybe necessary in
assisting with the Lojack system.
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Department: Police
Person submitting report: Matt Immler, Police Chief
EVENT/lSSUE/CONCERN - Wide-spread power outage
IMPACT OR CONSEQUENCE - The loss of power to the entire city during the
weather event created a public safety emergency which required the resources
of the entire police department:
Traffic - With the loss of traffic control signals and signs, the movement of
traffic within and through the city was impeded to the point that alternate
means of traffic control was immediately implemented. Major
intersections were posted with temporary stop signs and 1-95 overpasses
were coned to prevent left-turns and minimize traffic conflicts. The
department was deployed in an Alpha/Bravo mode and a pre-planned
traffic control plan was implemented to provide officer-control of major
intersections. Initially, 32 officers were being utilized for traffic control
during the daylight hours which still left sufficient manpower
(approximately 30 sworn officers) for patrol and 911 response. As the
power was restored to intersections by FPL or generator, traffic control
officers were redeployed to provide directed patrol or call response
services. The department was prepared to provide traffic control at all
major intersections and problems were minimal.
Security - The loss of power created a security issue for businesses and
residential neighborhoods. However, the Alpha/Bravo deployment
resulted in approximately 70 sworn officers being available for
neighborhood patrol. This proved to be a sufficient level of manpower to
provide for security and call response and there was no appreciable
increase in reported crime during the emergency. The single looting
incident was handled quickly by officers pre-positioned to various locations
around the city to provide a quick response to any location. The
department provided daily power-outage and traffic signal reports using a
plan and forms designed after the 2004 weather emergency.
Facilities - There was no appreciable damage to any police facility or
agency owned equipment.
RECOMMENDATION - The department was well prepared for this event and we
do not recommend changes to our emergency deployment plan. It is
recommended that the police department and/or the public works department
have more control over the city's traffic signals. Specifically, public works
personnel should be given access to intersection control boxes in order to reset
the signals and to wire-in generator power if necessary. There should also be
some discussion involving the use of portable/temporary traffic signals. These
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devices are commercially available and could be utilized at major intersections
during the night-time hours when officer-control is too hazardous.
We may also want to consider adding some "rugged" vehicle to the fleet in order
to give us a rough-terrain capability. Immediately after the storm passed, many
streets were impassable and standard vehicles could not be utilized to gain
access to various locations.
ADDITIONAL COMMENTS - The provision of food and gas to city employees
went a long way towards bolstering morale and making a bad situation
manageable. The department was able to operate out of its facility at the city hall
complex utilizing a maze of extension cords to get power to critical areas. A
review of the generator powered circuits in the PD should be considered in order
to provide emergency electrical power to all portions of the station to run
computers and other equipment such as photocopying and fax machines.
The department handled well over 200 "welfare checks" or requests by out-of-
town callers to check on the well-being of their relatives living here in the city.
The department accommodated all requests and utilized teams of officers to
contact residents and report back to the out-of-town callers. We had sufficient
manpower to handle these requests and I believe this process brought positive
public comment for our efforts.
Department: Human Resources
Person Submitting Report: Sharyn M. Goebelt, Human Resources Director
EVENT / ISSUE / CONCERN: Employee Compensation
Ordinance No. 05-036 "Civil Emergencies-Employee Compensation" needs to
be reviewed and edited. Concerns include:
The Ordinance categorizes employees as A=Essential/Mandatory
Personnel; B=Essential Personnel and C=Non-Essential Personnel
The City of Boynton Beach has 860+ employees and only 49
are designated "C".
The Ordinance does not address compensation for "C" employees and
"Part-time" employees.
Exempt emergency personnel are required to work 40 hours before
any type of compensation is granted.
IMPACT OR CONSEQUENCE
When employees are not treated with consistency or feel there is unequal
treatment it can affect employee morale and productivity.
RECOMMENDATION
Establish criteria to designate employees in the proper categories. Conduct an
audit to assess if all employees are properly designated. The process should
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include an annual review. Also, update the Ordinance to address the employee
compensation issues.
EVENT / ISSUE / CONCERN: Communication
With Employees:
During an emergency situation there are major power outages and
employees are unsure regarding their status. Many positive efforts were
made to communicate with employees and some of them need to be
memorialized:
In addition to the "Employee Hot Line", after the actual emergency
event an employee "Employee Information Line" should be established
so employees can call and speak to a "live" person who can address
their issues and concerns, instead of getting a recording.
The "Hurricane Emergency Employee Newsletter" should be a
standard publication during an emergency. Copies should be
distributed to the area where meals are being served to employees
and also distributed Citywide electronically. Other methods of
distribution should be explored.
With Citizens:
Continue to publish the City of Boynton Beach Hurricane Wilma Update
Post signs on the front door of City Hall regarding the status (e.g. "Closed
today" Also post the Citizens hot line number on the front door of City Hall)
IMPACT OR CONSEQUENCE
Improved communication will benefit Employees and Citizens during stressful
times.
RECOMMENDATION
Rewrite policies to include the Employee Information line and the Employee
Hurricane Newsletter.
Establish a process to post the current status on the front door of City Hall,
which should be updated on a daily basis.
Install a high-speed copier at the EOC to print newsletters
EVENT / ISSUE / CONCERN: Managing the EOC
As discussed at the brainstorming meeting, designate an EOC Manager to
oversee the overall operations of the center.
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Create an "Emergency" EOC organization chart and a schedule for coverage
at the EOC
Provide impact training
Establish computer work stations designating who is assigned to each station.
Have "runners" available to assist when communication methods are
completely shut down.
IMPACT OR CONSEQUENCE
An even better run EOC with less uncertainty regarding who is responsible for
what functions.
RECOMMENDATION
Assign an EOC Manager; establish schedules; provide training; establish
computer work stations.
ADDITIONAL COMMENTS:
Overall, I feel the EOC was run in an extremely efficient manner. Everyone was
professional, flexible and willing to assist in any way possible. It was a privilege
to be a part of the team.
Department:
Person Submitting Report:
Library
Virginia K Farace, Library Director
EVENT / ISSUE / CONCERN
Citizen Helpline at the Library
IMPACT OR CONSEQUENCE This was a very good resource for our
community. It gave citizens a "real person" to speak with during very stressful
times. Library staff is especially well-suited to assisting individuals who have
questions. Karen Abramson, Craig Clark and Ellen Mancuso answered this
telephone line from 8 AM til 6 PM inside the library without the benefit of
electricity (no lights/no HVAC/no computers etc). Fortunately the weather was
not overly hot and humid or this location could not have been used.
Now that the electricity is restored, calls continue to come in and continue to be
answered very professionally and sympathetically.
RECOMMENDATION In designing the new EOC, a slot should be reserved
for the Citizen Helpline to operate until electricity is restored in the Library.
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EVENT / ISSUE / CONCERN: Employee newsletter
IMPACT OR CONSEQUENCE: Very well done and an excellent way to
communicate with those employees who worked during the event. It reduced the
"grapevine effect" and got good information out to those who needed it in a timely
manner.
RECOMMENDATION: Attach the daily citizen update that was done by the
PIO to the employee newsletter so that employees also get the same information
that the general public received. The two newsletters should NOT be merged but
both made available to the employees.
ADDITIONAL COMMENTS: If there was a way to include some of the
relevant information on the Employee Hotline phone #, that could be helpful also.
The time limit on the Hotline would need to be extended as there was not enough
space for a lengthy message.
EVENT / ISSUE / CONCERN: Hurricane Update Newsletter
IMPACT OR CONSEQUENCE: Great way of keeping public informed.
RECOMMENDATION: Distribute also thru local stores such as Ace
Hardware, Lowes, Home Depot. Select those locations that are the busiest right
after the event. Depending on when the event occurs, local churches can be a
good way to reach people as was done last year. Extend the amount of space
on the city phone message system also so that more of this news can be added.
ADDITIONAL COMMENTS: Ace hardware received these last year but not
this year and specifically requested that they be included in the future. They
have very high traffic after the event and open on generator power to serve the
local community. They do not receive the Chamber emails and there may be
other local businesses in a similar situation.
EVENT / ISSUE / CONCERN
Operation Blue Roof
IMPACT OR CONSEQUENCE The City Library worked with the Army Corps of
Engineers to set-up and staff an application center for registering qualified
houses to have a covering applied to their roofs. Library staff assumed
responsibility for training and supervising volunteers at the Mall and then moved
the application process to the Library when the Library reopened. Library Staff,
particularly Karen Abramson, did a great job in organizing, training and staffing
the operations at the Mall. Joe Green assisted at the Mall and took over
supervision when the operations moved to the Library.
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Unfortunately, some incorrect information was released to the news media by the
Army Corps or FEMA causing people to line up and wait for several hours until
the Mall opened. Also because the media did not list the criteria for qualifying
(pitched roof with shingles - no flat roofs - no tile roofs) many people who did not
qualify waited in long lines and took out their anger on the staff and volunteers.
