Agenda 05-02-06
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The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
MAY 2, 2006
Jerry Taylor
Mayor - At Large
Kurt Bressner
City Manager
Bob Ensler
Commissioner - District I
Mack McCray
Commissioner - District II
Mike Ferguson
Commissioner - District III
Carl McKoy
Vice Mayor - District IV
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WILCOME
Thank you for attending the City Comm...... 11._
GENERAL RULES ItPROCIDUR..
CITY OF BOYNTON 8:EACIf,
..1"
THE AGENDA:
Tl\ere is an official agenda for every meeting of the City COmmiS$iOners,V\tA'Jeh d."'i~~I1..~.r ,of
business conducted at the meeting. The City Commission will nottake acti~n~p<>naaY .. 'ub~r
item of business, which is not listed upon the official agenda., unless a majority of the Co tti!tsft1t$t
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Comml$Sl(m~AOtneedtodi~I"..lv
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission Willdi$(lu$sindi",idoal'lry.intte. Of.r
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval ofthe"l~ait~m. This C~_by~r
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEEnNGS:
The public is encouraged to offer comment to the Commission at their meetjmg$d~ring.~bl:ic~l1tlil$tP~btlc
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commi$SiQnre1!af'nsthe~tt()lirnit
discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda itemuAijerthe>secti<:H'le~~Ptlblic
Hearings."
· Public Audience: Any citizen may be heard concerning any mCltterWll1irnU1es(C~ ()ftheji~E)nOf
the Commission.
· Regular Agenda Items: Any citizen may speak on any officialagen.l_m'(s~Ji_(:fonth.,~~'.r
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, fQrthe record, YQurname,an-c1
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becorn~$~!_e-rOUSW~lle
Commission will be barred from further audience before the. CommiS$!QntJytt'i~~_~~'i
permission to continue or again address the Commission is granted by tMem.ntvv_of _
members present.
Please turn off all pagers and cellular phones in the City CommissionCnaffli~ whife.~~..mi..n
Meeting is in session.
City Commission meetings are held in the Boynton Beach CltyCommisslonChaf:J1~~~l~e ~h
Boulevard, Boynton Beach. All regular meetings are heJd,typically on.thefl~iliAqthird....,... ...,'..',...,'.'..,."'..,,..,.,.. .,~ef'Y
month, starting at 6:30 p.m. (Please check the Agenda SChedule - somemeeti:ngshaVe~m~i(lll.leto
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
May 2, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father Richard Floreck - St. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY It SPECIAL EVENTS, It PRESENTATIONS:
A. Announcements:
None.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. Civility Month - May 2006
b. Nurse Appreciation Week - May 6 - 12, 2006
c. National Public Works Week - May 21 - 27, 2006
d. Law Enforcement Appreciation Month - May 2006
e. Municipal Clerks Week - April 30 - May 6, 2006
2. Presentation by Freda De Fosse, Manager of Golf Administration, of check
in the amount of $7,700, proceeds of a golf tournament held at The Links
on April 1, 2006, to Ms. Laura Lassman, President and Founder of Play for
P.I.N.K. (Prevention, Immediate Diagnosis, New Technology, Knowledge).
Agenda
Regular City Commission
Boynton Beach, FL
May 2, 2006
Play for P.I.N.K. is a not-for-profit 501(c)(3) charity dedicated to raising
funds for breast cancer research.
3. Presentation by Mark Veil from Caler, Donten, Levine, Druker, Parter &
Veil, for the approval of the 9-30-2005 City of Boynton Beach Annual
Financial Report.
4. Presentation explaining red tags being issued for debris.
5. Establishment of Building Department Hotline
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (At
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission.)
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled (2)
II McCray Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (3)
III Ferguson Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (3)
II Ensler Adv. Bd. On Children & Youth Stu/Reg/NonVoting 1 yr term to 4/07 Tabled (3)
III Ferguson Arts Commission Alt 1 yr term to 4/07 Tabled (2)
I Ensler Arts Commission Alt 1 yr term to 4/07 Tabled (3)
II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Cemetery Board Alt 1 yr term to 4/07 Tabled (2)
II Ensler Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
II Ensler Community Redevelopment Board Reg 4 yr term to 1/08
IV McKoy Community Relations Board Alt 1 yr term to 4/07
II Ferguson Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
II Ensler Education Advisory Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Education Advisory Board Reg 2 yr term to 4/08 Tabled (3)
I Ensler Education Advisory Board Reg 2 yr term to 4/08 Tabled (3)
II McCray Education Advisory Board Reg 2 yr term to 4/08 Tabled (3)
III Ferguson Education Advisory Board Reg 2 yr term to 4/08 Tabled (3)
IV McKoy Education Advisory Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Education Advisory Board Stu 1 yr term to 4/07 Tabled (3)
2
Agenda
Regular City Commission
Boynton Beach, FL
May 2, 2006
Stu 1 yr term to 4/07 Tabled {3}
Aft 1 yr term to 4/07 Tabled {2}
Alt 1 yr term to 4/07 Tabled {3}
Alt 1 yr term to 4/07 Tabled {3}
Alt 1 yr term to 4/07 Tabled {3}
Reg 3 yr term to 4/08 Tabled {3}
Ensler Education Advisory Board
III Ferguson Library Board
II McCray Library Board
III Ferguson Recreation & Parks Board
II McCray Senior Advisory Board
I Ensler Employees' Pension Board
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Conference - April 14, 2006
2. Regular City Commission - April 18, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Award bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID
CAUSTIC SODA)" Bid #027-282106/0D to ALLIED UNIVERSAL
CORPORATION, of Miami, FL. with an annual estimated expenditure of
$147,506 for the Utilities Department.
C. Resolutions:
1. Proposed Resolution No. R06-088 RE: Approving the
City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 06/07,
07/08, and 08/09. These funds are the continuation of the State Housing
Initiatives Partnership (SHIP) Program.
2. (Intentionally left blank)
3. Proposed Resolution No. R06-089 RE: Approving and
authorizing execution of an agreement between the City of Boynton
Beach and The Crossings of Boynton Beach Condominium Association,
Inc. to enter into a partnership to improve and rehabilitate the
wastewater main line and service lines that convey wastewater from The
Crossings development into the City's wastewater collections system.
4. Proposed Resolution No. R06-090 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board.
3
Agenda
Regular City Commission
Boynton Beach, FL
May 2, 2006
a.
Authorizing execution of a contract with John J. Kirlin, Inc. in the
amount of $5,315,000 to construct the 6 mgd reclaim expansion.
b.
Approving Hazen and Sawyer Task Order 06-002 for reclaim
expansion to perform construction service in the amount of
$472,760.
D. Approve the "BOYNTON BEACH MEMORIAL PARK PLAT 2" conditioned on the
approval being the certification of the plat document by H. David Kelley, Jr. (City
Engineer and Surveyor & Mapper) The reconfiguration will net an additional 350
cemetery lots.
E. Authorize the use of $1,000 of Community Investment Funds to Jayne Miller
Nursing Scholarship Fund by Mayor Taylor and $500 each by Vice Mayor McKoy,
Commissioner Ensler and Commissioner McCray.
F. Approve piggyback of the Jacksonville Electric Authority (JEA) Bid #WCS-123-00
with Insituform Technologies, Inc. for Cured-in-Place Pipe and Lateral Cured-in-
Place Pipelining for The Crossings, Palm Beach Leisureville and Chapel Hill for a
total cost of $212,480. The Crossings will reimburse $45,000 for a total net cost
to the City of $167,480.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Approve a negotiated settlement agreement in the case of Toyonnie Smith vs.
City of Boynton Beach in the amount of $47,500. The City has previously paid
$5,014.60 for medical costs.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PUNNING AGENCY AND CITY COMMISSION
A.
Project:
Owner:
Location:
Description:
Sea crest Low Density Residential (LUAR 06-014)
City Initiated
West side of Sea crest Blvd. from NW 3rd Avenue to north of NW
6th Avenue
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC) to Low Density Residential
(LDR) (1st Reading of Proposed Ordinance No. 06-038)
Request to rezone from C-2 Neighborhood Commercial to R-1
Single Family Residential. (1st Reading of Proposed Ordinance
No. 06-039)
Proposed Use: No change proposed.
4
Agenda
Regular City Commission
Boynton Beach, FL
May 2, 2006
B.
Project:
Owner:
Location:
Description:
Seacrest High Density Residential (LUAR 06-015)
City Initiated
West side of Seacrest Boulevard north of NW 6th Avenue
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC) to High Density Residential
(HDR) (1st Reading of Proposed Ordinance No. 06-040)
Request to rezone from C-2 Neighborhood Commercial to R-3
Multifamily Residential (1st Reading of Proposed Ordinance
No. 06-041)
Proposed Use: No change proposed.
c.
Project:
Agent:
Owner:
Location:
Description
Harbor Cay (LUAR 06-009)
Robert K. Brooks, Jr., RKB Architects Planners, Inc.
Harbor Cay, LLC
East side of Federal Highway approximately 160 feet north of
Gateway Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC) and Low Density Residential
(LDR) to Special High Density Residential (SHDR) (1st Reading of
Proposed Ordinance No. 06-042)
Request to rezone from Community Commercial (C-3) and Single-
Family Residential (R-1-AA) to Infill Planned Unit Development
(IPUD) (1st Reading of Proposed Ordinance No. 06-043)
Proposed use: 23 fee-simple townhouse units.
1. Harbor Cay (NWSP 06-011) Request new site plan approval to
construct 23 fee-simple townhouse units, swimming pool and related site
improvements on a 1.429 acre parcel in the IPUD zoning district.
D.
Project:
Agent:
Owner:
Location:
Description:
Hemingway Square (LUAR 06-006)
Garcia Stromberg Architecture, Inc.
Robert Vitale
2319 South Federal Highway, NW corner of SE 23rd Avenue and
Federal Highway
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC) to Special High Density
Residential (SHDR) (Withdrawn at the request of applicant;
to be removed by Commission)
Request to rezone from Community Commercial (C-3) and
Neighborhood Commercial (C-2) to Infill Planned Unit
5
Agenda
Regular City Commission
Boynton Beach, FL
May 2, 2006
Development (PUD) (Withdrawn at the request of applicant;
to be removed by Commission)
1. Hemingway Square (HTEX 06-006) Request for height exception of
four (4) feet to allow chimneys to exceed the maximum building height of
45 feet for a total of 49 feet. (Withdrawn at the request of
applicant; to be removed by Commission)
2. Hemingway Square (NWSP 06-007) Request for New Site Plan
approval for construction of 21 town homes and recreation amenities and
related site improvements on 1.285 acres zoned IPUD. (Withdrawn at
the request of applicant; to be removed by Commission)
E.
Project:
Agent:
Owner:
Location:
Description:
F.
Project:
Agent:
Owner:
Location:
Description:
Hathaway Park Industrial Zone (LUAR 06-007)
Thomas F. Carney, Jr. Esq., The Carney Legal Group, P.A.
Robert Richardson, Jr. and Mark C. Daly
East side of Florida East Coast Railroad right-of-way, north and
south of SE 10th Avenue
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC) to Industrial (I) (1st
Reading of Proposed Ordinance No. 06-044)
Request to rezone from Community Commercial (C-3) to Industrial
(M-l) (1st Reading of Proposed Ordinance No. 06-045)
Monnin Alley NE 3rd Street (ABAN 06-006)
Mary Ann Monnin
N/A
Alley located between NE 5th and NE 6th Avenues, extending
approximately 150 feet west from NE 3rd Street
Request to abandon a portion of an unimproved alley located
between NE 5th and NE 6th Avenues, extending approximately 150
feet west from NE 3rd Street. (1st Reading of Proposed
Ordinance No. 06-046)
G. Deliverance by Faith Church (COUS 06-006) Request for conditional
use/new site plan approval for the construction of 3,538 square foot church and
a 1,712 square foot daycare center within a single structure, and related site
improvements on a 0.666 acre parcel zoned C-2.
H. Approval of Special Warranty Deed conveying title to the R. M. Lee Community
Development Center (CDC) for Lots 10, 17 & 18, Block 3, Happy Home Heights.
(Proposed Resolution No. R06-091)
IX. CITY MANAGER'S REPORT:
A. Requirement for underground utility lines for all new development
6
Agenda
Regular City Commission
Boynton Beach, FL
May 2, 2006
B. Continued Discussion on Study of Police Pension Issues
X. FUTURE AGENDA ITEMS:
A. Increasing Community Investment Funds - May 16, 2006
B. Cellular 911 Dispatch - May 16, 2006
C. Possible consolidation of the Education Advisory Board and the Advisory Board
on Children and Youth - May 16, 2006
D. Modification to Neighborhood Grants Program to Provide Funding for Permanent
Installed Generators for Clubhouses - May 16, 2006
E. Utility Service Area Analysis - June 2006
F. Review of Recreation & Park Fees - June 2006
G. Stand-by Power Requirements - June 2006
H. Review and possible adjustment of the stormwater fees - June 6, 2006
1. Adopting a new Article III of Chapter 18 entitled "Municipal Police Officers'
Retirement Trust Fund" in the Boynton Beach Code of Ordinances entitled
"Pensions for Police Officers" (Proposed Ordinance No. 06-036) (Tabled to
June 6, 2006)
J. Small/Minority Business Enterprise (S/MBE) Plan Proposal - July 2006
XI. NEW BUSINESS:
A. Discussion of CRA.
B. Discussion of Code Compliance Board.
C. Discussion on impact of the redevelopment of the Heart of Boynton based on the
anticipated change in the eminent domain legislation.
7
Agenda
Regular City Commission
Boynton Beach, Fl
May 2, 2006
XII.
LEGAL:
A.
Development - Public Hearing
Lawrence Road Project
1.
Proposed Ordinance No. 06-033-2od Reading RE: Annexing
acre parcel. (ANEX 06-003)
9.35
2. Proposed Ordinance No. 06-034-2od Reading RE: Amending the
Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to
Medium Density Residential (MEDR). (LUAR 06-004)
3. Proposed Ordinance No. 06-035-20d Reading RE: Approving the
rezoning from Agricultural Residential (AR Palm Beach County) to Planned Unit
Development (PUD). (LUAR 06-004)
4. Proposed Resolution No. R06-092 RE: Approving the new
site plan to construct 90 fee simple townhouse units on a 9.35 acre parcel in
the Planned Unit Development (PUD) zoning district. (Tabled to May 2,
2006)
B. Ordinances - 2nd Reading- Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 06-037 RE: Amending
Section 18-181 of the Boynton Beach Code of Ordinances to expand the
Firefighter Pension Board's investment authority by raising the cap on
equity holdings, and amending Section 181.1 to permit investment in
foreign securities, as permitted by State law.
C. Ordinance - 1st Reading
1. Proposed Ordinance No. 06-047 RE: Approving the
adoption of Ordinance to conform Charter language to previously
approved compensation increases.
D. Resolutions:
1. Proposed Resolution No. R06-093 RE: Approving
increasing the City Manager's Authorization for Expenditures for Disaster
Related Recovery Expenses or purchases to $200,000 for a period of
ninety (90) days after a declared emergency.
8
Agenda
Regular City Commission
Boynton Beach, FL
May 2, 2006
E. Other:
1. Approval of proposed settlement to pay $43,300 including costs and
attorney fees for the vacant property owned by Hester Taylor, which was
obtained by the City via eminent domain for the Wilson Center Expansion.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DEOSION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE 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 TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 04/28/06 1:10 p.m.
S:\CC\ WP\CCAGENDA \AGENDAS\ Year 2006\050206.doc
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
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 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April] 8, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
l2SJ May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May I, 2006 (Noon) D July 18, 2006 July 3, 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 l2SJ Presentation
D City Manager's Report
RECOMMENDATION: Present Proclamation
EXPLANATION: Each year, the City, County and Local Government Law Section of The Florida Bar asks cities and
counties in the state to proclaim Mayas Civility Month. The organization's goal is to uplift the tone and conduct in public
meetings through a pledge of civility.
PROGRAM IMPACT: Will raise public awareness of this program.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
U/~42b ~ ,~o/_
Depart nt H 's Signature
~
City Manager's Signature
Public Affairs
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
George Washington wrote, "Every action done in company, ought to be with
some sign of respect, to those that are present.If Today, there is an urgent
necessity that we as a nation find better ways to talk with and about each
other. Too often, we have relied on stereotypes, slurs, and innuendo to make
our points more memorable or more striking.
To combat this, the City, County and Local Government Law Section of The
Florida Bar has urged the adoption of a pledge of civility by all citizens in the
State of Florida. As a cornerstone of democracy, civility assists in reaching
consensus on diverse issues and allows for mutually ongoing relationships. It
also uplifts our daily life and makes it more pleasant to live in an organized
society .
Civility presents a basis for civil debate and exchange among people. But it
also demands integrity, a sense of fairness, and respect for others, as well as
a profound sense of personal responsibility.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as
Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of
May, 2006 to be observed as:
Civility Month
and call upon all our citizens to exercise civility toward each other.
In witness whereof, I have hereunto set my hand and caused the Seal of
the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida,
the 2nd day of May, Two Thousand and six.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
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lII.-ANNOUNCEMENTS & PRESENTATIONS
CITY OF BOYNTON BEACH Item C.I.b
AGENDA ITEM REQUEST FOR.u
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!. Dates in to City Clerk's Office Meetinl!. Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
[gj May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 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 [gj Presentation
0 City Manager's Report
RECOMMENDATION: Present Proclamation
EXPLANATION: National Nurses Week begins each year on May 6th and ends on May 12th, Florence Nightingale's
birthday. Each of American Nursing Association's state and territorial nurses associations promotes the nursing profession at
the state and regional levels. Each conducts celebrations on these dates to recognize the contributions that nurses and nursing
make to the community. "Nurses: Strength, Commitment, Compassion" is the theme for 2006.
PROGRAM IMPACT: Presenting this Proclamation will heighten public awareness of the important contributions this
profession makes to the quality of life.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
-(J~~~ ~~~.
Depa nt H 's Signature
~tu"
Public Affairs
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Ct-nt-
Nearly 2.7 million registered nurses in the United States comprise our
nation's largest health care profession. These dedicated women and men
meet the different and emerging health care needs of the American
population in a wide range of settings.
Professional nursing has been demonstrated to be an indispensable
component in the safety and quality of care of hospitalized patients. In
Boynton Beach, the nurses of Bethesda Memorial Hospital are committed to
the promotion of health, the prevention of disease and the delivery of quality
nursing care. While a renewed emphasis on primary and preventive health
care has required the better utilization of all of our nation's registered nursing
resources, Bethesda women and men in nursing have been expanding their
professional health care roles by continually striving to upgrade standards of
care and improve services through practice, education and research.
The demand for registered nursing services is greater than ever because of
the aging of the American population, the continuing expansion of life-
sustaining technology and the explosive growth of home health care services.
This means that more qualified registered nurses are needed to meet the
increasingly complex needs of health care consumers in this community.
Boynton Beach is indeed fortunate to have dedicated nurses utilizing their
knowledge, skills, energy and compassion to improve the quality and
accessibility of health care services for our residents.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as
Mayor of the City of Boynton Beach, Florida, hereby proclaim May 6-12,
2006, as:
Nurses' Week
In recognition of the contributions of the nurses at Bethesda Memorial
Hospital to the health care of our residents.
In witness whereof, I have hereunto set my hand and caused the Seal of the
City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the
2nd day of May, Two Thousand and six.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
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III.-ANNOUNCEMENTS & PRESENTATIONS
CITY OF BOYNTON BEACH Item C.l.c
AGENDA ITEM REQUEST FOR.lu
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April J 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
[8] May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 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 Unfinished Business
[8] Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to approve Proclamation for National Public Works Week - May 21-27,2006.
EXPLANATION:
National Public Works Week is scheduled to occur during the week of May 21-27,2006. This
year's theme is "Public Works: The Heart of Every Community" to show the central part Public
Works plays in the life ofa community.
PROGRAM IMPACT: Opportunity to promote the positive impact of Public Works employees and services to the
community.
FISCAL IMPACT:
N/A
AL TERNA TIVES:
Not to approve the Proclamation.
IU~i;;;t1:6
Department Head's Signature
~
City Manager's Signature
Public Works
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
em<.-
A
WHEREAS, public works services provided in our community are an integral part of our citizens' everyday
lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of
public works systems and programs such as public buildings, streets, solid waste collection, forestry and
grounds, fleet maintenance, water and sewers and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and
services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
construction, is vitally dependent upon the efforts and skill of public works and utilities officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works and utilities
departments is materially influenced by the people's attitude and understanding of the importance of the
work they perform.
WHEREAS, this year's theme, "Public Works: The Heart of Every Community", centers on the
pervasiveness of public works; and.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, hereby proclaim the week of May 21 - 27,2006 as
"NATIONAL PUBLIC WORKS WEEK"
and call upon all citizens and civic organizations to acquaint themselves with the issues involved in
providing our public works and utilities and to recognize the contributions which public works and utilities
officials make every day to our health, safety, comfort, and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach,
Florida, to be affixed at Boynton Beach, Florida, this 2nd day of May, Two Thousand Six.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:\CC\WP\CCAGENDA\Proclamations\Year 2006\Public Works Week.doc
III.-ANNOUNCEMENTS &. PRESENTATIONS
CITY OF BOYNTON BEACH Item C.l.d
AGENDA ITEM REQUEST FOk.LH
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
~ Announcement 0 Presentation
0 City Manager's Report
RECOMMENDA TION:
Reading and presentation of a proclamation for Law Enforcement Appreciation Month May 2006.
EXPLANATION:
Each year the President of the United States issues a nationwide proclamation declaring Mayas Law
Enforcement Appreciation month. During this time we remember those who protect the community and
those who have made the ultimate sacrifice for their fellow man and their profession. The Boynton
Beach Police Department celebrates LEAP with a memorial service which will be held at Intracoastal
Park on 17 May 2006. At that time we will read the proclamation presented by the City Commission to
the members of the police department.
PROGRAM IMPACT:
Increase the pride and moral of members of the department.
FISCAL IMPACT:
None.
AL TERNA TIVES:
None.
~
City Manager's Signature
Kurt Bressner
Police
Department Name
City Attorney I Finance I Human Resources
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
The ideal society is composed of talented and dedicated individuals who are
heroes in various occupations. A balance of commitment to both private and
public interests is essential in promoting the ideal civic environment.
Much can be said about the contributions of most industries. However, we must
pay a tremendous debt of gratitude to the more than 700,000 men and women
who serve our communities as law enforcement officers for the sacrifices they
make so that we might enjoy safer places to live and work.
Each and every day, the threat of personal injury is real for every public safety
officer who is sworn to provide emergency assistance for life threatening
situations. The officers responding have few or no details of the circumstances
they are soon to encounter.
Public expectations are great. Officers are expected to bring order where there
is chaos, security where there is danger, and advice where there is inquiry. All
must be delivered in strict compliance with Statute. It is nearly impossible to
satisfy all these demands and remain the recognized friend.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as
Mayor of the City of Boynton Beach, Florida, hereby proclaim May, 2006 as:
Law Enforcement Appreciation Month
and urge all citizens to reflect on the positive ways in which law enforcement
makes a difference in their lives and appropriately acknowledge that police do
contribute to the security and freedom that we enjoy in America.
In witness whereof, I have hereunto set my hand and caused the Seal of the
City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 2nd
day of May, two thousand and six.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:\CC\WP\CCAGENDA\ProclamationsWear 2006\Law Enforcement Appreciation Month.doc
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III.-ANNOUNCEMENTS & PRESENTATIONS
CITY OF BOYNTON BEACH Item C.l.e
AGENDA ITEM REQUEST FOR.lH
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 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15, 2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
[gI May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 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
[gI Announcement D Presentation
D City Manager's Report
~;,.:-~
RECOMMENDATION:
'~'_"'-l ,-
Proclaim the week of April 30 through May 6,2006 as "Municipal Clerks Week";-~.'~
i..,';J
EXPLANATION: In 1969, the International Institute of Municipal Clerks (lIMe) initiated MuniciparCler~::'
Week to recognize the important role of Municipal Clerks in local government. Clerks help to administer ~ge lali.fs.::
~nd services that. dire~ly ~f!ect the da~ly lives of our ~itizens. They ar~ dedicated professionals who:~~lay~~~
Instrumental role In maintaining the effiCIency and effectIveness of the public sector. :) ,.- ,C ;>
, 'Co
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES:
The alternative to this recommendation would b 0 not issue this proclamation.
v~
Department Name
City Attorney / Finance / Human Resources
S:\CC\WP\CCAGENDA\Agenda Request Memos\2006\Agenda Item Request - April 30-May 6,2006 - Municipal Clerks Week.dot
~
WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government, exists
hroughout the world; and
WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and
WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the
ocal governing bodies, and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality,
endering equal service to all.
WHEREAS, The Municipal Clerk serves as the information center on functions of local government and
ommunity .
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of
he Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their
tate, province, county, and international professional organizations.
WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal
lerk.
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do recognize the week
f April 30 through May 6, 2006 as
"MUNICIPAL CLERKS WEEK"
nd further extend appreciation to our Municipal Clerk, Janet M. Prainito, and to all Municipal Clerks for the vital services
hey perform and their exemplary dedication to the communities they represent.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton
each, Florida, to be affixed at Boynton Beach, Florida, this 2nd day of May in the Year 2006.
Jerry Taylor, Mayor
City of Boynton Beach
TTEST:
ity Clerk
Corporate Seal)
CITY OF BOYNTON BEACHII~;::~,1ENTS & PRESENTATIONS
AGENDA ITEM REQUEST FO~
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5,2006 (Noon)
[J May 2,2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3,2006 (Noon) -
0 Administrative 0 Development Plans CJl -.
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business -:~~ ~~;~
'___.ri -::-J ......~_~
0 Announcement [J Presentation -- '-'-I(=)
0 City Manager's Report
RECOMMENDATION: Presentation of check in the amount of $7,700 to Ms. Laura Lassman, President and
Founder of Play for P.I.N.K. (P.I.N.K. stands for "Prevention, Immediate Diagnosis, New Technology, Knowledge.")
Play for P.I.N.K. is a not-for-profit 501 (c) (3) charity dedicated to raising funds for breast cancer research.
EXPLANATION: On Saturday, April 1, 2006 The Links at Boynton Beach held its sixth annual golftournament
benefiting breast cancer research. This is our fourth year of being involved with the Play for P .I.N .K. organization
(www.playforpink.org) and we have contributed, through these tournaments, over $28,000.00 for breast cancer
research. This year's event hosted 96 lady golfers, the largest field we have had to date. Through a large grass roots
network of devoted women and men, Play for P.I.N.K. sporting events are now held in nine states across the country
and 100% of all proceeds are donated to The Breast Cancer Research Foundation.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~&~
,/ , Department Head's Signature
~
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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lII.-ANNOUNCEMENTS & PRESENTATIONS
Item C.13
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FOkLn
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May] 5, 2006 (Noon)
0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 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 Unfinished Business
0 Announcement ~ Presentation
0 City Manager's Report
RECOMMENDATION: Approve the 9-30-2005 City of Boynton Beach Annual Financial Report as presented by Mark
Veil from Caler, Donten, Levine, Druker, Porter & Veil.
EXPLANATION: Florida State Statutes require that all governmental agencies have an annual audit completed by an
independent audit firm. This year the annual audit was performed by Caler, Donten, Levine, Druker, Porter & Veil whose
offices are located in West Palm Beach. The audit has been completed and is now being presented to the City Commission
for acceptance. The City has submitted the report to the Government Finance Officers Association's Certificate of
Achievement program. The Finance staff is to be commended for having received GFOA's Certificate of Excellence in
Financial Reporting award for the past 28 consecutive years.
PROGRAM IMPACT: The City remains in stable fmancial condition.
FISCAL IMPACT: Annual fee for audit services was $89,800.
AL TERNA TIVES: None
~l1J
Deparfinent Head's Signature
Financial Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
~
COl\IPHEHENSIVE ANNUAL FINANCIAL REPORT
of the
CITY OF BOYl\TON BEACH" FLORIDA
FOR THE FISCAL YEAH ENDED
SEPTEJ\IBER 30" 200.')
-
~~ a&ard ~7
Prepared by Departnaent 01 Financial Services
William MUlI1.lI1.ert" DireC"-tor of FinanC"-ial Ser'rIC"-es
Mary J\fnnro" Assistant to the Dire(~tor of FinanC"-ial ServiC"-es
City of Boynton Beach
Comprehensive Annual Financial Report
For the Fiscal Year Ended September 30, 2005
Table of Contents
Page
INTRODUCTORY SECTION
Letter of Transmittal
GFOA Certificate of Achievement
Organizational Chart
List of Elected and Appointed Officials
i
v
vi
vii
FINANCIAL SECTION
Independent Auditor's Report
Management's Discussion and Analysis
Basic Financial Statements:
Government-wide Financial Statements:
Statement of Net Assets
Statement of Activities
Fund Financial Statements:
Governmental Funds:
Balance Sheet - Governmental Funds
Reconciliation of the Balance Sheet of Governmental Funds to the
Statement of Net Assets
Statement of Revenues, Expenditures, and Changes in
Fund Balances - Governmental Funds
Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund
Balances of Governmental Funds to the Statement of Activities
Statement of Revenues, Expenditures, and Changes in
Fund Balances - Budget and Actual- General Fund
Proprietary Funds:
Statement of Net Assets - Proprietary Funds
Statement of Revenues, Expenses, and Changes in
Fund Net Assets - Proprietary Funds
Reconciliation of the Enterprise Funds Financial Statements to the
Government-Wide Business-Type Activities Financial Statements
Statement of Cash Flows - Proprietary Funds
Fiduciary Funds:
Statement of Fiduciary Net Assets - Pension Trust Funds
Statement of Changes in Fiduciary Net Assets - Pension Trust Funds
Notes to the Financial Statements
Required Supplementary Information - Pension Trust Funds:
Schedules of Funding Progress
General Employees' Pension Fund Schedule of Contributions from Employer
for the Last Three Years
1-2
3-13
14
15-16
17
18
19
20
21-22
23
24
25
26
27
28
29-58
59
59
City of Boynton Beach
Table of Contents (continued)
FINANCIAL SECTION--CONTINUED
Statement of Revenues, Expenditures, and Changes in
Fund Balances - Budget and Actual- Capital Improvements Fund
Combining and Individual Fund Statements and Schedules:
Nonmajor Governmental Funds:
Combining Balance Sheet
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances
Schedules of Revenue, Expenditures, and Changes in Fund Balance
Budget and Actual:
Promissory Note Debt Service Fund
2004 Public Service Tax Debt Service Fund
Fire Rescue Capital Improvement Fund
Local Option Gas Tax Fund
Community Improvements Fund
Recreation Program Fund
Boynton Beach Memorial Park Fund
Nonmajor Enterprise Funds:
Combining Statement of Net Assets
Combining Statement of Revenues, Expenses, and Changes in Net Assets
Combining Statement of Cash Flows
Internal Service Funds:
Combining Statement of Net Assets
Combining Statement of Revenues, Expenses, and Changes in Net Assets
Combining Statement of Cash Flows
Pension Trust Funds:
Combining Statement of Fiduciary Net Assets
Combining Statement of Changes in Fiduciary Net Assets
STATISTICAL SECTION
General Fund Revenue by Source and Other Financing Sources-Budgetary Basis
General Fund Expenditures by Function and Other Financing Uses-Budgetary Basis
Property Tax Levies and Collections
Assessed and Estimated Actual Value of Taxable Property
Property Tax Rates-All Direct and Overlapping Governments
Ratio of Net General Bonded Debt to Assessed Value and Net Bonded Debt Per Capita
Computation of Direct and Overlapping General Obligation Debt
Computation of Legal Debt Margin
Ratio of Annual Debt Service Requirements for General Obligation and Bonded Debt to
Total General Fund Expenditures-Budgetary Basis
Schedule of Water and Sewer Revenue Bond Debt Service Coverage
Property Value and Construction
Principal Taxpayers
Demographic Statistics
Miscellaneous Statistical Data
Page
60
61
62-63
64-65 .,<'
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84-85
86-87
88-89
90-91
92
93
94
95
96
97
98
99
100
101-102
City of Boynton Beach
Table of Contents (continued)
Page
COMPLIANCE SECTION
Independent Auditor's Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance with Government Auditing Standards
Independent Auditor's Report on Compliance Applicable to Each Major Federal
Program and State Project and Internal Control Over Compliance
Schedule of Expenditures of Federal Awards and State Financial Assistance
Notes to Schedule of Expenditures of Federal Awards and
State Financial Assistance
Schedule of Findings and Questioned Costs
Management Letter
City Management's Response to the Management Letter
103-104
105-106
107-108
109
110-111
112-115
116
INTRODUCTORY SECTION
(0
eity ~r t ~)'Dt~D t e,ch, tl~rld,
City Hall- 100 East Boynton Beach Boulevard, Phone: (561) 742-6311
Boynton Beach, Fl 33435 Internet: www.boynton-beoch.org
March 24, 2006
The Honorable Mayor,
Members of the City Commission,
Citizens of the City of Boynton Beach, Florida
The Financial Services Department is pleased to submit the Comprehensive Annual Financial
Report {CAFR} of the City of Boynton Beach, Florida for the fiscal year ended September 30,
2005. The report fulfills the requirements set forth in Chapter 166.241 of the Florida Statutes and
the Rules of the Florida Auditor General, Chapter 10.550. In addition to meeting legal
requirements, the report continues to present the City's tradition of full financial disclosure.
This philosophy is demonstrated by the informative financial analysis provided and the exhibits
and statistical tables included herein.
To the best of our knowledge and belief the data, as presented, is accurate in all material
respects; the information is presented in a manner designed to fairly present the financial
position and results of operations of the City; and all disclosures necessary to enable the reader
to gain an understanding of the City's financial activity have been included. Responsibility for
both the accuracy of the presented data and the completeness and fairness of the
presentation, including all disclosures, rests with the management of the City.
Caler, Donten, Levine, Druker, Porter, & Veil, P.A., Certified Public Accountants, have issued an
unqualified ("clean") opinion on the City of Boynton Beach's financial statements for the year
ended September 30, 2005. The independent auditor's report is located at the front of the
financial section of this report.
Management's discussion and analysis (MD&A) immediately follows the independent auditor's
report and provides a narrative, overview, and analysis of the basic financial statements.
MD&A complement this letter of transmittal and should be read in conjunction with it.
The CAFR's role is to assist in making economic, social and political decisions and to assist in
assessing accountability to the citizenry by:
.:. comparing actual financial results with the legally adopted budget, where
appropriate;
.:. assessing fiooncial condition and results of operations;
.:. assisting in determining compliance with finance related laws, rules and regulations;
and
.:. assisting in evaluating the efficiency and effectiveness of City operations
The CAFR is presented in four parts to facilitate understanding by the non-financially oriented
user as well as to provide all necessary information for the most sophisticated financial
observer.
The Introductory Section is designed to introduce the reader to the City and summarize the
financial story told in the financial statements, schedules, notes and statistical tables. The
transmittal letter discusses significant aspects of financial operations during the year and
capsulizes financial prospects for the future. This section includes the transmittal letter, a list of
principal officials and the city's organizational chart.
,;-,~
The Financial Section includes the independent auditor's report, Management's Discussion and
Analysis (MD&A), basic financial statements and the related notes to the financial statements.
The basic financial statements and notes are designed to provide an overview of the City's
financial position and results of operations. The remainder of this section presents the
combining statements, individual fund statements and schedules focusing on each individual
fund and other required supplementary information.
The Statistical Section contains a number of tables and other data designed to depict
historical, social, economic, and financial trends and give an overall view of the fiscal capacity
of the City.
The Compliance Section contains data required by the State of Florida and the Federal Single
Audit Act.
THE CITY
Boynton Beach, Florida's Gateway to the Gulfstream, is a coastal city located in southem Palm
Beach County. Major Nathan S. Boynton, a native of Michigan founded the City. In 1895
Major Boynton enlisted several workmen from his native Michigan to move their families to
Boynton Beach. With other settlers, the early years of our City were spent building a town,
raising vegetables to supply their needs as well as the guests of the new Boynton Beach Hotel.
Boynton Beach is a year-round community that offers a full complement of recreational,
entertainment, shopping and dining opportunities. Easily accessible by road, rail, sea and air,
Boynton Beach is a city of neighborhoods with much to offer residents, visitors and businesses.
Boynton Beach is the county's third largest city and is a great place to live, work, play and
learn.
The City, incorporated in 1920, derives its governmental authority from a charter granted by
the legislature of the State of Florida. The City operates under a Commission/Manager form of
government. Four Commissioners are elected by district for a three-year term. A Mayor is
elected at large on a non-partisan basis for a three-year term. The City Commission appoints
the City Manager who is the Chief Administrative Officer of the City and directs the business of
the City and its various departments. The City Commission determines policy, adopts
legislation, approves the City's budget, sets taxes and fees and appoints the City Attorney and
members of the various boards.
The City of Boynton Beach provides a full range of municipal services. The public safety
program includes police, fire protection and rescue services; the City's extensive recreation
program includes beaches, a poo!' golf course, a library, tennis courts, neighborhood parks
and boat ramps; the Municipal Services Department provides essential street and highway
maintenance, sanitation and other technical assistance to the City; and the utility Services
Department provides water, sewer and stormwater services. The City's Development
Department administers the City's Community Development Block Grant and the Section 8
Housing Assistance Grant as well as building inspection, planning & zoning and occupational
Il
licenses. The City Hall in the Mall, located in the major shopping mall on the western border,
offers citizens the opportunity to pay utility bills and to sign up for recreational programs without
traveling to City Hall.
ECONOMIC CONDITIONS AND OUTLOOK
Greater Boynton Beach today is enjoying a renaissance that will reshape the fast-growing
community for yeors to come. Already the third largest city in Palm Beach County, Boynton
Beach is benefiting from civic initiatives and a growing inflow of private investment. With
numerous private and public projects planned or already underway, Boynton Beach will be
completely transformed in the next few years.
New commercial and residential developments are planned or under construction along
Federal Highway (US. 1) and the Intracoastal Waterway, in the heart of Boynton Beach and in
the fast-growing western corridor along Congress A venue and Gateway Boulevard. The long
awaited downtown waterfront Marina Village project is finally under construction, where two
15 story buildings and one seven story building connected by a parking garage will contain
338 residential units and over 17,000 square feet of commercial space. The Arches, which is
also slated for construction in the downtown area, will include residential, retail and office
space. These downtown private projects will be complimented by the City's Boynton Beach
Boulevard Extension and Riverwalk projects, which will extend Boynton Beach Boulevard to the
Intracoastal Waterway and provide a vehicular and pedestrian gateway to the entire Marina
Area. This access will provide the community with an events and festival area and also provide
access to Boynton's largest preserve of mature mangroves, ensuring the preservation of over
40 acres of natural resources with open space for future generations. Finally, the construction
of a major mixed-use development, Renaissance Commons, has begun along Congress
A venue on an 86-acre tract of land. This project includes over 1,300 residential units and
almost 44,000 square feet of commercial space.
The median household income based on the 2000 Census was $39,845 and the median age
was 41 .8 years.
The City has maintained its high level of service while lowering the ad valorem tax rate to the
current $7.50 per $1,000 of taxable value.
MAJOR INITIATIVES
Projects continuing:
.:. Finalize construction on a new fire station to replace the existing station in the southwest
quadrant of the City.
.:. Construction of the Library Expansion Project, which is expected to be completed by
the fall of 2006.
.:. Finalize Phase III improvements to the Senior Citizen Center.
.:. Continue stormwater projects.
Projects for the future: '
.:. Begin construction on a meeting/clubhouse facility at Intracoastal Park. This will be an
all-purpose facility overlooking the intracoastal waterway. Residents will be able to
lease the facility for private functions.
.:. Design a Public Safety Center to be located in the northeast quadrant of the City.
.:. Expansion of the West Water Treatment Plant.
III
.:. Implementation of a plan of action to replace lost wellfield capacity due to withdrawal
restrictions from the surtical aquifer in the City's eastern wellfield and refurbishment of
the East Water Plant facilities.
.:. Begin upgrades to the City pool located in the Wilson Center Complex.
.:. Construct a replacement Community Center at Wilson Center Complex. This park is
located in the northeast quadrant of the City.
.:. Reconstruct the boardwalk at the City's Ocean Front Park.
.:. Design of a "Boundless Playground and Park" at the Congress Avenue Community
Park.
.:. Construct a park in the Southeast quadrant of the City.
AWARDS AND ACKNOWLEDGEMENTS
The Government Finance Officers Association of the United States and Canada (GFOA)
awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of
Boynton Beach for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
September 30, 2004. This was the 27th consecutive year the City of Boynton Beach has
received the award. The Certificate of Achievement is the highest form of recognition for
excellence in state and local governmental financial reporting.
In order to be awarded a Certificate of Achievement, a governmental unit must publish an
easily readable and efficiently organized comprehensive annual financial report, whose
contents conform to program standards. Such comprehensive annual financial reports must
satisfy accounting principles generally accepted in the United States of America.
A Certificate of Achievement is valid for a period of one year only. We believe our current
report continues to conform to Certificate of Achievement Program requirements, and we are
submitting it to the GFOA.
The preparation and issuance of this report represents countless hours of work. Many
individuals of the Financial Services Department are responsible for its completion. The highest
appreciation is extended to the employees who daily maintain the financial records upon
which this report is based.
Special thanks must be given to Mary Munro for her dedication In the coordination and
completion of this document.
I wish to take this opportunity to thank you and the citizens of Boynton Beach for the vital role
you play in enabling the City to achieve and maintain this high degree of fiscal responsibility.
R peeltully SUb~
William Mummert
Director of Financial Services
IV
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Boynton Beach,
Florida
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
September 30. 2004
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government Wlits and public employee retirement
systems whose comprehensive annual fmancial
reports (CAFRs) achieve the highest
standards in government accounting
and fmancial reporting.
~tff
President
~~~
Executive Director
v
CITY OF BOYNTON BEACH, FLORIDA
.
ORGANIZATIONAL CHART
City Commission
Advisory Boards
Advisory Brd on
Bldg Brd of Adju
Appeals
Cemetery Boord
Code Complian
CRA
Community Rela
Education Advis
Golf Course Adv
Library Board
Nuisance Abate
Planning & Deve
Recreation & Pa
Senior Advisory
Employees' Pen
Firefighters' Pen
Police Officer's
City Manager
Children & Youth I
stment & --
Public Affairs
Director of Public Affairs/Special
ce Board Events
tions Board I
ory Board
isory Board Facility & Construction Asst. City Manager
menf Board Services
lopment Board Utility Services
rks Boord - Public Works -Drinking Water
Boord -Engineering Services
sion Plan Board -Facilities Management - -Stormwater
sian -Fleet Maintenance -Waste Water
Retirement -Forest & Grounds
Maintenance -1 Golf Course
Asst. City Manager I -Solid Waste
-Street Maintenance
Economic Develop.
Financial Services
Administrative Services
City Clerk '--- Finance Administration
Communications -Budget
Human Resources -Audit
I. T.S./G.1.S. -Procurement
Organizational/ -Warehouse
Strategic /Professional
Development Public Safety - Function Areas in Bold Type
Risk Mgmt -
Grants Team Police - Italics indicates Departments
H.O.B. Redevelopment -Code Compliance
Neighborhood Services -Animal Control
Fire/EMS
Comm.jLeisure Services - Deportment of Development
Ubrary Building
Recreation & Parks Occupational Licensing
-Park Planning Planning & Zoning
-Park Maintenance Community Development
-Recreation Programs
City Attorney
VI
CITY OF BOYNTON BEACH, FLORIDA
List of Elected and Appointed Officials
September 30, 2005
Elected Officials
Mayor
Vice-Mayor
Commissioner
Commissioner
Commissioner
Jerry Taylor
Mack McCray
Mike Ferguson
Carl McKoy
Bob Ensler
Appointed Officials
Kurt Bressner
Wilfred Hawkins
Janet Prainito
William Mummert
William Bingham
Matthew Immler
James Cheraf
Quintus Green
Jeff Livergood
Sharon Goebelt
City Manager
Assistant City Manager
City Clerk
Dir. of Financial Services
Fire Chief
Police Chief
City Attorney
Dir. of Development
Dir. of Public Works
Dir. of Human Resources
Vll
FINANCIAL SECTION
...1111 1
-
CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.
CERTIFIED PUBLIC ACCOUNTANTS
WlLUAM K. CALER. JR., CPA
LOmS M. COHEN, CPA
DAVID S. OONTEN, CPA
SCOIT D. DRUKER, CPA, 10
JAMES B. HlffCHISON, CPA
JOEL H. LEVINE, CPA
JAMES F. MUll.EN, IV, CPA
mOMAS A. PENCE, JR., CPA
SCOTT L. PORTER, CPA
MARK D. VEIL, CPA
505 SOUTH A..AGLER DRIVE, SUITE 900
WEST PALM BEACH. FL 33401-5948
MEMBERS
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
TELEPHONE (561) 832-9292
FAX (561) 832-9455
A..ORIDA INS11TIJTE OF
CERTIAED PUBLIC ACCOUNTANTS
info@cdlcpa.com
Independent Auditor's Report
The Honorable Mayor and
City Commission
City of Boynton Beach, Florida
We have audited the accompanying financial statements of the governmental activities, the business-type
activities, the discretely presented component unit, each major fund and the aggregate remaining fund
information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2005, which
collectively comprise the City's basic financial statements as listed in the table of contents. These financial
statements are the responsibility of the management of the City of Boynton Beach, Florida. Our
responsibility is to express opinions on these financial statements based on our audit. We did not audit
the financial statements of the Community Redevelopment Agency, the discretely presented component
unit of the City, and the Municipal Police Officers' Retirement Fund and the Firefighters' Pension Fund,
two fiduciary funds of the City, which together represent 53% and 55%, respectively, of the total assets
and total additions of the Fiduciary Funds of the City. Those financial statements were audited by other
auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the
amounts included for the Community Redevelopment Agency, the Municipal Police Officers' Retirement
Fund and the Firefighters' Pension Fund, is based solely on the reports of the other auditors.
We conducted our audit in accordance with us. generally accepted auditing standards and the standards
applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller
General of the United States. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material misstatement. An audit
includes consideration of internal control over financial reporting as a basis for designing audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on
the effectiveness of the City's internal control over financial reporting. Accordingly, we express no such
opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements, assessing the accounting principles used and significant estimates
made by management, as well as evaluating the overall financial statement presentation. We believe that
our audit provides a reasonable basis for our opinions.
In our opinion, based on our audit and the reports of other auditors, the financial statements referred to
above present fairly, in all material respects, the respective financial position of the governmental
activities, the business-type activities, the discretely presented component unit, each major fund and the
aggregate remaining fund information of the City of Boynton Beach, Florida, as of September 30, 2005,
and the respective changes in financial position and cash flows, where applicable, thereof and the
budgetary comparison for the general fund for the year then ended in conformity with U.s. generally
accepted accounting principles.
In accordance with Government Auditing Standards, we have also issued our report dated March 17, 2006
on our consideration of the internal control over financial reporting of the City of Boynton Beach, Florida,
and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant
agreements and other matters. The purpose of that report is to describe the scope of our testing of
internal control over financial reporting and compliance and the results of that testing, and not to provide
an opinion on the internal control over financial reporting or on compliance. That report is an integral
part of an audit performed in accordance with Gauernment Auditing Standards and should be considered
in assessing the results of our audit.
'""!'
The management's discussion and analysis and the schedules of funding progress for the pension plans and the
schedule of contributions for the general employees' pension fund on pages 3 through 13 and page 59,
respectively, are not a required part of the basic financial statements, but are supplementary information
required by u.s. generally accepted accounting principles. We have applied cerfain limited procedures,
which consisted principally of inquiries of management regarding the methods of measurement and
presentation of the required supplementary information. However, we did not audit the information and
express no opinion on it.
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the basic financial statements of the City of Boynton Beach, Florida. The introductory section,
the combining and individual fund financial statements and schedules and the statistical section listed in
the table of contents are presented for purposes of additional analysis and are not a required part of the
basic financial statements of the City of Boynton Beach, Florida. The accompanying Schedule of
Expenditures of Federal A wards and State Financial Assistance is presented for purposes of additional
analysis as required by U.s. Office of Management and Budget Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations, and Chapter 10.550, Rules of the Auditor General, and is also
not a required part of the basic financial statements of the City of Boynton Beach, Florida. The combining
and individual fund financial statements and schedules and the Schedule of Expenditures of Federal
Awards and State Financial Assistance have been subjected to the auditing procedures applied in the
audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in
relation to the basic financial statements taken as a whole. The introductory section and statistical section
have not been subjected to the auditing procedures applied in the audit of the basic financial statements
and, accordingly, we express no opinion on them.
~I ~I ~I
~I p~ ~ Vd, ~A.
March 17, 2006
2
Management's Discussion and Analysis
As management of the City of Boynton Beach (the City), we offer readers of the City's
financial statements this narrative overview and analysis of the financial activities of the City for
the fiscal year ended September 30, 2005. We encourage readers to consider the information
presented here in conjunction with additional information that we have furnished in our letter
of transmittal, which can be found on pages i - iv of this report.
Financial Highlights
.:. The assets of the City exceeded its liabilities at the close of the most recent fiscal year
by $259,895,790. (net assets). Of this amount, $99,866,323 (unrestricted net assets) may
be used to meet the government's ongoing obligations to citizens and creditors.
.:. The City's total net assets increased by $17,764,086. Approximately 92% of this increase
is attributable to governmental activities and the remaining 8% to business-type
activities.
.:. At the close of the current fiscal year, the City's governmental funds reported
combined ending fund balances of $49,300,711, an increase of $9,355,545 in
comparison with the prior year. Almost this entire total arnount, $49,254,306 is available
for spending at the government's discretion (unreserved fund balance).
.:. At the end of the current fiscal year, unreserved fund balance for the general fund was
$20,999,341 or 40% of total general fund expenditures and other financing uses. Of this
balance, $7,694.459 was designated for specific purposes/projects, subsequent years
expenditures and emergencies, with $13,304,882 available for new spending. The City
established an ordinance requiring 10% of the subsequent year's budgeted
expenditures be designated for emergencies. This designation of fund balance
accounts for $6,242,285 of the $7,694.459 of unreserved designated fund balance.
.:. The City's total debt decreased by $3,872,380 (5%) during the current fiscal year. The
City issued $13,220,000 of Water and Sewer utility Refunding Bonds, Series 2005 for the
purpose of refunding the outstanding Water and Sewer utility Revenue Bonds, Series
1996 maturing on and offer November 1, 2007 in the amount of $14,080,000.
Overview of the Financial statements
This discussion and analysis are intended to serve as an introduction to the City's basic
financial statements. The City's basic financial statements comprise three components: 1)
government-wide financial statements, 2) fund financial statements, and 3) notes to the
financial statements. This report also contains other supplementary information in addition
to the basic financial statements themselves.
Government-wide financial statements. The government-wide financial statements are
designed to provide readers with a broad overview of the City's finances, in a manner
similar to a private-sector business.
The Statement of Net Assets presents information on all of the City's assets and liabilities,
with the difference between the two reported as net assets. Over time, increases or
decreases in net assets may serve as a useful indicator of whether the financial position of
the City is improvin~ or deteriorating.
The Statement of Activities presents information showing how the City's net assets changed
during the most recent fiscal year. All changes in net assets are reported as soon as the
underlying event giving rise to the change occurs, regardless of the timing of related cash
flows. Thus, revenues and expenses are reported in this statement for some items that will
only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but
unused vacation leave).
3
Both of the government-wide financial statements distinguish functions of the City that are
principally supported by taxes and intergovernmental revenues (governmental activities)
from other functions that are intended to recover all or a significant portion of their costs
through user fees and charges (business-type activities). The governmental activities of the
City include general government, public safety, public works, economic environment, and
culture and recreation. The business-type activities of the City include the Water and
Sewer Fund, the Boynton Beach Recreational Facilities Fund, the Sanitation Fund and the
Mass Transit Fund.
'1
Both of the government-wide financial statements include not only the City itself (known os
the primary government), but also a legally separate Community Redevelopment Agency
for which the City is financially accountable. Financial information for this component unit
is reported separately from the financial information presented for the primary government
itself.
:'>~
:,,'
The government wide financial statements can be found on pages 14 through 16 of this
report.
Fund financial statements. A fund is a grouping of related accounts that is used to
maintain control over resources that have been segregated for specific activities or
objectives. Except for the General Fund, separate funds are established to maintain
control over resources that have been segregated for specific activities or objectives. The
City, like other state and local governments, uses fund accounting to ensure and
demonstrate compliance with finance-related legal requirements. All of the funds of the
City can be divided into three categories: governmental funds, proprietary funds, and
fiduciary (pension) funds.
Governmental funds. Governmental funds are used to account for essentially the same
functions reported as governmental activities in the government-wide financial statements.
However, unlike the government-wide financial statements, governmental fund financial
statements focus on near-term inflows and outflows of spendable resources, as well as on
balances of spendable resources available at the end of the fiscal year. Such information
may be useful in evaluating a government's near-term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide
financial statements, it is useful to compare the information presented for governmental
funds with similar information presented for governmental activities in the government-wide
financial statements. By doing so, readers may better understand the long-term impact of
the government's near-term financing decisions. Both the governmental fund balance
sheet and the governmental fund statement of revenues, expenditures, and changes in
fund balances provide a reconciliation to facilitate this comparison between
governmental funds and governmental activities.
The City maintains thirteen individual governmental funds. Information is presented
separately in the governmental fund balance sheet and in the governmental fund
statement of revenues, expenditures, and changes in fund balances for the general fund
and capital improvements fund, which are considered to be major funds. Data from the
other eleven governmental funds are combined into a single, aggregated presenfation.
Individual fund data for each of these non major governmental funds is provided in the
form of combining statements elsewhere in this report.
The City adopts an annual appropriated budget for certain governmental funds. A
budgetary comparison statement has been provided for the general fund to demonstrate
compliance with this budget.
4
The basic governmental fund financial statements can be found on pages 17 through 22 of
this report.
Proprietary funds. The City maintains two different types of proprietary funds. Enterprise
funds are used to report for business-type activities that charge fees Jo customers for the
use of specific goods or services. These statements are prepared on an accounting basis
that is similar to the basis used to prepare the government-wide financial statements. The
City uses enterprise funds to account for its water and sewer utility system, the municipal
golf course, the sanitation operations and the mass transit system. Internal service funds
are an accounting device used to accumulate and allocate costs internally among the
City's various functions. The City uses internal service funds to account for its fleet of
vehicles, its self-insurance activities, and its warehouse operations. Because these services
predominantly benefit governmental rather than business-type functions, they have been
included within the governmental activities in the government-wide financial statements.
Proprietary fund financial statements provide the same type of information as the
government-wide financial statements, only in more detail. The proprietary fund financial
statements provide separate information for the water and sewer utility system and for the
sanitation operations, both of which are considered to be major funds of the City.
Conversely, the three internal service funds are combined into a single, aggregated
presentation in the proprietary fund financial statements. Individual fund data for the
non major enterprise funds and the individual internal service funds are provided in the form
of combining statements elsewhere in this report.
The City's proprietary fund financial statements can be found on pages 23 through 26 of
this report.
Fiduciary Funds. Fiduciary funds are used to account for resources held for the benefit of
parties outside the government. Fiduciary funds are not reflected in the government-wide
financial statements because the resources of those funds are not available to support the
City's own programs. The accounting used for fiduciary funds is much like that used for
proprietary funds.
The City's Fiduciary Fund financial statements can be found on pages 27 and 28.
Notes to the financial statements. The notes provide additional information that is essential
to a full understanding of the data provided in the government-wide and fund financial
statements.
The notes to the financial statements can be found on pages 29 through 58 of this report.
other information. In addition to the basic financial statements and accompanying notes,
this report also presents certain required supplementary information concerning the City's
progress in funding its obligation to provide pension benefits to its employees. Required
supplementary information can be found on page 59 of this report.
5
Government-wide Financial Analysis
Net Assets. As noted earlier, net assets may serve over time as a useful indicator of 0
government's financial position. In the case of the City, assets exceeded liabilities by
$260,117,174 at the close of the most recent fiscal year.
City of Boynton Beach
Net Assets
(in thousands)
Governmental Business-type
activities activities Total
2005 2004 2005 2004 2005 2004
Current and other assets $ 70,569 $ 55,886 $ 92,355 $ 99,005 $ 162,924 $ 154,891
Capital assets 44,447 42,300 132,039 127,408 176,486 169.108
Total assets 115,016 98,186 224,394 226,413 339,410 324,599
Long-term liabilities
outstandinQ 22,495 23,897 39,440 42,771 61,935 66,668
Other liabilities 10,046 8,141 7,534 7,658 17,580 15,799
T otalliabilities 32,541 32,038 46,974 50,429 79,515 82,467
Net assets:
Invested in capital assets,
net of related debt 34,635 30.161 92,487 84.168 127,122 115,529
Restricted 32,907 37,272 32,907 37,272
Unrestricted 47,840 35,387 52,026 53,944 99,866 89,331
Total net assets $ 82,475 $ 66,148 $177,420 $175,984 $259,895 $242,132
A significant portion of the City's net assets (49%) reflects its investment in capital assets
(e.g., land, buildings, machinery, and equipment), less any related debt that is still
outstanding. The City uses these capital assets to provide services to citizens; consequently,
these assets are not available for future spending. Although the City's investment in its
capital assets is reported net of related debt, it should be noted that the resources needed
to repay this debt must be provided from other sources, since the capital assets themselves
cannot be used to liquidate these liabilities.
An additional portion of the City's net assets (13%) represents resources that are subject to
external restrictions on how they rnay be used. The remaining balance of unrestricted net
assets ($99,866,323) may be used to meet the City's ongoing obligations to citizens and
creditors.
A t the end of the current fiscal year, the City is able to report positive balances in all three
categories of net assets, both for the government as a whole, as well as for its separate
governmental and business-type activities.
There was a decrease of $4,365.132 in restricted net assets reported in connection with the
City's business-type activities. The decrease resulted from the removal of restrictions on
certain assets associated with revenue bonds that were refunded during the current fiscal
year.
6
Governmental activities. Governmental activities increased the City's net assets by
$16,548,437 thereby accounting for 92% of the total growth in the net assets of the Cify.
Key elements of this increase are as follows:
City of Boynton Beach
Change in Net Assets
(in thousands)
Governmental Business-type
activities activities Total
2005 2004 2005 2004 2005 2004
Revenues:
ProQram revenues:
Charaes for services $ 18,634 $ 16.563 $36,756 $35.853 $ 55.390 $ 52,416
Operating arants and contributions 3.831 4.503 203 805 4.034 5,308
Capital granfs and contributions 4,464 1,022 5,422 5,160 9.886 6,182
Change in value of joint venture 159 18981 159 (898)
General revenues:
Property taxes 24,331 22,996 24,331 22,996
Other taxes 17,153 15.344 17.153 15,344
Of her 3,582 2,464 1.646 1.255 5,228 3,719
Total revenues $ 7l,995 $ 62.892 $ 44.186 $ 42,175 $ 116.181 $ 105,067
Expenses:
General Qovernment 14.510 13,681 14,510 13.681
Public safely 34.981 32,919 34.981 32.919
Public works 1.265 1,350 1,265 1,350
Economic environment 1,555 1,668 1,555 1,668
Culture and recreation 8.576 9.329 8,576 9.329
Interest on lona-term debt 723 654 723 654
Water and sewer fund 27,288 26,7 69 27,288 26,769
Sanitation fund 6,925 7,322 6,925 7,322
Other enterprise funds 2,595 2.637 2,595 2,637
Total expenses $ 61,610 $ 59,601 $ 36,808 $ 36,728 $ 98,4 18 $ 96.329
Increase in net assets before transfers 10.385 3,291 7.378 5,447 17,763 8,738
Transfers 5.942 4,561 {5,9421 {4,5611
Increase in net assets 16.327 7.852 1,436 886 17,763 8,738
Net assets of beQinnina of year 66.148 58.296 175.984 175.098 242,132 233,394
Net assets at end of year $ 82,475 $ 66.148 177,420 175,984 $ 259.895 $ 242.132
~ Property taxes increased by $1,335,055 (6%) as a result of increased growth in the tax
base, which is attributable to building growth as well as increases in property values.
~ Investment earnings increased over 83% as a result of increases in cash reserves and the
escalation in interest rates during the year.
~ Charges for services, fees, fines and forfeitures increased $2,071,674 (l2%) as a result of
increases in building permits and fees and fire service fees, which increased due to
additional services being provided to local governmental entities.
~ Capital grants and contributions for governmental activities increased by $3,442,140
(436%) primarily as a result of two significant grants for the purchase of Jaycee Park that
totaled over $2.7 million dollars.
For fhe most part, increases in expenses closely paralleled inflation and growth in the
demand for services. Expenses increased $2,009,485 or 3%.
7
Expenses by Source - Governmental Activities
Public safety, 56.78%
Interest on long-term
debt,1.18%
Culture & recreation.
13.92%
. Public works, 2.05%
General government,
23.55%
**************************************************************************************
Revenues by Source - Governmental Activities
Other, 4.97%
Charges for services,
25.88%
Operating grants, 5.32%
Properly taxes, 33.80%
8
Business-type activities. Business-type activities increased the City's net assets by
$1,437,033, thereby accounting for 8% of the total growth in the net assets of the City.
);> Charges for services for business-type activities increased by 2.52%, with the Sanitation
Fund accounting for all of this increase. Revenues from rolloff dumpsters increased as a
result of the demand created by the cleanup from the 2004 hurricanes.
);> Investment eamings increased 18% as a result of the escalation in interest rates during
the year.
Expenses by Source - Business-type Activities
Other enterprise funds, Interest on long-term
7.05% debt,6.43%
**************************************************************************************
Revenues by Source - Business-type Activities
Other, 3.73%
9
Financial Analysis of the City of Boynton Beach's Funds
As noted earlier, the City uses fund accounting to ensure and demonstrate compliance
with finance-related legal requirements.
Governmental funds. The fund financial statements for the nonmajor governmental funds
are provided on pages 62 through 72. The focus of the Cify's governmental funds is to
provide information on near-term inflows, outflows, and balances of spendable resources.
Such information is useful in assessing the City's financing requirements. In particulor,
unreserved fund balance may serve as a useful measure of a government's net resources
available for spending at the end of the fiscal year.
":>:
As of the end of the current fiscal year, the City's governmental funds reported combined
ending fund balances of $49,300,711, an increase of $9,355,545, in comparison with the
prior year. Almost the entire amount of the combined ending fund balances ($49,254,306)
constitutes unreserved fund balance, which is available for spending at the government's
discretion. Approximately 62% of this amount ($30,390,536) constitutes unreserved
designated fund balance, which is an indication of the government's intended use of a
portion of the unreserved fund balance. The remaining amount of fund balance ($46,405)
is reserved to indicate that it is not available for new spending because it has already been
committed for a variety of other restricted purposes.
The general fund is the chief operating fund of the City. At the end of the current fiscal
year, unreserved fund balance of the general fund was $20,999,341, while the total fund
balance reached $21,039,554. Of the unreserved fund balance of the general fund, 1)
$1,389,039 was designated for subsequent years expenditures (included in the 2005-2006
budget), 2) $63,135 was designated for specific purposes and projects, 3) $6,242,285 was
designated for emergency, as per City ordinance and 4) $13,304,882 was available for new
spending. As a measure of the general fund's liquidity, it may be useful to compare both
unreserved fund balance and total fund balance to total fund expenditures. Unreserved
fund balance represents 40% of total general fund expenditures, while total fund balance
represents 40%, as well, of that same amount. Reserved fund balance totaled $40213.
The fund balance of the City's general fund increased by $5,123,205 during the fiscal year.
This is to be compared with a budgeted decrease of $1,658,400. Key factors in the
$6,781,605 positive difference between actual and budgeted are as follows:
.:. T ax revenues were lower than anticipated
.:. Licenses and permit revenues were higher than anticipated as
a result of continued development and growth
.:. Intergovernmental revenues were higher than anticipated as
a result of reimbursements for 2004 hurricanes
.:. Interest revenue was higher than anticipated
.:. Charges for services & other revenues were greater than anticipated
.:. Total revenues were higher than anticipated by
.:. General government expenditures were lower than anticipated
.:. Public safety expenditures were lower than anticipated
.:. Culture and recreation expenditures were lower than anticipated
.:. Other departmental expenditures were lower than anticipated
.:. Total departmental expenditures were lower than anticipated by
.:. Net other financing sources were higher than budgeted
Total difference in net change in fund balance between
Budget and actual
10
$ (70,000)
3,187,000
809,000
204,000
585,000
4 ,715,000
1 ,377 ,000
152,000
406,000
114,000
2,049,000
18,000
$ 6.782.000
The capital improvements fund has a total fund balance of $15,190,469, all of which is
designated for specific purposes and future projects. The fire rescue capital improvements
fund, which accounts for revenues from a special fire assessment levy designated for the
construction of future fire stations and associated staffing, has a total fund balance of
$2,258,985. The City's two debt services funds have a combined total fund balance of
$1,240,055, all of which is designated for the payment of debt service.
Proprietary funds. The City's proprietary funds provide the same type of information found
in the govemment-wide financial statements, but in more detail.
Unrestricted net assets of the water and sewer fund amounted to $54,808,548, those for the
municipal golf course amounted to $706,226, the sanitation fund amounted to $799,521,
and the mass transit fund at the end of the year amounted to, and $83,195. The total
growth in net assets for these funds was $2,503,971, $41,529, $451,563, and $38,129
respectively. Other factors conceming the finances of these funds have already been
addressed in the discussion of the City's business-type activities.
General Fund Budgetary Highlights
Total expenditures approved for the 2004/05 budget totaled $52,655,955. No increases in
total appropriations occurred during the fiscal year, resulting in a final budget that equaled
the original budget. However, several budgetary transfers were made between
departments and can be summarized as follows:
Budget
City manager
City hall general administrative
Planning and zoning
Occupational licenses
Original
$ 471,085
2,562,127
773,7 42
201,926
$ 4,008,880
Final
$ 471,425
2,561,787
770,492
205,176
$ 4,008,880
Increase
(Decrease)
$ 340
(340)
(3,250)
3,250
$ 0
Transfers between various divisions of a department do not require commission approval.
Capital Asset and Debt Administration
Capital assets. The City's investment in capital assets for its governmental and business-
type activities as of September 30, 2005, amounts to $176,486,128 (net of accumulated
depreciation). This investment in capital assets includes land, buildings, improvements,
machinery and equipment, park facilities, and streets (with the exception of certain
infrastructure of the governmental activities acquired prior to October 1, 2002, which is not
reported). GASB Statement No. 34 requires infrastructure acquired prior to October 1,2002
to be reported by the fiscal year ending September 30, 2007. The total increase in the
City's investment in capital assets for the current fiscal year was four percent fa five
percent increase for governmental activities and a three and one-half percent increase for
business- type activities).
Major capital assefevents during the current fiscal year included the following:
.:. The purchase of land for Wilson Center Park - $537,500.
.:. Finalize construction for Fire Station #4, opened August 2005 - $1,530,900.
.:. Construction costs for phase III renovations of the Senior Center - $434,600.
.:. Begin construction of Library Expansion Project - $934,900.
.:. Begin construction for Fire Station #2 - $821,500.
11
city of Boynton Beach
Capitol Assets
Inet of depreciation in thousands)
Governmental Business-type
Activities Activities Totol
2005 2004 2005 2004 2005 2004
Land $ 13,829 $ 13,292 $ 4,159 $ 4,159 $ 17,988 $ 17,451
Buildinqs and improvements 12,019 13,391 45,687 54,472 57,706 67,863
Machinery and equipment 10,363 11,623 8,139 7,037 18,502 18,660
Utility lines and wells 65,162 57,427 65,162 57,427
Infrastructure 1,683 1,673 1,683 1,673
Construction in proQress 6,553 2,321 8,892 4,313 15,445 6,634
Total $ 44,447 $ 42,300 $ 132,039 $ 127,408 $ 176,486 $ 169,708
Additional information on the City's capital assets can be found in Note 3 on pages 44 to
46 of this report.
Long-term debt. At the end of the current fiscal year, the City had total debt outstanding
of $58,280,852. Of this amount $1,207,364 is a general obligation note payable. The
remainder of the debt, $57,073.488, represents bonds secured solely by specified revenue
sources l1.e., revenue bonds).
City of Boynton Beach
Bonded Debt and Note Payable
(in thousands)
Governmentol Business-type
Activities Activities Total
2005 2004 2005 2004 2005 2004
Revenue bonds $ 17,523 $ 18,171 $ 39,551 $ 42,640 $ 57,074 $ 60,811
Note payable 1,207 2,097 1,207 2,097
Total bonds and note $ 18,730 $ 20,268 $ 39,551 $ 42,640 $ 58,281 $ 62,908
The City's bonded debt and note payable decreased by $4,626,892, or 8% during the
current year. The decrease is due to scheduled principal payments on the outstanding
debt, all of which were made when due, as well of the City's issuance, in August 2005, of
$13,220,000 of new Water and Sewer Utility Revenue Refunding Bonds, Series 2005, which
were used to refund $14,080,000 of outstanding Series 1996 Utility System Revenue Bonds
maturing on and after November 1 , 2007.
All bonds of the City maintain a "AAA" rating from Standard & Poor's and a "Aaa" from
Moody's Investors Services, Inc.
Additional information on the City's long-term debt can be found in Note 3 on pages 47 to
52 of this report.
12
Economic Factors and Next Year's Budgets and Rates
.:. Based on information obtained from the U.S. Department of LaQor, Bureau of Labor
Statistics, the national unemployment rate at the end of 2005 stood at 4.9% compared
to 5.4% at the end of 2004. Comparing very favorably to that is the unemployment rate
for Palm Beach County, which was 4.0% at the end of 2005 compared to 4.6% for the
same period in 2004. The State of Florida was at 304% at the end of 2005 and 4.3% in
2004.
.:. Inflationary trends in the region on average for fiscal year 2005 were substantially the
same as similar national indices ILe. Consumer Price Index).
All of these factors were considered in preparing the City's budget for the 200512006 fiscal
year.
During the current fiscal year, unreserved fund balance in the General Fund increased to
$21 million. The City has appropriated $104 million of this amount for spending in the
2005/2006 fiscal year budget.
Requests for Information
This financial report is designed to provide a general overview of the City's finances for all
those with an interest in the government's finances. Questions concerning any of the
information provided in this report or requests for additional information should be
addressed to the:
Office of the Director of Financial Services
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Phone: (561) 742-6310
William Mummert, Direct r of Financial Services
City of Boynton Beach, Florida
13
~r$
BASIC FINANCIAL STATEMENTS
City of Boynton Beach, Florida
Statement of Net Assets
September 30, 2005
Component
Primary Government Unit
Community
Governmental Business-type Redevelopment
Activities Activities Total Agency
ASSETS
Pooled cash and investments $ 61,267.812 $ 38,433.535 $ 99.701,347 $ 20,400,555
Receivables, net 704,048 2,379,978 3,084,026 2,860
Due from component unit 1,702,284 1,702,284
Due from other governments 1,069,139 1,069,139
Internal balances 4,371,104 (4,371,104)
Prepaid items 91,634 7,686 99,320 2,186
Inventories 797,235 41,946 839,181
Net pension asset 311,762 311,762
Investment in joint venture 17,391,568 17,391,568
Deferred charges 254,187 467,222 721,409 319,699
Restricted assets - pooled cash and investments 38.004,911 38,004,911
Capital assets not being depreciated 20,382,471 13,051,572 33,434,043 2,623,913
Capital assets net of accumulated depreciation 24,064,960 118,987,125 143,052,085 143,166
Total assets 115,016,636 224,394,439 339,411,075 23,492,379
LIABILITIES
Accounts payable and accrued liabilities 2,602,761 1,416,581 4,019,342 527,922
Accrued interest payable 306.619 306,619
Refundable deposits 469,428 382,443 851,871
Other payables 824,221 975,405 1,799,626
Due to primary govemment 1,702,284
Unearned revenue 2,473,650 2,473,650
Liabilities payable from restricted assets:
Customer deposits 1,380.247 1,380,247
Bonds payable 1,825,000 1,825.000
Accrued revenue bond interest 694,565 694,565
Other payables 681,373 681,373
Noncurrent liabilities:
Due within one year.
Bonds and notes payable 1.605,113 1,605,113 155,560
Compensated absences 598,149 178.751 776,900
Provision for insurance losses 1,166,041 1,166,041
Due in more than one year:
Bonds and notes payable 17,124,534 37,726,205 54,850,739 21,670,213
Compensated absences 4,002,997 1,196,265 5,199,262 18,249
Provision for insurance losses 1,367,810 1,367,810
Other payables 517,127 517,127
Total liabilities 32,541,323 46,973.962 79,515,285 24,074,228
NET ASSETS
Invested in capital assets, net of related debt 34.635,376 92,487,492 127,122,868
Restricted for:
Capital improvements 26,923,951 26,923,951
Revenue bond covenants 5,982,648 5,982,648
Unrestricted (deficit) 47,839,937 52,026,386 99.866,323 (581,849)
Total net assets (deficit) $ 82,475,313 $ 177,420,477 $ 259.895,790 $ (581,849)
The notes to the financial statements are an integral part of this statement
14
Functions/Programs
Primary government:
Governmental activities:
General govemment
Public safety
Public works
Economic environment
Culture and recreation
Interest on long-term debt
Total governmental activities
Business-type activities:
Water and sewer
Sanitation fund
Other enterprise funds
Total business-type activities
Total primary govemment
Component unit
Community redevelopment agency
City of Boynton Beach, Florida
Statement of Activities
For the Year Ended September 30,2005
Expenses
Charges for
Services, Fees
Fines and
Forfeitures
Program Revenues
Operating
Grants and
Contributions
Capital
Grants and
Contributions
$ 14,509.497 $ 9,702,581 $ 84,007 $ 1,717 ,750
34,981,050 6,238,808 2,407,797 8,771
1,265,137
1,555,131 261,922 1,234,878
8,575,927 2,431,092 104,023 2,737,798
723,411
61,610,153 18,634,403 3,830,705 4,464,319
27,287,773 26,709,522 44,490 5,422,358
6,924,912 7,816,257 53,798
2,594,955 2,389,288 104,945
36,807,640 36,915,067 203,233 5.422,358
$ 98,417,793 $ 55,549,470 $ 4,033,938 $ 9,886,677
$ 7,646,497 $ $ $
General Revenues:
Property taxes
Tax increment
Franchise taxes
Public service taxes
Communications services tax
Sales tax
Gas tax
State revenue sharing not restricted to specific programs
Interest
Other
Transfers
Total general revenue and transfers
Change in net assets
Net assets, October 1, 2004
Net assets (deficit), September 30, 2005
15
Net (Expense) Revenue and Change in Net Assets
Primary Government
Component
Unit
Governmental
Activities
Business-type
Activities
Total
Community
Redevelopment
Agency
$ (3,005,159) $ $ (3,005,159) $
(26,325,674) (26,325,674)
( 1,265,137) (1,265,137)
(58,331) (58,331)
(3,303,014) (3,303,014)
(723,411 ) (723,411 )
(34,680,726) (34,680,726)
4,888,597 4,888,597
945,143 945,143
(100,722) (100,722)
5,733,018 5,733.018
(34,680,726) 5,733,018 (28,947,708)
(7,646,497)
24,330,855 24,330.855
3,871,616
3,625,268 3,625,268
4,190,171 4,190,171
2,996,514 2,996,514
5,006,582 5,006,582
1,334,220 1,334,220
2,087,273 2,087,273
1,364.296 1,474,728 2,839,024 576,817
130,658 171,229 301,887
5,941,942 (5,941,942)
51,007,779 (4,295,985) 46,711,794 4,448,433
16,327,053 1,437,033 17,764,086 (3,198,064)
66,148,260 175,983,444 242,131.704 2,616,215
$ 82,475,313 $ 177,420.477 $ 259,895,790 $ (581,849)
The notes to the financial statements are an integral part of this statement
16
City of Boynton Beach, Florida
Balance Sheet
Governmental Funds
September 30, 2005
Capital Other Total
General Improvements Governmental Governmental
Fund Fund Funds Funds
ASSETS
Pooled cash and investments $ 22,943,800 $ 14,271,598 $ 14,541,263 $ 51,756,661
Receivables, net 359,029 300,980 660,009
Due from component unit 24,751 1,677,533 1,702,284
Due from other governments 857,466 211,673 1,069,139
Due from other funds 187,669 187,669
Other receivables 2,740 41,299 44,039
Prepaid items 38,811 6,192 45,003
Inventories 1,402 1,402
Total assets $ 24.227.999 $ 15,949.131 $ 15.289,076 $ 55,466.206
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable $ 524,134 $ 96,271 $ 272,300 $ 892,705
Accrued expenses 1,266,042 51,780 1,317,822
Due to other funds 187,669 187,669
Refundable deposits 466,148 3,280 469,428
Other payables 662,391 161,830 824,221
Unearned revenue 932,121 1,541,529 2,473,650
T otalliabilities 3,188,445 758,662 2,218,388 6,165,495
Fund balances:
Reserved for/reported in:
Prepaid items 38,811 38,811
Inventories 1,402 1,402
Special revenue funds 6,192 6,192
Unreserved, designated for/reported in:
Designated for specific purposes and projects 63,135 15,190,469 15,253,604
Designated for subsequent year's expenditures 1,389,039 1,389,039
Designated for emergency 6,242,285 6,242,285
Capital projects funds 2,258,985 2.258,985
Special revenue funds 4,006,568 4,006.568
Debt service funds 1,240,055 1,240,055
Unreserved, undesignated, reported in'
General fund 13,304,882 13,304,882
Special revenue funds 5,558,888 5,558,888
Total fund balances 21.039.554 15,190.469 13,070,688 49,300,711
Total liabilities and fund balances $ 24.227,999 $ 15.949.131 $ 15,289.076 $ 55,466,206
The notes to the financial statements are an integral part of this statement
17
City of Boynton Beach, Florida
Reconciliation of the Balance Sheet of Governmental Funds
to the Statement of Net Assets
September 30, 2005
Fund balances - total governmental funds
Amounts reported for governmental activities in the statement of net assets
are different because:
Capital assets used in governmental activities are not financial resources
and, therefore, are not reported in the funds.