The Army Corps changed its contact person for Blue Roof many times and we
had to be extremely proactive to assure the success of our portion of their
project.
RECOMMENDATION Have the City place its own announcements with the
press and news media on a twice daily basis. Have the City's information officer
contact the supervisor at the site prior to releasing information to be sure of its
accuracy. By having the city release information, it could incorporate the fact that
the city, via staff and local volunteers, was responsible for bringing these
services to our residents, but not responsible for setting the criteria or applying
the tarps, etc. (Get some visibility and kudos for the city while placing the
accountability with FEMA.)
ADDITIONAL COMMENTS This was a good community service for our
residents. The Librarians were wonderful in dealing with the people and were
able to answer other questions as well. While at the Mall, some CERT and COP
volunteers assisted the staff. These retired individuals really wanted to help
during this disaster, however not all volunteers are suited to every duty. The city
should include representatives from these groups in their debriefing and planning
sessions. Some very good ideas and a better match between duties and
capabilities could be the result of including them in the process.
EVENT / ISSUE / CONCERN Temporary Housing Operation Center (THOC)
IMPACT OR CONSEQUENCE Not as organized or publicized as would be
desired.
RECOMMENDATION Only in operation for three days so would like
to reserve observations and recommendations until a later date.
Department: Development
Person Submitting Report: Quintus Green, Development Director
EVENT / ISSUE / CONCERN For a period of at least two to three days,
immediately after the storm, the ability to communicate with key departmental
staff via telephone was non-existent. The cell phones provided by the city (both
Nextel and Cingular) were absolutely useless. Direct connections could not be
made, messages could not be retrieved, and phone calls would not go through.
34
IMPACT / CONSEQUENCE It became necessary to go by the homes of key
staff members to let them know of upcoming meetings and other issues related
to the city's recovery efforts. It was fortunate in the case of the Development
Department, these staff members lived in nearby communities instead of in
Broward or Martin County.
RECOMMENDATION: The City should invest in a number of satellite phones
for communication with and among key staff during an emergency.
*NOTE: The above reports have not been edited. As one reviews these reports,
it becomes obvious that they fall into one of three categories. The first category
includes factual-based supporting information that brings a legitimate issue
forward that needs to be seriously considered. These are generally issues that
may need support and/or authority from the City Manager and/or the City
Commission to implement, or suggestions that are new and creative and that
need further review. The second group constitutes those that are bringing forth
issues that they should have been aware of and should have already made the
necessary changes to their respective plans, as is their responsibility to do so.
Even if the issue is only now becoming evident, the necessary change requires
no further authorization, only the department head being accountable and taking
responsibility to include the change into their respective plan. The third group is
made up of issues that have unfortunately been neglected due to lack of
understanding and/or accountability with regard to their respective departmental
hurricane plan, or serious miscommunication between the Manager / Department
Head and their respective CML T member. At this point in time, there is little
excuse for these concerns, but they nonetheless need to be addressed
immediately. Fortunately, most issues in this category are easily resolved with
enhanced communication and effective leadership.
I reserve further personal comment on the above list of concerns and choose to
defer until you have had an opportunity to review this report. I suggest you
highlight those issues that you feel are appropriate and that staff concentrates on
finding solutions or developing a plan of action to ultimately resolve the topics
noted as we move into the next hurricane season. I trust that we will be
discussing this report prior to moving onto the next step. This format for strategic
implementation worked well in 2004.
Maior Issues and Comments
The number of positive events in this storm far outweighed the issues that need
to be addressed. This is directly related to implementing procedures that were
identified in the 2004 after-action report.
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Communications - Last minute plans for transferring communications to remote
site. This is another issue that will be addressed with the construction of the Fire
Station #5 / Communication Center complex. There is a need for an "interim"
communication site solution for the next two - three years.
Cell phones - There were problems with contacting department heads during
and after storm, even though the order was given to carry assigned back-up
phones. One suggestion may be for senior staff and essential personnel to call
into the EOC on regular or scheduled basis in the absence of hearing from EOC.
Emergency Operations Center assignments - There were too many instances of
department-specific issues that were unanswerable due to the lack of personnel
at, or available to the staff at the EOC. This issue is related to "cell phone" above
and can, for the most part, be resolved by requiring staff to forward phones to cell
phone or to other locations. This assumes that the phone system is operational.
As a solution, I recommend that the "participant list" of those required to be in the
EOC be refined and that an organizational chart be established for storm and
post-storm participation.
There was a lack of information passed on from EOC-assigned department
representatives for daily impact situation reports. There needs to be a structured
approach to reporting relevant citywide issues to our EOC person-in-charge of
reporting to the County EOC.
Radio problems - loss of antenna. We were fortunate that only part of the
antenna was blown off of our tower. We have to question how we would have
functioned if the entire antenna was damaged / missing and need to consider
testing of back up systems to ensure a failsafe mode of operation.
Fire Rescue will be implementing a plan that uses Fire and Life safety personnel
(fire inspectors) to respond to fire alarm investigations. This type of call was
prevalent post-storm. Implementation of this plan will cut down on emergency
response, quickly alleviate the concerns of affected residents, determine the
immediate need for a "fire watch", and provide documentation of localized system
failures.
There was a noted lack of response back from the County EOC functional areas
in terms of our Impact requests.
While we made good decisions with regard to assisting the community, there was
no designated staff of which we could automatically rely on for ice and tarp
pickup at distribution sites. We should have larger trucks available for ice and
tarp pickup and a prearranged schedule for staff members to assist in this effort.
As for our own distribution sites for our citizens and employees, there was an
assumption that Fire Rescue would handle these issues and some departments
36
were critical when asked to assist. It seems that we need to work on making all
employees understand that they may be asked to function outside of their
existing and normal job duties in cases of emergency response to the
community. "This is not my job" was heard too often during the recovery and
distribution phase. All employees clearly do not understand the concept of
"getting the job done, whatever it takes". One partial solution is to predetermine
the locations for water, ice and tarp distribution and have staff pre-designated for
those sites. We may also want to prearrange to have COP, CERT and other
volunteer groups to assist in this type of recovery effort.
We should prearrange to have citizens call in to a designated line at the EOC
when power is restored to their respective area.
There was a lack of coordination among departments on the street to identify and
communicate street closing issues, causing significant increases in some
emergency response times. Four days after the storm we were still finding out
that roads were blocked - roads that in all likelihood had been noticed by city
staff, but not reported to the EOC.
There may be a need to identify a facility were payroll could be entered so that
payroll personnel do not have to wait until city hall opens post storm. One
suggestion is to identify a location (i.e. office in the EOC) where the necessary
computers are set up and payroll personnel could enter payroll on a timely basis.
Waiting for City Hall to open can create significant delays with a function that
becomes exponentially complex and complicated as the days, and in severe
cases, weeks ensue.
AM radio station - We should expand the number of transmitters to provide
larger coverage and redundancy. Also it took several days to remove the NOAA
weather information from the radio broadcasts. Listeners had only a 50/50
chance of hearing hurricane related information.
Emergency Power for Fire Station #1. Even without the roof failure we would
have had to evacuate due staff to limited emergency power. This station is, and
will remain, integral to the response to downtown Boynton Beach and is a
primary response site to the NE section of the city until Fire Station #5 is built.
The EOC, Police Department, Communications Center and all Fire Stations need
to remain staffed 24/7 post disaster and should have emergency power and air
conditioning. This should be a priority prior to the 2006 hurricane season.
Issues Reported to Palm Beach County
The following items were discussed by city staff and were offered during a Palm
Beach County after-action meeting held on Wednesday, December 21,2005 at
the PBCo. Emergency Operations Center.
37
);> There appeared to be a lack of balance concerning where the Point of
Distribution sites were located. Having sites in cities back-to-back (Boca
and Delray) seemed to provide an imbalance of locations. It would seem
to make more sense to have these PODs staged at more regular intervals
(i.e. every other coastal city).
);> One of the major public safety difficulties in our recovery efforts involved
the traffic issues due to inoperable traffic lights. An extraordinary number
of police officers were required to manage the traffic congestion at major
intersections, not to mention the reduced response times of public safety
personnel due to traffic. It would make sense to pre-wire key traffic lights
to accept small generators that the individual cities could provide
immediately after a storm. This project would also include the ability of the
cities to reset the traffic control computers.
);> Plastic tarps - The City of Boynton Beach actively collected and
distributed traps to our citizens. At issue were the types of traps that were
given out. Some loads picked up had normal size tarps and at other times
extremely large traps. There didn't seem to be any coordination
concerning what was available. Several times our personnel came back
with a truckload of tarps only to find out that the tarps were so large that
the entire truckload contained only a small quantity of tarps.