Net pension assets of defined benefit plans are reported in the statement of
net assets. Because these do not represent available, spendable resources,
they are not reported in governmental funds.
Governmental funds report debt issuance costs as an expenditure when those
costs are first incurred because they require the use of current financial
resources. However, debt issuance costs must be included as a deferred
charge in the government-wide financial statements.
Governmental funds do not report a liability for accrued interest until it is due and
payable. Accrued interest must be reported as a liability in the government-wide
financial statements.
Intemal service funds are used by management to charge the costs
of fleet management, risk management, and the warehouse to individual
funds. The assets and liabilities of the internal service funds are included
in governmental activities in the statement of net assets.
Long-term liabilities, including bonds payable and compensated absences, are
not due and payable in the current period and therefore are not reported
in the governmental funds. At year end these liabilities consisted of:
Bonds and notes payable
Compensated absences
$ (18,729,647)
(4,444,959)
Consolidation adjustment to Enterprise Funds for Internal Service Funds look-back.
Net assets of govemmental activities
The notes to the financial statements are an integral pari of this statement
18
$
49,300,711
39,588,606
311.762
254,187
(306,619)
12,130.168
(23,174,606)
4,371,104
$ 82.475,313
City of Boynton Beach, Florida
Statement of Revenues, Expenditures, and Changes in Fund Balances
Governmental Funds
For the Year Ended September 30, 2005
Capital Other Total
General Improvements Governmental Governmental
Fund Fund Funds Funds
REVENUES
Taxes $ 30,409,751 $ $ 6,067.278 $ 36,477.029
Licenses and permits 8,202,385 8,202,385
Intergovernmental 9,906,955 4,387,100 1,214,416 15,508,471
Charges for services 3,935,738 1.248,641 5.184,379
Special assessments 2,353,373 2,353,373
Fines and forfeitures 290,310 240,877 531,187
Rents and royalties 171,371 171,371
Interest 597,841 186,539 483,697 1,268.077
Donations 1,380.715 1,380,715
Miscellaneous 154,722 442,059 596,781
Total revenues 53,669,073 4,573,639 13,431,056 71.673,768
EXPENDITURES
Current:
General govemment 11,205,003 41,977 726,842 11,973.822
Public safety 31,633,512 11,413 1,717.791 33,362,716
Public works 1,180,291 898 1.181,189
Economic environment 121,256 1,286,795 1,408,051
Culture and recreation 7,031.216 78,682 756.927 7,866,825
Capital outlay 758.857 3,212.237 2,657,658 6.628,752
Debt service:
Principal retirement 1,509,790 1,509.790
Interest charges 778,985 778.985
Total expenditures 51.930,135 3.344.309 9.435,686 64.710.130
Revenues over expenditures 1,738.938 1,229,330 3,995.370 6.963.638
OTHER FINANCING SOURCES (USES)
Transfers in 4,326,800 3.260.865 355.803 7,943.468
Transfers out (942,533) (27.230) (4,581,798) (5,551,561)
Total other financing sources and uses 3,384.267 3,233,635 (4,225.995) 2,391.907
Net change in fund balances 5,123,205 4,462.965 (230.625) 9,355,545
Fund balances, October 1, 2004 15,916,349 10,727,504 13,301.313 39.945,166
Fund balances, September 30,2005 $ 21.039,554 $ 15.190.469 $ 13,070,688 $ 49,300,711
The notes to the financial statements are an integral parl of this statement
19
City of Boynton Beach, Florida
Reconciliation of the Statement of Revenues, Expenditures, and
Changes in Fund Balances of Governmental Funds to the
Statement of Activities
For the Year Ended September 30,2005
Net change in fund balances - Total Governmental Funds
Difference in amounts reported for Governmental Activities in the Statement of Activities:
Capital outlay, reported as expenditures in Governmental Funds, are shown as capital assets
in the Statement of Net Assets.
Depreciation expenses on governmental capital assets included in the Governmental Activities
in the Statement of Activities.
Net cost of capital asset dispositions.
Changes in the net pension asset are reported in the statement of activities, but are not
reported in the governmental funds because they have no effect on current financial resources.
The repayment of the principal of long-term debt consumes financial resources of governmental funds,
however, it does not have any effect on net assets.
Governmental funds report certin debt related iterns as revenues and expenditures
when those items are first incurred because they provide or require the use of current
financial resources. However, these items must be amortized over the life of related
bond issues when reported on the Statement of Activities.
Amortization of debt issuance costs
Amortization of deferred charges on refunding
Amortization of bond premium
$
(18,713)
(27,199)
55,520
Payment of accrued interest is an expenditure in the Govemmental Funds, but is a reduction of
liabilities in the Statement of Net Assets.
Payment of compensated absences is reported as an expenditure in Governmental Funds, but is
a reduction of long-term liabilities in the Statement of Net Assets.
The net revenues of the Intemal Service Funds are reported with Governmental Activities.
Consolidation adjustment to Governmental Activities for Internal Service Funds look-back
Nonoperating revenue
Transfers from Business-type Activities to Intemal Service Funds
Elimination of transfers to Internal Service Funds from Govemmental Activities
Changes in net assets of Governmental Activities
20
The notes to the financial statements are an integral part of this statement
$
9,355,545
6,628,752
(3,367,386)
(6,278)
(105,252)
1,509,790
9,608
27,253
(336,469)
(1,260,041)
321,496
2,616,259
933,776
$ 16,327,053
City of Boynton Beach, Florida
Statement of Revenues, Expenditures, and Changes in Fund Balances _
Budget and Actual - General Fund
For the Year Ended September 30, 2005
Variance with
Final Budget -
Budgeted Amounts Positive
Original Final Actual (Negative)
REVENUES
Taxes $ 30,480,253 $ 30,480,253 $ 30,409,751 $ (70,502)
Licenses and permits 5,015,734 5,015,734 8,202,385 3,186,651
Intergovernmental 7,774,795 7,774,795 8,583,955 809,160
Charges for services 3,564,385 3,564,385 3,935,738 371,353
Fines and forfeitures 235,500 235,500 290,310 54,810
Rents and royalties 120,158 120,158 171,371 51,213
Interest 393,927 393,927 597,841 203,914
Miscellaneous 46,130 46,130 154,722 108,592
Total revenues 47,630,882 47,630,882 52,346,073 4,715,191
EXPENDITURES
General government:
Mayor and commission 539,863 539,863 271,467 268,396
City manager 471,085 471,425 486,337 (14,912)
Public affairs 170,169 170,169 138,388 31,781
Special events 218,564 218,564 166,155 52,409
City clerk 427,133 427,133 406,667 20,466
Financial services 1,053,623 1,053,623 949,708 103,915
Information technology 1,663,998 1,663,998 1,443,697 220,301
Geographical information services 503,598 503,598 422,436 81,162
Human resources 637,054 637,054 631,430 5,624
Professional development 254,708 254,708 193,590 61,118
City attorney 572,259 572,259 524,827 47,432
Planning and zoning 773,742 770,492 717,632 52,860
Facilities management 1,359,630 1,359,630 1,367,438 (7,808)
City hall general administrative 2,562,127 2,561,787 2,151,863 409,924
Communications 1,600,256 1,600,256 1,555,963 44,293
Total general government 12,807,809 12,804,559 11,427,598 1,376,961
Public safety:
Police 16,584,797 16,584,797 16,307,010 277,787
Fire 10,529,132 10,529,132 10,862,713 (333,581 )
Protective inspections 2,618,674 2,618,674 2,441,921 176,753
Occupational licenses 201,926 205,176 194,313 10,863
Code compliance 757,636 757,636 754,450 3,186
Animal control 159,741 159,741 143,028 16,713
Total public safety 30,851,906 30,855,156 30,703,435 151,721
(Continued)
21
City of Boynton Beach, Florida
Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued) -
Budget and Actual - General Fund
For the Year Ended September 30, 2005
Variance with
Final Budget -
Budgeted Amounts Positive
Original Final Actual (Negative)
Public works:
Administration $ 253,171 $ 253,171 $ 259,176 $ (6,005)
Streets maintenance 965,011 965,011 922,270 42,741
Total public works 1,218,182 1,218,182 1,181,446 36,736
Economic environment:
Neighborhood projects 198,480 198,480 121,256 77 ,224
Total economic environment 198,480 198,480 121,256 77 ,224
Culture and recreation:
Library 1,700,266 1,700,266 1,504,122 196,144
Recreation 2,492,770 2,492,770 2,421,686 71,084
Parks 3,386,542 3,386,542 3,247,592 138,950
T olal culture and recreation 7,579,578 7,579,578 7,173,400 406,178
Total expenditures 52,655,955 52,655,955 50,607,135 2,048,820
Revenues over (under) expenditures (5,025,073) (5,025,073) 1,738,938 6,764,011
OTHER FINANCING SOURCES (USES)
Transfers in 4,326,800 4,326,800 4,326,800
Transfers out (960.127) (960,127) (942,533) 17 ,594
Total other financing sources and uses 3,366,673 3,366,673 3,384,267 17,594
Net change in fund balances $ (1,658,400) $ (1,658,400) $ 5,123,205 $ 6,781,605
The notes to the financial statements are an integral part of this statement
22
City of Boynton Beach, Florida
Statement of Net Assets
Proprietary Funds
September 30. 2005
Governmental
Business-Type Activities. Enterprise Funds Activities ~
Other Internal
Waler and Sanitation Enterprise Service
Sewer Fund Fund Funds Tolal Funds
ASSETS
Current assets:
Pooled cash and investments $ 36,788,527 $ 669,711 975,297 $ 38,433,535 9,511,151
Accounts receivable, net 1,676,966 698,036 4,976 2,379,978
Due from other funds 674,753
Prepaid Rems 3,968 3,718 7,686 46,631
Inventories 41,946 41,946 795,833
Restricted pooled cash and investments:
Customer deposits 1,380,247 1,380,247
Revenue bond covenant accounts 9,364,452 9,364,452
Capital improvements 27,031,913 27,031,913
Federal requirement - landfill escrow 228,299 228,299
Total resmcted pooled cash and investments 37,776,612 228,299 38,004,911
Total current assets 76,246,073 1,596,046 1,025,937 78,868,056 11,028,368
Noncurrent assets:
Deferred charges, net 467,222 467,222
Investment in joint venture 17,391,568 17,391,568
Capital assets not being depreciated 11,695,105 1,356,467 13,051,572 33,166
Capital assets net of accumulated depreciation 117,562,371 132,915 1,291,839 118,987,125 4,825,659
Total noncurrent assets 147,116,266 132,915 2,648,306 149,897,487 4,858,825
Total assets 223,362,339 1,728,961 3,674,243 228,765,543 15,887,193
LIABILITIES
Current liabilities:
Accounts payable 780,949 128,459 61,306 970,714 318,779
Accrued expenses 300,587 107,419 37,861 445,867 73,455
Provision for insurance losses, current portion 1,166,041
Contracts payable 975,405 975,405
Refundable deposits 382,443 382,443
Compensated absences payable 117,691 43,205 17 ,855 178.751 20,304
Due to other funds 674,753
2,557,075 279,083 117,022 2,953,180 2,253,332
Current liabilities payable from
restricted assets:
Customer deposits 1,380,247 1,380,247
Revenue bonds, current maturities 1,825,000 1,825,000
Accrued revenue bond interest 694,565 694,565
Contracts payable 107,962 107,962
Arbitrage rebate payable 537,832 537,832
Current portion of landfill postclosure care 35,579 35,579
4,545,606 35,579 4,581,185
Total current liabilities 7,102,681 314,662 117,022 7,534,365 2,253,332
Noncurrent liabilities:
Revenue bonds payable, less current
maturities and unamortized loss on
defeasance, plus unamortized premium 37,726,205 37,726,205
Compensated absences payable 787,628 289,143 119,494 1,196,265 135,883
Provision for tnsurance losses, less current portion 1,367,810
38,513,833 289,143 119,494 38,922,470 1,503,693
Noncurrent liabilities payable from
restricted assets:
Arbitrage rebate payable 324,407 324,407
landfill postclosure care, less current portion 192,720 192,720
T atal noncurrent liabilities 38,838,240 481,863 119,494 39,439,597 1,503,693
T otalliabmties 45,940,921 796,525 236,516 46,973,962 3,757,025
NET ASSETS
Invested in capital assets, net of related debt 89,706,271 132,915 2,648,306 92,487,492 4,858,825
Restricted for:
Capitat improvements 26,923,951 26,923,951
Revenue bonds covenants 5,982,648 5,982,648
Unrestricted 54,808,548 799,521 789,421 56,397,490 7,271,343
Total net assets $ 177,421,418 $ 932,436 $ 3,437,727 $ 181,791,581 $ 12,130,168
The notes to the financial statements are an integral part of this statement
23
City of Boynton Beach, Florida
Statement of Revenues, Expenses and Changes in Fund Net Assets
Proprietary Funds
For the Year Ended September 30,2005
Governmental
Business-Type Activities - Enterprise Funds Activities -
Other Internal
Water and Sanitation Enterprise Service
Sewer Fund Fund Funds Total Funds
Operating revenues:
Charges for services:
Water sales $ 11,562,833 $ $ $ 11,562,833 $
Sewer service 11,766,280 11,766,280
Garbage fees 7,816,257 7,816,257
Stormwater utility fees 3,221.654 3,221,654
Cart and green fees 1,659,695 1,659,695
Dues 175,600 175,600
Transportation fees 11,431 11,431
Other services 542,562 542,562 4,476,841
Total operating revenues 26,550,767 7.816,257 2,389,288 36,756,312 4,476,841
Operating expenses:
Personal services and benefits 8,227,772 2,606,847 1,451,637 12,286.256 1,116,794
Supplies, services and claims 9,507,749 3,272,002 872,759 13,652,510 4,252,621
Depreciation and amortization 6,634,156 34,976 233,253 6,902,385 1,965,626
24,369,677 5,913,825 2,557,649 32,841,151 7,335,041
Operating income (loss) 2,181,090 1,902,432 (168,361) 3,915,161 (2,858,200)
Nonoperating revenues (expenses):
Intergovemmental revenue 44,490 53,798 104,945 203,233
Interest income 1,435,525 10,848 28,355 1,474,728 196,943
Interest expense (2,368,330) (2,368,330)
Change in equity in joint venture 158,755 158,755
Gain on disposal of capital assets 12,238 2,287 14,525 105,829
Miscellaneous income 134,919 2,993 18,792 156,704 18,724
(582,403) 67,639 154,379 (360,385) 321,496
Income (loss) before contributions
and transfers 1,598,687 1,970,071 (13,982) 3,554,776 (2,536,704)
Capital contributions 5,422,358 5,422,358
Transfers:
Transfers in 141,325 7,260 225,900 374,485 3,550,035
Transfers out (4,658,399) (1,525,768) (132,260) (6,316,427)
(4,517,074) (1,518,508) 93,640 (5,941,942) 3,550,035
Change in net assets 2,503,971 451,563 79,658 3,035,192 1,013.331
Net assets, October 1, 2004 174,917,447 480,873 3,358,069 178,756,389 11,116,837
Net assets, September 30, 2005 $ 177,421,418 $ 932,436 $ 3,437,727 $ 181,791,581 $ 12,130,168
The notes to the financial statements are an integral part of this statement
24
City of Boynton Beach, Florida
Reconciliation of the Enterprise Funds Financial Statements
to the Government-Wide Business-Type Activities Financial Statements
As of and For the Year Ended September 30,2005
Reconciliation of the Statement of Net Assets of Enterprise Funds
to the Government-wide Statement of Net Assets
Net assets - Enterprise Funds
Adjustments to reflect the consolidation of internal service fund activities related to enterprise funds
Cumulative prior year adjustments
Current year adjustment
Net assets of Business-type Activities, Statement of Net Assets
Reconciliation of the Statement of Revenues, Expenses, and
Changes in Fund Net Assets of Enterprise Funds to the
Government-Wide Statement of Activities
Change in net assets - Enterprise Funds
Difference in amounts reported for Business-type Activities in the Statement of Activities:
The net revenues of the Internal Service Funds are reported with Governmental Activities.
This is the consolidation adjustment to Enterprise Funds for Internal Service Funds look-back.
Changes in net assets of Business-type Activities
The notes to the financial statements are an integral part of this statement
25
$
181,791,581
(2,772,945)
( 1,598,159)
$ 177,420,477
$
3,035,192
(1,598,159)
$
1,437,033
City of Boynton Beach, Florida
Statement of Cash Flows
Proprietary Funds
For the Year Ended September 3D, 2005
Governmental
Business-Type Activities - Enterprise Funds Activities -
Other Internal
Water and Sanitation Enterprise Service
Sewer Fund Fund Funds Total Funds
Cash Flows From Operating Activities
Receipts from customers and users $ 26,625,165 $ 7,614,946 $ 2,367,629 $ 36,627,762 $
Receipts Irom interfund services provided 4,476,641
Payments to suppliers (7,925,664) (3,505,543) (653,366) (12,264,593) (4,091,470)
Payments to employees (6,211,563) (2,546,523) (1,458,146) (12,216,232) (1,066,364)
Payments lor interlund services used (1,104,152) (957,463) (62,140) (2,143,775)
Net cash provided by (used in) operating activities 9,583,806 605,399 (6,043) 10,183,162 (680,993)
Cash Flows From Noncapital Financing Activities
loans from other funds 29,632
loans to other funds (29,632)
Transfers in 141,325 7,260 225,900 374,465 3,550,035
T ranslers out (4,658,399) (1,525,766) (132,260) (6,316,427)
Subsidy Irom govemmental grant 144,490 663,796 179,945 1,008,233
Net cash provided by (used in) noncapital financing activities (4,372,564) (834,710) 273,585 (4,933,709) 3,550,035
Cash Flows From Capital and Related Financing Activities
Acquisition 01 capital assets (9,226,346) (67,119) (116,061) (9,429,528) (861,258)
Proceeds from sale of capital assets 10,083 2,267 12,370 129,070
Capital contributions 3,348,021 3,346,021
Principal payments on revenue bonds (l,730,OOO) (1,730,000)
Interest payments on revenue bonds (2,559,210) (2,559,210)
Proceeds Irom issuance of revenue bonds 13,220,000 13,220,000
Bond premium from issuance 01 revenue bonds 122,197 122,197
Payment 01 bond issuance costs (240,043) (240,043)
Payments for advanced refunding 01 revenue bonds (14,060,ooo) (14,080,ooo)
loss on early retirement 01 debt (868,250) (668,250)
Other proceeds 451,989 2,993 18,792 473,774 16,724
Net cash (used in) capital and related financing activities (11,571,561) (64,126) (94,962) (11,750,669) (733,464)
Cash Flows From Investing ActIvities
Interest received 1,877 ,690 10,646 26,355 1,917,093 196,943
Proceeds lrom sale of investments 1,000,000 1,000,000
Net cash provided by investing activities 2,677,690 10,648 26,355 2,917 ,093 196,943
Increase (decrease) in cash and cash equivalents (3,462,449) (302,589) 200,915 (3,564,123) 2,332,521
Cash and cash equivalents, October I, 2004 76,047,566 1,200,599 774,362 60,022,569 7,176,630
Cash and cash equivalents, September 30, 2005 S 74,565,139 $ 696,010 $ 975,297 $ 76,436,446 $ 9,511,151
Reconciliation of Operating Income (loss) to Net Cash
Provided by (Used In) Operating Activities:
Operating income (loss) $ 2,161,090 $ 1,902,432 $ (166,361) $ 3,915,161 $ (2,656,200)
Adjustments to reconcile operating income (loss) to
net cash provided by (used in) operating activities:
Depreciation and amortization 6,634,156 34,976 233,253 6,902,365 1,965,626
Provision lor doubtful accounts (21,567) (21,567)
Changes in operating assets and ~abilities:
Accounts receivable 106,966 (201,309) (1,659) (95,962)
Prepaid items (3,240) (527) (3,767) 23,545
Inventories 12,301 12,301 3,796
Accounts payable 234,306 (1,155,445) (74,541) (995,676) 113,625
Contracts payable 246,665 246,665
Accrued expenses 52,369 36,230 570 69,169 40,213
Refundable deposits 79,019 79,019
landfiK postclosure care (35,579) (35,579)
Provision for insurance losses 20,165
Customer deposits 110,000 110,000
Compensated absences payable (36,160) 24,094 (7,079) (19,145) 10,217
Total adjustments 7,402,716 (1,297,033) 162,318 6,266,001 2,177,207
Net cash provided by (used in) operating activities $ 9,583,606 $ 605,399 $ (6.043) $ 10,163,162 $ (680,993)
Noncash investing. capital and financing activities:
Contributions 01 capital assets $ 2,407,337 $ $ $ 2,407,337 S
Change in equity in joint venture 158.755 156,755
Gain on disposal 01 capital assets 12,236 2,267 14,525 105,269
The notes to the financial statements are an integral part of this statement
26
City of Boynton Beach, Florida
Statement of Fiduciary Net Assets
Pension Trust Funds
September 3D, 2005
Total
Pension
Plans
$ 1,369,487
24,540,636
51,930,082
13,534,904
6,672.293
36.458,542
15,207,395
430,003
4,135.670
227,717
154,506,729
190,877
190,877
$ 154,315,852
Assets
Cash and cash equivalents
Investments
U.S. government obligations
Common stocks
Corporate bonds
Mortgage-backed securities
Equity mutual funds
Bond mutual funds
Interest and dividends receivable
Other receivables
Prepaid items
Total assets
liabilities
Accounts payable
T otalliabilities
Net assets held in trust for pension benefits
The notes to the financial statements are an integral part of this statement
27
City of Boynton Beach, Florida
Statement of Changes in Fiduciary Net Assets
Pension Trust Funds
For the Year Ended September 30, 2005
Additions:
Contributions:
Employer
Plan members
State
Total contributions
Investment income:
Net appreciation in the fair value of investments
(realized and unrealized)
Interest and dividends
Miscellaneous
Less investment expenses
Custodian fees
Net investment income
Total additions
Deductions:
Benefits paid
Refunds of contributions
Other operating expenses
Net increase
Net assets held in trust for pension
benefits, October 1, 2004
Net assets held in trust for pension
benefits, September 30,2005
Total
Pension
Plans
$ 5,788,426
3,083,871
1,323,000
10,195,297
11,387,268
3,273,045
50,232
14,710,545
801,540
13,909,005
24,104,302
9,003,069
245,557
262,843
9,511,469
14,592,833
139,723,019
$ 154,315,852
28
The notes to the financial statements are an integral part of this statement
City of Boynton Beach, Florida
Notes to Financial Statements
September 30, 2005
1. Significant Accounting Policies
Reporting Entity
The City of Boynton Beach (the City) is a Florida municipality established in 1920 by the Laws of Florida,
Section 24398, pursuant to the authority provided in Chapter 165, Florida Statutes, and is governed by an
elected five member Commission. It provides a full range of municipal services including public safety,
planning and zoning, sanitation, highways and streets, recreation and park facilities, public improvements,
water and sewer service, and general administration functions.
Under governmental accounting and financial reporting standards, the City's reporting entity consists of
the primary government, organizations for which the primary government is financially accountable and
other organizations for which the nature and significance of their relationship with the primary government
are such that exclusion would cause the City's financial statements to be misleading or incomplete. The
primary government is considered financially accountable if it appoints a voting majority of an
organization's governing body and imposes its will on that organization. The primary government may
also be financially accountable if an organization is fiscally dependent on the primary government
regardless of the authority of the organization's governing board. Legally separate organizations outside
of the primary government which meet the criteria for financial accountability are considered component
units of the reporting entity.
Discretely Presented Component Unit. The Boynton Beach Community Redevelopment Agency (CRA)
was established under the authority of Florida Statute Chapter 163, Part III and City Ordinance number
90-21 to finance and develop certain targeted areas in the City. Because the Mayor and City
Commissioners appoint the governing board of this entity, approve its budget and guarantee its debt, the
City is considered financially accountable for the CRA. The CRA has a September 30 year-end and is
presented as a governmental fund type. The governing board of the CRA is a separate slate of members
appointed by the City Commission. Accordingly, the CRA meets the criteria for discrete presentation. The
CRA issues separate financial statements that can be obtained at their administrative offices, 639 East
Ocean Avenue, Suite 107, Boynton Beach, Florida 33435.
The South Central Regional Wastewater Treatment and Disposal Board (the Board) is a dependent
special district created by the Cities of Boynton Beach and Delray Beach to operate a regional
wastewater treatment facility. The Board's governing body is comprised of the City Commissions of
Boynton Beach and Defray Beach, and control and oversight are exercised equally by both cities. The
Board has been reported as a joint venture using the equity method of accounting as discussed in Note 3.
Government-Wide and Fund Financial Statements
The government-wide financial statements (i.e., the statement of net assets and the statement of
activities) report information on all of the nonfiduciary activities of the City and its component unit. For the
most part, the effect of interfund activity has been removed from these statements. Governmental
activities, which normally are supported by taxes and intergovernmental revenues, are reported
separately from business-type activities, which rely to a significant extent on fees and charges for
support.
The statement of activities qemonstrates the degree to which the direct expenses of a given function or
segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a
specific function or segment. Program revenues include 1) charges to customers or applicants who
purchase, use, or directly benefit from goods, services, or privileges provided by a given function or
segment and 2) grants and contributions that are restricted to meeting the operational or capital
requirements of a particular function or segment. Taxes and other items not properly included among
program revenues are reported instead as general revenues.
29
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
1. Significant Accounting Policies (continued)
Government-Wide and Fund Financial Statements (continued)
Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary
funds, even though the latter are excluded from the government-wide financial statements. Major
individual governmental funds and major individual enterprise funds are reported as separate columns in
the fund financial statements.
Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government-wide financial statements are reported using the economic resources measurement
focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial
statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred,
regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for
which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility
requirements imposed by the provider have been met.
Governmental fund financial statements are reported using the current financial resources measurement
focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both
measurable and available. Revenues are considered to be available when they are collectible within the
current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City
considers revenues to be available if collected within 60 days of the end of the current fiscal year, except
for grant revenue, which is recorded when the related expenditure/expenses are incurred. Expenditures
generally are recorded when a liability is incurred, as under accrual accounting. However, debt service
expenditures, as well as expenditures related to compensated absences and claims and judgments, are
recorded only when payment is due.
Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all
considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal
period. Only the portion of the special assessment receivable due within the current fiscal period is
considered to be susceptible to accrual as revenue of the current fiscal period. All other revenue items
are considered to be measurable and available only when cash is received by the City.
The City reports the following major governmental funds:
The Qeneral fund is the City's primary operating fund. It accounts for all financial resources of the general
government, except those required to be accounted for in another fund.
The capital improvements fund accounts for construction projects related to major improvements to
general city buildings, land for new parks and improvements to streets and sidewalks.
The City reports the following major proprietary funds:
The water and sewer fund accounts for the activities related to providing water, wastewater and
stormwater services to the public.
The sanitation fund accounts for the activities related to providing trash collection and disposal services to
the public.
30
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
1. Significant Accounting Policies (continued)
Measurement Focus, Basis of Accounting and Financial Statement Presentation (continued)
Additionally, the City reports the following fund types:
Internal service funds account for the activities related to providing fleet services, risk management, and
warehouse services to other departments of the City.
Pension trust funds account for the activities of the pension funds which accumulate resources for
pension benefit payments to city employees.
The City maintains its accounting records in accordance with the principles and policies applicable to
governmental units set forth by the Governmental Accounting Standards Board (GASB) as well as
accounting principles promulgated by the American Institute of Certified Public Accountants and the
Financial Accounting Standards Board (FASB), which collectively comprise accounting principles
generally accepted in the United States of America (GAAP) applicable to governments. The enterprise
funds do not apply FASB statements and interpretations issued after November 30, 1989.
As a general rule the effect of interfund activity has been eliminated from the government-wide financial
statements. Exceptions to this general rule are payment-in-Iieu of taxes where the amounts are
reasonably equivalent in value to the interfund services provided and other charges between the City's
water and sewer function and various other functions of the government. Elimination of these charges
would distort the direct costs and program revenues reported for the various functions concerned.
Amounts reported as program revenues include 1) charges to customers or applicants for goods,
services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and
contributions, including special assessments. Internally dedicated resources are reported as general
revenues rather than as program revenues. Likewise, general revenues include all taxes.
Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating
revenues and expenses generally result from providing services and producing and delivering goods in
connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the
water and sewer, sanitation, and other enterprise funds, and of the City's internal service funds are
charges to customers for sales and services. Operating expenses for enterprise funds and internal
service funds include the cost of sales and services, administrative expenses, and depreciation on capital
assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues
and expenses.
When both restricted and unrestricted resources are available for use, it is the City's policy to use
restricted resources first, then unrestricted resources as they are needed.
Cash and Cash Equivalents
Cash and cash equivalents consists of cash on hand and demand deposits with financial institutions,
money market mutual funds and pooled investments with the Florida Municipal Investment Trust, which is
administered by the Florid~ League of Cities, and the Local Government Surplus Funds Trust Fund,
which is administered by the State Board of Administration (SBA). Cash balances and requirements of all
funds are considered in determining the amount to be invested. Interest earned on pooled cash and
investments is allocated to funds based on their average daily cash balances.
31
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
1. Significant Accounting Policies (continued)
Cash and Cash Equivalents (continued)
All deposits with financial institutions were entirely covered by a combination of federal depository
insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions which
comply with the requirements of Florida Statutes and have been designated as a qualified public
depository by the State Treasurer. Qualified public depositories are requireq to pledge collateral to the
State Treasurer with a fair value equal to a percentage of the average daily balance of all government
deposits in excess of any federal deposit insurance. In the event of a default by a qualified public
depository, all claims for government deposits would be satisfied by the State Treasurer from the
proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if
necessary, a pro rata assessment to the other qualified public depositories in the collateral pool.
Accordingly, all deposits with financial institutions are considered fully insured in accordance with the
provisions of GASB Statement NO.3.
The Florida Municipal Investment Trust (the "Trust") is an external investment pool established in 1993
and administered by the Florida League of Cities, Inc. pursuant to the laws of the State of Florida. The
Trust is exempt from registration under the Securities Act of 1933, the Investment Company Act of 1940
and the Florida Securities and Investors Protection Act. Participants in the Trust are limited to
governmental entities in the State of Florida. The Trust operates four portfolios with differing investment
goals. The City invests in the Short Term and Intermediate Term Bond Portfolios designed to provide an
investment horizon and yield greater than that of money market instruments. The Trust has adopted
GASB Statement No. 31 and the fair value of the City's position in the Trust is the same as the fair value
of the Trust shares. The investment in the pool is not evidenced by securities that exist in physical or
book entry form and, accordingly, the investment is not categorized in accordance with the provisions of
GASB Statement NO.3
The Local Government Surplus Funds Trust Fund consists of equity in an external investment pool
administered by the State of Florida pursuant to statutory requirements and operated in a manner
consistent with Securities and Exchange Commission (SEC) Rule 2a7 of the Investment Company Act of
1940. Rule 2a7 allows SEC registered mutual funds to use amortized cost rather than fair value to report
net assets used to compute share prices if certain conditions are met. Those conditions include
restrictions on the types of investments held, restrictions on the term-to-maturity of individual investments
and the dollar-weighted average of the portfolio, requirements for portfolio diversification, requirements for
divestiture considerations in the event of security downgrades and defaults, and required actions if the fair
value of the portfolio deviates from amortized cost by a specific amount. The City's investment in the fund
is not evidenced by securities that exist in physical or book entry form. Accordingly, these investments
are not categorized in accordance with the provisions of GASB Statement NO.3.
The Columbia Money Market Reserve Fund provides daily liquidity and seeks to maintain a constant net
asset value of $1.00 per share. This fund is not insured or guaranteed by the Federal Deposit Insurance
Corporation or any other government agency. However, the fund is rated "Aaa" by Moody's Investor
Service and "AAAm" by Standard & Poor's, and is included on the National Association of Insurance
Commissioners' (NAIC) approved list of money market mutual funds.
For purposes of the statement of cash flows, the City considers all highly liquid investments (including
restricted assets) with an original maturity of three months or less to be cash equivalents.
32
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
1. Significant Accounting Policies (continued)
Investments
For all funds except the pension trust funds, investments consist of U.S. Government and agency
obligations and time deposits. Investments of the pension trust funds consist of money market funds,
equity and bond mutual funds, U.S. Government and agency obligations, corporate bonds, and common
stocks. City and Pension Trust Fund investment policies do not allow investments in derivatives. All
investments are reported at fair value based on quoted market prices. Purchases and sales of
investments are recorded on the trade dates. Net realized gains and losses on sales of investments are
reflected in current operating results as investment earnings. The calculation of realized gains and losses
is separate from the calculation of the net change in the fair value of investments. Realized gains and
losses on investments held at the end of the prior year and sold during the current year include the
change in fair value from the beginning of the year to the date sold.
Prepaid Items
Expenditures/expenses for insurance premiums and other administrative expenses extending over more
than one accounting period are accounted for as prepaid items and allocated between accounting
periods.
Inventories
Inventories are valued at average cost which approximates market. Inventories are accounted for using
the consumption method, whereby inventories are recorded as expenditures in the period when used.
Capital Assets
Capital assets, which include property, plant, equipment, and infrastructure assets are reported in the
applicable governmental or business-type activities columns in the government-wide financial statements.
Capital assets are defined by the City as assets with an initial, individual cost of more than $750 and an
estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated
historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair value at
the date of donation.
The costs of normal maintenance and repairs that do not add to the value of the asset or materially
extend asset lives are not capitalized.
The assets of the proprietary funds are stated at cost or, if donated, fair value at the date of donation.
Expenditures which materially extend the useful life of existing properties are capitalized. All costs relating
to the construction of facilities are capitalized including salaries, employee benefits, and interest costs.
Depreciation on capital assets is computed using the straight-line method over the estimated useful lives
of the related assets which are:
Equipment
Buildings and other improvements
Water/sewer system
Infrastructure
5-12 years
10-40 years
15-50 years
15-50 years
33
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
1. Significant Accounting Policies (continued)
Capital Assets (continued)
Infrastructure assets of the governmental activities acquired since October 1, 2002 are reported in the
government-wide financial statements. Under GASB Statement No. 34, infrastructure assets of the
governmental activities acquired prior to October 1, 2002 are required to be reported. As permitted by
GASB 34, implementation of this provision has been deferred until a future year, but must be completed
by the City's fiscal year ending September 30,2007. Governmental activities infrastructure assets include
roads, bridges, streets and sidewalks, curbs and gutters, lighting systems and similar assets that are
immovable and of value only to the City. The City has historically reported business-type activities
infrastructure assets in a manner consistent with the requirements of GASB Statement No. 34.
Compensated Absences
It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits
in varying amounts based on length of service. Upon termination, employees are paid accumulated
vacation at full rates. Upon termination, employees will be compensated up to a maximum of 50% of
accumulated sick leave, depending on hire date and length of service. Compensated absences are
accrued when incurred in the government-wide and proprietary fund financial statements. A liability for
these amounts is reported in the governmental funds only if they have matured, for example, as a result
of employee resignations and retirements.
Long-Term Obligations
In the government-wide financial statements, and proprietary fund types in the fund financial statements,
long-term debt and other long-term obligations are reported as liabilities in the applicable governmental
activities, business-type activities, or proprietary fund type statement of net assets. Bond premiums and
discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the
effective interest method. Bonds payable are reported net of the applicable bond premium or discount.
Bond issuance costs are reported as deferred charges and amortized over the term of the related debt.
In the fund financial statements, governmental fund types recognize bond premiums and discounts, as
well as bond issuance costs, during the current period. The face amount of debt issued is reported as
other financing sources. Premiums received on debt issuances are reported as other financing sources
while discounts on debt are reported as other financing uses. Issuance costs, whether or not withheld
from the actual debt proceeds received, are reported as debt service expenditures.
On-behalf Payments
The City receives on-behalf payments from the State of Florida to be used for Police Officers and
Firefighters pension benefits. Such payments are recorded as intergovernmental revenue and public
safety expenditures in the GMP basis government-wide and General Fund financial statements, but are
not budgeted and therefore are not included in the General Fund budgetary comparison statement. On-
behalf payments to the City totaled $1,323,000 for the fiscal year ended September 30,2005.
Net Assets
Equity in the government-wide statement of net assets is displayed in three categories: 1) invested in
capital assets net of related debt, 2) restricted, 3) unrestricted. Net assets invested in capital assets net
of related debt consist of capital assets reduced by accumulated depreciation and by any outstanding
debt incurred to acquire, construct, or improve those assets. Net assets are reported as restricted when
there are legal limitations imposed on their use by City legislation or external restrictions by other
governments, creditors, or grantors. Unrestricted net assets consist of all net assets that do not meet the
definition of either of the other two components.
34
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
1. Significant Accounting Policies (continued)
Fund Equity
In the fund financial statements, governmental funds report reservations of fund balance for amounts that
are not available for appropriation or are legally restricted by outside parties for use for a specific
purpose. Unreserved fund balance amounts that are reported as designations of fund balances represent
tentative plans for financial resource utilization in a future period. The following is a description of the
reserves and designations used by the City:
Reserved for Prepaid Items-an account used to segregate a portion of fund balance to indicate that
prepaid items do not represent available, expendable resources even though they are a component of
assets.
Reserved for Inventories-an account used to segregate a portion of fund balance to indicate that
inventories do not represent available, expendable resources even though they are a component of
assets.
Designated for Specific Purposes and Projects-represents a designation of resources to be used for
specific purposes and to provide for the completion of capital and other projects.
Designated for Subsequent Year's Expenditures-represents appropriation of resources for future
operations.
Designated for Emergency-an account used to segregate the portion of fund balance that is designated
for City emergency.
Designated for Debt Service-an account used to segregate the portion of fund balance that is
segregated for the payment of debt service on the City's outstanding debt.
Restricted Net Assets
Net assets of the enterprise funds are restricted for the following:
Capital Improvements-net assets of the Water and Sewer Fund reserved for renewal and replacement
represent the excess of restricted assets required for renewal and replacement over the related liabilities
payable from restricted assets.
Revenue Bond Covenants-net assets of the Water and Sewer Fund reserved for revenue bond debt
service represent the excess of restricted assets required for debt service under bond covenants over the
related liabilities payable from restricted assets.
Revenue Recognition
Ad Valorem Taxes-Ad valorem taxes are assessed as of January 1 and levied the following October.
They are due March 31 and become delinquent on April 1. Delinquent tax certificates are sold on June 1
and become a lien on the property. These taxes are collected by Palm Beach County and remitted to the
City. Revenue is recognized at the time monies are received from Palm Beach County. At September 30,
unpaid delinquent taxes are recorded as a receivable and offset by an allowance for estimated
uncollectibility. .
Other material revenue which is susceptible to accrual includes utilities taxes, franchise taxes, interest
income, state revenue sharing and garbage/trash collection income. Revenue which is not both available
and measurable and is thus not susceptible to accrual includes fines and forfeitures and occupational
licenses. Revenues received in advance of the fiscal year to which they apply are presented as unearned
revenues on the balance sheet.
35
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
1. Significant Accounting Policies (continued)
Grants
Reimbursement-type grants are recorded as intergovernmental receivables and revenue when the related
eligible expenditures/expenses are incurred and the grant conditions for reimbursement are met.
Amortization
For proprietary fund types, bond discounts and premiums are amortized using the interest method.
Deferred issuance costs are amortized using the straight-line method over the term of the respective debt
issues, which approximates the interest method. Losses resulting from the refinancing of proprietary fund
debt are deferred and amortized over the remaining life of the old debt or life of the new debt, whichever
is shorter.
Interfund Transactions
Transactions between funds during the year consisted of loans, services provided, reimbursements or
transfers. Loans are reported in the fund financial statements as Due from Other Funds and Due to Other
Funds as appropriate and are subject to elimination in the government-wide financial statements.
Services, deemed to be reasonably equivalent in value, are treated as revenue and
expenditures/expenses. Reimbursements are when one fund incurs a cost, charges the appropriate
benefiting fund and reduces its related cost as a reimbursement. All other interfund transactions are
presented as transfers. Transfers within the governmental and business-type activities are eliminated in
the government-wide financial statements.
2. Stewardship, Compliance, and Accountability
Concentration of Credit Risk
The City performs ongoing credit evaluations of its customers and generally does not require collateral,
except for customer deposits in the City's Water and Sewer Fund. The City maintains an allowance for
doubtful accounts at a level which management believes is sufficient to cover potential credit losses.
Generally the allowance includes accounts over 90 days past due. Accounts receivable are written off on
an individual basis in the year the City deems them uncollectible.
Use of Estimates
Management uses estimates and assumptions in preparing financial statements in accordance with U.S.
generally accepted accounting principles. Those estimates and assumptions affect the reported amounts
of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and
expenditures. Actual results could vary from the estimates that were used.
Encumbrances
Encumbrance accounting, under which purchase orders, contracts and other commitments for the
expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is
employed as part of the budget accounting system in the general, special revenue and capital projects
funds. The City records encumbrances as an appropriation of fund balance until expended or accrued as
a liability of the fund.
36
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
2. Stewardship, Compliance, and Accountability (continued)
Budgets and the Budgeting Process
The City follows these procedures in establishing the budgetary data reflected in the financial statements:
1) Prior to July 15, the City Manager submits to the City Commission a tentative budget for
consideration and approval. The budget, which is prepared by fund, function and activity, is made
available to the public at this time.
2) Informal budget workshops are held by the City Commission to review the proposed budget and to
obtain public comment.
3) The City advises the Palm Beach County Tax Collector of the proposed millage rate, the rolled-back
millage rate, and the day, time and place of the public hearing for budget acceptance.
4) The public hearing is held to obtain final taxpayer input and to adopt the final budget.
5) The budget and related millage rates are legally enacted through passage of an ordinance.
6) For budgetary purposes, current year encumbrances are treated as expenditures and any
unencumbered budgetary appropriations lapse at fiscal year end.
7) Changes or amendments to the total budgeted expenditures of the City or a department must be
approved by the City Commission. There were no amendments to total budgeted expenditures and
other financing uses. However, changes within a department which do not affect the total
expenditures may be approved at the administrative level. Legal level of control for appropriations is
exercised at the department (by fund) level.
Appropriated budgets are legally adopted for the General Fund, Local Option Gas Tax Fund, Community
Improvements Fund, Recreation Program Fund, Boynton Beach Memorial Park Fund (special revenue
funds), Promissory Note Debt Service Fund, 2004 Public Service Tax Debt Service Fund (debt service
funds), Capital Improvements Fund, and Fire Rescue Capital Improvement Fund (capital projects funds)
on a modified-accrual basis excluding on-behalf payments from the State for Police Officers and
Firefighters' pension.
As a result, the General Fund revenues and expenditures reported in the Statement of Revenues,
Expenditures and Changes in Fund Balances--Budget and Actual differ from the revenues and
expenditures reported on the GAAP Basis. The differences are reconciled as follows:
General Fund
Budgetary Basis
On-behalf payments for pension benefits
GAAP Basis
Revenues
$52,346,073
1,323,000
$53,669,073
Expenditures
$50,607,135
1,323,000
$51,930,135
A nonappropriated budget is prepared for the Water and Sewer Fund, Recreational Facilities Fund,
Sanitation Fund, Mass Transit Fund, Vehicle Service Fund, Warehouse Fund and Self-Insurance Fund.
The operations of the Grants Fund, SHIP Fund, Parks and Recreation Facilities Fund and Community
Service Fund (special revenue funds) and all fiduciary fund types are nonbudgeted financial activities.
37
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
2. Stewardship, Compliance, and Accountability (continued)
Excess of Expenditures Over Appropriations
For the year ended September 30, 2005, expenditures exceeded appropriations in the following
departments of the General Fund by the indicated amount:
City manager
Facilities management
Fire
Public works administration
Amount
$ 14,912
7,808
333,581
6,005
These over-expenditures were funded by available fund balance.
Deficit Fund Equity
The Grants Fund has an accumulated deficit of $151,950 as of September 30,2005. The deficit was
caused by the allocation of grant interest earnings to the General Fund in previous years. This deficit will
be eliminated through a transfer from the General Fund.
3. Detailed Notes on AI/ Funds
Deposits
In addition to insurance provided by the Federal Depository Insurance Corporation, deposits are held in
banking institutions approved by the State Treasurer of the State of Florida to hold public funds. Under
Florida Statutes Chapter 280, Florida Security for Public Deposits Act, the State Treasurer requires all
Florida qualified public depositories to deposit with the Treasurer or another banking institution eligible
collateral. In the event of failure of a qualified public depository, the remaining public depositories would
be responsible for covering any resulting losses. Accordingly, the City's deposits at year end are
considered to be fully insured or collateralized with securities held by the entity or by its agent in the
entity's name.
Investments
The City adopted an investment policy to establish guidelines for the efficient management of its cash
reserves. Section VI of the investment policy identifies permitted instruments as follows:
a. U.S. Government securities and U.S. Government agency obligations;
b. State Board of Administration Local Government Surplus Funds Trust Fund;
c. Florida Municipal Investment Trust (Florida League of Cities);
d. Certificates of deposit or savings accounts in state-certified qualified public depositories;
e. Repurchase agreements;
f. Money market mutual funds, with portfolios limited to direct obligations of the U.S. Government or any
agency or instrumentality thereof;
g. Commercial paper, of any United States company that is rated at least "P-1" by Moody's and "A-1" by
Standard & Poor's;
h. Corporate notes, issued by corporations organized and operating within the United States or by
depository institutions licensed by the United States that have a long term debt rating, at the time of
purchase, at a minimum "Aa" by Moody's and a minimum rating of "AA" by Standard & Poor's.
38
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 3D, 2005
3. Detailed Notes on All Funds (continued)
Investments (continued)
Investments of the General Employees' Pension Fund are limited to:
a. Direct obligations of the U.S. Government with a maturity of one year or less;
b. Commercial paper, with a maturity of 270 days or less that is rated "Prime 1" by Moody's and "A-1" by
Standard & Poor's;
c. The money market or STIF provided by the Plan's custodian;
d. Bankers Acceptances issued by the largest 50 banks in the United States (in terms of total assets);
e. Corporate bonds, issued by a corporation organized under the laws of the United States, any state or
organized territory of the United States, or the District of Columbia;
f. Mortgage-backed securities, issued, guaranteed, or fully insured by the Government National
Mortgage Association (GNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal
National Mortgage Association (FNMA) or that are rated "Aaa" by Moody's or "AM" by Standard &
Poor's;
g. Common stocks, with investments in stocks of foreign companies limited to 20% (at cost) of the total
investment portfolio, and those stocks publicly traded for less than one year limited to 15% of the
equity portfolio.
Investments of the Police Officers' Pension Fund are limited to:
a. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a
savings and loan association insured by the Saving Insurance Association Insurance Fund which is
administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit
union whose share accounts are insured by the National Credit Union Share Insurance Fund;
b. Obligations issued by the United States Government or obligations guaranteed as to principal and
interest by the government of the United States;
c. Bonds issued by the State of Israel;
d. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized
under the laws of the United States or the District of Columbia provided the corporation is listed on
one or more of the recognized national exchanges or on the National Market System of the NASDAQ
stock market and, in the case of bonds only, the average rating of such investments in bonds shall be
no lower than AA;
e. Real estate investment trusts (REITS);
f. Commingled stock, bond, or money market funds and institutional mutual funds whose investments
are restricted to securities meeting the criteria outlined above.
Investments of the Firefighters' Pension Fund are subject to limitations set forth in Florida Statute Section
215.47 and are limited to:
a. Bonds, notes, or other obligations of the United States or those guaranteed by the United States or
for which the credit of the United States is pledged for the payment of the principal and interest or
dividends thereof;
b. State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by
the full faith and credit of the state;
c. Certificates of deposit or savings accounts in state-certified qualified public depositories;
d. Notes, bonds, or other obligations of agencies of the United States;
e. Bankers Acceptances, which are accepted by a member bank of the Federal Reserve System having
total deposits of not less than $400 million;
f. Commercial paper, of prime quality of the highest letter and numerical rating as provided for by at
least one nationally recognized rating service;
g. Negotiable certificates of deposit by domestic or foreign financial institutions in United States dollars;
39
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Investments (continued)
Investments of the Firefighters' Pension Fund (continued)
h. Securities of, or other interests in any open-end or closed-end management type investment
company or investment trust registered under the Investment Company Act of 1940, provided the
portfolio of such investment company or investment trust is limited to United States Government
obligations and to repurchase agreements fully collateralized by such United States Government
obligations, and provided such investment company or investment trust takes delivery of such
collateral either directly or through an authorized custodian;
A summary of deposits and investments as shown on the statement of net assets and statement of
fiduciary net assets for the City is as follows:
Governmental activities
Business-type activities
Total statement of net assets
Fiduciary
Total deposits and investments
Pooled Cash and Investments
Unrestricted Restricted
$ 61,267,812 $
38,433,535
99,701,347
Cash and Cash
Equivalents Investments
$ $
$ 99,701,347 $ 38,004,911 $
1,369,487 148,343.852
1,369,487 $ 148,343,852
Total
$ 61,267,812
76,438,446
137,706,258
149,713,339
$ 287,419,597
38,004,911
38,004,911
The following matrix presents the components of the City's cash and cash equivalents and investments at
September 30, 2005:
Fair Value
Pooled Cash and Investments
Unrestricted Restricted Pension
Cash and cash equivalents:
Petty Cash $ 4,495 $ $
Deposits with financial institutions 5,567,837 2,201,301 288,777
Total cash and cash equivalents $ 5,572,332 $ 2,201,301 $ 288,777
Investments:
State Treasurer's investment pool $ 42,920,610 $ 11,102,534 $
Florida Municipal Investment
Trust Intermediate Bond Fund 51,208,405 1,825,000
Money market mutual funds 20,376,096 1,080,710
U.S. Government obligations 2,499,980
Pension funds investments
U.S. Government obligations 24,540,636
Common stocks 51,930,082
Corporate bonds 13,534,904
Mortgage-backed securities 6,672,293
Equity mutual funds 36,458,542
Bond mutual funds 15,207,395
Total investments $ 94,129,015 $ 35,803,610 $ 149,424,562
TOTAL $ 99,701,34 7 $ 38,004,911 $ 149,713,339
40
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Investments (continued)
Interest Rate Risk: Interest rate risk is the risk that changes in interest rates will adversely affect the fair
value of an investment in debt securities. Generally, the longer the time to maturity, the greater the
exposure to interest rate risk. The City's investment policy limits the maturities of investments to five
years from the date of purchase, unless the investment can be matched with a specific cash flow.
Average life is used as the maturity for mortgage-backed securities and the intergovernmental pool
investments. The investments in the State Treasurer's investment pool and money market mutual funds
have a weighted average maturity of 90 days or less.
The investment policies of the three pension funds provide no specific limitations on the maturity of
investments, but require the investment portfolios to be structured in a manner as to provide sufficient
liquidity to pay obligations as they come due. To the extent possible, investment maturities will be
matched with known cash needs and anticipated cash-flow requirements.
The table below summarizes the scheduled maturities of fixed income investments at September 30,
2005:
Fair Value of Investment Maturities
Less Than One to Six to More Than
Investment Type One Year Five Years Ten Years Ten Years
Florida Municipal Investment Trust
1-3 yr. High Quality Bond Fund $ $ 53,033,405 $ $
U.S. Government obligations 2,499,980
Pension funds investments
U.S. Government obligations 1,412,052 11,702,694 10,299,978 1,125,912
Corporate bonds 56,273 8,111,780 4,629,051 737,800
Mortgage-backed securities 355,366 2,691,276 963,833 2,661,818
Bond mutual funds 15,207,395
Total $ 4,323,671 $ 90,746,550 $ 15,892,862 $ 4,525,530
The City pension funds' investment in mortgage-backed securities consist of mortgage pass-through
securities based on pools of residential home mortgage loans which are subject to prepayments and
therefore highly sensitive to changes in interest rates.
Credit Risk: Credit risk is the risk that a debt issuer will not fulfill its obligations. The various investment
policies of the City utilize portfolio diversification in order to control this risk as well as limiting investments
to the highest rated securities as rated by nationally recognized statistical rating agencies. The State
Treasurer's investment pool is not rated by a nationally recognized rating agency while the City's
investment in the Florida Municipal Trust High Quality Bond pool is rated AAAN2 by Fitch Rating Agency.
The money market mutual funds are rated AAAm by Standard & Poor's. The Standard & Poor's rating for
the City's other investments at September 30, 2005 are summarized as follows:
Investment Type
U.S. Govemment obligations
Pension funds investments
U.S. Govemment qbligations
Mortgage-backed securities
Corporate bonds
Corporate bonds
Corporate bonds
Bond mutual funds'
Bond mutual funds
Bond mutual funds
Bond mutual funds
Bond mutual funds
Bond mutual funds
Rating
AAA
Fair Value
$ 2.499,980
AAA
AAA
AAA
AA
A
AAA
AA
A
BBB
BB
B
24,540,636
6,672,293
5,271,723
820,976
7,442,205
12,317,990
304,148
912,444
1,216,592
304,148
152,073
'$9,580,659 is U.S. govemment guaranteed obligations
41
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Investments (continued)
Custodial Credit Risk: Custodial credit risk is defined as the risk that the City may not recover cash and
investments held by another party in the event of financial failure. The City investment policy requires
cash and investments to be fully insured or collateralized, or held in independent custodial safekeeping
accounts in the City's name. At September 30, 2005 all investments were insured or collateralized,
except the State Treasurer's investment pool, Florida Municipal Investment Trust 1-3 yr. High Quality
Bond Fund, money market mutual funds and equity and bond mutual funds which are considered
unclassified pursuant to GASB Statement NO.3.
Concentration of Credit Risk: Concentration of credit risk is defined as the risk of loss attributed to the
magnitude of an investment in a single issuer. For all investments of the City, including those in the City's
three pension funds, securities of a single issuer are limited to no more than 5% of the Plan's net assets
invested in common stocks and debt securities.
Receivables
Receivables as of year end for the City's individual major funds and non major funds in the aggregate,
including the applicable allowances for uncollectible accounts are as follows:
Other Other
Capital Governmental Water & Enterprise
General Improvements Funds Sewer Sanitation Funds Total
Taxes $ 405,169 $ $ 261,229 $ $ $ $ 666,398
Accounts 558,542 39,751 1.950,345 959.830 4,935 3,513,403
Due from component unit 24,751 1.677,533 1,702.284
Due from other governments 857,466 211.673 1.069,139
Other 2,740 41.299 38 41 44,118
1,848.668 1,677,533 553,952 1.950,345 959,868 4,976 6,995.342
Less allowances for
uncollectible accounts (604,682) (273,379) (261,832) (1,139.893)
$ 1,243,986 $ 1,677.533 $ 553.952 $ 1,676,966 $ 698.036 $ 4.976 $ 5,855,449
Due from other governments:
Due from Palm Beach County
Due from State of Florida
Due from U. S. Government
$ 192.678
397,417
479,044
$ 1.069,139
As a result of Hurricanes Frances and Jeanne, which hit the City during September 2004, the City
incurred substantial costs to clean up debris from these hurricanes. A significant portion of these costs
were eligible for reimbursement from the state via pass-through funds from the Federal Emergency
Management Agency (FEMA). As of September 30, 2005, the City had received $1,643,409 in
reimbursement for eligible costs from FEMA and the State of Florida. In addition, eligible reimbursements
in the amount of $319,186 were outstanding at September 30, 2005 and are included above as "Due from
other governments". Total clean-up costs for both hurricanes were in excess of $2.5 million.
Restricted Assets
In connection with the ordinances governing the issuance of its revenue bonds, the City is required to
invest and restrict certain amounts for bond requirements and capital improvements of the water and
sewer system. The City is also required to segregate and restrict certain amounts collected for customer
deposits. The amounts restricted at September 30, 2005 are summarized as follows:
42
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Restricted Assets (continued)
Water &
Sewer Sanitation Total
Pooled cash and investments:
Customer deposits $ 1,380,247 $ $ 1,380,247
Revenue bond covenants 9,364,452 9,364,452
Capital improvements 27,031,913 27,031,913
Federal requirements -landfill escrow 228,299 228,299
$ 37,776,612 $ 228,299 $ 38,004,911
Investment in Regional Wastewater Treatment Plant
In 1974, the City joined with the City of Delray Beach to form the South Central Regional Wastewater
Treatment and Disposal Board (the board), a dependent special district. The Board, which is governed by
a body composed of the commission members from each city, oversees the operation of the Regional
Wastewater Treatment Plant which services both cities and surrounding areas. The interlocal agreement
between the City and the City of Delray Beach specifies that the Board has the authority to accept and
disburse funds, transact business and enter into contracts for budgeted items. In addition, the Board has
the authority, subject to approval by a majority vote of each City Commission before becoming effective,
to adopt an annual budget, establish rates and charges for operations, maintenance, expansions and
construction, enter into contracts for non budgeted items and authorize the return of any surplus funds or
levy additional charges for deficits of the Board to the respective cities. No debt has been authorized or
issued by the Board.
Ownership of the Regional Wastewater Treatment Plant is vested proportionately with the cities in
accordance with the capital investments of each city, which to date are approximately 50% each. The
Board charges each city for its share of the Board's operating expenses based on the percentage flow of
wastewater from each city. For the year ended September 30, 2005, the City accounted for approximately
50% of the total wastewater flow treated by the Board, and approximately 50% of the Board's operating
expenses were billed to the City. Each individual city is responsible for setting the rates and collecting
charges for wastewater disposal from customers within its jurisdiction.
The City accounts for its investment in the Board as a joint venture recorded on the equity method of
accounting. At September 30, 2005, the City's 50% equity interest in the net assets of the Board totaled
$16,836,956 plus land purchased by the City in the amount of $554,612 for a total investment of
$17,391,568. This investment has been included in the City's Water and Sewer enterprise fund balance
sheet as Investment in Joint Venture.
At September 30, 2005 the City had a receivable of $677,802 from the Board and a payable to the Board
of $461,616. For the year ended September 30, 2005, the City paid approximately $3.4 million to the
Board for operating expenses, repairs and replacement and capital charges. Each individual city is
responsible for setting the rates and collecting charges for wastewater disposal from customers within its
jurisdiction.
Separate financial statements of the Board can be obtained by contacting the South Central Regional
Wastewater Treatment and Disposal Board, 1801 North Congress Avenue, Delray Beach, FL 33445.
43
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Investment in Regional Wastewater Treatment Plant (continued)
Financial information relating to the Board as of and for the year ended September 30,2005 is as follows:
Net Assets
Current and other assets
Capital assets, net
Total assets
Change in Net Assets
$ 3,817,537
31,645,636
35,463,173
1,676,825
112,437
1,789,262
$ 33,673,911
$ 6,084,760
1,233.547
7,318.307
6,439,258
879,049
72,125
(152,882)
(480,783)
317,509
33.356,402
$ 33.673.911
Current liabilities
Noncurrent liabilities
Total liabilities
Net assets
Charges for services
Capital grants and contributions
Total program revenues
Program expenses
Net program revenues
General revenues
Loss on sale of capital assets
Transfers
Change in net assets
Net assets, October 1, 2004
Net assets, September 30, 2005
Capital Assets
Capital asset activity for the year ended September 30, 2005 was as follows:
Beginning Reclassi- Ending
Balance fications Additions Deletions Balance
Governmental activities:
Non-depreciable assets:
land $ 13.292,022 $ $ 537,425 $ $ 13,829,447
Construction in progress 2,320,925 4,232.099 6,553,024
Total non-depreciable assets 15.612,947 4.769,524 20,382,471
Depreciable assets:
Buildings and improvements 43,010,385 143,825 43,154,210
Machinery, equipment and vehicles 32,295,970 2,359,419 (724,063) 33,931,326
Infrastructure 2,701,493 237,242 2.938,735
Total depreciable assets 78,007,848 2.740,486 (724,063) 80.024,271
less accumulated depreciation:
Buildings and improvements (29,619.278) (1,685,446) 169,791 (31,134,933)
Machinery, equipment and vehicles (20,672,498) (3,420,978) 524,753 (23,568,723)
Infrastructure (1,029,067) (226,588) (1,255,655)
Total accumulated depreciation (51.320,843) (5,333,012) 694.544 (55,959,311 )
Total depreciable assets, net 26,687,005 (2,592,526) (29,519) 24,064,960
Governmental activities capital assets, net $ 42,299,952 $ - $ 2,176,998 $ (29.519) $ 44,447,431
44
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Capital Assets (continued)
Beginning
Balance
Reclassi-
fications
Additions
Deletions
Ending
Balance
Business-type activities:
Non-depreciable assets:
Land $ 4,159,355 $ $ $ $ 4,159,355
Construction in progress 4,313,143 (4,577,254) 9,156,328 8,892,217
Total non-depreciable assets 8,472,498 (4,577,254) 9,156,328 13,051,572
Depreciable assets:
Buildings and improvements 68,101,663 1,860,340 69,962,003
Utility lines 87,993,389 458,435 2,074,340 90,526.164
Wells 12,053,638 338,817 12,392,455
Golf course improvements 2,430,575 19,956 2,450,531
Machinery, equipment and vehicles 23,558,123 1,919,662 253,242 (8,739) 25,722,288
Total depreciable ass~ts 194,137,388 4,577,254 2,347,538 (8,739) 201,053,441
Less accumulated depreciation:
Buildings and improvements (14,169,126) (7,317 ,873) (3,289,656) (24,776,655)
Utility lines (38,200,367) 11,269,578 (1,827,078) (28,757,867)
Wells (4,419,598) (3,951,769) (628,617) (8,999,984)
Golf course improvements (1,891,661) (57,086) (1,948,747)
Machinery, equipment and vehicles (16,519,380) 64 (1,072,486) 8,739 (17,583,063)
Total accumulated depreciation (75,200,132) (6,874,923) 8,739 (82,066,316)
Total depreciable assets, net 118,937,256 4,577.254 (4,527,385) 118,987,125
Business-type activities capital
assets, net $ 127,409,754 $ - $ 4,628,943 $ - $ 132,038,697
Depreciation expense was charged to programs/functions as follows:
Governmental activities:
General government
Public safety
Public works
Culture and recreation
Capital assets of the City's internal service funds are
charged to functions based on their usage of the assets
Total depreciation - governmental activities
$ 2,278,617
333,576
47,015
708,178
1,965,626
$ 5,333,012
$ 6,606,694
34,976
232,094
1,159
$ 6,874,923
Business-type activities:
Water and sewer
Sanitation
Other enterprise funds
Recreational facilities
Mass transit
Total depreciation - business-type activities
45
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Capital Assets (continued)
Beginning
Balance
Reclassi-
fications
Additions
Deletions
Ending
Balance
Component unit activities:
Non-depreciable assets:
Land $ 1,309,378 $ $ 1,314,535 $ $ 2,623,913
Depreciable assets:
Furniture, fixtures and equipment 26,150 135,703 161,853
Total depreciable assets 26,150 135,703 161,853
Less accumulated depreciation:
Furniture, fixtures and equipment (4,950) (13,737) (18,687)
Total accumulated depreciation (4,950) (13,737) (18,687)
Total depreciable assets, net 21,200 121,966 143,166
Component unit activities capital
assets, net $ 1,330,578 $ - $ 1,436,501 $ - $ 2,767,079
Depreciation expense of $13,737 was charged to general government.
Interfund Receivables and Payables
Interfund receivable and payable balances at September 30, 2005 are summarized as follows:
Special Revenue Funds
Grants Fund
SHIP Fund
Internal Service Funds:
Vehicle Service Fund
Warehouse Fund
Interfund
Receivables
$
Interfund
Payables
$
187,669
187,669
674,753
$ 862,422
674,753
$ 862,422
The outstanding balances between funds result mainly from the time lag between the dates that interfund
goods and services are provided or reimbursable expenditures occur and payments between funds are
made.
Interfund Transfers
Transfers Out
General Fund
Capital Improvements Fund
Other Govemmental Funds
Water and Sewer Fund
Sanitation Fund
Other Enterprise Funds
General
Fund
Transfers In
Capital Other Water and Other Intemal
Improvements Govemmental Sewer Sanitation Enterprise Service
Fund Funds Fund Fund Funds Funds
$ $ 17,093 $ $ $ $ 925,440
27,230
3,260,865 311,480 40,217 225,900 8,336
1,656,599
101,108 874,660
7,260 85,000
$ 3,260,865 $ 355,803 $ 141,325 $ 7,260 $ 225,900 $ 3,550,035
Total
$ 942,533
27,230
4,581,798
4,658,399
1,525,768
132,260
$ 11,867,988
$
735,000
3,001,800
550,000
40,000
$ 4,326,800
46
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Interfund Transfers (continued)
Transfers are used to 1) pay the administrative fee charged to the various enterprise funds by the general
fund, 2) fund the internal service funds in excess of the expense for the current period, and 3) move fund
revenues to finance various programs that the government must account for in other funds in accordance
with budgetary authorizations, including amounts provided as subsidies or matching funds for various
grant programs.
Long-Term Debt
Governmental activities:
Promissory note
Public service tax refunding revenue
bonds, Series 2004
Unamortized bond premiums
Unamortized loss on bond refinancing
Total bonds payable
Compensated absences
Insurance claims payable
Beginning
Balance Additions
$ 2,097,154 $
Ending Due Within
Reductions Balance One Year
$ (889,790) $ 1,207,364 $ 500,113
17,540,000 (620.000) 16,920,000 1,105,000
809,661 (55,520) 754,141
(179,057) 27,199 (151,858)
20,267,758 (1,538,111 ) 18,729,647 1,605,113
4,254,460 3,964,160 (3,617,474) 4.601,146 598,149
2,513,666 1,025,154 (1,004,969) 2,533,851 1,166,041
$ 27,035,884 $ 4,989,314 $ (6,160,554) $ 25,864,644 $ 3,369.303
Compensated absences are typically liquidated in the General Fund. Insurance claims liabilities have
typically been liquidated in the Self-Insurance Internal Service Fund. The Self-Insurance Internal Service
Fund mainly serves the governmental funds. Therefore, the long-term liabilities of the fund are included
in the governmental activities.
Promissory Note - On September 15, 2000 the City obtained a promissory note in the amount of
$4,986,434 to refund General Obligation Refunding Bonds, Series 1992. The promissory note is
outstanding at September 30, 2005 in the amount of $1,207,364 and bears interest at a rate of 5.10% per
annum through maturity on September 15, 2010. The general obligation note is payable semi-annually
from ad valorem taxes.
The debt service requirements of the City's promissory note are as follows:
Fiscal Year Ending
September 30
2006
2007
2008
2009
2010
Principal
$ 500,113 $
191,528
199,998
208,272
107,453
$ 1,207,364 $
Interest
51,178 $
33,715
23,773
13,531
2,740
124,937 $
Total
551,291
225,243
223,771
221,803
110,193
1,332,301
The City's legal debt limit on general obligations is based on 10% of total assessed value of real property
and amounted to $471,483,000 at September 30, 2005.
47
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
Public Service Tax Refundinq Revenue Bonds. Series 2004 - On April 29, 2004, the City issued
$17,540,000 of Public Service Tax Refunding Revenue Bonds, Series 2004 for the purpose of advance
refunding the outstanding Public Service Tax Refunding Revenue Bonds, Series 1993 in the amount of
$7,985,000. The Series 2004 Bonds are outstanding at September 30" 2005 in the amount of
$16,920,000 and bear interest at rates ranging from 2.00% to 4.20%. Annual principal payments on
these bonds commenced on November 1, 2004, with the last payment due on November 1, 2018. The
principal and interest on the revenue bonds are payable from public service tax revenues.
The debt service requirements of the City's 2004 public service tax refunding revenue bonds are as
follows:
Fiscal Year Ending
September 30 Principal Interest Total
2006 $ 1,105,000 $ 659,114 $ 1,764,114
2007 1,130,000 632,620 1,762,620
2008 1,155,000 608,326 1,763,326
2009 1,185,000 579,039 1,764,039
2010 1,220,000 544,445 1,764,445
2011-2015 5,700,000 2,030,375 7,730,375
2016-2019 5,425,000 532,383 5,957,383
$ 16,920,000 $ 5.586,302 $ 22,506,302
Business-type activities:
Beginning Ending Due Within
Balance Additions Reductions Balance One Year
Water and sewer utility
revenue bonds:
Series 1996 $ 19,260,000 $ $(15,720,000) $ 3,540,000 $ 1,725,000
Series 2002 24,315,000 (90,000) 24,225,000 100,000
Series 2005 13,220,000 13,220,000
Unamortized bond discount (276,401) 226,244 (50,157)
Unamortized bond premium 511,621 122,197 (42,059) 591,759
Unamortized loss on
bond refinancing (1,170,234) (888,250) 83,087 (1,975,397)
Total bonds payable 42,639,986 12,453,947 (15,542,728) 39,551,205 1,825,000
Compensated absences 1,394,161 885,223 (904,368) 1,375,016 178,751
Other payables 683,752 442,365 (35,579) 1,090,538 573,411
$ 44,717,899 $ 13,781,535 $(16,482,675) $ 42,016,759 $ 2,577,162
Compensated absences are typically liquidated in the Water and Sewer, Sanitation and Other Enterprise
Funds. Other payables include liabilities for landfill and postclosure care costs which are liquidated in the
Sanitation Enterprise Fund and the arbitrage rebate liability which is typically liquidated in the Water and
Sewer Fund.
48
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
The Water and Sewer Utility Revenue Bonds. Series 1996 (Series 1996 Bonds) was originally issued at
$23,070,000 and consist of $3,540,000 current interest bonds maturing from 2006 through 2007. Bonds
due to mature November 1, 2007 through November 1, 2012 totaling $14,080,000 were defeased prior to
maturity with the proceeds derived from the .issuance of new Series 2005. Utility Revenue Refunding
Bonds and certain other funds of the City. The remaining Series 1996 Bonds are funded by the excess of
user charges and investment income over operating expenses, and bear interest at rates ranging from
5.00% to 5.10% per annum.
The debt service requirements of the City's remaining Series 1996 Bonds are as follows:
Fiscal Year Ending
September 30 Principal Interest Total
2006 $ 1,725,000 $ 135,690 $ 1,860,690
2007 1,815,000 46,283 1,861,283
$ 3,540,000 $ 181,973 $ 3,721,973
The Water and Sewer Utility Revenue Refundina Bonds. Series 2002 (Series 2002 Bonds) was originally
issued at $24,400,000 and consist of $24,225,000 current interest bonds maturing from 2006 through
2021. The Series 2002 Bonds are funded by the excess of user charges and investment income over
operating expenses, and bear interest at rates ranging from 5.00% to 5.50% per annum.
The debt service requirements of the City's Series 2002 Bonds are as follows:
Fiscal Year Ending
September 30
2006
2007
2008
2009
2010
2011-2015
2016-2020
2021
Principal
$ 100,000
105,000
110,000
115,000
120,000
5,330,000
14,865,000
3,480,000
$ 24,225,000
Interest
$ 1,315,650
1,310,525
1,305,150
1,299,525
1,293,650
6,123,247
3,086,447
95,700
$ 15,829,894
Total
$ 1 ,415,650
1,415,525
1,415,150
1,414,525
1,413,650
11,453,247
17,951,447
3,575,700
$40,054,894
The Water and Sewer Utility Revenue Refundina Bonds. Series 2005 (Series 2005 Bonds) - On August
25, 2005, the City issued $13,220,000 of Utility System Refunding Revenue Bonds, Series 2005 for the
principal purpose of refunding the City's outstanding Utility System Revenue Bonds, Series 1996
maturing on and after November 1, 2007. A portion of the proceeds derived from the issuance of the
Series 2005 Bonds, and certain other funds of the City, were used for the purpose of defeasing the
Refunded Bonds, which will be irrevocably called for redemption on November 1, 2006 at a redemption
price equal to 102% of the principal amount to be redeemed plus accrued interest. The Series 2005
Bonds were issued at interest rates ranging from 3.25% to 3.75%. Annual principal payments on these
bonds commence on November 1, 2007, with the last payment due on November 1, 2012. The principal
and interest on the revenue bonds are payable from water, sewer and stormwater utility system revenues.
49
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
The reacquisition price of the new bonds exceeded the net carrying amount of the old debt by $888,250.
This amount is being netted against the new debt and amortized over the remaining life of the new debt
issued. The advanced refunding was completed in order to reduce the City's total debt service payments
over the life of the bonds by $533,756 and to obtain an economic gain (diff~rence between the present
value of the old debt and the new debt service payments) of $512,453.
The debt service requirements of the City's Series 2005 Bonds are as follows:
Fiscal Year Ending
September 30 Principal Interest Total
2006 $ $ 316,793 $ 316,793
2007 463,600 463,600
2008 1,900,000 432,725 2,332,725
2009 2,210,000 365,938 2,575,938
2010 2,285,000 290,037 2,575,037
2011-2013 6,825,000 368,775 7,193,775
$ 13,220,000 $ 2,237,868 $15,457,868
Bond Resolution 96-88 of the City requires that net operating revenue (as defined in the resolution) of the
Water and Sewer Fund be sufficient to provide an amount equal to 110% of the current fiscal year's
principal and interest requirements and 100% of all amounts required to meet the current year's reserve
account deposit requirements, and renewal and replacement fund requirements. The City was in
compliance with this requirement for the year ended September 30,2005.
Component unit activities:
Beginning Ending Due Within
Balance Additions Reductions Balance One Year
Promissory note $ 2.616.377 $ $ (145,695) $ 2,470,682 $ 155.560
Tax increment revenue bonds. Series 2004 18.970,000 (375,000) 18.595,000
Unamortized bond premiums 800,096 (40.005) 760,091
Compensated absences payable 14,468 3,781 18,249
$ 2.630,845 $ 19.773,877 $ (560.700) $ 21.844.022 $ 155.560
Promissory Note - Resolution 01-01 dated September 11, 2001 of the CRA Board of Commissioners
authorized the issuance of a promissory note in the principal amount of $3,000,000 payable from tax
increment revenues to finance the cost of various community redevelopment projects. Resolution R01-
261 dated September 19, 2001 of the Boynton Beach City Commission authorized the CRA to issue this
note and authorized the City of Boynton Beach to guaranty the obligations of the CRA under the note.
The promissory note, payable semi-annually, is outstanding at September 30, 2005 in the amount of
$2,470,682 and bears interest at a rate of 6.56% per annum.
50
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
The debt service requirements of the CRA's promissory note are as follows:
Fiscal Year Ending
September 30 Principal Interest Total
2006 $ 155,560 $ 161,738 $ 317 ,298
2007 166,079 151,219 317,298
2008 176,904 140,395 317,299
2009 189,270 128,028 317,298
2010 202,068 115,230 317,298
2011-2015 1,234,415 209,228 1,443,643
2016 346,386 18,165 364,551
$ 2.470,682 $ 924,003 $ 3,394,685
The Tax Increment Revenue Bonds. Series 2004 (Series 2004 Bonds) - Resolution 04-04 dated
December 6, 2004 of the CRA Board of Commissioners authorized the issuance of Tax Increment
Revenue Bonds, Series 2004 in the principal amount of $18,970,000 payable from tax increment
revenues to finance the cost of various community redevelopment projects described in the Agency's
community redevelopment plan. Resolution R04-212 dated December 7,2004 of the Boynton Beach City
Commission authorized the CRA to issue these bonds and authorized the City of Boynton Beach to
guaranty the obligations of the CRA under the bonds. The bonds, due in annual principal installments of
$375,000 to $6,045,000 through October 1, 2024, are outstanding at September 30, 2005 in the amount
of $18,595,000 and bear interest at rates of 3.00% to 5.00%.
The debt service requirements of the CRA's Series 2004 tax increment revenue bonds are as follows:
Fiscal Year Ending
September 30 Principal Interest Total
2006 $ $ 400,619 $ 400,619
2007 585,000 793,925 1,378,925
2008 600,000 779,112 1,379,112
2009 615,000 763,156 1,378,156
2010 635,000 745,175 1,380,175
2011-2015 3,495,000 3,376,844 6,871,844
2016-2020 5,270,000 2,497,931 7,767,931
2021-2025 7,395,000 952,375 8,347,375
$ 18,595,000 $ 10,309,137 $ 28,904,137
Interest Expense
Total interest costs incurred and paid on all City debt for the year ended September 30, 2005 totaled
$3,091,741 and $3,338,197, respectively.
51
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
3. Detailed Notes on All Funds (continued)
Long-Term Debt (continued)
Defeased Bonds
The City defeased certain revenue bonds by placing the proceeds of new bonds in irrevocable trust
accounts to provide for all future debt service payments on the old bonds. Accordingly, the trust account
assets and the liability for the defeased bonds are not included in the City's financial statements. At
September 30, 2005, the principal outstanding but considered extinguished under these funding
arrangements is as follows:
Utilities System Revenue, Series 1990
Utilities System Revenue, Series 1992
Utilities System Revenue, Series 1996
Public Service Tax Revenue, Series 1993
$ 8,151,797
45,285,000
14,080,000
6.440.000
$73.956.797
Conduit Debt Obligation
In December 2002, the City issued $12,320,000 in Multi-Family Housing Mortgage Revenue Bonds (the
Bonds), Series 2002 (Clipper Cove Apartments). The Bonds are limited obligations of the City, issued for
the principal purpose of refunding the 1996 bonds which were issued for the purpose of refinancing a
multi-family housing development, Clipper Cove Apartments (the Project), and payable solely out of funds
to be provided by C/HP Cove, Inc., a Florida not-for-profit corporation whose sole asset is the Project and
whose activities consist solely of operating the Project. Neither the faith and credit nor the taxing power
of the City was pledged for the payment of the Bonds and the enforcement of payments on the Bonds
may be made only against the Project. Accordingly, such obligations are not included within the
accompanying financial statements. The outstanding balance on the Bonds at September 30, 2005 was
$12,320,000.
The Project issued a $12,320,000 promissory note to the City for the Bonds. The City assigned the
promissory note to an independent trustee for administration including all of the City's rights, title and
interest in the note.
4. Other Information
Self-Insurance
The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets;
errors and omissions; injuries to employees; natural disasters; and general and automotive liability. The
City has a Self-Insurance Fund (an Internal Service Fund) to account for future general liability,
automotive liability and workers' compensation claims, and property claims.
The liability for self-insurance claims is accrued in the Self-Insurance Fund as this will be the source of
payment of these claims. Im?urance claim expense is recognized when it is probable that a loss has been
incurred and the amount of the loss can be reasonably estimated, and includes incurred-but-not-reported
claims. The result of the process to estimate the claims liability is not an exact amount as it depends on
many complex factors, such as inflation, changes in legal doctrines, and damage awards. Accordingly,
claims are reevaluated periodically to consider the effects of inflation, recent claim settlement trends
(including frequency and amount of pay-outs), and other economic and social factors. The estimate of
the claims liability also includes amounts for incremental claim adjustment expenses related to specific
claims and other claim adjustment expenses regardless of whether allocated to specific claims.
Estimated recoveries, for example from salvage or subrogation, are another component of the claims
liability estimate.
52
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
4. Other Information
Self-Insurance (continued)
For each of the past three years, there have been no settlements that have exceeded the City's insurance
coverage. The City carries excess coverage insurance policies as follows:
General liability
Automobile liability
Property
Workers compensation
Individual Claims
In Excess of
Per Person Per Occurrence
$100,000 $200,000
$100,000 $200,000
$1,000 to $5,000
$350,000
Maximum
Coverage
$5 million
$2 million
$5 million
$5 million
The City's liability for estimated insurance losses represents the estimated ultimate cost of settling self-
insurance liability claims. The liability for estimated insurance losses was estimated by an outside actuary
using accepted actuarial methods. These methods consider case-basis reserves established by the City,
the rate of loss development on older claims, the effects of incurred-but-not-reported claims and the
effects of inflation and other economic factors to determine ultimate cost.
The City has recorded a liability for estimated insurance losses of $2,533,851. The liability falls within the
actuarially determined range, from an actuarial valuation for all claims based upon the date the loss was
incurred. Due to the long-term nature of many of these claims, the City considers anticipated investment
income in determining the net liability for estimated insurance losses by discounting claims to the
estimated present value. At September 30, 2005, the recorded liability for estimated insurance losses of
$2,533,851 is based on gross claims of $2,667,148 discounted at an assumed rate of return on
investments of 3.0%. The following summarizes the liability for estimated insurance loss activity for the
previous two years:
Beginning of
Fiscal Year
Claims
Expense
Claims
Paid
End of
Fiscal Year
2003-2004
2004-2005
$
2,588,087 $
2,513,666
807,515 $
1,025,154
(881,936) $
(1,004,969)
2.513,666
2,533,851
Landfill Closure Costs
The City owns property that was used prior to 1985 as a landfill. Final closure occurred during 1992 and
the site is now in the postclosure care phase. This postclosure care is mandated by state and federal
laws and regulations and consists of certain maintenance and monitoring functions at the landfill site for
20 years after its closure. The outstanding liability for estimated postclosure care costs of $228,299 at
September 30, 2005 is recorded in the Sanitation Fund. The City maintains a landfill management
escrow account as restricted cash to fund estimated postclosure costs of the landfill. Sufficient funds are
maintained in this interest-bearing escrow account in order to fund the $35,579 estimated postclosure
care costs to be incurred in the subsequent year.
53
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
4. Other Information
Commitments and Contingencies
The City has various tong-term contractual obligations for construction projects on which work has not
been completed. The approximate balances of these contracts and related commitments as of September
30,2005 are as follows:
Capital Other Water and Other
General Improvements Governmental Sewer Enterprise
Fund Fund Funds Fund Funds Total
T olal contract amount $ 61,273 $ 8,135,323 $ 3,050,358 $ 13,562,207 $ 56,158 $ 24,865,319
Interim payments on contracts 2,005,447 1,197,771 2,660,853 5,864,071
Remaining contractual
commitments, September 30, 2005 $ 61.273 $ 6.129.876 $ 1.852,587 $ 10.901,354 $ 56.158 $ 19.001.248
The contractual commitments of the General Fund and Water and Sewer Fund will be paid from operating
funds. The contractual commitments of the Capital Improvements Fund, Other Governmental Funds and
Other Enterprise Funds will be paid from various sources.
The City is the defendant in various lawsuits incurred in the normal course of operations, the ultimate
outcomes of which are not presently determinable. Management and the City's legal counsel believe that
amounts not covered by insurance, if any, resulting from these lawsuits would not materially affect the
financial position of the City.
Amounts received or receivable from grantor agencies are subject to audit and adjustment by those
agencies, principally the federal and state government. Any disallowed claims, including amounts already
collected, may constitute a liability of the applicable funds. The amount, if any, of expenditures that may
be disallowed by the grantor cannot be determined at this time, although the City expects such amounts,
if any, to be immaterial.
Subsequent Event
As a result of Hurricane Wilma, which hit the City on October 23, 2005, the City incurred substantial costs
to clean up debris and repair damages to City facilities. These costs are estimated to be in excess of $6
million. A significant portion of these costs are eligible for reimbursement from the state via pass-through
funds from the Federal Emergency Management Agency (FEMA). The City expects eligible
reimbursements to be 85% or more of the estimated hurricane costs, resulting in an estimated
reimbursement of over $5 million.
Defined Benefit Pension Plans
Description of Plans
The City contributes to three single-employer defined benefit pension plans covering all full-time City
employees.
The General Employees' Pension Fund covers all permanent full-time employees except those covered
by the police and firefighters pension plans. The benefit provisions and all requirements are established
by City Ordinance. Employees become vested after five years of service with the City. There is no
mandatory retirement age. Retirees begin receiving monthly annuity checks the month their retirement
begins and continues until death. Annuities to which retirees are entitled are equal to 3% of their final
average monthly compensation times years of credited service provided the employee has completed at
least 30 full years of credited service at any age; 25 or more years of credited service at age 55 or 5 or
more years of credited service at age 62. Employee contributions are 7% of monthly earnings. The City's
contribution is determined actuarially on an annual basis. For 2005 the annual required contribution was
$2,243,356.
54
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
4. Other Information
Defined Benefit Pension Plans (continued)
General Employees' Pension Fund
Statement of Net Assets
Assets
Cash and cash equivalents
Investments
U.S.govemment obligations
Common stocks
Corporate bonds
Mortgage-backed securities
Equity mutual funds
Interest and dividends receivable
Other receivables
Prepaid items
Total assets
Liabilities
Accounts payable
T otalliabilities
Net assets
Net assets held in trust for pension benefits
General Employees' Pension Fund
Statement of Chanaes in Net Assets
Additions:
Contributions:
Employer
Plan members
Total contributions
Investment income:
Net appreciation in the fair value of
investments (realized and unrealized)
Interest and dividends
Miscellaneous
Less investment expenses
Custodian fees
Net investment income
Total additions
Deductions:
Benefits paid
Refunds of contributions
Other operating expenses
Net Increase
Net assets held in trust for pension
benefits, October 1, 2004
Net assets held in trust for pension
benefits, September 30, 2005
55
$ 242,240
16,215,882
29,293,028
6,211,214
6,672,293
13,647,450
265,480
348,824
225,715
73,122,126
82,925
82,925
$ 73.039.201
$
2,243,356
1,647,332
3,890,688
5,319,019
2,072,970
26,809
7,418,798
335,030
7.083,768
10,974,456
3,771.022
113,944
84,547
3,969,513
7,004,943
66,034,258
$ 73.039.201
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
4. Other Information
Defined Benefit Pension Plans (continued)
The Police Officers' Pension Fund covers all sworn police department employees. Employees are vested
after 10 years of service with the City and are eligible for retirement after 20 years of service regardless of
age. Employees with 10 years of credited service may retire at or after age 50 and receive a reduced
retirement benefit. Monthly annuity checks begin the month an employee retires, and the amount of
annuity to which the retired employee will be entitled will be equal to the number of years of credited
service multiplied by 3% of average final compensation. Employee contributions are 7% of annual
compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the
amount the City receives from the State of Florida. The State of Florida's contributions are pursuant to
Chapter 185 of the Florida Statutes which provides for a premium tax on certain casualty insurance
contracts written on properties within the City. The tax is collected by the State of Florida and remitted to
the City for the Police Officers' Pension Fund. For 2005 the annual required contribution was $2,571,109.
The Firefighters' Pension Fund covers all firefighters and fire department officers. Employees become
vested after 10 years of service with the City and are eligible for retirement after 20 years regardless of
age. Employees with 10 years of credited service may retire at or after age 50 and receive a reduced
retirement benefit. Monthly annuity checks begin the month an employee retires, and the amount of the
annuity to which the retired employee will be entitled will be equal to the number of years of credited
service multiplied by 3% of average final compensation. Employee contributions are 7% of annual
compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the
amount the City receives from the State of Florida. The State of Florida's contributions are pursuant to
Chapter 175 of the Florida Statutes which provides for a premium tax on certain casualty insurance
contracts written on properties within the City. The tax is collected by the State of Florida and remitted to
the City for the Firefighters' Pension Fund. For 2005 the annual required contribution was $1,988,852.
The benefit provisions and all other requirements of the Police Officers' Pension Fund and Firefighters'
Pension Fund are established by City Ordinance and are summarized as follows:
The funding methods and determination of benefits payable are provided in the various acts of the Florida
Legislature, which created the fund, including subsequent amendments thereto. The statutes provide, in
general, that funds are to be accumulated from employee contributions, City contributions, state
appropriations and income from investment of accumulated funds. The act also provides that, should the
accumulated funds at any time be insufficient to meet and pay the benefits due, the City shall supplement
the fund by an appropriation from current funds, or from any revenues which may lawfully be used for
said purposes in an amount sufficient to make up the deficiency. The investments of the funds are
administered, managed and operated by their respective Boards of Trustees.
The City's external auditors did not audit the financial statements of the Police Officers' and Firefighters'
Pension Funds, two fiduciary funds of the City. Other auditors were engaged, who audited stand-alone
financial reports, copies of which can be obtained from the pension boards by calling (561)742-6081 or by
writing to Pension Administrator, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435.
Basis of Accounting - The City's financial statements for the three pension funds are prepared using the
accrual basis of accounting. Employer and plan member contributions are recognized in the period the
contributions are due.
Method Used to Value Investments - Investments in the three plan funds are reported at fair value
according to the independent custodian for each plan using various third-party pricing sources.
56
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30, 2005
4. Other Information
Defined Benefit Pension Plans
Description of Plans (continued)
Actuarial Methods and Significant Assumptions
General Police
Employees' Officers'
Pension Pension
Fund Fund
Firefighters'
Pension
Fund
Remaining amortization period
Asset valuation method
10/1/2004
Entry age
level percent of
payroll, closed
26
Four year
smoothed market
10/1/2004
Frozen entry age
level percent of
payroll, closed
30
Five year
smoothed market
10/1/2004
Entry age normal
level percent of
payroll, closed
30
Five year
smoothed market
Valuation date
Actuarial cost method
Amortization method
Actuarial assumptions:
Investment rate of return
Projected salary increases
Inflation increase
8.0%
4.2%-7.8%
3.5%
8.5%
5.0%-6.5%
4.0%
8.5%
6.5%
4.0%
Trend Data
Contribution Requirements and Contributions Made
Year ended Annual Pension Percentage of Net Pension
September 30 Cost (APC) APC Contributed Obligation (Asset)
General Employees' Pension Fund
2005 $ 2,244,017 100.0% $ (7,214)
2004 $ 1,543,286 100.0% $ (7,875)
2003 $ 1,040,690 99.9% $ (8,587)
Police Officers' Pension Fund
2005 $ 2,574,816 99.9% $ (79,233)
2004 $ 2,348,080 100.6% $ (82,940)
2003 $ 1,933,248 100.9% $ (87,419)
Firefighters' Pension Fund
2005 $ 1,992,451 105.1% $ (225,315)
2004 $ 1,658,807 102.8% $ (124,300)
2003 $ 1,360,466 104.5% $ (77,604)
57
City of Boynton Beach, Florida
Notes to Financial Statements (continued)
September 30,2005
4. Other Information
Defined Benefit Pension Plans
Description of Plans (continued)
The annual pension cost and net pension asset for the Plans for the most recent valuations were as
follows:
General
Employees'
Annual required contribution (ARC) $
Interest on net pension obligation (NPO)
Adjustment to ARC
Annual pension costs (APC)
City/State contributions
Increase (decrease) in net pension assets
Net pension assets, October 1, 2004
Net pension assets, September 30, 2005 $
2,243,356 $
(630)
(1,291 )
2,244,017
2,243,356
(661 )
7,875
7,214 $
Contributions Made
Police
Officers' Firefighters'
2,571,109 $ 1,988,852
(7,050) (10,566)
(10,757) (14,165)
2,574,816 1,992,451
2,571,109 2,093,466
(3,707) 101,015
82,940 124,300
79,233 $ 225,315
The City Commission determines the City and Employee contribution requirements for the Plans. In 2005
the actual contributions made to the General Employees' Pension Fund, Police Offficers' Pension Fund
and Firefighters' Pension Fund were $2,243,356; $2,571,109; and $2,093,466, respectively.
Postretirement Benefits
The City offers continuation of health and life insurance benefits to employees upon retirement. The full
cost of such benefits is paid by the retirees, and the City has no liability for postretirement benefits.
58
City of Boynton Beach, Florida
Required Supplementary Information
Schedules of Funding Progress
September 30,2005
(In Thousands)
Actuarial
Valuation
Date
Actuarial
Value of
Assets
(a)
Actuarial
Accrued Unfunded
Liability (Assets in
(AAL)- Excess of ) Funded
(**) AAL Ratio
(b) (b-a) (a/b)
General Employees' Pension Fund
Covered
Payroll
(c)
Unfunded
(Assets in Excess)
AAL as a
Percentage of
Covered Payroll
[(b-a)/c]
10/1/2002 $ 62,227 $ 69,575 $ 7,348 89.4 % $ 20,937 35.1%
10/1/2003 62,499 75,848 13,349 82.4 21,995 60.7
10/1/2004 62,845 83,258 20,413 75.5 21,211 96.2
Police Officers' Pension Fund
10/1/2002 $ 32,133 $ 40,604 $ 8,471 79.1 % $ 7,382 114.8%
10/1/2003 33,206 44,029 10,823 75.4 7,917 136.7
10/1/2004 34,496 48,154 13,658 71.6 7,207 189.5
Firefighters' Pension Fund
10/1/2002 $ 33,877 $ 39,432 $ 5,555 85.9 % $ 5,143 108.0%
10/1/2003 34,694 42,432 7,738 81.8 6,079 127.3
1 0/1/2004 35,119 47,240 12,121 74.3 6,136 197.6
** Actuarial cost methods used:
General Employees' Pension Fund Entry Age
Police Officers' Pension Funds Frozen Entry Age
Firefighters' Pension Funds Entry Age Normal
General Employees' Pension Fund
Schedule of Contributions from Employer
For the Last Three Years
September 30, 2005
Year Ended
September 30,
Annual
Required
Contribution
Percentage
Contributed
2003
2004
2005
$ 1,039,900
1,542,574
2,243,356
100.0%
100.0
100.0
59
COMBINING AND
INDIVIDUAL FUND STATEMENTS
MAJOR CAPITAL PROJECTS FUND
BUDGETARY COMPARISON SCHEDULE
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Capital Improvements Fund
For the Year Ended September 30,2005
Major Capital Projects Fund
Variance With
Original and Final Budget
Final Positive
BUdget Actual (Negative)
Revenues:
Intergovernmental $ $ 4,387,100 4,387,100
Interest 10,000 186,539 176,539
Total revenues 10,000 4,573,639 4,563,639
Expenditures:
Current:
General government 5,000 41,977 (36,977)
Public safety 7,483 11,413 (3,930)
Culture and recreation 669,787 78,682 591,105
Capital outlay:
General government 695,037 200,240 494,797
Public works 638,072 405,627 232,445
Culture and recreation 12,877,680 2,606,370 10,271,310
14,893,059 3,344,309 11,548,750
Revenue over (under) expenditures (14,883,059) 1,229,330 16,112,389
Other financing sources (uses):
Transfers in 7,176,000 3,260,865 (3,915,135)
Transfers out (27,230) (27,230)
7,176,000 3,233,635 (3,942,365)
Net change in fund balance $ (7,707,059) 4,462,965 $ 12,170,024
Fund balance, October 1,2004 10,727,504
Fund balance, September 30, 2005 $ 15,190,469
60
NON-MAJOR GOVERNMENTAL FUNDS
NONMAJOR GOVERNMENTAL FUNDS
DEBT SERVICE FUNDS
Debt Service Funds are used to account for resources accumulated and payments made for
principal and interest on long-term debt of governmental funds.
Promissory Note Debt Service Fund - To account for the payment of principal and interest,
and fiscal charges on the City's general obligation note payable which is payable from ad
valorem taxes. .
2004 Public Service Tax Debt Service Fund - To account for the payment of principal and
interest, and fiscal charges on the City's revenue bonds which are payable from non ad
valorem revenues.
CAPITAL PROJECTS FUNDS
Capital projects funds are used to account for the acquisition and construction of major
capital facilities other than those financed by proprietary funds and trust funds.
Fire Rescue Capital Improvement Fund - To fund construction of two new fire stations and
replacement of an existing station. Funded through a seven-year special assessment.
SPECIAL REVENUE FUNDS
Special revenue funds are used to account for specific revenues that are legally restricted to
expenditure for particular purposes.
Local Option Gas Tax Fund - To account for gas tax restricted for roadway program
expenditures.
Grants Fund - To account for all grants received by the City that includes: Community
Development Block Grant, Parks Development Grants and law Enforcement Grants.
SHIP Fund - To account for revenues and expenses relative to the State's affordable housing
initiative program.
Community Improvements Fund - To account for revenues and expenses relative to the City's
low-income home improvements program.
Parks and Recreation Facilities Fund - To account for fees collected from developers to be
used by the City for acquisition or development of park and recreational land.
Recreation Program Fund - To account for revenues and expenses relative to all recreation
programs provided by :the City.
Boynton Beach Memorial Park Fund - To account for revenues and expenses relative to the
City's two cemeteries.
Community Services Fund - To account for assets held in trust that are restricted for
designated purposes.
61
City of Boynton Beach, Florida
Combining Balance Sheet
Nonmajor Governmental Funds
September 30, 2005
Capital
Projects
Debt Service Funds Fund
2004 Fire Rescue
Promissory Public Capital
Note Service Tax Improvement
Assets
Pooled cash and investments $ 236,909 $ 836,266 $ 2.569.764
T axes receivable 166,880
Accounts receivable
Due from other governments
Due from other funds
Other receivables 15,500
Prepaid items
T alai assets $ 236,909 $ 1,003,146 $ 2,585,264
Liabilities and Fund Balances
Liabilities:
Accounts payable $ $ $ 125,689
Accrued expenses 38.760
Due to other funds
Refundable deposits
Other payables 161.830
Unearned revenue
T otalliabilities 326,279
Fund balances:
Reserved:
Prepaid items
Unreserved:
Designated for:
Specific purposes and projects 2,258,985
Subsequent year's expenditures
Debt service 236,909 1,003,146
Undesignated (deficit)
Total fund balances 236,909 1 ,003, 146 2,258,985
Totalliabililies and fund balances $ 236,909 $ 1,003,146 $ 2,585,264
62
Special Revenue Funds
Boynton
Local Parks and Beach
Option Community Recreation Recreation Memorial Community
Gas Tax Grants SHIP Improvements Facilities Program Park Services Total
$ 968,622 $ $ 1,507,658 $ 405,177 $ 2,284,092 $ 52,119 $ 4,260,!f21 $ 1.419,835 $ 14,541,263
94,349 261,229
3,666 36,085 39,751
211,673 211,673
187,669 187,669
125 20,863 4,811 41,299
6,192 6,192
$ 1,062,971 $ 211 ,673 $ 1,695,327 $ 405,177 $ 2,284,092 $ 62,102 $ 4,317,769 $ 1,424,646 $ 15,289,076
$ $ 40,747 $ 2,668 $ 15,972 $ $ 13.634 $ 4,650 $ 68,940 $ 272,300
8,959 1,660 2,401 51,780
187,669 187,669
547 2,733 3,280
161,830
135,207 1 ,406,322 1 ,541 ,529
363,623 1,408,990 25,478 15,294 7,051 71,673 2,218,388
6,192 6,192
2,284,092 40,616 1,352.973 5,936,666
328,887 328,887
1,240,055
1,062,971 (151,950) 286,337 50,812 4,310,718 5,558,888
1,062,971 (151 ,950) 286,337 379,699 2,284,092 46,808 4,310,718 1,352,973 13,070,688
$ 1 ,062,971 $ 211 ,673 $ 1 ,695,327 $ 405,177 $ 2,284,092 $ 62,102 $ 4,317,769 $ 1,424,646 $ 15,289,076
63
City of Boynton Beach, Florida
Combining Statement of Revenues, Expenditures and Changes in Fund Balances
Nonmajor Governmental Funds
For the Year Ended September 30, 2005
Capital
Projects
Debt Service Funds Fund
2004 Fire Rescue
Promissory Public Capital
Note Service Tax Improvement
Revenues:
Taxes $ 625.560 $ 4,107,498 $
Intergovernmental
Charges for services
Special assessments 2,353,373
Fines and forfeitures
Interest 15,779 56.303 121,657
Donations
Miscellaneous
Total revenues 641,339 4,163,801 2,475,030
Expenditures:
Current:
General government 4,973 2,201
Public safety 1.514,713
Public works
Economic environment
Cullure and recreation
Capital outlay:
General government
Public safety 2,388,957
Cullure and recreation
Debt service:
Principal retirement 889,790 620,000
Interest charges 94,663 684,322
Total expenditures 989,426 1 ,306,523 3,903,670
Revenue over (under) expenditures (348,087) 2,857,278 (1,428,640)
Other financing sources (uses):
Transfers in
Transfers out (2,857,278)
(2,857,278)
Net change in fund balances (348,087) (1,428,640)
Fund balances (deficit), October 1, 2004 584,996 1,003,146 3,687,625
Fund balances (deficit), September 30,2005 $ 236,909 $ 1,003,146 $ 2,258.985
64
Special Revenue Funds
Boynton
Local Parks and Beach
Option Community Recreation Recreation Memorial Community
Gas Tax Grants SHIP Improvements Facilities Program Park Services Total
$ 1,334,220 $ $ $ $ $ $ $ $ 6,067,278
699,338 515,078 1,214,416
568,892 258,425 421,324 1,248,641
2,353,373
240,877 240,877
31,983 14,604 40,216 8,537 44,757 4,026 108,068 37,767 483,697
1,141,276 239,439 1,380,715
84,007 201,309 138,924 11,714 6,105 442,059
1,366,203 797,949 756,603 147,461 1,186,033 584,632 372,598 939,407 13,431,056
83,940 174,486 461,242 726,842
54,776 148,302 1,717,791
898 898
184,115 515,078 586,704 898 1,286,795
59,748 585,767 111,412 756,927
6,241 6,241
10,909 138,765 2.538,631
99,735 1,383 11,668 112,786
1,509,790
778,985
898 493,223 515,078 586,704 898 587,150 180,727 871,389 9,435,686
1,365,305 304,726 241,525 (439,243) 1,185,135 (2,518) 191,871 68,018 3,995,370
44,323 294,160 17,320 355,803
(1,279,487) (334,377) (92,320) (18,336) (4,581,798)
p,279,487} (290,054) 294,160 (92,320) (18,336) 17,320 (4,225,995)
85,818 14,672 241,525 (145,083) 1,185,135 (94,838) 173,535 85,338 (230,625)
977,153 (166,622) 44,812 524,782 1,098,957 141,646 4,137,183 1,267,635 13,301,313
$ 1,062,971 $ (151,950) $ 286,337 $ 379,699 $ 2,284,092 $ 46,808 $ 4,310,718 $ 1,352,973 $ 13,070,688
65
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Promissory Note Debt Service Fund
For the Year Ended September 30, 2005
Original and
Final
Budget
Actual
Revenues:
Taxes
Interest
Total revenues
$
629,628 $
5,669
635,297
625,560 $
15,779
641,339
Expenditures:
Current:
General government
Debt service:
Principal retirement
Interest charges
Total expenditures
Net change in fund balance
Fund balance, October 1, 2004
Fund balance, September 30,2005
1,560 4,973
889,790 889,790
94,663 94,663
986,013 989,426
$ (350,716) (348,087) $
584,996
$ 236,909
66
Variance With
Final Budget
Positive
(Negative)
(4,068)
10,110
6,042
(3,413)
(3,413)
2,629
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
2004 Public Service Tax Debt Service Fund
For the Year Ended September 30, 2005
Variance With
Original and Final Budget
Final Positive
Budget Actual (Negative)
Revenues:
Taxes $ 4,063,575 $ 4,107,498 $ 43,923
Interest 9,000 56,303 47,303
Total revenue 4,072,575 4,163,801 91,226
Expenditures:
Current:
General government 2,060 2,201 (141)
Debt service:
Principal retirement 620,000 620,000
Interest charges 684,323 684,322 1
Total expenditures 1,306,383 1,306,523 (140)
Revenues over expenditures 2,766,192 2,857,278 91,086
Other financing sources (uses):
Transfers out (2,766,192) (2,857 ,278) (91 ,086)
(2,766,192) (2,857,278) (91,086)
Net change in fund balance $ - $
Fund balance, October 1, 2004 1,003,146
Fund balance, September 30,2005 $ 1 ,003,146
67
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Fire Rescue Capital Improvement Fund
For the Year Ended September 30,2005
Original and
Final
Budget
Actual
Variance With
Final Budget
Positive
(Negative)
Revenues:
Special assessments
Interest
Total revenues
$
2,310,750 $ 2,353,373 $
20,000 121,657
2,330,750 2,475,030
42,623
101,657
144,280
Expenditures:
Current:
Public safety
Capital outlay:
Public safety
Total expenditures
Net change in fund balance
1,728,102 1,514,713 213,389
3,136,000 2,388,957 747,043
4,864,102 3,903,670 960,432
(2,533,352) (1,428,640) 1,104,712
3,687,625
$ 2,258,985
Fund balance, October 1, 2004
Fund balance, September 30, 2005
68
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Local Option Gas Tax Fund
For the Year Ended September 30,2005
Variance With
Original and Final Budget
Final Positive
Budget Actual (Negative)
Revenues:
Taxes $ 1,250,000 $ 1,334,220 $ 84,220
Interest 10,000 31,983 21,983
Total revenues 1,260,000 1,366,203 106,203
Expenditures:
Current:
Public works 848 898 (50)
Total expenditures 848 898 (50)
Revenues over expenditures 1,259,152 1,365,305 106,203
Other financing uses:
Transfers out (1,259,152) (1,279,487) (20,335)
(1,259,152) (1,279,487) (20,335)
Net change in fund balance $ 85,818 $ 85,868
Fund balance, October 1, 2004 977,153
Fund balance, September 30,2005 $ 1,062,971
69
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Community Improvements Fund
For the Year Ended September 30,2005
Original and
Final
Budget
Actual
Variance With
Final Budget
Positive
(Negative)
Revenues:
Interest
Miscellaneous
Total revenues
$
4,000 $
180,000
184,000
8,537 $
138,924
147,461
4,537
(41,076)
(36,539)
Expenditures:
Current:
Economic environment
Total expenditures
Revenues over (under) expenditures
663,251 586,704 76,547
663,251 586,704 76,547
(479,251) (439,243) 40,008
175,264 294,160 118,896
175,264 294,160 118,896
$ (303,987) (145,083) $ 158,904
524,782
$ 379,699
Otherfinancing sources:
Transfers in
Net change in fund balance
Fund balance, October 1, 2004
Fund balance, September 30,2005
70
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Recreation Program Fund
For the Year Ended September 30, 2005
Original and
Final
Budget
Actual
Variance With
Final Budget
Positive
(Negative)
Revenues:
Charges for services
Interest
Miscellaneous
Total revenues
$
737,875 $
3,500
6,850
748,225
568,892 $
4,026
11,714
584,632
(168,983)
526
4,864
(163,593)
Expenditures:
Current:
Culture and recreation
Capital outlay:
Culture and recreation
Total expenditures
Revenues over (under) expenditures
Net change in fund balance
679,412 585,767 93,645
3,575 1,383 2,192
682,987 587,150 95,837
65,238 (2,518) (67,756)
(55,000) (92,320) (37,320)
(55,000) (92,320) (37,320)
$ 10,238 (94,838) $ (105,076)
141,646
$ 46,808
Other financing uses:
Transfers out
Fund balance, October 1, 2004
Fund balance, September 30, 2005
71
City of Boynton Beach, Florida
Schedule of Revenues, Expenditures, and Changes in Fund Balance
Budget and Actual
Boynton Beach Memorial Park Fund
For the Year Ended September 30, 2005
Revenues:
Charges for services
Interest
Miscellaneous
Total revenues
Original and
Final
Budget
$ 210,400 $
40,000
4,704
255.104
Actual
Variance With
Final Budget
Positive
(Negative)
258,425 $
108,068
6,105
372,598
48,025
68,068
1,401
117,494
Expenditures:
Current:
General government
Capital outlay:
General government
Total expenditures
Revenues over expenditures
234,268 174,486 59,782
2,500 6,241 (3,741 )
236,768 180,727 56,041
18,336 191,871 61,453
(18,336) ( 18,336)
(18,336) (18,336)
$ 173,535 $ 61,453
4,137,183
$ 4,310,718
Other financing uses:
Transfers out
Net change in fund balance
Fund balance, October 1, 2004
Fund balance, September 30,2005
72
NON-MAJOR ENTERPRISE FUNDS
NONMAJOR ENTERPRISE FUNDS
Enterprise funds are used to account for operations that are financed and
operated in a manner similar to private business enterprises. The costs of
providing goods or services to the general public are financed or recovered
primarily through user charges.
Recreational Facilities Fund - To account for operatio!1 of the City's golf
course.
Mass Transit Fund - To account for the operations of the municipal public
transportation system.
73
City of Boynton Beach, Florida
Combining Statement of Net Assets
Nonmajor Enterprise Funds
September 30, 2005
Recreational Mass
Facilities Transit
Fund Fund Total
ASSETS
Current assets:
Pooled cash and investments $ 873,148 $ 102,149 $ 975,297
Accounts receivable 4,935 4,935
Other receivable 41 41
Prepaid items 3,718 3,718
Inventories 41,946 41,946
Total current assets 918,853 107,084 1,025,937
Noncurrent assets:
Capital assets not being depreciated 1,356,467 1,356,467
Capital assets net of accumulated depreciation 1,291,839 1,291,839
Total assets 3,567,159 107,084 3,674,243
LIABILITIES
Current liabilities:
Accounts payable 61,199 107 61,306
Accrued expenses 32,574 5,287 37,861
Compensated absences payable 15,451 2,404 17,855
Total current liabilities 109,224 7,798 117,022
Noncurrent liabilities:
Compensated absences payable 103,403 16,091 119,494
Total liabilities 212,627 23,889 236,516
NET ASSETS
Invested in capital assets 2,648,306 2,648,306
Unrestricted 706,226 83,195 789,421
Total net assets $ 3,354,532 $ 83,195 $ 3,437,727
74
City of Boynton Beach, Florida
Combining Statement of Revenues, Expenses and Changes in Net Assets
Nonmajor Enterprise Funds
For the Year Ended September 30, 2005
Recreational Mass
Facilities Transit
Fund Fund Total
Operating revenues:
Charges for services:
Cart and green fees $ 1,659,695 $ $ 1,659,695
Dues 175,600 175,600
Transportation fees 11,431 11,431
Other services 542,562 542,562
Total operating revenues 2,377,857 11,431 2,389,288
Operating expenses:
Personal services and benefits 1,269,421 182,216 1,451,637
Supplies and services 836,199 36,560 872,759
Depreciation 232.094 1,159 233,253
2,337,714 219,935 2,557,649
Operating income (loss) 40,143 (208,504) (168,361)
Nonoperating revenues (expenses):
Intergovemmental revenue 104,945 104,945
Interest income 26,414 1,941 28,355
Gain on disposal of capital assets 2,287 2,287
Miscellaneous 18,792 18,792
133,646 20,733 154,379
Income (loss) before transfers 173,789 (187,771) (13,982)
Transfers in (out):
Transfers in 225.900 225,900
Transfers out (132,260) (132,260)
(132,260) 225,900 93,640
Net income 41,529 38,129 79.658
Net assets, October 1, 2004 3,313,003 45,066 3,358,069
Net assets, September 30, 2005 $ 3,354,532 $ 83,195 $ 3,437.727
75
City of Boynton Beach, Florida
Combining Statement of Cash Flows
Nonmajor Enterprise Funds
For the Year Ended September 30, 2005
Recreational Mass
Facilities Transit
Fund Fund Total
Cash Flows From Operating Activities
Receipts from customers and users $ 2,377,816 $ 9,813 $ 2,387,629
Payments to suppliers (847,958) (5,428) (853,386)
Payments to employees (1,279,072) (179,074) (1,458,146)
Payments for interfund services used (51,012) (31,128) (82,140)
Net cash provided by (used in) operating activities 199,774 (205,817) (6,043)
Cash Flows From Noncapital Financing Activities
Transfers in 225,900 225,900
Transfers out (132,260) (132,260)
Subsidy from governmental grant 179,945 179,945
Net cash provided by noncapital financing activities 47,685 225,900 273,585
Cash Flows From Capital and Related Financing Activities
Acquisition of capital assets (116,061 ) (116,061)
Proceeds from sale of capital assets 2,287 2,287
Other proceeds 18,792 18,792
Net cash provided by (used in) capital and related financing activities (113,774) 18,792 (94,982)
Cash Flows From Investing Activity
Interest received 26,414 1,941 28,355
Net cash provided by investing activity 26,414 1,941 28,355
Increase in cash and cash equivalents 160,099 40,816 200,915
Cash and cash equivalents, October 1, 2004 713,049 61,333 774,382
Cash and cash equivalents, September 30, 2005 $ 873,148 $ 102,149 $ 975,297
Reconciliation of Operating Income (loss) to Net Cash
Provided by (Used in) Operating Activities:
Operating income (loss) $ 40,143 $ (208,504) (168,361)
Adjustments to reconcile operating income (loss) to
net cash provided by (used in) operating activities:
Depreciation 232,094 1,159 233,253
Changes in operating assets and liabilities:
Accounts receivable (41) (1,618) (1,659)
Prepaid items (527) (527)
Inventories 12,301 12,301
Accounts payable (74,545) 4 (74,541)
Accrued expenses (474) 1,044 570
Compensated absences payable (9,177) 2,098 (7,079)
Total adjustments 159,631 2,687 162,318
Net cash provided by (used in) operating activities $ 199,774 $ (205,817) $ (6,043)
Noncash investing, capital and financing activities:
Gain on disposal of capital assets $ 2,287 $ $ 2,287
76
INTERNAL SERVICE FUNDS
INTERNAL SERVICE FUNDS
Internal Service Funds are used to account for the financing of goods or
services provided by one department to other departments of the
government on a cost reimbursement basis.
Vehicle Service Fund - To account for the cost of operating a maintenance
facility for automotive equipment used by other City departments, and
administering the City fleet. C
Warehouse Fund - To account for inventory and disbursement of commodities
purchased in bulk.
Self-Insurance Fund - To account for worker's compensation insurance
coverage to all City employees, and the City's general and auto liability self-
Insurance program.
77
City of Boynton Beach, Florida
Combining Statement of Net Assets
Internal Service Funds
September 30, 2005
Vehicle
Service Warehouse Self.lnsurance Total
ASSETS
Current assets:
Pooled cash and investments $ 5,526,123 $ $ 3,985,028 $ 9,511,151
Due from other funds 674,753 674,753
Prepaid items 415 46,216 46,631
Inventories 35,225 760,608 795,833
Total current assets 6,236,516 760,608 4,031,244 11,028,368
Noncurrent assets:
Capital assets not being depreciated 33,166 33,166
Capital assets net of accumulated depreciation 4,809,636 15,286 737 4,825,659
Total assets 11,079,318 775,894 4,031,981 15,887,193
LIABILITIES
Currentliabililies:
Accounts payable 240,404 12,361 66,014 318,779
Accrued expenses 57,313 10,584 5,558 73,455
Provision for insurance losses, current portion 1,166,041 1,166,041
Compensated absences payable 10,891 6,102 3,311 20,304
Due to other funds 674,753 674,753
Total current liabilities 308,608 703,800 1,240,924 2,253,332
Noncurrent liabilities:
Compensated absences payable 72,884 40,837 22,162 135,883
Provision for insurance Josses, less current portion 1,367,810 1,367,810
72,884 40,837 1,389,972 1,503,693
Totalliabililies 381,492 744,637 2,630,896 3,757,025
NET ASSETS
Invested in capital assets 4,842,802 15,286 737 4,858,825
Unrestricted 5,855,024 15,971 1,400,348 7,271,343
Total net assets $ 10,697,826 $ 31,257 $ 1,401,085 $ 12,130,168
78
City of Boynton Beach, Florida
Combining Statement of Revenues, Expenses and Changes in Net Assets
Internal Service Funds
For the Year Ended September 30,2005
Vehicle
Service Warehouse Self-Insurance Total
Operating revenues:
Charges for services $ 2,106.000 $ 251,449 $ 2.119,392 $ 4,476,841
Total operating revenues 2,106.000 251,449 2,119,392 4,476,841
Operating expenses:
Personal services and benefits 682,836 260.419 173,539 1,116,794
Supplies, services and claims 1,947,981 17,947 2,286,693 4,252,621
Depreciation 1,958,824 3,857 2,945 1.965,626
4.589,641 282,223 2,463,177 7,335,041
Operating loss (2.483.641) (30,774) (343,785) (2.858,200)
Nonoperating revenues:
Interest income 151,984 44.959 196,943
Gain on disposal of capital assets 105,829 105,829
Miscellaneous income 16,388 2,336 18,724
257,813 16,388 47,295 321,496
Loss before transfers (2,225,828) (14,386) (296,490) (2,536,704)
Transfers in 1,655,035 1,895,000 3,550,035
Net income (loss) (570,793) (14,386) 1,598,510 1,013,331
Net assets (deficit), October 1, 2004 11,268,619 45,643 (197,425) 11,116,837
Net assets, September 30, 2005 $ 10,697,826 $ 31,257 $ 1.401,085 $ 12,130,168
79
City of Boynton Beach, Florida
Combining Statement of Cash Flows
Internal Service Funds
For the Year Ended September 30,2005
Vehicle Self-
Service Warehouse Insurance Total
Cash Flows From Operating Activities
Receipts from interlund services provided $ 2,106,000 $ 251,~9 $ 2,119,392 $ 4,476,841
Payments to suppiiers (1,797,887) (40,088) (2,253,495) (4,091,470)
Payments to employees (637,091) (257,381) (171,892) (1,066,364)
Net cash used in operating activities (328,978) (46,020) (305,995) (680,993)
Cash Flows From Noncapital Financing Activities
Loans from other funds 29,632 29,632
Loans to other funds (29,632) (29,632)
Transfers in 1,655,035 1,895,000 3,550,035
Net cash provided by noncapital financing activities 1,625,403 29,632 1,895,000 3,550,035
Cash Flows From Capital and Related Financing Activities
Acquisition of capital assets (881,258) (881,258)
Proceeds from sale of capital assets 129,070 129,070
Other proceeds 16,388 2,336 18,724
Net cash provided by (used in) capital and related financing activities (752,188 ) 16,388 2,336 (733,464)
Cash Flows From Investing Activity
Interest received 151,984 44,959 196,943
Net cash provided by investing activity 151,984 44,959 196,943
Increase in cash and cash equivalents 696,221 1,636,300 2,332,521
Cash and cash equivalents, October 1, 2004 4,829,902 2,348,728 7,178,630
Cash and cash equivalents, September 30, 2005 $ 5,526,123 $ $ 3,985,028 $ 9,511,151
Reconciliation of Operating Income (Loss) to Net Cash
Used in Operating Activities:
Operating loss $ (2,483,641) $ (30,774) $ (343,785) (2,858,200)
Adjustments to reconcile operating loss to
net cash used in operating activities:
Depreciation 1,958,824 3,857 2,945 1,965,626
Changes in operating assets and liabilities:
Accounts receivable
Prepaid items (415) 23,960 23,545
Inventories 4,279 (483) 3,796
Accounts payable 146,230 (21,658) (10,947) 113,625
Accrued expenses 38,137 2,999 (923) 40,213
Provision for insurance losses 20,185 20,185
Compensated absences payable 7,608 39 2,570 10,217
Total adjustments 2,154,663 (15,246) 37,790 2,177,207
Net cash used in operating activities $ (328,978) $ (46,020) $ (305,995) $ (680,993)
Noncash investing, capital and financing activities:
Gain on disposal of capital assets $ 105,829 $ $ $ 105,829
80
PENSION FUNDS
PENSION TRUST FUNDS
Pension Trust Funds account for financial operations and condition of the
City's three pension plans.
General Employees' Pension Fund - To account for the accumulation of
resources to be used for the retirement benefit payments to the City's general
employees.
Police Officers' Pension Fund - To account for the accumulation of resources
to be used for the retirement benefit payments to the City's sworn police
personnel.
Firefighters' Pension Fund - To account for the accumulation of resources to
be used for the retirement benefit payments to the City's certified fire
personnel.
81
City of Boynton Beach, Florida
Combining Statement of Fiduciary Net Assets
Pension Trust Funds
September 30, 2005
General Police
Employees' Officers' Firefighters'
Pension Pension Pension
Fund Fund Fund Total
Assets
Cash and cash equivalents $ 242,240 $ 18,569 $ 1,108,678 $ 1,369,487
Investments
U.S. government obligations 16,215.882 8.324,754 24,540,636
Common stocks 29,293.028 22,637,054 51,930,082
Corporate bonds 6,211,214 7,323,690 13,534,904
Mortgage-backed securities 6,672,293 6,672,293
Equity mutual funds 13,647,450 22,811,092 36,458,542
Bond mutual funds 15,207,395 15,207,395
Interest and dividends receivable 265,480 164,523 430,003
Other receivables 348,824 2,334,655 1,452,191 4,135,670
Prepaid items 225,715 2.002 227,717
Total assets 73,122,126 40,371,711 41,012,892 154,506,729
Liabilities
Accounts payable 82,925 68,206 39,746 190,877
T otalliabilities 82,925 68,206 39,746 190,877
Net assets
Net assets held in trust for pension benefits $ 73.039,201 $ 40,303,505 $ 40,973,146 $ 154,315,852
82
City of Boynton Beach, Florida
Combining Statement of Changes in Fiduciary Net Assets
Pension Trust Funds
For the Year Ended September 30, 2005
General Police
Employees' Officers' Firefighters'
Pension Pension Pension
Fund Fund Fund Total
Additions:
Contributions:
Employer $ 2,243,356 $ 2,106,022 $ 1,439,048 $ 5,788,426
Plan members 1,647,332 732,469 704,070 3,083.871
Slate 668,582 654,418 1,323,000
Total contributions 3,890,688 3,507,073 2,797,536 10,195.297
Investment income:
Net appreciation in the fair value of
investments (realized and unrealized) 5,319,019 4,048,422 2,019,827 11,387,268
Interest and dividends 2,072,970 63,118 1,136,957 3.273,045
Miscellaneous 26,809 23,423 50,232
7,418,798 4,111,540 3,180,207 14,710,545
Less investment expenses
Custodian fees 335,030 265,684 200,826 801,540
Net investment income 7,083,768 3,845.856 2.979.381 13.909,005
T olal additions 10,974,456 7,352,929 5,776.917 24,104,302
Deductions:
Benefrts paid 3,771,022 2.797,114 2,434,933 9,003,069
Refunds of contributions 113,944 131,613 245,557
Other operating expenses 84,547 90,194 88,102 262,843
3,969,513 3,018,921 2,523.035 9,511,469
Net increase 7,004,943 4.334,008 3,253,882 14,592,833
Net assets held in trust for pension
benefits, October 1, 2004 66,034,258 35.969,497 37,719,264 139,723,019
Net assets held in trust for pension
benefits, September 30, 2005 $ 73,039,201 $ 40,303,505 $ 40,973,146 $ 154,315,852
83
STATISTICAL SECTION
City of Boynton Beach, Florida
General Fund Revenue by Source and Other Financing
Sources-Budgetary Basis-Unaudited
Last Ten Fiscal Years
Fiscal Year Licenses Charges
Ended and Inter- for
September 30 Taxes Permits Governmental Services
1996 $ 20,061,973 $ 2,419,639 $ 4,679,085 $ 1,483,842
1997 21,340,839 2,613,267 5,053,291 1,296,201
1998 22,150,455 2,827,749 5,299,694 1,329,763
1999 22,993,030 2,699,350 5,446,576 1,568,157
2000 23,666,542 3,436,709 5,956,776 1,758,769
2001 25,023,204 3,758,160 6,312,656 2,103,282
2002 26,973,135 2,741,792 6,154,238 2,366,411
2003 27,471,477 3,076,313 7,006,757 2,606,569
2004 28,208,605 6,648,957 8,337,402 2,791,326
2005 30,409,751 8,202,385 8,583,955 3,935,738
Note: Includes General Fund (budgetary basis) only.
Continued on next page.
84
Annual
Rents and Other Percentage
Fines and Royalties and Financing Increase
Forfeitures Interest Miscellaneous Sources Total (Decrease)
$ 131,476 $ 585,636 $ 150,165 $ 3,135,787 $ 32,647,603 4.7 %
152,224 665,324 354,365 3,399,023 34,874,534 6.8
132,008 1,232,370 105,967 4,461,280 37,539,286 7.6
127,788 553,340 150,587 3,411 ,248 36,950,076 (1.6)
117,019 1,215,612 442,388 4,084,982 40,678,797 10.1
151,047 1,842,954 339,048 4,760,657 44,291,008 8.9
189,489 1,254,874 309,278 4,308,800 44,298,017 0.0
187,560 613,260 231,563 4,227,364 45,420,863 2.5
236,278 344,455 395,264 4,306,800 51,269,087 12.9
290,310 597,841 326,093 4,326,800 56,672,873 10.5
85
City of Boynton Beach, Florida
General Fund Expenditures by Function and Other Financing Uses-
Budgetary Basis-Unaudited
Last Ten Fiscal Years
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
Public Safety
Inspection
Permits
General and Animal
Government Police Fire licenses Control
$ 6,041,201 $ 9,495,659 $ 6,441,854 $ 1,426,511 $ 104,329
6,338,557 9,828,744 6,513,492 1,433,615 104,732
7,000,824 9,278,782 6,599,824 1,724,552 107,196
6,712,016 10,852,070 7,101,819 1,881,350 115,452
7,258,304 11,141,926 7,444,459 2,481,416 114,476
8,973,320 11,420,699 7,734,552 2,884,167 118,374
9,356,883 12,187,477 8,311,080 2,984,006 128,583
9,804,932 14,159,833 9,237,876 2,929,191 125,397
10,556,784 15,453,164 10,228,091 3,254,943 146,716
11,427,598 16,307,010 10,862,713 3,390,684 143,028
Fiscal Year
Ended
September 30
Note: Includes General Fund (budgetary basis) only.
Continued on next page.
86
Culture
Public and
Works Recreation Other Total
$ 1,001,611 $ 4,815,581 $ 1,253,954 $ 30,580,700
1,033,470 5,001,914 3,413,402 33,667,926
976,153 4,896,973 2,078,693 32,662,997
1,065,895 5,557,201 3,022,876 36,308,679
1,044,324 6,108,353 6,140,433 41,733,691
1,181,010 7,003,614 1,526,726 40,842,462
1,116,442 6,637,240 2,318,319 43,040,030
1,170,718 6,941,931 2,947,237 47,317,115
1,154,696 7,050,778 1,063,508 48,908,680
1,181,446 7,173,400 1,063,789 51,549,668
87
City of Boynton Beach, Florida
Property Tax levies and Collections-Unaudited
Last Ten Fiscal Years
Fiscal Year Current Percent
Ended Total Tax Tax of Levy
September 30 Levy Collections Collected
1996 $ 17,200,873 $ 17,103,120 99.4 %
1997 17,989,343 17,911,988 99.6
1998 18,753,009 18,672,518 99.6
1999 19,875,591 19,789,427 99.6
2000 20,243,189 20,125,134 99.4
2001 20,950,505 20,863,339 99.6
2002 22,460,999 22,395,056 99.7
2003 23,191,047 23,119,714 99.7
2004 25,511.741 25,451,807 99.8
2005 27,796,348 27,735,258 99.8
Note: All property taxes are assessed and collected by Palm Beach County without charge to
the City, and collections are distributed in full as collected.
Continued on next page.
88
Total Outstanding
Collections as Delinquent
Delinquent Percent Outstanding Taxes as
Tax Total Tax of Current Delinquent Percent of
Collections Collections Levy Taxes Current Levy
$ 42,029 $ 17,145,149 99.7 % $ 571,301 3.3 %
133,128 18,045,116 100.3 467,661 2.6
63,831 18,736,349 99.9 482,494 2.6
18,730 19,808,157 99.7 484,322 2.4
55,429 20,180,563 99.7 469,902 2.3
43,042 20,906,381 99.8 454,792 2.2
38,498 22,433,554 99.9 244,863 1.1
66,395 23,186,109 100.0 247,685 1.1
31,242 25,483,049 99.9 249,211 1.0
17,278 27,752,536 99.8 281,147 1.0
89
City of Boynton Beach, Florida
Assessed and Estimated Actual Value of
Taxable Property-Unaudited
Last Ten Fiscal Years
(Dollars in Thousands)
Real Property Personal Property
Fiscal Year Estimated Estimated
Ended Assessed Actual Assessed Actual
September 30 Value Value Value Value
1996 $ 2,174,386 $ 2,320,532 $ 277 ,204 $ 387,808
1997 2,196,263 2,349,983 331,795 460,385
1998 2,310,081 2,468,380 345,124 482,625
1999 2,432,848 2,588,395 329,802 329,802
2000 2,606,324 2,751,880 323,935 406,377
2001 2,705,264 2,865,074 309,417 386,122
2002 2,987,970 3,150,594 296,202 369,774
2003 3,316,616 3,511,340 272,475 339,646
2004 3,894,452 4,121,290 252,313 313,266
2005 4,471,362 4,729,286 248,908 313,249
Source: Palm Beach County Property Appraiser's Office.
Continued on next page.
90
Ratio of
Centrally Assessed Total
Property Exemptions Total Assessed
Estimated Estimated to Total
Assessed Actual Real Assessed Actual Estimated
Value Value Property Value Value Actual Value
$ 2,136 $ 2,136 $ 407,712 $ 2,046,014 $ 2,710,476 75.49
2,164 2,164 382,900 2,147,322 2,812,532 76.35
3,084 3,084 412,348 2,245,941 2,954,089 76.03
3,421 3,421 428,060 2,338,011 2,921,618 80.02
3,109 3,109 458,482 2,474,886 3,161,366 78.29
2,988 2,988 472,670 2,544,999 3,254,184 78.21
2,849 2,849 551,441 2,735,580 3,523,217 77.64
2,904 2,904 695,701 2,896,294 3,853,890 75.15
3,879 3,879 918,637 3,232,007 4,438,435 72.82
4,257 4,257 1,107,295 3,617,232 5,046,792 71.67
91
City of Boynton Beach, Florida
Property Tax Rates-All Direct and Overlapping
Governments-Unaudited
Last Ten Fiscal Years
(per $1,000 of assessed value)
City of Boynton Beach
Debt
Fiscal General Service School
Year Fund Fund Total District County Other (1) Total
1996 7.925 0.482 8.407 9.761 4.218 2.585 24.971
1997 7.925 0.457 8.382 9.797 4.236 2.286 24.701
1998 7.925 0.411 8.336 9.060 4.600 1.350 23.346
1999 7.816 0.451 8.267 9.179 4.600 2.234 24.280
2000 7.816 0.425 8.241 9.043 4.600 2.186 24.070
2001 7.816 0.411 8.227 9.043 4.600 2.263 24.133
2002 7.816 0.411 8.227 8.948 4.935 2.456 24.566
2003 7.600 0.395 7.995 8.779 4.808 2.489 24.071
2004 7.500 0.380 7.880 8.562 4.791 2.556 23.789
2005 7.500 0.180 7.680 8.432 4.768 2.525 23.405
Source: Palm Beach County Tax Collector
Tax rate limits
Scope of tax rate limit
- Ten mills per Florida Statute 200.081
- No municipality shall levy ad valorem taxes for real and tangible
personal property in excess of ten mills of the assessed value,
except for special benefits and debt service on obligation issued
with the approval of those taxpayers subject to ad valorem taxes.
- March 31
- April 1
- 4% November; 3% December; 2% January; 1 % March
- 2.5% after April 1, increasing .5% each ten days to maximum 5.0%
- Palm Beach County
- None
Taxes due
Taxes delinquent
Discount allowed
Penalties for delinquency
Tax collector
Tax collector's commission
(1) Other tax rates include the South Florida Water Management District, Florida Inland Navigation District,
Health Care District, Children's Services Council and Everglades Construction.
92
City of Boynton Beach, Florida
Ratio of Net General Obligation Debt to Assessed Value
and Net General Obligation Debt Per Capita-Unaudited
Last Ten Fiscal Years
Ratio of
Net General
Gross Less Debt Obligation Net General
Fiscal Year General Service Net General Debt to Obligation
Ended Assessed Obligation Funds Obligation Assessed Debt Per
September 30 Population Value Debt Available Debt Value Capita
1996 50,940 $ 2,046,014,000 $ 8,180,000 $ 2,484,550 $ 5,695,450 0.28 % $ 112
1997 52,311 2,147,322,000 7,675,000 2,499,393 5,175,607 0.24 99
1998 53,635 2,245,941,000 7,045,000 2,540,182 4,504,818 0.20 84
1999 55,483 2,338,011,000 6,390,000 2,591,802 3,798,198 0.16 68
2000 56,300 2,474,886,000 4,986,434 4,986,434 0.20 89
2001 61,816 2,544,999,000 4,667,670 273,625 4,394,045 0.17 71
2002 62,84 7 2,735,580,000 3,918,217 381,908 3,536,309 0.13 56
2003 64,593 2,896,294,000 3,033,354 429,218 2,604,136 0.09 40
2004 65,208 3,232,007,000 2,097,154 584,996 1,512,158 0.05 23
2005 65,601 3,617,232,000 1,207,364 236,909 970,455 0.03 15
Note: The population estimate for all years was calculated by the City's planning department.
93
Direct:
City of Boynton Beach:
General obligation note
Overlapping:
Palm Beach County:
General Obligation Bonds
City of Boynton Beach, Florida
Computation of Direct and Overlapping
General Obligation Debt - Unaudited
September 30, 2005
Net General
Obligation
Debt,
September 30,
2005
$
970,455
255,250,000
Palm Beach County School District:
General Obligation Bonds
126,875,000
$ 382,125,000
Total direct and overlapping bonded
debt payable from taxes
Estimated population
Direct and overlapping net debt per capita
94
Estimated
Percent
Applicable
100.00% $
3.28%
Direct and
Overlapping
Net General
Obligation
Debt
970,455
12,533,700
$ 13,504,155
65,601
$
206
City of Boynton Beach, Florida
Computation of Legal Debt Margin - Unaudited
September 30, 2005
(Dollars in Thousands)
Assessed valuations:
Assessed value $ 3,617,232
Add back:exempt real property 1,107,295
Assessed valuations $ 4,724,527
Legal debt margin:
Debt Iimitation-10% of total assessed value $ 472,453
Debt applicable to limitation:
Total general obligation debt 1,207
Less:
Amount available for repayment of
general obligation debt 237
Total debt applicable to limitation 970
Legal debt margin $ 471,483
The City has established as a maximum cap for long-term general obligation debt, 10% of the total assessed
value of both real and personal property within the City limits. This cap shall be adjusted annually to reflect the
annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of
total debt service of the City.
95
City of Boynton Beach, Florida
Ratio of Annual Debt Service Requirements for General
Obligation Debt to Total General Fund Expenditures:-
Budgetary Basis-Unaudited
Last Ten Fiscal Years
Ratio of
Total Debt Service
Fiscal Year General to General
Ended Total Debt Fund Fund
September 30 Principal Interest Service Expenditures (1) Expenditures
1996 $ 475,000 $ 476,326 $ 951,326 $ 30,580,700 0.0311
1997 505,000 451,518 956,518 33,667,926 0.0284
1998 630,000 424,468 1,054,468 32,662,997 0.0323
1999 655,000 392,002 1,047,002 36,308,679 0.0288
2000 695,000 374,708 1,069,708 41,674,502 0.0257
2001 318,674 159,649 478,323 40,842,462 0.0117
2002 749,453 229,923 979,376 43,040,030 0.0228
2003 884,963 188,847 1,073,810 47,317,115 0.0227
2004 936,200 143,120 1,079,320 48,908,680 0.0221
2005 889,790 94,663 984,453 51,549,668 0.0191
(1) Includes transfers out.
96
City of Boynton Beach, Florida
Schedule of Water and Sewer Revenue Bond
Debt Service Coverage-Unaudited
Last Ten Fiscal Years
(AHB)
Net Revenue
(B) Available
(A) Current for Debt Coverage Current
Year Revenue (1) Expenses (2) Coverage Requirement (3) Coverage (4)
1996 $ 22,505,993 $ 11,814,452 $ 10,691,541 $ 4,376,420 2.44
1997 23,297,598 12,100,657 11,196,941 3,610,809 3.10
1998 25,092,939 12,390,830 12,702,109 3,436,133 3.70
1999 24,465,299 13,815,539 10,649,760 4,806,854 2.22
2000 26,819,080 14,759,425 12,059,655 4,885,561 2.47
2001 29,209,194 15,884,244 13,324,950 5,254,259 2.54
2002 28,313,646 14,395,176 13,918,470 9,845,079 1.41
2003 27,625,940 15,185,354 12,440,586 6,995,286 1.78
2004 27,560,353 19,574,242 7,986,111 6,950,564 1.15
2005 27,822,650 19,392,542 8,430,108 4,437,683 1.90
The following definitions are in accordance with the bond resolutions:
(1) Includes operating and certain nonoperating revenue and transfers.
(2) Includes operating and nonoperating expenses. Excludes depreciation, amortization and transfers for
administrative expenses.
(3) Includes 110% of current debt service and 100% of the renewal, replacement and improvement required
deposit.
(4) Coverage requirement is 1.00.
97
City of Boynton Beach, Florida
Property Value and Construction-Unaudited
Last Ten Fiscal Years
Total Commercial Residential
Assessed Construction" Construction**
Fiscal Year Property Number
Ended Value* (in of Number of
September 30 thousands) Buildings Value Units Value
1996 $ 2,710,476 4 $ 3,888,000 471 $ 43,048,577
1997 2,812,532 15 12,315,005 527 47,304,809
1998 2,954,089 22 22,568,663 697 43,133,484
1999 2,921,618 24 18,377 ,934 435 32,960,174
2000 3,161,366 31 36,898,723 365 31,630,105
2001 3,254,184 16 17,052,582 867 64,423,547
2002 3,523,217 12 7,329,262 628 38,229,483
2003 3,853,890 25 27,786,988 262 24,819,386
2004 4,438,435 26 67,569,812 1285 128,319,204
2005 5,046,792 12 51,287,164 988 147,735,139
Source:
* Palm Beach County Property Appraiser's Office.
** City building department.
98
City of Boynton Beach, Florida
Principal Taxpayers-Unaudited
Percentage
Taxable of Total
Taxpayer Type of Business Valuation Taxes Taxes
Boynton JCP Assoc.. Retail shopping mall $ 83,700,000 $ 659,556 2.373 %
Tuscanny Tarragon, LLC Real estate developer 29,424,000 231,861 0.834
ERP Operating Ltd Partnership Rental apartments 29,200,000 230,096 0.828
California State Teachers
Retirement System Rental apartments 28,400,300 223,794 0.805
Boynton Beach
Development Assoc. Retail shops 26,500,000 208,820 0.751
Boynton Villa Del Sol, LLC Real estate developer 25,850,291 203,700 0.733
Publix Super Markets, Inc. Grocery stores 23,928,695 188,558 0.678
LPC Club Meadows, LP Rental apartments 23,800,000 187,544 0.675
Villas At Quantum Park Rental apartments 22,500,000 177,300 0.638
Premier Gateway Center at
Quantum Real estate developer 17 ,462,265 137 ,603 0.495
310,765,551 2,448,832 8.810
Other 3,306,466,449 25,347,516 91.190
$ 3,617,232,000 $27,796,348 100.000 %
99
City of Boynton Beach, Florida
Demographic Statistics-Unaudited
Fiscal Year School
Ended September Population Enrollment Unemployment
30 * ** Rate***
1996 50,940 133,991 8.40
1997 52,311 136,588 7.80
1998 53,635 139,185 6.70
1999 55,483 148,781 5.70
2000 56,300 154,038 5.50
2001 61,816 156,856 5.90
2002 62,847 161,949 5.40
2003 64,593 166,845 4.80
2004 65,208 172,532 4.60
2005 65,601 176,549 4.00
* The population estimate for all years was calculated by the City's planning department.
**
Data is for Palm Beach County. Source: Palm Beach County school information.
***
Data is for all of Palm Beach County. Source: Florida Department of Commerce, Division
of Employment Security
100
Date of Incorporation:
Form of Government:
Location and Area:
Police Protection:
Fire Protection:
Recreational Facilities:
Continued on next page.
City of Boynton Beach, Florida
Miscellaneous Statistical Data-Unaudited
July 21, 1920
City Commission-Manager with four commission members elected from districts
to serve staggered three-year terms and a mayor elected at large for a three-year
term. The vice mayor is chosen by the commission on an annual basis. The City
Manager is appointed by the commission.
The City encompasses an area of 16.1 square miles and is located about 12
miles south of West Palm Beach which is the county seat of Palm Beach County.
The City is bounded on the east by Lake Worth and the Intracoastal Waterway,
except for a small section which extends to the Atlantic Ocean. Palm Beach
County is located on the southeast coast of Florida and extends westward to
Lake Okeechobee with a total area of 2,230 square miles including 46 miles of
frontage on the At/antic Ocean and about 25 miles of frontage on Lake
Okeechobee.
148 sworn officers, 38 civilian full-time employees and one part-time clerk.
4 fire stations, 113 firefighters (83 are state-certified paramedics), 19 civilians and
8 advanced life support units.
Tennis courts-31 (all lighted)
Tennis pro shops-1
Shuffleboard courts-16 lighted
Ball fields-10 (7 lighted diamonds)
Public beach-965 feet frontage on the Atlantic Ocean
Boat launching ramps-4 boat ramps on the Intracoastal and 2 boat
ramps at Pioneer Canal Park
Swimming pool-25 meter
Parks-28 locations with various recreational facilities and playgrounds
Activity centers-6
Municipal golf course-27 holes
Racquetball Courts-8 (all lighted)
Senior Center
101
City of Boynton Beach, Florida
Miscellaneous Statistical Data-Unaudited
Water System:
Water plants capacity:
Total meters:
Total living units served:
Residential rate:
Inside City
Outside City
28.1 MGD
33,502
53,083
$4.00 base rate per month plus
graduated scale based on consumption
$5.00 base rate per month plus
graduated scale based on consumption
Sewer System:
Joint Regional Wastewater Treatment
Plant (Boynton Beach-Delray Beach):
Total connections
(City sewage collection):
Total living units served:
Residential rate:
Inside City
Outside City
Number of registered voters:
Last general election
Number of votes cast in:
Last general election
Percentage of registered voters voting in:
Last general election
Elections:
102
12.0 MGD reserved for
Boynton Beach service area
31,408
51,219
$10.13 base
$1.54/1,000 gallons with a
maximum of 7,000 gallons
$12.66 base
$1.93/1,000 gallons with a
maximum of 7,000 gallons
38,761
7,449
19.2
COMPLIANCE SECTION
..J!1I1
-
CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.
CERTIFIED PUBLIC ACCOUNTANTS
WILLIAM K. CALER, JR., CPA
LOUIS M. COHEN, CPA
DAVH>S.DONTEN,CPA
SCOTI D. DRUKER, CPA, 10
JAMES B. HUTCHISON. CPA
JOEL H. LEVINE, CPA
JAMES F. MULLEN, IV, CPA
THOMAS A. PENCE, JR., CPA
SCOTI L. PORTER, CPA
MARK D. VEIL, CPA
505 SOUTH FLAGLER DRIVE, SUITE 900
WEST PALM BEACH. FL 33401-5948
MEMBERS
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
TELEPHONE (561) 832-9292
FAX (561) 832-9455
FLORH>A INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
info@cdlcpa.com
Independent Auditor's Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance With Government Auditing Standards
The Honorable Mayor and
City Commission
City of Boynton Beach, Florida
We have audited the accompanying financial statements of the governmental activities, the business-type
activities, the discretely presented component unit, each major fund and the aggregate remaining fund
information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2005, which
collectively comprise the basic financial statements of the City of Boynton Beach, Florida, and have issued our
report thereon dated March 17, 2006. We conducted our audit in accordance with U.S. generally accepted
auditing standards and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the internal control over financial reporting of the City
of Boynton Beach, Florida, in order to determine our auditing procedures for the purpose of expressing our
opinions on the financial statements and not to provide an opinion on the internal control over financial
reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all
matters in the internal control that might be material weaknesses. A material weakness is a reportable
condition in which the design or operation of one or more of the internal control components does not reduce
to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be
material in relation to the financial statements being audited may occur and not be detected within a timely
period by employees in the normal course of performing their assigned functions. We noted no matters
involving the internal control over financial reporting and its operation that we consider to be material
weaknesses.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the financial statements of the City of Boynton
Beach, Florida, are free of material misstatement, we performed tests of its compliance with certain provisions
of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion on
compliance with those provisions was not an objective of our audit, and accordingly, we do not express such
an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required
to be reported under Government Auditing Standards.
103
We noted certain matters that we reported to management in a separate management letter dated March 17,
2006.
This report is intended solely for the information and use of the City Commission and management of the
City of Boynton Beach, Florida, federal and state awarding and pass-through agencies, and the Auditor
General of the State of Florida and is not intended to be and should not be used by anyone other than these
specified parties.
~I ~I ~I
~/P~~ ~~A,
March 17, 2006
104
...lllll
-
CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.
Wll.llAM K. CALER. JR.. CPA
LOUIS M. COHEN, CPA
DAVID S. DONTEN. CPA
SCOlT D. DRUKER. CPA, 10
JAMES B. HlJI'CHISON. CPA
JOEL H. LEVINE, CPA
JAMES F. MULLEN, IV. CPA
THOMAS A. PENCE. JR.. CPA
SCOlT L. PORTER. CPA
MARK D. VEIL. CPA
CERTIFIED PUBLIC ACCOUNTANTS
505 SOUTH FLAGLER DRIVE. SUITE 900
WEST PALM BEACH, FL 33401-5948
MEMBERS
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
TELEPHONE (561) 832.9292
FAX (561) 832-9455
FLORIDA INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
info@cdlcpa.com
Independent Auditor's Report on Compliance with Requirements Applicable to
Each Major Federal Program and State Proiect and Internal Control Over Compliance
The Honorable Mayor and
City Commission
City of Boynton Beach, Florida
Compliance
We have audited the compliance of the City of Boynton Beach, Florida, with the types of compliance
requirements described in the U.S. Office of Management and Budget (OM B) Circular A-133 Compliance
Supplement, and the requirements described in the Executive Office of the Governor's State Projects
Compliance Supplement, that are applicable to its major federal program and state project for the year
ended September 30, 2005. The major federal program and state project of the City of Boynton Beach,
Florida, are identified in the summary of auditor's results section of the accompanying Schedule of
Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts and
grants applicable to its major federal program and state project is the responsibility of the management of
the City of Boynton Beach, Florida. Our responsibility is to express an opinion on compliance by the City
of Boynton Beach, Florida, based on our audit.
We conducted our audit of compliance in accordance with U.s. generally accepted auditing standards;
the standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and
Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards, OMB
Circular A-133 and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the
audit to obtain reasonable assurance about whether noncompliance with the types of compliance
requirements referred to above that could have a direct and material effect on a major federal program or
state project occurred. An audit includes examining, on a test basis, evidence about compliance by the
City of Boynton Beach, Florida, with those requirements and performing such other procedures as we
considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our
opinion. Our audit does not provide a legal determination on compliance by the City of Boynton Beach,
Florida, with those requirements.
In our opinion, the City of Boynton Beach, Florida, complied, in all material respects, with the
requirements referred to above that are applicable to its major federal programs and state project for the
year ended September 30, 2005.
105
Internal Control Over Compliance
The management of the City of Boynton Beach, Florida, is responsible for establishing and maintaining
effective internal control over compliance with requirements of laws, regulations, contracts and grants
applicable to federal programs and state projects. In planning and performing our audit, we considered
the City's internal control over compliance with requirements that could have a direct and material effect
on a major federal program or state project in order to determine our auditing procedures for the purpose
of expressing our opinion on compliance and to test and report on the internal control over compliance in
accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General.
Our consideration of the internal control over compliance would not necessarily disclose all matters in
the internal control that might be material weaknesses. A material weakness is a reportable condition in
which the design or operation of one or more of the internal control components does not reduce to a
relatively low level the risk that noncompliance with applicable requirements of laws, regulations,
contracts and grants caused by error or fraud that would be material in relation to a major federal
program or state project being audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned functions. We noted no matters involving
the internal control over compliance and its operation that we consider to be material weaknesses.
This report is intended solely for the information and use of the City Commission and management of the
City of Boynton Beach, Florida, federal and state awarding and pass-through agencies and the Auditor
General of the State of Florida and is not intended to be and should not be used by anyone other than
these specified parties.
Cak, ~, ~,
~, p~ ~ Vu< ~A,
March 17, 2006
106
CITY OF BOYNTON BEACH, FLORIDA
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND STATE FINANCIAL ASSISTANCE
Year Ended September 30, 2005
Grantor / CFDA Contract/Grant 2005 Program Transfers to
Program Title Number Number Expenditures Su brecipients
Federal Awards
U.S. Department of Housing and
Urban Development
Direct A wards
Community Development Block
Grant/Entitlement Grant 14.218 B-02-MC-] 2-0043 $ 478,275 $ 478,275
U.S. Department of Justice
Direct Awards
Local Law Enforcement Block Grants Program 16.592 2003-LB-BX-1611 5,18] 0
Local Law Enforcement Block Grants Program ]6.592 2004-LB-BX-]572 25,376 0
30,557 0
Bulletproof Vest Partnership Program ]6.607 680-850-05-] 12,]36 0
Total U.s. Department of Justice 42,692 0
U.s. Department of Homeland Security
Federal Emergency Management Agency
Pass through award from the State of Florida
Department of Community Affairs
Disaster Grants - Public Assistance 97.036 OS-P A-G % -] 0-60-00-895 157,385 0
(Presidentially Declared Disasters) 97.036 05-P A-E=-l 0-60-02-7] 7 236,882 0
Total U.s. Department of Homeland Security 394,267 0
Total Federal Awards $ 9]5,234 $ 478,275
See notes to schedule of expenditures of federal awards and state finandal assistance.
]07
CITY OF BOYNTON BEACH, FLORIDA
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND ST ATE FINANCIAL ASSISTANCE (Continued)
Year Ended September 30, 2005
Grantor / CSFA Contract/Grant 2005 Program Transfers to
Program Title Number Number Expenditures Subrecipients
State Financial Assistance
Florida Department of State
Library and Information Services .'
Pass through award from Palm Beach County, Florida
State Aid to Libraries 45.030 03-ST -44 $ 104,023 $ 0
Florida Department of Community Affairs
Florida Forever Act
Jaycee Park Acquisition Award 52.002 04-023-1'1'4 1,709,568 0
Florida Housing Finance Corporation
Direct A wards
State Housing Initiatives Partnership Program 52.901 N/A 293,422 0
State Housing Initiatives Partnership Program 52.901 N/A 221,656 0
Total Florida Housing Finance Corporation 515,078 0
Total State Financial Assistance $ 2,328,669 $ 0
See notes to schedule of expenditures of federal awards and state financial assistance.
108
CITY OF BOYNTON BEAG-I, FLORIDA
NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND STATE FINANCIAL ASSISTANCE
September 30,2005
NOTE A - SIGNIFICANT ACCOUNTING POLICIES
The accompanying Schedule of Expenditures of Federal A wards and State Financial Assistance includes the
federal awards and state financial assistance of the City of Boynton Beach, FIorida, for the year ended September
30,2005 and is presented in accordance with the requirements of the provisions of OMB Circular A-133 and the
requirements of the Florida Single Audit Act and Chapter 10550, Rules of the Auditor General. The Schedule of
Expenditures of Federal A wards and State Financial Assistance has been prepared on the modified accrual basis
of accounting.