);> IMPACT - while the IMPACT system seemed to work well, it was noted
that there were significant delays in seeing our requests being assigned or
getting a response back from the EOC. While the system seemed to work
well for tracking requests and sharing information, it was the phone calls
to the Municipal Liaison that got the job done. Kudos to the Municipal
Liaison personnel staffing the EOC telephones. Every person contacted
was professional and able to provide assistance. If they didn't have an
answer they either forwarded the request to another individual or called
back when they had a response.
);> The Red Cross did a wonderful job in supplying the needs of our citizens.
While there was no specific feeding site identified, mobile canteen
vehicles roamed the area feeding victims. It would have been more
effective for us to have pre-arranged locations and scheduled times in
which we could send citizens to meet the canteen trucks. We had a
number of senior communities that would have benefited from having a
scheduled location and time given out rather than a hit or miss chance
meeting with these crews.
);> Last year the Red Cross shelter at the Boynton Beach High School
suffered serious power outages due to generator problems at that
location. The city was assured that all those generator issues were solved
this year. This was not the case and once again this shelter was without
power due to generator problems. The reliability of that generator causes
much concern for both the residents utilizing the shelter as well as our fire
rescue staff that staff this shelter.
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Final Thouahts
Our after-action report from the 2004 storm season (summary attached for
reference) identified twelve major areas of focus, identified by the City Manager,
most of which were put into place prior to Wilma. This level of preparation and
follow-up paid off in that the City of Boynton Beach was better prepared to deal
with the consequences of Wilma and established a new plateau of preparedness
that took al of the previous challenges into consideration. The City was generally
able to meet the needs of its residents and employees effectively and efficiently.
In a practical sense, major storms provide some great training and preparedness
opportunities. Once again, while better prepared, this season was a wake-up call
for all departments in the City of Boynton Beach and across the county, the state,
and the country. As far as a governmental entity being able to deal with the
challenges of a Hurricane, the State of Florida is hailed as one of the best in
terms of preparedness and utilization of resources. The City of Boynton Beach
stepped to the plate and I am confident that the lessons learned and
implemented since 2004 have allowed us to be better deal with the issues of
preparedness and post-hurricane relief to our citizens.
Wilma will be remembered as striking a devastating blow to our community. The
second of two consecutive challenging hurricane seasons took a significant toll
on the City of Boynton Beach, although our area was comparatively fortunate
due, in part, to the high quality of service rendered to her citizens by the City's
workforce. All in all, the City, at all levels, adapted to the changing environment
and overcame obstacles that, with less motivated employees, would have
created significant and long-term problem that may have risen to crisis levels.
One clear example is the ability to maintain our drinking water throughout this
emergency, a clear distinction with neighboring cities.
This report needs to highlights two future considerations. Many neighboring
coastal cities have hired or assigned an employee(s) dedicated to year-round
disaster management and mitigation issues, while the Boynton Beach's plan is
essentially managed as a corollary function of the Fire Rescue Department As
the population of Boynton Beach grows and as the City assumes a new look with
several major projects, this should be a future consideration, particularly in light
of city responsibilities blending into the need for more community-related
assistance, without the benefit of funding from other sources for this type if
initiative. This report also emphasizes the need for a dedicated and hardened
City of Boynton Beach Emergency Operations Center. This is being designed
into the Fire Station #5 complex at Gateway Boulevard and this project plan
should be immediately funded and progress without further delay.
We worked hard to get where we were prior to the 2005 storm season. The
storm trend and projections dictate that we must continue to work even harder to
concentrate on our strategic disaster plan and to ensure that we are truly
prepared for the 2006 season, already predicted to be a busy Atlantic Hurricane
season. As stated in the 2004 after-action report, each department must be
39
encouraged to work with other departments in preparing hurricane plans that
have responsibilities that cross departmental lines. If recent attention to
individual department preparedness plans was met with disdain and
complacency, we need to take our role as stewards more seriously and ensure
that all departmental plans are current and workable, and that resources are
planned and available.
We can provide optimal service to our citizens only if we take care of our
workers. Many issues dealing with city employees have been effectively dealt
with and were put into practice during the 2005 hurricane season, although some
fine-tuning is necessary. Our city philosophy and values reflect a citizen-friendly
approach that rejects the "not my job" attitude and encourages getting beyond
the "talk" and into the "walk". There is some work to do in this area. The values
inherent in our city philosophy function well in everyday situations and work
exceptionally well in time of extenuating necessity. Whether the work was done
before, during, or after the storm, the elected officials of Boynton Beach should
be proud of their city employees for their response to Wilma.
Respectfully submitted,
William L. Bingham
Fire Chief
BB. Mr. Kurt Bressner, City Manager
City Commission
Attachment: 2004 Hurricane Season After-Action Report Summary
40
BOYNTON BEACH FIRE RESCUE DEPARTMENT
TO: Mr. Kurt Bressner, City Manager
FROM: William L. Bingham, Fire Chief
SUBJ: Follow-up to Hurricane After-Action Report Addressing Twelve (12)
Priority Concerns from 2004 Hurricane Season
Date: September 12,2005
Subsequent to a Hurricane Report that you provided to the City Commission
on January 24, 2005, you issued a list of recommendations to CML T
members on March 31, 2005. This was developed as a result of our 2004
Hurricane Season After-Action Report as presented to the City Commission
on March 15,2005. The following report discusses each of your twelve
priority items (bold) in detail. As you know, I enlisted the help of all CML T
members and others to assist in the gathering of information for this
document. Each of your twelve priority items is included, followed by a
detailed response (italics).
1. Pay policies for hurricane emergencies - The City was forced to rely
on several collective bargaining agreements (CBA's) and the
Personnel Policy Manual (PPM) to craft a pay determination for staff.
It is recommended that the City Commission adopt an emergency
pay policy to be put in place upon declaration of an emergency by
the City Commission. Such an ordinance could supercede the
CBA's and the PPM.
ITEM 1
PA Y POLICY IN THE EVENT OF A DECLARED EMERGENCY
This issue was resolved in August 2005 with approval of a comprehensive pay
policy for all city employees (Attached). In accordance with this plan, the Payroll
Department has developed new payroll codes. Some unexpected issues have
developed post-implementation that will need to be addressed after the 2005
hurricane season to ensure a smoother utilization of the plan and to address
variables in shifts of certain departments. The City has implemented the
necessary documents to clearly identify the role of all employees, regardless of
their status, to be eligible for reimbursement for salary expenses during a
declared emergency, in accordance to FEMA policy.
1
2. Develop a more refined public information program involving the
Mayor. We learned from the first storm that residents wanted to hear
from the Mayor and took steps to include him in public affairs
announcement on our AM Radio Station. By the second storm, the
Mayor was actively involved in the public information program
including national exposure on a news network show. Research of
emergency operations plans from other organizations reveals that
other jurisdictions also do not have defined roles and
responsibilities for the Mayor and other elected officials in a declared
emergency situation. The City developed a series of recovery
newsletters that contained crucial information. These were hand-
delivered by staff and volunteers to churches and stores as well as
"pushed" electronically to Chamber of Commerce members.
ITEM 2
PUBLIC INFORMA TION AND MA YOR INVOL VEMENT
Following the extraordinary hurricane season of 2004, each member of the City
Commission, Mayor Taylor, the City Manager and all emergency responders
gained many new insights into not only the City Of Boynton Beach
Emergency/Disaster Response Plan, but also the common concerns and
incredible tenacity of the city's residents in the face of one devastating crisis after
another. What follows is a series of recommendations with regard to the public's
access to Mayor Taylor and our other elected city officials:
· As was done (and we believe it to have been extremely effective), the
publication of a daily information newsletter proved to be our most reliable
outlet for up-to-date briefings to both residents and city employees. This
reliability was due to the fact that the city was in complete control of
content and distribution vs. the proven unreliability of all other media to
accurately report the information we supplied to them.
Recommendation: Prepare and publish a daily statement from Mayor
Taylor (and/or other elected officials) with the newsletter and deploy pre-
established distribution channels (i.e. C.O.P.S. or C.E.R. T. teams, Lowe's,
Home Depot, Publix, shelters, etc.).
· The well-known phrase, "seeing is believing" has served as the backbone
of political discourse since the birth of the democratic process with
incumbent officials and their opponents calling one another out to "walk
the walk" and perform as promised. If residents want to know where
Mayor Taylor and their elected officials are, what they are really asking for
is comfort in knowing that they are not alone-that these officials care
about them and are working hard to improve the conditions. Let them be
seen.
2
Recommendation: Be it a given that storm conditions have passed and
PO safety checks have cleared the way, bring Mayor Taylor and/or the
Vice-Mayor and other district commissioners out into the neighborhoods
for an "impromptu" meet and greet with residents. This can be efficiently
accomplished at any grocery store, gas station or other area that people
will quickly descend upon following the storm. A quick 5-minute visit from
a local official will serve to reassure those who need reassurance while
also offering a concentrated outlet for newsletters to be distributed to
those who simply want information. With a Public Information Officer
(PIO) present to handle all aggressive concerns, the Mayor can
concentrate on his talking points and then leave. (Residents will also tell
their neighbors and friends that they saw the Mayor, giving us a 2-or-3-to-
1 branding impression!)
. One thing we learned in the second storm was that the mass media are
difficult to convince, as we saw with the boil-water fiasco. When a former
staff member insisted on putting out a mixed message that was, in fact,
confusing to the newsrooms (thus causing them to have to cover
themselves on the safe side by telling residents to boil their water
anyway), repeated efforts by us all to get them to report accurately
seemed to fall on deaf ears. It wasn't until we started offering the Mayor
for "official" interviews that he, himself, was able to control that message.
Recommendation: Beginning at the earliest stages of an impending
storm, possibly even before we engage the Emergency Ops Plan, make
Mayor Taylor available to the mass media by soliciting them for interviews.
By putting Mayor Taylor in front of them early, we stand a greater chance
of building a more effective relationship before things really heat up in the
newsroom. If a clear and reliable channel of communication is already
open, news directors are more likely to take that easier road in the midst
of newsroom chaos than they are of trying to establish new channels,
which can be very frustrating to them once the crisis escalates-this helps
us to become the "go to" city in Palm Beach County. (Almost a year later,
we now have a combined list of very strong news media contacts that will
make this much easier and less frustrating for everyone.)
. While a lot of time was spent before, during and after the storms keeping
1670AM up to date and accurate, it is our best professional opinion that
everyone's time is much better spent working with real media outlets. The
actual reach (versus the perceived impact) of this "signal" is negligible,
especially as it tends to fluctuate between 2-3 watts to avoid breaching its
5-watt maximum. Real people will be listening to "Real Radio" or
something similar. There are so many other more worthwhile and
professional broadcast quality sources for information that the public will
be utilizing, so to spend anything more than a bare minimum amount of
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time playing with this anemic system would be an inefficient waste of
valuable time and human resources.
Recommendation: Budget the necessary funding to upgrade the power.
While this may bring with it some minor FCC issues, we believe that any
obstacle will be well worth the effort of overcoming from a "Return of
Investment" standpoint and will make this one of the most powerful tools in
the city's public service arsenal. However, at this time, we must
recommend simply having Mayor Taylor record the three "Hurricane
Statements" for airing throughout the progression of the storm, then, leave
it alone. Boynton Beach residents anywhere outside of our immediate city
block will not be able to hear any daily updates on where to go or what to
do next or when to come to work. Concentrate our resources on
newsletter distribution, real media and in-house phone system updates
(provided a new phone system is in place that will provide enough
recordable space).
. As with any disaster, be it a natural or man-made event, change will rule
the day. It will be our ability to adapt, improvise and overcome that will
have the most valuable effect. Flexibility and patience with those who
don't share, or are not privy to, our own objectives will be essential. While
we have our own message to deliver, in the mass media arena those
hardest hit will be where the focus lies. Our boil water status paled in
comparison to the utter destruction we saw in Charlotte and St. Lucie
counties. However, by making the mayor and other elected officials
available as much as humanly possible (and in close proximity to a PIa),
we will be able to provide a level of customer service and information to
our residents that should allay their fears, address their frustrations and
move our city forward in the recovery effort.
Unfortunately, there will always be some who simply feel the need to vent
their personal disturbances in the general direction of others, especially
toward their elected officials. It will be for these people that we will give
our level best to super-serve the community, to keep them informed any
way we can, given the circumstances of the hour at hand. While not every
complaint is legitimate, it is worthy of a response. Communication is
incumbent upon the messenger, and therefore, up to us-the Mayor, the
City Manager, the Commissioners, our employees in every department,
PO and Fire Rescue-to lead even the most difficult followers. We will do
so by providing them with every piece of necessary information they need
to feel safe, secure and satisfied that we have, and will continue to
perform at the level of excellence that they have come to expect from us
and that we expect from ourselves.
Science has proven that in the absence of information, the human mind
will, itself, fill in the blanks--often leading to inaccurate, even irrational
4
conclusions. The importance of the PIO position, in conjunction with the
real, or merely perceived, presence of the elected officials cannot be
overstated in any crisis.
3. Examine the City Code and determine if retrofitting of City facilities is
warranted for strengthening these facilities for storms. I recommend
a case-by-case review as some of the facilities are lower priority
buildings that cannot be retrofitted in a cost effective manner. I am
pleased to note that our new fire stations and Library are being built
to comply with the more restrictive Miami-Dade code for roof
construction.
ITEM 3
ANAL YSIS OF RETROFITTING CITY FACILITIES
City staff has taken a number of steps to retrofit existing City buildings. Staff has
purchased aluminum storm shutters for the second floor of the Children's
Museum. New shutter hardware has been purchased to supplement all shutter
installations as well as to provide a backup material inventory. Staff has
identified a potential funding grant to place storm window protection on the
remainder of the City Hall complex, however this work is costly and is not
budgeted so the work will not proceed until the grant is approved. Lastly, to
ensure correct storm shutter installation and to ensure that all hardware is
available, staff has inventoried all materials and conducted a trial installation of
most storm shutters. Further retrofitting of existing facilities, if desirable and cost
effective, will require significantly more financial resources and will be considered
in the CIP planning process.
It is apparent that, in the view of the Development Department, a proper analysis
of retrofitting city facilities would require an extensive study by professional
engineers to assess the structural integrity of each facility and their ability to meet
a specific standard (for example, to withstand a direct hit from a Category 3 or 4
hurricane). Once again, the City would have to budget for these required
improvements and upgrades in it's Capital Improvement Program (CIP).
4. Re-evaluate the food service provisions for staff required to be on
duty. Our current policy of providing just the basics in food (canned
goods, etc.) is not adequate. Staff should develop steps to convert
one of our facilities into a commissary with adequate provisions for
food service. We were fortunate to have been able to supplement
our food provisions with donations from stores and restaurants,
however, the basic food service was lacking. In addition, having one
or more commissaries will give the crews from different departments
an opportunity to better interact.
5
ITEM 4
EVALUATE FOOD SERVICE PROVISIONS
HURRICANE FOOD PROVISIONS
The following policy is now in effect and, to a small degree, was "field-tested"
during our slight brush with Katrina in 2005:
During the first 72 hours following police/fire lockdown, employees will be
responsible for their own provisions.
MRE's and bottled water will be available at all City facilities for those employees
unable to provide their own provisions.
After the initial 72-hour period has passed, the City Manager will determine if the
need exists for the City to provide food provisions to City employees in the field
performing emergency hurricane cleanup. If so, the City will utilize a pre-
arranged contract with a catering company(s) to provide all food provisions. An
annual retainer fee ($500-$1,000) will be paid to guarantee service when
needed. Sonnie's Barbeque, which has various locations within 30-50 mile
radius, has been contacted as is on-board with this contingency plan.
The Boynton Beach Civic Center will be used as commissary, and. "Level C" city
employees will be assigned to staff the Civic Center and provide assistance to
the catering company as needed.
No other food purchases will be allowed or reimbursed by the City. If purchases
are made at the departmental level, that department will be personally
responsible for those purchases.
5. Standby fuel before and after the storm event is a critical need. Most
departments took the necessary steps before the storm to see to it
that standby fuel was arranged and that tanks were full. I
recommend that the Public Works Department through fleet
maintenance be given the responsibility to verify fuel reserves and to
coordinate and direct post-storm fuel delivery.
ITEM 5
STANDBY FUEL PROVISIONS
Fuel delivery problems developed preceding and following the hurricanes of
2004, especially in regard to hurricane Frances. Several departments throughout
the city requested emergency deliveries to fill existing tanks at water treatment
plants, pumping stations and remote facilities. Not all of these requests were
honored before the storm, thereby limiting generator run time at those facilities.
To partially address this issue, the Public Works fleet maintenance division has
been charged with centralized ordering and distribution of diesel fuel. This will
greatly simplify the communications between the City and various vendors,
creating one point of contact and distribution. However, others issues remain in
the area of fuel distribution to the Departments various water treatment plants,
ground storage facilities, wellfields, master lift stations and portable generators.
6
An inventory of the fuel storage at the Department's major facilities with installed
emergency generator power is as follows:
Storaqe Volume (qal.)
2,180
5,914
1,000
1,000
500
1,000
800
800
800
644
525
Facility
East Water Treatment Plant
West Water Treatment Plant
East Wellfield (ballfield only)
3-MG storage tank - Miner Road
1-MG storage tank -Woolbright Rd.