NOTE B - SCOPE OF SINGLE A UDlT
The federal programs and state financial assistance projects have been audited in accordance with the provisions
of OMB Circular A-133, the Florida Single Audit Act and Chapter 10550, Rules of the Auditor General, for
program transactions occurring during the year ended September 30, 2005. The City had a federal program
meeting the definition of a Type A program under the provisions of OMB Circular A-133. The following Type A
program was audited as a major federal program:
CFDA
Number
U.S. Department of Homeland Security
Federal Emergency Management Agency
Pass through award from the State of Florida
Department of Community Affairs
Disaster Grants - Public Assistance
(Presidentially Declared Disasters)
97.036
The City had a state financial assistance project meeting the definition of a Type A program under the provisions
of the Florida Single Audit Act. The following Type A program was audited as a major state project:
CSFA
Number
Florida Department of Community Mfairs
Florida Forever Act
Jaycee Park Acquisition A ward
52.002
NOTE C - CONTINGENCY
Amounts received or receivable from grantor agencies are subject to audit and adjustment by those agencies.
Any disallowed claims, including amounts already received, might constitute a liability of the City for the return
of those funds. In the opinion of management, all grant expenditures were in compliance with the terms of the
grant agreements and applicable federal and state laws and regulations.
109
CITY OF BOYNTON BEACH, FLORIDA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS -
FEDERAL PROGRAMS AND STATE PROJECTS
Year Ended September 30,2005
A. SUMMARY OF AUDITOR'S RESULTS
]. The auditor's report expresses an unqualified opinion on the basic financial statements of
the City of Boynton Beach, Florida.
2. There were no reportable conditions disclosed during the audit of the basic financial
statements of the City of Boynton Beach, Florida.
3. No instances of noncompliance material to the basic financial statements of the City of
Boynton Beach, Florida, were disclosed during the audit.
4.
There were no reportable conditions relating to the audit of the major federal program
and/ or state project.
5. The auditor's report on compliance for the major federal program and state project for
the City of Boynton Beach, Florida, expresses an unqualified opinion.
6. There were no audit findings relative to the major federal program and state project for
the City of Boynton Beach, Florida.
7. The programs/projects tested as major programs/projects were as follows:
FEDERAL PROGRAMS
CFDA
Number
U.S. Department of Homeland Security
Federal Emergency Management Agency
Pass through award from the State of florid a
Department of Community Affairs
Disaster Grants - Public Assistance
(Presidentially Declared Disasters)
97.036
STATE PROJECT
CSFA
Number
Florida Department of Community Mfairs
Florida Forever Act
Jaycee Park Acquisition A ward
52.002
8. The threshold for distinguishing Type A and B programs/projects was $300,000 for
major federal programs and $300,000 for major state projects.
9. The City of Boynton Beach, Florida, was determined to be a low-risk auditee.
110
CITY OF BOYNTON BEACH, FLORIDA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS -
FEDERAL PROGRAMS AND STATE PROJECTS
Year Ended September 30,2005
B. FINDINGS - BASIC FINANCIAL STATEMENTS
None
C. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL PROGRAMS
None
D. FINDINGS AND QUESTIONED COSTS - MAJOR STATE PROJECT
None
E. OTHER MATTERS
1. A Summary Schedule of Prior Audit Findings is not required because there were no prior
year audit findings related to federal programs or state projects.
2. A Corrective Action Plan is not required because there were no prior year findings
required to be reported under the Federal or Florida Single Audit Acts.
111
...lllll
-
CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.
CERTIFIED PUBUC ACCOUNTANTS
/,lJWAM K. CALER. JR.. CPA
LOUIS M. COHEN. CPA
JOHN C. COURTNEY, CPA, JD
OAVJDS. DONTEN. CPA
SCOTT D. DRUKER, CPA, JD
JAMES B. HUTCIDSON, CPA
JOEL H. LEVINE, CPA
JAMES F. MULLEN, IV, CPA
mOMAS A. PENCE. JR., CPA
SCOTI L. PORTER. CPA
MARK D. VEIL. CPA
505 SOUTH FLAGLER DRIVE, SUITE 900
WEST PALM BEACH. FL 33401-5948
MEMBERS
AMERICAN INS1TfUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
TELEPHONE (561) 832-9292
FAX (561) 832-9455
FLORIDA INS1TJ1JTE OF
CERTIFIED PUBLIC ACCOUNTANTS
info@cdlcpa.com
Management Letter
The Honorable Mayor and
City Commission
City of Boynton Beach, Florida
We have audited the financial statements of the City of Boynton Beach, Florida, as of and for the year
ended September 30, 2005, and have issued our report thereon dated March 17, 2006.
We conducted our audit in accordance with U.s. generally accepted auditing standards and the standards
for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the
United States. We have issued our Independent Auditor's Report on Internal Control Over Financial
Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed
in Accordance with Government Auditing Standards. Disclosures in that report, which is dated March 17,
2006, should be considered in assessing the results of our audit.
Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General,
which require that we address certain compliance and other matters in the management letter, if not
already addressed in the auditor's report on internal control over financial reporting and on compliance
and other matters. In planning and performing our audit of the financial statements of the City of
Boynton Beach, Florida, as of and for the year ended September 30, 2005, we considered the City's
internal control over financial reporting in order to determine the scope of our audit procedures for the
purpose of expressing opinions on the financial statements and not to provide an opinion on the internal
control over financial reporting. While our purpose was not to provide an opinion on internal control,
certain matters came to our attention that we want to report to you. These matters, along with our
recommendations, are as follows.
CURRENT YEAR FINDINGS AND RECOMMENDATIONS
General Employees Pension Benefit Payments (2005-1)
An employee of the City retired in fiscal 2005 and should have received benefits beginning June 1, 2005.
The retiree began receiving payments July 1, 2005 which resulted in an underpayment of over $2,000. We
recommend that a retroactive payment be made to the retiree and verification procedures be
implemented which require retiree information, including amount and first payment date, to be
confirmed by someone in addition to the payroll clerk.
112
Persorunel(2005-2)
Employee pay rate increases in fiscal 2005 were based on a cost of living increase and a score from their
arunual evaluation prepared by their supervisor. The scores are tallied on a spreadsheet by Human
Resources and sent to Payroll for the score to be manually converted to a percent increase based on a pre-
determined score chart. Payroll inputs the calculated rate from the spreadsheet into the payroll system.
However, the rate is not double checked in the payroll system after the initial input. We recommend that
someone other than the payroll clerk, possibly Human Resources, should verify the calculated increase as
well as the revised rate inputted into the payroll system. We further recommend that the final calculated
rate for the year be approved through written signature by the department head and human resources to
indicate authorization of the final rate. As these calculations have been manually performed, verification
procedures are necessary to ensure accuracy.
Purchasing (2005-3)
The City's purchasing policy requires a bidding process for purchases greater than $25,000. A purchase
order exceeding the bid threshold was approved for food at the golf course, however, the bidding process
was not performed. Management indicated that goods purchased for re-sale have not been applied to
those guidelines as the sales price can be adjusted accordingly. We recommend that the written
purchasing policy be revised to specifically state any exceptions to the general policy.
Surety Bonds (2005-4)
Surety Bonds are collected from developers for projects under construction and returned upon
completion of the project. The bonds are monitored and maintained in a liability account. The detail
listing of bonds collected and not yet returned indicated bonds dating back to 1973. We recommend that
each of these projects be investigated to determine if they are still outstanding. If the project has been
completed, the bond should be returned to the contractor or submitted to the State of Florida under the
escheat property laws. The City should establish a policy for surety bonds collected that includes proper
notification from the engineering department when a project is completed and a determination that the
bond should be returned or retained by the City. Follow up procedures should be part of this policy for
older bonds that remain outstanding with no current activity.
PRIOR YEAR FINDINGS AND RECOMMENDATIONS
The Rules of the Auditor General require that we address in the management letter, if not already
addressed in the auditor's report on internal control over financial reporting and on compliance and
other matters, whether or not inaccuracies, shortages, defalcations, fraud, and/ or violations of laws,
rules, regulations and contractual provisions reported in the preceding annual financial audit report have
been corrected. Additionally, the Rules of the Auditor General require that we address in the
management letter, if not already addressed in the auditor's report on internal control over financial
reporting and on compliance and other matters, whether or not recommendations made in the preceding
management letter have been followed or otherwise no longer apply. We noted that the comments in the
prior year management letter relating to Uncollectible Accounts Receivable (2004-1), Purchasing (2004-2),
Investments (2004-3), Approval of Journal Entries (2004-4), and General Employees Pension Benefit Calculations
(2003-2) and Monitoring Grant Requirements (2003-5) were addressed by the City or no longer apply.
113
OTHER MATTERS
Consideration of Financial Emergency Criteria
As required by the Rules of the Auditor General, the scope of our audit included a review of the
provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with
our audit, we determined that the City of Boynton Beach, Florida, has not met any of the conditions
described in Section 218.503(1), Florida Statutes during the fiscal year ended September 30, 2005.
Financial Condition Assessment Procedures
In connection with our audit of the City of Boynton Beach, Florida, we applied financial condition
assessment procedures, pursuant to Rule 10.556(8), Rules of the Auditor General, for the year ended
September 30, 2005. The results of our procedures disclosed no matters that are required to be reported.
Annual Financial Report
In connection with our audit, we reviewed the Annual Financial Report of Units of Local Government
filed by the City of Boynton Beach, Florida, with the Florida Department of Banking and Finance
pursuant to Section 218.32, Florida Statutes, for the year ended September 30, 2005. We noted that the
amounts reported in the Annual Financial Report were in substantial agreement with the audited
financial statements for the year ended September 30,2005.
Investment of Public Funds
As required by the Rules of the Auditor General, the scope of our audit included a review of the
provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection
with our audit, we determined that the City of Boynton Beach, Florida, complied with Section 218.415,
Florida Statutes, for the year ended September 30, 2005.
Budget Expenditures
As indicated in Note 2 to the financial statements for the year ended September 30, 2005, several
departmental expenditure categories exceeded budgeted amounts contrary to Section 166.241(3), Florida
Statutes.
Other Matters
The Rules of the Auditor General require disclosure in the management letter of the following matters if
not already addressed in the auditor's report on internal control over financial reporting and on
compliance and other matters: (1) violations of laws, rules, regulations, and contractual provisions that
have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or
inadequate accounting procedures; (4) failures to properly record financial transactions; and (5) other
inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that corne to the attention
of, the auditor. Our audit as of and for the year ended September 30, 2005 disclosed no such matters that
are required to be reported and are not already addressed in our management letter.
114
This report is intended solely for the information and use of the City Commission and management of the
City of Boynton Beach, Florida, federal and state awarding and pass-through agen~ies, and the Auditor
General of the State of Florida and is not intended 10 be and should not be used by anyone other than
these specified parties.
~I ~I ~,
~/P~{ V~PA.
March 17, 2006
115
The City of Boynton Beach
100 E. Boynton Beach Boulevard
p.o. Box 310
Boynton Beach, FL 33425-0310
Finance Administration
Phone: (561) 742-6311
Fax: (561) 742-6316
MANAGEMENT LETTER RESPONSES
Listed below are the City's responses to the audit comments issued in connection with the
City's FY 2004/2005 financial records.
.:. General Employee Pension Benefit Payments
· A retroactive payment for the month of June 2005 will be made to the retiree and
verification procedures will be implemented. After retiree information is received
from the Pension Administrator and input by the payroll clerk, an Audit Report
provided by our HTE software will be produced and the new retiree information will
be reviewed and confirmed by the Assistant Director of Financial Services, who
will sign off on the Audit Report.
.:. Personnel
· All employee increases will be authorized and sent to payroll through the Human
Resources Department (HR). After authorized increases are received from HR
and input by the payroll clerk, an Audit Report will be produced showing the new
employee rate information. This data will be reviewed and confirmed by the
Assistant Director of Financial Services, who will sign off on the Audit Report.
The Human Resources Department has already established procedures to have
department heads authorize and sign all rate increases to employees. This will
occur with the 04/01/06 merit increases.
.:. Purchasing
· The City believes that re-sale items are an exception to the purchasing policy.
However, since the policy does not specifically provide for certain exceptions, this
will be included as an exception when the purchasing policies are revised in the
future.
.:. Surety Bonds
· The City will review existing policies related to surety bonds and determine if
bonds listed are still outstanding. Those bonds that are determined to be still
outstanding and are over five years old will be turned over to the State of Florida.
William Mummert
Director of Financial Services
116
III.- ANNOUNCEMENTS &
PRESENTATIONS
Item C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Offiee Meeting Dates in to City Clerk's Offiee
0 April 4, 2006 Mareh 20, 2006 (Noon.) 0 June 6, 2006 May] 5,2006 (Noon)
0 April ] 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
rsJ May 2, 2006 April ]7,2006 (Noon) D July 5, 2006 June] 9, 2006 (Noon)
0 May] 6, 2006 May], 2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon)
D Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement rsJ Presentation
0 City Manager's Report
RECOMMENDA nON: At last week's Pre-Agenda Meeting the Commission asked for documentation on the date that
changes were made regarding picking up yard waste and bulk trash. This item is a summary of staff research and response to
the request.
EXPLANA TION:
HlSTORY: On April 20th, 2004 the City Commission approved a number of Code changes to section 10. Garbage, Trash
and Offensive Conditions. The modified code included changes in how we collect bulk trash and landscape waste of larger
volumes or proportions. Prior to the changes in 2004, residents were allowed to place one (I) cubic yard of vegetation waste
at the curb (see attached Agenda Item, Code Change page] 6 Special pickup) and construction debris was not picked up
unless a special pickup fee was assessed (see page] 4, item 6). Before the Code revision, residents were required to call in for
n Special Pickup. ]n addition Solid Waste Supervisors and/or a Code Enforcement Officer would assess daily routes and
would leave a "red" notification door hanger (copy attached, labeled exhibit]) on resident's doors to indicate that their solid
waste material was not picked up for the pertinent reasons. After notification the Solid Waste Division would assess a Special
Pickup fee to residents if these materials exceeded the referenced threshold requirements. (see Code Change, page 25/26).
With Commission approval of the Section 10, Code Changes, the code now allows residents to place two cubic yards of
vegetative waste at the curb and one yard of construction debris before a special pickup fee is assessed (see changes on page
14, section 4 - Yard Trash and section 6 - Bulk Trash of attached Agenda Item). This actually enhanced services to our
community because residents could dispose of two cubic yards of bulk trash at no expense (the old volume was I cubic yard)
nnd they could dispose of one cubic yard of demolition debris at no cost whereas in prior years the City chnrged a special
pickup fee for any volume of demolition debris from a residential property.
PROCESS: After the Code Change was approved the Public Works Department created a new courtesy notification hanger
(copy attached, labeled exhibit 2) to advise residents when they placed solid waste in front of their homes improperly. The
notice, as referenced, was a courtesy so that we could discuss why the material was placed incorrectly and to discuss the
various disposal options with the resident and thus allow the resident time to comply with our City Code. Once residents
receive this notification they either call the Public Works office or nre notified by a Solid Waste Supervisor to review and
approve a special pickup fee, if applicable, for all materials that are not in compliance with the enhanced rules as outlined in
S\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
the above paragraph. A special pickup form is signed by the resident (copy attached) and the debris is picked up on the
resident's next scheduled bulk trash day. Residents are charged the fee on their water bill.
11 should be noted that over the past 15-20 years residents have been given notifications on their doors to inform them
regarding debris that was not picked up for a particular reason. The forms have changed throughout the years but have served
a good purpose of notification to alert our residents about incorrect solid waste placement procedures. All these notices are
courtesy in nature and we have found them to work so well in fact that we seldom have needed to use the services of the Code
Compliance Board process to encourage compliance.
NOT]FICA nON TO RESIDENTS REGARDING SOLID WASTE SERVICES/CHANGES: We recognize that despite all
of our efforts, not all residents will be aware of the rules pertaining to Solid Waste collection from their homes. To that end,
we have utilized flyers, door hangers, press releases and water bill inserts. In 2003, we went to extraordinary lengths to place
a Solid Waste flyer and schedule on each resident's garbage cart. Our intention was to notifY residents of the rules and pickup
schedule for holidays. ]n 2004 and 2005, we chose instead to insert these flyers and schedules into water bills so that
homeowners would be aware of the rules and holiday pickup schedules.
We have attached the 2005 and 2006 versions of our flyer titled "A Guide to Garbage, Bulk Items and Recycling Collection"
that was mailed to every resident in their water bill. This guide was created and has been distributed since 2003 (various
copies attached). ]n addition the guide has been made available in the City Hall Lobby and at City Hall in the Mall. In
addition, when deemed appropriate, we also have delivered door hangers to promote activities such as Vegetation Amnesty
Week (copy attached) and had press releases.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
'je!)
City Manager's Signature
"<J'J I J)~
. /Llhll 'c- 1.~,eA5
Department Name
City Attorney / Finance / Human Resources
S:\nULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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XII. - LEGAL
CITY OF BOYNTON BEAtTEM B.2
AGENDA ITEM REQUEST Fl,J.'"-lH
Requested City Commission Date Final Form Must be Turned Requested City Commission
Mectinll. Dates in to City Clerk's Office Meeting Dates
0 April 6, 2004 March 15,2004 (Noon.) 0 June I, 2004
rxJ April 20, 2004 April 5, 2004 (Noon) 0 June 15, 2004
0 May 4, 2004 April J 9, 2004 (Noon) D July 6, 2004
0 May 18, 2004 May 3, 2004 (Noon) D July 20, 2004
Date Final Form Must be Turned
in to City Clerk's Office
May 17, 2004 (Noon)
May 31, 2004 (Noon)
n
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June 14,2004 (Noon)
July 5, 2004 (Noon)
D Administrative [gJ Legal
NATURE OF D Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
0 Consent Agenda 0 Public Hearing
0 Code compliancelLegal Settlements 0 Unfmished Business
RECOMMENDATION: Motion to approve Solid Waste Ordinance Revisions - Chapter 10 _ Garbage, Trasb and
Offensive Conditions
EXPLANA TION: Tbe Public Works staff along witb Code Compliance bave revised ordinance provisions related to
garbage and trasb within the City of Boynton Beacb. This was done for two primary reasons:
1. For the last two years, auditors bave found tbat the expenses for Solid Waste services have nearly exeeeded
revenues. Therefore, in addition to previous operation cost cuts, it is necessary to evaluate sources of
enhanced revenue. Staff is recommending increase to multi-family and commercial collection rates.
2. Staff bas found many outdated provisions within the Solid Waste Code that make it extremely difficult for
Code Compliance staff to enforce a number of provisions throughout the community. Specifically, staff has
evaluated the time frame in which bulk trash can be placed at tbe curb in response to homeowner's concerns
about the aesthetic conditions throughout the City.
PROGRAM IMPACT: See attached Exhibit A (memorandum #04-052)
FISCAL IMPACT: See attached Exhibit A (memorandum #04-052)
AL TERNA TIVES: EJect not to approve the changes and continue to lVork within the current Code. Direct staff to
evaluate potential cuts to maintain a balanced Solid Waste Fund.
~tJ - ()
De ent He@ Signature
~-
-.pJ~L c WD~\L~
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 04 _
2
3 AN ORDINANCE OF THE CITY OF BO~TON
4 BEACH, FLORIDA AMENDING CHAPTER 10.
S GARBAGE, TRASH AND OFFENSIVE CONDITIONS,
6 PROVIDING FOR RA TE MODWICA TION AND
7 CLARlFlCA TION OF LANGUAGE; PROVIDING FOR
8 CONFLICTS, SEVERABILITY, CODIFICATION AND
9 AN EFFECTIVE DA TE.
10
] ] WHEREAS. over the past several months staff has met and reviewed the Code for
12 the purpose of revising provisions related to garbage and trash within the City of Boynton
13 Beach; and
14 WHEREAS, it has been detennined that over the past two years. the Solid Waste
]5 fund balance, has exceeded revenues received for the services provided; and
] 6 WHEREAS, staff has looked at aU options available to evaluate sources of enhanced
17 revenue. as weU as identifying outdated provisions within the Solid Waste Code that make it
18 extremely difficult for Code Compliance staff to enforce a number of provisions throughout
19 the community; and
20 WHEREAS, the City Commission has detennined, upon recommendation of staff,
21 that Chapter 10 Garbage, Trash and Offensive Conditions be amended to provide for a rate
22 modification, as well as by deletion of outdated materia) and clarification of sections of the
23 Code, which will enhance the efforts of all City departments to work together.
24 NOW, THEREFORE, BE IT ORDAINED 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.
That Chapter 10 Garbage, Trash and Offensive Conditions is hereby
29 amended by adding the words and figures in underlined type, and by deleting the words and
30 figures in struck-through type, as set forth in Composite Exhibit uA" attached hereto and
3] made a part hereof.
32
Section 3.
Each and every other provision of Chapter 1 0, not herein specifically
33 amended shall remain in fun force and effect as previously enacted.
34
Section 4.
AU ordinances or parts of ordinances in conflict herewith be and the
S:\CA \Ordinances\draft ordinance\Chapler 10 - Garbage, TTasb and Offensive Conditions.doc
same are hereby repealed.
2 Section 5. . Should any section or provision of this ordinance or portion hereof,
3 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
4 invalid, such decision shall not affect the remainder of this ordinance.
5 Section 6. Authority is hereby granted to codify said ordinance.
6 Section 7. This ordinance shall become effective during the first full billing cycle
7 after the adoption of the Ordinance on Second Reading.
8
FlRST READING this _ day of April, 2004.
SECOND, FINAL READING AND PASSAGE this
, 2004.
day of
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29 (CORPORATE SEAL)
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CITY OF BOYNTON BEACH. FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
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COMPOSITE EXHIBIT "A"
Chapter ] 0
GARBAGE, TRASH AND OFFENSIVE CONDmONS*
Art. I. In General, ~~ 10-]-10-21
Art. II. Refuse, Garbage and Trash, ~~ 10-22-10-49
Art. ill. Abandoned Property, ~s 10-50-10-54
Art. IV. Reserved, ~~ 10-55-]0-6]
*Cross references Sanitation Solid Waste placed within dcpartmC1lt Devartment of
public Public WffFke Works,
~ 2-2; removal of dead animals, ~9 4-10, 4-11; nuisances arising from keeping of animals, 9
4-13; open burning, 99-3; stench bombs and other offensive matter, 9 15-11; litter, 9 15-26
et seq.; disposal of refuse and trash on beaches and in parks, 916-49.
ARTICLE 1. IN GENERAL
Sec. 10-1.
Reserved.
Editor's note-Section 2 ofOrd. No. 88-39, adopted Sept. 7, 1988, repealedformer 910-1,
which pertained to penalties and derivedfrom Code 1958, 913-42.
Sec. 10-2. Lands to be kept free from trash or filth.
The owners of lands within the ~ity shall keep the sameland and one-half of any
abutting street, alley or easement free from any accumulation of trash or filth, broken tree
limbs or branches, uncontained garbage or refuse, any containers or materials which could
hold or conceal pools of water, and heavy dense or dank growth of weeds, grass, underbrush,
palmettos, Florida holly trees, or other uncultivated vegetation, or other dead or living plant
life, which might constitute a fire hazard, serve as a breeding place for or harbor insects,
rodents, wild animals, snakes or other pests or vermin, ergive off an offensive odor, or which I
otherwise is considered to be a hazard to the health and safety of individuals residing or
working on neighboring oroperty and the genera) public. [whicb]which. shall in each
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constitute a nuisance when any parts or accumulation of growth are located within fifty (50)
feet of the boundary of any developed or maintained adjacent property located in the
corporate limits of the City of Boynton Beach. In the event accJlmulatioH or gr-owth I
:~:,ti"::jflg a flui.""c. j. d.HflM hereifl '" IOC8led llH aereage, th... aflly =~:: ::Cb is
within fifty (50) feet or less from the nearest bOllfldary shall be declared to __ _ _ _ aJ .It 1S
further found and declared that said accumulation and growth are detrimental to the economic
welfare of the adjacent property, and injurious to the public safety, health and welfare of the
City of Boynton Beach and its inhabitants. Said nuisances also adversely affect economic
growth, stability and prosperity of said city and its inhabitants. It is further found and
declared that dense, undergrowth, weeds and vegetation either cultivated or uncultivated that
are a]]owed to grow so as to impede and obstruct the normal view of intersections, railroad
crossings or traffic signs from streets, roads and highways are traffic hazards and are hereby
declared to be a nuisance. (Code 1958, S~ 13-15, 13-18, 13-27; Ord. No. 80-27, S 1, 7-15-80;
Ord. No. 82-28, S 1,9-21-82)
Sec. 10-3.Lands to be kept free from matter occasioning
hurricane hazards.
AJl lands in the ~ity shall be kept free from debris, vegetation (including trees) or ,
any other matter, which by reason of height, proximity to neighboring structures, physical
condition.} or other peculiar characteristics, might, in time of hurncane winds, cause damage I
to life or property within the immediate area surrounding the same. The existence of any
debris, vegetation or other matter as shall create such a hazard is hereby declared to be a
nuisance. (Code 1958, ~ 13-17)
Sec. 10-4. Inspection of lands to detennine violation.
The ~ity manage!' Manager or his--the designated representative shall, as often as
may be necessary, inspect lands within the ~ity to determine if violation of this chapter
exists. (Ord. No. 89-47, S 1, 12-5-89)
Sec. 10-5.
Notice of violation required.
If the ~ity manager Manager or IH&-the designated representative 5halkfetermine~
that a public nuisance exists.1 in accordance with the standards set forth in these sections on
any lot, tract, parcel. or other real property, within the ~ity, whether improved or
unimproved, hethe City Manager. or the deshmated reDresentative, shall forthwith notify the
owner of the property~ as the ownership appears upon the last complete records of the county
tax assessor. The notice shall be given in writing by first class mail. postage prepaid, which
shall be effective and complete when properly addressed as set forth above and deposited in
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the United States mail with postage prepaid, and shall be considered sufficient notice. In case
of multiple or joint ownership, service as herein provided on anyone (1) owner shall be
sufficient. The personal hand delivery by the ~ity manageI' Manager or hHrthe designated
representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed
notice is returned by the postal authorities, the eity-Q!Y-managcr Manager or ffls---the
designated representative shall cause a copy of the notice to be servedhand delivered upon the
occupant of the property~ or upon any agent of the owner thereof. In the event that personal
service upon the occupant of the property or upon any agent of the owner thereof cannot be
performed after reasonable search, the notice shall be given by a physical posting of the
notice on the subject property. (Ord. No. 89-47, ~ 2, 12-5-89)
Sec. 10-6.
Content and form of notice.
(a) The Notice provided for in section 10-5 shall notify the owner of the land of the
following:
(1) That !it has been determined that a public nuisance exists on histhe land,
and what constitutes that nuisance.
(2) That +!he owner of the land shall have a maximum of no more than ten
(10) days or \vhatever other reasonable time as determined b: the offense
and the ludanent of the City Manaeer or tha dasienated ra rescRtative.
from the date of receipt of the notice to remove the condition causing the
nuisance on the land.
(3) That !if the conditions are not corrected or removed, the ~ity shall I
have them conditions corrected or removed at the expense of the owner,
including. but not limited to all administrative and inspection costs.:.-ef
inspection and administration.
(4) That +!he owner(s} have no more than a maximum of ten (10) days eF
'llhate'ler other r~asOf)abJa time as deteanined bvtha e>ffense and the
iudement of the City .Manager or the aesigBatea .sentati'le from the
date of mailingreceipt, eF-deliverv. or posting of the notice to bring the
property into confonnance with the City's Code of Ordinances. to file a
written petitionavpeaJ tewith the ~ity manager Manager or designee
for a hearing before a three-person appeal Danel. beardThe three-person
appeal panel which shall be composed of the ~ity ffiftflagerManager,
the director Director of publio Public \YarkswWorks, and the eede-Code
compliance Compliance administratorAdministrator, or their designees.:.
The , which hearing regarding the owner's aDrea] shall be held within ten
five (.w~ days of the date the petition is received by the ~ity
managcfManager.
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(5) That the written appeal shaH address the fonowing issues:
,.~~
(a) Whether the conditions do in fact exist;
(b) Why the City should not abate the conditions on the property, aw-at
the expense of the owner, and
(c) The time limits for the abatement.
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ffi(6) That the source of the condition shall not be a defense a2ainst the
requirement that the condition shall be abated by the owner.
f6t(7) That Iif.. after a hearin& the board detennines that the conditions which
exist on the property constitute a public nuisance, the board may f!fant the
owner of the property such shall have an additional time maximum of
seven (7) days or whatever such time as the board should deem as
appropriate to correct or remove the conditions after which the ~ity
shall have the right to have the conditions abated at the expense of the
property owner. If the owner does bas-not requested a hearing within the
deshmated time allottedten (10) days, the ~ity shall have the right to
have the objectionable condition corrected or removed at the expense of
the owner. If the ~ity has the condition abated and payment is not
received within thirty (30) days after the mailing of a notice of assessment
for the cost of the work together with aU costs of inspection and
administration, the eCity shall have a lien placed against the property for
the cost of the work, including inspection and administration costs, plus
interest at the rate of eight percent (8~ per annum. percent, plus
reasonabJeattomey's fees, and other costs of conecting the sums, without
further hearing by the board or commission.
tbtThe notice reqllired by section 10 5 shan be in substantially the follov,'ing ferm:
NOTICE OF PUBLIC NUISANCE
!>ate
TO:
ADDRBSs:
~~~~ords indicate that YOll are the o''vner(s) of the following property in BO)lflton
Beach, HeBda:
(describe property)
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You are hereby notified that the City Manager or his designated representative of the
City of Boynton Beach, Florida, has on the day of
, 19 , determined that a nuisance exists on your
property in '1iolatioH of sectioH of the City of Boynton Beach Code of
Ordinances. The nuisance is mom particularly described as folJmvs:
(describe nuisanco)
You, as the owner/owHer(s) of the abo'le described property have ten (10) days from
the date of this notice to correct or to remove the conditioH causing the nuisaHce from tho
proporty in order to comply with the above referenced to eit)' ordinance. If the conditions aro
not corr{)cted or removed within this time, the City of Boynton Beach shall proceed to corr-ect
or remove the conditions at the expense of the owner/owner(s) of the property, which
expense shall include the costs of inspection and administration.
You also ha'/e the right, within seven (7) days from the date of this notice, to file a
written petition with the City Manager or his representative for a hearing before a three
P,""OA hoan! 'OlBpased of the City Manager, the Dimc.or of Puhl;. W or~ .:r:' ::: lIle
Duector of RecreatlOn and Parks, or therr deSIgnee, WhICh heanng shall b h .. I n
(10) days of the date the petition is recei'/ed by the City Manager.
The ;..ue. to he ae'.TlBiAed III .aid heOfing ... whetller Ill. .outlilieAs <10 in fac~ O;;:~
!Old why the contlilious shoula net be ahaled hy the City. at tile ""pen,e of the :::':::;:
~A~~' ~~~~~ for such abate~ent. The SOllr-ce of the conditIO" shall not be a dere 8:l
FeqUlremoot that the cOndltlOn shall be abated by the O'NHer.
~ ~~: ~~ng the board determines that the conditioHs which exist on the property
constitl:lte u public nuisanoe, the o\vner or owners of the property shall have an additional
::: ~) ~..:.~ ~~t or ....eve 'he condili""s after which 'he City ;':3::==;;, te
ha':e the Conditions abated at the expense of the pr<>perty OWfleT. If the.
r~lle~ted a heari8~ ':vithin seven (7) days, the City shall have the right~ h~~:e .
=~~~~ ~outlilton ._ed or ....""08 Btlll. ..pense of tile 9W r. h CIty ::: lIle
::~:: ~~a !OIa payment i. not FeCeivea within tIlifty (JIl) aayB after tII-:' ~~ ~_..
~~~ of ass....men. for tile oost of ,ucll work .ogctller WI.h 011 00'" of .""peett . ;:;,
admi....tmtion, tile City shall hBv. a liea plaeoa again.t the J'TOIlOftY fur.i: ';;;:"..::;:ork,
~~~:~.tion Bnaa_nislfalien eoslS, plu. interest at the Tn: ~ ::~~u: '
plus reaGonable atterney's fees, and other costs of collecting SaId Sll S,). _
hearing by the board or City Commission.
CITY OF BOYNTON BEACH
BY:
City Clerk
(Ord. No. 89-47. ~ 3, 12-5-89; Ord. No. 02-033, ~ 1,8-20-02)
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Sec. 10.7.
Hearing.
(a) The owner of the property shall have the right, to file a written petition with the
City ManaRer for a hearinR no later than within a maximum of ten (10) days eF
whatever other reasonable time as determined b'l the offense and the judgment of
the City M.anager or the desi?Jlated Fef)I'esentative from the date of the notice of
public nuisance provided for in this chapter:. to file a written petition with the city
.Q!Lmanager Manager for a The hearing shall be held_before a three-person board
composed of the ~ity managerManager, the director Director of pub}je Public
works WorkslEn~neer and the code Code compliance Compliance
administratorAdministrator, or their designees-,-, which The hearing shall be held
no later than within ten (10) days after the City Mana~eT receives the vetition.ef
the date the petition is received by the city Qn:.manage ~!BDager.
(b) The issues to be detennined at the hearing are whether the conditions do in fact
exist.. and why the conditions should not be abated by the ~ity at the expense
of the owner, and the time limits for the abatement. The source of the condition
shall not be a defense against the requirement that the condition shall be abated by
the owner. (Ord. No. 89-47, ~ 4,12-5-89; Ord. No. 02-033, ~ 1,8-20-02)
Sec.l0-8.Abatement by eCity; notice of estimated cost.
(a) If... after a hearing, as provided for in section 10-7, the board detennines that the
conditions which exist on the property constitute a public nuisance, the owner of
the property shall have an additional maximum of seyen (7) days or whatevef I
5tiehaddiitonal time as the board should deem as appropriate to remove or correct
the conditions. after which the eCity. throHgfl the eity administration or agents OF
contractors hired by the city administration shall have the right to have the
conditions abated at the expense of the property owner. H the owner has not
requested a hearing witliiR so""n (7) daylllho a1IRlled lime, the ~-IDr, := I
:he - city ~adminiBtration or agents or eoof:Factem hired by the ci- _ ~
administf8ti~ shall have the right to have the objectionable condition corrected
or removed at the expense of the owner. If the ~ity bas the condition abated
and payment is not received within thirty (30) days after tbe mailing of a notice of
assessment for the work together with all costs of inspection and administration.
the ~ity shall assess the costs have a Ji8R plaeed against the property fer the
oost-of the work, a~ainst the property as provided in this Chapter, including
inspection and administration costs, plus interest at the rate of eight percent (8~
per annum perceJlt. plus reasonable attorney's fees. and other costs of collecting
the sums.:, '....ithoHt fur.ber hearing by the beard or ~eommi&sioHCommi&sion.
(b) Sevefl (7) days pEtior to the condition being corrected by, or at the cause of, I
the eCity, notice shall be delivered or sent by first class mail. postage prepaid. .to
the owner apflrizingnotifYing the owner of the estimated cost of abating ememthe
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condition. In the event the city ~lldministr~tion contemplates having the
condition corrected by a contractor, the notice shaH contain a li&t of the prices bid.
In the event the city ~administrotion contemplates having the condition
corrected by the city Qrrpersonnel, the notice sha]] set forth the estimated charge
which will be incurred. Nothing herein shan be con&trued to prevent the city!d!Y
administration from exercising its di&cretion of \vhether to increase or decrease
charges based on cost or bid considerations or utilize a means other than that
contemplated ill the notice provided for in this section to abate the condition
violative of this chapter. (Ord. No. 89-47, ~ 5, 12-5-89)
See. 10 9.
Abatement bid proeedure.
(a)The city. Oft an annual basis.shall obtain competiti'/e bids at intervals no less than
yearly for an hourly rate for services entailed in carrying out the abatement of
nuisances under this chapter. The successful bidders &hall be required to provide
insurance and bonding as deemed in the beGt interest of the City. the dty .Q!y
deems advisable. The city shall notify all bidders of the most responsive.
responsible bidders. price of the lowest bid and thooothe most resf>onsive~
responsible bidders who agree to penoon services at the low bid price shall b~
placed on a list for use in nuisance abatement.
(b )The city shall prepare an estimate of Ute number of hourn needed to abate each
nuisance. If the person or company abating the nuisBflce exceeds the estimate by
more than fifteen (15) per~ent, the cQity shall investigate to determine if the
additional hours are justified, and shall make 8 report of its findings to the
building official. The ~uildiflg official shall negotiate any diserepBflcies in
biJJing "'lith the contractor. If the matter cannot be resolved, it shall be referred to
the eity manager whe shall be the final arbiter of the billing dispute. A copy of
this section shall be attached to the bid documents so that all bidders are advised
that biUing disputes wm be resolved in this manner. (Ord. No. 89 <17, ~ 6, 125
~
See. 10 10.Bidding BBd eon trading previsions pr~emptive.
The bidding Bfld contracting pro'.<isions set f()rth in this chapter are preemptive of aU
bidding, pur ^Chasing, and oontracting provisioRs of this Code for purposes of this chapter.
(om. No. 89 47, ~ 7, 12 5 89)
Sec.1O-H2.Assessment of costs, interest, and attorney's
fees; lien.
As soon as possible after the abatement takes place. as is feasible, the ~ity
manager Mana~er shall report to the City commission Commission the cost of the abatement,
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including the costs of inspection and administration. Thereafter, the COITlffiJSSlOn City I
Commission shan.. by resolution. assess the cost~ against the subject parcel. This resolution
shall describe the property assessed, show the cost~ of the abatemc:nt, including costs of
inspection and administration, and indicate that the assessment shall bear interest at the rate
of eight percent (8~ percent per annum plus, if collection proceedings are necessary, that the
property owner would be required to pay the cost of the proceedings including a reasonable
attorney's fee. This resolution shall become effective thirty (30) days from the date of
adoption, and the assessment contained therein shall become due and payable thirty (30) days
after the mailing date of the notice of the assessment. In the event that payment has not been
received within thirty (30) days after the mailing date of the notice of assessment, the city I
City ~Ierk shall record a certified copy of the resolution in the public records of Palm
Beach County, the county, and upon the date and time of recording the certified copy of the
resolution, a lien shall become effective on the subject property which shall secure the cost of
abatement, including costs of inspection and administration, and collection costs including a
reasonable attorney's fee. At the time the ~ity e1efk..Clerk sends the certified copy of the
resolution for recording. the Clerk shall also notify the DroDerty owner that the City is
recordin a certified co of the resolution in the ublic records of Palm Beach Count .6
notice shall also be moiled to the property OV.'flBr.: in substantially the fol1o\ving form:
NOTICE OF LIEN
Pate
TO:
ADDRESS:
Y.o am hereby .dvise<! tIlat tIl. City of B.)'llI8ll B_h <till ~:: .:::,::
~ · 19 . abate the ""'";;; e :;:: ~:: 10
=:'=:'~Y. Th. OaiB8l1..;":.:.ate~: ~~-::=~~:~
:S~~;~~~r"OO":':~sbBg~'n:::~=E::;
==; =:. =~~: :'.?~.""""J_IS . =n:
=;::~~~_~.r the atloohc~:I=:'~ :==:::::::"~_
~;;:;C~=:!~I,:::~=:.=iit=~U:
E::;;=:;~~,~~e .JeI.... th_ei;~ ===:.
property, the resefding cost of '.ylnch shall be beme by )'ou.
CITY OF BOYNTON BEACH
BY:
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City Clerk
(Ord. No. 89-47, S 8, 12-5-89)
Sec. 10-1-210.
Enforcement of assessment.
The ~ity may enforce the assessment by either an action at law or foreclosure of
the lien provided in section 10- 11, which shall be foreclosed in the same manner as
mortgages are foreclosed under state law. In either type of action, the city shall be entitled to
interest at the rate of eight percent (8:&) per annum percent from the date of assessment, in
addition to collection cost~, and reasonable attorney's fees.
(Ord. No. 89-47, S 9, 12-5-89)
Sees. 1 O-lJll-l 0-21. Reserved.
ARTICLE II. REFUSE, GARBAGE AND TRASH*
*Editor's note-Ord. No. 82-29, * 1, enacted Sept. 21, 1982, repealedformer Art. 11, ** 10-
22-10-39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. 11,
pertaining to the same subject matter. Former Art. llwas derivedfrom Code 1958, SS 13-2-
13-6, 13-9, 13-11, 13-13, 13-33-13-41, and Ord. No. 80-20, S 1, adopted June 3,1980.
Sec.10-22.City to collect and dispose of garbage;
supervision; regulatory authority.
AJI refuse. garbage.1 and some trash of all types. and horticultural refus6ve~etative
trash. recycline. construction and demolition material accumulated in the ~ity shall be
exclusively collected, conveyed and disposed of by the ~ity under the supervision of the
publio V"Orlffi mFeotorDirector of Public Works. The publio works director Director of Public
Works shall have authority to make administrative regulations concerning the days of
collection, type and location of waste containers and such other matters pertaining to the
collection, conveyance and disposal not otherwise set by the ~ity commission
Commission or the ~ity mBflager Manager as he shall find necessary, and to change and
modify the same after notice as required by law, provided that such regulations are not
contrary to the provisions hereof.
(Ord. No. 82-29, S 1,9-21-82)
Sec. 10-23.
Definitions.
For the purpose of this article, the foUowing words and terms are defined as foJJows:
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Additional pickup means a coJJection of garbage, combustible trash, noncombustible
trash. or yard ve,getative trash, or bulk trash required due to the inappropriate
container, lack of containerization and/or size or type of material placed out for
pickup. Service charges shan be assessed a~ainst the customer for additional oickups.
Commercial means any public or orivate places, buildin~ and/or enterprise or ef
business devoted in whole or in oart to a business enterprise. whether nonprofit or
profit-makin~ in nature. including, but not limited to hotels, motels, restaurants,
offices, industries, stores, markets, theaters. hospitals and other institutions locations
which hold themselves out to the public as places of business, services or
accommodations.
Containers or receptacleslSinf?k F{lmilv/Sin~l-c Family:
(1) "Noncontainerized" means the use of a standar-d truIt)' three (33) gallon or less
garbage can constructed of light gauge steel, galvanized metal or plastio with a
tight fitting lid; sach receptacle to have t'1/0 (2) handles uron the sides thereof OF a
~~:~a~l~ ~ale by which it may be readily lifted for the purpose of easily emptying
into a sanitation vehicle "roJJ-out cart" orovided by the City for the use of ~arbage
collection purposes. The cart as defined will be of a special design and
construction as to allow for the mechanical or automation of collection of garbage.
(2) "Containerized" or "Dumpster" means a detachable metal container provided by
the city designed and intended to be mechanically dumped into a packer-type
sanitation Solid Waste vehicle and varying in size from two (2) cubic yards to I
eight (8) cubic yards adaptable to ~ity equipment. This type receptacle is
normally associated with collection service for Commercial or Multifamily
developments.
(3) "Containerized or Dumpster with wheels" are containers supplied by the
occupants. business, or institution who choose to use them inside buildings and
roll them to the designated outside location for pickup. This tYpe receptacle is
normally associated with multifamily or commercial develo{>ments.
"Com actor" is a mechanical device to acce t arba e trash and other t s of
materials. mechanically press or compact the material into a more dense form. and
to be serviced by City trucks desimled for such operations. The compactor shan be
the oroperty of the business. institution. or customer. and shall not be owned,
maintained, or repaired by the City. The City shall service the compactor to the
extent of collectin~ and diSpOsal of the material, and will not be responsible for
the mechanical operation, repair. enerev to operate, or longevity of the device. The
customer shall be resoonsible for consuItin~ with the City Prior to purchasing a
comoactor to assure the comoactor and the City trucks used to service the
compactor are comoatible. Failure on the part of the customer to conduct such
coordination shall not waive the reQuirement that the compactor is to be serviced
b Ci e ui ment. The Cit will bear no res nsibili for modi 'n either the
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compactor, or its equipment to offer the necessary service. This type recePlacle
can be associated with commercial, mobile home parks, or institutional tYpe of
customers.
5 "RoB-out arba e carts" are s cialized arba e carts rovided exclusivel b the
City as a part of the residential garbage collection service. The carts are of a
design that would allow the City to mechanically collect the garbage, or to
automate the garbage coBection process.
6 "RoB-off containers" are various sized metal containers s ciall desi ed for the
coJJection of noncombustible trash, construction, demolition, cleaning,
renovation, industrial or garbage wastes, normally associated with construction
proiects or special events. The containers are vrovided by the Citv upon re~est
and qualification of the customer, and shall be serviced by the City exc1usiveC on
an as needed basis.
(1)'<Specialized refuse bag" means an approved 'lIaterpr-eof paper Oi plastic bag
desigBed to recei'/e the equivalent of llllrty three (33) gaUons of mfase.
Dispose means to deliver to approved landfiJJ or transfer station or other approved
disposal method.
Director of Public Works means the Director of Public Works and/or the duly
authorized agent.
ReCYclinJ! means any process by which solid waste, or materials which would
otherwise become solid waste, are collected. separated. or processed and reused or
returned to use in the form of raw materials or products.
Refuse shall mean any or all of the following: garbage, combustible trash,
noncombustible trash, and yard vegetative trash, contaminated yard trash. bulk trash. j
construction and demolition material, hazardous, industrial waste, infectious waste]
and recycling material._ Such items are hereby further defined as follows:
(1) uGarbage:" Every accumulation of animal, fruit, or vegetable matter that attends
the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or
vegetables, and any other matter, of any nature which is subject to decay,
putrefaction and generation of noxious or offensive gases or odors, or which,
during or after decay may serve as a breeding or feeding material for flies or other
germ carrying insects; and any bottles, cans or other containers, except recyclable
containers, which due to their ability to retain water, may serve as a breeding
place for mosquitoes or other insects. Garbage shall not include human solid
waste. Garbage is collected from each residential unit in the City twice a week, I
and from each commercial establishment as requested by the customer or as
required bv the Director of Public Works when public safety or appearance is
jeopardized.
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(2) "Combustible trash:" Accumulations of paper, rags or wooden or paper boxes,
sweepings, small appliances, furniture, toys, and other acc~mulations of a nature
other than garbage which are usual to housekeeping and the operation of stores,
offices, and other business places up to an accumulation of one cubic yard.
Accumulations of ~eater than one cubic yard of this material will be considered
as bulk trash. Combustible trash shall be collected on scheduled pickup days once
a week at all residential units throumout the City.
(3) "Non::combustible trash:" Materials that are not burnable at ordinary incineration
temperatures, such as metals, mineral matter, metal furniture and auto bodies and
parts, dirt, bricks, pavine and other types of buildinl! or demolition materials. The I
City shall not collect non-combustible trash on a scheduled, routine basis.
I
(4) "Yard trash:" Shall mean vegetative matter resulting from gardening, landscaping
maintenance and land clearing operations including accumulation of lawn, grass.
shrubbery cuttings, dry leaf rakings. palm fronds. small tree branches not to
exceed four (4) inches in diameter or four (4) feet in length. Accumulations of
subject material up to two cubic yards shall be considered as "yard trash".
Accumulations in excess of two cubic yards or the material, or shall be considered
as bulk trash. Yard trash shall be collected on scheduled pickup days once a week
al all residential units Ihroughout the City. All yard trash generated by J>rivatel~
contracted yard services shall be considered as commercial material and shall be
disposed of by the private contractor res-ponsible for eeneration of the material.
5 "Contaminated ard waste:" Shall mean an ard and arden waste ile
containing material other than containerized fmlSS or leaves, shrubbery cuttines: or
veeetative matter of any tYpe incidental to the care of residential lawns and
~ardens. incJudine limbs and branches less than four (4) inches in diameter or four
(4) feet in length.
6 "Bulk: trash:" Shall mean lar e ob'ects and items however not necessaril limited
to the following: washers. dryers. furniture (including mattresses and springs),
rugs, cabinets. wooden boxes, and other tYpes of household items of size and
volume less than two cubic yards. Bulk trash shall also include owner generated
construction debris less than one (I) cubic yard Also included shall be trees, tree
stumps. and tree limbs less than four-(4) inches in diameter and less than four (4)
feet in len exce t for alm fronds and the accumulation of such ard waste
tYpe material Jessi>> excess of than-two cubic yards.
7 "Construction and demolition material:" Common) referred to as C&D debris,
shall be any bYproduct material from either the construction or demolition or
remodeline. or repair of any type buildine. structure, or roadway, or driveway
materials. Material would commonly contain. but not be limited to. san<l building
materials, rubble, stone. brick. earthwork. paving materials. concrete. blocks,
w roofin materials or aU metal i in halt dirt rocks HV AC
S:\CA \Ordinances\draft onliDaDce\Cbapter 10 - Garbage, Trash and Offensive Conditions_doc 14
J ducting, heating and air condilioninR eQuipment, plumbing fixtures and the like.
2 This material wiH not be coJJected routinely by the City. The customer should
3 contact the Director of Public Works to schedule the removal. or arranee for a
4 ron-off container to be provided but the City. The cost of this service will be in
5 accordance with the type of materials and the cost of associated disposal.
6
7 (8) "Hazardous material:" Shall be any type material or product whose chemical or
8 biological nature make it dangerous to the human health if disposed improperly,
9 or that could cause harm to the environment. This includes any material which
10 requires special handling due to its acute or chronic effects on air and water
lJ quality. on fish. wildlife. or other biota and on the health and welfare of the
12 public. includine but not limited to explosives, patholo~cal wastes. radioactive
13 materials, oil based paints. thinners, fluorescent bulbs. auto fluids, pesticides.
14 flares. pool chemicals, sbarps or needles. batteries. and acidic, caustic. toxic or
15 hililily flammable chemicals. The City will not collect hazardous material on any
16 regular Solid Waste services. Arrangements for the special disposal shall be made
17 by the customer for the proper. safe. and legal disposal of hazardous material by
18 calline the Solid Waste Authority.
19
20 (9) "Infectious waste:" Is any tyPe of waste material resultine from the operation of
21 medical clinics, hospitals. abattoirs. and other facilities producine waste which
22 may consist of human and/or parts contaminated bandages, patho)ocical
23 specimens. hyoodermic needles. contaminated clothing and surcical gloves. The
24 City will not routinely collect infectious waste. Arram~ements for special disposal
25 shaH be made {lrivately by the customer for the proper. safe. and legal disposal of
26 infectious waste accordine to standards within the relevant industry.
27
28 (0) "Recyclable materials:" Shall mean newspaper (including inserts). aluminum.
29 plastic containers. class bottle and iars. milk and juice cartons, asePtic containers,
30 corrugated cardboard, brown paper bags. mixed paper, tin. and ferrous cans.
31 household dry-ceIl batteries (no wet-cell batteries) and other tyoe materials that
32 have known recycling potential. can be feasibly recycled and have been diverted
33 and source separated or have been removed from the solid waste stream for sale.
34 use, or reuse as raw materials. whether or not the materials require materials
35 would include items that are capable of bein2 recycled and which would otherwise
36 be processed or disposed of as solid waste. Recycled material shall be conected on
37 a scheduled routine basis from each residential unit in the City.
38
39 Residential dwellinf! unit means any structure or shelter. house. apartment. building,
40 or any part thereof used or constructed as a m&ioo:noofor human habitation and shall
41 include bath and culinary accommodations for one or more families.
42
43 (1) "Sincle-family Dwelline:" means a residential dwellin~ unit designed to contain
44 only one (l) family. or any residential dwelling unit. or any number of residential
45 dwelline units receivint! Solid Wasle service for each individual dwelling unit.
46
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Sanitfltiel'l supervisor Director of Public Works means the direotor Director of ~
Public "'/lorks Works and his-the duly authorized agents of the Director of Public
Works.
Special pic/cup is a oollectionshall be ef materialsresulting from a can from residents
to the publio v,'orks department to arrange a "Sf>cciaI piokup" for items not coIIceted
weeklyroutinely. Such pickups inolude the foJIowing items: VI ashern, dryers, :furniture
(including mattress and springs), rugs and other household items. Horticultural refuse
larger than one cubio yard wiH also have to be arranged by the resident with the pablie
works department. Special pickups wiIJ be coordinated with the resident and the
sanitation supervisorDirector of Public Works as to time, place, date and items to be
picked up. Items to be picked up wiIl not be deposited at curbside more than 24 hours
prior to approval the scheduled of the sanitation supervisorspecial pickup. AlJ special
pickups shall be at additional cost to the resident. An estimate of the cost of the
special pickup should be obtained by contacting the office of the Director of Public
Works. Special pickups will be made as soon as practicable upon acceptance of the
cost estimate by the owner.
- Waste material means and includes sand, wood, stone, brick, cement, coner~te,
construotion blocks, roofing and other refuse building materials usually left o'/er from a
=~ti~~~~~emodeling project also tr-ees, tree smIDfls, tree limbs larger than foor (1)
inchos in diameter and JORger than fDur (1) feet in length, except palm fronds.
(Ord. No. 82-29, ~ 1,9-21-82; Ord. No. 92-12, ~ 1,6-2-92; Ord. No. 94-28, ~ 1,9-9-94)
I
Sec.lO-24.sin2Ie Familv Residential 1l01le9BtaiDcrized
Refuse coDedioBColJection.
I
I
(a)The ocoHpant of each household in the city is hereby required to provide refuse
~~~~~~ of suffieient capaeity to Rold four (4) days' aeellmulation of garbage
and loose trash from each household.
~(a) The sCity will collect noncontainerized residential refuse under the following
conditions:
(1) Garbage and combustible trash will be collected twice per week at curbside .
only from each single family residential unit&, in the City provided with roll-
out :arba~e carts. ~ystandard thiny hve gallon gafbage ;ans or sealed bags
place~d within five (5) feet of curbside. The placement of household garbaf!e in
a loose and uncontained manner on the roadside. swale or other locations
adiacent to the roadway with the expectation of collection shall be strictly
prohibited. Maximum total weight per fun container shall Rot $.ceed thirty
the (35) pooods. All material intended for disoosal with the ron-out f!arbage
S:\CA \Ordinaocesldraft ordinance\Chapta 10 - Garbage. Trash and Offensive COIlditions.doc 16
1 carts shall be placed inside the cart, and the lid of the cart must be closed. All
2 containen; refuse cans and carts shall be aboveground, placed off the street,
3 but within three (3) feet of the curb or ed2e of pavement and shan be located a
4 minimum of five (5)three (3) feet from any obstruction that may interfere with
5 routine collection. Underground oOfJtainers may be used for storage of
6 gm-bage, but must be placed above groUl'ld on collection days. Yard trash and
7 combustible trash will not be collected with household garbage, but will be
8 picked up once per week on a scheduled trash pickup day. Yard trash and
9 combustible trash capable of being containerized should be placed in a
10 standard garbage can, roll-out 2arbaee cart. plastic bag. or disposable
11 container. Yard trash must not be commingled with household garbage.
12 Collection of yard trash should be piled separately from all other trash at
13 curbside. Any mixin2 of household earbaee. combustible. noncombustible, or
14 bulk trash with the Yard trash shall be strictly prohibited. Placing of yard trash
15 or combustible trash in the paved area of the street or on vacant lots is
16 prohibited. Construction debris, auto, truck or motorcyele parts and hazardeus
17 waste material will not be picked up by the city and O'....EefS must make
18 arrangements for proper disposal.Materials classified as hazardous material
19 will not be colJected by the City. Household garbaee, trash or any type of other
20 material intended for collection. shan not set out prior to 6:00 PM of the day
21 {'roceedine the scheduled pickup.
22
23 (2) All garbage cans provided by the individual customer shall be subject to
24 inspection and approval by the public works director Director of Public Works
25 or his designatedesignee at all times. A container not approved by the pubJi&
26 works diFeOtorDirector of Public Works and which is set out for collection
27 will have a notice placed upon the container, handed to the owner or occupant,
28 or left at his residence and the occupant shall no longer use the container for
29 collection.
30
31 It shall be uflJa':1ful for any person to place, ifl suoh unapproved container, any
32 garbage or other material aHd the owner or OCCl:lp8Rt of said premises shall
33 proyide a new container to take the place of the l:lflaplWo'/ed can.
34
35 (3)All yard trash shall be placed in approved contaifleFS or bundled for piolrnp. No
36 loose material, such as leaves, grass clippiflgs, hedge olippiflgs, and yard
37 sweepiflgs shall be set out f-or collection.
38
39 f4}(3) Special waterproof disposable refuse bags or any other containers may
40 be used for vegetative materials. When such bags or any other containers are
41 used, the responsibility for protection of either the bag or the container and the
42 contents shall rest with the individuals occupyine or residine on the property"
43 oocupants. Rupture of.. or damage to the bag or container.. from any cause
44 which resu1~iBg-jn the scattering of refuse prior to the anival of City
45 collection personnel wiIJ obligate the user to reassemble all of the refuse in
46 and pF-o'lide an undamaged bag or container prior to pickup by the ~ity.
S:\CA \Ordinances\draft ardinauce\01apler 10 - Garbage, Trasb and Offensive Conditions. doc 17
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f'il(4) Yafd ..ash loa large for <aataia"", aHd <oasisliHg :: ::: ::::::
~-:=' ~~. tnmnllagB, et<, shall be <-lit la lengths a ~e ==
~ f~ ~~d not more than foW" (4) inCHes in diameter. (Len~;h ;i~ .
Hat apply to palm fronds.) Accumulations of yard trash shall be stacked in
compact piles not to exceed two (2) cubic yards in volume at curbside within
the confines of residents' or owners' side property lines. Deposits of refHseyard
trash shall not obstruct pedestrian or vehicular traffic. The ~ity wiH not
conect yard trash produced from commercial tree trimming operations,
landscape and lawn maintenance operators. Tree trimmers. or privately
em 10 ed tree trimmers tree arborists landsca contractors and 0 rators of
tree and shrub maintenance services shall remove all trash and debris
from the premises upon which they are workine. including but not limited to
limbs. tree trunks. roots. shrubbery clippines. and other debris emanatine from
their work. DiSpOsal of yard trash produced by commercial operations or those
paid to conduct such operations shall be strictly prohibited. No remseyard
trash shall be placed on property owned or occupied by others without
penrusslOn.
(6)~~:~~~0~~~ of y:~te material of any t),130 shan not be permitted to mmain in
street nght of way m &xcess of fOMr (<1) days.
(7):;:~~~t:'.' shall either b. WRllllled ill P?: ::'0: :::~::-: ~
::.e ~ or """dlea so lbat leakage from < ::;;:;;:;: :::: . I
~e, ofter hlMag h.... so eared for shall be dad) I.. :~
~::."': ~;U7:::r~~:: ~:~,::e~:la~:::,~~: r::alIbe
E.;;~~ it bee....... aeeoos"'Y '.Iill Ill. <==..: .;
~~~~e?R the cORt~ner or for the P\UPOS0
saRtamer mto a disposal yel:uele.
f8.)(S) Ne-FRefuse cOfltaiRer containers, cans, eFand carts shall not be kept or
maintained upon or adjacent to any street, sidewalk, parkway, front yard, side
yard or other place within the view of persons using the ~ity's streets or
sidewalks, except as provided herein. .' &x<e: :~ ::e; :0 =: ~.:
==~":'.- ~~ ~:~~ =... ~.:;::'::',=h -==- ""':
E=~z~~.:~==:::.=:=;
:E.::i; ;:; .:"'Iy fer ""a dim,,!: lit. peFiaa of;;':; .k.; ..;:::=
sueh eaIJeehaB IS made. Protecllon of the contamers placed for colJcellon lS
the responsibility of the resident.
(9)_~~p shall he .a.FdiRa'ea ",ilk th. _dent ""a the ":':::: I
..;~.;- as to tim., pla"". ""'" ""a ilema to be pieked ..;. -D;;... ,".~611
S:\CA\Ordinancesldraft ordinaoce\Chapta 10 - Garbage, Trash and Offensive CODdi1ions.doc
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up will Flot be deposited at curbside prior to approval of the sllflitation
supervisor.
(Ord. No. 82-29, S 1,9-21-82; Ord. No. 92-12, Ss 2-4, 6-2-92; Ord. No. 94-
28, S 2, 9-9-94)
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6 Curbside residential rec din service will be ven to each residential
dweUing unit with the City, once a week. The City shall provide each resident
with two (2) recycling bins or carts. One shall be used for the accumulation of
plastic containers. glass. aluminum and other allowable co-mingled materials.
The other shaH be used for newspaper, magazineS. "'ossy paper. office~
paper. and cOlrugated cardboard. The bins shan be set out on the desi_ated
collection day.
The res onsibilit for ro r lacement and re aration of solid waste
materials for collection shall be that of the resident of the dwelling unit. It
shall be unlawful for any person. upon vacating or moving from any dwelling.
storeroom. or any other building in the City. to fail to remove all garbage:
rubbish. and debris from such building and premises. and l!founds appUrtenant
thereto, or to fail to place said waste in an approved sanitary container for
disposal in accordance herewith. Failure of a renter. lessee, and/or tenant to
comply with this requirement shall obligate the Property owner of record to
fulfill the reSpOnsibility of compliance with this aArtide.
8 Hazardous wastes infectious wastes construction and demolition material
dead animals and any other prohibited waste shaU not be placed in garbage
cans. bags. or any other types of containers or placed loose on the ground with
the expectation of having the material coUceted by the City. These materials
are not part of Single Family Residential Refuse Collection Service. The
resident and/or property owner should contact the Director of Public W oiles in
order to inquire as to the proper disposal method for such materials.
Sec.lO-25.Containerized commercial and residential
collection.
(a) Regulations governing containerized service:
(1) Containerized refuse service shall be carried out by the eCity at commercial or
multifamily residential establishments in the promotion of improved sanitary
conditions for the prevention of health hazard. Containers are supplied by and
shall remain the property of the eCity. The UBeFlandowner is responsible for I
the protection of containers placed to serve histbe premises. The
aBeFlandowner shall be liable to the extent of the cost of repairs or
replacement of containers when damaged by fire, negligence. vandalism or
other forms of abuse.
S:\CA\Ordinances\draft ordinance\Cbapler 10 - Gamage. Trash and Offeosive Conditions.doc
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(2) Free dumping access to containers at all times sha1l be provided by the
llSeflandowner. All containers shall be located so that the collection vehicle
driver can dump containers without leaving the vehicle. _
(3) Customers using garbage chutes or interior storage shall provide containers on
rollers which will be the responsibility of the owner or occupant for
maintenance. The landowner shall be responsible for placing (roHing) them to
the proper position for emptying and in time for emptying.
(4) The size or number of containers shaH be determined by the volume of refuse
to be deposited and will be in direct relationship to the manner in which the
user elects to utilize the space provided in said container or containers.
Charges shall be assessed on the basis of cubic yards of refuse removed from
premises whether manually compacted or loose.
(5) At each multifamily site, located adjacent to the dumpsters, or a location
approved by the City, the City shall place a minimum of two (2) recycling
carts. The carts are for the purpose of conectin~ recycling materials. The
landowner must allow space for the carts adjacent to the dumpsters, and
properly accessible by the City trucks for servicing. The residents of the
multifamily development shall be encouraged to conduct recyclin~. The carts
will be serviced a minimum of once a week. The placement of materials,
Rarbage, yard trash, or any other material not approved in the definition of
recyclable materials shall be strictly prohibited. TIris service is provided as a
Part of the garbage collection fee.
6 Commercial institutional and an other t activit Ii urnn containerized
Rarbage collection, except for multifamily coJlection service, are encouraged
10 access the oarbage and !rash stream. to detennine the benefits of m:VCli:.
The City wiU Provide dumpsters. designated for cardboard and paJ
recycling. The service will be provided for a fee.
(Ord. No. 82-29, ~ 1,9-21-82)
Sec. 10-26.
Roll-Off Services.
a Construction Sites. An construction renovation remodelin and re_air sites
requirinl! a permit from the City for work being conducted. shall be maintained in
a clean and sanitary condition at all times. Each construction site shall be provided
with solid waste containers adequate in size an sufficient in number to
accommodate the accumulation of solid waste during the interval between
scheduled removals of solid waste from the project site. The nwnber and type of
refuse containers shall be subject to the approval of the Public Works Department.
The owner of the property, or the contractor conductinl! the operations. shall have
the ri t to rovide the material removal service with his own containers and
S:\CA\Onlinances\draft ordinaoce\Cbaptcr 10 - Gamage. TIaSh aud Offensive Coodilioos.doc 20
1 equipment. In aU other cases, the owner or contractor shaH be required to obtain
2 such removal services from the City. The Public Works Department shall
3 determine exclusively whether this service would reQuire the use of roll-off
4 containers, or the service could be adequately provided by some other means.
5
6 Sto Work. Durin the construction of an site ro'ect the Buildin Official ma
7 at hislher discretion. issue a written order to stop work on a construction project
8 for failure to maintain the construction site in a clean and sanitary condition. or for
9 failing to adhere to the requirement of this chapter.
10
11 c Final Cleanu . Solid waste shall be removed from the construction renovation
12 remodeling. or repair site. and the area properly cleaned to the satisfaction of the
13 Director of Public Works within five (5) workdays following the completion and
14 final inspections of the work performed under a permit. and in an instances prior
15 to the issuance of a certificate of OCcupancy by the Building Department.
16
17 Roll-o Location. All roll-off containers shall be laced on the customer's
18 property in a location accessible for service. RoJJ-offs maybe placed in the public
19 right-of-way only if a permit to do so is issued by the Engineering Department.
20
21
22 Sec. 104627. Genera) regu)atioRsResroJations.
23
24 (a) Predetennination of refuse storage sites required. Prior to the issuance of a
25 building permit by the ~ity building Building: depar.ment Department for the I
26 renovation, modification or erection of a new structure other than single family
27 dwellings, provisions must be made for the storage and handling of refuse. Such
28 arrangements shall provide free access to containers by mechanized equipment at
29 an times. Acting jointly, the pubJio Public works Works departmeflt Del'artment I
30 and the ~ity building Building departmeflt Devartment and the builder-owner-
31 occupant.. as applicable.. shall mutually anive at a satisfactory arrangement to meet
32 collection requirements.
33
34 (b) {lVhen Fefuse celkclcd.] Refuse from commercial estabJisHffieftts \'IiU be
35 collected daily or as necessary to meet sanitation stafldards. Refuse from
36 containerized residential units will be collected twice a week or as necessary.
37 Such frequency of service shall be determined exclusively by the Director of
38 Public Works to ensure public safety. health. cleanliness and appearance. In the
39 case of the commercial establishment. the customer will be billed for the amount
40 of service required to meet the Solid Waste standards.
41
42 (c) Duty' to record and bill users of ~Citv system. The sanitatiOfl
43 supervisor Director of Public Works shall cause to be kept, an accurate record of
44 all persons using the services and facilities of the said municipal refuse collection
45 and disposal system and make charges in accordance with the rates and charges
S:\CA\Onlinances\draft OI"dinance\Chapter 10 - Garbage. Trasb and Offensive Conditions.doc
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herein established. The City may choose to not provide solid waste services
because of non-payment.
(d){BHrying refuse prohibilcd.] It shall be unla':dul for any persoR to bHry iR tho
ground illlY refuse.
{ej(d) rUnlawful deposits.] It shall be unlawful for any person to deposit on. or bury
in, or cause to be deposited on or buried in.Jefuse upon any land. vacant or
unoccupied premises in the ~ity or upon any occupied property public
square.\vithout the permission of the OWBef' or upon any street, alley, park,
parkway, or in any canal, waterway, bridge. easement. or other public passa~eway.
or right-of-way. or any stonn drain. rock pit and sand pit, pool or lake within the
~ity any noxious. filthy. malodorous or offensive liquid or solid materials.
garbage, refuse, or rubbish anYWhere within the limits of the City in any vessel or
receptacle other than in an apProved refuse container which is collected regularly.
Nothing in this provision shaH prohibit private. backyard. nuisance-free
compostin~ practices for home ~ardening purposes. No person shall bum or cause
to be burned any refuse or waste anywhere within the City limits. except as
otherwise provided by law.
Cross references-Depositing litter in bodies of water, S 15-30; polluting park
waters, S 16-26.
m( e) Mulch or compost piles permitted. Horticultural trash and refuse containing no
combustible matter, or which will not, during decay, give off offensive odors, may
be accumulated by the owner as a mulch or compost pile in the rear of the
residential premises upon which the material is accumulated. Bringine material
from offsite onto the property for the sake of comoosting will be prohibited.
Composting for commercial purpose. or compostin~ to develov a marketable
product shall prohibited except for those cases allowed by commercial enterorisc.1
and properly licensed to conduct such operations.
(gt ~:~ <oiled anJ C8IWe)' "'.t-. All -so _ulaled in tIl: ci: = ::
collected, conveyed and disposed of by the olty government _ r _ 1 _ -5-
commer-eial halder approved b-y the city f-er a specific type of ooUeetion at a:
;;O;;:~:;~~~. ~ - sholl oolleel, ""n.ay o~OF any of ~~.=: ==
ai lhe--aty, or di~ose of any .refuse aceumHlated JR the eit) ~-'l ____ ___.\ __
~':':~~ ~r ~I appro.ed by Ibe oily. 110"'_, ~G Gectio;: =:: ::m;:
tRe-$tual prodacer of refuse or the O\VRer of preIBlses apo- _.'_ ___ ~fi.-"'--m--
~~~~1e<I from """,...oIIy oolleeting, con.eying BIId w8J'ooing :: ~:::
~'- Goell J'f9~C<'fS OF o.~... c9fBjllY."'l1b tile J'f9"'''=:::' ~==
ntth aU. other go.e~Rg lans and ordjRance~. comm",zdv~;.- t:ft:IfttHefB;
::::'a=:.laWH mamtenaAoe opeF8tom shall dispose of aU.waste- rodaeed--by
(Ord. No. 82-29, ~ 1,9-21-82)
Editor's note-Subsection 10-26(h), relative to the disposal of construction or
industrial wastes, had been deleted as being duplicative of S 10-30.
S:\CA\Ordinances\draft ordinance\Cbaprer 10- Garbage. Trash and Offensive Conditions.doc 22
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(n Ownershiv of collection refuse and waste.
(1) Ownership of refuse and waste material shall be vested in the City at the
time of collection.
(2) It shall be unlawful for any person. not authorized to do so, to open,
remove. untie, or to interfere with the orderly and legitimate collection of
any refuse container, or to collect, disturb., or scatter refuse stored in
containers placed for collection and disvosal. It shall be unlawful for any
person to scavenge any solid waste within the City.
(3) Recycling material to be collected. such as newspaper, newspaper/grade
papers. and/or other materials, shall become the property of the City from
the time of placement at the curb by the customer. and it shall be a
violation of this article for any person. fInn, corporation, or partnership
other than the City. to tamper with or to take or remove. or to convert to its
own use in any way, such material. Each such collection in violation
hereof form one (1) or more residences or businesses during such period
shall constitute a separate and district offense.
(g) Dead Animals. It shall be unlawful to place any dead animal or parts thereof in
any solid waste container for collection; however. this section shall not apply to
animal parts from food preparation for human consumption.
(h) Incinerators. No private incineration units shall be erected or operated within
the City from the date of this article except upon approval of the City
Commission. and the issuance of the proper vennits and licenses from any and all
regulating agencies.
(i) Landfills. It shall be unlawful for any person to create. use, own. or overate any
landfIll or dump within the corporate limits of the City.
(D Littering. It shall be unlawful to place. or allow to be placed. any solid waste
upon the roads. streets. storm drains. canals. lakes. other bodies of water. or any
public or private property within the City except as provided herein.
(k) Non-Interference. It shall be unlawful for any person to interfere with any
employee of the City while in the performance of their duties as authorized by this
Ordinance.
Sec. 10-2128.
Reserved.
Editor's note-Provisions designated 910-27, and enumerating certain violations,
have been deleted by the editor as being duplicative of 910-31.
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Sec.lO-~29.
Purpose of rates and charges.
The rates and charges herein set forth are imposed to provide revenue for the purpose
of paying the costs of the operation and maintenance of the refuse collection and disposal
system of the city and extensions thereof and replacements thereto and for any other lawful
purpose as so detennined by the city commission.
(Ord. No. 82-29, ~ 1,9-21-82; Ord. No. 94-28, S 3, 9-9-94)
Sec. l0..J930.Rates and charges for ~Citv service.
The rates and charges for refuse coHection service provided by the city shall be as
foHows:
(a) Commercial containerized, excluding multifamily residential units:
(l) Monthly commercial charges shall consist of a total of the following three
(3) items:
a. Container rental charge-A monthly flat fee charge to cover the
cost of the container by size as follows:
200312004 Rates:
2 cu. yd. container_-
3 cu yd. container
4 cu. yd. container_-
6 cu. yd. container_-
8 cu. yd. container_-
$19.4020.00 per month
~21.1425.00 per month
$22.2] 30.00 per month
$25.5335.00 per month
$27.0010.00 per month
The Public Wodes Director shall annually adjust these fees based
upon chanEtinJ! purchase prices of new containers.
b. Disposal charge-A fixed disposal charge per cubic yard as
charged set and modified from time to time by the Palm Beach
County Solid Waste Authority. The ammmt for FY 1993 94 is
established at forty six dollars ($16J)(}) per ten or tl-.ree dollars
and eight cents ($3.08) per Burne yaFd. This price shall be passed
on to the customer directly.
c. Operating charge-A :fixed charge per cubic yard to cover aU other
labor and eQuipment hauling expenses and charges of the
sanitatioo Solid Waste Departmentbudget. The rate is established
at two doUars 8fld seveaty OBe ceara ($2.71) per cubic yard. The
rate in 2004 wiU be fixed at $3.00 per cubic yard and will be
S:\CA\Ordinanas\draft 0I"dinance\Cbapta 10 - Garbage. Trash and Offensive Conditions.doc 24
] increased 4% annua]]y thereafter at the beginning of each fiscal
2 year, or as otherwise provided by the City Commission.
3
4 (2) Partial monthly service will be charged on a prorated basis, based on the
5 rates in subsection (1~ above.
6
7 (3) Mechanical compressed or compactor refuse shall have the disposal rate
8 computed at a three-to-one (3: 1) ratio of the disposal rates set forth in
9 subsection (1Q). Containers with compacto~s shaU be furnished by the
] 0 owner, therefore, no rental cost shall be charged.
II
]2 (4)Two (2) or more business establishments sharing a single container shall be
13 charged based Oft the size and number of pickups as oHtlined in subsection
14 (1) above. ProYided, however, any joint use generating two (2) cHbic yards
]5 or less per month shall be charged a minimum of sixty five dollars and
16 seventy two cents ($65.72) per month to be shared eqHaUy.
17
18 (b) Noncontainerized commercial service:
]9
20 fBRefuse picked up from residential type cans at commercial establishments
21 shall have their level of service negotiated by the publie Public weflEs
22 Works department Department. with an opportunity to appeal the rate to
23 city colllfBission.
24
25 (c) Residential rates (noncontainerized):
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27 (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings.
28
29 (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex
30 or triplex.
31
32 (3) Ten dollars and fifty cents ($10.50) per month for each family unit for
33 apartments and condominiums.
34
35 (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer.
36
37 (d) Residential rates (containerized, multifamily):
38
39 (1) SHf-Nine dollars ($62.00) per month for each family unit for apartments
40 and condominiums that are served by dumpster containers.
41
42 (2) SHr-Nine dollars ($62.00) per trailer in trailer parks.
43
44 (e) Special pickup: Special pickups of items not normally handled by the weekly
45 garbage, trash or recycling pickup, whether due to the type of waste or the volume
46 of waste, may be scheduled by contacting the public works department and the
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rate for such pickup shall be established by the dire.ctor depending on the size and
type of removal needed.
(f) RcservcdRate schedule extra pickup of dumpsters at multifamily locations: $3 per
cubic yard.
(g){Millimum charge.] .An properties shall be assessed no less than the minimum
applicable rate schedule pmvided for in this section. If a utility account is
temporarily discontinued, there shall cootinue to be a monthly charge calculated
as the base rate for the applicable billing category.
(h)Commcrcial r-ccycling: For comme1ciaJ establishmeDts who partlclpate lJl the
commeFcial recycling program the monthly rates sholl be as follows:
(g) Roll-off Rates: Rates for roJl-off dumpsters used for construction and demolition
debris shall be established and modified from time to time bv the Director of
Public Works based upon private markets conditions.
{Table appears on foUo':ling page J
The publio works director may establish extra piolrnp charges fDr commercial
reoycling based on the size and type of service Deeded.
(i)Scheel rates: .'\ separate rate category for school service shall be established by the
publio 'Norks director, as the solid \'/aste aethority bas established separate
disposaJ cbarges for the public school system. These rates shall be based OB the
size of the cODtainer 8Dd Dumber of piclrnps per mODth.
fjtAdditienal pickup: l\dditional piCkepB necessitated by the lack of adherence to the
~~~FemeBts set forth iD cHapter 10, artiole n shall be dete:rmined by the pubJia .
works direotor, with the ftrst piokup requiriRg a warning Botiee of the 'liolatiOB
~~~ P~o'lided to the resideRt of the property and the seeOD6 picJrup resalting in
an additioDaJ ch~ge of tweDty five dollRFS ($25J)()). 81:lbsequeBt piclrnps withiB Q
Iwelve IOOIlth . Ii.... peried will also IOOOive · ~ of :~2";':::: ::::
($25.00) per piokup. ODe (1) wammg Douce per every twelye 0 hB .
affeR!ed 10 the J'l'lIlOftY OWRer ..left...!.. WamiRg& shaD 0...0;01 of ~~
door hanger on the property plus a notJee letter sent regular mad
illdividuaJ listed Oil the city's utility billiDg Ieeol'd at the service acldress.
(Ord. No. 82-29, ~ 1. 9-21-82; Ord. No. 83-36. ~ 1. 10-18-83; Ord. No. 85-55, ~
1, 11-15-85; Ord. No. 86-36, ~ 2, 10-21-86; Ord. No. 90-36, ~ I, 9-18-90; Ord.
No. 91-63, ~ 1,9-19-91; Ord. No. 92-49, ~ 1, 10-8-92; Ord. No. 93-33, ~~ 1,2,9-
21-93; Ord. No. 94-28, ~ 4, 9-9-94)
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2.
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See. 19 30.DisposaJ of construction, industrial OF gaFage
wast-es.
. . WaBle material fCselling from the eOllslruelion. a1teFalion. "'l'ai; :': :=: :
=::- ~~~~ or tho elcanlOg of _ant lots OlUSt he "'OlOVc~ ~ th ~.:;: ..OIl
performing SlI6h ';;"'k. W..t. "",duets of p.eltiog houses. inlluO~aI ~= ~ :=
ooSln....s. an~ spOIlt ods or greases ae""....I.te~ at garages. filling s . . . :
~li~hmeAts RIDst lilcewise be removed by the owner or oeoopant of the ;r~~~ .
(Ord. No. 82 29, ~ 1.921 82)
Sec. 10-M31.
Violations and enforcement.
It is hereby declared unlawful and a violation of this article for any person to do or
permit to be done any of the following acts or practices:
(1) To deposit or place in or cause to be deposited or placed in a trash container any
materials other than those defined in this article as refuse.
(2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered
and in good state of repair, all refuse containers.
(3) To use or supply garbage cans and refuse containers other than those defined and
provided for in this aArticle.
(4) To collect or permit to be collected by anyone. the garbage from any garbage
container other than by persons regularly employed by the city for that purpose
unless specifically authorized by the eCity eCommission.
(Ord. No. 82-29. S 1,9-21-82)
It shall be unlawful for any person to fail. neglect, or refuse to comply with and abide I
beach rovision of this Article. These rfoTmance on each da. of an rohibited
act or practice shall constitute a separate offense. and shall be punishable as such.
Sees. l0..J231-10-49. Reserved.
ARTIClE ill. ABANDONED PROPERTY*
*Editor's note-Ord No. 87-2, *&1, 2, adopted Feb. 3, 1987, repealed/ormer Art.l1I,
Abandoned, wrecked or junked vehicles, being *&10-50-10-56, as derivedfrom the 1959
S:\CA \Ordinanas\draft ordinance\Cbapter 10- Garbage, Trash and Offensive Conditions.doc 27
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Code, ~~ 29-5-29-8, and enacted in lieu thereof new provisions designated herein as Art.
Ill, ~~ 10-50-10-54.
Sec. 10-50.
Definitions.
For the purposes of this aArticle, the following words and phrases shall have the
meaning set forth herein. According to context, words used in the present tense include the
future, singular words include the plural, plural words include the singular, and masculine
words shall include the feminine gender.
Abandoned property means all tangible personal property which does not have an
identifiable owner and which has been disposed on public property in a wrecked, inoperative,
or partially dismantled condition or which has no apparent intrinsic value to the rightful
owner. However, vessels determined to be derelict by the Department of Natural Resources
in accordance with the provisions of Section 823.11, Florida Statutes, shall not be included in
this definition.
Antique motor vehicle is any motor vehicle of thirty-five (35) years or more which is
registered with the State of Florida, pursuant to Florida Statutes, Section 320.086.
City is the City of Boynton Beach, Florida.
Enforcement officer means those employees or other agents of the ~itx I
designated by ordinance, or duly authorized and appointed by the ~ity HlanagcrManager,
whose duty it is to enforce ~ity eOOesCodes. This definition shall include, but not be
limited tOt law enforcement and code compliance officers.
Inoperable motor vehicles. A motor vehicle shall be deemed inoperable and/or
abandoned if a valid and current motor vehicle license is not affixed thereto in excess of
thirty (30) calendar days; provided however, that this shall not apply to motor vehicles
located on private property owned or leased by automobile dealers, new or used, possessing a
current, valid, occupation license; nor shall this definition apply to any antique or collector
vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section
320.086.
Law enforcement officer means any fun-time police officer employed by the ~ity.
Lost property means all tangible personal property which does not have an
identifiable owner and which has been mislaid on public property, upon a public conveyance,
on premises used at the time for business purposes, or in parks, places of amusement, public
recreation areas, or other places open to the public in a substantially operable, functioning
condition or which has an apparent intrinsic value to the rightful owner.
S:\CA \Ordinances\draft ordinance\Cbap1a 10- Garbage, Trash and Offensive Conditions.doc
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Motor vehicle is a vehicle or conveyance which is self-propelled and designed to
2 travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds,
3 motorcycles, trucks, tractors, go-carts, golf carts, campers, motorhomes and trailers.
4
5 Private propeny is any real property within the ~ity which is privately owned and
6 which is not defined as public property herein.
7
8 Public property means lands and improvements owned by the federal government, the
9 State of Florida, a county or a municipality and includes sovereignty submerged lands located
10 adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets,
1] sidewalks, parkways, rights-of-way, and other similar property.
12
13 Wrecked motor vehicle is any motor vehicle the condition of which is wrecked,
14 dismantled, partially dismantled, incapable of operation by its own power on a public street,
15 or from which the wheels, engine, transmission or any substantial part thereof has been
]6 removed. (Ord. No. 87-2, S 2, 2-3-87; Ord. No. 87-29, S 1,9-15-87)
17
]8
19 Sec.lO-51.Abandoned or lost property on public property,
20 procedure.
2]
22 (a) Whenever a law enforcement officer of the ~ity ascertains that an article of lost
23 or abandoned property is present on public property and is of such nature that it can
24 be easily removed, the officer shall take such article into custody and shall make a
25 reasonable attempt to ascertain the rightful owner or lienholder pursuant to the
26 provisions of this section.
27
28 (b) Whenever a law enforcement officer ascertains that an article of lost or abandoned
29 property is present on public property and is of such nature that it cannot be easily
30 removed, the officer shall cause a notice to be placed upon such article in
3] substantially the following form:
32
33 NOTICE TO =mITHE OWNER AND ALL PERSONS INTERESTED IN THE
34 ATTACHED PROPERTY. This property, to wit: (setting forth brief description) is
35 unlawfully upon public property known as (setting forth brief description of location)
36 and must be removed within 5 days, otherwise, it will be removed and disposed of
37 pursuant to Chapter 705, Florida Statutes. The owner will be liable for the costs of
38 removal, storage, and publication of notice. Dated this: (setting forth the date of
39 posting of notice), signed: (setting forth name, title, address and telephone number of
40 law enforcement officer).
41
42 Such notice shall be not less than seven (7) inches by ten (10) inches and shall be sufficiently
43 weatherproof to withstand normal exposure to the elements. In addition to posting, the law
44 enforcement officer shall make a reasonable effort to ascertain the name and address of the
45 owner. If such is reasonably available to the officer, he shall mail a copy of such notice to the
46 owner on or before the date of posting. If the property is a motor vehicle as defined in Section
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320.01 (l), Florida Statutes, or a vessel as defined in Section 327.02(27), Florida Statutes, the
law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles
or the Department of Natural Resources, respectively, in order to de1ennine the name and
address of the owner and any person who has filed a lien on the vehicle or vessel as provided
in Section 319.27(2) or (3) or Section 328.15(1), Florida Statutes. On receipt of this
information, the law enforcement agency shall mail a copy of the notice by certified mail,
return receipt requested, to the owner and to the lienholder, if any. If, at the end of five (5)
days after posting the notice and mailing such notice, if required, the owner or any person
interested in the lost or abandoned article or articles described haS not removed the article or
articles from public property or shown reasonable cause for failure to do so, the following
shall apply:
(I) For abandoned property, the Jaw eflfDfcement agenoy City may retain any or all of
the property for its own use or for use by the state or unit of local government,
trade such property to another unit of local government or state agency, donate the
property to a charitable organization, sell the property, or notify the appropriate
refuse removal service.
(2) For lost property, the officer shall take custody and the ngencyCity shall retain the I
property for ninety (90) days and publish notice of the agcncyCity's intended
disposition of the property.
a. If the City agcHcy elects to retain the property for its own use.. by the unit I
of goyernment, donate the property to a charitable organization, surrender
such property to the finder, sell the property.. or trade the property to
another unit of local government of state agency, notice of such election
shall be given by an advertisement published once a week for two (2)
consecutive weeks in a newspaper of genera] circulation in the COUDty I
where the property \vas fOlJDdPalm Beach County.
b. If the ageacyCiry elects to sell the property, it must do so at public sale by
competitive bidding. Notice of the time and place of the sale shall be given
by an advertisement of the sale published once a week for two (2)
consecutive weeks in a newspaper of general circulation in Palm Beach "I
County. the COWl!)' where the sale is to he held. The notice shall include a
statement that the sale shall be subject to any and all liens. The sale must
be held at the nearest suitable place to that where the lost or abandoned
property is held or stored. The advertisement must include a description of
the goods and the time and place of the sale. The sale may take place no
earlier than ten (10) days after the final publication. If _ is ':
nev_ 9f geuORl! ciroaIalion in the <......toy wn:- :::::.:::~:::
the advertlsem.cDt shaY ~e pested at the deer of th - CO~A ~;~ iff:-~
(3) other publIc places JJ) the COODty at least teA (l{)f-Elays----rief- te -5We.
Notice of the ngeHcyCity's intended disposition shall describe the property
in a manner reasonably adequate to pennit the rightful owner of the
property to identify it.
S:\CA \Ordinances\draft OI"dinance\Cbapter JO. Garbage. Trash and Offensive Conditions.doc
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2 c. If the property is sold at public sale pursuant to subparagraph 10-
3 51 (b )(2)b, the agencyCity shall deduct from the- proceeds the cost of
4 transportation, storage, and publication of notice, and any balance of
5 proceeds shall be deposited into an interest-bearing account not later than
6 thirty (30) days after the date of the sale and held there for one (l) year.
7 The agencyCity shall provide a bill of sale clearly stating that the sale is
8 subject to any and all liens. The rightful owner of the property may claim
9 the balance of the proceeds within one (1) year from the date of the above
10 stated deposit by malting application to the City. ageDcy. If no rightful
II owner comes forward with a claim to the property within the designated
12 year, the balance of the proceeds shall be deposited into the state school
13 fund.
14
15 d. The owner of any abandoned or lost property who, after notice as provided
16 in this section, does not remove such property within the specified period
17 shaH be liable to the Imv enforcement agencyCity for all costs of removal,
18 storage, and destruction of such property, Jess any salvage value obtained
] 9 by disposal of the property. Upon final disposition of the property, the law
20 enforcement officer shaH notify the owner, if known, of the amount owed.
2] In the case of an abandoned boat or motor vehicle, any person who
22 neglects or refuses to pay such amount is not entitled to be issued a
23 certificate of registration for such boat or motor vehicle, or any other boat
24 or motor vehicle, until such costs have been paid. The law enforcemeDt
25 officerCity shall supply the Department of Natural Resources with a list of
26 persons whose boat registration privileges have been revoked under this
27 subsection and the Department of Motor Vehicles with a list of persons
28 whose motor vehicle privileges have been revoked. Neither department
29 nor any other person acting as agent thereof shall issue a certificate of
30 registration to a person whose boat or motor vehicle registration privileges
31 have been revoked, as provided by this subsection, until such costs have
32 been paid.
33
34 e. Whoever opposes, obstructs, or resists any law enforcement officer or any
35 person authorized by the law enforcement officer in the discharge of his
36 duties as provided in this section upon conviction is guilty of a
37 misdemeanor of the second degree, punishable as provided in Section
38 755.083, Florida Statutes, as may be amended from time to time.
39
40 f. Any law enforcement officer or any person authorized by -the law
41 enforcement officer is immune from prosecution, civil or criminal, for
42 reasonable, good faith trespass upon real property while in the discharge of
43 duties imposed by this section.
44
45 g. The rightful owner shall be liable for the 13':1 enfQFCement agefloyCity's
46 costs for transportation and storage of lost or abandoned property and the
S:\CA\Ordinances\draft ocdinance\Chapler 10 - Garbage. Trash and Offensive Conditions.doc 3]
] agencyCity's cost for publication of notice of disposition of lost property.
2 If the rightful owner does not pay such costs within thirty (30) days of
3 making claim to the property, title to the property -shall vest in the City.
4 law enforcement agency. (Ord. No. 87-2, ~ 2, 2-3-87; Ord. No. 87-29, S~
5 2,3,9-15-87)
6
7
8 Sec. 10-52.storing, parking, or leaving wrecked or
9 inoperable motor vehicles on private properly prohibited
10 and declared a nuisance; exceptions.
II
12 (a) No person shall park, store, leave or pennit the parking, storing or leaving of any
13 abandoned property or wrecked or inoperable motor vehicle of any kind, whether
14 attended or not, upon any private property within the ~ity, except that, with
]5 respect to an inoperable motor vehicle, such vehicle may be parked, stored, or left on
16 said property for a period of time not to exceed seventy- two (72) hours. The presence
17 of such vehicles, or parts thereof, on private property is hereby declared a public
] 8 nuisance which may be abated in accordance with provisions of this article.
19
20 (b) This section shall not apply to:
21
22 (l) Any motor vehicle which is completely enclosed within a building, or unless it
23 is held in connection with a business enterprise lawfully licensed by the sCity
24 for the servicing and repair of such vehicles and properly operated in an
25 appropriate business zone pursuant to the zoning ordinances of the €City;
26
27 (2) Nor shall this section apply to any antique or collector vehicle which is
28 registered with the State of Florida, pursuant to Florida Statutes, Section
29 320.086. However, no more than two (2) antique motor vehicles may be
30 retained by the same owner for collection purposes unless they are
31 appropriately stored.
32
33 ( c) Whenever the enforcement officer of the ~ity shall ascertain that an article or
34 articles of abandoned property are present on private property within the limits of the
35 City of Boynton Beach in violation of the provisions of this article, the enforcement
36 officer shall cause a notice to be placed upon such article in substantially the
37 following form:
38
39 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
40 ATTACHED PROPERTY. This property, to wit: (setting forth brief description)
4] located at (setting forth brief description of location) is improperly stored and is in
42 violation of (setting forth ordinance or regulation violated) and must be removed
43 within ten (10) days from the date of this notice unless a hearing has been demanded
44 in accordance with the terms of Chapter 10, Article I, Boynton Beach Code of
45 Ordinances within ten (10) days of the date of this notice; otherwise, it shall be
46 presumed to be abandoned property and will be removed and destroyed by order of
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the City of Boynton Beach and the owner wi]] be liable for the costs of removal and
destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth
name, title, address, telephone number of enforcement officer).
Such notice shall be not less than eight (8) inches by ten (10) inches and shall be
sufficiently weatherproof to withstand normal exposure to the elements for a period of
ten (10) days. In addition to posting the notice, on or before the date of posting the
enforcement officer shaU mail a copy of the notice Notice to the O'Nfler Owner of the
real property upon which the abandoned articles are located, as shown by the real
estate tax records used by the City of Boynton Beach, and if the abandoned property is
a motor vehicle or boat, shall make a reasonable effort to ascertain the name and
address of the owner and shall mail a copy of a notice to such owner. The notice shall
also advise the person to whom the notices are applicable that they have seven (7)
days from the date of posting and/or mailing of the notice to correct the condition or
file a written petition te-with the ~ity manager Manager or ffi&-the designee for a
hearing as provided in Section 10-7 of the City's Code of Ordinances. before: =-
==~ which shall be comp......lI of the cily Q!:Lffl"'_~"'::'~:, f!:a::;::
~ ~~ ~~~~ ~~~1: works Works, and the code Code co n
adrniniGtratorl\dministrator; which hereffihearing shall be held no later than withiD ten
(10) days efafter the date the petition is received by the ~ity managerManager.
(d) Procedures:
(1) Hearing. The issues to be determined at the said hearing are whether the
conditions creating a nuisance, do in fact exist; why the conditions should
not be abated by the ~ity at the expense of the owner; the time limits
for such abatement. The source of the condition shall not be a defense
against the requirement that the condition shall be abated by the owner. If
after a hearing the board detennines that the conditions which exist on the
property constitute a public nuisance, the owner or owners of the property
shall have mmo more than additioBaJ seven (7) days from the date of the I
hearing to correct or remove the conditions.1 after wffiehsuch time, the city
City shall have the right to have the conditions abated at the expense of the
property owner.
(2) Removal. If the owner or other interested person has not requested a
hearing within seven (7) days, the ~ity shall have the right to have the
objectionable condition corrected or removed at the expense of the owner.
If the ~ity has the condition abated and payment for the Citv's
abatement costs is not received within thirty (30) days after the filing of a
notice of assessment for the cost of such work together with aU costs of
inspection and administration, the ~ity shall have a lien placed against
the property for the cost of the work, including inspection and
administration cost, plus interest at the rate of eight percent (8~ per I
annum, €eBt;-plus reasonable attorney fees and other costs of collecting
said sums without further hearing. If, at the end of teD (lO)seven (7) days
S:\CA\Onlinances\draft ontinance\Chapter 10 - Garbage. TT3Sh and Offensive Condilioos.doc 33
I after posting or mailing such notice, the owner or any person interested in
2 the abandoned article or articles describing such notice has not removed
3 the article or articles and complied with the ordinance or regulations cited
4 in the BNotice, the enforcement officer may cause the article or articles of
5 abandoned property to be removed or destroyed. The salvage value, if any,
6 of such article or articles shan be retained by the local government to be
7 applied against the cost of removal and destruction thereof, unless the cost
8 of removal and destruction are paid by the owner as provided in 6ection
9 Section 10-54.
10
] ] The owner of any abandoned motor vehicle or the Owner of the real
12 property upon which the vehicles or other abandoned property is located,
13 who after notice is provided in this article, does not remove the vehicle or
14 other property within the specified period then they shall be liable to the
15 City of Boynton Beach for all costs of removal and destruction of such
16 property, less any salvage value received by the local government. Upon
17 such removal and destruction, the local government officer shall notify the
18 owner of the amount owed and of the penalty provision of the section.
]9
20 (3) Notification of removal to owner and other interested parties. The
21 enforcement officer, after taking possession of any motor vehicle pursuant
22 to this article, shall furnish notice in accordance with this section by
23 certified mail (return receipt requested) to the last known registered owner
24 of the motor vehicle at his last known address within fifteen (15) days of
25 the date of which possession of the motor vehicle is taken, with a copy of
26 the notice to the owner or occupant of the property from which the vehicle
27 is taken.
28
29 The enforcement officer shall also contact the Department of Motor Vehicles, State of
30 Florida, and such other agencies and departments of government in this and other states as
31 are reasonably necessary to ascertain the names and addresses of other persons with record
32 interests in the motor vehicle, including lien holders. Such other persons shall be given notice
33 in the same manner as stated in the previous section.
34
35 Notice under this section shall contain the following infonnation:
36
37 a. Year, make, model, and serial number of the motor vehicle.
38
39 b. The name and address of the last known registered owner of the motor vehicle, if
40 available.
41
42 c. The vehicle registration number and the title registration number of the motor vehicle
43 if available.
44
45 d. The date on which the motor vehicle was removed.
46
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e. The location from which the motor vehicle was removed.
3
f. The location in which the motor vehicle is being stored or in tbe alternative a number
to contact.
The notice shall also advise the persons to whom it is given that the person who is
entitled to possession of the motor vehicle may reclaim it upon payment to the €City of all
charges incurred by the €City and the removal and storage of the motor vehicle, except that if
such reclamation is not made within twenty (20) days after date of the notice, the right to
reclaim the motor vehicle as well as an right, title and interest of said person in the vehicle.
shall be deemed to be waived and that such person shall be deemed to have consented to the
disposition of the motor vehicle by the ~ity.
If the ~City is unable to identify properly the last registered owner of any motor
vehicle or if unable to obtain with reasonable certainty the names and addresses of the owner
or other interested parties, including lienholders, it shall be sufficient notice under this
section to publish the notice once in one newspaper of general circulation in the City of
Boynton Beach. Such notice by publication may contain multiple listings of motor vehicles.
A copy of any notice required in this section. as wen as a copy of any certificate of
sale issue hereunder by the €City or its designee shall be forwarded to the Division of Motor
Vehicles, State ofFJorida. (Ord. No. 87-2, ~ 2, 2-3-87; Ord. No. 02-033, ~ 1,8-20-02)
See. 10-53. Nuisance abatement bid procedure.
The services entailed in carrying out the abatement of nuisances under this aArticle
may be performed by the €City or be performed by an independent contractor retained by the
City pursuant to the City's procurement oolicies and vrocedures. ObtaiDed pUfS1:J8flt to the
city's City'S normal practices. _(Ord. No. 87-2, ~ 2.2-3-87)
Sec. 10 Si.Assessment of costs, interest and attorney's fees;
IieIb
(a).1s:~~~~. i\S soon after ~e a~atemeBt ~s .feasible. ~e. city ffiLmanagcr
Manager shall report to the City .QrLCemBHSSIOD COffifBlSSlOR the c-est--ef..soch
ObOleBlllBl,. i.eluding lb. ees!!l of.inspeclinn ..." admini_OR. ~,
the City .Q!:LeolllffilSSJon CommiSSIOn shall by reseJutJoA asses- ---~--t
~~~~ any or all of the assets of the OVffler of the property or agaiDst the
pr~y fmm which th~ '1ehi~e was Femo.ved. 8~efl resolu::,:: ~~: ::~
!he J'fO)lefly ""Gesoe", lnelUding ooG16 of IUspoetIOR ..." 0- ---R-.--t>- ~
::~~~~ that the a~sessment. shaH bear i~terest at the Fate of eigi;t (&) ;; e
= ~~ plus, If e~)eettoB pr-eGeemDgs are Deeessary, th~t the. pro~y
e:r-:~~~ ~~~~ be reqwred to PO)" the cast of suell preceediDgs mdading
reasonable attemey's fees. Such resol1:JtiOB shall booome effective imm:;;;iy
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upon adoption, and the assesemeHt contained therein shall become due and
payable after the mailing date of the notice of said assessment. In the event
~~~: p~;'ment has not been received v/ithin the thirty (30) days after the mailing
date of the notice of assessment, the city ~c1erk Clerk shall record a
:~~led copy of the r€solution iD. the public re~ords of Pal~ Beach COUHty.
Florida, and upon the date and tIme of recordmg the cerufied copy of the
resolutioD a lien shaH become effective OIl the subject property which shan
secure the cost of abatement) including costs of iDspeotion aDd a6miRistration,
~~ c~nection costs including (l ~easoDable attorn9Y's fee. :^~t the time tb~ city
~cJerk Cledc sends the certlfied copy of the resolutJoD for reeordiDg a
notice shall also be mailed to the property owner 1B substantIally the felIowmg
fumr..
NOTICE OF LIEN
Dote
:.1'0:
ADDRESS:
You ilFe herelJy lltIviBed thaI the City .f B.j'flI9R Beach ::. ':.. :_':=::
~ Ekly .f , 192() a ;;:_: :=
~~::.::~. ::~_.a:'='7Y' The aui_.o was abatc~at ~.::: ~
~;Z ~~~~~'JiOU&lY mmled I. y<lH a .oB~ :; ~ ~
=~ ~ ~d paymoal has aol h.... rooeived;. therefore, :::" ~;5o=;;::
~~=req_oats a HOB hoo h.... rec_ _as! ye... p ;::: :: ':
~~ ~~. PI..... take a.tieo that Ihe ....eluti.a, ia a<llIitioa l~ .;;;, :: ::: :: ::
:~~IBCHt,- a:quiJes paymoal of eighl JlOf" ....1 (8%) i~_~:- = ;;:;_:. ~~
:~I= ~:~.~~ TCllSOHable attomoy's fee, ...A su"" U"'" os. ;;; ::= :'::
~: ::'~~ ~al foe such )jOB, tlle City MBH_ arms ~~;.;d..ii~::;-;:;':: ::~
=~ : ~~ thereof to remo'/e the hen from your pr-eperty. the reeo R . h
shal) be bomo by you.
CITY OF BOYNTON BK"..CH, FLORIDA
by:
(b )~:~~~: of as-sessmcnt. The city Q!x.may enferoe the assessment by either
an action at law or foree-losure af the lien) '.vhich shaH be foreelased iD the
:: ;:":~ ~:-,~g- "'" fereeloaad UIldor F10rille Iawl.aw, Ia e:::::
~:::: ~t":':. Jd!L"".u he OBijded I.,iaterosl at the:::~ ~':;'~o';.
;:: ~ :!:~ ~~~ of assessmeDt, collection cost and Fe n b I
fees. (QftJ. No. 87 2, ~ 2) 2 3 87)
S:\CA \Ordinances\draft ordinance\Cbapta 10 - Garbage, Trash and Offensive Cooditioos.doc
36
]
2
3 ARTICLE IV. RESERVED*
4
5 *Editor's note-Ord. No. 90-16, 991,2, adopted July 3, 1990, abolished the nuisance
6 abatement board and repealed Ord. No. 90-2; hence, Art. ~ pertaining to such subject
7 matter has been deleted. Prior to deletion, Art. IV, 9910-55-10-61, derived from Ord. No.
8 87-39,91, adopted Oct. 20, 1987; as amended by Ord. No. 90-2, 99 1-4, adopted Jan. 16,
9 1990.
10
II
12 Secs.l0-55-10-61. Reserved.
13
14
S:\CA\Ordinances\drafi ontinance\CbaPfer IO. Garbage, Trash and Offensive Conditions.doc
37
EXHIBIT A
PUBUC WORKS DEPARTMENT
MEMORANDUM #04-052
To:
Kurt Bressner, City Manager
Jeffrey Uvergood, P.E., Director of Public WorWe L.
Christine Roberts, Assistant Director of Public Worksc/Z.
Larry Quinn, Solid Waste Manager.~ {~
Scott Blasie, Director, Code Compliance ~ p J ~ n
From:
Subject:
Ordinance Revisions - Chapter 10
Garbage, Trash and Offensive Conditions
Date:
April 1, 2004
For the past six months, representatives from Public Works and Code Compliance have been
meeting for the purpose of revising ordinance provisions related to garbage and trash within
the City of Boynton Beach. We have done so for two primary reasons.
First, auditors contracted by the City's Finance Department have determined in the last two
years that the Solid Waste fund balance is in a precarious position. Auditors have found that in
each of the last two years, the expenses have nearly exceeded revenues received for the
services provided. Therefore, in addition to previous operation cost cuts, it is necessary to
evaluate sources of enhanced revenue.
Secondly, staff has found many outdated provisions within the Solid Waste Code that make it
extremely difficult for Code Compliance staff to enforce a number of provisions throughout the
community. Specifically, staff has evaluated the time frame in which bulk trash can be placed
at the curb in response to homeowners concerns about the aesthetic conditions throughout the
City.
I. Rate Modification Discussion
Staff has evaluated the Solid Waste rate history within the Oty of Boynton Beach for the past
ten years. We have found that residential rates have been maintained at $10.50 per month
since 1991. Furthermore, we find that mUlti-family rates have been maintained at $6.00 per
unit since 1992. With respect to commercial rates, we find that the rates assessed for
customers for front load services, i.e. restaurants and other businesses, have not increased
since 1996.
When one considers the impact of our operations on the fund balance, we must not only look at
our rate structure to evaluate our revenues but we must look at cost savings that we can
achieve through operational efficiencies. The City of Boynton Beach has been successful for the
past thirteen years in not raising residential rates. This has been primarily attributed to the Oty
undertaking an automated garbage collection system beginning in 1997. Since the City has
S:\PW\Correspor.dence\200,\ Memos . Inlerdepartment & Interoffice\0+052- Onlnance Revisloo'-Q1apter 10.doc
Kurt Bressner
Ordinance Revisions - Chapter 10
Aprill, 2004
Page 2 of 6
become automated, we have been able to reduce our SoUd Waste staff by ten employees thus
reducing our operating costs. Furthermore, we have been able to reduce the fleet size because
of the efficiency we realized by utilizing an automated fleet. Staff will note that the City is not
yet fully automated throughout all of its corporate limits and there is room for additional
economies of scale that will help to maintain a stabilized residential rate. Difficulties may arise
in going to a fully automated system Citywide. Further discussion of this topic will follow later
in this report.
A. Sinale Familv Rates
The current rate for garbage collection for a single-family home is $10.50 per month.
This includes two times per week garbage pick up, one time per week recycling pick up,
one time per week bulk trash pick up, and one time per week landscape waste pick up.
Staff does not propose any changes to the single-family rate and proposes that this rate
remain constant at $10.50 per month.
B. Multi-familv Rate
The current multi-family rate is $6.00 per month. Staff proposes to raise this rate to
$9.00 per month in order to provide additional revenue. It is important that staff justify
its rationale for a $3.00 per month rate increase. When one considers that residential
properties are either single family or multi-family units, by the very nature of the use,
waste disposal of the various properties will be similar. As an example, three people
living in a single-family home will generate approximately the same amount of waste of
three people living in a multi-family home. However, the primary difference is that
those residents that reside in mUlti-family dwelling units do not realize the benefit of
having landscape waste collected. The property owner's association in mUlti-family
developments typically disposes of landscape waste. Staff has found that the cost of
landscape waste disposal is approximately $1.50 per month. Therefore, staff has
developed the proposed rate structure for a mUlti-family unit at $9.00 per month by
eliminating the landscape waste component from the single-family residential rate.
($10.50)
Operating costs to pick up either single family or multi-family are approximately equal
despite the fact that single-family units are served by automated or rear load vehicles
and front-end load units serve multi-family units. Therefore, method of pick up is
irrelevant in discussion related to fees provided to either single or mUlti-family units.
C Commercial Rates
Staff is proposing a minor increase in rates for the City's commercial customers. As
noted, our commercial customers are typically those business units that have a multi-
yard front-load containers often enclosed in a walled unit. Commercial customers are
serviced by front-load trucks on designated routes throughout the City. Commercial
customers are picked up at a frequency requested by the business entity based upon
their own individual needs and waste generation.
The commercial rate that we assess our customers is based upon three very defined
components. These components include a container rental fee, a waste disposal fee,
and an operating charge.
s:\PW\Correspondence\2004 Memos - Inlerdepartmenl & Inlerofflce\01-052_ Ordtnance Revisions--Cllaple< lO.doc
Kurt Bressner
Ordinance Revisions - Chapter 10
April 1, 2004
Page 3 of 6
1. Rental Fee
Staff is proposing an increase in container rental fees as outlined in the proposed
ordinance revision. Staff proposes an increase in fees ranging from less than five
percent to nearly thirty percent for an eight-yard container. Staff has proposed
this increase for one reason only. We have been "receiving a number of
complaints about the conditions of our front-load containers located throughout
the community. Many of our customers are asking that some of the older
containers be replaced. Because the rental charge is a direct cost associated
with providing the container, staff is proposing that we increase the rental rates
to allow the containers to be replaced more often and thus enhance the visual
appearance of the containers. Staff will note that it is not necessary to raise this
container rental fee. We are doing so only to address a number of concerns
about complaints, as noted.
2. Disoosal F~
This charge is set from time to time by the Palm Beach County Solid Waste
Authority. This charge is passed directly on to each of our customers. In Fiscal
Year 1993-94, the direct charge was $3.08 per cubic yard. Staff does not believe
that it is appropriate to reference the disposal charge as a defined dollar amount
in the City's Code of Ordinances. Staff is proposing that the Code of Ordinances
reference only that the charges as defined by the Solid Waste Authority be
passed on directly to the customers. At present, this charge from the SWA is
$28.00 per ton.
3. ODeratin9 Charge
The operating charge is the cost of providing the City services. Approximately 62
percent of our Solid Waste Department costs are vested in both labor and
equipment costs. Obviously, the Solid Waste program is very labor and
equipment intensive. Staff is proposing that this rate be fixed at $3.00 per cubic
yard and is adjusted four percent annually hereafter to reflect the cost of
inflation that occurs each year when equipment costs and labor costs rise.
Once again, the attached rate charge shows a comparison between our existing
commercial charge for a four-yard container and the Proposed charge for a four
yard container with comparison to rates that we found on our survey of other
nearby communities. We have selected a four cubic yard container because it is
the most common size of container used by our customers. This comparison
shows that our proposed rate is competitive between the private and public
sectors.
II. Ooerating Issues
Staff is proposing a number of other changes within the Solid Waste Code beyond the rate
structure modifications. Many of the changes proposed by staff are grammatical and structural
changes. For example, proper reference to the Public Works Director or the SoJid Waste
Department has been incorporated into the code where appropriate. Furthermore, a number of
S:\PW\Correspoodence\lOO1 Memos - Inlerdepartment &. InlefOfflce\04-052- Ordlnance Revisloos-Olapter lO.doc
Kurt Bressner
Ordinance Revisions - Chapter 10
April 1, 2004
Page 4 of 6
exhibits such as letters have been stricken from the code because staff does not believe it is
appropriate to embed a routine staff operating function within a municipal code. Many
definitions have been clarified to provide consistency throughout all provisions of the Solid
Waste code and a number of minor changes have been made in verbiage in order to provide
better direction to Code Compliance staff as they enforce the various provisions of the code.
Each of these is fairly clearly outlined in the proposed revisions. Staff remains available to
answer any questions you may have on these minor changes.
Of the operating changes, staff believes there are two primary areas that merit discussion and
highlight for your benefit and that of the City Commission. First, we believe that it is
appropriate that the issue of automated garbage collection be raised at this time. As noted
earlier in this report, much of the cost savings in Solid Waste expenses over the last several
years have been realized by implementing automated garbage collection services. When
automated services were implemented, homeowners were provided carts and a new style of
automated garbage truck was purchased. This allowed the City to place one employee onto an
automated garbage truck compared to prior days when three people, if not more, staffed a
garbage truck for the purpose of rear-load garbage collection. When the City implemented
automation in 1997, a number of areas and/or homeowner's associations were given the choice
as to whether or not they chose to be automated. At present, we still have five primary areas
in the City that have chosen not to become automated in their garbage collection. These areas
include Nautica, Boynton Leisureville, Palm Beach Leisureville, High Point, and Pine Point.
These five areas are still being collected by rear-load garbage trucks staffed by three people.
Therefore, City costs to collect garbage are somewhat higher in these areas. We still have an
ability to achieve additional cost savings in the future thus keeping our residential rates steady
at $10.50 per month. It is staff's recommendation that we pursue automation in these five
areas so that the remainder of the City can benefit by stable garbage rates.
Staff recognizes, however, that residents in some of these areas may still choose not to be
automated. For example, one of the arguments against automation that we heard in the
Leisureville area is that homeowners did not have sufficient room to proVide indoor storage of
the City-provided carts. There is no doubt this argument will still exist by residents in both
Leisureville areas. High Point and Pine Point provide additional difficulties as well. Presently, in
these areas the residents enjoy the luxury of having their garbage stored in underground
containers. The City does not remove garbage from underground containers and relies upon
homeowner's association personnel or residents to do so in order to expedite our timeframe for
collection and also to minimize potential injury of employees by not having to reach into the
ground to collect garbage. Nautica, located west of Lawrence Road, is a subdivision that could
easily transition to the automated system. In fact, we have received a preliminary favorable
response from members of the homeowner's association board about transferring to the
automated collection system. We are hopeful to have this in place within the next twelve
months. The stark realitY is that those areas of the community that have gone automated, are
subsidizing the additional collection costs in those areas of the City that have chosen not to
become automated. The cost to provide garbage collection services in non-automated areas is
higher than the cost to provide services in those areas that have chosen to become fully
automated. Staff is not recommending that the City mandate automation on the remaining five
areas of the community that is still not automated. Rather, staff is propOSing a two-fold
S:\PW\~\2004 Memos - In~ & InterofficelO4-OS2- Ordinance Revislons-c1liJpter lO.doc
Kurt Bressner
Ordinance Revisions - Chapter 10
April 1, 2004
Page 5 of 6
approach that gives members .of various homeowner's associations and/or geographic areas the
following choices:
a. The homeowners in the area choose to become fully automated and they continue
to be charged the garbage rate of $10.50 per month, or
b. Should those homeowner's choose to remain non-automatecf, the City shall charge a
differential rate of $13.00 per month to the residents in those areas in recognition of
the additional cost of providing a service that differs from the remaining part of the
community.
The second item concerning operational procedures involves the timeframe for which trash can
be placed at the pavement edge for pick up. Presently, the code allows homeowners to place
garbage and other bulk trash items at the roadway edge 72 hours prior to their scheduled pick
up. Many homeowner's have chosen to place landscape waste and bulk trash items at the
pavement edge sometimes as much as three days in advance of the pick up day. As a staff, we
are receiving increased numbers of complaints from the public regarding the appearance of
their neighborhoods because some of their neighbors have placed garbage out at the edge of
the roadway at such an early time compared to the pick up date. Staff is recommending that
the ordinance be changed to allow for placement of bulk items and landscape trash at the
pavement edge no more than 24 hours in advance of the pick up day. In essence, homeowners
would be allowed to place these items at the pavement edge one day prior to the pick up day.
Staff does not believe that this proposed change to the code is unreasonable. In fact, many
homeowners associations have this within their association by-laws already.
Summary
City staff has proposed a number of rate changes and operating changes that will affect many
of our residents. We recognize that it is important to properly notify our public of these
changes and the rationale for same. Staff will provide letters to each of the property
management companies that service multi-family units, where appropriate, and wilf include
notice in water bills for the individual residents. We anticipate creating flyers, warning stickers,
and other materials in order to educate the public about the rate changes as well as the
operational changes referenced. The Public Works staff believes that we offer an outstanding
level of service to our customers. Our employees are dedicated; they are friendly; and they are
efficient. We have made changes over the past ten years that have kept residential and
commercial rates constant and we are now at a time that efficiencies cannot by themselves
maintain rates. It is essential that we consider the rate changes for commercial and multi-
family customers in order to maintain the single-family residential rate. The single-family
customer is by far our largest customer base. We are pleased that we are not proposing any
rate change for our single-family customers.
S;\PW\~e\2004 Memos - In~ ll. Interofflce\04-052- Otdlnance RevIslon.-Qlapter lO.doc
April 5. 2004
SOLID WASTE RATE COMPARISON
MUNICIPALITY
Boca Raton
RESIDENTIAL
REFUSE RATE
Ad Valorem Tax
$12.00 Side yard P/up
City does not provide Commercial Service
MULTI-FAMILY
REFUSE RATE
Ad Valorem Tax
for curbside p/up
$13.50/unit for
dumpster service
SERVICE
LEVEL
Twice/wk - Garbage
Once/wk - Recycling
Once/wk - Vegetation
Quarterly - Bulk Trash
Boynton Beach
$ 10.50
4- Yard Commercial Rate @ 1 p/up per week =
$I07.49/month.;. (current)
SII9.921month - (proposed)
$ 6.00iunit (current)
$ 9.00/unit (proposed)
Twice/wk - Garbage
Once/wk - Recycling
Once/wk - BulklV ege
Green Acres
$538
City does not provide Commercial Service
$ 3.49/unit 2XPiclrup
$ 4.60/unit 3XPiclrup
Twice/wk - Garbage
Once/wk - Recycling
Once/wk - BulklV ege
Lake Worth
$14.87
4-Yard Commercial@ 1 plup per week =
$79.02lmontb
$ 14.87 under 9 units
Over nine units is
BilJed as commercial
Twice!wk - Garbage
Once/wk - Recycling
Once wk - BulklV ege
Lantana
$15.00
$ 1.67 (Recycling)
City does not provide Commercial Service
$IS.00/unit
$ 1.67/unit (Recycling)
Twice/wk - Garbage
Once/wk - Recycling
Bi- weekly-BulklV ege
Palm Beach
Ad Valorem Tax
$1 I .sO/unit
Commercial Service is billed as follows 5/day week! p/up:
Low Volume = .023 per sq. foot of building
Med. Volume = .149 per sq. foot of building
High Volume = .655 per sq. foot of building
Four/wk - Garbage
Once!wk - Recycling
Once!wk - Vegetation
Call In /Fee - Bulk
West Palm Beach
$ I 6.00
4- Yard commercial rate @ 1 p/up per week =
$II2.00/month
$16.00/unit _ 1st bldg.
$ 9.00/unit - 2,3,4,bldg.
$ I 6.00/unit - Sth bldg.
$ 9.00/unit - S, 7, 8 bldg.
Twice/wk - Garbage
Once/wk - Recycling
Once/wk - Vegetation
Twice/wk - Bulk
Exhlblf oL
.
CITY OF BOYNTON BEACH
Solid Waste Division
Courtesy Notice
Phone 742-6200
Office Hours: 7:00 am - 5:00 pm
Monday - Friday
Date
Time
Initials
Price Quote
Address
.::J Trash to be placed on your own
property
[) Please call for special pick-up
o Leaves/grass clippings must be
bagged
o Bulk items mixed with vegetation
[] Building material exceeds one
cubic yard
o Vegetation pile exceeds two cubic
yards
o Trash and/or garbage put out
before 24-hr. limit
D Loose trash prohibited
o Can/Cart to be kept out of sight from
street before & after pick up
o Hazardous waste - call office for
proper disposal
CJ Can exceeds 50 lb. maximum weight
o Other
The City of
Boynton Beach
PUBLIC WORKS DEPARTMENT
222 N.E 9th Avenue
P.D. Box 310
Boynton Beach FL 33435
Phone: (561) 742-6200
Fax: (561) 742-6211
I, the undersigned, request the City of Boynton Beach, Sanitation Division to
perform the service as stated below and agree to pay the charges as billed by the
City of Boynton Beach for the service provided.
NOTE: This special pick-up will be provided on your next scheduled bulk pick-up day.
DATE: 5/1/2006
DESCRIPTI ON:
PRICE QUOTE ON
ORESIDENTIAL TRASH
OCOMMERICAL TRASH
OVEGETATION DEBRIS
OUNSCHEDULED PICK UP
EXTRA PICK UP
DUMPSTER
EXTRA PICK UP
RECYCLING
EXTRA PICK UP
COMPACTOR
02 YARD $10.60
03 YARD $15.91
04 YARD $21.21
06 YARD $31.81
08 YARD $42.42
02 YARD $ 9.56
04 YARD $10.71
06 YARD $11.85
08 YARD $13.00
095 Gallon $4.15
02 YARD $20.29
03 YARD $30.43
04 YARD $40.57
06 YARD $60.86
08 YARD $81.14
CONTAINER NUMBER:
ACCOUNT NAME:
ACCOUNT NUMBER:
ADDRESS:
AMOUNT TO BE BILLED:
SPECIAL BILLING INFO:
AUTHORIZING SIGNATURE:
CITY OF BOYNTON BEACH EMPLOYEE INITIALS:
DATE SERVICE COMPLETED:
Attention:
Fax to:
Phone #:
Rev: 11/03/04
Document!
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HOLIDAY
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YOUR HOLIDAY
PICKUP Will Be:
HOLIDAY
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PICKUP DAY IS:
YOUR HOLIDAY
PICKUP WIll Be:
New Year's Day Sat., Jan 1 No Change labor Day Mon., Sept 5 Tues., Sept 6
Tues., Sept 6 Wed., Sept 7
Martin Luther Mon., Jan 17 Tues., Jan 18
King Day Tue., Jan 18 Wed., Jan 19 Veteran's Day Fri., Nov 11 No Change
President's Day Mon., Feb 21 Tues., Feb 22 Thanksgiving Thu., Nov 24 Fri., Nov 25
Tues., Feb 22 Wed., Feb 23 Fri., Nov 25 Sat., Nov 26
Memorial Day Mon., May 30 Tues., May 31 Christmas Sat., Dee 24 No Change
Tues., May 31 Wed., June 1 Sun., Dee 25
Independence Mon., July 4 Tues., July 5
Day Tues., July 5 Wed., July 6
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A GUIDE TO GARBAGE, BULK ITEMS AND
RECYCLING COLLECTION
Keeping our community clean is an important responsibility of both City employees and
homeowners. We are providing you with this information so you will be better informed about
certain rules pertaining to garbage collection and recycling in your area. We try to keep the
rules to a minimum so that you have a better understanding of what you can do to help ensure cost efficient
City collection of garbage and recyclables and also to continue everyone's efforts in maintaining a clean
community. We welcome suggestions on how we can improve our services. You may contact Public Works
at 742-6200.
RESIDENTIAL HOUSEHOLD GARBAGE COLLECTION
Residents with City issued garbage carts should place all garbage in the cart and close the lid securely. The
cart handle should face the house. No other garbage is allowed to be placed outside of the cart because the
automated truck does not have the capability of picking it up. The cart should be placed at the edge of the
road in front of your home, not in front of other's homes or vacant lots. The cart should not be blocked by
mailboxes, cars, or recycling bins and should be placed at least three feet from any obstructions. The cart
should be placed after 6 p.m. the day before pickup or by 6 a.m. on the pickup day.
WEEKLY BULK TRASH AND YARD WASTE COLLECTION
The Solid Waste Division provides weekly
pickup of bulk trash and yard waste at no
additional cost to you. Old furniture, appli-
ances, etc. are items that can be placed at
the edge of the road. These items must be
separated from household garbage and
vegetation. Place bulk items at the edge
of the road after 6 p.m. the day before pickup or by
6 a.m. on the pickup day. Please do not place
loose garbage on the bulk trash pile in front of your
home. Loose garbage can blow away and cause
your area to be unsightly. Placing
~ loose garbage at any location other
'_0 than inside the cart is a violation of
':' City code and may result in you be-
.
ing assessed a fine. Also, placing
any garbage of any sort on vacant property is a
violation of City code. We would prefer to not cite
anyone and ask that you place all loose garbage
inside the cart and only in front of your home.
Up to two cubic yards of tree trim-
mings, grass clippings and all yard
vegetation are picked up weekly.
Grass clippings, leaves, and other
loose yard waste must be contained in
heavy-duty plastic trash bags or in
separate containers that can be emp-
h tied by City employees. Loose leaves
and grass clippings that are not bagged
or in a container will not be picked up.
~ Tree limbs should not exceed four
. ~ inches in diameter and four feet in
length. Palm Fronds need not be re-
duced in size. Please do not mix yard waste mate-
rials with general garbage.
If you are unable to comply with these rules, or if
you have any special waste disposal needs, you
may contact Public Works at 742-6200 for an esti-
mate of cost to dispose of the items properly.
Exceptions: Items Not Accepted For Pickup
No hazardous material, large sheets of glass, debris from large tree removal, automobiles, automobile parts,
tires, boats, engines, toxic wastes such as motor oil, anti-freeze, paint or chemicals will be picked up by City
employees. Construction debris such as fencing, cabinets, carpeting, cement, dirt, etc. can be picked up by
City staff. However, because these items are not typically associated with garbage disposal, an additional
fee will be assessed for their collection. Call the Public Works Department to arrange for disposal of con-
struction related materials or to learn how to dispose of household hazardous materials.
CURBSIDE RECYCLING
Curbside recycling is available to all residences in the City and is picked up on a weekly basis. Residents
are asked to place the following items in the colored bins indicated:
YELLOW
Newspapers
Corrugated Cardboard Boxes
Magazines
Catalogs
Telephone Books
_:..e E.
f' . ~. 'c '"'7ri
,- .. .'
.
Corrugated cardboard boxes need to be flattened
and cut to 2' x 2' sections. Place the cardboard
in, or next to, the yellow recycling container. We
recognize that it is sometimes difficult to flatten
and reduce the size of cardboard. However, our
recycling trucks can only accept material that is 2'
x 2' in size. Also, the recycling trucks do not com-
pact their contents. Thus, if cardboard is not flat-
tened, we would be carrying many empty boxes
full of air causing multiple trips to the disposal site.
This would add cost to your monthly services.
BLUE
cd
Aluminum
Glass Bottles
Glass Jars
Drink Boxes
Milk & Juice Cartons
All Plastic Containers
Please do not place tissue boxes, cereal boxes,
plastic grocery bags or styrofoam in either of the
recycling containers. The Solid Waste Authority
of Palm Beach County does not recycle these ma-
terials.
I'
T..,
Recycle -> Reuse -> Reduce
2004 HOLIDAY PICKUP SCHEDULE
IF YOUR NORMAL YOUR HOLIDAY HOLIDAY IF YOUR NORMAL YOUR HOLIDAY
PICKUP DAY IS: PICKUP WIll BE: PICKUP DAY IS: PICKUP WIll BE:
Martin Luther Mon., Jan 19 Tues., Jan 20 Labor Day Mon., Sept 6 Tues., Sept 7
King Day Tue., Jan 20 Wed., Jan 21 Tues., Sept 7 Wed., Sept 8
President's Day Mon., Feb 16 Tues., Feb 17 Veteran's Day Thu., Nov 11 Fri., Nov 12
Tues., Feb 17 Wed., Feb 18 Fri., Nov 12 Sat., Nov 13
Mon., May 31 Tues., June 1 Thanksgiving Thu., Nov 25 Fri., Nov 26
Tues., June 1 Wed., June 2 Fri., Nov 26 Sat., Nov 27
Independence Mon., July 5 Tues., July 6 Christmas Thu., Dec 23 No change
Day Tues., July 6 Wed., July 7 Fri., Dec 24 No change
The City of Boynton Beach Public Works Department Solid Waste Division will be
conducting two types of Amnesty Days the week of June 7, 2004.
TIRE AMNESTY DAYS II
Residents may put up to eight (8) car and
passenger truck vehicle tires (with or with-
out rims) at the curb for pickup. The tires will be
picked up on the scheduled bulk trash day in your
neighborhood.
VEGETATION AMNESTY DAYS
Residents may put out an unlimited quantity of
vegetation; however, each piece must not exceed
four inches in diameter or four feet in length. The
vegetation will be picked up on the scheduled yard
waste pickup day (same day as bulk trash day) in
your neighborhood.
On Amnesty Days, please place tires or vegetation at the edge of the road at least three feet away from your garbage cart and
any other fixtures, such as telephone poles, mailboxes, etc. Items for collection can be placed at the edge of the road after 6 p.m.
the day before pickup or by 6 a.m. on the pickup day.
:2cn3
- ..:; . -:J- .
VdC~ I o. ~
A Guide to Garbage, Bulk Items and Recycling Collection
Keeping our community clean is an important responsibility of both City employees and
homeowners. We are providing you with this information so you will be better informed about
certain rules pertaining to garbage collection and recycling in your area. We try to keep the
rules to a minimum so that you have a better understanding of what you can do to help ensure
cost efficient City collection of garbage and recyclables and also to continue everyone's efforts in maintaining a
clean community. We welcome suggestions on how we can improve our services. You may contact Public
Works at 742-6200.
WEEKLY BULK TRASH & YARD WASTE COllECTION
of your home. Loose garbage can blow away
and cause your area to be unsightly. Placing loose
garbage at any location other than inside the cart is a
violation of City code and may result in you being
assessed a fine. Also, placing any garbage of any sort
on vacant property is a violation of City code. We
would prefer to not cite anyone and ask that you place
all loose garbage inside the cart and only in front of
your home.
Up to two cubic yards of tree trimmings, grass clip-
pings and all yard vegetation are picked up weekly.
Grass clippings, leaves and other loose yard waste
must be contained in heavy-duty plastic
trash bags or in separate containers that
can be emptied by City employees.
Loose leaves and grass clippings that are
not bagged or in a container will not be " ~
picked up. Tree limbs should not exceed ~
four inches in diameter and four feet in length.
Palm fronds need not be reduced in size. Please do not
mix yard waste materials with general garbage.
If you are unable to comply with these rules, or if you
have any special waste disposal needs, you
: - I may contact Public Works at 742-6200
I.i ~ . - for an estimate of cost to dispose
Il\ ~ of the items properly.
EXCEPTIONS: ITEMS NOT ACCEPTED FOR PICKUP
No hazardous material, large sheets of glass. debris from large tree removal. automobiles, automobile parts.
tires, boats, engines, toxic wastes such as motor oil, anti-freeze, paint or chemicals will be picked up by City
employees. Construction debris such as fencing, cabinets, carpeting. cement, dirt, etc. can be picked up by City
staff. However, because these items are not typically associated with garbage disposal. an additional fee will be
assessed for their collection. Call the Public Works Department to arrange for disposal of construction related
materials or to learn how to dispose of household hazardous materials.
du:0
;)0tC :;) 61- c2-
I CURBSIDE RECYCLING
I Curbside recycling is available to all residences in the City and is picked up on a weekly basis. Residents are
asked to place the following items in the colored bins indicated:
YELLOW BLUE
Aluminum
Glass Bottles
Glass Jars
Drink Boxes
Milk & Juice Cartons
All Plastic Containers
Corrugated cardboard boxes need to be flattened and
cut to 2' x 2' sections. Place the cardboard in, or next to,
the yellow recycling container. We recognize that it is
sometimes difficult to flatten and reduce the size of
cardboard. However, our recycling trucks can only
accept material that is 2' x 2' in size. Also, the recy-
cling trucks do not compact their contents. Thus, if
cardboard is not flattened we would be carrying
many empty boxes full of air causing multiple trips to
the disposal site. This would add cost to your
monthly services.
Please do not place tissue
boxes, cereal boxes,
plastic grocery bags or
styrofoam in either of the
recycling containers. The Solid Waste Authority of
Palm Beach County does not recycle these materials.
The City of Boynton Beach Public Works Department Solid Waste Division will be conducting two types of
amnesty days in 2002.
Tire Amnesty Days will be held the weeks of May 20 -
24, August 19 - 23. and November 4 - 8.
Residents may put up to
eight (8) car and passen-
g~r truck vehicle tires
(with or without rims) at
the curb for pickup. The tires
will be picked up on the scheduled bulk
trash day in your neighborhood.
On these amnesty days, please place tires or vegetation at the edge of the road at least three feet away from your
garbage cart and any other fixtures, such as, telephone poles, mailboxes, etc. Items for collection can be placed at
the edge of the road after 6 p.m. the day before pickup, or by 6 a.m. on the pickup day.
Vegetation Amnesty Days will be held the week of
May 20 - 24.
Residents may put out an unlimited quantity of
vegetation; however, each piece must not exceed four
inches in diameter or four feet in length. The vegeta-
tion will be picked up on the scheduled yard waste
pickup day (same day as bulk trash day) in your
neighborhood.
Public Works Department
Announces
Residential Vegetation Amnesty Week
The Public Works Solid Waste Division is offering
a special Residential Vegetation Amnesty
Cleanup Week. During the week of Monday,
August 8th through Friday, August 12th, 2005,
residents may put unlimited amounts of trimmed
vegetation at the curb for pickup.
Branches and trees should be cut in 4-foot
lengths not to exceed 4 inches in diameter, and
placed at the curb. The vegetation will be picked
up on the residential bulk trash pickup day in your
neighborhood and, in accordance to City Code,
cannot be generated by a commercial
trimmer/landscaper. This additional Vegetation
Amnesty Week is being offered to encourage
regular residential maintenance and assist us
with our hurricane preparedness. It is very impor-
tant to cut down weak or hanging tree limbs and
to remove dense foliage in your yard.
For questions call Public Works at 742-6200.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
111.- ANNOUNCEMENTS &
PRESENTATIONS
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
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
[8J May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement [8J Presentation
0 City Manager's Report
RECOMMENDATION: Allow informational presentation regarding the Boynton Beach Building Department Customer
Service Hotline.
EXPLANA TION: At the April 18,2006 City Commission meeting, the Commission discussed customer service in the City's
Building Department. The City Manager took ownership of the issue and immediately put in place a 24-hour voice mail
hotline located in the City Manager's office. The hotline number is (561) 742-6014. Callers are encouraged to share
information about their experiences with the Boynton Beach Building Department. Concerns can be left unanimously, or for
those customers wanting a response, they are asked to leave appropriate contact information. The hotline is checked daily and
all calls are logged in and followed-up on. Anyone wishing to speak to a representative of the City Manager's office can
contact Carisse Lejeune, Assistant to the City Manager at (561) 742-6012. The goal is to improve service to the public where
needed and to document employees being recognized for superior service.
PROGRAM IMPACT: The Building Department Customer Service hotline information has been advertised in the Palm
Beach Post and will run in the next Chamber of Commerce newsletter. It will be publicized on the City Hall message on hold
and posted on the City Hall marquee. A letter from the City Manager (Exhibit A) is being provided to all permit applicants at
the Building Permitting Department.
As of May 1,2006, there have been five phone calls to the hotline. Carisse Lejeune has been working directly with Nancy
Byrne and other key staff members to resolve the issues. Attached (Exhibit B) is a spreadsheet documenting all inquiries and
follow-up. So far, three of the five issues have arisen due to a miscommunication between customer and contractor. The
Building Department has already taken steps to help rectifY this issue by calling customers when contractors have been
contacted to pick-up permits.
The City Manager's office will continue the hotline for sixty (60) days and evaluate the continuation.
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to allow the presentation
~-
, City Manager's Signature
Department Head's Signature
SIBULLETfNIFORMS\AGENDA ITEM REQUEST FORM.DOC
ewV
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Name
City Attorney I Finance I Human Resources
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Th.e 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: bressnerk@ci.boynton-beach.fl.us
www.boynton-beach.org
Boynton City Manager Asks About Your Experience with our Building Deoartment
At the April 18, 2006 City Commission meeting, the Commission discussed customer service in the
City's Building Department. With new staff on board in the department and pay ranges for existing
staff brought up to market, it is a good time to see where the Building Department does well and
where we need to make improvements. A special 24-hour voice-mail line has been set up to take
information about your experiences with the Boynton Beach Building Department. Names are not
needed unless you would like a response or if you are having a current building permit issue that
you would like to discuss with a representative of the City Manager's Office. The phone number
for the 24-hour voice-mail hotline is 561-742-6014. If you wish to talk to a representative of the
City Manager's Office about a current or past service issue involving the Building Department, or if
you need help with a pending permit, please call Ms. Carisse Lejeune, Assistant to the City
Manager at 561-742-6012. Our goal here is to improve service to the public where it needs to be
improved with coaching to employees and to make sure that superior service examples offered by
the Building Department are also documented with employees recognized for superior service.
Thank you,
~
Kurt Bressner, City Manager
EXHIBIT "A"
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V. ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 05/02/06
LAST NAME FIRST NAME 1st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
Barnes Matthew Community Redev. Planning & Dev. 3/30/06
AQencv Board Board
Ewing Alyssa (STU) Adv. Bd on Children 4/18/06
& Youth
Hay Woodrow Community Redev. 4/13/06
Aqencv Board
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM B.l
AGENDA ITEM REQUEST FO~
Requested City Commission Date Fina] 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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 Apri] 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May] 6, 2006 May 1, 2006 (Noon) 0 July ]8,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: A motion to award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID
CAUSTIC SODA)" Bid # 027-2821-06/CJD to ALLIED UNIVF;RSAL CORPORATION, of Miami, Florida with an
annual estimated expenditure of $147,506.00 for the Utilities Department.
CONTRACT PERIOD: MAY 3, 2006 TO MAY 2, 2007
EXPLANATION: On March 21, 2006 Procurement Services received and opened four (4) sealed proposals for the
referenced bid. Allied Universal Corporation was the lowest, most responsive, responsible bidder overall and who
meets all specifications and has provided satisfactory service in the past. Sodium Hydroxide is used at the West Water
Treatment Plant to raise the pH of the product water to prevent scaling in the pipelines and to neutralize hydrogen
sulfide in the off-gas scrubber. The Utilities Department purchases eighty (80) dry tons of 25% and two hundred and
seven (207) dry tons of 50% Sodium Hydroxide. Kofi Boateng, 'Utilities Director, concurs with this recommendation
(see attached memo #06-54). The provisions of this bid award will allow for a one (1) year extension at the same
terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the
renewal is in the best interest of the City.
PROGRAM IMPACT: The purpose of this is to secure a source to provide the best quality Sodium Hydroxide (Liquid
Caustic Soda) available at the most economical price.
FISCAL IMPACT:
BUDGET ACCOUNT#:
401-2811-536-52-35
2005-2006
ESTIMATED ANNUAL EXPENDITURE:
$147,506.00
FY 2004-2005 EXPENDITURE $146,000.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Dave Ailstock - Chief Operator
Barbara Conboy - Utilities Administration
File
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVE: The Sodium Hydroxide is a chemical that is used in our water treatment plant to raise the pH of the
water for optimal corrosion control and other purposes. There are no alternatives for it in the current setting of the
unit process.
Procurement Services
Department
C#v</
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Dave Ailstock - Chief Operator
Barbara Conboy - Utilities Administration
File
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MEMORANDUM
UTILITIES #06-54
r~~~I,"ED
tMJCO,~
PROCl.l'~ ,iCES
TO: Mary Munro
Assistant to Finance Director
FROM:
Kofi Boateng
Utilities Director
Ie i
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DATE: March 27, 2006
SUBJECT: Purchase of Sodium Hydroxide Bid # 027-2821-06/CJD
Agenda Item
Sodium hydroxide is used at the West Water Treatment Plant to raise the pH of
the product water to prevent scaling in the pipelines and to neutralize hydrogen
sulfide in the off-gas scrubber. The current bid with Allied Chemical has expired.
We received four (4) bids that would meet our needs; provide 25% and 50%
sodium hydroxide based on the total cost per year of purchasing eighty (80) dry
tons of 25% and two hundred and seven (207) dry tons of 50% sodium
hydroxide. Allied Universal Corporation has the lowest total bid price. Bid
number 027-2821-06/CJD was opened March 21S\ 2006 at 2:30PM.
We recommend awarding the bid to purchase sodium hydroxide from Allied
Universal Corporation for an estimated annual amount of $147,506.00 as they
are the lowest overall bidder and have provided adequate service before.
Please place this item on the next available City Commission Agenda to approve
the bid for Allied Universal Corporation. 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.
KB/plw
Cc: Michael Low
Barbara Conboy
Dave Ailstock
FROM
FAX NO.
Mar. 28 2006 12:12PM P1
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BIDDER ACKNOWLEDGEMlliNT
Submit Bids To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date (City): FEBRUARY 29, 2006
Bid Title: ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)
Bid Number:
027-2821-06/CJD
Bid Received By:
MARCH 21, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: MARCH 21,2006, no later than 2:30 P.M. Oocal time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor:
Allied Universal Corp.
Federal J.D. Number:
59 0776285
A Corporation of the State of:
Florida
Area Code: 305
Telephone Number:
888-2623
Area Code: 305
FAX Number:
463-8369
Mailing Address:
3901 N.W. 115 Ave.
City/State/Zip:
Miami, FL 33178
Vendor Mailing Date:
March 15, 2006
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL
15
PROPOSAL BLANK
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Bidders:
Date: March 15, 2006
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of product called for.
When submitting more than one bid proposal price for this product and/or service, indicate how
many individual and/or combination item(s) are to be tabulated and considered. Attach a separate
proposal sheet for each.
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of:
25% SOLUTION:
SODIUM HYDROXIDE
$
607.40/Dry Ton
Unit Price Dry ton
478.30/Dry Ton
Unit Price Dry ton
(Minimum Delivery 4,000
Gallons)
(Minimum Delivery 3,500
Gallons)
50% SOLUTION
SODIUM HYDROXIDE:
$
ALL PRICES F.O.B. BOYNTON BEACH
Anticipated Annual Volume is 1,467,400 pounds per year. (638,000 of 25% + 829,400 of 50%) or
287 dry tons (80 of25% + 207 of 50%).
Certificate of Compliance/analysis submitted?
vP~
Product Brand: Sodium Hydroxide - Rayon Grade - Caustic Soda, Liquid
MSDS submitted? YP~
Unit Price per Dry Ton shall be firm through the Contract Period.
It is further agreed that the product will be delivered within 3 wo~lendar days from the date of
the Purchase Order from the City.
THIS PAGE TO BE SUBMITfED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
16
BID PROPOSAL CONTINUED.............
Number of Bid Proposal prices submitted
r?:)J
tP"
2
Specification "check-off' sheets (Pages 3-5) submitted
Yes
Yes/No
Allied Universal Corp.
COMPANY NAME
~~//~uY
SIGN
Catherine Guillarmod
PRINTED NAME
(305) 888-2623
TELEPHONE NUMBER
Executive Administrator
TITLE
THIS PAGE TO BE SUBMIITED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
17
SPECIFICA TIONS
FOR
Annual Supply of Sodium Hydroxide (Liquid Caustic Soda)
Scope of Work: The City of Boynton Beach Utilities Department is seeking a firm price
per dry ton for the purchase of Sodium Hydroxide for one (1) year to be used at the West
Water Treatment Plant located at: 5469 W. Boynton Beach Blvd., Boynton Beach, Florida.
Please place an (x) on the blank line next to each item if a specification is met. If exception is
taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit
specifications "check-off' sheets (Pages 3-5) with the proposal sheet in order for a bid to be
considered.
--1L-1.
X 2.
--1L-3.
X 4.
x 5.
---1L- 6.
X 7.
X 8.
-.-L9.
Acceptable Standard: Rayon Grade - Sodium Hydroxide
Sodium Hydroxide will be shipped as liquid caustic soda.
Delivery will be a twenty (20) ton minimum load (3,135 gallons).
Total Anticipated Annual Volume (not guaranteed) is 50,000 gallons, 638,000
lbs., or 80 dry tons from November 15t - March 3l5t of 25% NaOH and 65,000
gallons, 829,400 lbs. or 207 dry tons from April 15t - October 31 5t of 50% NaOH.
The bidder must submit a certificate of compliance and a certificate analysis, as to
the composition of the product with the bid.
The successful bidder's shipper is responsible for matching our receiving tank
equipment with their tank discharge system.
The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the
product and conduct a one (1) hour safety seminar on site for staff who will
handle this material.
The successful bidder will provide a representative to visit the plant a minimum of
two (2) times per year to coordinate shipping, safety, unloading and to inspect the
results of product on the feed system.
Coordinate all deliveries between the business hours of 7:00 a.m. and 4:00 p.m.,
Monday through Friday with the exception of holidays.
3
BID SPECIFICATIONS CONTINUED..... ......................
CAUSTIC SODA. LIQUID (SODIUM HYDROXIDE - NaOH)
25% RAYON GRADE
REFERENCE LCP
SPECIFICA nONS TEST METHODS
SODIUM HYDROXIDE 24.0 - 26.0 % BY WT. ACS 1.17
(AS NaOH)
SODIUM OXIDE 18.0 - 19.5 % BY WT. ACS 1.17
(Na20)
SODIUM CARBONATE 0.02% (MAX.) ACS 1.15
(N<uC03 )
SODIUM CHLORIDE 0.004% (MAX.) CCS 1.15
(N aC 1)
SODIUM SULFATE 0.01% (MAX.) SCS 5.01
(N<uS04)
IRON (Fe) 4.0 PPM (MAX.) ICS 2.06
MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07
4
BID SPECIFICATIONS CONTINUED.................
CAUSTIC SODA. LIQUID (SODIUM HYDROXIDE - NaOH)
50% RAYON GRADE
REFERENCE LCP
SPECIFICATIONS TEST METHODS
SODIUM HYDROXIDE 49.0 - 51.0% BY WT. ACS 1.17
(AS NaOH)
SODIUM OXIDE 38.0 - 39.5% BY WT. ACS 1.17
(Na20)
SODIUM CARBONATE 0.02% (MAX.) ACS 1.15
(Na2C03 )
SODIUM CHLORIDE 0.004% (MAX.) CCS 1.15
(NaCl)
SODIUM SULFATE 0.01% (MAX.) SCS 5.01
(Na2S04)
IRON (Fe) 4.0 PPM (MAX.) ICS 2.06
MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07
5
ANTI-KICKBACK AFFIDA VIT
STATE OF FLORIDA )
. SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By:
~_~<rf1'd/LkMy'
NAME - SIGNA
Sworn and subscribed before me
this 15 day of Ma rr'h
,2006
Printed Information:
Catherine Guillarmod
NAME
Executive Administrator
TITLE
Allied Universal Corp.
COMPANY
1':1\ Ancha L Sn6Nln
;'~.J ~~00DS313
..."" ~ ApIa, 7IX11
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMIITED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
18
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Yes
~
No
Is your company a Minority Owned Business?
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISP ANlC
( ) WOMEN
( ) OTHER
(specify)
( X) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES
NO
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB - 1
Revised 02/22/05
19
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
I) 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 subsection (I).
4) In the statement specified in subsection (I), notify the employee 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 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 of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
~~,~~J<aJ
Vendor's Si e
TillS PAGE TO BE SUBMIITED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20
'~'llAIIII!!!IIII!!!IR
rr4.'.--'--' ~~
ISO 9(H) I :2{)()()
St. Gabriel, LA
SODIUM HYDROXIDE
500/0 AQUEOUS SOLUTION
RAYON GRADE
@
USA
Tel: (713) 570-3200
Canada
Tel: (514) 397-6100
APPUGABID[T>Vl;'~'ENERAL
. _':'_.~..;;,_:.t"'~;.~,.~:":'''!'~'~i~:)}~::1..:''~--:! J-:}..;~it~-.,.,..: '.:' _
~.;.~J-_f~"l>l"~:~~_'~~~'+'''Wro;~' . ,~'J."""",".~~~., . - ~,.~;;,o. .
INDEX:
ISSUED:
SUPERSEDES: .,
SALES SPECIFICATIONS
Carbonates (as Na2C03)
Chlorides (as NaCI)
Chlorates (as NaCI03)
Sulfates (as Na2S04)
Iron (Fe)
Copper (Cu)
Nickel (Ni)
Mercury (Hg)
Heavy Metals (as Pb)
Arsenic (As)
T atal Organic Carbon (TOC)
% 38.35 min.
0/0 39.90 max.
0/0 49.50 min.
0/0 51.50 max.
0/0 0.05 max.
ppm 50.0 max.
ppm 1.0 max.
ppm 10.0 max.
ppm 2.0 max.
ppm 0.3 max.
ppm 0.3 max.
ppm 0.5 max.
ppm 10.0 max.
ppm 1.0 max.
ppm 50.0 max.
Total Alkalinity (as Na20)
Hydroxide Alkalinity (as NaOH)
Note 1:
All % and ppm values are expressed on a weight by weight 50% solution basis
Note 2:
This grade of Sodium Hydroxide Liquid meets the following standard:
. American Water Work Association Standard (AWWA 8501-98)
. ASTM E-1098-1993
. Food Chemicals Codex (FCC-1996)
. Water Chemicals Codex (WCC-1982)
. Certified NSFfANSI Standard 60, Drinking Water Treatment Chemicals Health Effects - 2002
Contact PIONEER for additional technical information
In the United States. call (713 )570-3200 and in Canada, call (514) 397-6100
Our Quality System is ISO 9001 :2000 registered
The product infonnatio" presenlfld herein, while not guaranteed. is true and accur 't;l to the best of our knowledge. No warranty or guarantee express
or 'fT\plied. is made req.Hding p"rlormance, stability.' other",,;';. or regarding ac Jacy or sufficiency 01 such :\roduct inl.~rmation. Buyer a '::;~pts the
loregoing product infonnation at Buyer'S own risk. W,,,le our technical personnel wolf t)e happy to respond 10 QuestIons regarding sale handliny and use
procedures. sale hand:ing and l,se remains the resf,,',sibililY ,)1 the Buyer. 111'2 C 'cod product uses are lor inlorrlcllional pLrposes only and Bu\'_" should
'n,.ostigate and estal>lis', to Buye"s s'llisfaction Ihe s :,:ability 0: "ad' such use Ir,.lye(s Ow" purposes. No Sl: igestions "_'r use are inten,1e! as. and
nO.I~,n9 ",erein sh.11l1)f: :-::onstrue i;tS .1" recomme'";..11,":,_m to inl: _r 9~ .Iny exiSlt~:f] :1. ".'nlS or t, ,..iol;"tte any aopl,-:;:, -)t:~ law
~,.,' "f, Y"O ;",..
v r"'~'<\
. \
lu
~~> - .
'0
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR~-.
VI.-CONSENT AGENDA
ITEM C.l
Requested City Date Final Form Must be
Commission Meetino Dates Turned in to City Oer1<'s Office
Requested Oty Commission Date Final Form Must be
Meetino Dates Turned in to City Clerk's Office
0 April 4, 2006
0 April 18, 2006
IZI May 2, 2006
0 May 16, 2006
March 20, 2006 (Noon.) 0 June 6, 2006
April 3, 2006 (Noon) 0 June 20, 2006
April 17, 2006 (Noon) 0 July 5, 2006
May 1, 2006 (Noon) 0 July 18, 2006
May 15, 2006 (Ns:>.OJ1)
June 5, 2006 (NOtllY
;:',J
-~ '-~~ --1
~<
-<~ c:.::
June 19, 2006 (Noe.&
-',.-)
July 3, 2006 (Noort):;
NATURE OF
AGENDA ITEM
o Administrative
IZI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Managers Report
;:::)
~~~
<in
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Staff recommends that Commission approve the adoption of Resolution R06_
accepting the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 06/07, 07/08, and 08/09. These
funds are for the continuation of the State Housing Initiatives Partnership (SHIP) Program.
EXPLANATION: In accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the
William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled"
communities to assist with affordable housing efforts. The Plan is a continuation initially established in 1997 with
input from citizens directly involved in the housing industry, and is consistent with the housing element of the
City's Comprehensive Plan.
PROGRAM IMPACT: SHIP Grant funds play a major part in the City's continuing effort to provide decent,
affordable housing and improve the housing stock in the older, more depressed neighborhoods in the target area.
Since the implementation of the program, the City of Boynton Beach has assisted 129 low and moderate income
families obtain homes, and 135 low income families make repairs to their homes.
FISCAL IMPACT: Funding to begin in July of this year will be approximately $616,343 annually for the next
three (3) years. A maximum of ten percent (10%) will be used for administering the program, which equates to
$61,634 annually.
programs from the general fund.
Department of Development
Community Improvement Division
Department Name
---
S:\Community Improvement\Agenda Requests\2006\CC5-2 LHAP.doc
~
I
2
3
4 RESOLUTION R06-
5
6 A RESOLUTION OF THE CITY COMMISSION OF
7 THE CITY OF BOYNTON BEACH, FLORIDA,
8 ADOPTING THE STATE HOUSING INITIATIVES
9 PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING
10 ASSISTANCE PLAN, FOR STATE FISCAL YEARS
11 2006-07, 2007-08 AND 2008-09; PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues
15 resulting from the William E. Sadowski Affordable Housing Act are distributed to various
16 municipalities that are "entitled" communities to assist with affordable housing efforts; and
17 WHEREAS, The Plan (attached hereto and made a part hereof) was initially
18 established in 1997 with input from citizens directly involved in the housing industry, and is
19 consistent with the housing element of the City's Comprehensive Plan; and
20 WHEREAS, the City finds pursuant to Chapter 420.3075(6), Florida Statutes, that
21 5% of the Local Housing Distribution is insufficient to adequately pay the necessary costs
22 of administering the Local Housing Assistance Plan, and intends to utilize the maximum
23 allowable distribution of 10%; and
24 WHEREAS, upon the recommendation of staff, the City Commission deems it to
25 be in the best interests of the citizens and residents of the City of Boynton Beach to adopt
26 the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years;
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1.
The foregoing "Whereas" clauses are true and correct and are hereby
S:\CA \RESO\SHIP Housing Plan 0607 -0809.doc
ratified and confirmed by the City Commission.
2
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
3 adopts the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 06/07 _
4 08/09, subject to receipt of funding.
5
Section 3.