LS # 356
LS # 316
LS # 317
LS # 319
LS # 309
LS # 801
Estim Run Time
36 hours
98 hours
100 hours
66 hours
50 hours
76 hours
66 hours
66 hours
66 hours
49 hours
52 hours
To facilitate fuel storage and delivery to its smaller generators, the Utilities
Department has installed an additional 2,000 gallon double-walled tank at its
master lift station #316, located on Golf Road, and also outfitted two of its pickup
trucks with 88 gallon holding tanks for the purpose of delivering diesel fuel to
remote locations. These pickup mounted tanks proved very beneficial for
refueling portable generators during the last hurricane season, and were also
pressed into service to deliver fuel to some of our larger facilities when the
expected tanker truck deliveries did not materialize. Their small (88-gallon)
capacity, however, limits their functionality and requires significant round trips to
and from the storage tank facilities at LS #316 or Public Works. Plus, dedicating
the pickup trucks for fuel delivery prevents the vehicles and their personnel from
performing mechanical or maintenance work. However, the Department has 3
pickup trucks that could be retrofitted with 88-gallon tanks and dispensers. The
cost for 3 additional tanks, if deemed desirable, would be approximately $2,600
plus installation charges.
One alternative worthy of consideration to address this issue on a citywide basis
would be the purchase of a larger vehicle with a fuel storage tank installed. This
vehicle would be capable of refueling several of the smaller installed or portable
generators without a return trip to the storage facility, and could be operated by
one person from the fleet maintenance staff. To this end, Staff developed, and
had approved, a new APM (08-01-08 - Emergency Generator and Vehicle
Fueling) regarding emergency fuel procedures. This procedure requires that the
Fleet Administrator coordinate all fuel needs citywide. Utilities personnel will be
working with Public Works Department to coordinate all the fuel needs of the
department in case of emergency. Furthermore, staff recently received City
Commission approval to purchase a mobile fueling unit capable of pumping and
transporting 1500 gallons of fuel to those locations in most need after a hurricane
event. This unit is being fabricated presently and should be available sometime
in October 2005. This vehicle can function to remove fuel from other tanks as
7
well as from our underground storage tanks. This will alleviate the need to have
fuel delivered, by an outside agency, to fire stations, water treatment plans, etc.
Currently we can store 20,000 gallons of diesel and 20,000 gallons of regular
fuel.
One additional alternative suggested by staff would be to install another 2,000-
gallon double-walled tank at L. S. # 319 located at Lawrence Road and Miner
Road. This tank could serve as an additional diesel fuel repository, and function
as a remote distribution point. Estimated cost of the tank would be $20,000.
6. Retro-fitting City facilities with appropriate stand-by generator or
transfer switch capabilities. As with #3 above, this will require a
building-by-building review.
ITEM 6
STAND-BY GENERA TORS AND TRANSFER SWITCHES FOR CITY
FACILITIES
Staff has evaluated the potential for moving portable generators to those City
facilities in need of emergency electrical powers. We found that all City facilities
that would be in use after a power outage had some form of standby electrical
generation. However, there remained a desire to further evaluate the potential
for additional electrical backup capability to power air conditioning systems in
those buildings where staff was required to work after the storm event. In
particular, staff identified the need to provide air conditioning to staff working in
the Public Works administrative office and in Fire Station 1. Staff contracted with
CH2MHILL to evaluate backup generator needs to power the chiller system at
City Hall since this system also cools Fire Station 1. We found that the estimated
cost to provide this amenity was nearly $350,000 and therefore we are unable to
address this at this time. This project will have to be considered by the City in
future Capital plans. It is not included in the current CIP. It is important to note
that Fire Station #1 is obviously staffed with up to ten personnel working 24-hour
shifts on a 24/7 basis during an emergency. The issue of electric generation for
lights, radio chargers and overhead doors, as well as and air-conditioning is a
critical concern, particularly during long-term deployments
Lastly, staff received an estimate of $35, 000 to modify the backup electrical
panel to allow for a secondary generator to be installed to run the air conditioning
system in the Public Works administrative offices. We found this cost to be too
high given the increasing chance that the Public Works compound may be
relocated altogether. Furthermore, any secondary generator connection would
require us to assume that a portable generator would be available. Given the
severity of a storm event, it may be very likely that all portable City generators
would be in use powering water well sites and lift stations.
8
7. Verify the number and size of Utility standby generators for lift
stations and well fields. Generally, the City did well in this area
despite the loss of three generators loaned to the Hurricane Charley
effort. I believe additional generators or dual electrical feeds for key
City lift stations and wellheads are needed.
ITEM 7
VERIFY THE NUMBER AND SIZE OF UTILITY STANDBY GENERA TORS FOR
LIFT STA TlONS AND WELL FIELDS.
Hurricanes Frances and Jeanne left widespread power outages throughout Palm
Beach County in their wake, posing a challenge to every water utility, but a
special challenge to those with remote pumping stations. Whereas state design
standards require the installation of emergency generators at water treatment
facilities, remote pumping stations are only required to include the receptacles for
connection of emergency generators. With upwards of 120 sewage lift stations
out of power during the aftermath of both storms, the availability of portable
generators available was readily outstripped by the demand.
Our analysis of this component will focus on the need for additional emergency
generator power to serve the City's sewage lift stations, particularly those
designated as "major re-pumping stations", which do not currently have installed
generator sets. During our discussions, five stations were designated as those
most critical in the configuration of our sewage pumping by virtue of their service
to critical facilities, and their function in re-pumping sewage from other basins.
We would like to retrofit these five stations (nos. 509, 603, 310, 405, 406) with
on-site generators as soon as possible. The rationale for selecting these stations
above all others is based upon the following facts:
LS 509 - Boynton Beach High School, the City's largest hurricane shelter.
LS 603 - Re-pumps Fire Station #2, Homewood Residence and portions of
Leisureville.
LS 310 - Boynton Beach Assisted Living Facility, 4 Seasons, Boynton Bay
Apartments.
LS405 - Bethesda Hospital and Boulevard Manor Nursing Center.
LS 406 - Chapel Hill, Mission Hill, re-pump Lake Eden.
It is preferred that the generator sets for these stations be outfitted with self-
contained fuel tanks that can provide for 48-hours of continuous service without
refueling. This would allow time for departmental personnel to mobilize and
deploy portable generator sets to other stations without having to attend these
critical locations. The cost per generator set, installed, is estimated at $23,000.
$75,000 has been budgeted in the current year's CIP budget for new generators.
The following is a list of those priority stations requiring portable generator power
if needed, due to the presence of nursing homes, A CLF's, or Fire/Rescue
9
facilities within the lift stations' service area. This list is provided for operational
purposes only, and does not constitute an added expense.
404 - Parkside Inn.
414 - Fire Station #4, Alterra Winwood East.
516 - Fire Station #3, Melear PUD.
606 - Homewood Residence, parts of Leisureville.
607- Fire Station #2, parts of Leisureville.
612 -Marriott Brighton Gardens.
717- Newport Place and Ridge Terrace Health Care Center.
806-Manor Care Nursing Home, Alterra Winwood West, portions of Hunters Run.
811- Heartland Health Care Center.
Staff identified the need for five additional generators to supplement the existing
stock, as stationary equipment, to retrofit five critical lift stations. The five
generators are currently on order. A new replacement generator has also been
bid for the East Water Treatment Plant; while another one has been proposed for
the West Water Treatment Plant, as part of an improvement project for that plant.
The West Plant Improvement project is currently in its design phase. The
Department has identified nine (9) priority stations to receive existing portable
generators, and these nine are listed in the department's hurricane update report.
Beyond that, emergency response will be based upon monitoring the high water
alarms throughout the system and re-assigning potable generators to critical
facilities, as required. Some lift stations have larger collection systems than
others, and therefore possess greater storage capacity. Other stations have very
limited storage, and would require more frequent generator usage. Staff has
grown quite adept in monitoring the system and is well acquainted with the
storage time of those critical, low-volume facilities.
Wastewater Pumpina Stations
Stations with permanently installed generators:
Master Station #309- 1900 N. Seacrest Blvd...
Master Station #316- 100 yards east of Military Trail and Golf Road.
Master Station #317 - 1000 feet east of Winchester Park Blvd. on Boynton
Beach Blvd..
Master Station #319 - Southeast corner of Lawrence Road and Miner Road.
Master Station #356 - 500 feet east of Federal Highway on Boynton Beach Blvd.
Extension.
Master Station #801- Northwest corner of Lawrence Road and Boynton Beach
Blvd..
Stormwater Station # 415- sw;rd Street between 5th Lane and 6th Ave..
Stations with 40 Kw permanentlv installed aenerators on order:
LS 509 Quantum Park South - inside the Publix warehouse complex in Quantum
Park.
10
LS 603 Home Depot area - just South of the East end of SW 4th A ve. behind
Home Depot.
LS 405 Behind (E of) Bethesda Hospital- NW comer of SW 27th Ave. & SW 6
St. intersection.
LS 310 Four Seasons - 100 ft. NE of NE 4th Sf. & NE 16th Ave. intersection.
LS 406 West of Chapel Hill Blvd. & Westwood Ln. intersection (in the median).