This Resolution shan become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of May, 2006.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 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
34
S:\CA \RESO\SHIP Housing Plan 0607-0809.doc
CITY OF BOYNTON BEACH
STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAM
LOCAL HOUSING ASSISTANCE PLAN
For State Fiscal Years
2006/2007, 2007/2008, and 2008/2009
City of Boynton Beach
State Housing Initiative Partnership (SHIP) Program
Local Housing Assistance Plan
State Fiscal Years 2006/2007. 2007/2008. 2008/2009
I. PROGRAM DESCRIPTION
The City of Boynton Beach's Local Housing Assistance Plan was initiated with the
adoption of Ordinance No. 97-11 on May 6, 1997. The program was designed to
promote and implement the goals of the State Housing Initiatives Partnership
(SHIP) Program and the City's Comprehensive Plan by producing and preserving
affordable housing. It is used citywide to increase affordable housing for very-
low income, low-income, and moderate-income households within the City. The
program also helps implement the goals of the City's Community Development
Block Grant (CDBG) Consolidated Plan. This will be achieved pursuant to the
SHIP program through production, acquisition, and rehabilitation of affordable
housing using funds as provided by the SHIP Act, and will be expended in the
following manner:
A. Approximately eighty seven percent (87%) of the funds will be used by
the City to implement the program in the following manner.
1. Purchase Assistance - The City of Boynton Beach will provide GAP
financing in the form of no interest, deferred loans to eligible, qualified
households for down payment assistance, closing costs, and mortgage
interest reduction, for the purchase of a new or existing home, which
mayor may not need additional rehabilitation repairs. This strategy
supports the City's Comprehensive Plan Housing Element objective of
providing increased housing opportunities for very low, low, and
moderate-income persons, as well as the Consolidated Plan objective
of assisting cost-burden to purchase homes. The zero percent interest
deferred payment loan will be concurrent with the first mortgage. In
the event the property is transferred, sold, refinanced, or ceases to be
owner occupied within the loan term, the principal amount will become
due and payable. This strategy will serve very-low, low, and
moderate-income households.
2. Rehabilitation/Emergency Repair - Eligible persons who own and
occupy substandard housing units may be awarded funds to
rehabilitate such units as eligible housing. This strategy furthers the
City's Comprehensive Plan Housing Element objective of maintenance
of the existing housing stock.
3. Disaster Mitigation/Recovery - SHIP funds will be used to provide
emergency repairs to income eligible households in the aftermath of a
natural disaster to address emergency housing repair needs, assist
with insurance deductible requirements, and provide short term
housing.
B. The City of Boynton Beach has targeted the older more depressed area
east of Interstate 95, west of the FEC railroad as the area of preference
for redevelopment where SHIP funds will be used. However, these funds
are also available for eligible applicants anywhere in the city limits.
Mobile homes and rental properties are not eligible for assistance.
However, condominiums and townhouses have been identified as those
housing units more affordable to applicants with special needs, as well as
single parents. Therefore, these units will be allowed.
C. The Plan covers a three (3) year period covering fiscal years 2006/2007.
2007/2008, and 2008/2009.
D. The Three Year Housing Assistance Plan was developed from information
and suggestions solicited from local lenders, developers, realtors, and
non-profit developers of affordable housing and support services. The
following organizations were major contributors to the strategy; The
Community Financing Consortium, Inc., The Boynton Beach Faith-Based
Community Development Corporation (BBFBCDC), the Local Initiatives
Support Corporation (USC), and a collaborative of various local lenders as
well as developers. The Plan was refined and developed with the input
received on administration, partnerships, funding limits, program
strategies, and homeowner training.
E. Support Services: The Local Partnership has a variety of organizations
that provide services to SHIP applicants. The Boynton Beach Faith-Based
CDC, a non-profit organization also supported by USC and a sub recipient
of the city of Boynton Beach's CDBG funds has taken an aggressive roll in
this endeavor. This organization acts as a Liaison between the City and
its applicants, preparing them for home ownership with the counseling
and hand holding that is required by the applicants. The Boynton Beach
Community Life Care Center, a non-profit organization that provides self-
sufficiency programs which encourages among other things education,
training, and home ownership as one of its priorities. The City of Boynton
currently provides rent free housing in a City owned building for the local
Head Start Program, which accommodates childcare for low-income
residents in the target area.
2
The Boynton Beach Community Redevelopment Agency (CRA) is
implementing an Affordable Housing Program, which will compliment the
City's in an effort to assist those homeowners within its area to achieve
the dream of home ownership.
A maximum of three percent (30/0) of the SHIP allocation will be available
during all three fiscal years for providing home ownership training and
counseling for first time homebuyers as well as owners of homes assisted
through the Local Housing Assistance Program. This will be a continuance
of the partnerships with local lenders, Life Improvement for Tomorrow,
Boynton Beach Faith-Based CDC, and any other providers of this service
that are identified by the City at no charge to the applicants. These funds
will help defray the cost associated with this service. The importance of
post-purchase training in the areas of budgeting and maintenance is
expected to be on going. The Boynton Beach Faith-Based CDC has been
recently certified in this area.
The City has formed strong partnerships with the following agencies:
· Life Improvement for Tomorrow (LIFT) is a non-profit organization that
provides home Education, Credit Education, and Money Management
classes, both in English and Spanish. The City has also encouraged its
lending partners to co-fund these classes as well. The City has sought
and encouraged the participation of local realtors to provide services as
agents for its applicants in the purchasing process.
· The Boynton Beach Faith-Based CDC has recently become a HUD
Certified Housing Counseling Agency. They will offer pre-purchase
counseling and workshops; post purchase counseling, and workshops
covering major and minor home maintenance.
II. INTERLOCAL AGREEMENT
There is no interlocal agreement applicable.
III. LOCAL HOUSING PARTNERSHIPS
A. The City of Boynton Beach currently enjoys successful Partnerships with
local lenders, developers, community based organizations and non-profits
in the pursuit of affordable housing opportunities. Efforts to expand this
arena have included the invitation to real estate brokers as well. Staff has
met on several occasions to solicit input from these organizations to
broaden opportunities for decent affordable housing. The Partnerships will
3
continue to meet on a regular basis to evaluate the overall effectiveness
of the housing program n an effort to make suggestions for improvement
as needed.
B. The City of Boynton Beach also collaborates with local lenders by
allocating a portion of Community Development Block Grant funds to
leverage loans from lenders to provide housing rehabilitation. This
leveraging of funds helps provide the foundation of increasing the supply
of affordable housing for Boynton Beach's residents. This strategy also
supplies home ownership opportunities for very-low, low, and moderate-
income households. These dollars help reduce the risk that may be
involved to lenders and helps add to the equity needed to supply large
dollars required to bring substandard houses up to code.
The Local Initiatives Support Corporation, the Community Financing
Consortium, the Palm Beach County Affordable Housing Collaborative, and
Consumer Credit Counseling have formed a partnership to provide
homebuyer counseling in the form of a "training institute". This
collaborative effort provides counseling to potential homebuyers to
educate them of their duties and responsibilities as homeowners and
create a form of micro lending with the use of CDBG funds for small
industries for potential low income homebuyers with skills that they can
perform at home.
The City Of Boynton Beach enjoys a Definitive Agreement whereby it
received a percentage of profits with a local non-profit from a
Development that went into receivership. These funds have been
designated for affordable housing, and are currently used to provide
landscape grants, pay permit fees that cannot be waived, rehabilitate
substandard units, and acquire land for new construction. SHIP funds will
free up those ad valorem dollars that are currently being used for
rehabilitation to enable the City to use for land acquisition.
The entitlement status CDBG dollars provides for a broader range of
capital improvements and economic development to further enhance the
housing stock of the City, and promote the economic stability of the
community.
4
IV. STRATEGIES
A. Purchase Assistance Loan Program
Fiscal Years: 2006/2007, 2007/2008, and 2008/2009.
Activities: Assist very-low, low and moderate homebuyers with the
purchase of a home. This loan will provide "GAP" financing in the form of
a zero percent interest (00/0) deferred loan for first mortgage assistance to
insure affordable monthly payments. Eligible costs under this strategy may
include but are not limited to down payment and closing costs on first
mortgage and repairs needed to make the unit habitable. Eligible
properties include newly constructed homes (built within 12 months of
closing), or existing homes, which mayor may not need rehabilitation.
Rehabilitation is defined as the repairs or improvements needed for safe
and sanitary habitation, correction of substantial code violations or the
creation of living space due to overcrowding.
Fiscal Years: This strategy will be utilized during all three State
fiscal years covered by this plan: 2006/2007, 200/-2008, and 2008/2009.
Income Categories: Household income must not exceed 120% of
the median income figure, adjusted for family size, provided by the State.
The maximum amount of SHIP funds awarded for this strategy depends
on the family's income as follows:
Income Category
Very Low
Low
Moderate
Maximum Award/*with repairs
$75,000/$85,000
$75,000/$85,000
$50,000/$60,000
* An additional $10,000 may be available above purchase assistance for
necessary code-related repairs when applicable.
Each applicant will be responsible for a minimum of 30/0 towards down
payment/closing costs, and/or processing of their mortgage loan. The
applicants' income must be verified in order to certify as being eligible.
Recapture Provisions: The program will provide a deferred payment
loan covering the full amount of assistance with a percentage of the
equity earned to be shared at the time of transfer or closing to qualified,
eligible homebuyer. The deferred payment loan is forgivable at the
original term of the mortgage, providing the home remains owner
occupied and honors all requirements of the deferred payment loan. A
5
second (subsequent) mortgage will be placed on the home. If the home
is sold, transferred or refinanced prior to the original term period, the
deferred payment loan and the shared equity is recaptured at time of
closing and the funds are returned to the City of Boynton Beach SHIP
Program. In case of death of the homeowner, the deferred payment loan
would continue as long as the new owner is income eligible under the
SHIP guidelines, and resides in the dwelling. If the new owner is not
eligible, the house is sold, transferred, or refinanced, the sum of the loan
and the shared equity would be due and payable and the owner must pay
a percentage of the excess profit to the City Of Boynton Beach:
Shared Equity
The owner must pay 800/0 of the equity to the City during the first five
years; during years 6-20, the City receives 50% of the excess profit; and
during years 21-30, 15% of the equity per the appraised fair market
value during the term of the owner's loan. If the Owner lives in the
property for the full term of the original mortgage the City's mortgage is
forgiven.
Years of Ownershi
1-5
6-20
21-30
Right-of- First-Refusal
The City also has the rig ht-of-fi rst-refusa I to match the appraised fair
market value. If the City does not have an approved applicant to
purchase the property within forty five days after the receipt of the
appraisal, the owner can sell the property to anyone certified as income
eligible for affordable housing standards.
Selection Criteria: Applicants must be income eligible with
incomes between zero and 120% of the median income as provided by
the State and adjusted to family size.
Purchasers must be first time homebuyers, to include displaced
homeowners due to divorce, purchasing within incorporated Boynton
Beach area, and may not currently have assets exceeding $15,000 (gifts
included in the asset calculation). If the applicant has funds that exceed
the $15,000 maximum and income certified, he/she must commit one
third (1/3) of his/her assets to be used in addition to the amount of
assistance provided. The exception to this would be if the applicant has
funds in a retirement fund that can only be accessed by termination. The
L lV's must be adhered to.
6
The applicants will be selected on a first-come, first-served basis, and
must be certified as very-low, low, or moderate income as a result of third
party verifications. The potential homebuyer must be credit worthy and
have sufficient income required to obtain mortgage financing from a
participating lender, and must attend a homebuyer education course
offered by participating lenders and/or community based development
organizations. The applicant must not own any other residence unless it
is being replaced with the construction of a new home through the SHIP
Program.
B. Emergency Repair I Rehabilitation Deferred Loan
Fiscal Years: 2006/2007, 200/-2008, and 2008/2009.
The maximum amount of SHIP funds awarded for this strategy depends
on the family's income as follows:
Income Category
Maximum Award
Very Low........ ....... ............. ................... $40,000.00
Low............. ............................................40,000.00
Moderate ............ ................. ......... .... .... ... 20,000.00
Activities: The City of Boynton Beach passed a Community Appearance
Code Ordinance in 1996. The result of stepped-up code enforcement has
made rehabilitation a cost burden for many very-low, low, and moderate-
income residents.
Fiscal Years: The strategy will be utilized during all three State
fiscal years covered by this plan: 2006/2007, 2007/2008, and 2008/2009.
Selection Criteria: This program is designed to assist very-low,
low or moderate-income homeowners with needed repairs as defined by
Chapter 91-37, Florida Administrative Code. Rehabilitation is defined as
the repairs or improvements, which are needed for safe or sanitary
habitation, correction of substantial code violations, or the creation of
additional living space to correct overcrowding. Deferred Payment Loans
are provided to eligible households for the repair of owner-occupied units
within the City of Boynton Beach. Repairs of an emergency nature, as
determined by the City of Boynton Beach's Construction Coordinator are
given priority. Mobile homes and rental units are not eligible for
assistance in this strategy. Condominiums and townhouses will be
evaluated on a case by case basis for this strategy.
7
SHIP funds maybe matched with private funds, bank loans, credit union
loans, and Community Development Block Grants (CDBG) funds.
Applicants will be selected on a first-come, first-served basis. Applicants
may not own any other residence, and must own and occupy the home
being rehabilitated for the duration of the deferred payment loan. All
property taxes and/or assessments must be current. There may not be
any judgments or liens against the property, and mortgages must be
current.
Recapture Provisions: An interest free deferred payment loan will be
provided for qualified applicants. The deferred loan is forgivable at 10%
annually for ten years. The City will place a mortgage on the unit in the
amount of the assistance provided. In the event the home is sold,
transferred, or refinanced, the pro rated amount remaining on the loan
will be due and payable. In case of death of the homeowner, the deferred
payment loan would continue as long as the new owner is income eligible
under SHIP guidelines, and resides in the dwelling. In the event the new
owner is not eligible, then the remaining pro rated sum would be due and
payable.
1. Eligible repairs may include, but are not limited to cost of labor and
materials for:
a. Installation and/or repairs of sanitary water and waste,
disposal systems, together with related plumbing and
fixtures, which will meet local health department
requirements.
b. Energy conservation measures such as installation of energy
efficient doors and windows.
c. Repair or replacement of heating and/or cooling systems
with high energy efficient 12 SEER or higher.
d. Electrical upgrading.
e. Repair or provision for structural supports and foundation.
f. Repair or replacement of the roof.
g. Replacement of seriously deteriorated siding, porches, or
stoops.
8
h. Alterations of the unit's interior or exterior to provide greater
accessibility for any family members that may be
handicapped or have mobility problems.
i. Additions to any dwelling when it is clearly necessary to
alleviate overcrowding or to remove any health hazards to
the occupants.
j. Other repairs deemed necessary by the Construction
Coordinator and SHIP Administrator.
2. The Recipient Selection Process for Rehabilitation
a. An applicant may submit a completed SHIP Application to
the City of Boynton Beach for determination of eligibility at
any time. Applicants are required to provide all
documentation requested for income, eligibility, and
qualification determination. Applications are processed on a
first-come, first-served basis by income category.
C. Disaster Mitigation and Recovery
Fiscal Years: 2006/2007, 2007/2008, and 2008/2009.
Activity: In the event of a natural disaster, SHIP funds will be used to
leverage available federal and state funds to provide assistance to income
eligible households for the purpose of repairing eligible housing, providing
assistance with insurance deductibles, and obtaining short term temporary
housing. Although mobile homes and rental units are not eligible for repair
assistance in this strategy, the residents of these units may be eligible for
assistance with emergency housing.
The purchase of emergency supplies for eligible households to
weatherproof damaged homes, interim repair to avoid further damage,
tree and debris removal required to make individual housing unit
habitable, and post disaster assistance with non-insured repairs. This
strategy will be implemented only in the event of a natural declaration
using any SHIP funds that have not been encumbered.
The maximum award of SHIP funds for this strategy may not exceed
$10,000 per unit.
9
Fiscal Years: The strategy will be utilized during all three State
fiscal years covered by this plan: 2006/2007, 2007/2008, and 2008/2009.
Income Categories: Eligible households must be below 1200/0 of
median, adjusted for family size, as provided by the State.
Selection Criteria: Applicants must be income eligible as described
above, and will be served on a first come, first served basis, pending fund
availability. Residency must be located within the City of Boynton Beach
incorporated area.
Recapture Provisions: Assistance is provided in the form of a grant, not
requiring households to repay funds used for disaster relief. In the event
that the City of Boynton Beach receives reimbursement from federal or
state sources, such repaid funds will be utilized in accordance with the
approved Housing Assistance Plan in effect at the time funds are
disbursed.
v. AFFORDABILIlY
A. Homeownership
The income limits as defined by the U. S. Department of Housing and
Urban Development, and distributed annually by the Florida Housing
Finance Corporation.
*Subject to changes made annually by u.s. HUD.
"Affordable means that monthly rents or monthly mortgage payments including
taxes and insurance do not exceed 30 percent of that amount which represents
the percentage of the median adjusted gross annual income for households". It
is not the intent to limit an individual's ability to devote more than 30 percent of
his income for housing, if 30 percent of its income shall be deemed affordable.
If the first mortgage lender is satisfied that the household can afford mortgage
payments in excess of the 30 percent benchmark.
The maximum purchase price for a new home is $280,462*
The maximum purchase price for an existing home is $280,462*
*The maximum purchase price is determined by The Florida Housing Finance
Corporation, and will automatically adjust its purchase limits, as the State of
Florida adjusts its limits from time to time.
10
B. Rental - Not Applicable.
VI. ADVERTISEMENT AND OUTREACH
The City of Boynton Beach distributes flyers and brochures to any person or
organization requesting information on the SHIP Program. Information will be
available in the City of Boynton Beach Department of Development, displayed in
the main lobby of City Hall, and in the lobbies of participating lending institutions.
The City of Boynton Beach has been featured in the local newspapers with
several articles concerning the pending implementation of the program.
Availability of SHIP funds will be advertised at least 30 days prior to the
beginning of an application period. For those strategies that allow applications to
be submitted on a continuing basis, the availability of funds will be advertised
annually.
VII. ADMINISTRATIVE EXPENSES
The Division of Community Redevelopment will be responsible for the day-to-day
operations of the SHIP program. Administrative functions include; advertising
availability of funds and community outreach, applicant intake and income
certifications, work write-ups and inspections, coordination with first mortgage
lenders and counseling services, reviewing and evaluating program effectiveness,
and submittal of plan amendments and annual reports to the Florida Housing
Finance Corporation.
The maximum of ten percent (100/0) of all the monies received as the local
housing distribution of $616,343.00 for fiscal year 2006/2007 shall be used to
cover salary and administrative expenses for the SHIP Program.
Administrative expenses in excess of the maximum ten percent (10%) SHIP
allocation will be supplemented by city general funds. The total administrative
bUdget is estimated at $61,634 for FY 2006/2007, $61,634 for FY 2007/2008,
and $61,634 for FY 2008/2009.
VIII. ADMINISTRATIVE BUDGET
Salary & Benefits ......................................... .... ...$54,634.00
Advertising....................... ..................................... 1,000.00
Training........................ ........................................ 3,500.00
Travel............................................................ ....... 1,500.00
Office Supplies ............ ..................... ..................... 1,000.00
Total ... ...... ..... ............... ............. ............ ..... $61,634.00
11
IX. LOCAL HOUSING INCENTIVE STRATEGIES
The following incentive strategies are extracted from the City of Boynton Beach's
Affordable Incentive Plan adopted April 7, 1998.
. The Expedited process of permits for Affordable Housing Projects.
The Department of Development has been responsible for processing and facilitating
affordable housing projects. The Community Improvement and Plan Review staff
will oversee the projects certified as "affordable" through the review process in an
effort to make sure that they are processed with three to five (3-5) days. This
division will be the developer's point of contact for all questions concerning the
review process. The Plan Review Administrator will be responsible for expediting
the building permitting process for affordable housing projects. He has designated
individuals who have successfully guided and given these projects top priority. Staff
will continue to obtain training in affordable housing development.
. The modification of impact fee requirements including reduction of
waiver of fees and other methods of fee payment for affordable
housing.
There is currently no provISion for waiving impact fees. However, the City of
Boynton Beach has in the past funded the Infill Construction Program from the
general fund. These funds subsidized the cost of new construction for affordable
units by paying permit and impact fees for new construction for very low and low-
income families building new affordable home within the CDBG target area. Palm
Beach County allows existing use credit for residential construction on vacant lots
that had prior residential use. This credit applies to the residential and road impact
fees, and can yield savings for up to two thousand dollars per home. Participating
builders of affordable housing will be encouraged to apply for this credit and pass it
on to the homebuyer. The City Manager will be petitioned to waive payment of
development application, plan check and permit fees for all eligible projects certified
affordable housing projects.
. The allowance of increased density levels for affordable housing.
(Comprehensive Plan, Housing Element, Policy 6.1.3)
The housing element provides for review of zoning regulations for the purpose of
allowing increased density to encourage in provision of affordable housing. The
City's Planning and Zoning Department continues its effort to provide for an
increase in residential density for the purpose of providing for affordable housing.
This density bonus will be subject to compatibility with the surrounding natural and
physical environment, site constraints, and concurrency management requirements.
12
· The reservation of infrastructure capacity for housing for very-low
income and low-income persons.
A reservation mechanism is not necessary, as adequate capacity exists to serve any
Infill project initiated within the CDBG target area. This assumption regarding
roads, utilities and recreation is based on available acreage and density limits of the
Future Land Use Map of the Comprehensive Plan. State concurrency laws require
us to maintain adequate publiC facilities for everyone and build new facilities once
we reach 900/0 capacity.
· The allowance of affordable accessory residential units in residential
districts.
Zoning regulations allow accessory buildings in districts as long as they conform to
the minimum building site regulations that are generally applicable in the district
where the building is to be located. The City of Boynton Beach will maintain its
flexible existing practice in dealing with this issue on a case-by-case basis as
needed.
· The reduction of parking and setback requirements for affordable housing.
Current regulations require off street parking for two (2) vehicles. In an effort to
maintain the value of property, while at the same time not causing any adverse
effect on affordable housing, there shall not be modifications to current regulations
governing this issue.
Setback requirements in the targeted area require a frontage of 25 feet. The city
has in the past worked effectively with developers in an effort to design and
produce units that have dealt with this effort without causing any adverse effect on
affordable housing. The City will maintain this flexible practice with dealing with
this issue on a case-by-case basis as needed.
· The allowance of zero lot-line configurations for affordable housing.
The City of Boynton Beach's current zoning does not permit zero lot-lines in districts
that are not Planned Unit Developments, as it violates the City's set back
requirements. However, with the existing minimum lot size requirements in the
CDBG target area of 5,000 square feet, it is felt that this size lot is sufficient enough
to accommodate desired development of affordable housing.
13
. The modification of street requirements for affordable housing.
Due to concerns for safety and aesthetics, there will be no modifications to current
regulations governing streets. In the older platted sections, waivers of sidewalk
requirements have been granted for developers on a case-by-case basis. These
variances are usually granted in areas that are generally consistent with the
surrounding area. Consideration may be made in instances where costs involved
will hinder producing affordable units. CDBG dollars will be expended on many
streets within the target areas to install sidewalks and curbing. Efforts to avoid the
variance process with certification of those areas consistent with no sidewalks by
the developer will be ongoing. The liaison from the Department of Development will
expedite this certification process for affordable housing projects.
. The establishment of a process, which the City of Boynton Beach
considers, before the adoption of any new legislation that may increase
the cost of housing.
The Department of Development's various divisions, particularly the Division of
Community Redevelopment, will review any and all policies, procedures,
ordinances, regulations, and plan provisions to determine what effects if any they
may have on the cost of producing affordable units prior to their passage. The City
Manager will disperse all information concerning ordinances in sufficient time
needed to evaluate and comment on any impact it may have on affordable housing.
. The preparation of printed inventory of locally owned public lands suitable
for affordable housing.
The Division of Community Redevelopment maintains maps of the current inventory
of all vacant land including those properties owned by the City of Boynton Beach
and Palm Beach County within the target area. The City funds land acquisition in an
effort to acquire land for potential pre qualified homebuyers. This effort has resulted
in considerable cost saving in the production of affordable units.
14
State HO.using Initiatives Partnership
Local Housing Assistance Plan
EXHIBITS
ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR
Fiscal Year 2006/2007
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
$ 54,634.00
$ 1,000.00
$ 5,000.00
$ 1,000.00
$ 61,634.00
Fiscal Year 2007/2008
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
$ 54,634.00
$ 1,000.00
$ 5,000.00
$ 1,000.00
$ 61,634.00
Fiscal Year 2008/2009
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
$ 54,634.00
$ 1,000.00
$ 5,000.00
$ 1,000.00
$ 61,634.00
Based on a distribution of $616,343
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Exhibit D
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government:
City Of Boynton Beach
(1) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for
applications for awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government (or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds
within 24 months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an
amendment to the Local Government Comprehensive Plan will be initiated at the next
available opportunity to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as
well as moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as
permitted by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue
fund in the local governments audited financial statements, copies of the audits will be
forwarded to the Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately
audited for each state fiscal year, and the audit forwarded to the Corporation as
soon as possible.
Exhibit 0
Page 2
Certification
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (L1HTC) Program shall comply with the income, affordability and other L1HTC
requirements. Similarly, any units receiving assistance from other federal programs
shall comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred
payment loans or loans that extend beyond 30 years which continue to service eligible
persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3)(e).
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-
37 F AC, and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida _has or _ has not
been implemented.
Chief Elected Official or Designee
Witness
Print Name and Title
Witness
Date
2
The City of Boynton Beach
y
City Clerk's Offire
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-0090
Email: prainitoi(alcLboynton-beach.f1.us
www.boynton-beach.org
r(y\'
\ \(,
"-~
CERTIFICATION
I, JANET PRAINITO, CITY CLERK of the City Of Boynton Beach, Florida,
do hereby certify that the attached Resolution R06- . consisting of two
(2) pages, is a true and correct copy as it appears in the records of the City Of
Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 2nd day of May, 2006.
JANET PRAINITO, CMC
CITY CLERK
(SEAL)
Exhibit liE"
Exhibit F
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
INFORMATION SHEET
LOCAL GOVERNMENT:
City Of Boynton Beach
CHIEF ELECTED OFFICIAL: Jerry Taylor, Mayor
ADDRESS:
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
SHIP ADMINISTRATOR:
Brenda Cornelius, Affordable Housing Administrator
ADDRESS:
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
TELEPHONE:
(561) 742-6066
FAX: (561) 742-6089
EMAIL ADDRESS:
corneliusb@ci.boynton-beach.fI.us
ADDITIONAL SHIP CONTACT:
Octavia S. Sherrod, Community Improvement Manager
ADDRESS:
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
EMAIL ADDRESS:
sherrodo@ci.boynton-beach.fI.us
INTERLOCAL AGREEMENT: NO
THE FOLLOWING INFORMATION MUST BE FURNISHED TO THE CORPORATION BEFORE ANY FUNDS
CAN BE DISBURSED.
LOCAL GOVERNMENT EMPLOYER FEDERAL 1.0. NUMBER:
59-6000-282
MAIL DISBURSEMENT TO: City Of Boynton Beach, Community Improvement Division
ADDRESS:
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
VI. Consent Agenda
C. Resolutions
2. (Intentionally left Blank)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
VI.-CONSENT AGENDA
ITEM C.3
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April ] 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
[81 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
NA TURE OF
AGENDA ITEM
o Administrative
[81 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
RECOMMENDA TION:
Motion to approve by Resolution an agreement between the City of Boynton Beach and "The Crossings"
of Boynton Beach Condominium Association, Inc. The agreement will allow the City and "The
Crossings" to enter into a partnership to improve and rehabilitate the wastewater main line and service
lines that convey wastewater from "The Crossings" development into the City's wastewater collection
system.
EXPLANATION:
This particular project is a joint City-Community partnership. The City has responded to multiple
wastewater back-ups in "The Crossings". After cleaning and TV Inspection, our findings uncovered
several areas of root intrusion from a ficus hedge approximately 10' tall into the private service laterals.
This hedge serves as a privacy wall for the entire length of the community's western property.
Management that represents "The Crossings" would like to keep the hedge as a privacy wall and want to
partnership with the City and pay for the additional costs to line their portion of the 15 service laterals
serving the town homes to avoid any future root intrusion problems. Attached is a legal agreement
between "The Crossings" and the City of Boynton Beach to perform the work on the wastewater system.
PROGRAM IMPACT:
The cost estimate to "The Crossings" would be $45,000.00 for their portion of the 15 services and the
cost estimate to the City is $98,500.00 for 1600 feet of sewer main and their portion of the 15 services.
The total dollar value estimate for the combined project is $143,500.00.
. -
. -I
::..d
"~....
()
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
-i". .:::-'=-;
" .~l
VI-
~:.:..- rr:
"I'..~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
Funds are available in account # 403-5000-590-96.04 SWR 064.
ALTERNATIVES:
No alternatives, if the city continues to allow ficus roots from the privacy hedge it will destroy the
service lines as well as the main line. This will cause sanitary sewer overflows as a result of the blockage
in the lines from the roots.
40 M~~
Department Head's Signature
Utilities Department
CC: City Attorney
Finance
Peter Mazzella
Michael Low
Tony Lombardi
Barb Conboy
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4 RESOLUTION R06-
5
6 A RESOLUTION OF THE CITY COMMISSION OF
7 THE CITY OF BOYNTON BEACH, FLORIDA,
8 AUTHORIZING THE MAYOR AND CITY CLERK TO
9 EXECUTE A TEMPORARY LICENSE AND
10 CONSTRUCTION AGREEMENT BETWEEN THE
11 CITY OF BOYNTON BEACH AND THE CROSSINGS
12 OF BOYNTON BEACH CONDOMINIUM
13 ASSOCIATION, INC; PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, the City of Boynton Beach Utilities Department has responded to
17 multiple wastewater back-ups in "The Crossings"; and
18 WHEREAS, the attached Agreement will allow the City and the Crossings to enter
19 into a partnership to improve and rehabilitate the wastewater main line and service lines that
20 convey wastewater from The Crossings development into the City's wastewater collection
21 system; and
22 WHEREAS, upon the recommendation of staff, the City Commission deems it
23 appropriate and in the best interests of the citizens and residents of the City of Boynton
24 Beach to execute this Temporary License and Construction Agreement between the City
25 and The Crossings of Boynton Beach Condominium Association, Inc.
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 true and correct and are hereby
29 ratified and confirmed by the City Commission.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
S:\CA\RESOlAgreements\The Crossings Temp License & Canst Agmt.doc
authorizes and directs the Mayor and City Clerk to execute the Temporary License and
2 Construction Agreement between the City of Boynton Beach and The Crossings of Boynton
3 Beach Condominium Association, Inc., a copy of which is attached hereto and incorporated
4 herein as Exhibit" 1 ".
5
Section 3.
This Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of May, 2006.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 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
34
S:ICAIRESO\AgreementsIThe Crossings Temp License & Canst Agmt.doc
TEMPORARY LICENSE AND CONSTRUCTION AGREEMENT
THIS IS AN AGREEMENT, dated the rL day of MARc.H ,2006, by and between:
THE CITY OF BOYNTON BEACH, a municipal corporation, organized and
operating under the laws of the State of Florida, with a business address of 100
East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter
referred to as "CITY";
and
THE CROSSINGS OF BOYNTON BEACH CONDOMINIUM
ASSOCIATION, INC., a Florida not-for-profit corporation, authorized to do
business In the State of Florida, with a business address of
, hereinafter referred to as
"OWNER".
WITNESSETH
WHEREAS, OWNER owns a certain parcel of real property (hereinafter referred to as
the "Property"), more particularly described as follows:
See Legal Description attached hereto as Exhibit "A"
WHEREAS, OWNER will grant a the CITY a temporary license in in order to permit
CITY to provide public improvements, as described in the Scope of Work attached hereto as
Exhibit liB", and incorporated herein by reference, (hereinafter referred to as the
"Improvements") within the Property in order to alJeviate sanitary sewer backup problems on the
Property; and
WHEREAS, once instalJed, the Improvements located within the Property will be
maintained by OWNER; and,
WHEREAS, the Improvements are intended to alJeviate sanitary sewer and public health
and safety concerns resulting from sewer backups caused by root infiltration into the sanitary
sewer lines located on OWNER'S property; and
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the public purposes and goals set forth above would be through the entering of this
Agreement, and the reimbursement of the costs associated with the Improvements by the
OWNER to the CITY.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and 00/100 ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1
1.0 Purpose. The purpose of this Agreement is to provide for the OWNER'S
participation in the repair of the sanitary sewer lines on OWNER'S property as provided in the
Scope of Work attached hereto as Exhibit "B".
2.0
herein.
Recitals.
The aforesaid recitals are true and correct and are incorporated
3.0 Temporary License. That for and in consideration of the payment ofthe costs of
the Improvements by the OWNER to the CITY, and other good and valuable considerations,
receipt of which are hereby acknowledged, OWNER does hereby grant and convey unto the said
City, a temporary license through, over, and under, and across the property described on Exhibit
"A", for a period of not more than 180 days from the date of this instrument.
This grant of temporary license to use and occupy is given for the purpose of permitting
the CITY, its employees, representatives, agents, and/or persons under contract with it, to use
said described property for construction or maintenance activity described generally as: the
rehabilitation of sanitary sewer lines serving The Crossings of Boynton Beach (the "Project").
Following the completion of the Project, the CITY will cause the prompt restoration to a
smooth surface, contours and neat condition any portion of the area of OWNER'S Property that
is disturbed as a result of the construction of the Project by CITY or its agents.
4.0 Indemnification and Insurance. OWNER agrees to protect, defend,
indemnify, and hold the CITY, its officials, employees, agents, or successors thereof, harmless
from and against all claims, damages, injuries, losses, demands, causes of action, lawsuits,
penalties, damages, settlements, judgments, decrees, legal costs, and attorney's fees, charges, and
other expenses or liabilities arising out of or in any way connected with the acts, omissions, or
negligence (collectively the "Actions") of the City, its officials, employees, agents, or successors
thereof, with respect to the Project and the easement rights granted herein, except for actions
which constitute gross negligence or willful misconduct, whether or not such misconduct is
warranted.
That the OWNER agrees that this temporary construction license shall be binding upon
their heirs, executors, administrators and personal representatives during the term hereof and
further agree that in the event the premises covered by this temporary construction license are
sold, assigned or conveyed, that the purchaser or grantee thereof-will be advised of the existence
of this temporary grant and that said sale during said term shall be made subject to the rights
herein given.
That the OWNER agrees to provide insurance in the types and amounts as listed in the
Insurance Requirements contained in Exhibit "D", which is attached hereto and incorporated
herein by reference. The certificate of insurance evidencing such insurance shall name the CITY
as an additional insured, and be approved by the CITY'S Risk Manager prior to the CITY
commencing the Project on the Property.
2
5.0 Scope of Work. The CITY shall commence, and complete the project as
described in the Scope of Work attached hereto as Exhibit "B" with all practical dispatch, in a
sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable procedures
established by the CITY, Palm Beach County, and the State of Florida.
6.0 Time. CITY shall commence the Improvements on or about
2005, and complete all of the Improvements by ,2005. In the event the
CITY will not be able to complete the Improvements by , 2005, the CITY
shall provide OWNER with notice of the revised completion date as soon as practicable.
7.0 OWNER'S Responsibility. Any work performed outside of the public road
right-of-way, which is not included in Exhibit "B", shall be the OWNER'S responsibility. For
purposes of this Agreement, the term "public road right-of-way" shall include the Property
conveyed by OWNER to CITY pursuant to this Agreement.
8.0 Improvement Cost. OWNER agrees to pay the CITY for the Improvements
described in Exhibit "B". The CITY estimates the cost of the Improvements to be constructed
on OWNER'S property to be ($ .00). A copy
of the estimated cost schedule is attached hereto as Exhibit "C", and is incorporated herein by
reference.
9.0 Payments. To obtain payment from the OWNER, CITY shall submit invoices
for payment on the project to the OWNER'S representative after the percentage of the project
has been completed as set forth below. For purposes of the payment schedule, "total OWNER
payment" refers to the total amount of OWNER funding pursuant to this Section:
9.1 Twenty-five percent (25%) of the total OWNER payment set forth above
after the completion of twenty-five percent (25%) of the construction of
the Improvements on OWNER'S property.
9.2 An additional twenty-five percent (25%) of the total OWNER payment set
forth above after completion of fifty percent (50%) of the construction of
the Improvements on OWNER'S property.
9.3 An additional twenty-five percent (25%) of the total OWNER payment set
forth above after completion of fifty percent (75%) of the construction of
the Improvements on OWNER'S property.
9.4 The final twenty-five percent (25%) and all withheld amounts of the total
OWNER payment set forth above, after completion of one hundred
percent (100%) of the construction of the Improvements, as certified in a
signed statement by the CITY'S engineer.
3
Each invoice submitted shall be accompanied by a written statement signed by the CITY'S
engineer certifying satisfactory completion of the required percentage of the Improvements in
accordance with the prepared plans and specifications. Certification of completion of each
percentage milestone of the Improvements must be received by the OWNER'S representative
prior to payment of any OWNER funds. OWNER shall submit payment of the invoice amount
to the CITY no later than thirty (30) days after receipt ofthe invoice.
10.0 Address for Payments.
Boynton Beach and sent to CITY at:
Payment shall be made payable to the City of
Financial Director, City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
11.0 Indemnification. The OWNER agrees to indemnify and hold harmless the
CITY, its trustees, elected and appointed officers, agents, servants and employees, from and
against any and all claims, demands, or causes of action whatsoever, and the resulting losses,
costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees,
sustained by the CITY or any third party arising out of, or by reason of, or resulting from the
OWNER'S negligent acts, errors, or omissions.
12.0 Temporary Construction Easement. OWNER agrees to grant CITY a
temporary construction easement over a portion of OWNER'S property to be used by CITY, or
its contractor during the construction of the Improvements described in Exhibit "A", which is
attached hereto. CITY shall provide OWNER. with a temporary construction easement for
execution no later than thirty (30) days prior to the commencement of construction activities. In
consideration of the execution of the temporary construction easement, the CITY shall ensure
that all of the OWNER'S property disturbed by CITY in the performance of the installation of
the Improvements is returned to its original condition by CITY as of the date CITY commenced
such use, at the CITY'S own cost.
13.0 Notice. Any notice, request, demand, instruction or other communication to be
given to either party hereunder, shall be in writing and shall be hand delivered or sent by Federal
Express or a comparable over-night mail service, or mailed by U.S. Registered or Certified Mail,
return receipt requested, postage prepaid, to CITY, OWNER, CITY'S Attorney and OWNER'S
Attorney, at their respective addresses set forth in Paragraph I of this Agreement or by facsimile
transmittal with a receipt certifying delivery. Notice shall be deemed to have been given upon
receipt of said notice. The addressees and addresses for the purpose of this paragraph may be
changed by giving notice. Unless and until such written notice is received, the last addressee and
address stated herein shall be deemed to continue in effect for all purposes hereunder.
14.0 Assignment. The Contract shall not be assignable by either party.
15.0 Miscellaneous.
4
15.1 Counterparts. This Agreement may be executed in any number of
counterparts, anyone and all of which shall constitute the contract of the
parties. The paragraph headings herein contained are for the purposes of
identification only and shall not be considered in construing this
Agreement.
15.2 Amendment. No modification or amendment of this Agreement shall be
of any force or effect unless in writing executed by both OWNER and
CITY.
15.3 Attorneys' Fees. If any party obtains a judgment against any other party
by reason of breach of this Agreement, attorneys' fees and costs shall be
included in such judgment.
15.4 Governing Law. This Agreement shall be interpreted in accordance with
the laws ofthe State of Florida, both substantive and remedial.
15.5 Entire Agreement. This Agreement sets forth the entire agreement
between OWNER and CITY relating to the Property and all subject matter
herein and supersedes all prior and contemporaneous negotiations,
understandings and agreements, written or oral, between the parties.
15.6 Computation of Dates. If any date computed in the manner herein set
forth falls on a legal holiday or non-business day or non-banking day, then
such date shall be extended to the first business day following said legal
holiday or non-business day or non-banking day.
15.7 Time is of the Essence. Time is of the essence and failure of the CITY to
exercise the option granted hereby on or before the Option Acceptance
Date shall cause this Agreement to terminate and be of no further force or
effect. The provisions herein contained shall be strictly construed for the
reason that both parties intend that all time periods provided for in this
Agreement shall be strictly adhered to.
15.8 No Recording. Neither this Agreement nor any notice or memorandum
hereof shall be recorded in the public records of any county in the State of
Florida.
15.9 Right of Entry. OWNER hereby grants to CITY the right to enter upon
the Property during the term of this Agreement to inspect, investigate and
conduct tests and environmental audits on the Property and take whatever
action CITY deems necessary or desirable to determine the Property's
suitability for CITY'S intended use. CITY shall restore the Property to
the condition existing prior to CITY conducting any tests on the Property
pursuant to this Paragraph 20.9. CITY shall, to the extent permitted by
law, hold OWNER hannless for any damage resulting from the failure of
5
CITY or the agents, contractors, employees and representatives of CITY
to exercise reasonable care in the conduct of such tests, inspections or
examinations or, in the alternative, provide to OWNER a Certificate of
Insurance reflecting that the CITY shall insure OWNER to protect it from
any liability arising from the testing and investigation of the Property.
CITY agrees to give OWNER reasonable telephone notice and an
opportunity to accompany CITY or its agents when conducting reviews,
inspections, or tests, as well as the contents of any documents or studies
conducted by OWNER and provided to CITY pursuant to this Agreement,
except as may be necessary in order to effectuate the closing of this
transaction or upon lawful order of a governmental authority. CITY
agrees to provide, if requested, to OWNER copies of all inspection
reports, studies and test results. Any and all costs associated with the
reproduction of these reports, studies and test results shall be borne by
OWNER. CITY shall timely pay for and hold OWNER harmless from
liability for all tests, services, inspections, audits and examinations
performed on CITY'S behalf under this Paragraph 20.9 so that the
Property does not become subject to any liens. CITY has no authority or
right to create liens upon the Property. If such a lien occurs, CITY shall
remove same by a statutorily permitted bond or otherwise within five (5)
days of Notice from OWNER.
15.10 Brokers. The parties represent unto each other that there are no real estate
brokers, salesmen, agents or finders involved in this transaction. OWNER
shall indemnify and hold harmless CITY from any claims by any brokers,
salesmen, agents or finders claiming by or under OWNER. To the extent
permitted by law, CITY shall indemnify and hold harmless OWNER from
any claims for any commissions by any brokers, salesmen, agents or
finders claiming by or under CITY.
15.11 Interpretation. Should any term or provISIOn of this Agreement be
subject to judicial interpretation, it is agreed by OWNER and CITY that
the court interpreting or construing the same shall not apply a presumption
that the term or provision shall be more strictly construed against the party
who itself or through its agents and attorneys of each party have
participated in the preparation of the terms and provisions of this
Agreement and that all terms and provisions have been negotiated.
15.12 Captions, Headings, Etc. Captions, headings, section and subsection
numbers in this Agreement are for convenience and reference only, and
shall have no effect upon the meaning of any of the terms or provision
herein.
15.13 Waiver. Failure of either party to insist upon compliance with any term
or provision hereof shall not constitute a waiver thereof, and no waiver of
any term or provision of this Agreement shall be effective unless it is in
6
writing and signed by the party against whom it is asserted. Any waiver
of any term or provision of this Agreement shan only be applicable to the
specific term or provision and instance to which it is related, and shan not
be deemed to be a continuing or future waiver as to such term or provision
or as to any other term or provision.
15 .14 No Third Party Beneficiary. The terms and provIsIOns of this
Agreement are for the exclusive benefit of OWNER and CITY, and not
for the benefit of any third party, and this Agreement shan not be deemed
to have conferred any rights, express or implied, upon any third party.
15.15 Survival. The obligations of the CITY and the OWNER shan survive the
execution and delivery ofthis Agreement.
15.16 Additional Documents. The PARTIES hereby agree from time to
time to execute and deliver such further documents and do an matters and
things which may be convenient or necessary to more effectively and
completely carry out the intentions of this Agreement. OWNER hereby
represents to CITY, with fun knowledge that CITY is relying upon these
representations when entering into this Agreement with OWNER, that
OWNER has sole interestin the Property and that no other person, entity,
or mortgagee has any interest in said Property.
15.17 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 shan not
apply due to the joint contribution of both PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have made and executed this Agreement
on the respective dates under each signature: the CITY through its City Commissioners, signed
by and throu.t its Mayor, authorized to execute same by City Commission action on the _
day of , I ~ MAiL-II. 2006, and OWNER, by and through the undersigned officers
duly authorized to e cute same.
WITNESSES:
THE CROSSINGS OF BOYNTON BEACH
:~TIONR:
CHRUl'bflf..l~ A 1:uiLso ~
PQ.ES IOCI\JT
2 Jh.D Q C1-J? ~
~lUID CE:1JI~I\JO
Print Name
7
Li SA S"" N1S H4 \l SF f'
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
(Seal)
)
)
)
SS:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, persona~ ~ppeared
e4R.t~.",pI4E~ ~ lJ so as P~,,)If)€~Tof CRflSS/~ b" 'f)f-f>~~(1*;Jjlclfin the
foregoing agreement and that he/she acknowledged executing the same in e presence of two
subscribing witnesses freely and voluntarily under authority duly vested in himlher by said
and that the 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 ~ day of
MAe.CH ,2006.
My Commission Expires:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
DNT:dnt
~~
NOTARY PUBLIC f1 ~
__~n-\l..EEt0 '-++~ oLL
Printed Name ~i~~I1.~~ Kat~].een - Carroll
~r!\: .-~-; :~:ComnusslOn # DD449154
\~~~o;fjExpires: JULY ]0 2009
..", OF f\: ,'" '
'."...".., WWW,AARONNoTARY,Gom
CITY OF BOYNTON BEACH
By:
City Manager
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City of Boynton Beach EXHIBIT '0'
Risk Management Division
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages
noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of''B+'' or
higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided
upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the
limits required by the City: (NOTE: This list is not all inclusive; and the City reserves the right to require
additional types of insurance, or to raise or lower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only)
-------------------------------------------------------------------------------------------------
MIMMuM LIMITS REQUIRED
----------------------------------------------------------------------------------------------------------------------
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Liquor Liability
Professional Liability
Employees & Officers
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
General Aggregate
Products-Comp/Op Agg.
Personal & Adv. Injury
Each Occurrence
Fire Damage (anyone fire)
Med. Expense (anyone person)
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 50,000.00
$ 5,000.00
-----------------------------------------------------------------------------------------------------------------
Automobile Liability
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
PIP Basic
Intermodal
Combined Single Limit
Bodily Injury (per person)
Bodily Injury (per accident)
Property Damage
Trailer Interchange
$ 500,000.00
to be determined
to be determined
to be determined
$ 50,000.00
----------------------------------------------------------------------------------------------------------------------------
Garage Liability
Any Auto
Garage Keepers Liability
Auto Only, Each Accident
Other Than Auto Only
Each Accident
Aggregate
$ 1,000,000.00.
$ 100,000.00
$ 1,000,000.00
$ 1,000,000.00
Excess Liability
Umbrella Form
-------------------------------------------------------------------------------------------------------------------------
Each Occurrence
Aggregate
Worker's Compensation
Employer's Liability
------------------------------------------------------------------------------------------------------------------------------
to be determined
to be determined
Each Accident
Disease, Policy Limit
Disease Each Employee
Statutory Limits
$ 100,000.00
$ 500;000.00
$ 100,000.00
Property
Homeowners Revocable Pennit
Builder's Risk
----------------------------------------------------------------------------------------------------------------------------
Limits based on Project Cost
$ 300,000.00
Other - As Risk Identified
---------------------------------------------------------------------------------------------------------------
to be determined
----------------------------------------------------------------------------------------------------------------------------
INSURANCEADVISORYFORM04
"0__':__.3 'tr\""""rt..
SPECIAL ASSESSMENT MEETING
BOARD OF DIRECTORS
10/15/05
1. CALL THE MEETING TO ORDER
2. DETERMINE A QUORUM
3. DISCUSSION OF SPECIAL ASSESSMENT PROJECT,
SPECIAL GUEST, JIM HART, CITY OF BOYNTON
BEACH.
4. MOTION FOR THE SPECIAL ASSESSMENT
5. NEW BUSINESS; RISING INSURANCE RATES AND
THEIR IMPACT ON THE COMMUNITY
6. DAMAGE CAUSED BY OLD AND FAULTY APPLIANCES
ON THE RISE
7. AJOURNMENT OF THE MEETING.
Special Assessment
Board Meeting
10/15/2005
1" President, Chris DeLiso, called the meeting to order at
1305.
2. A Quorum was established, present were:
President, Chris DeLiso
Vice President, Kathleen Carroll
Treasurer, Alfred Whitten
Secretary, Lisa Simshauser
Director, Carol Parrish
3. President, Chris De Liso, introduced our special guest
from the City of Boynton Beach, Jim Hart" Jim Hart
explained to the Board and their guests the problem
occurring with the sewage pipes coming into the
property and why they were backing up. Mr. Hart
provided pictures of the ficus roots that had grown into
the system along with grease from the sinks that had
accumulated. The main culprits for the back up are the
ficus roots. Mr. Hart reviewed the options the City had
to resolve the problem. The City has agreed to use a
product called Insituform. This is a fiberglass product
that is rolled into the existing pipes. Once through the
system, hot steam is blown into the pipes, which heats
the fiberglass forming a new pipe within the pipe. The
type of fiberglass pipe is guaranteed for 50 years. The
fiberglass does not allow the ficus roots to penetrate
the pipes. Mr. Hart provided information and a map of
where the project would occur. This project involves
not digging up the street or property and saves the
ficus hedge.
4. President, DeLiso, explained the process that the Board
went through while working with the City to save the
ficus hedges. Mr. Deliso explained that the ficus
hedges were at risk for being torn down, which would
have cost the community their privacy, safety and
$60,000. After a walk through and much discussion
with the City it was determined the ficus hedges would
stay and the Crossings would work with the City to fix
the pipes. The City has been out cleaning the lines
almost weekly to prevent back up until the project can
take place. After meeting with the Utilities Director it
was decided that the Insituform would be the best
method to meet the needs of fixing and protecting the
lines/ pipes and saving the ficus hedges. The Crossings
is responsible for the lines from the hedge to the
buildings. The City will pay for lines in the street to the
sewage station. This results in a cost to unit owners of
about $200.00 per unit.
5. The question was asked what the process would be
once the special assessment was approved and how
long would it take. President, DeLiso and the City's, Jim
Hart answered with the following time line" Once the
project is cleared by the City commission, a purchase
order will be generated. At that time, licensing and
permits will be drawn for the project. Once all the
paperwork is completed, the project will take 2-3
weeks. The project is slated for December/January.
6. Vice President, Kathleen Carroll, made a motion to pass
a special assessment of $200.00 per unit and to allow
President, Chris DeLiso, to enter into a contract with
the City. The motion went on to state the $200.00
special assessment would be due on or before
11/15/05 and past due on 12/15/05. The motion was
seconded by Alfred Whitten. MOTION PASSED
UNANIMOUSLY.
7. New Business: President, Chris Deliso announced that
Windstorm Insurance for the Crossings was going up
again. At this point in time it was only a matter of how
much. Our insurance agent informed the Board the
increase will be between 370/0 and 500/0. The increase
in our Insurance would cause our monthly maintenance
to rise by as much as $50.00 depending upon the
Increase.
8. President, DeLiso, also informed the Board that the
importance of content insurance was more vital then
ever. The Windstorm Insurance would only cover the
shell of building in case of wind. Recently, we have had
an increase in leaks and damage caused by faulty and
old appliances and air handlers. These are the unit
owner's responsibility and some have 'caused damage
to units other then their own. Content and/or'
homeowner insurance is a good idea. Homeowner
insurance will cover any damage in the unit and that
done to other units. President, DeLiso, also suggested
that everyone take a look at their appliances and if they
are the originals should plan to replace them. This was
only a suggestion.
9. Vice President, Kathleen Carroll, made a motion to
adjourn the meeting. Director, Carol Parrish, seconded.
The meeting was adjourned at 1400.
~e~:~tfuIlY submitted,
.,~'" !)
../ ,'" ", U2u..A.JJL-/
(>{isa Si ~":$.tlauser, Secretary
;'
The Crossings of Boynton Beach, Inc.
36 Crossings Circle
Boynton Beach, Florida, 33435
561-737-0408
A RESOLUTION OF THE BOARD OF DIRECTORS TO ADOPT A SPECIAL
ASSESSMENT FOR THE REPLACEMENT AND PROTECTION OF SEWAGE
PIPES IN CONJUCTION WITH THE CITY OF BOYNTON BEACH; PAYMENT
DUE 11/15/05 TO THE CROSSINGS OF BOYNTON BEACH SPECIAL
ASSESSMENT FUND.
THAT WHEREAS, the Board of Directors has determined the
sewage pipes a long the hedge line need to be replaced for the health
and safety of our unit owners. The Board of Directors working with the
City have agreed upon sharing the cost and preserving the privacy of the
hedge line, and
WHEREAS, the reserve funds of the Association are insufficient to
provided for the needed replacement of such pipes.
NOW, THEREFORE BE IT RESOLVED by the Board of Directors of
The Crossings of Boynton Beach, Inc., as follows:
Section 1. THAT there is herby levied a special assessment in the
total sum of $56,000.00 for the purpose of replacing sewage pipes
along the hedge line in front of the property along NE 4t1i Street. All funds
not expended for such purposes shall be deposited in the reserve
account for building maintenance.
Section 2. THAT the assessment shall be allocated among the
condominium units in the same percentage that each unit shares
ownership of the common elements. Each unit owners share shall be
$200.00.
Section 3. THAT the assessment shall be due on November 15,
2005, and shall be delinquent thereafter. The assessment must be paid
in full on or before the due date. Assessments received after November
15th, 2005 will be considered delinquent. Assessments paid after
November 30,2005 will be turned over to the attorney that same day.
ADOPTED BY THE BOARD OF DIRECTORS this 15th of October,
2005.
The Crossings of Boynton Beach, Inc.
ATTEST:
By:~()~L .
Presi ent ~ 0
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.4.
AGENDA ITEM REQUEST FORNi
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 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
t;gI May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF t;gI 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:
Ratify the action of the South Central Regional Wastewater Treatment &
Disposal Board.
EXPLANATION: On April 20, 2006, the South Central Regional Wastewater Treatment & Disposal
Board held its Regular Quarterly Annual meeting. At that time, the Board took
action on items that are now before the City Commission for ratification. This
City Commission ratification is the confirmation process for the action taken by
the S.C.R.W.T.D. Board.
PROGRAM IMPACT: Ratification of these documents will satisfy the funding requirements from the
South Florida Water Management District for the Alternate Water Supply
Program.
FISCAL IMPACT: None
ALTERNATIVES:
Not ratify their action
~lure
Department Name
City Attorney / Finance / Human Resources
S:\CC\WP\CCAGENDA\Agenda Request Memos\2006\Agenda Item Request - SCRWTD BD ArnON OF Q4-20-06.dot
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1 RESOLUTION NO. R06-
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORlDA, RATIFYING THE ACTION
6 TAKEN BY THE SOUTH CENTRAL REGIONAL
7 \V ASTEW A TER TREATMENT AND DISPOSAL
8 BOARD, ON APRlL 20, 2006, AS STATED
9 HEREIN; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
14 (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of
15 April 20, 2006, as set forth in the attached Exhibit "A".
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORlDA 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
Section 2.
The City Commission does hereby ratify the action taken by the South
21
Central Regional Wastewater Treatment & Disposal Board on April 20, 2006, as to the
22
following:
23
24
25
26
27
28
29
30
31
a. Authorization to enter into Contract with John J. Kirlin, Inc., in the
amount of $5,315,000.00 to construct the 6 mgd reclaim expansion.
b. Authorization to approve Hazen and Sawyer Task Order 06-002 for
reclaim expansion to perform construction service in the amount of
$472,760.00
Section 3.
This Resolution shall take effect immediately upon passage.
S\CA\RESO\SCRWTDB Quarterly Meeting 4.20-06 Ratification doc
1
PASSED AND ADOPTED this _ day of May, 2006.
2
3
4
5
6
7
8
9
10
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12
13
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CITY OF BOYNTON BEACH,
FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESO\SCRWTDB Quarterly Meeting 4.20-06 Ratification.doc
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
BOARD
City Council Members of
Boynton Beach & Delray Beach
1801 North Congress Avenue . Delray Beach, Florida 33445
Telephone
(561) 272-7061 (561) 734.2577
Fax: (561) 265.2357
www.scrwwtp,org
/
MEMORANDUM
TO:
Janet Prainito
City of Boynton Beach
FROM:
Ann Kellum
DATE:
April 21 t 2006
RE:
Ratifications for Signature
Attached are the Ratifications from the Quarter Annual Meeting of April 20,2006,
which require signatures. Would you please place this on the May 2nd Commission
Meeting Agenda? We must have these items ratified as soon as possible in order to
satisfy funding requirements from the South Florida Water Management District for the
Alternate Water Supply Program,
Thank you.
F :\docs\BdMtgs\Ratifs\RatificationMemAK .doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 20, 2006, by a vote of ,Authorization to enter into contract with
John J. Kirlin, Inc., in the amount of $5,315,000 to construct the 6 mgd reclaim
expansion.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on April 20, 2006, by a vote of ,Authorization to approve
Hazen and Sawyer Task Order 06-002 for reclaim expansion to perform
construction service in the amount of $472,760.00.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
." rrf' ". 'f;;" :':',
" j'
}
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM D
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
[8J May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
0 Administrative 0 Development Plans . - ~~ ---{
-
:
[8J Consent Agenda 0 New Business - .-- .-~
-....>.-,.-
0 Public Hearing 0 Legal - r':~
0 Bids 0 UnfInished Business --..-
0 Announcement 0 Presentation -
0 City Manager's Report ;'c_ '\ -,~ c:::;
-~..: 7"T1
f".,..) "~~
RECOMMENDATION: Motion to approve the "BOYNTON BEACH MEMORIAL PARK PLAT 2" donditioned on the.
approval being the certifIcation of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor & Mapper)
EXPLANATION: The record plat review for this project commenced on December 7,2005, to which the second and fmal
review was conducted of April 4, 2006. A few plat preparation changes not withstanding, staff now recommends that the City
Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is the
next step to increase capacity of burial space via the removal of unused side driveways. Approximately 350 new lots are
being created. The record plat preparer has stated that all minor changes necessary to this instrument will be in compliance
with those comments noted in the last review letter.
PROGRAM IMPACT: The proposed increase in capacity of burial spaces at this park will continue to be held in abeyance
until the proposed record plat has received technical compliance pursuant to the Land Development Regulations,
FISCAL IMPACT: None
ALTERNATIVES: Seek new park property for proposed plot lots.
,
~s;~._
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ATLANTIC
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NO SCALE
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'.l
VI.-CONSENT AGENDA
ITEM E.
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 April 4. 2006 March 20, 2006 (Noon,) D June 6, 2006 May ]5,2006 (Noon)
D April 18,2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
C8J May 2, 2006 April 17, 2006 (Noon) D Ju]y 5, 2006 June 19,2006 (Noon)
D May 16,2006 May],2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NA TURE OF C8J 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: Authorize the use of Community Investment Funds from Mayor Taylor ($1,000), Vice Mayor
McKoy ($500), Commissioner Ensler ($500), and Commissioner McCray ($500) to Bethesda Memorial Hospital for the
Jayne E. Miller Nursing Scholarship Fund,
EXPLANATION: Commission approval is requested for allocation of the following Community Investment funds to assist
in the education of nursing students in Palm Beach County:
Mayor Tayor
Vice Mayor McKoy
$1,000
$500
Commissioner Ensler
Commissioner McCray
$500
$500
PROGRAM IMPACT: Allocation of funds will assist the scholarship fund.
FISCAL IMPACT: Funds are budgeted for this type of activity, Each Commissioner has $10,000 in Community
Investment funds to allocate, subject to Commission approval.
Department Head's Signature
~
City Manager's Signature
--
AL TERNA TIVES: Decline to authorize the requested expenditure.
Department Name
City Attorney / Finance / Human Resources
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC
~
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: April 28, 2006
Requested by Mayor/Commissioner: Commissioner Bob Ensler
Amount Requested: $500
Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund
Description of project, program, or activity to be funded: Bethesda Memorial Hospital
Nurses Week, sponsorship of scholarship fund to assist in the education of nursing students
in Palm Beach County,
By;rr-- 4~-?
Dated: f-~'f{ -~0
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $4,000 has been used to date by the requesting Member, ieaving a
balance of available funds of $6,000, This request would bring the available amount down to
$5,500,
Accordingly:
J\ There are funds available as requeste
o There are insufficient funds available a
Dated: '-I kg loro
I I
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
6' Public funds should not be used to improve private property unless there is a
clear public need, purpose and benefit;
p:{ The recipient/payee is a resident of the City or is a business entity which
provides services in the City;
Q A public purpose beneficial to the entire community is served by such
donation;
~ Proper safeguards are being implemented by the City administration to assure
that the funds will be used for the stated purpose,
Dated:_"!::z-&I Db By: U-
City Manager
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: April 28, 2006
Requested by Mayor/Commissioner: Vice Mayor McKoy
Amount Requested: $500
Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund
Description of project, program, or activity to be funded: Bethesda Memorial Hospital
Nurses Week, sponsorship of scholarship fund to assist in the education of nursing students
in Palm Beach County.
Dated: I-C:l-tJ&
By: ~/~&
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $1,000 has been used to date by the requesting Member, leaving a
balance of available funds of $9,000. This request would bring the available amount down to
$8,500.
Accordingly:
)( There are funds available as requested
o There are insufficient funds available as
Dated: 'if~t;,
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
0- Public funds should not be used to improve private property unless there is a
clear public need, purpose and benefit;
p- The recipient/payee is a resident of the City or is a business entity which
provides services in the City;
e(' A public purpose beneficial to the entire community is served by such
donation;
8"""Proper safeguards are being implemented by the City administration to assure
that the funds will be used for the stated purpose.
if\2-'D\-ob By ~
City Manager
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: April 28, 2006
Requested by Mayor/Commissioner: Commissioner Mack McCray
Amount Requested: $500
Recipient/Payee: Jayne E, Miller Nursing Scholarship Fund
Description of project, program, or activity to be funded: Bethesda Memorial Hospital
Nurses Week, sponsorship of scholarship fund to assist in the education of nursing students
in Palm Beach County,
Dated: 1/;lg'-O&
By:n>'--
~J
A ~
,/
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $2,000 has been used to date by the requesting Member, leaving a
balance of available funds of $8,000, This request would bring the available amount down to
$7,500.
Accordingly:
~ There are funds available as requested
o There are insufficient funds available ~mucsted. I
Dated 1f%?' Oy {JjfjJld~~
Fmance DIrector
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
zJ" Public funds should not be used to improve private property unless there is a
clear public need, purpose and benefit;
/The recipient/payee is a resident of the City or is a business entity which
provides services in the City;
~ A public purpose beneficial to the entire community is served by such
donation;
~Proper safeguards are being implemented by the City administration to assure
that the funds will be used for the stated purpose,
1-~&-Ob BY:_~A--c
CIty Manager
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: April 18, 2006
Requested by Mayor/Commissioner: Mayor Jerry Taylor
Amount Requested: $1,000
Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund
Description of project, program, or activity to be funded: Bethesda Memorial Hospital
Nurses Week, sponsorship of scholarship fund to assist in the education of nursing students
in Palm Beach County.
Dated: f./A..'l.oZ;'/U04BY: n~ ~
~ , /
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $ 1,500 has been used to date by the requesting Member, leaving a
balance of available funds of $8,500. This request would bring the available amount down
to $7,500.
Accordingly:
)( There are funds available as request
o There are insufficient funds available a
Dated: c.j b...' Ii) (,
I I
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
.rf Public funds should not be used to improve private property unless there is a
clear public need, purpose and benefit;
rr' The recipient/payee is a resident of the City or is a business entity which
provides services in the City;
d' A public purpose beneficial to the entire community is served by such
donation;
~ Proper safeguards are being implemented by the City administration to assure
that the funds will be used for the stated purpose.
t/?--l!OI" BY~
City Manager
.r= Bethesda
. '_ Memorial Hospital
March 31, 2006
Honorable Jerry Taylor
Mayor. City of Boynton Beach
301 N. OJjve Avenue
West Palm Beach, FI 35401
Dear Mayor Taylor:
Thank you. for agreeing to participate in onT. Nurse Appreciation Breakfast and Award
Celebration on Wednesday May 3, 2006 at 7:30 3.m. The Nurse'Week Proclamation
will be read at the breakfast around 7:45 am. I have attached a copy of the Proclamation
from the year 2005 along with suggested remarks as your introduction to the
Proclamation delivered by you last year. ~ we discussed on the phone. I have also
attached information on the Jayne E. Miller Scholarship fund you have made a
contribution to in the amount of $2000 each year over the past several years.
If you have any questions please contact my assistant, Kathy Walker at 737-7733
extension 4501 or myself. We look forward to seeing you at our Nurse Appreciation
Breakfast and Award Celebration. ':
v:- truly your~~....., ( . /)
,,~'""'0-~~~
Geralyn LunsfOJ;d, RN, BSN, MlIM
Vice President Patient Services
Attachments
OaVktw
2815 South Seacrest Boulevard. Boynton Beach. Aorida 33435. (561) 737-7733
U~f~L'LUUU .V.~~
r..;J" f~w
:::> '....rr .I.J'I\;l
WHO ISJA YNE MILLER?
Jayne! MUler's long brave battle with cancer started on April 1, 1990 when she
sought treatment in our E.D.for what she thought might be signs and symptoms
of an Inflamed gallbladder. After a work-up Including lab tests x-rays,
ultra sounds, CAT Scans and liver biopsIes, the diagnosis was made - malignant
meJanoma of the liver. More than Bkely the melanoma was of the ocular variety;
whleh was probably a metasfasls from the ocular melanoma of the eye, she had
enucleated 7. years prior. As Jayne often tackled problems in her systematic,
goal-oriented way, she investigated each avenue that she thought might be open
to her from liver transplant to experimenta' leukovorfn treatm~nt. Weighing the
benefits against the risks, and narrowing down the alternatives, she sought
treatment at the University of Miami where she had to undergo tortuous hours of
treatment in claustrophobic conditions reSUlting in Severe side effects that had
her and her femUy wondering if she would ever get through the next treatment
When'she was sfrong enough, she'd return to work and pick up where she left off
as If she weren1t going through the most dJmcult battle of her entire life. With the
shadow of her father's 9 month battre with cancer constant In her mind and the
failure of the first tretatment, she went on to receive chemotherapy while awaiting
her placement In an N,H study for experimentalleukovorfn and'interferron
therapy at the National Cancer Institute in Washington. Matching her case and
progress with similar patients In ~e study, she calculated the progression ot the
cancer within her fiver now 30% Involvement, now 35% Involvement, and finally
75%. urffmately the experts at Net could do no mora for her and thought It best
to dIscontinue the tre~trnent since at thIs point the benefits no longer Outweighed
the risks. Undaunted, Jayne stili Investigated alternatfves. taking her strength
from her strong religIous beliefs and her supportive Immediate and extended
famfly. Her husband carried on the every day activities of raising two boys, one
1 B and one 5, with the help of his parents, as we" as having the demands of a
very responsIble Job with the pec Fire Department with which to contend.
Jayne's mother. now a widow due to her husband's unsuccessful 'battle with
cancer, gave up her life In Ohio to accompany her daughter on every treatment
wherever It was. She. maintained the housekeeping chores 01 a busy famrly life
and cared for Jayne when she was finally confined to her home.
Jayne would oftenrefJect on har circumstances. She said that right before she
was diagnosed she felt that she had bean worlcing tOo hard, stretchlng herself in
too many directions and that she'd better heed the wamlng signs of too much
stress and too much work. She had a gen~1 sense of Impending illness
although nothIng specl1fc fn terms of signs and symptoms until the right lower
quadrant pain the weekend before she was df.agnosed. She often reftected on
the outcome should she have sought chemotherapy after the enucleation of the
ocular melanoma seven years prior, which was an alternative posed to her then
that she turned down. She added that, although being a nurse, she dIdn't really
intemali%& the severity otthe existence of a melanoma and thought that the
surglcaf excfsion of It was enough at the time. After all, she never really felt
"sIck" as a result of her eye. '
r'1-l1.J1:. t10/l::Jb
......... .... -. ----..... ...................,
.J I,....,' I .....,......,
,- After repeatedly getting a clean bill of health from fonow-up cancer screenings
years down the road from the enucleation, it reinforced even more that her battle
with cancer was over.
Thus having been lulled Into a false sense of security. she let the CAT Scans of
the Abdomen, etc., slJp In the year or twO prior to her liver melanoma diagnosis.
She often brought up this sad fact knowing fun weJlthat there was more hope for
a successful outcome should the tumor have been found before there was 30%
liver involvement. We used to tly to convince her that it was easy to make all the
right decisions tn retr:Pspe~ but J know she regretted it f bring thIs up now not to
shed fight on a "character" flaw of a truly noble human being who was more
gracious in sickness than she even was in health; and thats going some. She
had the remarkable talent of making you feel more comfortable with her illness
than you,thoughf you could be. I emphasize it now to demonstrate just how
fragile one's existence on this earth Is, and to not grow ~asuar about taking
speciar care of one's health. If one W9TEt to 8rr, better to err on the side of caution
than dismissing it as an over,;,reactfon. Being the kfnd of person she was, , know
Jayne would have wanted some purpose to come of all this besIdes the suffering
and pain she and her family have gone through and are still experiencing from
her los9.
Jayne died on February 17, 1991. at the age of 35, after a 9 month battle with
cancer. Shortly before her death the opportunity presented itself to inform her
that we would be naming the NursIng Scholarship Fund after her. The pleased
look on her face was evfdent at this aimouncement and the prospect of launching
the- education ()f nursIng students in pac where she had the opportunity to h$Ve
her nursing career flourish. Her family and friends have risen to that occasion by
making numerous and generous donations to the fund in her name. Her sons.
James and Matthew survIve Jayne. She Is En all our hearts, and W$ keep her
alive In our thoughts and with every scholarship we award to the Palm Beach
County community. During Nurses's Weeks in the past, a few of the events have
Centered on fundrafsing activities for the Scholarship Fund.
rHUl:. (JO/OO
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOM~
VI.-CONSENT AGENDA
ITEM F
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 April 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April I?, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to approve the "piggy-back" of the Jacksonville Electric Authority (JEA) Bid #WCS-123-
00 with Insituform Technologies, Inc. for Cured in Place Pipe and Lateral Cured in Place Pipelining.
EXPLANATION: Procurement Services Division received a request from the Utilities Department to "piggy-back" off the
Jacksonville Electric Authority's Bid for the pipe rehabilitation projects in three (3) neighborhoods:
Proiect Cost
$143,500,00
$ 49,872.50
$ 19,107.50
$212,480.00
"The Crossings" connnunity, located at NE 4th S1. & Gateway Blvd _
Various locations in Palm Beach Leisureville _
Femwood Drive/Canal Drive in "Chapel Hill"-
The City has utilized the contract for other recent pipeline rehabs. The Insituform process avoids excavation of large areas to
replace pipe and provides a long-term solution for pipe rehabilitation. The City would utilize JEA contract #WCS-123-00 for
all three (3) projects for a total cost in the amount of$212,480,OO.
PROGRAM IMPACT: The existing pipelines are in excess of forty (40) years old and are cracked, experiencing joint
failures, root penetration and INI (Inflow and Infilling) damage. This project is part of the City's CIP program.
FISCAL IMPACT: Funds are available in the FY200512006 budget as follows:
Account Description Account Number
CIP R&R Sewer 403-5000-590-96-04 SWR 064
*Reimbursement from "The Crossings"
Budget
$212,480.00
($ 45.000.00)
$167,480.00 - net cost to City
*The agreement with the Crossings is part of a resolution included on this agenda.
AL TERNA TIVE: Not to proceed with project and leave pipelines in their current condition.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Procurement Services
Department
~
S:\B1JLLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
/~ .
Memorandum
Utilities # 06-062
TO:
Bobby Jenkins
Assistant Finance Director
FROM:
Kofi Boateng
Director of Utilities
DATE:
April 3, 2006
SUBJECT:
Piggy-Back JEA Bid #WCS-123-00
Cured in Place Pipe Rehabilitation - Wastewater
AGENDA ITEM-
The Utilities Department is requesting approval to piggy-back a bid with Insituform Technologies,
Inc. The bid is with the Jacksonville Electric Authority (JEA) Bid #WCS-123-00, for Cured in Place
Pipe and Lateral Cured in Place Pipelining.
The Utilities Department has been utilizing the Insituform process for over 20 years to reline
wastewater pipelines. The Insituform process avoids excavation of large areas to replace pipe and
provides a long-term solution for pipe rehabilitation.
The Wastewater Collection Division would like to utilize the Jacksonville Electric Authority contract
for the following locations:
· "The Crossings" community, located at NE 4th. St. and Gateway Blvd.
· Various locations in Palm Beach Leisureville
· Fernwood Drive / Canal Drive in "Chapel Hill"
This particular project is a joint City-Community partnership. The City has responded to multiple
wastewater back-ups in "The Crossings". After cleaning and TV Inspection, our fmdings uncovered
several areas of root intrusion in the main line and service laterals from a ficus hedge approximately
10' tall. This hedge serves as a privacy wall for the entire length of the community's western property.
Management that represents "The Crossings" would like to keep the hedge as a privacy wall and want
to partnership with the City and pay for the additional costs to line their portion of the 15 service
laterals serving the town homes to avoid any future root intrusion problems. Attached is a legal
agreement between "The Crossings" and the City of Boynton Beach to perform the work on the
wastewater system.
The cost estimate to "The Crossings" would be $45,000.00 for their portion ofthe15 services and the
cost estimate to the City is $98,500.00 for 1600 feet of sewer main and their portion of the 15 services.
The total dollar value estimate for the "Crossings" project is $143,500.00.
In addition there is also work to be performed in Palm Beach Leisureville and Chapel Hill. Palm
Beach Leisureville will cost approximately $49,872.50 for 1,393 linear feet of sewer main. The work
to be performed in Chapel Hill will cost approximately $19,107,50 for 551 linear feet of sewer main.
The work in Palm Beach Leisureville and Chapel Hill will total $68,980.00 for 1,944 feet of sewer
mam,
The total Insituform project will cost $212,480.00. Funds are available in account mnnber # 403-
5000-590-96.04 SWR 064,Attached is a map of the different areas, the contract and the proposals.
Please present this at the next City of Boynton Beach Commission meeting for their approval.
If you have any questions please contact me at ext. 6401 or Tony Lombardi at ext. 6421.
Attachments
cc: Peter Mazzella
Michael Low
Tony Lombardi
Chris Roschek
Dan Spooner
Jim Hart
Barb Conboy
File
FROM
FRX NO. :9042804162
<G Insituform
Technologies; Inc.
Worldwide Pip6/irr6
R8habi1itaIion
11511 Phlips Hwy. S.
JacksonvDIe, Fl32256
March 20, 2006
Mr. Tony Lombardi, Supervisor Wastewater Division
City of Boynton Beach
124 East Woolbright Rd.
BoyntonUeach, FL 33435
Re: "The Crossings') @NE4th S1. Sewer Rehabilitation Project
Dear Tony,
Mar. 20 2006 09:49RM P2
Tel: (904) 262-5802
Fax: (904) 292-3198
(800) 633-8362
nw.insiluform,CMl
We are pleased to submit this proposaI.to reconstruct the 8" sewer lines including the service
laterals on the above project using "Cured-in~Place.Pipe'i'i (CIPp). These prices are based on our
2005 Annual contract with the JEA, which is available for "piWback" b~ the City of Boynton
Beach.
We will require a signed letter from each homeowner that allowS Insituform Technologies~ Inc.
(IT!) to work on private property and a waiver of liability that releases ITI! from all construction
activities on private property.
1,600 If 8" x 6 mm CIPP
1 ,600 If 8" J ight clean & TV
Service lateral reconnection, 15 ea
CIPP laterals - 6" x 20'. 15 ea.