Portable (trailer-mounted) aenerators
Generator 8148 (60 Kw)
Generator 8146 (60 Kw)
Generator 8149 (60 Kw)
Generator 8145 (60 Kw)
Generator 8147 (60 Kw)
Generator 8105 (125 Kw)
Generator 8106 (80 Kw)
Generator 8128 (80 Kw)
Generator 8119 (80 Kw)
Generator 8107 (80 Kw)
Generator 8127 (80 Kw)
Generator 8120 (80 Kw)
Generator 8189 (80 Kw)
Generator 8188 (80 Kw)
Generator 8184 (60 Kw)
Generator 8183 (60 Kw) - permanently assigned to Fire Station #2
Water Treatment Division
Permanently installed generators are at both treatment plants and portions of
East Wellfield, and ground storage tanks.
Portable aenerators for Wells
8065-125 Kw Onan
8066-125 Kw Onan
8105-125 Kw Onan
8111-125 Kw Onan
8132-125 Kw Katolight
LARGE PUMPS AND OTHER EQUIPMENT
Pump 8051 (6'? - Water Distribution
Pump 8052 (8'? - Stormwater
Pump 8123 (6" Godwin)
Pump 8124 (6" Godwin)
Pump 1485 (12" Godwin)
Welderon Vehicle #114
11
8. Provide several extra generators to be deployed in the community to
support private relief efforts at churches or faith-based agencies.
There were instances of several churches providing excellent relief
services without use of public funds. Their efforts were hobbled,
however by lack of electrical power. Perhaps the City's Grant's
Team can identify funding sources for these facilities to 'retrofit" the
buildings with transfer switches or generators so that a second tier
of relief facilities can be identified.
ITEMS
PROVIDE SEVERAL EXTRA GENERA TORS TO BE DEPLOYED IN THE
COMMUNITY TO SUPPORT PRIVA TE RELIEF EFFORTS AT CHURCHES OR
FAITH-BASED AGENCIES, AND SEARCH FOR GRANT OPPORTUNITIES.
There is currently no provision for the use of City generators to supply power to
private relief efforts in the City. Generators designated for this use would need to
be budgeted and purchased. Given the number of City-owned sites and lift
stations that may require generation, to commit an existing generator would be
irresponsible and may jeopardize utilization of planned relief efforts.
The following is a review of staff's due diligence into researching the topic of
grants for generators: At an earlier meeting with representatives from the FEMA
grant team, it was brought to our attention that the awarding of grant money for
the purchase of generators was an extremely remote possibility. According to
the FEMA staff members, the acquisition of generators was considered a
municipal problem, something that FEMA assigned a vel}' low priority for funding.
In fact, during our meetings with the FEMA staff members, they strongly advised
to remove any reference for the funding of any generators, or even portions of a
generator in our EOC hardening grant application. The mere mention of the
inclusion of a generator in the grant application might trigger a rejection of the
entire grant application. This grant award philosophy was further revealed at the
Governor's Hurricane Conference Jim Ness attended in early May. Again, word
was that generators were an item that was on FEMA's radar screen for grant
rejection, and that there just was not any federal funding available for these types
of projects. Significant time as spent researching the various generator vendors
at the conference. These vendors also agreed that the most practical solution to
any generator problem was to rent or lease the machines; to that end Jim
collected a number of rental brochures. Those brochures were forwarded to Jeff
Livergood for his review.
In addition, Grants Coordinator, Debbie Majors, searched eCivis Grants Locator
for possible funding sources. While the Florida Department of Community Affairs
and United States Federal Emergency Management Agency (FEMA) has several
programs for disaster recovel}' there was no funding source identified that would
pay for generators or retrofitting facilities with transfer switches. Debbie also
contacted the State Liaison for Faith-based and Community Organizations, Liza
McFadden, and the FEMA Public Assistance Headquarters in Orlando and spoke
12
with Annie Brown, to ensure no sources were overlooked. Locally, Tamara
Worley, with the United Way, and Judith Brauer with Resource Development
Initiative were contacted for potential funding sources. Despite our efforts, no
suitable grant funding was identified.
Mary Wyns, Nonprofit Resource Center's Director of Operations, suggested an
alternative might be for the City to collaborate with the non-profit and provide the
interest as a matching grant for a Small Business Loan (SBA) for a faith-based
collaborative. SBA interest was as low as 2.9% at the time of contact.
The future continues to look bleak concerning the awarding of grant funding for
these types of purchases. We suggest that a program of small yearly
incremental purchases of generators be implemented. The same incremental
purchase philosophy for these smaller generators also be included in our ten
year capital planning for those generators necessary to power entire complexes
including lighting and air conditioning.
9. Continue to support hosting FPL as a power restoration site in
Boynton Beach. I believe the location of the FPL site at Boynton
Beach Mall was a crucial element in Boynton Beach's faster utility
recovery.
ITEM 9
CONTINUE HOSTING FLORIDA POWER AND LIGHT (FPL) FOR
RES TORA TION SITE
We contacted FPL representative Tony Newbold on 4fl/05. Boynton Beach Mall
is designated as a staging area in their 2005 Restoration Plan. FPL is currently
working with Boynton Beach Mall management to establish an agreement. FPL
contact person(s) for this issue is Tony Newbold @ (561) 495-7603 or Mr. Michel
Khoury @ (561) 479-4500. All indications are that FPL is on-board with the City.
An issue has surfaced, however, in terms of insurance and liability that will need
to be worked out and is currently being addressed by the Legal Department. The
question remains whether the City or the County should accept this responsibility
and risk. It is hoped that the Legal Department will resolve this issue soon.
1 O.lmprove intersection safety in power outages. The City did not have
stand-by stop signs in place at intersections until about two days
after Hurricane Frances left. In addition, our traffic control with
personnel present at key intersections needs to be reviewed. I do
not favor use of volunteers for this work. We may wish to engage
the services of the Florida Highway Patrol Reserve or our own
reserve units to assist regular on duty staff.
13
ITEM 10
IMPROVED INTERSECTION SAFETY DURING POWER OUTAGES
The Police Department has developed the following protocol for control of major
intersections in the event of a citywide power outage.
The three overpasses for 1-95, Boynton Beach Boulevard, Gateway Boulevard,
and Woolbright Road, will be monitored by two officers at each location. Traffic
will flow freely east and west bound at each of these locations. All left turns will
be blocked which will assist with the flow of traffic at these major intersections.
Right turns at these intersections will be allowed.
Other major intersections throughout the City:
1. Hypoluxo and Congress.
2. Congress and Gateway.
3. Congress and Boynton Beach Boulevard.
4. Congress and Woolbright.
5. Boynton Beach Boulevard and Seacrest.
6. Seacrest and Woolbright.
7. Federal and Boynton Beach Boulevard.
8. Federal and Woolbright.
These intersections will be staffed with two sworn officers or community service
officers, properly equipped for manual traffic control. One of the two left turn
lanes at each intersection will be closed to assist in officer safety and ease of
control. The approximate number of officers needed to work all of the
intersections and overpasses is 22. Officers will be relieved on-station every two
hours. Assuming an alpha/bravo deployment, we should have sufficient officers
for the traffic control and preventive patrol functions.
Other smaller intersections will be posted with stop signs and will be checked as
often as possible to ensure that traffic is flowing properly. If an intersection has
power and the lights are still working normally or on flash, then we will not post
stop signs and allow the lights to continue to control the intersection.
We will maintain liaison with Public Works in order to insure that stop signs and
barricades are placed appropriately. It is also suggested that the largest
intersections along Congress Avenue (mentioned above) and as many others as
possible, be illuminated by portable lighting equipment if available.
11.lmprove our public information on trash and debris removal. The
City staff did a superb effort in the cleanup. However, as residents
began cleaning their private property of debris, this material
inevitably ended up on the street side. This played havoc with our
schedule and advise to residents as to when our first, second and
third pick-up would occur. The one-two punch of Frances and
14
Jeanne also played into concerns by residents that items they left on
the curb would be missiles in the second storm. Four days before
Jeanne, we shifted our pick-up of landscape debris to building debris
and damaged personal property. This was a good decision because
the landscape debris basically stayed intact in piles during Jeanne.
ITEM #11
PUBLIC INFORMATION ON TRASH AND DEBRIS REMOVAL
Public Works staff will do its very best to keep all parties apprised of ongoing
cleanup operations after a storm event. However, we must recognize that is
appropriate to only notify the public of general schedules on a neighborhood
basis. We are unable to project a schedule more than a few days in advance.
Last year, we tried to be somewhat specific regarding schedule with the public
only to see us fail to live up to that schedule on a number of occasions. For
example, our anticipated schedules were based upon the amount of debris
identified on the streets. Often times, in the days prior to the "scheduled" pickup,
residents would bring even more materials to the streets than we anticipated,
thus delaying the pickup and prolonging the overall schedule. Furthermore, we
found that unanticipated equipment failures by both the City and the private
contractor caused delay in cleanup operations. We found that the public was
frustrated both when we were unable to provide a precise pickup schedule and
when we were unable to adhere to an advertised schedule for reasons
mentioned herein. However, to better notify the public, staff is considering the
use of the Dialogic notification system through Palm Beach County. This would
allow us to use the telephone to notify the public several days in advance of
proposed pickup schedule. Additionally, we will continue to give the public, via
the PIO, the best schedule information that we have at any given time.
12. Seek better information from FEMA on eligibility of what is covered
under the storm reimbursement programs. Current regulations are
dependent on a state and national declaration of a disaster area.
Once the initial scan is completed, by FEMA and the state, a decision
is made as to what areas of recovery would be eligible for
reimbursement. In the case of Frances the reimbursement included
debris pick-up from public property and damage to public buildings.
Later, FEMA made several changes in approach, which were not
readily available to the City. City staff had to do some digging and
research to uncover the latest rule that "if you get to the curb of a
public street, you can include this on the reimbursement." This still
left a number of private gated communities to their own devices to
remove their storm debris. We had to advise them to document their
costs and that the City could not do much more than the basic
cleanup in these areas. I do understand that the Florida
congressional delegation has requested a more definitive word from
FEMA. Absent FEMA clarification, private gated communities are on
15
their own for debris removal. The City should work actively with our
delegation, Palm Beach County League of Cities and the Palm Beach
County League of Cities to obtain clarification before the next
hurricane season.
ITEM 12
SEEK BETTER INFORMA nON FROM FEMA ON ELIGIBILITY OF WHA TIS
COVERED UNDER THE STORM REIMBURSEMENT PROGRAMS.
FEMA has recently announced that they are implementing significant changes in
how damages are verified and reimbursements are provided amid widespread
fraud and waste of taxpayer's money after the 2004 storms. Issues such as
rental assistance will be verified after FEMA gave out $188 million to many who
chose not to relocate while their homes were being repaired. Training for
inspectors, beyond last year's two-hour requirement, and more careful
background checks are part of the new plan.
On a local level with an issue that affected the City of Boynton Beach, there was
much confusion regarding debris removal in gated "private" communities, and
issues regarding the salary disbursement for worker's required before, during,
and after the emergency and based upon the time of the actual "emergency
declaration", which has already been addressed. The City's policy is to pick up
debris in private communities post-storm with the understanding that the
associated charges will, in aI/likelihood, not be reimbursed. Obviously, we would
be reimbursed if the debris from private areas was brought to a public street, but
this is not encouraged due to other chal/enges created involving street
blockages, narrowed traffic lanes, etc.
For further clarification on FEMA's policy regarding Public Assistance and Debris
Removal, please find attached related FEMA web site information addressing
these two topics.
As stated earlier, this report represents a compilation of information obtained
from those on the attached participant list. I want to thank each member of this
team for their cooperation and input. I suggest that this document be forwarded
to State Representative Adam Hasner, who chaired the Legislative Committee on
Intergovernmental Affairs meeting in Delray Beach on June 13, 2005 to discuss
the 2004 Hurricane season. As you may recall, the City of Boynton Beach's
after-action report was discussed in detail at that meeting and this document
serves as a follow-up to that initial report. This concludes the report.
Attachments:
Project List I Participants
Pay Policy
Letter to City Commission (January 24, 2005)
CBB Emergency Organizational Chart
2005 Legislative Summary... Relating to Natural Disaster Preparation, Response, and Recovery
Public Assistance Mapping Charts
FEMAlPublic Assistance and Debris Management (FEMA329)
16
~(
'}
The City of Bovnton Beach, Florida
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Finance Administration (561) 742-6310
Fax: (561) 742-6316
IX.-CITY MANAGER'S
REPORT
ITEM B..
MEMORANDUM
TO: Mayor Taylor
Vice-Mayor McKoy
Commissioner McCray
Commissioner Ferguson
Commissioner Ensler
FROM: Bill Mummert ~
DATE: February 16,2006
SUBJECT: Updated CIP Worksheets
Attached are working draft CIP worksheets that are being prepared for the fiscal year 2006/07
budget. Changes that have been made by the CIP Team since the final 2005/06 CIP Budget
presented August 30, 2005 are highlighted in yellow. Project costs have been reviewed and
updated as well as the prioritization of all projects. You will note that the CIP Team has placed
emphasis on projects that involve maintenance of our existing infrastructure. A number of new
projects have been deferred in order to allocate resources to large scale and desirable projects.
The total cost of Fire Station #5 has now been incorporated into this listing as well as the
anticipated revenues from the final two years of the Fire Assessment since the Fire Assessment
Fund will not have sufficient funds to fund the total cost of this project. We have also added two
Public Service Tax Debt Issues to help provide sufficient cash flow to fund several of the larger
projects on the CIP list. This update includes a $20,000,000 bond issue in September 2006 and a
$25,000,000 bond issue in September 2009. A summary of the proposed new debt service
requirements is also attached. The additional debt service obligations from both of these
proposed bond issues will be funded by the Public Service Tax Debt Fund. An analysis of
revenue and expenditure projections for this fund has been included for your review.
CC: Kurt Bressner
Jeff Livergood
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CITY OF BOYNTON BEACH
PUBLIC SERVICE TAX DEBT FUND
ProDosed New Debt Service Reauirements
SERIES SERIES SERIES
2004 2006 2009
$17,540,000 $20,000,000 $25,000,000 TOTAL
2005/06 1,764,113.75 1,764,113.75
2006/07 1,762,620.00 648,404.17 2,411,024.17
2007/08 1,763,326.25 972,606.26 2,735,932.51
2008/09 1,764,038.75 972,606.26 2,736,645.01
2009/10 1,764,445.00 972,606.26 915,141.67 3,652,192.93
2010/11 1,767,245.00 972,606.26 1,841,312.50 4,581,163.76
2011/12 1,492,595.00 1,222,187.51 1,852,681.25 4,567,463.76
2012/13 1,489,845.00 1,221,137.51 1,852,625.00 4,563,607.51
2013/14 1,489,470.00 1,219,662.51 1,855,550.00 4,564,682.51
2014/15 1,491,220.00 1,217,762.51 1,851,425.00 4,560,407.51
2015/16 1,489,970.00 1,215,437.51 1,850,925.00 4,556,332.51
2016/17 1,488,945.00 1,212,687.51 1,848,925.00 4,550,557.51
2017/18 1,487,807.50 1,212,806.26 1,850,300.00 4,550,913.76
2018/19 1,490,660.00 1,215,481.26 1,845,050.00 4,551,191.26
2019/20 2,692,337.51 1,844,250.00 4,536,587.51
2020/21 2,691,275.01 1,842,300.00 4,533,575.01
2021/22 2,689,831.26 1,842,500.00 4,532,331.26
2022/23 2,694,587.51 1,839,700.00 4,534,287.51
2023/24 2,690,987.51 1,838,750.00 4,529,737.51
2024/25 2,687,646.88 1,834,500.00 4,522,146.88
2025/26 2,684,334.38 1,840,025.00 4,524,359.38
2026/27 2,685,703.13 1,835,496.88 4,521,200.01
2027/28 4,504,106.26 4,504,106.26
2028/29 4,496,687.51 4,496,687.51
2029/30 4,492,578.13 4,492,578.13
22,506,301.25 35,792,694.98 45,774,829.20
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ex. - CITY MANAGER'S
R.EPORT
ITEM C
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14, 2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon)
0 December 20, 2005 December 5,2005 (Noon) 0 February 21 , 2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19,2005 (Noon) [8] February 28, 2006 February 21, 2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) 0 March 21 , 2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
[8] City Manager's Report
RECOMMENDATION: Approve Resolution approving agreement with DR Horton, Inc for the construction of Nautica
Park in exchange for a credit of impact fees amounting to $136,300 for the Knollwood Subdivision.
EXPLANATION: Early in the planning stages, City staff approached DR Horton, developer of the Knollwood Subdivision
on Lawrence Road at Miner Road, to determine the level of developer interest in participating in the construction of Nautica
Park, immediately to the south and adjacent to Knollwood Subdivision. DR Horton expressed interest in participating in the
construction and, in fact, became an active partner when it was determined that excavated materials from the Nautica Park site
were needed to complete the grading of the Knollwood Subdivision. Therefore, City staffhas worked towards the creation of
an agreement between the City and DR Horton that will authorize DR Horton to construct the City Park.
The attached agreement represents many months of discussion between the City of Boynton Beach and DR Horton.
Essentially, this agreement provides for the funding and construction of the Nautica Park by DR Horton. In exchange, DR
Horton will receive a refund of their City assessed park impact fee valued at $136,300. Staff estimates the cost of the park
construction at over $300,000. Weare very pleased that this agreement imparts significant cost savings to the City for park
construction. Furthermore, DR Horton also receives the benefit of savings in construction Knollwood Subdivision because the
park site provides much of the fill material required to properly grade the subdivision site.