Extra CIPP laterals. 6" x 20', 15 ea
$ 29.S01lf
$ 3.oollf
$ lOO.OO/ea
$3,OOO.OO/ea
$3,000.OO/ea
Project Total
$ 47,200.00
$ 4~800.00
$ 1,500.00
$ 45,000.00
$ 45.000.00
$143.500.00
FROM
FR>< t,1O. : 9042804162
i1ar. 20 2006 09: 49RM P3
The terms and conditions goveming this proposal are as follo~:
Proposal Inclusjpns:
. Certificate of Insurance with standard coverage
. Pre-installation video inspection recorded on vaS tape
. Standard cleaning of the existing pipe prior to i~stallation
. Post-installation video inspection recorded on ~HS tape
. Standard one-year warranty
. Actual field measurements will determine final invoice quantities
Proposal Exclusions:
. Premiums for special insurance coverage requirements ,
. Point repairs of any collapsed sections of the existing pipeline
. Permits
. Disposal site for debris removed during cleaning
. Please note that if any hazardous or toxic materials are encountered during the
project, the Owner will be responsible for the I'C$oval and disposal of the
materials
. Constructions access easements
Proposal Terms:
. Payment due within 30 days of completion of the project
. Partial monthly payments may be requested
. Proposal valid for 45 days
Limited Warrantv
IN LIEU OF ALL OnrnR EXPRESSED~ IMPLIED AND/OR SffATUTORY
WARRANTIES, INCLUDING WARRANTIES OF MERCHANif ABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES
TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES
PROVIDED BY THE CONTRACTOR WHICH ARE BROUGHT TO THE
ATTENTION OF THE CONTRACTOR WITHIN ONE YEAR FOLLOWING
COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER
AFFORDS CONTRACTOR SUIT ABLE ACCESS AND WO~G
CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
FROM
FAX NO. :9042804162
Mar. 20 2006 09:49AM P4
Mutual Release of Consequential Damaees:
Neither party shall be liable to the other for consequential damages relating to or
arising out of the Contract.
Proposal Subject to Net!otiation of Other Standard Terms of Aereement:
This proposal is subject to agreement of the parties on Other term.s and conditions
as are customary in contracts of this nature.
We appreciate the opportunity to quote on this project. If you have any questions, please
call me.
Sincerely,
. IN~ORM TECHNOLOGIES, INe.
.ci4~
Ted Hotchkiss, Mea Account Manager
Owner Acceptance:
Date:
Please sign and return one. copy of this proposal for oW' files or, iryou prefer, a purchase
order or subcontract for our execution.
FROt1
FA>< HO. : 9042804152
~ Insitufonn
Technologies; Inc.
Worldwide Pipeline
Rehabilitation
11511 Phillips Hwy. s.
Jacksonvme, FL,32256
April 3, 2006
Mr. Tony Lombardi, Project Manager
City of Boynton Beach
124 East Woolbright Rd.
Boynton Beach, FL 33435
Re: SW 14th St., Canal Dr. & Fernwood Dr. Sewer Reconstruction
Dear Tony,
Rpr. 03 2005 07:52RM P2
Tel: (004) 262-5802
Fax: (904) 292-3198
(800) 633-a362
WWWJnsitufOllll.com
We are pleased to submit this proposal to recOnstruct the sewer lines in the above locations using
"Cured-in-Place-Pipe" (CIPP). These prices are based on our 2006 Annual Contract with the
lEA, which is available for "piggyback" by the City of Boynton Beach.
SW 71b Ave. & SW 14'" St.
1,393 If8" x 6 m.m CIPP
1,393 If light clean & TV
Service reconnections wi grout, 46 ea
$ 29.50/1f
$ 3.00/If
$ t OO.OO/ea
Total
Canal Dr., Fcmwood Dr.
5511f8" x 6 nun CIPP
551 Iflight clean & TV
Service reconnections w/grout, 12 ea.
$ 29.s0/If
$ lOOllf
$100.00/ea
Total
Project Total
$ 41,093.50
$ 4,179.00
$ 4,600.00
$ 49,872.50
$ 16,254.50
$ 1,653.00
$ 1,200.00
$ 19,107.50
$ 68,980.00
FROM
FAX NO. :9042804162
Ma~. 30 2006 02:40PM P3
The terms and conditions governing this proposal are as follows:
ProJ)Osallnclnsions: , i
· Certificate of Insurance with standard coverage!
· Pre-installation video inspection recorded on vas tape
· Standard cleaning of the existing pipe prior to ~tallation!
· Post-installation video inspection recorded on VHS tape ,
· Standard one-year warranty
· Actual field measurements will detennine final ~voice q~tities
Propos..! ,Exclusions:
· Premiums for special insurance coverage requirement~ :
· Point repairs of any collapsed sections of the ex~sting piJXrline
· Pennits .
· Disposal site for debris removed duringcleanin;
· Please note that if any hazardous or toxic materfals are enbountered during the
project, the Owner will be responsible for the removal and disposal of the
materials
· Constructions access easements
Propo"al Te~s:
· Payment due within 30 days of completion of the project ;
· Partial monthly payments may be requested
· Proposal valid for 45 days
~imjted Warran!y
IN LIEU OF ALL OTHER ExPRESSED, IMPLIED AND/OR srI' ATUTORY
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FI1NESS FOR A PARTICULAR PURPOSE. CONTRACtOR AGREES
TO CORRECT ANY DEFECT IN Tf-IE MA TERlALS! OR SERVICES
PROVIDED BY THE CONTRACTOR WHICH ARE J3ROUGHr TO THE
A TfENTION OF THE CONTRACTOR WITHIN ONE YEAR ]fOLLOWING
COMPLETION OF CONTRACTOR'S WORK. PROVIDED OWNER
AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING
CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
FROM
FRX NO. :9042804152
Mar. 30 2005 02:41PM P4
Mutual Release of Consequential 1>am82es:
Neither party shall be liable to the other for conscquenda1 damages relating to or
arising out of the Contract.
We appreciate the opportwlity to quote on this project. If you have any questions, please
call me.
Sincerely,
Owner Acceptance:
~[;=~C
Ted Hotchkiss, Atrea Accoltnt Manager
Date:
Please sign and return one copy ofthis proposal for our files or, if you prefer, a purchase
order or subcontract for our execution.
JUN. :1.3. 2005 1::1= It:lf-lr1
r MA "U. . ::>lU"t~CllUq.lD~
Jun. Ij ~~~~ 08:49AM P2
I .V. 1 >J\J 1 ...' I
21 Welrt Ch~h Stl'~
J811IcGOnviDe, Fiorlda .i2:l02'S13i1
W '" ,. r= ,.
May 171 2005
Mr. Gerald AddJpgton
mstituf'omt Teclmoloatu
1 U 11 PhmpsHfahway
.Jacksonvillo, PI, 32256
RB: Cured 1D PlMe Pipe Uul1 Price
WCS..I23.oo
Dear Mr. Acidh18tcm:
BnoloSfld are tbe revised orIaburl and dupHca.to ~a1 JUnAmdmeut to the contract
between JEA lU1d your eompapy relat1vi to the above 8U~. .
BefOre ~ both 0Jisi~1. to t.m. o~ please have the ~ ~ ~
orltdna1s eacoted by aa a1:IthoriIod ofBoor of your company, type the name Of the
o:ftfCet under hislhei sfgo.ature. and attest.
.<;.
JB\n
EL:;QTftfG
I~W~R
Plwe feel free to contact me at (904) 6CS'-7:a4 should youha.ve tm.'f quesuona.
Bnc,
JEI\~
lECTRIC
WATER
SEWER
2.:1. Wes1 enurel-, Street
Jacksonville, Florida 32202.3139
June 29, 2004
Ms. Suzan Hermann
Instituform Technologies
11511 Philips Highway S.
Jacksonville, FL 32256
RE:
Cured In Place Pipe Unit Price
WCS-123-00
Dear Ms. Hermann:
Enclosed for your files is the duplicate original of the fully executed contract
amendment between your company and JEAfor the a~ove referenced project.
Please feel free to contact me at (904) 665.:.7284 should you have any questions.
Ene.
cf: Gerald Smith
,"",
'r;..UII .
JUN.i3.20~5 H:l~M
r-H;<, I'IU. . ~lQ"-IC:'='lQ"fJ.bC:
Jun. l~ d005 08:49AM P2
I -v. 1 '-'\.I I .... I
~1 Welrt Cil'-lftlh Stre~
JaCksOnville, Fior!da i2~02'i13U
w ... r c: 1'1
May 171 2005
Mr. Gerald AddiPgton
Icstituf'ot.r:n TecImologlea
11511 Philips HiahwIY
JacksonviUo. FL 3Z2S6
B.B: Cured lD ~ Pipe Ulilt Prb
wcs.. 1 23..00
Dear Mr. AdctiD8tCn:
Bnc:4oSld If 0 tho teYised orisiNl &ad. duplicate ~11 smteodmcmt to the contract
betWeen J.EA add YOUt company relativD to the above iUbjeot. ~
Be.tbR; ~ bot4 ~""Il to tbic of&=, please have the ~ and dupj,cD
orlaina1s executed by all alJthorieod. ofSw of your company, type the name Of the
oftfcer underms/her 8fguatu.re. and attest.
~
JB\n
.L;OTftIC
S I: \II e: R
P1we feel free to CODtlCt me 11 (904) 66'-7214 should you b&~ IltJ.1 q\l8suona.
Ene.
-k:UM ;
rHX NU. :9042804152
Jun. 13 2005 08:49RM P3
1"1). (::>" r".c../'''
JUH.13.Z005 8:19AM
AMENDMENT NUMBER 6TO
CONTRAcr NUMBEB.18228
BETWEEN JEA A..""D
INSITUfORM TECHNOLOGIES
TBIS AMENDMENT NUMBER " (this "Ammdment") is made and entered
into this _ L7 day of fVla 71 , ~oos, hy and between, .lEA. Ii body
politic and oorporate in Jaoksouville, Florida, and INSITUFORM TECHNOLOGIES,
..c.
INC., a Delaware cmporation ("CONTRACTOR").
WITNESSETH'
WHEREAS, on June 7, 2000, the pardas m.a.de and entered infu a Agteemm.t
under which. CONTR.ACTO:R agreed to provide cured in place pipe unit price
oon.struotion ibr JEA (the ~ Agteement" or "Contract") f~ a not to exceed arnOW'lt of
m2,ooo,OOO.OO with five ap~ one ye:a.r renewal periods.
WBEREAS~ said Agrccoo.=t was sub.equently amended to inoreaae the
ma7timmn indebtednesa of .TEA to $9,000,000.00 a:nc1 to exercise three of the five mwwal
OptiOIlB to extend the tmn of the Agreement.
W1U:REAS, luch A$1'eememi, as ~ously amended, was tQ ~ in fW1 force
and etl'eet as to all it! temu, oonditi~ A.l1d prvvisions a.s set' forr.h thcte!n until May '17 I
200S.
WHEREAS, the. petties dl:lSire to exercise the :tbunh renewal option ~4 to
i.ncreaR tb. ~umiD<1ebtedn8Ei$ of rEA by an additional $1,500,000.
NOW TlmU.FORE, in cons:ideration of the Ag:reement and for the mu.tual
promiiSIIi and covenauts ~in conta;ined, md for othar good and valuable consideration.
!he teeeipt and sutHeiency of which is acknowledged. tbe parlieB agree mal;
'ROM .:
FAX NO. :9042804152
Jun. 1~ 2005 08:50AM P4
NU. r'~t; /"'...:l/~
JUN. 13.2005 8l20AM
1. Tbe above Itated racitals are true and corroct and. by reference, are
incorporated herein and m.ade a part hlSfeof.
2. Exoept as provided herein, tM terms mu1 conditions of the Agreementt as
amended, atO incorporated herein and made a part bmcofby this referonce.
3. NotwithstandiDi the foregoing, Par&jIlIph 1 of the Aweement sh.a.U be
~ded to read as folJows:
1. That CONTRAcrOll has been ReJected as the lowest and beat
respaMiblc hiddm- to ptovic1e to ffiA Cto*'OP'crlcs - Cured In Place
Pipe Unit Price Constmction and bu beetl award the contract for such
WC'dc du.rinJ 't1lt t~ 01 tbiJ A&r~~~.I1t whM~ 4hA1l w ,,!I'~ n uu
Mil)" 1 R. 1000 "nd.l\1~lI r.(\ntinu~ in full force and offeot untIl Mil' 11.'
2006 ~ acoordlU'lCCS wi~ 1J1,o plans .wui ~~JWatious AI lot fQrth henin.
Following the completion of the inttial tenn ottbis Asrecmem, mA, in
ita sole di&oreti02l, may renew tblSl Agreement for one (1) a44itionaJ
guc..~ pmod, subjwl to the availability ot-, l~wfu1Iy appropriated
funds. \
~
3, Paragraph 2 shaD be amended to read u follows:
2. The CONTR.,\.CfOll aball. at its OW!l coat and mtpenae, do the
wo:rk required to bo ~ ~4 ~s.b tho mattria.ll required to he
fhmi,hPlf t.\M laid 'lUOTk in 9e-t'ordmOQl ulit&. p1~ W Ilp8CIi:50cW.0ntl
apprm'ed by mA. nl.l1nb~ WCS-123-00, with bid oponing cW.e of
May ~ 2000, d.etisnated IS Groundworks - Cured rn PIece Pipe (CIPP)
Unit Price Construet1ont. and strictly in accordance with the
advcrtisemcmt oalHng for bids. plw, 8pecUlcati~, blueprints,
~em. of the laid .TEAt ptOj1Qaa! of the slid CONTRAcrOR,
and awrmi therefore" now on. :file in the oI!!= ot the Chief Purcb.ing
Ofticert P10curcment DefJarttncnt of JEA, all of which are hereby
lIIpectaUy referred to q uCon1ra.ct Doc~ta" md, by retmmee, made
I. part hereof to the same c::xtent as it fblIy .et out herein, for the total
sum Dot to e$cee4 Ten Million. Fivo Hundred Thousand and No/100
Do1lari ($10.500.000_00) at and for The prico. and on the tcrm6
contained ih the CONTRAcrOR's said proposa1 fer the doing of !laid
work md,!be .aid award the:refore, and the Conu-act Documents
hm-einabove speomoany rdmed to md madf & put of this contre.ct.
S. SA VB AND EXCEPT as hereby specifically amendod herein. the te::ms
IU1d oonditiOn.8 of the Agr~cm_ a& amended, slWl remain in full force and effect
:ROM
rHA NU. .~~4~b~4Lb~
.Juri. .1.....) c::.1!J~J ~O. J.l.HI"' rJ
r~u, (:>t:I t-' . 41 '+
JUN. 13.2005 8:2~M
IN WrINESS WHEREOF, the parties Weto have duly executed this Amendment the
day and year first aboves written,
ATTEST:
JEA
By
Jobn P. McCarthy
ChiefPmhasina Officer
~-
Signature
,
Print or Type Name
Title
~~.:1t~
SiptuT8
S4~" ~.~e"~11r1
Prinl or Type Name
J\~~ "\!\ Of.t~LW
Title
By'
lan~e
-:r(U'n(t~ e. .Htu'l'S b"'~n
, Print ar Type Na.me
:)J\,~ohrl:.+ rna.n4~t..v~
Title
A'I"nST~
I hanby certify that the expen.ditlU'e Ct)Atemp1ated by the foreiQmg Agreemem has
been dwy ~ed:. I.fid provillion has been made for tho pa;ment or the m.oW.Ci
provided th~ to be paid.
Nmotte Rur1d
Director, Budact
JBA
For.m Approved:
~
Coi1Ili3el
D6-14wU5 D8:54iM From-JE~ SJRPP PROCUREMENT
9UA1i65T3S5
T-723 P 02104 F-639
AMENDMENT NVMa~R 6 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES
T:HIS AMENDMItNT NUMBER 6 (this "Amendment") is made an~ entered
into thi s
17
day of
11.0y
,2005, by and between, JEA, a bod
~.
politic and corporate in Jacksonville, Florida, and INSrTUFORM TECHNOLOGIES
1l'41,c., a Delaware corporation ("CONTRACTOR").
, WITNESSETH;
WHEREAS. on June 7. 2000. the parties made and entered into a Agreemen
under which CONTRACTOR agreed to pco"ide ~ured in place pipe unit pric
\
constn,ction for .JEA (the "Agreement" or "Contract") f<li; iil not to exceed amount 0
$:2,000,000.00 with fivl! optional one year renewal periods.
WHEREAS, said Agreement was subsequently amended to increase th
maxirrum indebtedness ofJEA (0 $9,000.000.00 and to exercise three of the five renew
oplion,. fO extend ~he tenn of the Agreement.
WHEREAS, such Agreement, as previously amended, was to remain in full (ore
and effect as to all iJ;s terms, conditions and provisions as set forth therein until May 17
2005.
WHEREAS1 the parties desire to exerCIse the foulth renewal oprion and t
increa:;c the maximum jndeblcdne,ss of lEA by an additional $1 ;500.000.
NOW THF.REFO.Rf;, in consideraJ;ion of lhe Agreement and fvr the mutua
promi:;e5 and covenants herein conlainoo. an.d fQr other good and valuable consideration
the I'ec:eipl and sufficiency of ""hich is acknowledged, the parties agree that:
OB~14~05 OB;S4.m From-lEA SlRPP PROCUREUE"T
gM6SS79S5
T-7Z3 P D3/04 F~639
1. The above s~aIed recitalS arc U"Ue and correct and, by reference, are
incol'p<lrated herein and made a part hereof.
2. Except as provided herein, the terms and conditions of the Agreement, as
aXl1endl~d, are incorporated herein and made a part hereof by this reference.
..<
3. Notwithstanding the foregoing, Paragraph 1 of the Agreement sbllll be
;lmend!~d to read as follows:
1. That CONtRACTOR has been selected as the lowest and best
responsible hidder to provide to lEA Groundworks ~ Cured 1n Place
Pipe Unit Price Construction and hilS been award the contract fOT such
work during the [urn of this Agreement whjch shall be effective on
May) 8. 2000 and shall continue in full force and effect until May 17,
2006 in accordance with the plans and specifications as set fo~h herein.
Following the completion of the initial term of (hiS Agreement, lEA, in
its sole discretion, may renew this Agreemeht for one (1) additional
one-year period, subject to the availability of lawfully appropriated
funds.
3. 'Paragraph 2 shall be amended (0 read as foHows:
2. The CONTRACI:OR shall. at its OWll COSt and expense, do the
work required to be done and furnish the materials required IO be
furnished on s~,id work in accordallce with plans and specifications
approved by JEA. numbered WCS-123-00, wilh bid opening date of
M~y 4. 2000, designated as Groundworks - Cured In p'!ace Pipe (CIPP)
Unit Price Constructiou" a.nd stnf,:tly in accordn11C:ct \\lith the
.adver[is~rntnt calling [or bids, plans, specifications. blueprints,
requirements of the said JEA, proposal of the said CONTRACTOR.
and award therefore, now on file in the office of the Chief Purchasing
Officer, Prqcurement Department of JEA, all of which are hereby
especi~lly referred to as ''Contract Docum~nts" and, by reference, mad\':
a parl hereof to \oe same extent as if fully set out h.erein, for the total
Sl1m. )'lot to exceed Ten Mmion f.ive Hundred ThOllS<1nd and No/100
Dollars ($10,500,000.00) at and for lhe prices aod on lhe terms
contained in the CONTRACrORts said proposal fot the doing of said
work a.nd the said award therefore, and the Contract Documents
hereinabove spccitically referred to and made a part of this contract.
5. SA VE AND EXCEPT as hereby spccilically amended herein, the lerm
and t'ondilions of the A8rcement, 61.l$ amended. ~h"II.1"l!:mnir' in full force and effect.
D6~,14-D5 OI;54~ FroM-JEA SJRPP P~ocu~EME~T
9048&51365
T~7Z3 P 04104 F-839
IN WITNESS WHEREOF. the parties hereto have duly executed this Amendment the
day and ytar first above written,
Print 0:" Type Name
Tille
ATTEST:
\~~-~
S IgnaIllre
5u Ul..Y1 &. HE! Tt""'lJ.hYl
Print or Type Name
Att~s..t', ~.~ C ff i (.Cf"
Title
JEA
By
By
/
~:ro...m~ ~. HQtl".;)t>ro~h
Print or Type Name
1>', sir'ad Mo..nQ~~
Tifle
I hereby cenify that the expenditure contetl1plaled by the foregoing Agreement h
been lluly authorized, and provision has been made for rhef>ayment of the monie
provjd~d thel'ein to be paid.
Ponn Approved:
/'7;:.~~
-'
Nancue Rund
Director, Budget
JEA
~.
" .
-." . .
-
"",.-' .'
,.. ".-'
AMENDMENT NUMBER 5 TO
CONTRACT NUMBER 18228
BETWEEN JEA AND
INSITUFORM TECHNOLOGIES
THIS AMENDMENT NUMBER 5 (this "Amendment") is made and entered
into this ~ day of 3lAJl e...
, 2004, by and between, JEA, a body
~-
politic and corporate in Jacksonville, Florida, and INSITUFORM TECHNOLOGIES
("CONTRACTOR").
WITNESSETH:
WHEREAS, on June 7, 2000, the parties made and entered into a Agreement
under which CONTRACTOR agreed to provide cured in place pipe unit price
construction for JEA (the "Agreement" or "Contract") for a not to exceed amount of
$2,000,000.00 with five optional one year renewal periods.
WHEREAS, said Agreement was subsequently amended to increase the
maximUm indebtedness of JEA to $9,000,000.00 and to exercise three of the renewal
options to extend the term of the Agreement.
WHEREAS, such Agreement, as previously amended, was,to remain in full force
and effect as to all its terms, conditions and provisions as set forth therein until May 17,
2004.
WHEREAS, although the Agreement has expired pursuant to its terms, the
parties wish to amend and restate the Agreement in order to ratify the continued
performance of such Agreement, as amended, and to exercise the fourth renewal option to
extend the term of the Agreement as to all of its terms and conditions and to include
revised unit prices for the work;
NOW THEREFORE, in consideration of the Agreement and for the mutual
promises and covenants herein contained, and for other good and valuable consideration,
the receipt and sufficiency of which is acknowledged, the parties agree that:
1. The above stated recitals are true and correct and, by reference, are
incorporated. herein and made a part hereof.
~
2. Except as provided herein, the terms and conditions of the Agreement, as
amended, are incorporated herein and made a part hereofby this reference.
3. Notwithstanding the foregoing, Section 1 of the Agreement shall be
amended to read as follows:
"1. That CONTRACTOR has been selected as the
lowest and best responsible bidder to p{ovide to JEA
\
Groundworks - Cured In Place Pipe Unit Price
Construction and has been award the contract for such work
during the term of this Agreement which shall be effective
on May 18, 2000 and shall continue in full force and effect
until May 17, 2005 in accordance with the plans and
specifications as set forth herein. Following the completion
of the initial term of this Agreement, JEA, in i!~ sole
discretion, may renew this Agreement for one (1) additional
one-year period, subject to the availability of lawfully
appropriated/funds. "
/
4. The Agreement shall be hereby amended to add the attached Exhibit A
that sets forth revised Unit prices for the work, which such unit prices shall be applied
retroactively to the work completed since August 1, 2002.
5. SA VE AND EXCEPT as hereby specifically amended herein, the terms
and conditions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly exewted this Amendment the
day and year first above written.
ATTEST:
Si~~
e~~,6~1
Print ~e'Name
Prv C65 5~- ~SOL'
Title
JEA
By
~'{)t~
J ames A. Dickenson
Chief Operating Officer
JEA
ATTEST:
INSITUFORM TECHNOLOGIES, INC.
~~.~
SIgnature
~ u.n b. \-\ e.r-r~n
Print or Type.Name
-1\ tt ~sfl ~ CJt-f', e;e(
Title
j}{S7QfC'1 Jm/l#.9r,.-:!'{
Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the for~going Agreement has
been duly authorized, and provision has been made for the payment of the monies
provided therein to be paid.
~(bc:;;' c-/~' ..r
Nanette Rund
Director, Budget
JEA
Form Approved:
Office of General Counsel
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City of Boynton Beach
Wastewater Division
124 E. Woolbright Rd.
Boynton Beach, FI. 33435
TV Truck 1128
Photo #1 Data for Project: 2401 NE 4th Street
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I
Observation ID
I
14
I I
II
Category
Root Problem
Street Inspection Date Time
II 2401 NE 4th St II 07/21/2005 II 04:33:01 PM I
To Manhole Pipe Size Type of Pipe Direction
I I 8 II Clay II Away-D
Category Details Clock Position Severity Level
I I Light I I I I Lev1 I
Surface Condition
K;rass
Observation Comment
Site ID
2
II
City
Boynton Beach
From Manhole
Operator
Russell
Photo #1
186614.jpg
Distance(ftlm):
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Site 10
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Observation 10
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II
From Manhole
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I I
Operator
Russell
City of Boynton Beach
Wastewater Division
124 E. Woolbright Rd.
Boynton Beach, FI. 33435
TV Truck 1128
Photo #1 Data for Project: 2401 NE 4th Street
City
Boynton Beach
II
Category
Pipe Problem
Street Inspection Date Time
II 2401 NE 4th St II 07/21/2005 II 03:41:52 PM I
To Manhole Pipe Size Type of Pipe Direction
I I 8 II Clay II Away-D
Category Details Clock Position Severity Level
II Grease II II I
Surface Condition
K3rass
Observation Comment
Roots & Grease
Photo #1
18652.jpg
Distance(ftlm):
12.1
!E;I
City of Boynton Beach
Wastewater Division
124 E. Woolbright Rd.
Boynton Beach, Fl. 33435
TV Truck 1128
Photo #1 Data for Project: 2401 NE 4th Street
I
I
Observation ID
I
17
I I
II
Category
Other
Street Inspection Date Time
II 2401 NE 4th St II 07/21/2005 II 04:33:01 PM I
To Manhole Pipe Size Type of Pipe Direction
I I 8 II Clay II Away-D
Category Details Clock Position Severity Level
I I I I I I I
Site ID
2
II
City
Boynton Beach
From Manhole
Observation Comment
End Of Run.
Surface Condition
k3rass
Operator
Russell
Photo #1
186617.jpg
Distance(ftlm):
404.1
!E;I
City of Boynton Beach
Wastewater Division
124 E. Woolbright Rd.
Boynton Beach, FI. 33435
TV Truck 1128
Photo #1 Data for Project: 2401 NE 4th Street
SitelD
2
II
City
Boynton Beach
I I
II
Category
Other
Street Inspection Date Time
II 2401 NE 4th St II 07/2112005 II 04:33:01 PM I
To Manhole Pipe Size Type of Pipe Direction
II 8 II Clay /I Away-D
Category Details Clock Position Severity Level
I I I I I I I
Surface Condition
~rass
Observation Comment
Begin Inspection,
I
I
Observation ID
I
From Manhole
Operator
Russell
Photo #1
18661.jpg
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8.0
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_ THE CROSSINGS OF BOYNTON BEACH - ~
OLSAK & ASSOCIATES, INC.
CQNSULT.lNG ENGINEERS
TELEPHONE: {305)- 833 4198
30B GREYf'.1QN DR!VE-WEST f:"-.t,LM '~E.ACH-FLOR:DA 33405
PREPARED FOR: SPH. ASSOCIATE_S, FLNI10A PARTNE.PS
D[lRAY B€A.CH. FLORIDA
"
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TITLE SHEET
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BOYNTN_BCH_
PAGE 02/02
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7'01'1
VII.-CODE - LEGAL
SETTLEMENT
CITY OF BOYNTON BEACH ITEM A.
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 April 4, 2006 March 20,2006 (Noon,) D June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May I, 2006 (Noon) D July 18, 2006 July 3, 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 Unfmished Business
0 D ' -
Announcement Presentation .-:1 --t
Code Compliance & Le~1 .~: --<
0 City Manager's Report X Settlements :~ '-
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Toyonnie Smith v. City of Boynton Beach
Plaintiff Counsel: Stephen L. Zimmerman, Esq., Zimmerman Zimmerman & Micelli, P.A.
Defense Counsel: Benjamin Bedard, Esq., Roberts Reynolds Bedard & Tuzzio, P.A.
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RECOMMENDATION: Motion to approve a negotiated settlement agreement in the amount of$47,500.00. ~ has.~~F;l
'- -, .,~_.-...
previously paid $5,014.60 for medical costs.J< ,-'l:~
EXPLANATION: On July 16,2003, plaintiff was attending a summer program at the Wilson Center Pool. At approximately
9:45 AM, she entered the girl's bathroom, and while using the sink, the sink fell off the wall striking plaintiff on the hand,
chest and abdomen causing lacerations, scrapes and bruising, She was treated in the Emergency Room and subsequently by
orthopaedic surgeons, hand surgeons, and plastic surgeons, The City has paid a total of$5,014.60 for initial medical care, A
medical review of scarring appears to have long-term consequences. Negotiations were conducted with above-noted result.
PROGRAM IMPACT: Litigation settlements and judgments ofthis nature are part of the ongoing responsibilities of the
Risk Management Department.
FISCAL IMP ACT: Settlement will be charged to the Risk Management budget expenses,
ALTERN A TIVES: Failure to approve settlement will result in claim being liti ted, Value of this case at trial is estimated
in excess of$100 ional defens trial legal costs are estimated at 5,0 ,00.
RISK MANAGEMENT
Department Name
~
CJM/Claimgl/SmithTO I.dot
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Kurt Bressner
City Manager
Wilfred Hawkins <<
Assistant City Manager
Charles J, Magazine (J d^,
Risk Manager r; I v \
THRU:
FROM:
DATE:
April 12, 2006
SUBJECT:
Toyonnie Smith v. City of Boynton Beach
Date of Loss: July 16, 2003
Risk Management recommends the City Commission ratifY the: X Settlement
in the above stated manner.
_ Judgement
RESERVES: Indemnity:
$ 50,000
Expenses:
$ 25,000
Demand:
Original:
$1,000,000
Final:
$ 200,000
Offer:
Original:
$ 35,000
Final:
$ 47,500
~
SETTLEMENT:
$ 47,500
NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment Fees:
$ -
Current Legal Fees:
$ 2,002
Projected Legal Fees:
IF NOT SETTLED. .
JUDGEMENT: $-
Current Adjustment Fees:
$ -
Current Legal Fees:
$ -
CASE NARRATIVE:
On July 16,2003, plaintiff was attending a summer program at the Wilson Center Pool. At
approximately 9:45 AM, she entered the girl's bathroom, and while using the sink, the sink fell
off the wall striking the plaintiff on the hand, chest and abdomen, causing lacerations, scrapes
and bruising, She was treated in the Emergency Room and subsequently by orthopaedic
surgeons, hand surgeons, and plastic surgeons. The City has paid a total of$5,014.60 for initial
medical care. A medical review of scarring appears to have long-term consequences.
Negotiations were conducted with the above-noted results.
Cjm/Claimgl/SmithT02, doc
.@
No,486t I}, 1
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II
Ap r, 7, 2006 10: 05AM
GALLAGHER BASSETT SERVICES, INC.
April 7 ~ 2006
Stephen L. Zimmerman
Zimmerman. Zimmerman & Miceli~ P.A.
737 East Atlantic Blvd.
Pompano Beach, Fl. 33060
Re: Claimant:
Our Client:
Our File No.:
DIL:
Toyomrie Smith
City of Boynton Beach
00147~000101-CJB-Ol
7-16-03
Dear Mr. Zimmerman :
TIlls will serve as a follow up to our settlement conference yesterday, and your subsequent phone
message advising your clients were willing to accept the offer the City has extended.
The offer made by the City was for a total of $52,514.60. This amount would inolude $5014.60
previously paid to your client for medical treatment and an additional $47,500.
As we discussed with you this offer is contingent upon final City Council approval, and the costs
of filing for the court approved petition for this minor settlement including a court appointed
guardianship will he filed by your office and any costs involved.
This accident occurred in Palm Beach County Florida and the Court approval should be filed
here. We have counseled with our defense attorney on this. I would appreciate receiving from
your office written acceptance of this offer, and I will proceed to obtain the final approval from
the City on the settlement.
We thank you for your cooperation in this matter; feel free to contact me if you wish to discuss
any further details.
~espectfu11y,
ontfort
enior Claims Representative
P,O. Box 18219X West Palm Beach, FL 33416 X 561/640-4443 X TeJefax 561/615-4449
A Subsidiary of Arthur J. Gallagher & Co.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAJ
VIII.-PUBLIC HEARING
ITEM A.
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
0 April 4, 2006
0 April 18, 2006
[gJ May 2, 2006
0 May J 6, 2006
March 20, 2006 (Noon.)
o June 6, 2006
o June 20, 2006
o July 5, 2006
o July 18, 2006
May 15, 2006 (Noon)
.-- : --""
,---:j~
April 3, 2006 (Noon)
June 5, 2006 (Noon)
April 17,2006 (Noon)
June 19,2006 (Noon) ,~.
"~'~1-
May 1,2006 (Noon)
July 3, 2006 (Noon) '. .
(-- .~
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NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
[gJ Public Hearing
o Bids
o Announcement
o City Manager's Report
'~ITl
:--:J "':-'-.:.-
o Development Plans
o New Business
[gJ Legal
o Unfmished Business
o Presentation
"n
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Connnunity Redevelopment Agency Board, reconnnended that the
subject request be approved on April 11 , 2006. For further details pertaining to the request, see attached Department
Memorandum No, 06-070.
EXPLANATION:
PROJECT:
OWNER:
LOCATION:
DESCRIPTION:
Seacrest Low Density Residential (LUAR 06-014)
City Initiated
West side of Sea crest Boulevard from NW 3rd Avenue to north ofNW 6th Avenue
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Connnercial (LRC) to Low Density Residential (LDR); and
Request to rezone from C-2 Neighborhood Connnercial to R-I Single Family Residential.
Proposed use:
No change proposed
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
u~
City Manager's Signature
#--I)? ~ ~~
Planning and Z~ irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Seacrest Rezoning\Agenda Item Request Seacrest High Density Res LUAR 06-014 5-2-06,dot
Deve
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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 PI~AN FOR A P ARCEI~
7 O'VNED BY VARIOUS OWNERS, AND LOCATED ON
8 THE WEST SIDE OF SEACREST BOULEVARD
9 BETWEEN NORTHWEST 3RD AVENUE AND
10 NORTHWEST 6TH AVENUE; CHANGING THE LAND
11 USE DESIGNATION FROM LOCAL RETAil,
12 COMMERCIAL (LRC) TO LOW DENSITY
13 RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN EFFECTIVE DATE.
15
16 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
1 7 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1:
The foregoing WHEREAS clauses are true and correct and
30 incorporated herein by this reference.
S,\CA\Ordinances\Planning\Land Use\Seacrest Low 06 014,doc
1
Section 2:
Ordinance No, 89-38 of the City is hereby amended to reflect the
2
following:
3
That the Future Land Use of the following described land located on the West side of
4
Seacrest Boulevard between Northwest 3rd Avenue and Northwest 6th Avenue in Boynton
5
Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now be
6
designated as Low Density Residential (LDR):
7
8
9
10
11
12
13
14
15
See Attached Exhibit "A"
Containing: 1.68 acres more or less.
Subject to easements, restrictions, reservation and rights of way of record.
Section 3:
That any maps adopted in accordance with the Future Land Use Element of
16
the Future Land Use Plan shall be amended accordingly.
17
Section 4:
All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19
Section 5:
Should any section or provision ofthis Ordinance or any portion thereofbe
20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
21 remainder of this Ordinance.
22
Section 6:
This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by virtue
25 of the adoption of this Ordinance until all statutory required review is complete and all legal
26 challenges, including appeals, are exhausted. In the event that the effective date is established by
27 state law or special act, the provisions of state act shall control.
S,\CA\Ordinances\Planning\Land Use\Seacrest Low 06-014.doc
1
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
C ommi ssi oner
S:\CA\Ordinances\Planning\Land Use\Seacrest Low 06.014.doc
EXHIBIT "A"
LOTS 145 TO 147, LESS THE NORTH AND SOUTH 20 FOOT RETURN CURVE AREA ROAD
RlGHT-OF-WAY, BLOCK A, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS
SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 145, LESS THE RETURN CURVE AREA ROAD RlGHT-OF-WAY, LOT 146, AND LOT 147,
LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, BLOCK B, PLAT OF
BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUA TE LYING AND BEING IN PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 130, LESS THE RlGHT-OF-WAY OF SEACREST BOULEVARD, LOT 131, LOT 132, AND
LOT 133, LESS THE SOUTH 15 FEET, BLOCK B, PLAT OF BOYNTON HILLS, ACCORDING TO
THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID
LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORlDA.
TOGETHER WITH:
LOT 100, LESS THE 20 FOOT RETURN CURVE AREA ROAD RlGHT-OF-W A Y , BLOCK B, PLAT
OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING AND BEING IN PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 100 AND THE SOUTH HALF OF ABANDONED NW 7TH COURT LYING NORTH OF AND
ADJACENT THERETO, LESS 20 FOOT RETURN CURVE AREA ROAD RlGHT-OF-WAY, AND
LOT 101, BLOCK C, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING
AND BEING IN PALM BEACH COUNTY, FLORIDA.
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF CITY OF BOYNTON BEACH,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEl, OF LAND LOCATED ON THE WEST
8 SIDE OF SEACREST BOUI"EV ARD BETWEEN
9 NORTHWEST 3RD A VENUE AND NORTHWEST
10 6TH AVENUE, AS MORE FULLY DESCRIBED
11 HEREIN, FROM NEIGHBORHOOD
12 COMMERCIAL (C-2) TO SINGLE FAMILY
13 RESIDENTIAL (R-l); 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;
1 9 and
20 'WHEREAS, various owners of the property located on the West side of Seacrest
21 Boulevard between Northwest 3rd Avenue and Northwest 61h A venue in Boynton Beach,
22 Florida, as more particularly described herein, has filed a Petition, through its agent, City of
23 Boynton Beach, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances,
24 City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being
25 more particularly described hereinafter, from Neighborhood Commercial (C-2) to Single
26 Family Residential (R-I); 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
29 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
31 an amendment to the Land Use which was contemporaneously considered and approved at
S:'.CA\Ordinances\Planning\Rezoning\Rczoning . Seacresl (Low) doc
1 the public hearing heretofore referenced; and
2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7 herein by this reference.
8
Section 2.
The following described land located on the West side of Seacrest
9 Boulevard between Northwest 3rd A venue and Northwest 6th A venue in the City of Boynton
10 Beach, Florida, as set forth as follows:
11 See attached Exhibit "A"
12
13 Containing: 1.68 acres more or less.
14
15 Subject to easements, restrictions, reservations and rights-of-way of
16 record.
17
18 be and the same is hereby rezoned from Neighborhood Commercial (C-2) to Single Family
19 Residential (R-I). A location map is attached hereto as Exhibit "BOO and made a part of this
20 Ordinance by reference,
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
22 accordingly.
23 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
24 repealed,
25 Section 5. Should any section or provision of this Ordinance or any portion thereof
26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
27 the remainder of this Ordinance.
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Seacrest (Low),doc
1
Section 6. This ordinance shall become effective immediately upon passage.
2
FIRST READING this ~__ day of .,...,.___.._,__
,2006.
3
SECOND, FINAL READING and PASSAGE this _ day of _
,2006.
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
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinanccs\Planning\Rezoning\Rezoning - Seacrest (Low),c1oc
SEACREST BOULEVARD
LUAR 06 - 014
LUAR 06 - 015
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.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner( s):
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 06-069
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission /.IA ^-
Hanna Matras! Planner < r V ~ -
Michael W. Rumprft~
Director of Planning and Zoning
,
April 3! 2006
Seacrest Low Density Residential/LUAR 06-014
Amend the Future Land Use designation from Local Retail
Commercial to Low Density Residential! and
Rezone the property from C-2 Neighborhood Commercial to R-1
Single Family Residential
PROJECT DESCRIPTION
Malcolm L. & Wendy B. Browne
Ester Gregoire
Frank R. Barron & Frank R. Barron Trust
Michael Parker! Elaine Venturelli & Robin Cogas
Lucio & Maria V. Garcia
City of Boynton Beach
Willie J. Hollis
City of Boynton Beach
West side of Sea crest Boulevard between NW 3rd Avenue and NW
6th Avenue (Exhibit "AfT)
1.68 acres
Local Retail Commercial
C-2 Neighborhood Commercial
Low Density Residential
R-1 Single Family Residential
No change anticipated
Adjacent Uses:
North:
Vacant property which is the subject of a companion land use
amendment and rezoning, designated Local Retail Commercial (LRC)
and zoned C-2 Neighborhood Commercial
Right-of-way of NW 3rd Avenue then developed property belonging
to the First Baptist Church designated Local Retail Commercial and
zoned C-2 Neighborhood Commercial.
South:
East:
Right-of-way of Seacrest Boulevard then developed residential
properties designated Medium Density Residential (MeDR) and
zoned R-2 Duplex Residential.
West:
Developed single-family homes designated Low Density Residential
(LDR) and zoned R-1 Single-family Residential
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the following
reasons:
1. The future land use amendment is consistent with the policies of City's adopted
Comprehensive Plan;
2. The requested land use amendment and rezoning meet or exceed the criteria for review,
as required in the Land Development Regulations; and,
3. The reclassification and rezoning implements the vision and recommendations of the
''Heart of Bovnton Communitv Redevelooment Plan'~
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.68 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
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
Page 3
File Number: LUAR 06-014
Sea crest Commercial
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 prope~ in
order to comply with policies contained in the comprehensive plan.
Two policies contained in the Future Land Use Element speak directly to the proposed
amendment. Policy 1.13.4 requires, in part, that:
"(The City shall) Demonstrate, in all future development and redevelopment in the City,
land use patterns that are non-strip in nature. . .", and,
Policy 1.19.7 states:
"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."
The subject parcels, lying along the west side of Seacrest Boulevard, have a shallow depth of
only one lot and form a strip of commercially-designated land. The size of the individual parcels
make the redevelopment of them with commercial uses problematic, even with the recent
amendments to the land development regulations that provide for reduced setbacks. The land
has had a commercial designation at least since adoption of the "1989 City of Boynton Beach
Comprehensive Plan". If there was a demand for their use under this designation,
redevelopment would have occurred.
In contrast, the properties are developed with single-family residences. The designation for
commercial uses makes these residences "non-conforming", thus creating difficulties for property
owners to secure financing for improvements or sales.
In addition to the policies cited from the Boynton Beach Comprehensive Plan, the "Heart of
Bovnton Community Redevelooment Plan'~ adopted by the City on December 4, 2001,
recommended that these commercially designated parcels be redesignated for single-family use
to be more compatible with the adjacent development. The plan was developed under
guidelines established in the Future Land Use Element, Policy 1.9.5 which states:
"The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas
designated by the Primary Target Areas Overlay. The plans shall, in part, implement or
further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use
provisions, development standards and design criteria which may address public
improvements, infrastructure, building placement, architectural character, streetscape,
sign age, landmark opportunities and unifying design concepts. Implementation
mechanisms may include, but are not limited to, adoption of overlays in the land
development regulations, amendments to land development regulations, and/or through
rezoning to new or existing districts.
Page 4
File Number: LUAR 06-014
Seacrest Commercial
The Primary Target Areas which shall be studied include but are not necessarily limited
to:
· Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1. . . "
"The Heart of Bovnton Communitv Redevelooment Plan"was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation.
The proposed land use amendment and rezoning is a step in the implementation of the
redevelopment plan.
Therefore, the proposed land use amendment and rezoning is consistent with applicable policies
of the Comprehensive Plan.
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 would be consistent with the adjacent lands to the west, which are also
designated Low Density Residential and zoned R-1 single family residential; therefore, the
proposed change would serve to remove an isolated strip of commercially-designated land that
would be intrusive, if developed with commercial uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The "Heart of Boynton Community Redevelopment Plan", adopted by the City of Boynton Beach
on December 4,2001 recommended this land use amendment and rezoning, which makes the
proposed changes desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Most of the properties are developed with single-family residences, so no change in use is
anticipated following the adoption of the requested land use amendment and rezoning. The
proposed change would represent a reduction in the projected demands on public facilities from
those anticipated if the property were to be redeveloped for commercial uses.
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.
As discussed under "Item c." above, the proposed rezoning is intended to promote residential
compatibility and stability. The proposed rezoning would be consistent with the adjacent lands
Page 5
File Number: LUAR 06-014
Sea crest Commercial
to the west, which are also designated Low Density Residential and zoned R-1 single family
residential
f. Whether the property is physically and economically developable under the existing
zoning.
As discussed under "Item a." above, the small size of the individual parcels makes development
under the existing zoning problematic, and there is no indication that additional commercial
development in this area would be economically feasible.
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 Heart of Bovnton Community Redevelooment Plan"was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation. There is a growing need for "work force" housing in the City,
which could be provided on this property.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are sites elsewhere in the city for single-family housing, just as there are also existing
sites for Neighborhood Commercii:lI uses; however, the proposed land use amendment and
rezoning will replace an incompatible commercial strip with compatible single-family residential
uses.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not
create additional impacts on infrastructure that cannot be accommodated within existing
capacities; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. Therefore, staff recommends:
1. That the City Commission, acting as the Local Planning Agency, find the proposed
amendments consistent with the Comprehensive Plan;
2. That the subject requests have been reviewed based on the required criteria;
3. That the proposed rezonng furthers and implements the vision and recommendations of
the "Heart of Bovnton Communitv Redevelopment Plan'~ and therefore,
4. That the land use amendment and rezoning be approved.
If the Community Redevelopment Agency Board or the City Commission recommends conditions,
they will be included as Exhibit "B".
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Seacrest Rezoning\Slaff Report Seacrest Commerdal.doc
SEACREST BOULEVARD
LUAR 06 - 014
LUAR 06 - 015
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Mr. Myott thought a comment should be added that all buildings have like roof designs.
Mr. Mike Rumpf, Planning and Zoning Director, explained the roof was modified on Building 5
to minimize the height, which allowed the applicant to have smaller setback requirements. He
elaborated Comment 64 had been addressed by both the board and the applicant.
Comment 65 recommends the eastern half of Building 5 be reduced to two stories. He noted
Comment 65 is not a new comment by staff. The same comment was used on the Seaview
project, which influenced them to provide patios on the upper units. He explained they
are meeting the minimum requirements of the IPUD. Staff is recommending above and beyond
the Code to increase compatibility.
Motion
Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial (LRC) and Low Density Residential (LDR) to Special High
Density Residential (SHDR) subject to all staff comments. Ms. Horenburger seconded the
motion that unanimously carried.
Motion
Mr. Myott moved to approve the request to rezone from Community Commercial (C-3) and
Single-Family Residential (R-a-M) to Infill Planned Unit Development (IPUD) subject to all staff
comments. Ms. Heavilin seconded the motion that unanimously carried.
Motion
Mr. Myott moved to approve the request for new site plan approval to construct 23 fee-simple
townhouse units, swimming pool and related site improvements on a 1.429-acre parcel in the
IPUD zoning district subject to all staff comments and the additional comment that all buildings
shall have a similar roof design. Ms. Heavilin seconded the motion that unanimously carried.
D. Seacrest Boulevard
Land Use Amendment/Rezoning
1.
PROJECT:
Seacrest Low Density Residential (LUAR 06-014)
OWNER:
City Initiated
LOCATION:
West Side of Seacrest Boulevard from NW 3rd Avenue to
north of NW 6th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Low
Density Residential (LDR); and
Request to rezone from C-2 Neighborhood Commercial to
R-1 Single Family Residential
Proposed use:
No change proposed.
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
2.
PROJECT:
Seacrest High Density Residential (LUAR 06-015)
OWNER:
City Initiated
LOCATION:
West Side of Seacrest Boulevard from NW 3rd Avenue to
north of NW 6th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to High
Density Residential (HDR); and,
Request to rezone from C-2 Neighborhood Commercial to
R-3 Multi-Family Residential.
Proposed use:
No change proposed.
Ms. Matras, Economic Development Planner reviewed the request and recommended approval
of both zoning amendments. The requests are consistent with the cited policies in the
Comprehensive Plan, exceed the criteria outlined in the Land Development Regulations, and
are in keeping with the Heart of Boynton Plan.
It was noted the high-density residential change was to accommodate the Ocean Breeze
project. The land purchase that would be part of the single-family zone project should occur
before April 19.
Ms. Heavilin had an issue with the first request up to NW 6th. She would prefer to see it zoned
R-3. She explained it would afford the opportunity to put in a few additional units.
Motion
A motion was made by Vice Chair Norem to approve the request to amend the Comprehensive
Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential
(LDR). Mr. DeMarco seconded the motion that passed by vote of 5 to 1. (Ms. Heavilin
dissenting).
Motion
A motion was made by Vice Chair Norem to approve the request to rezone from C-2
Neighborhood Commercial to R-1 Single Family Residential. Ms. Horenburger seconded the
motion that unanimously passed.
Motion
Vice Chair Norem moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR). Ms.
Horenburger seconded the motion that unanimously passed
Motion
Vice Chair Norem moved to approve the request to rezone from C-2 Neighborhood Commercial
to R-3 Multi-Family Residential. Ms. Horenburger seconded the motion that unanimously
passed.
16
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VIII.-PUBLIC HEARING
ITEM B.
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Connnunity Redevelopment Agency Board, reconnnended that the
subject request be approved on April 11, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-070.
EXPLANATION:
PROJECT:
OWNER:
LOCATION:
DESCRIPTION:
Seacrest High Density Residential (LUAR 06-015)
City Initiated
West side of Sea crest Boulevard north ofNW 6th Avenue
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Connnercial (LRC) to High Density Residential (HDR); and
Request to rezone from C-2 Neighborhood Connnercial to R-3 Multi-Family Residential.
Proposed use:
No change proposed
N/A
N/A
~
Development ' epartment Director
/vi) ( '"
Planning and Zonl(g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Seacrest RezoninglAgenda Item Request Seacrest High Density Res LUAR 06-015 5-2-06.dot
PROGRAM IMP ACT:
FISCAL IMPACT:
AL TERNA TIVES:
~
City Manager's Signature
S:\BULLETfN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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 BYBOYNTON BEACH INVESTORS, LLC
8 AND PETER BOYNTON TERRACE, LLC, AND
9 LOCATED ON THE \VEST SIDE OF SEACREST
10 BOULEVARD NORTH OF NORTHWEST 6TH
11 AVENUE; CHANGING THE LAND USE
12 DESIGNATION FROM LOCAL RETAIL
13 COMMERCIAL (LRC) TO HIGH DENSITY
14 RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS,
15 SEVERABILITY, AND AN EFFECTIVE DATE.
16
1 7 \VHEREAS, the City Commission of the City ofBo)'nton 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 ORDAlNED BY THE CITY COMMISSION OFTHE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
Section 1:
The foregoing WHEREAS clauses are true and correct and
31 incorporated herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Seacrest High 06 015.doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2
following:
3
That the Future Land Use of the following described land located on the West side of
4
Seacrest Boulevard North of Northwest 6th Avenue in Boynton Beach, Florida shaH be
5
changed from Local Retail Commercial (LRC) and shaH now be designated as High Density
6
Residential (HDR):
7
8
9
10
11
12
13
14
15
See Attached Exhibit "A"
Containing: 0.55 acres more or less.
Subject to easements, restrictions, reservation and rights of way of record.
Section 3:
That any maps adopted in accordance with the Future Land Use Element of
16
the Future Land Use Plan shaH be amended accordingly.
17
Section 4:
AH ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19
Section 5:
Should any section or provision ofthis Ordinance or any portion thereof be
20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
21 remainder of this Ordinance.
22
Section 6:
This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by virtue
25 of the adoption of this Ordinance until all statutory required review is complete and all legal
26 challenges, including appeals, are exhausted. In the event that the effective date is established by
27 state law or special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Seacrest High 06-01S.doc
1
FIRST READING this _ day of
,2006.
2
SECOND, FINAL READING and PASSAGE this ___ .... day of
,2006.
3
CITY OF BOYNTON BEACH, FLORIDA
4
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19 ATTEST:
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22 City Clerk
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24 (Corporate Seal)
25
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\Seacrest High 06.015.doc
EXHIBIT "A"
LOT 130 AND THE NORTH 1/2 OF ABANDONED NW 7TH COURT LYING
SOUTHERLY AND ADJACENT TO LOTS 132 AND 133, AND LOT 131, BLOCK C,
PLA T OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID
LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY. FLORIDA.
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF CITY OF BOYNTON BEACH,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON THE WEST
8 SIDE OF SEA CREST BOULEVARD NORTH OF
9 NORTHWEST 6TH AVENUE, AS MORE FULLY
10 DESCRIBED HEREIN, FROM NEIGHBORHOOD
11 COMMERCIAL (C-2) TO MULTI-FAMILY
12 RESIDENTIAL (R-3); PROVIDING FOR
13 CONFLICTS, SEVERABILITY, AND AN
14 EFFECTIVE DATE.
15
16 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has
17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
18 and
19 WHEREAS, various owners of the property located on the West side of Seacrest
20 Boulevard North of Northwest 6th Avenue in Boynton Beach, Florida, as more particularly
21 described herein, has filed a Petition, through its agent, City of Boynton Beach, pursuant to
22 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach,
23 Florida, for the purpose of rezoning a parcel of land, said land being more particularly
24 described hereinafter, from Neighborhood Commercial (C-2) to Multi-Family Residential (R-
25 3); and
26 WHEREAS, the City Commission conducted a public hearing and heard testimony
27 and received evidence which the Commission finds supports a rezoning for the property
28 hereinafter described; and
29 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
30 an amendment to the Land Use which was contemporaneously considered and approved at
S:ICA IOrdinanceslPlanninglRezoninglRczoning - Seacrest (lIigh) doc
1 the public hearing heretofore referenced; and
2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
6
7 herein by this reference.
Section 2.
The following described land located on the West side of Seacrest
8
9 Boulevard North of Northwest 6th Avenue in the City of Boynton Beach, Florida, as set forth
10 as follows:
11 See attached Exhibit "A"
12
13 Containing: 0.55 acres more or less.
14
15 Subject to easements, restrictions, reservations and rights-of-way of
16 record.
17
18 be and the same is hereby rezoned from Neighborhood Commercial (C-2) to Multi-Family
19 Residential (R-3). A location map is attached hereto as Exhibit "B" and made a part of this
2 0 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 m conflict herewith are hereby
24 repealed.
25 Section 5. Should any section or provision of this Ordinance or any portion thereof
26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
27 the remainder of this Ordinance.
S:ICA IOrdinanceslPlanninglRezoning\Rezoning - Seacrest (High).doc
1 Section 6. This ordinance shall become effective immediately upon passage.
2 FIRST READING this ~~_~ day of ~___~___~_____, 2006.
3
SECOND, FINAL READING and PASSAGE this ______ day of
,2006.
4
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23
24
25
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
SICA IOrdinanceslPlanning\RezoninglRezoning - Seacrest (High).doc
SEACREST BOULEVARD
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner( s):
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 06-070
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Hanna Matras, Plan~~
Michael W. Rumpf
Director of Planning and Zoning
April 3, 2006
Seacrest High Density Residential/LUAR 06-015
Amend the Future Land Use designation from Local Retail
Commercial to High Density Residential, and
Rezone the property from C-2 Neighborhood Commercial to R-3
Multi-Family Residential
PROJECT DESCRIPTION
Boynton Beach Investors, LLC
Peter Boynton Terrace, LLC
City of Boynton Beach
West side of Seacrest Boulevard north of NW 6th Avenue (Exhibit
"A'')
0.55 acres
Local Retail Commercial
C-2 Neighborhood Commercial
High Density Residential
R-3 Multi-Family Residential
Multi-family residential development
Page 2
File Number: LUAR 06-015
Sea crest High Density Residential
Adjacent Uses:
North:
Vacant property with an approved site plan for townhouse
development designated High Density Residential (HDR) and zoned
R-3 Multi-family Development
To the south, right-of-way of NW 6th Avenue then property
designated Local Retail Commercial and zoned C-2 Neighborhood
Commercial, the subject of a companion land use amendment and
rezoning
South:
To the southwest, developed single-family home designated Local
Retail Commercial and zoned C-2 Neighborhood Commercial, also
the subject of a companion land use amendment and rezoning
East:
Right-of-way of Sea crest Boulevard then vacant property designated
High Density Residential and zoned R-3 Multi-family Residential
(formerly the site of Boynton Terrace)
West:
To the southwest, developed single-family home designated Local
Retail Commercial and zoned C-2 Neighborhood Commercial, also
the subject of a companion land use amendment and rezoning
To the northwest, vacant property with an approved site plan for
townhouse development designated High Density Residential (HDR)
and zoned R-3 Multi-family Development
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the following
reasons:
1. The future land use amendment is consistent with cited policies in the City's
Comprehensive Plan;
2. The requested land use amendment and rezoning meet or exceed the criteria for review,
as required in the Land Development Regulations; and,
3. The proposed redevelopment plan is consistent with the vision and recommendations of
the Heart of Bovnton Communitv Redevelooment Plan.
Page 3
File Number: LUAR 06-015
Seacrest High Density Residential
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 0.55 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
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 prope~ in
order to comply with policies contained in the comprehensive plan.
Three policies contained in the Future Land Use Element speak directly to the proposed
amendment. Policy 1.13.4 requires, in part, that:
"(The City shall) Demonstrate, in all future development and redevelopment in the City,
land use patterns that are non-strip in nature. . .";
Policy 1.19.7 states:
"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,
Policy 1.17.5 states:
"The City shall continue to maintain and improve the character of existing single-family
and lower-density neighborhoods, by preventing conversions to higher densities, except
when consistent with adjacent land uses. . ."
The subject parcels, lying along the west side of Sea crest Boulevard, have a shallow depth of
only one lot and form a strip of commercially-designated land. The size of the individual parcels
make the redevelopment of them with commercial uses problematic, even with the recent
amendments to the land development regulations that provide for reduced setbacks. The land
has had a commercial designation at least since adoption of the "1989 City of Boynton Beach
Page 4
File Number: LUAR 06-015
Seacrest High Density Residential
Comprehensive Plan". If there was a demand for their use under this designation or if site
development was feasible, redevelopment would have occurred.
The properties are vacant; however, on the north and northwest they are adjacent to lands
zoned for multi-family residential development which has an approved site plan for a townhouse
community. If the designation for commercial uses remains on the property, it creates a small
and isolated pocket of incompatibility.
While the ''Heart of Boynton Communitv Redevelooment Plan'~ adopted by the City on December
4, 2001, recommended that these commercially-designated parcels, along with the remaining
commercially-zoned lots to the south, be redesignated for single-family use, the requested
changes would be more compatible with the surrounding multi-family development, as permitted
under Policy 1.17.5.
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 would be consistent with the adjacent lands to the north and northwest
that are zoned for multi-family residential development; therefore, the proposed change would
serve to remove an isolated pocket of commercially-designated land that would be intrusive, if
developed with commercial uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
While the ''Heart of Bovnton Community Redevelooment Plan'~ adopted by the City of Boynton
Beach on December 4, 2001 recommended a land use amendment and rezoning to allow single-
family development, the existence of the adjacent multi-family zoning and approved site plan
(which land was also to have been reaoned for single family homes) serve to make the proposed
designation of this property more compatible. The City's need for additional opportunities for
work-force housing, which could be provided on this property, makes the proposed changes
desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The Utilities Department has indicated that adequate capacity exists to provide water and sewer
services to the property. The property is located within both the City's adopted Transportation
Concurrency Exception Area and Palm Beach County's Coastal Residential Exemption Area;
therefore, the requirements for meeting traffic concurrency are waived. 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. The School
District of Palm Beach County has reviewed the application and has determined that adequate
capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed
Page 5
File Number: LUAR 06-015
Sea crest High Density Residential
in detail as part of the review of the site plan approval, and must satisfy all requirements of the
city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties, or would affect the property values of adjacent or
nearby properties.
As discussed under "Item c." above, the proposed rezoning would be consistent with the
adjacent lands to the north and northwest, which are also designated High Density Residential
and zoned R-3 Multi-family Residential.
f. Whether the property is physically and economically developable under the existing
zoning.
As discussed under "Item a." above, the small size of the individual parcels makes development
under the existing zoning problematic, and there is no indication that additional commercial
development in this area would be economically feasible.
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 Heart of Boynton Community Redevelooment Plan"was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation; however, staff opines that the requested designation for Multi-
family Residential development would be more compatible with the immediately adjacent
designations. In addition, there is a growing and demonstrated need for work-force housing in
the City, which could be provided on this property.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already aI/owed.
There are sites elsewhere in the city for multi-family housing, just as there are also existing sites
for neighborhood commercial uses; however, the proposed land use amendment and rezoning
will replace an incompatible commercial strip with compatible multi-family residential uses.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not
create additional impacts on infrastructure that cannot be accommodated within existing
capacities; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. Therefore, staff recommends:
1. That the City Commission, acting as the Local Planning Agency, find the proposed
amendments consistent with the Comprehensive Plan;
SEACREST BOULEVARD
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
2.
PROJECT:
Seacrest High Density Residential (LUAR 06-015)
OWNER:
City Initiated
LOCATION:
West Side of Seacrest Boulevard from NW 3rd Avenue to
north of NW 6th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to High
Density Residential (HDR); and,
Request to rezone from C-2 Neighborhood Commercial to
R-3 Multi-Family Residential.
Proposed use:
No change proposed.
Ms. Matras, Economic Development Planner reviewed the request and recommended approval
of both zoning amendments. The requests are consistent with the cited policies in the
Comprehensive Plan, exceed the criteria outlined in the Land Development Regulations, and
are in keeping with the Heart of Boynton Plan.
It was noted the high-density residential change was to accommodate the Ocean Breeze
project. The land purchase that would be part of the single-family zone project should occur
before April 19.
Ms. Heavilin had an issue with the first request up to NW 6th. She would prefer to see it zoned
R-3. She explained it would afford the opportunity to put in a few additional units.
Motion
A motion was made by Vice Chair Norem to approve the request to amend the Comprehensive
Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential
(LDR). Mr. DeMarco seconded the motion that passed by vote of 5 to 1. (Ms. Heavilin
dissenting).
Motion
A motion was made by Vice Chair Norem to approve the request to rezone from C-2
Neighborhood Commercial to R-1 Single Family Residential. Ms. Horenburger seconded the
motion that unanimously passed.
Motion
Vice Chair Norem moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR). Ms.
Horenburger seconded the motion that unanimously passed
Motion
Vice Chair Norem moved to approve the request to rezone from C-2 Neighborhood Commercial
to R-3 Multi-Family Residential. Ms. Horenburger seconded the motion that unanimously
passed.
16
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOID,_
VIII.-PUBLIC HEARING
ITEM C.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006
D April 18, 2006 April 3,2006 (Noon) D June 20, 2006
[8J May 2, 2006 April 17,2006 (Noon) D July 5, 2006
D May 16, 2006 May I, 2006 (Noon) D July 18, 2006
Date Final Form Must be Turned
in to City Clerk's Office
May 15,2006 (Noon)
June 5, 2006 (Noon)
June 19,2006 (Noon)
.~
."; ...
July 3, 2006 (Noon)
["....)
.....,-,
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM [8J Public Hearing [8J Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
-"":--'<0
f\...)
..
=-~:~
~.)"':"--,.
C"lc;
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that the subject
request be approved on April 11, 2006. For further details pertaining to the request, see attached Department Memorandum
No. 06-061.
EXPLANA TION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Harbor Cay (LUAR 06-009)
Robert K. Brooks, Jr., RKB Architects Planners, Inc.
Harbor Cay, LLC
East side of Federal Highway approximately 160 feet north of Gateway Boulevard
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) and Low Density Residential (LDR) to Special High Density
Residential (SHDR); and
Request to rezone from Community Commercial (C-3) and Single-Family Residential (R-
l-AA) to Infill Planned Unit Development (IPUD).
Proposed use:
23 fee-simple townhouse units
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Development pent Director City Manager's Signature
)v.J {~? ~"=-
Planning and Zchlng Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\LUAR 06-009\Agenda Item Request Harbor Cay LUAR 06-009 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ChK-
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 HARBOR CA Y, LLC, AND LOCATED ON
8 THE EAST SIDE OF FEDERAL HIGHWAY,
9 APPROXIMATELY 160 FEET NORTH OF GATEWAY
10 BOULE V ARD; CHANGING THE LAND USE
11 DESIGNATION FROM LOCAL RETAIL
12 COMMERCIAL (LRC) AND LO\V DENSITY
13 RESIDENTIAL (LDR) TO SPECIAL HIGH DENSITY
14 RESIDENTIAL (SHDR-20DU/AC); PROVIDING FOR
15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
16 DATE.
17
18 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
19 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
20 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
2 1 Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
24 WHEREAS, after two (2) public hearings the City Commission acting in its dual
25 capacity as Local Planning Agency and City Commission finds that the amendment
26 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
27 the best interest of the inhabitants of said City to amend the aforesaid Element of the
28 Comprehensive Plan as provided.
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
30 CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 1 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S:\CA\Ordinances\Planning\Land Use\Harbor Cay 06 009.doc
1 herein by this reference.
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2
3 following:
4 That the Future Land Use of the following described land located on the East side of
5 Federal Highway, approximately 160 feet North of Gateway Boulevard in Boynton Beach,
6 Florida shall be changed from Local Retail Commercial (LRC) and Low Density Residential
7 (LDR) and shall now be designated as Special High Density Residential (SHDR _ 20 du/ac):
8
9 A parcel ofland in Sectionl5, Township 45 South, Range 43 East, City of
10 Boynton Beach, Palm Beach County, Florida, and being a part of Lots 2 and 3
11 of Sam Brown Jr's Hypoluxo Subdivision according to the plat thereof, as
12 recorded in Plat Book I, Page 81, Public Records of Palm Beach County,
13 Florida, and being more particularly described as follows:
14
15 Begin at the intersection of the North line of said Lot 2 with the Easterly
16 Right-of-Way line of State Road No.5 (U.S. # 1) as said Right-of- Way is
1 7 shown on the plat recorded in Road Plat Book 3, Pages 11-17 of Palm Beach
18 County, Florida, and also shown on the Florida State Road Department Right-
19 of-Way Map Section No. 93010-2501, Sheet 3 of 7; thence S08'12'00"E
2 0 along said East Right-of-Way line for 258.54 feet to a point on the South line
21 of said Lot 3; Thence S89'13'55"E along the South line of said Lot 3 for
22 273.65 feet; Thence NOO'14'05"E for 127.30 feet; Thence N89'45'55''W for
2 3 30.28 feet; Thence N04 '23 '20"E for 5.35 feet to a found iron pipe
2 4 approximately one foot below existing grade of the asphalt road for Lakeside
25 Harbor Drive, said pipe also being on the common lot line of said lots 2 and 3;
26 Thence continue N04 '23 '20"E for 124.27 feet to a point on the North line of
27 said Lot 2; Thence N89'13'55"W along said North line of Lot 2 for 216.93
2 8 feet to the Point of Beginning.
29
3 0 Containing: 62,256 square feet or 1.429 acres more or less.
31
32 Subject to easements, restrictions, reservation and rights of way of record.
33
34
3 5 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
36 Future Land Use Plan shall be amended accordingly.
37 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
S:\CA\Ordinances\Planning\Land Use\Harbor Cay 06-009.doc
1 Section 5: Should any section or provision of this Ordinance or any portion thereof be
2 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 take effect on adoption, subject to the review, challenge,
5 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
6 Land Development Regulation Act. No party shall be vested of any right by virtue of the
7 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
8 including appeals, are exhausted. In the event that the effective date is established by state law or
9 special act, the provisions of state act shall control.
10
FIRST READING this _ day of
,2006.
11
SECOND, FINAL READING and PASSAGE this __ day of ____, 2006.
12
CITY OF BOYNTON BEACH, FLORIDA
13
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27
28 ATTEST:
29
30
31 City Clerk
32
33 (Corporate Seal)
34
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\planning\Land Use\Harbor Cay 06~009.doc
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF HARBOR CAY, LLC,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON THE EAST
8 SIDE OF FEDERAL HIGHWAY,
9 APPROXIMATELY 160 FEET NORTH OF
10 GATEWAY BOULEVARD, AS MORE FULLY
11 DESCRIBED HEREIN, FROM COMMUNITY
12 COMMERCIAL (C-3) AND SINGLE FAMILY
13 RESIDENTIAL (R-1-AA) TO INFILL PLANNED
14 UNIT DEVELOPMENT (IPUD); PROVIDING FOR
15 CONFLICTS, SEVERABILITY, AND AN
16 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
21 WHEREAS, Harbor Cay, LLC, owners of the property located on the East side of
22 Federal Highway, approximately 160 feet North of Gateway Boulevard in Boynton Beach,
23 Florida, as more particularly described herein, has filed a Petition, through its agent, Ricahrd
24 K. Brooks, Jr., AIA, NCARB, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said
26 land being more particularly described hereinafter, from Community Commercial (C-3) and
27 Single Family Residential (R-l-AA) to Infill Planned Unit Development (IPOO); and
28 WHEREAS, the City Commission conducted a public hearing and heard testimony
29 and received evidence which the Commission finds supports a rezoning for the property
3 0 hereinafter described; and
31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA \OrdinancesIPlanninglRezoninglRezoning _ Harbor Cay. doc
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.
9
Section 2.
The following described land located on the East side of Federal
10 Highway, approximately 160 feet North of Gateway Boulevard in the City of Boynton Beach,
11 Florida, as set forth as follows:
12 A parcel of land in Section 1 5, Township 45 South, Range 43 East, City of
13 Boynton Beach, Palm Beach County, Florida, and being a part of Lots 2 and 3 of
14 Sam Brown Jr's Hypoluxo Subdivision according to the plat thereof, as recorded
15 in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida, and
16 being more particularly described as follows:
17
18 Begin at the intersection of the North line of said Lot 2 with the Easterly Right-of-
19 Way line of State Road No.5 (U.S. # I) as said Right-of- Way is shown on the
20 plat recorded in Road Plat Book 3, Pages 11-17 of Palm Beach County, Florida,
21 and also shown on the Florida State Road Department Right-of-Way Map Section
22 No. 93010-2501, Sheet 3 of7; thence S08"12'00"E along said East Right-of-Way
2 3 line for 258.54 feet to a point on the South line of said Lot 3; Thence
24 S89013'55"E along the South line of said Lot 3 for 273.65 feet; Thence
25 NOO"14'05"E for 127.30 feet; Thence N89"45'55"W for 30.28 feet; Thence
26 N04023'20"E for 5.35 feet to a found iron pipe approximately one foot below
27 existing grade of the asphalt road for Lakeside Harbor Drive, said pipe also being
28 on the common lot line of said lots 2 and 3: Thence continue N04 '23 '20''E for
2 9 124.27 feet to a point on the North line of said Lot 2; Thence N89" 13'55"W along
3 0 said North line of Lot 2 for 216.93 feet to the Point of Beginning
31
3 2 Containing: 62,256 square feet or 1.429 acres more or less.
33
3 4 Subject to casements, restrictions, reservations and rights-of-way of
35 record.
36
37 be and the same is hereby rezoned from Community Commercial (C-3) and Single Family
S:\CA\Ordinances\Planning\Rczoning\Rczoning - Harbor Cay.doc
1 Residential (R-l-AA) to Infill Planned Unit Development (IPOO). A location map IS
2 attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
4 accordingly.
5 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
6 repealed.
7 Section 5. Should any section or provision of this Ordinance or any portion thereof
8 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
9 the remainder of this Ordinance.
10 Section 6. This ordinance shall become effective immediately upon passage.
11 FIRST READING this _ day of
,2006.
12
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
13
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)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \OrdinancesIPlanninglRezoninglRezoning - Harbor Cay. dO!:
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DEVELOPMENT DEPARTMENT
PLANNING 8t ZONING DMSION
MEMORANDUM NO. PZ 06-061
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 U
DATE:
April 6, 2006
PROJECT
NAME/NUMBER:
REQUEST:
Harbor Cay
LUAR - 06-009
Amend the future land use designation from Local Retail Commercial
(LRC) and Low Density Residential (LDR) 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: Harbor Cay, LLC
Applicant: Harbor Cay, LLC
Agent: Mr. Richard K. Brooks Jr., AlA, NCARB
Location: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (Exhibit "A")
Existing Land Use: Local Retail Commercial (LRC) and Low Density Residential (LDR)
Existing Zoning: Community Commercial (C-3) and Single-family Residential (R-1-AA)
Proposed Land Use: Special High Density Residential (SHDR - 20 dujac)
Proposed Zoning:
Infill Planned Unit Development (IPUD)
Proposed Use:
23 fee-simple townhouse units at 16.09 dwelling units per acre
Acreage:
1.429 acres (62,256 square feet)
Page 2
File Number: LUAR 06-009
Name: Harbor Cay
Adjacent Uses:
North:
To the north is developed multi-family residential property (Inlet Harbor
Club), classified Recreational (R) and High Density Residential (HDR) land
use and zoned Recreation (REC) and Multi-family Residential (R-3);
South:
To the south is developed commercial property (Gateway Shell),
classified Local Retail Commercial (LRC) land use and zoned Community
Commercial (C-3); to the southeast is developed single-family residential,
classified Low Density Residential (LDR) and zoned Single-family
Residential (R-1-AA);
East:
To the east is developed and vacant single-family residential, classified
Low Density Residential (LDR) 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 Planning 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 proposed residential use and accompanying site plan is consistent with the intent
and requirements of the IPUD zoning regulations when all staff comments are
incorporated into its design. The request is subject to satisfying selected conditions of
approval for the corresponding site plan;
3. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan; 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.
It should be noted that the accompanying site plan is deficient in terms of meeting the
minimum required setback along the south property line. Therefore, the plan does not
currently meet the requirements of the IPUD zoning and therefore causes the design to be
incompatible with the adjacent properties. However, the required modifications would not
greatly impact the overall design of the plan to meet all staff's comments identified in Exhibit
"C" of the accompanying site plan staff report and requirements of the IPUD zoning district.
Page 3
File Number: LUAR 06-009
Name: Harbor Cay
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 10 acres and a
residential use must have a density of 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 1.429 acres. The proposed
density of the accompanying site plan would be 16.09 dwelling units per acre. Even though the
requested density is greater than 10 dwelling units / acre, it is located within a recognized
redevelopment area and therefore, 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 Planning 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 project meets the above-stated design expectations.
The IPUD shall minimize adverse impacts on surrounding properties. 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 Single-family 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.
Page 4
File Number: LUAR 06-009
Name: Harbor Cay
Site Plan Analysis
The applicant is proposing to reclassify the land use designation from Local Retail Commercial
(LRC) and Low Density Residential (LDR) to Special High Density Residential (SHDR). The
SHDR land use category allows a maximum of 20 dwelling units per acre. The proposed
development contains 23 units for an overall density of 16.09 dwelling units per acre. The 23
units are proposed within six (6) separate buildings on the 1.429-acre site. Each building would
contain four (4) units, with the exception of one (1) building, which proposes three (3) units.
The floor plans propose three (3) models, ranging from 2,534 square feet to 2,599 square feet
of "total ajc area". All units would have two (2)-bedrooms and a bonus room that can be used
as a third bedroom.
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 be three (3) stories in height, the tallest of
which would be approximately 37 inches in height measured at the mid-point of the pitched
roof. The building identified as "Building 5" is proposed at the southeast corner of the property
and adjacent to an existing single-family detached home. The elevations of Building 5 show
that it would have a flat roof with a parapet wall that would be 30 feet in height. The building
was designed this way in an attempt to increase compatibility with the abutting single-family
residential properties. During the review process, staff recommended that the entire building
(or a portion of it) be two (2) stories in order to achieve a higher degree of compatibility
between the project and the existing one (l)-story single-family detached home on the abutting
properties. However, the applicant instead chose to design the building with a flat roof at three
(3) stories rather than heeding staff's recommendation to reduce it (or a portion) to two (2)
stories. While all buildings would comply with the 45-foot height limitation of the IPUD zoning
district, staff opines that the proposed height and setback of Building 5 would be incompatible
with that of the abutting single-family residence. Again, the City is not obligated to approve the
requested intensity and design of said development if compatibility with adjacent properties
becomes an issue.
The site plan shows that the project would have one (1) point of ingress / egress along Federal
Highway. Lakeside Harbor Drive, a private right-of-way, would cut through the center of the
subject property in order to provide perpetual access to the existing homes of the Sam Brown
Jr. Hypoluxo subdivision. The egress lane would provide right-turn (northbound) traffic
movements on Federal Highway. A landscape buffer would be provided along the east property
line. Trees are proposed along the perimeter of all property lines however, it should be noted
that the types of trees proposed within these areas are a function of the proposed building
setbacks. Buildings would be setback five (5) feet from the north, south, and west property
lines. Building 5, which abuts single-family residential zoning, would be setback 10 feet from
the south property line. The IPUD zoning district regulations require the building setbacks
mirror the rear setback of the R-l-AA zoning district, which would be 20 feet. Therefore,
approval of the accompanying site plan is contingent upon modifying the plan to meet a staff
condition that requires Building 5 to be setback 20 feet from the south property line.