Staff has attached the basic agreement for Commission consideration and approval by Resolution. There are several easement
documents referenced in the agreement that are not yet available but they are technical in nature and do not affect the basic
intent of the agreement. Staff is requesting that the City Commission approve this resolution authorizing the City Manager to
sign the agreement and all necessary easement documents. Staff will ensure that all documents referenced in the agreement are
provided prior to final signature by the City Manager. Lastly, DR Horton has begun site clearing and would like to expedite
this agreement to allow commencement of earth moving operations from the park site to the subdivision site. It is their
preference that this agreement not be delayed to the March 21,2006 meeting.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.t'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT: The City will realize construction ofNautica Park according to design documents approved by City
staff at minimal cost to the taxpayer. Nautica Park will provide a passive park area for residents living in the Northwest
quadrant of the City.
FISCAL IMPACT: The City will refund park impact fees to DR Horton in the amount of $136,300.
. ding and construction separate from DR Horton.
City Manager's Signature
\ -
C~ Attorney / Finance / Human Resources
Department Name
Public Works
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
AGREEMENT
THIS AGREEMENT is made and entered into as of the _day of February, 2006, by
and between The City of Boynton Beach ("City") and, D. R. Horton, Inc., a Delaware
corporation ("Horton").
RECITALS:
A. Horton is acquiring the property described in Exhibit "A" and will develop same
and which will be referred to "Knollwood PUD".
B. In connection with said development, there will be a park site located adjacent to
Knollwood PUD owned by the City and described in Exhibit "B" ("Park Site")
C. The City and Horton have agreed to certain terms and provisions regarding said
Park Site and the responsibilities of the parties thereunder.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, it is hereby agreed as follows:
1. Recitals.
herein by this reference.
The foregoing recitals are true and correct and are incorporated
2. Horton's Obligations Regarding Park Site. Horton agrees that it shall: (i) grant a
public vehicular and pedestrian easement within Knollwood PUD that provides access across
Horton's entrance road to the parking lot within the Park Site; (ii) be responsible for all labor,
material, and equipment costs necessary to construct the Park Site to the specification set forth
on Exhibits "c" (Engineering Plan for Park Site) and "D" (Landscape for Park Site) ;
(iii)complete construction of the Park Site improvements with completion being defined
hereunder as acceptance by the City Engineer within two hundred ten (210) days of issuance of
land development permits, as same may be extended by agreement of the parties hereto and
subject to matters beyond Horton's reasonable control; (iv) maintain littoral planting for two (2)
years after completion of improvements on the Park Site; and (iv) maintain liability insurance in
the amounts and under the terms approved by the City's Risk Manager, to insure the City against
loss from claims arising from Horton's construction activities until such time as City approves
construction.
3. City's Obligation Regarding Park Site. City agrees that it shall: (i) provide all
necessary easements for the construction and maintenance of the shared entry feature/sign panels
for Knollwood PUD and the Park Site at the N.E. comer of the Park Site as designated by
Exhibits "E" & "F"; (ii) shall give park impact fee credits for all improvements (including all
hard and soft costs) made to the Park Site by Horton, provided that impact fee credits shall not be
deemed earned until completion and turnover of the Park Site to the City.; (iii) allow Horton to
plant littoral areas within the proposed lake on the Park Site, which will count towards the
required littoral areas within the Knollwood PUD lakes; (iv) provide an access and use easement
over the Park Site necessary to allow Horton to excavate and grade the lake within the Park Site
and maintain littoral planting as required herein; and (iv) process an Administrative Amendment
to the site plan reflecting changes to the Knollwood entry drive, walls and sign panels as
described herein.
4. Lawrence Road Retention. Horton shall have the right hereunder to offer Palm
Beach County with the use of the lakes on the Park Site as retention for Lawrence Road. Any
renumeration paid by Palm Beach County will be shared equally by Horton and City.
5. Removal of Fill. Horton shall have the right to remove fill from the Park Site
which is to be disposed of by Horton as determined by Horton in its sole and absolute discretion.
City will cooperate with Horton regarding Horton obtaining any necessary permits for removal
of fill.
6. Notices. Every notice, demand, request or other communication which may
be required or given under this Agreement shall be in writing and deemed given when sent by
United States certified or registered mail, postage prepaid, return receipt requested, and shall be
addressed to the City and Horton at the addresses set forth below, or at such other address as
shall be designated in writing by the parties.
To Horton:
D. R. Horton, Inc.
1245 South Military Drive, Suite 100
Deerfield Beach, Florida 33442
Attn: Paul Romanowski
With a copy to:
Juan E. Rodriguez, Esq.
Salomon, Kanner, Damian & Rodriguez, P.A.
80 S.W. 8th Street
Suite 2550
Miami, FL 33130
To City:
Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
With a copy to:
James A. Cherof, City Attorney, Esquire
Goren, Cherof, Doody & Ezrol, P .A.
3099 East Commercial Blvd., Ste. 200
Ft. Lauderdale, FL 33308
2
. 7. Litigation. This Agreement shall be governed by the internal laws of the State
of Florida, and venue shall lie in Palm Beach County, Florida. In the event of any litigation, the
prevailing party shall be entitled to recover its reasonable fees and costs incurred, at all tribunal
levels.
8. Waiver/Modification. This Agreement cannot be waived, modified, amended or
supplemented in any way except by written agreement executed and delivered by and to both
parties, except in the case of waiver, which must be signed only by the party against whom such
waiver is sought to be enforced. Any such waiver shall be limited to the specific instance only,
and shall not be construed as a continuing waiver or waiver or any other instance.
9. Successors and Assigns. All covenants, conditions, prOVlSlons,
representations and warranties contained in this Agreement shall (i) inure to the benefit of City
and its heirs, personal representatives, successors and assigns, and (ii) be binding upon Horton
and its heirs, personal representatives, successors and assigns.
10. Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof.
11. Enforcement. Both parties have the right to enforcement of the
obligations of the parties by action for specific performance. Additionally, the City has the right
to cover a default by Horton by completing the improvements in the event the City gives Horton
sixty (60) days notice and opportunity to cure a default. In the event the City elects to cover a
default, the City shall be entitled to recover the City's cost of completing the project from
Horton. In the event of any action to enforce the terms of this agreement, including an action
arising from the City's election to cover, the prevailing party shall be entitle to recover attorney
fees and court cost from
the other party, including those at the appellate level.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set
their hands and seals on the date first above written.
Signed, sealed and delivered
in the presence of:
CITY:
CITY OF BOYNTON BEACH
Print:
By:
Name:
Title:
ATTEST:
APPROVED AS TO FORM:
Janet Prainito, City Clerk
(Corporate Seal)
James A. Cherof, City Attorney
Print:
Print:
HORTON:
D. R. Horton, Inc., a Delaware
corporation
By:
Name:
Title:
(Corporate Seal)
2
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City of Boyton Beach, Florida
, I
1
2 RESOLUTION NO. R06-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE CITY MANAGER AND
7 CITY CLERK TO ENTER INTO THE AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 D.R. HORTON, INC. FOR THE CONSTRUCTION OF
10 NAUTICA PARK IN EXCHANGE FOR A CREDIT OF
11 IMPACT FEES AMOUNTING TO $136,300.00 FOR THE
12 KNOLLWOOD SUBDIVISION; AUTHORIZING THE
13 CITY MANAGER TO EXECUTE ANY AND ALL
14 NECESSARY DOCUMENTS IN CONJUNCTION WITH
15 THE AGREEMENT; AND PROVIDING AN EFFECTIVE
16 DATE.
17
18 WHEREAS, the Agreement provides for the funding and construction of the Nautica
19 Park by D.R. Horton in exchange for a refund of the City assessed park impact fee valued at
20 $136,300.00; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff, deems it to be in the best interests of the residents and citizens of
23 the City of Boynton Beach to approve the Agreement between the City of Boynton Beach and
24 D.R. Horton, Inc., for the construction of Nautica Park in exchange for a credit of park
25 impact fees of $136,300.00.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
31
32 hereby approve the Agreement between the City of Boynton Beach and D.R. Horton, Inc., for
33 the construction of Nautica Park in exchange for a credit of park impact fees of $136,300.00,
S:\CA\RESO\Agreements\Nautica Park DR Horton Agmt.doc
"
a copy of which is attached hereto and incorporated herein by reference as Exhibit "A".
2
Section 3.
The City Manager and City Clerk are hereby authorized to execute the
3 Agreement and any and all subsequent documents, including but not limited to easements,
4 required to effectuate this Agreement.
5
Section 4.
This Resolution shall become effective immediately upon passage.
6
PASSED AND ADOPTED this _ day of February, 2006.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27
28
29 City Clerk
30
31
32 (corporate seal)
~~
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Nautica Park DR Horton Agmt.doc