Page 5
File Number: LUAR 06-009
Name: Harbor Cay
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 polides
contained in the comprehensive plan.
The proposed 23-unit development would be replacing a defunct business, a single-family
detached house, and a vacant residential lot. As previously mentioned, the property is
designated with two (2) land use classifications, namely Local Retail Commercial (LRC) and Low
Density Residential (LDR). The LRC land use category would allow up to 10.8 dwelling units per
acre and the LDR category would allow up to 4.84 dwelling units per acre. The proposed land
use change to SHDR and concurrent rezoning to IPUD would be consistent with current
comprehensive plan policies to encourage infill development and redevelopment projects. The
SHDR land use category allows a maximum project density of 20 dwelling units per acre. This
would equate to a maximum of 28 dwelling units that can be developed on the property.
However, the accompanying site plan proposes a total of 23 dwelling units, equaling a project
density of 16.09 dwelling units per acre. Still, the comprehensive plan specifically addresses
projects proposing higher densities.
Policy 1.12.1
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.
The subject property is located in the hurricane evacuation zone. The site plan proposes less
than 50 units and therefore, meets the above referenced policy. Regardless, staff understands
that it is the applicant's intent to develop the parcel with a townhouse community that will have
a functional homeowners' association. This association would be able to provide continuing
information to its residents.
The criterion for assigning the Special High Density Residential land use category is found in the
following Future Land Use Element policy.
Page 6
File Number: LUAR 06-009
Name: Harbor Cay
Policy 1.16.1
This land use category shall consist of redevelopment and infill residential
areas assigned to this land use category in the portion of the designated
Community Redevelopment Area identified as Planning Area I and
Planning Area V in the "Federal Highway Corridor Community
Redevelopment Plan", adopted on May 15, 2001.
The proposed project would be located in Planning Area I, as defined in the Federal Highway
Corridor Community Redevelopment Plan, and is therefore consistent with this portion of the
above-referenced policy. The Infill Planned Unit Development (IPUD) zoning district as set forth
by the City of Boynton Beach ("City") was created for the purpose of allowing flexibility to
accommodate infill and redevelopment on parcels less than five (5) acres in size, specifically
within Planning Areas I and V of the Federal Highway Corridor Community Redevelopment Plan.
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. The Land Development Regulations
indicate that 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. As previously mentioned, a condition of approval
in the accompanying site plan is to require an increased setback for Building 5 to 20 feet from
the south property line. Staff opines that the accompanying site plan can be easily modified to
comply with the code requirements and thereby meet the intent of the IPUD zoning district
regulations. However, it should be noted that if the site plan is not modified to comply with the
required setback, then the subject request would be inconsistent with the aforementioned
Comprehensive Plan policies. Furthermore, approval of the accompanying site plan as currently
designed would necessitate the approval of a zoning code variance. Generally, staff takes the
position that projects that do not appear to suffer from "traditional" hardships and still require a
zoning code variance simply do not meet the intent of the IPUD zoning district or any other
applicable regulations.
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;
Page 7
File Number: LUAR 06-009
Name: Harbor Cay
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
portion of the subject property designated with the LRC land use category. 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
Require a transition to the adjacent gateway neighborhoods Create development
standards in the city entrance communities that establish a logical transition to the
gateway communities. Building scale, massing, and placement should be less intense
than that of the adjacent planning areas, but substantial enough to announce an arrival
in the City.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
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 Community Redevelopment Plan suggests that
the requested increase in density is appropriate for the area. Townhouse projects and other
multi-family residential projects that meet the intent of the IPUD zoning district regulations .
contribute towards the "critical mass" of residential uses needed to establish a healthy and
vibrant downtown retail center. Staff considers the requested land use category and rezoning
to be consistent and comparable with other townhouse projects recently approved within the
immediate vicinity. For example, The Harbors, which was approved in October of 2002, is a
townhouse project (located 220 feet to the south of the subject property) that was approved
with the SHDR land use classification to allow for the construction of 54 fee-Simple townhouse
units at a project density of 16.82 dwelling units per acre. Another townhouse project located
approximately 1,100 feet to the north (The Peninsula) was approved in July of 2005 for 30
townhouse units and 40 condominium units at a density of over 19 dwelling units per acre. The
Seaview Park Club, located south of the subject property, 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
(16.09 dwelling units per acre) is comparable to that of the aforementioned projects 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 within
the coastal area, where there coexists a combination of both existing single-family
neighborhoods and multi-family developments. Unfortunately, the height of each development
Page 8
File Number: LUAR 06-009
Name: Harbor Cay
varies greatly based upon the project type, often without consideration for compatibility.
However, the project's proposed building heights, with the incorporation of all site plan
conditions, meets the intent of what staff envisioned when creating the SHDR land use
classification 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 privileges 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.
As previously mentioned, the subject property is currently developed but not up to its highest
and best potential. The redevelopment of the site (with townhouse units) is desirable with
regards to beautification, economic benefit, as well as for the purpose of removing older
structures from the coastal high hazard area. Also, 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 developing vacant lots and eliminating one-story strip commercial plazas and
automobile-oriented (Le. 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 to IPUD would maintain the residential character
of the area while providing an aesthetically pleasing living environment in close 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.
The applicant submitted a traffic impact statement 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 an average of 161 daily trips, with 16 peak hour
a.m. trips and 18 peak hour p.m. trips.
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 9,900 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 4,500 gallons per day, subject to the applicant making a
firm reservation of capacity, following approval of the site plan.
Page 9
File Number: LUAR 06-009
Name: Harbor Cay
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 lO-year
planning period.
As of today, the City has not yet received confirmation that the project meets the concurrency
requirements of the Palm Beach County School District. However, as evidenced by previously
approved IPUD townhouse projects, it appears that there would be enough school capacity
within the immediate vicinity that could accommodate the expected number of resident children
generated by this request. In the near future, staff expects this confirmation from the School
District and is not overly concerned about formal action taken by the CRA or City Commission.
However, in no case shall the City approve the second reading of the Ordinance until the School
District confirms compliance with concurrency requirements (see Exhibit "B" - Conditions of
Approval).
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 (to SHDR) and rezoning (to IPUD) would be generally
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.
As previously mentioned, the abutting properties to the east and southeast are zoned R-1-AA.
The lot directly to the east (south of Lakeside Harbor Drive) is vacant and located within the
Sam Brown Jr. Hypoluxo subdivision. Platted in 1895, this subdivision currently contains several
lots that have been developed with a mix of one (1) and two (2)-story homes. The lots located
southeast of the subject property lie within the Las Palmas Park subdivision. Similarly, they also
contain a mix of one (1) and two (2)-story homes, all of which zoned R-1-AA. While lots within
both subdivisions are allowed to be developed as two (2)-story structures, it appears as though
a majority of them were constructed as one (l)-story homes. The R-l-AA zoning district also
allows a maximum building height of up to 30 feet (at mid-point of roof). Staff informed the
developer that the proposed height of Building 5 of the proposed project would be a critical
design element to consider when requesting to rezone to the IPUD zoning district. During the
review process, staff recommended that the entire building (or a portion) be reduced from
three (3) to two (2) stories in order to achieve a higher degree of compatibility with the existing
one (l)-story single-family detached home to the southeast. Instead, the applicant chose to
design the building with a flat roof at 30 feet in height rather than heeding staff's
recommendation. The building, proposed at the southeast corner of the property, would be
located 10 feet away from the south property line that abuts an R-1-AA zoned lot that is
currently developed with an existing single-family detached home. As currently proposed,
Building 5 is comprised of four (4) units. Structure "massing" is one of the major differences
between a 30-foot tall townhouse building and a 30-foot tall single-family detached home. The
perceived massing of a townhouse building with three (3) or more units is greater than the
massing of one (1) large, single-family detached home. In other words, a row of townhouse
buildings appears larger than a row of single-family detached homes despite both being limited
Page 10
File Number: LUAR 06-009
Name: Harbor Cay
to equal building heights. The building was designed with a flat roof and only one (1) side of
the building would face the adjacent single-family home, in an attempt to increase
compatibility. All buildings would comply with the 45-foot height limitation of the IPUD zoning
district. However, staff opines that the proposed height and setback of Building 5 would be
incompatible with that of the abutting single-family residence. Again, the City is not obligated
to approve the requested intensity and design of said development if compatibility with adjacent
properties becomes an issue. Therefore, staff is recommending the following two (2) solutions
to achieve compatibility:
. Increase the building setback (of Building 5) from 10 feet to at least 20 from the south
property line to match the rear setback of the adjacent house. This is an IPUD zoning code
requirement; and
. Eliminate the southernmost unit of Building 5, reduce the entire building height of Building 5
from three (3) to two (2)-stories, or reduce the southernmost portion of Building 5 from three
(3)-stories to two (2)-stories.
Staff feels that decreasing the height of the east fa~ade of Model "A" of Building 5 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 maximize compatibility, staff has
determined that compatibility would be best achieved by limiting the entire or at least, a portion
of the structure height to a maximum of two (2) stories in this area of the development. There
are no indications that the proposed amendment / rezoning would negatively impact property
values, provided that the solutions referenced above are incorporated into the design of the
plan. 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.
f. Whether the property is physically and economically developable under the
existing zoning.
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. 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, while maximizing
compatibility with adjacent properties.
Page 11
File Number: LUAR 06-009
Name: Harbor Cay
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a who/e.
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. As
previously mentioned, the downtown area and retail base are in great need for "critical mass" in
order to succeed. Rezoning to allow higher residential densities is exactly what is needed in
order to accomplish the task of revitalizing the downtown area. 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 a/ready 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 dwelling units per acre
are permitted in the Federal Highway corridor to encourage infill development and
redevelopment. It should be noted that there are a limited number of sites elsewhere in the
city where residential development could occur at a much lower density of 10.8 dwelling units
per acre; however, those sites do not offer the opportunity for redevelopment and infill
development that the subject 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 built-out or
partially-developed site rather than constructing anew on a vacant site.
CONCLUSIONS/RECOMMENDATIONS
Staff recommends that the requested land use amendment and rezoning be approved because
the proposed redevelopment is located in the Federal Highway Corridor Community
Redevelopment Plan Planning 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. The residential use
and accompanying site plan is consistent with the intent and requirements of the IPUD zoning
district regulations when all staff comments are incorporated into its design. The project would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan. Finally, the proposed project will have a positive impact on values of
adjacent property and will contribute to the overall economic development of the City.
However, it should be noted that the accompanying site plan is deficient in terms of meeting
the minimum required building setback (along the south property line). Therefore, the plan
does not currently meet the requirements of the IPUD zoning district and causes the design to
be incompatible with the adjacent properties. The modifications required to meet all staff's
Page 12
File Number: LUAR 06-009
Name: Harbor Cay
comments identified in Exhibit "C" of the accompanying site plan staff report are feasible and
therefore, would not greatly impact the overall design of the plan. The required modifications
would result in a project that would comply with code and thereby meet the intent of the IPUD
zoning district. If the Community Redevelopment Agency Board or the City Commission
recommends conditions associated with this land use amendment / rezoning request, they will
be included within Exhibit "B".
S:\PIannlng\SHARED\WP\PROJECTS\Harbor Cay\LUAR 06-009\Staff Report.doc
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EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Reference:
Harbor Cay
LUAR 06-009
Staffre....ort Memorandum P&Z 06-061
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The building setback in the accompanying site plan (NWSP 06-011) does X
not mirror the rear setback of the adjacent residential lot and therefore,
does meet comply with the requirements of the IPUD zoning district. The
Page 2
Yachtsman's Cove
File No.: LUAR 06-003
DEPARTMENTS INCLUDE REJECT
setback of Building 5 shall be 20 feet from the south property line unless a
variance request to provide less separation distance is approved.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be determined.
S:\Planning\SHAREDlWP\PROJECTS\Harbor Cay\LUAR 06-009\COA.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Attorney Spillias asked if any of the members had ex-parte communications on the item or any
of the public hearing items.
Ms. Horenburger declared she had met with Mr. Carney, Ms. Brooks and Ms. Bright to
determine whether the area would be appropriate.
There were no comments from the board or the general public.
Motion
Ms. Heavilin made a motion to approve the request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to Industrial (1). Vice Chair Norem
seconded the motion that unanimously carried.
Motion
A motion was made by Ms. Heavilin to approve the request to rezone from Community
Commercial (C-3) to Industrial (M-1). Mr. Myott seconded the motion that unanimously carried.
C. Harbor Cay
Land Use Amendment/Rezoning
1.
PROJECT:
Harbor Cay (LUAR 06-009)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) and Low
Density Residential (LOR) to Special High Density
Residential (SHDR); and
Request to rezoning from Community Commercial (C-3)
and Single-Family Residential (R-1-AA) to Infill Planned
Unit Development (IPUD)
Proposed use:
23 fee-simple townhouse units.
New Site Plan
2.
PROJECT:
Harbor Cay (LUAR 06-011)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
DESCRIPTION:
Request new site plan approval to construct 23 fee-simple
townhouse units, swimming pool and related site
improvements on a 1.429-acre parcel in the IPUD zoning
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
district.
Mr. Eric Johnson, City Planner, presented the request and recommended approval subject to all
the conditions of approval in Exhibit C. Mr. Johnson explained the applicant requested a waiver
to reduce the width of the right-of-way from 40' to 35'. Staff reviewed the waiver request and
agreed with it. In the CRA area, you need 24' of back-up distance behind a parking stall. He
noted on the plan, the parking area shows 23' so there were some areas that could not be
counted as parking areas. He emphasized that was a condition of approval. He also stressed
the adjacent property is vacant and will have a 10' setback, and the rear setback area should be
20'. He noted if the project is approved with anything less than 20' for the setback area, then as
a condition of approval, the building must be moved 20' or a variance applied for. The site plan
shows that area as 10' and a variance has not been applied for. Additionally, compatibility is an
issue. The project is a three-story town home with adjacent residential structures. Staff
initially made a recommendation to reduce the height of Building 5 from three-stories to two
stories. He explained building massing could be a compatibility issue. Consequently, the
applicant revised the plan. Staff reviewed the drainage plan and a more detailed plan would
occur at the permit stage. Staff recommended approval of the site plan subject to the applicant
meeting all the conditions of approval in Exhibit C.
Ms. Brooks reviewed the plan with the applicant and suggested the height of Building 5 on the
southern end of the property be dropped to two stories to be compatible with the adjacent
property having R-1A zoning. She recommended approval of the land use zoning change and
site plan with the conditions in Exhibit C. It was noted the comments in question were condition
numbers 64 and 65.
The applicant, Mr. Sid von Rospeunt , CEO of Groupo Tango, the parent company and owner of
the property, was present. He indicated when he purchased the property it was his intent to
improve the area. In reference to Building 5, he wanted to keep the appearance of the
community and could move the building back giving a 15' rear setback. He requested the City
Commission grant a compromise for the 15' setback area because it would not affect the overall
appearance of the community. He explained they planned too much parking. The City's
requirement was 46 parking spots with guest parking. Their plans showed over 60 parking
spaces and will remove the excess spaces when they file their permit application giving only 10
extra parking spaces. Some of the areas, such as Building 1, are missing one inch. On the
other eastern side of Building 5 there is 23' and they will work something out there. They will
meet the City's concerns and remove the parking from the site plan.
The height of Building 5 was discussed. The applicant decided to keep the roof as a flat roof.
The intention was to purchase more land in that area, in order to continue building. At that point
they would remove the height restriction. He explained Building 5 has two town houses, two
center and two corner units. He explained dropping the height to two stories would cause the
homes to become one bedroom, which are unsellable. He hoped that having a 15' compromise
would be acceptable. He requested the board recommend moving forward with the project and
becoming a good corporate citizen.
Mr. Myott had some concerns regarding the elevations of the dwellings in the back of the project
and thought they were completely unacceptable because the lack of the tile roof elements gave
the appearance the roof was taken off. He indicated he could support the project with the flat
roof buildings, but the elevation of Building 5 was unacceptable. Mr. Myott did not see a way to
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
resolve the issue by keeping Building 5 in the plan. He also had questions regarding the wall
and signage.
Ms. Heavilin expressed concern about a variance and the parking spaces being eliminated.
She expressed she thought the plan looked incomplete with the changes. She agreed with Mr.
Myott that Building 5 should be put in Phase II.
Ms. Horenburger asked if the CRA area had a Constrained Roadway at Lower Level of Service
(CRALLS) designation. Mr. Johnson explained they have a Traffic Concurrency Exception Area
(TCEA) in the CRA area. She concurred with the concerns raised by Mr. Myott and Ms.
Heavilin. It was noted to date there have been no variances granted for setbacks in the IPUD
areas. She requested clarification about reducing the width of the right-of- way on the internal
street on the south side to 23'. Ms. Horenburger expressed she would like to see as much
parking as possible and agreed the height needed to be adjusted for Building 5 or it should be
put in Phase II.
Mr. DeMarco asked if the developer agreed with all 83 conditions of approval. He responded
there are only about 80 conditions that are affected at the permitting stage. He indicated he
would address them and agree to them. He explained taking Building 5 out is a financial issue.
Mr. Johnson explained comments numbers 64 and 65 pertain to Building 5. He was concerned
about the 5' setback on US 1.
Vice Chair Norem indicated he thought it might be difficult to obtain a variance under the criteria.
He expressed he would like to see the developers come in and meet the requirements up front.
Mr. Von Rospeunt expressed there are certain times when exceptions need to be made. He
responded they can work on Building 5 and suggested perhaps they can design a different roof
for Building 5 because it will be a certain distance from the next property line back.
Chairman Tillman questioned how emergency service access would be affected by over
parking. He saw the project as in motion but not ready for the board.
Chairman Tillman opened the floor for public comments.
Ms. Bonnie Jones, a resident of Lakeside Harbor Drive indicated she would be impacted. Her
concern was regarding the parking. She indicated the property was never intended for 23 town
homes. When gates were installed at her community there was a turnaround easement issued
by the previous owner for the occupants of Lakeside Harbor Drive. After the hurricane, the gate
was slightly damaged but operational. After demolition of the property, the gate was totally
damaged. They approached Mr. von Rospeunt about moving the gate back. He indicated they
could not because they would not be compliant. She indicated the community paid $20,000 for
the gate. She requested clarification about the future of the property and she noted Phase II
was still conceptual. She had an issue how the project would look from the back. She indicated
she did not see drainage ponds and there was no storm water drainage. There was only the
pitch from Federal Highway to the Intracoastal Waterway for run-off and there is low-lying land
that will flood.
Chairman Tillman closed the floor for public comments.
13
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Attorney Spillias clarified his previous request regarding ex-parte communication pertained to all
items on the agenda. The board members responded they did not have any communications
regarding the agenda except as noted earlier by Ms. Horenburger.
Mr. Richard Brooks, the Architect for the project, was present. He indicated Lakeside Drive
bisects the property. He explained the project was designed to have a plaza in the center and
that is why the street passes through it. He explained it is very different than other areas and
the villa or older estate type of building was appealing. He took exception with the existing
zoning. He explained normally any project with a PUD connotation usually has flexibility. He
explained they have created a dense, but exciting project with many restrictions. He indicated
the entrance trellis was incorporated because Lakeview Harbor Drive tends to divide the
property. The trellis tends to pull it together.
There was a recommendation for approval subject to all the comments.
The developer indicated they would work on Building 5 when they get to the permitting stage.
They would temporarily take the corner unit to the south to a two-story unit and create a roofline.
Ms. Horenburger asked about the setbacks and a variance.
Attorney Spillias clarified the request can be approved subject to approval of a variance. If the
variance were not approved, the site plan would be invalid. It was noted the Land Use
Amendment could not be approved without the site plan.
Mr. Johnson read Site Plan Condition 65 for the record: The City is not obligated to
automatically approve the level of development intensity request 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 (Chapter 2, Section 5.L.1.c.). Therefore, staff strongly
recommends limiting Building 5 to two-stories rather than three-stories, eliminating the eastern
portion of the third story of Building 5, or increasing the width of the east landscape buffer so
that the setback of Building 5 is equivalent to Building 3, Units 16 through 19.
Motion
Ms. Horenburger moved for approval of staff comments.
Mr. Johnson explained the applicant is required to submit a drainage plan which is preliminary.
The review showed a legal positive outfall. A more detailed review is always conducted at the
time of permitting. Staff had no comments regarding the gate. There was no plan by the
applicant to relocate the gate anywhere on site, and relocation off-site would have to be
reviewed by staff.
Laurinda Logan, Sr. Engineer conducted a preliminary review and indicated the applicants
addressed Engineering's concern. There was one condition of approval, noted as Comment 11
regarding the neighborhood's concerns with drainage and the additional ground elevation
information so they can evaluate historic flows. This could be done during the permitting stage.
She was approached about relocating the gate and the ability to make turnarounds. The
homeowners need to work with the developer regarding a cross-access agreement for turn-
around movements.
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Mr. Myott thought a comment should be added that all buildings have like roof designs.
Mr. Mike Rumpf, Planning and Zoning Director, explained the roof was modified on Building 5
to minimize the height, which allowed the applicant to have smaller setback requirements. He
elaborated Comment 64 had been addressed by both the board and the applicant.
Comment 65 recommends the eastern half of Building 5 be reduced to two stories. He noted
Comment 65 is not a new comment by staff. The same comment was used on the Seaview
project, which influenced them to provide patios on the upper units. He explained they
are meeting the minimum requirements of the IPUD. Staff is recommending above and beyond
the Code to increase compatibility.
Motion
Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial (LRC) and Low Density Residential (LDR) to Special High
Density Residential (SHDR) subject to all staff comments. Ms. Horenburger seconded the
motion that unanimously carried.
Motion
Mr. Myott moved to approve the request to rezone from Community Commercial (C-3) and
Single-Family Residential (R-1-AA) to Infill Planned Unit Development (IPUD) subject to all staff
comments. Ms. Heavilin seconded the motion that unanimously carried.
Motion
Mr. Myott moved to approve the request for new site plan approval to construct 23 fee-simple
townhouse units, swimming pool and related site improvements on a 1.429-acre parcel in the
IPUD zoning district subject to all staff comments and the additional comment that all buildings
shall have a similar roof design. Ms. Heavilin seconded the motion that unanimously carried.
D. Seacrest Boulevard
Land Use Amendment/Rezoning
1.
PROJECT:
Seacrest Low Density Residential (LUAR 06-014)
OWNER:
City Initiated
LOCATION:
West Side of Seacrest Boulevard from NW 3rd Avenue to
north of NW 6th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Low
Density Residential (LOR); and
Request to rezone from C-2 Neighborhood Commercial to
R-1 Single Family Residential
Proposed use:
No change proposed.
15
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORtH
VIII.-PUBLIC HEARING
ITEM C. t
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
May 1,2006 (Noon)
D June 6, 2006
D June 20, 2006
D July 5, 2006
D July 18,2006
May 15, 2006 (Noon)
D April 4, 2006
D April 18, 2006
[8] May 2, 2006
D May] 6, 2006
March 20, 2006 (Noon.)
Apri] 3,2006 (Noon)
June 5, 2006 (Noon)
Apri] ]7,2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
[8] Public Hearing
D Bids
D Announcement
D City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Connnission Agenda under Public
Hearing with the corresponding items for land use amendment and rezoning. The Community Redevelopment Agency Board
recommended that the subject request be approved on April II, 2006, subject to all staff comments and the additional
condition requiring similar pitched roofs on all buildings. The applicant also agreed to reducing the height of the southern
unit in building #5 to two (2) stories. So that final action on the land use and zoning changes precedes review of the
corresponding site plan request, staff recommends that this item be heard in conjunction with the land use and rezoning items
but tabled to the May 16th meeting for fmal action to follow ordinance review. For further details pertaining to the request,
see attached Department Memorandum No. 06-061.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Harbor Cay (NWSP 06-011)
Robert K. Brooks, Jr., RKB Architects Planners, Inc.
Harbor Cay, LLC
East side of Federal Highway approximately 160 feet north of Gateway Boulevard
Request new site plan approval to construct 23 fee-simple townhouse units, swinnning
pool and related site improvements on a 1.429-acre parcel in the IPUD zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Developmen epartm' nt Director City Manager's Signature
~7b
Planning and ~g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\NWSP 06-0] ]\Agenda Item Request Harbor Cay NWSP 06-0]] 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Un<--
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-065
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Eric Lee Johnson, AICP
Planner
w
DATE:
April 6, 2006
PROJECT NAME/NO:
Harbor Cay / NWSP 006-011
REQUEST:
New Site Plan
PROJECT DESCRIPTlON
Property Owner: Harbor Cay, LLC
Applicant: Harbor Cay, LLC
Agent: Mr. Richard K. Brooks Jr., AlA, NCARB
Location: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (Exhibit "A")
Existing Land Use: Local Retail Commercial (LRC) and low Density Residential (LDR)
Existing Zoning: Community Commercial (C-3) and Single-family Residential (R-1-AA)
Proposed Land Use: Special High Density Residential (SHDR - 20 dwelling units per acre)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 23 fee-simple townhouse units at 16.09 dwelling units per acre
Acreage: 1.429 acres (62,256 square feet)
Adjacent Uses:
North:
To the north is developed multi-family residential property (Inlet Harbor
Club), classified Recreational (R) and High Density Residential (HDR) land
use and zoned Recreation (REC) and Multi-family Residential (R-3);
South:
To the south is developed commercial property (Gateway Shell), classified
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 2
Local Retail Commercial (LRC) lanel use and zoned Community
Commercial (C-3); to the southeast is developed single-family residential,
classified Low Density Residential (LDR) and zoned Single-family
Residential (R-l-AA);
East:
To the east is developed and vacant single-family resldentiall classified
Low Density Residential (LDR) and zoned Single-family Residential (R-l-
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 NOnFICAnON
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 several lots that form a 1.429-acre parcel.
This parcel lies within Planning Area I of the Federal Highway Corridor Community
Redevelopment Plan and within the boundaries of the Community Redevelopment.
Agency area. The survey shows the lots are currently developed with one (l)-story
buildings, parking areas, and utility lines. The highest ground spot-elevation is
9.10 feet above sea-level, located near the west property line along Federal
Highway. Lakeside Harbor Drive, a private right-of-way, cuts through the center of
the subject property in order to provide perpetual access to the existing homes of
the Sam Brown Jr. Hypoluxo subdivision. A two (2)-inch potable water line and a
gravity sanitary sewer main are located within this east-west right-of-way. The
property lies within two (2) zoning districts, namely the Community Commercial (C-
3) and Single-family Residential (R-l-AA) districts. The survey shows that a
security gate for the existing residences along Lakeside Harbor Drive is currently
located near the center of the subject property along Lakeside Harbor Drive. The
site plan does not make provisions for a new location and staff notes that a future
request for restricted access to the homes of the Sam Brown Jr. Hypoluxo
subdivision may not be feasible if located off-site.
BACKGROUND
Proposal:
Mr. Richard K. Brooks Jr'l agent for Harbor Cdy, LLC is proposing a new site plan
for 23 fee-simple townhouse units. As previously mentioned, the subject parcel is
located within Planning Area I of the Federal Highway Corridor Community
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. As such, the
developer is simultaneously requesting to reclassify the land use from LRC and Low
Density Residential (LOR) to Special High Density Residential (SHDR) and rezone
from C-3 and R-l-AA to Infill Planned Unit Development (IPUD). Therefore,
approval of this project is contingent upon the approval of the corresponding
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 3
Concurrency:
Traffic:
Utilities:
request for land use change and rezoning (LUAR 06-009). It should be noted that
Lakeside Harbor Drive would still remain as a private right-of-way for perpetual use
by all property owners.
Fee-Simple townhouses are permitted uses in the IPUD zoning district. Under the
SHDR land use category, the maximum allowable density is 20 dwelling units per
acre, which would allow up to 28 dwelling units on this particular site. However,
the project proposes a total of 23 dwelling units, which equals a density of 16.09
dwelling units per acre. It should be noted that the site plan earmarks several
properties located in the Sam Brown Jr. Hypoluxo subdivision as Phase II.
However, no development application has been formally submitted to the City and
therefore, these notes would have to be removed from the site plan (see Exhibit
"C" - Conditions of Approval).
ANALYSIS
A traffic impact statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure that an adequate level of service exists to
serve the subject project. The Palm Beach County Traffic Division determined that
the proposed redevelopment project meets the Traffic Performance Standards of
Palm Beach County. The traffic concurrency approval is subject to the Project
Aggregation Rules set forth in the Traffic Performance Standards Ordinance and no
building permits are to be issued after the build-out date of 2009 (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 (the project is estimated to require a total
of 9,900 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 4,500 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).
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 4
School:
Driveways:
The Palm Beach County School District has approved the request for a concurrency
determination for 23 dwelling units. The Concurrency Determination is valid for
one (1) year from the date of issuance (March 31,2007) and would continue to be
valid for the life of the development order.
The site plan shows that the project would have one (1) point of ingress / egress
along Federal Highway, utilizing the existing right-of-way of Lakeside Harbor Drive.
The egress lane of lakeside Harbor Drive would prOVide right-turn (northbound)
traffic movements on Federal Highway. The survey shows that Lakeside Harbor
Drive currently has a paved surface width of 17 feet. No ultimate rights-of-way
lines are shown on the survey. As part of the site plan, the applicant requested a
waiver from Chapter 2, Section 5. L. 4 .h.(l) of the Land Development Regulations to
reduce the required width of the Lakeside Harbor Drive right-of-way from 40 feet to
35 feet. Ukewise, the applicant requested a waiver from City Standard Detail P-1 to
reduce width of the travel lanes of the internal drive aisles from 11 feet to 10 feet
for one (i)-way traffic movements and from 22 feet to 20 feet for two (2)-way
traffic movements. Staff analyzed the applicant's waiver requests and concurred
with the justification for reduced widths of paved surfaces. It should be noted that
when the project is completed, the roadway improvements made to Lakeside
Harbor Drive would result in a 35-foot ultimate wide right-of-way with an actual
paved surface width of 20 feet. As previously mentioned, Lakeside Harbor Drive
would still provide perpetual access to the existing homes of the Sam Brown Jr.
Hypoluxo subdivision.
The street system within the development is generally proposed in a linear fashion
with the main east-west roadway of Lakeside Harbor Drive extending through the
center of the project with smaller segments of north-south drive aisles proposed at
the rear of each building. The site plan proposes that each two (2)-way drive aisles
not associated with Lakeside Harbor Drive would have ii-foot wide travel lanes
instead of 12 feet because the approval of the above-mentioned waiver. However,
a backup distance of 24 feet would still be maintained to allow safe enby / exit into
each garage. The applicant will be required to apply for additional waiver to reduce
the width of the secondary roadways not associated with Lakeside Harbor Drive
(see Exhibit "C" - Conditions of Approval).
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. The back-up distance
behind each unit would be such 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. However, the site plan appears deficient with
regards to pedestrian circulation due to the lack of sidewalks provided for Building 5
and Building 6.
Parking Fadlity: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per
unit. The project proposes 23 dwelling units. All units would have two (2)-
bedrooms and a bonus room that can be used as a third bedroom. Therefore,
based upon the above-referenced number of units, the project requires a total of 46
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 5
parking spaces. The site plan shows that each unit would have a two (2)-car
garage, which would thus equate to providing 46 parking spaces. The size of each
unit would vary but generally, each garage would be dimensioned 19 feet in width
by 20 feet in depth. However, the Floor Plan of Unit "C" shows that the garage
would be 17 feet in depth. There is no Land Development Regulation, Engineering
Standard, or Florida Building Code requirement for minimum garage depth that
precludes the less than 18-foot garage depth.
The site plan also proposes two (2) 90-degree parking spaces and four (4) parallel
parking spaces. The 90-degree parking stall 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 5-feet of striping) and 18 feet in length. The parallel
parking spaces are proposed on the north side of Lakeside Harbor Drive. The site
plan does not indicate the dimensions of the parallel parking spaces. When scaled,
they appear to be at least 10 feet in width by 25 feet in length. However, the site
plan shows that one (1) of these parallel parking spaces is earmarked for the
location of roll-out containers (for trash removal) for Building 2, Building 3, and
Building 4. This area would be large enough to accommodate the roll-out
containers but it cannot simultaneously be designated for guest parking as well.
This space which is earmarked for the roll-out containers would result in the
elimination of at least two (2), possibly three (3) guest parking spaces. At the time
of permitting, the location for the roll-out container as shown on the site plan would
have to be modified and reconfigured to meet the appropriate space needed to
accommodate 12 roll-out trash containers (see Exhibit "c" - Conditions of
Approval). Staff acknowledges that this is not the optimum location for the trash
receptacles because they would be visible from lakeside Harbor Drive. However,
staff also recognizes that concessions have to be made with higher density,
redevelopment, and infill projects. For example, staff agrees that large cul-de-sacs
are not needed at the dead-ends of these north-south drive aisles proposed behind
Building 2, Building 3, and Building 4. In many cases, providing large vehicular use
areas in smaller projects would be contradictory to urban infill and redevelopment
efforts. However, these concessions sometimes results in a lack of space provided
for large service vehicles such as garbage trucks and fire engines. While the
project would be safe in terms of emergency and fire-rescue, it is the intent of staff
to strike the delicate balance between aesthetics and function. In this case,
aesthetics would be compromised on trash pick-up days. The site plan also
designates a space along the south side of Lakeside Harbor Drive near the
recreation area. Staff understands that this would be the temporary location for
the roll-out containers for Building 1, Building 5, and Building 6. Again, the roll-out
containers would only be in this visible location on trash pick-up days. This
southern location would not be as efficient as the northern one because the
garbage trucks are right-loaded and would have to make multiple turning
movements in order to access these receptacles if placed at this particular location.
Furthermore, the size of the space is too small in its current configuration to
accommodate the roll-out containers for 11 units. It would reqUire additional space
thereby eliminating most of the landscape strip of Lakeside Harbor Drive near the
pool area. It would make more sense to have the roll-out containers placed in the
driveways of Building 1, Building 5, and Building 6 on trash days.
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 6
The site plan proposes several driveway spaces in front of the garages of Building
1, Building 5, and Building 6. They would be at least 18 feet in length and 20 feet
in width. However, in some areas, the back-up distance behind each driveway
space is less than 24 feet and would not meet current engineering standards.
Therefore, these parking spaces cannot be counted toward meeting the total
number of required or provided parking spaces. At the time of permitting, the site
plan would have to be modified to eliminate the designation of "driveway space" for
those driveway spaces with deficient back-up dimensions (see Exhibit "C" -
Conditions of Approval). Even though the site plan designates multiple driveway
spaces, it appears that only six (6) of them would meet current engineering
standards. Therefore, combining the garage spaces, driveway spaces, parallel
spaces, and 90-degree spaces, the site plan would provide for a total of 56 parking
spaces or an excess of 10 parking spaces.
Landscaping:
The site plan tabular data indicates that 9,939 square feet (0.228 acres) or 16% of
the site would be pervious surface. The plant list indicates the landscape plan
would provide a total of 48 canopy trees, all of which, would be native. The plant
list indicates that 10 or 13% of the 76 palm trees would be native. Also, the
landscape plan would contain 2,080 shrubs / groundcover plants, of which 314
(15%) would be native. At the time of permitting, at least fifty percent (50%) of
the palm trees and shrubs / groundcover would have to be native species (Chapter
7.5, Article II, Section 5.P). The tree species would include the following: Florida
Royal palm, Montgomery palm (double-trunked), Coconut palm, Christmas palm,
Dahoon Holly, "High Rise" Uve Oak, Orange Geiger, and Silver Buttonwood. 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" - Condition of Approval).
The Comprehensive Plan requires the conservation of potable water and specifically
that potable water not be used for landscape irrigation where other sources are
readily available. However, it is likely that well water cannot be utilized for this
particular project due to the saltwater intrusion that occurs near the coast,
especially in areas east of Federal Highway. A water-use permit from the South
Florida Water Management District is required for an irrigation system that utilizes
water from a well or body of water as its source. A note on the landscape plan
indicates that the irrigation plans shall be designed so that turf and bedding plant
areas are on separate zones and time duration for water conservation. This is
required at the time of permitting.
Project compatibility is judged on how well the proposed development fits within
the context of the neighborhood and abutting properties. The applicant provided a
colored elevation drawing (sheet A2.1) that shows how the project would appear
from Federal Highway. The landscape plan shows that the west landscape buffer
would be five (5) feet In width and contain either double-trunked Montgomery palm
or single-trunked Christmas palm trees. Overhead wires are located above the
entire west property line so the choice and quantity of landscape material is limited.
However, staff recommends incorporating additional small growing palm or canopy
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 7
trees into the west landscape buffer in order to further breakup the impact of a
three (3)-story building proposed five (5) feet from the property line or install the
overhead power line underground so that there would be no conflict with the
landscaping (see Exhibit "C" - Condition of Approval). Curly Boy Red Croton and
Purple Heat would be installed along the base of the townhomes that front along
Federal Highway. The main entrance at Lakeside Harbor Drive would have
signature trees and a row of Florida Royal palm trees.
The east landscape buffer would vary in width, from five (5) feet at its narrowest
point to 10 feet at its widest point. The narrower portion is proposed north of
Lakeside Harbor Drive and the wider portion is proposed south of Lakeside Harbor
Drive where the project abuts single-family homes to the east. In deference to the
existing conditions, staff requested the developer provide an additional drawing of
the east building elevations as they would be viewed from the adjacent residential
properties. Staff also requested that a supplemental drawing depicting the
townhouse buildings in the background with the proposed masonry wall and trees
in the foreground. However, no plans were submitted. The site plan shows that a
masonry wall, six (6) feet in height would be located along the entire east property
line adjacent to the residential lots in the R-1-AA zoning district. Typically, a buffer
wall is setback two (2) feet from a property line, in part, for maintenance purposes.
However, in this case, the wall would be located directly along the east property
line. The masonry wall will help buffer the subject property from the residential
neighborhood as well as to help prevent the intrusion of automobile headlights into
neighboring properties from parking areas and driveways. However, staff
recommends that a formal agreement be executed with the adjacent property
owners regarding maintenance of the "outside" of the wall since the wall is
proposed so close to the property line (see Exhibit "c" - Conditions of Approval).
The landscape plan proposes four (4) "High Rise" Live Oaks and four (4) Dahoon
Holly trees directly east of Building 5 (at the southeast comer of the property within
the 10-foot wide buffer south of Lakeside Harbor Drive). Also, four (4) "High Rise"
Live Oak trees are proposed within the landscape buffer east of Building 4, north of
lakeside Harbor Drive. As previously mentioned, this portion of the east landscape
buffer is narrower than the other. The "High Rise" Live Oak trees are proposed 20
feet on center within this buffer. However, staff recommends inserting a Dahoon
Holly tree between each "High Rise" Live Oak tree to lessen the impact of the three
(3)-story building adjacent to the single-family neighborhood (see Exhibit "c" -
Conditions of Approval).
The site plan shows that the north landscape buffer (adjacent to the Inlet Harbor
Club) would be five (5) feet in width. This buffer would contain a row of Orange
Geiger trees. These trees were chosen because they are small-growing and would
not conflict with the overhead FP&L power lines. The six (6) foot tall masonry wall
would run along the north property line as well.
The width of the south landscape buffer would vary between five (5) feet at its
narrowest point and 10 feet at the widest. The widest point would occur south of
Building 5, adjacent to the single-family zoning district. Four (4) Orange Geiger
trees are proposed east of Building 5. Again, they were chosen for this location
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 8
due to the presence of overhead power lines. Orange Geiger trees are also
proposed along the entire south property line.
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district and develop at a density of 16.09 dwelling units per acre. The
23 dwelling units are proposed within six (6) separate buildings on the 1.429-acre
site. Each building would contain four (4) units, with the exception of one (1)
building, which proposes three (3) units. The floor plans propose three (3) models
types, ranging from 2,534 square feet to 2,599 square feet of "total ale area". All
units would have two (2)-bedroom 'units and a bonus room that can be used as a
third bedroom.
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 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 that all buildings
would be three (3) stories in height, the tallest of which would be approximately
37 inches in height measured at the mid-point of the pitched roof. The building
identified as Building 5 is proposed at the southeast comer of the property and
adjacent to an existing single-family detached home that lies within the R-1-AA
zoning district. During the review process, staff recommended reducing the height
of Building S from three (3) stories to two (2) stories or at the very least, to design
the eastern portion of Building 5 as a two (2}-story structure, because compatibility
with the adjacent single-family detached home was a concern. However, the
applicant instead chose to design the building with a flat roof rather than heeding
staff's recommendation. The elevations of Building S show that it would have a
flat roof with the top of the parapet wall proposed at 30 feet in height. All
buildings would comply with the 4S-foot height limitation of the IPUD zoning
district. However, staff opines that the proposed height and setback of Building 5
would be incompatible with that of the abutting single-family residence. The
setback will be discussed in more detail in the following paragraph. Again, the City
is not obligated to approve the requested intensity and design of said development
if compatibility with adjacent properties becomes an issue.
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
2, Section S.L.3.). The property to the north is zoned Recreation (REC), and
appears to be a part of the Inlet Harbor Oub Condominium. The side yard setback
of the REC zoning district is 25 feet. The site plan proposes a setback of five (S)
feet from the north property line. Compatibility between the subject property and
the property to the north is not an issue because the townhouse building would
abut open space. The property to the southwest is zoned Community Commercial
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 9
(C-3) and has been developed with a gas station (Gateway Shell). The side
setback of the C- 3 zoning district is zero (0) feet. The site plan proposes a setback
of five (5) feet from the south property line and therefore, would be acceptable.
The property to the southeast is zoned Single-family Residential (R-1-AA) and
developed with a home. The rear setback of the R -l-AA zoning district is 20 feet.
The site plan shows that Building 5 would be setback 10 feet from the south
property line. Therefore. the setback of Buildina 5 shall be increased from
10 feet to 20 feet to mirror the reauired setback of the adiacent home
(see Exhibit .eIF - Conditions of ADDrovan. Approval of the site plan as
currently designed would necessitate the approval of a zoning code variance (see
Exhibit "c" - Conditions of Approval). The side setback of the R-1-AA zoning
district is 10 feet. The site plan proposes a setback of 10 feet from the east
property line. However, 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 (l)-foot building setback for each one (1) foot in building height that
exceeds 30 feet, regardless of whether or not a abutting lot is vacant or developed
with a Single-family detached home. Originally, the applicant proposed Building 5
with a pitched roof that would have been 41 feet - six (6) inches in height. This
would have required Building 5 to be setback at least an additional 11 feet - six (6)
inches. This extra setback requirement was the primary reason why the applicant
chose to design the building as a flat-roofed three (3)-story building. It should be
noted that according to Chapter 2, Section 5. 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 extra
setback. Land to the west is right-of-way for Federal Highway. The site plan
proposes a setback of five (5) feet along the west property line. This minimal
setback from the street is consistent with the intent of the IPUD zoning district.
The main recreation area would be located near the center of the site, just south of
Lakeside Harbor Drive. It would include a swimming pool and a wood trellis. The
pool trellis detail shows that it would be eight (8) feet - six (6) inches in height.
The southern portion of the trellis would be designed as part of the pool fence. As
previously mentioned, a masonry wall six (6) feet in height would be located along
the north, south, and east property lines.
The Perimeter Fence Wall Detail shows that it would have a stucco finish with
decorative banding. No colors were proposed. Therefore, staff recommends that
the color of the masonry wall be compatible with the color(s) proposed for the
townhouse buildings (see Exhibit "c" - Conditions of Approval).
The IPUD zoning district requires 200 square feet of usable open space per
dwelling unit. The plan proposes 23 dwelling units, and therefore, 4,600 square
feet of usable open space is required (Chapter 2, Section 5.L.3.). The applicant
has informed staff that the plan provides 4,600 square feet of usable open space
but that the actual area is itemized in the tabular data as "open area", which would
be synonymous to the code required usable open space. However, at the time of
permitting, the site plan tabular data will be have to be changed to indicate that
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 10
4,600 square feet of usable open space is required and has been provided. As
certified by the applicant, the pool area in conjunction with the open spaces
proposed between "Building 3" and "Building 4" were calculated in meeting the
usable open space requirement of the IPUD zoning district. It should be noted that
the site plan in conjunction with the Patio Wall with Trellis Detail show that three
(3)-foot tall knee walls are proposed within the usable open space areas between
"Building 3" and "Building 4". While these are attractive amenities, they give the
appearance that each unit would have a private courtyard. They function as
barriers between private and public space and therefore, these private courtyards
are contrary to the intent of the usable open space requirement of the IPUD zoning
district. Staff recommends eliminating the small knee walls from the design of the
usable open space areas (see Exhibit "c" - Conditions of Approval).
Design:
The proposed townhouse buildings have hints of Spanish-Mediterranean accents in
the contemporary I modem design. All buildings, with the exception of Building 5
would have large cupolas on the roof, which would be adorned with Spanish S-
tiles. Other accents on all buildings include the following: decorative banding,
stone veneer, horizontal trim, and silhouette at entrances, metal frames, tile
inserts, wood fascia at roofs, and decorative garage doors. The project proposes
multi-colored buildings consisting of the follOWing Sherwin Williams paints:
Color code Paint Name Color Location
SW 6148 Wool Skein Off-white Building Shell
SW 6147 Panda White Cream Horizontal trim and
silhoutte
SW 6479 Drizzle Ught teal Metal frame
SW 6061 Tanbark Brown Wood fascia at roofs
SW 6059 Interface Tan Ught brown Garage doors
SW 6489 Really Teal Teal Metal Entrance arch
The elevations show that each building would have blue colored awnings. A metal
decorative archway is proposed over lakeside Harbor Drive between "Building 1"
and "Building 2". The elevations indicate that it would be 19 feet - six (6) inches in
height at the middle of the right-of-way. The site plan shows the location of the
light poles but no photometric plans were included within this submittal. At the
time of permitting, the photometric plan must demonstrate that lighting levels will
be adequate and not "spill" over onto adjacent properties (see Exhibit "c" -
Conditions of Approval). Similar to other recently approved townhouse projects,
the front doors of each unit are oriented towards the streets. Staff endorses how
the buildings "engage" the main streets.
Signage:
No signage is shown or proposed.
Art:
The newly adopted Art in Public Places ordinance requires all development,
redevelopment, reconstruction, or remodeling that has a construction value of
$250,000 or greater to participate in the program. The applicant is responsible for
compliance with Ordinance 05-060 and must demonstrate their participation. As of
today, nothing has been submitted to the City. The Art Information Form must still
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 11
be completed prior to approval to indicate the preliminary construction valuation,
and whether the developer will provide on-site art, or opt to pay the fee-in-Iieu of
providing project art (see Exhibit "C" - Conditions of Approval).
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 06-009) and subject to satisfying all
comments indicated in Exhibit "C" - Conditions of Approval. Staff acknowledges that there are
compatibility issues with regard to the proposed building height and setback, and this recommendation of
approval Is contingent upon compliance with the Conditions of Approval that were crafted to achieve
compatibility. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
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EXHBIIT "C"
Conditions of Approval
Project name: Harbor Cay
File number: NWSP 06-011
Reference: 2nd review plans identified as a New Site Plan with a March 14,2006 Planning & Zoning date
stamp marking.
I "
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Provide a mInImUm outside turning radius of 55 feet to allow turning X
movements for Solid Waste (and Fire/Rescue) inside the proposed
community. Using AutoTurn (or similar), show on the plans that the required
turning movements are provided. Particular attention should be given to the
entryways and interior intersections to allow ingress and egress for Solid
Waste and Fire/Rescue.
2. Define "Limited Times Trash Control Pickup Area". More information/detail X
is needed on the plans regarding corralling the roll-out carts for pickup at the
two indicated locations for the dead-end roadways on the north side of
Lakeside Harbour Drive.
3. One (1) of the parallel parking spaces proposed along the north side of X
Lakeside Harbor Drive is earmarked as the location for trash-pick up for roll-
out containers for Building 2, Building 3, and Building 4. It should be noted
that this area may be designated for the roll-out containers but cannot
simultaneously be earmarked for the parking spaces as well; they cannot co-
exist. Furthermore, the plans lack detail when it comes to the removal of
trash. Therefore, the applicant would be required to designate this area
specifically for the roll-out containers. Another deficiency with the design is
that the designation of this space for the roll-out containers causes the
elimination of at least two (2) and possibly three (3) guest parking spaces. At
the time of permitting, the roll-out container location shown on the site plan
would have to be modified and reconfigured to meet the appropriate space
needed to accommodate 12 roll-out trash containers.
PUBLIC WORKS - Traffic
Comments:
4. The minimum right-of-way width for an IPUD is 40 feet., with two (2) 12- X
feet paved travel lanes, but in no case less than two (2) 10- feet travel lanes
are to be provided. A waiver request has been made and approved to reduce
the right-of-way width from 40 feet to 35 feet. This revision has only been
made on Lakeside Harbor Drive. If the applicant wishes a further reduction
in right-of-way width on the remaining secondary roadways a second waiver
request needs to be made, so stating, with the required justification, for
review and response.
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DEPARTMENTS INCLUDE REJECT
5. The main point of ingress / egress (at Lakeside Harbor Drive and Federal X
Highway) shall be widened to provide two (2) I2-foot lanes at the intersection
tapering to two (2) 10 foot lanes east of the intersection to provide a safer
entry for vehicles turning into the development from Federal Highway.
ENGINEERING DIVISION
Comments:
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory Review
Team (TART) process does not ensure that additional comments may not be
generated by the Commission and at permit review.
7. 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.
8. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles
along Federal Highway.
9. Provide an engineer's certification on the Drainage Plan as specified in LDR, X
Chapter 4, Section 7.F.2.
10. Indicate by note that catch basin and manhole covers shall be bicycle proof X
(LDR, Chapter 6, Article IV, Section 5.A.2.g).
II. Insufficient elevation information was provided outside the property lines to X
establish historic flow patterns and how they will be accommodated by the
drainage design for this project. This information shall be provided so that an
evaluation may be properly conducted.
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:
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DEPARTMENTS
INCLUDE REJECT
14. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date for
the time line should be the date of City Commission approval. Also provide
milestone dates for permit application, the start of construction, and the
setting of the first water meter. This timeline will be used to determine the
adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible.
15. 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.
16. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
17. 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)).
18. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all hydrants
existing and/or proposed for this proiect.
19. 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.
20. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. Due to the proximity of this project to the Intracoastal Waterway the
use of potable water may considered and will be evaluated at the time of
permitting.
21. 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.
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26-33(a)
22. 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.
23. 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.
24. Service laterals can only be a maximum of 100-feet in length. X
25. 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:
26. The NFPA 13R sprinklers are required inside all buildings that are three (3) X
or more stories.
POLICE
Comments:
27. It is recommended that a photometric light study be completed to show that X
standards are met and the site has safe lighting levels.
28. Show all necessary traffic control devices such as stop bars, stop signs and Do X
Not Enter signage on site plans.
29. If gated access, show location of visitor call box. X
BUILDING DIVISION
Comments:
30. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBC.
.._"---
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DEPARTMENTS INCLUDE REJECT
3 1. 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.
32. General area modifications to buildings shall be in accordance with 2004 X
FBC, Section 506. Provide calculations verifying compliance with the above
code sections and the 2004 FBC, Table 503.
33. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
34. 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 (psi) on the plans for the building design.
35. 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.
36. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
request.
37. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
38. Indicate the overall height of the/each building. X
39. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
40. Bathrooms and kitchens in the covered dwelling units shall comply with the X
FFHA, Title 24 CFR 100.205. Indicate on the plans which design
specification ("A" or "B") of the FFHA is being used. The clear floor space at
fixtures and appliances and turning diameters shall be clearly shown on the
plans.
41. If an accessible route has less than 60 inches clear width, then passing spaces X
at least 60 inches by 60 inches shall be located at reasonable intervals not to
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DEPARTMENTS
exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable
passing place. 2004 FBC, Section 11-4.3.4.
INCLUDE
42. Add to the submittal a partial elevation view drawing of the proposed X
perimeter screen wall. Identity the type of screen wall material and the type
of material that supports the screen wall, including the typical distance
between supports. Also, provide a typical section view drawing of the screen
wall that includes the depth that the screen wall supports are below finish
grade and the height that the screen wall is above finish grade. The location
and height of the screen wall shall comply with the screen wall regulations
specified in the Zoning Code.
43. 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. A water-use permit from SFWMD is required for an irrigation
system that utilizes water from a well or body of water as its source. A copy
of the permit shall be submitted at the time of permit application, F.S.
373.216.
44. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
E The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
45. 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.
46. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of seeing 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.
47. 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:
REJECT
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DEPARTMENTS INCLUDE REJECT
A A legal description of the land.
B The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
C If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
D The number of dwelling units in each building.
E The total amount being paid.
(CBBCO, Chapter I, Article V, Section 3(f))
48. 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.
49. 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.
50. Show the proposed site lighting on the site and landscape plans (LDR, X
Chapter 4, Section 7.B.4). If possible, provide photo metrics as part of your
TART plan submittals.
51. Add to the site data the total area under roof of each residential building. X
Provide tabular area data for each floor of each building. The breakdown shall
include the following areas and each area shall be labeled on the applicable
floor plan drawing:
A Common area covered walkways;
B Covered stairways;
C Common area balconies;
D Entrance area outside of a unit;
E Storage areas (not part of a unit);
F Garages (not part of a unit);
G Elevator room;
H Electrical room;
I Mechanical room;
J Trash room;
K Mailbox pickup and delivery area; and
L Any other area under roof.
(Chapter 4 - Site Plan Review, Section 7.E.2 and 3)
52. If this project is located within the Downtown Stormwater Improvement X
Watershed, appropriate fees must be paid to the City of Boynton Beach
Utilities Department prior to the issuance of a building permit per the
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DEPARTMENTS INCLUDE REJECT
CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to
the Building Division at the time of permit application submittal.
PARKS AND RECREA nON
Comments:
53. Park Impact Fee - 23 single family, attached units @ $771.00/unit = X
$17,733.00 to be paid prior to initial permit
54. Please be advised that the planting of oak trees in small spaces is not X
recommended due to the large amount of damage received during Hurricane
Wilma.
55. Separate the plant list into trees, palms, shrubs and groundcover. X
FORESTER/ENVIRONMENT ALIST
Comments:
56. 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 !>ymbol on the
landscape plan sheet I of I (Chapter 7.5, Article I Sec. 7.D.p. 2.).
57. If potable water is used, the use of drought tolerant plant species (per the X
South Florida Water Management District Manual) shall be maximized and
the irrigation system should have water conserving designs (such as a drip
system), where possible.
58. Trees with roots known to cause damage to public roadways or other public X
works, such as Ficus species, shall not be planted (Chapter 7.5, Article II,
Section 5.C.2.).
PLANNING AND ZONING
Comments:
59. Approval of this project is contingent upon the approval of the accompanying X
request for land use amendment / rezoning (LUAR 06-009).
60. On the site plan (sheet AO.O), eliminate the note "Future Phase II" because X
this property is not a part of the subject project.
61. In addition to the elevation pages that have been submitted, provide X
supplemental drawings of the east and south elevations of Building 5 that
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DEPARTMENTS
depicts the townhouse buildings in the background with plant material (trees)
proposed in the foreground proposed at the specifications at the time of their
installation. In addition, provide another drawing that shows same but with
the plant material at maturity.
INCLUDE REJECT
62. Provide a scaled, cross-section drawing of "Building 5" that depicts the X
building height, proposed setbacks, buffer walls, trees, and adjacent
structures. If no adjacent structures are present, please graphically show the
required setbacks and maximum height of a home that could be built in the
future.
63. The traffic concurrency approval is subject to the Project Aggregation Rules X
set forth in the Traffic Performance Standards Ordinance and no building
permits are to be issued after the build-out date of 2009.
64. The IPUD zoning district perimeter setbacks shall mirror setbacks of adjacent X
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 2, Section 5.L.3.). The property to the southeast is zoned
Single-family Residential (R-l-AA) and developed with a home. The rear
setback of the R-l-AA zoning district is 20 feet. The site plan proposes a
setback of 10 feet, which is not compatible with the adjacent zoning district
and property. Building 5 must be setback a minimum of 20 feet from the
south property line prior to the issuance of any setbacks. Approval of the site
plan as currently designed would necessitate the approval of a zoning code
vanance
65. The city is not obligated to automatically approve the level of development X
intensity request 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 (Chapter 2, Section 5.L.1.c.). Therefore, staff strongly
recommends limiting Building #5 to 2-stories rather than 3-stories,
eliminating the eastern portion of the 3rd story of Building #5, or increasing
the width of the east landscape buffer so that the setback of Building #5 is
equivalent to Building #3, Units 16 through 19.
66. The IPUD zoning district requires 200 square feet of usable open space per X
dwelling unit. The plan proposes 23 dwelling units, and therefore, 4,600
square feet of usable open space is required (Chapter 2, Section 5.L.3.). On
the site plan tabular data (sheet 101), please indicate that 4,600 square feet of
usable open space is required. The pool I clubhouse area may be used to meet
this requirement. It should be noted that the site plan in conjunction with the
Patio Wall with Trellis Detail show that three (3)-foot tall knee walls are
proposed within the usable open space areas between "Building 3" and
"Building 4". While these are attractive amenities, they give the appearance
that each unit would have a private courtyard. They function as barriers
between private and public space and therefore, these private courtyards are
contrary to the intent of the usable open space requirement of the IPUD
zoning district. Staff recommends eliminating the small knee walls from the
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DEPARTMENTS INCLUDE REJECT
design of the usable open space areas.
67. On the site plan tabular data, indicate proposed lot coverage per Chapter 4, X
Section 7. Note that lot coverage cannot exceed more than 50 percent
(Chapter 2, Section 5.L.).
68. All building elevations should graphically indicate the paint manufacturer's X
name and color codes on each drawing. Staff recommends using a color
schedule (Chapter 4, Section 7.D.).
69. The site plan proposes several driveway spaces in front of the garages. The X
plans show that they would be at least 18 feet in length and the same width as
the garage. However, the back-up distance is less than 24 feet and therefore,
not meeting current engineering standards. Therefore, these areas cannot be
counted as extra parking spaces. The site plan would have to be modified to
eliminate the designation of "driveway space" for those driveway spaces that
do not have at least 24 feet of back-up space. Staff will not consider these
tandem spaces as legal parking spaces (for site plan purposes).
70. 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.
71. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration. Also, please indicate the proposed
species and quantity on the landscape plan (sheet L2). This makes it much
easier to determine compliance with applicable codes.
72. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.). This applies to the Green Malayan Coconut palm, Yellow Geiger
tree, and Ligstrum tree.
73. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). Please categorize as follows: 1. Shade
trees, 2. Palm trees, 3. Shrubs & Groundcover. On the landscape plan,
indicate the total quantities within each category and their native percentages.
Also, staff recommends increasing the plant palette to provide for greater
variety of native material.
74. At the time of permitting, provide a drawing of a typical freestanding outdoor X
lighting pole. The typical drawing of the freestanding outdoor lighting poles
must include the color and material. The design, style, and illumination level
shall be compatible with the building design (height) and shaJl consider
safety, function, and aesthetic value (Chapter 9, Section 10.F.!.). A
minimum average light level of one (1) foot candle shall be provided, with no
more than 10% of the spot readings below one (1) foot candle and none
below Y2 foot candle (Chapter 23, Article II.A.l.a). The site plan shows the
location of the light poles but no photometric plans were included within this
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I I
DEPARTMENTS INCLUDE REJECT
submittal. The photometric plan must demonstrate that lighting levels will be
adequate and not "spill" over onto adiacent properties.
75. The applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program and must demonstrate their participation. As of
today, nothing has been submitted to the City. The Art Information Form
must still be completed prior to approval to indicate the preliminary
construction valuation, and whether the developer will provide on-site art, or
opt to pay the fee-in-lieu of providing proiect art.
76. The double-trunk Montgomery palm trees do not provide enough canopy X
spread to function as an upper level buffer between the subject property and
the east property line. Staff recommends substituting them with a native
canopy tree.
77. Overhead wires are located approximately four (4) feet west of the entire X
property line along Federal Highway so the choice and quantity of landscape
material proposed within this landscape buffer is limited. However, staff
recommends incorporating additional small growing palm or canopy trees
into the west landscape buffer in order to further breakup the impact of a
three (3)-story building proposed five (5) feet from the west property line or
install the overhead power line underground so that there would be no
conflict with the landscaping.
78. The width of the east landscape buffer varies between five (5) feet and 10 X
feet. The narrower portion is proposed north of Lakeside Harbor Drive. Four
(4) "High Rise" Live Oak trees, spaced 20 feet on center are proposed within
the east landscape buffer, north of Lakeside Harbor Drive and east "Building
4". Staff recommends inserting a Dahoon Holly tree between each of these
"High Rise" Live Oak trees to lessen the impact of the three (3)-story building
which is proposed adiacent to the single-familv neighborhood.
79. 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 subiect project.
80. At the time of permitting, staff wants to ensure that the applicant has an X
explanation to or a formal agreement in place with the adjacent property
owners regarding the maintenance of the "outside" of the wall, since the wall
is proposed so close to the property lines. However, if the developer can
demonstrate to staff that location of the wall is such that it does not require
traversing an adjacent property in order to maintain the "outside" of the wall,
then no formal agreement will be required.
81. No buffer wall color(s) were indicated on the Perimeter Fence Detail. X
Therefore, staff recommends that the color of the masonry wall be compatible
with the color(s) proposed for the townhouse buildings.
82. Community Redevelopment Agency (CRA) staff recommends increasing the X
COA
04/12/06
12
DEPARTMENTS INCLUDE REJECT
size of the two (2) bougainvillea at both sides of the Federal Highway trellis
from eight (8) feet to 16 feet at time of installation.
83. Community Redevelopment Agency (CRA) staff recommends adding X
openings and architectural elements to north elevations of Units 1 and 5 and
south elevations of Units 4 and 8.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
84. All buildings shall have similar roof designs. X
85. Applicant agreed to reduce the height of the southern unit in building #5 to X
two (2) stories.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
85. To be determined.
MWR/elj
S:\Planning\SHAREDIWP\PROJECTSIHarbor Cay\NWSP 06-011\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Harbor Cay
APPLICANT'S AGENT: Mr. Richard K. Brooks Jr., AlA, NCARB I RKB Architects Planners, Inc.
APPLICANT: Harbor Cay, LLC
APPLICANT'S ADDRESS: 2633 Lantana Road, Suite 44 Lake Worth, Florida 33462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
May 2, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 23 fee-simple townhouse
units on a 1.429-acre parcel in the IPUD Infill Planned Unit Development
zoning district.
LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "Bn ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "Cn with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:IPlanningISHARED\WPIPROJECTS\Hatbor CayINWSP 06-011\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Attorney Spillias asked if any of the members had ex-parte communications on the item or any
of the public hearing items.
Ms. Horenburger declared she had met with Mr. Carney, Ms. Brooks and Ms. Bright to
determine whether the area would be appropriate.
There were no comments from the board or the general public.
Motion
Ms. Heavilin made a motion to approve the request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to Industrial (1). Vice Chair Norem
seconded the motion that unanimously carried.
Motion
A motion was made by Ms. Heavilin to approve the request to rezone from Community
Commercial (C-3) to Industrial (M-1). Mr. Myott seconded the motion that unanimously carried.
C. Harbor Cay
Land Use Amendment/Rezoning
1.
PROJECT:
Harbor Cay (LUAR 06-009)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) and Low
Density Residential (LDR) to Special High Density
Residential (SHDR); and
Request to rezoning from Community Commercial (C-3)
and Single-Family Residential (R-1-AA) to Infill Planned
Unit Development (IPUD)
Proposed use:
23 fee-simple townhouse units.
New Site Plan
2.
PROJECT:
Harbor Cay (LUAR 06-011)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
DESCRIPTION:
Request new site plan approval to construct 23 fee-simple
townhouse units, swimming pool and related site
improvements on a 1.429-acre parcel in the IPUD zoning
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
district.
Mr. Eric Johnson, City Planner, presented the request and recommended approval subject to all
the conditions of approval in Exhibit C. Mr. Johnson explained the applicant requested a waiver
to reduce the width of the right-of-way from 40' to 35'. Staff reviewed the waiver request and
agreed with it. In the CRA area, you need 24' of back-up distance behind a parking stall. He
noted on the plan, the parking area shows 23' so there were some areas that could not be
counted as parking areas. He emphasized that was a condition of approval. He also stressed
the adjacent property is vacant and will have a 10' setback, and the rear setback area should be
20'. He noted if the project is approved with anything less than 20' for the setback area, then as
a condition of approval, the building must be moved 20' or a variance applied for. The site plan
shows that area as 10' and a variance has not been applied for. Additionally, compatibility is an
issue. The project is a three-story town home with adjacent residential structures. Staff
initially made a recommendation to reduce the height of Building 5 from three-stories to two
stories. He explained building massing could be a compatibility issue. Consequently, the
applicant revised the plan. Staff reviewed the drainage plan and a more detailed plan would
occur at the permit stage. Staff recommended approval of the site plan subject to the applicant
meeting all the conditions of approval in Exhibit C.
Ms. Brooks reviewed the plan with the applicant and suggested the height of Building 5 on the
southern end of the property be dropped to two stories to be compatible with the adjacent
property having R-1A zoning. She recommended approval of the land use zoning change and
site plan with the conditions in Exhibit C. It was noted the comments in question were condition
numbers 64 and 65.
The applicant, Mr. Sid von Rospeunt , CEO of Groupo Tango, the parent company and owner of
the property, was present. He indicated when he purchased the property it was his intent to
improve the area. In reference to Building 5, he wanted to keep the appearance of the
community and could move the building back giving a 15' rear setback. He requested the City
Commission grant a compromise for the 15' setback area because it would not affect the overall
appearance of the community. He explained they planned too much parking. The City's
requirement was 46 parking spots with guest parking. Their plans showed over 60 parking
spaces and will remove the excess spaces when they file their permit application giving only 10
extra parking spaces. Some of the areas, such as Building 1, are missing one inch. On the
other eastern side of Building 5 there is 23' and they will work something out there. They will
meet the City's concerns and remove the parking from the site plan.
The height of Building 5 was discussed. The applicant decided to keep the roof as a flat roof.
The intention was to purchase more land in that area, in order to continue building. At that point
they would remove the height restriction. He explained Building 5 has two town houses, two
center and two corner units. He explained dropping the height to two stories would cause the
homes to become one bedroom, which are unsellable. He hoped that having a 15' compromise
would be acceptable. He requested the board recommend moving forward with the project and
becoming a good corporate citizen.
Mr. Myott had some concerns regarding the elevations of the dwellings in the back of the project
and thought they were completely unacceptable because the lack of the tile roof elements gave
the appearance the roof was taken off. He indicated he could support the project with the flat
roof buildings, but the elevation of Building 5 was unacceptable. Mr. Myott did not see a way to
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
resolve the issue by keeping Building 5 in the plan. He also had questions regarding the wall
and signage.
Ms. Heavilin expressed concern about a variance and the parking spaces being eliminated.
She expressed she thought the plan looked incomplete with the changes. She agreed with Mr.
Myott that Building 5 should be put in Phase II.
Ms. Horenburger asked if the CRA area had a Constrained Roadway at Lower Level of Service
(CRALLS) designation. Mr. Johnson explained they have a Traffic Concurrency Exception Area
(TCEA) in the CRA area. She concurred with the concerns raised by Mr. Myott and Ms.
Heavilin. It was noted to date there have been no variances granted for setbacks in the IPUD
areas. She requested clarification about reducing the width of the right-of- way on the internal
street on the south side to 23'. Ms. Horenburger expressed she would like to see as much
parking as possible and agreed the height needed to be adjusted for Building 5 or it should be
put in Phase II.
Mr. DeMarco asked if the developer agreed with all 83 conditions of approval. He responded
there are only about 80 conditions that are affected at the permitting stage. He indicated he
would address them and agree to them. He explained taking Building 5 out is a financial issue.
Mr. Johnson explained comments numbers 64 and 65 pertain to Building 5. He was concerned
about the 5' setback on US 1.
Vice Chair Norem indicated he thought it might be difficult to obtain a variance under the criteria.
He expressed he would like to see the developers come in and meet the requirements up front.
Mr. Von Rospeunt expressed there are certain times when exceptions need to be made. He
responded they can work on Building 5 and suggested perhaps they can design a different roof
for Building 5 because it will be a certain distance from the next property line back.
Chairman Tillman questioned how emergency service access would be affected by over
parking. He saw the project as in motion but not ready for the board.
Chairman Tillman opened the floor for public comments.
Ms. Bonnie Jones, a resident of Lakeside Harbor Drive indicated she would be impacted. Her
concern was regarding the parking. She indicated the property was never intended for 23 town
homes. When gates were installed at her community there was a turnaround easement issued
by the previous owner for the occupants of Lakeside Harbor Drive. After the hurricane, the gate
was slightly damaged but operational. After demolition of the property, the gate was totally
damaged. They approached Mr. von Rospeunt about moving the gate back. He indicated they
could not because they would not be compliant. She indicated the community paid $20,000 for
the gate. She requested clarification about the future of the property and she noted Phase II
was still conceptual. She had an issue how the project would look from the back. She indicated
she did not see drainage ponds and there was no storm water drainage. There was only the
pitch from Federal Highway to the Intracoastal Waterway for run-off and there is low-lying land
that will flood.
Chairman Tillman closed the floor for public comments.
13
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Attorney Spillias clarified his previous request regarding ex-parte communication pertained to all
items on the agenda. The board members responded they did not have any communications
regarding the agenda except as noted earlier by Ms. Horenburger.
Mr. Richard Brooks, the Architect for the project, was present. He indicated Lakeside Drive
bisects the property. He explained the project was designed to have a plaza in the center and
that is why the street passes through it. He explained it is very different than other areas and
the villa or older estate type of building was appealing. He took exception with the existing
zoning. He explained normally any project with a PUD connotation usually has flexibility. He
explained they have created a dense, but exciting project with many restrictions. He indicated
the entrance trellis was incorporated because Lakeview Harbor Drive tends to divide the
property. The trellis tends to pull it together.
There was a recommendation for approval subject to all the comments.
The developer indicated they would work on Building 5 when they get to the permitting stage.
They would temporarily take the corner unit to the south to a two-story unit and create a roofline.
Ms. Horenburger asked about the setbacks and a variance.
Attorney Spillias clarified the request can be approved subject to approval of a variance. If the
variance were not approved, the site plan would be invalid. It was noted the Land Use
Amendment could not be approved without the site plan.
Mr. Johnson read Site Plan Condition 65 for the record: The City is not obligated to
automatically approve the level of development intensity request 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 (Chapter 2, Section 5.L.1.c.). Therefore, staff strongly
recommends limiting Building 5 to two-stories rather than three-stories, eliminating the eastern
portion of the third story of Building 5, or increasing the width of the east landscape buffer so
that the setback of Building 5 is equivalent to Building 3, Units 16 through 19.
Motion
Ms. Horenburger moved for approval of staff comments.
Mr. Johnson explained the applicant is required to submit a drainage plan which is preliminary.
The review showed a legal positive outfall. A more detailed review is always conducted at the
time of permitting. Staff had no comments regarding the gate. There was no plan by the
applicant to relocate the gate anywhere on site, and relocation off-site would have to be
reviewed by staff.
Laurinda Logan, Sr. Engineer conducted a preliminary review and indicated the applicants
addressed Engineering's concern. There was one condition of approval, noted as Comment 11
regarding the neighborhood's concerns with drainage and the additional ground elevation
information so they can evaluate historic flows. This could be done during the permitting stage.
She was approached about relocating the gate and the ability to make turnarounds. The
homeowners need to work with the developer regarding a cross-access agreement for turn-
around movements.
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Mr. Myott thought a comment should be added that all buildings have like roof designs.
Mr. Mike Rumpf, Planning and Zoning Director, explained the roof was modified on Building 5
to minimize the height, which allowed the applicant to have smaller setback requirements. He
elaborated Comment 64 had been addressed by both the board and the applicant.
Comment 65 recommends the eastern half of Building 5 be reduced to two stories. He noted
Comment 65 is not a new comment by staff. The same comment was used on the Sea view
project, which influenced them to provide patios on the upper units. He explained they
are meeting the minimum requirements of the IPUD. Staff is recommending above and beyond
the Code to increase compatibility.
Motion
Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial (LRC) and Low Density Residential (LDR) to Special High
Density Residential (SHDR) subject to all staff comments. Ms. Horenburger seconded the
motion that unanimously carried.
Motion
Mr. Myott moved to approve the request to rezone from Community Commercial (C-3) and
Single-Family Residential (R-1-AA) to Infill Planned Unit Development (IPUD) subject to all staff
comments. Ms. Heavilin seconded the motion that unanimously carried.
Motion
Mr. Myott moved to approve the request for new site plan approval to construct 23 fee-simple
townhouse units, swimming pool and related site improvements on a 1.429-acre parcel in the
IPUD zoning district subject to all staff comments and the additional comment that all buildings
shall have a similar roof design. Ms. Heavilin seconded the motion that unanimously carried.
D. Seacrest Boulevard
Land Use AmendmenURezoning
1.
PROJECT:
Seacrest Low Density Residential (LUAR 06-014)
OWNER:
City Initiated
LOCATION:
West Side of Seacrest Boulevard from NW 3rd Avenue to
north of NW 6th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Low
Density Residential (LDR); and
Request to rezone from C-2 Neighborhood Commercial to
R-1 Single Family Residential
Proposed use:
No change proposed.
15
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM D.
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May] 5,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing, to be removed publicly from the agenda. The applicant requested that this item be removed from the Community
Redevelopment Agency Board agenda on April II, 2006, for further plan review and the ultimate and timely re-advertising.
EXPLANA TlON:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hemingway Square (LUAR 06-006)
Garcia Stromberg Architecture, Inc.
Robert Vitale
23 I 9 South Federal Highway, NW comer of SE 23rd A venue and Federal Highway
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR); and
Request to rezone from Community Commercial (C-3) and Neighborhood Commercial
(C-2) to InfiII Planned Unit Development (PUD).
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TlVES:
~~mre
Develo ent Dep
~ - ...<. rI1.1!Z..
./ Planning and Zoning ~ector City Attorney / Finance / Human Resources
S:\PlanningISHARED\WP\PROJECTS\Herningway Square\LUAR\Agenda Item Request Hemingway Square LUAR 06-006 5-2-D6.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
VI. Public Hearing:
Old Business
None
New Business
Attorney Spillias put all individuals who would be testifying under oath and explained the
procedure.
A. Hemmingway Square
Land Use Amendment/Rezoning
1.
PROJECT:
Hemingway Square (LUAR)
AGENT:
Garcia Stromberg Architecture, Inc.
OWNER:
Robert Vitale
LOCATION:
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Special
High Density Residential (SHDR); and Request to rezone
from Community Commercial (C-3) and Neighborhood
Commercial (C-2) to Infill Planned Unit Development
(PUD)
This item was postponed to no date certain.
New Site Plan
2.
PROJECT:
Hemingway Square (NWSP 06-007)
AGENT:
Garcia Stromberg Architecture, Inc.
OWNER:
Robert Vitale
LOCATION:
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request for New Site Plan approval for the construction of
21 town homes, and recreational amenities and related site
improvements on 1.285 acres zoned IPUD.
9
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
VIII.-PUBLIC HEARING
ITEM D. ,
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City C]erk' s Office
0 April 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006 May ]5,2006 (Noon)
0 April] 8,2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
I:8J May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16,2006 May],2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM I:8J Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation ,
----
0 City Manager's Report -'1
'-,
~'-';';oo
, i
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda undel:l;'ublic
Hearing, to be removed publicly from the agenda. The applicant requested that this item be removed from the C~iiununit):_
Redevelopment Agency Board agenda on April II, 2006, for further plan review and the ultimate and timely re-~vertisl~.
r,c,)
"L. l
r-'C::"J
-=j ~~~l
~ (::)
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hemingway Square (HTEX 06-006)
Garcia Stromberg Architecture, Inc.
Robert Vitale
2319 South Federal Highway, NW comer ofSE 23rd Avenue and Federal Highway
Request for height exception of four (4) feet to allow chimneys to exceed the maximum
building height of 45 feet, for a total of 49 feet.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TIVES:
~
City Manager's Signature
Developme Depa ent Director
~ A. Mtt...
./ Planning and Zonin~irector City Attorney / Finance / Human Resources
S:\PlanningISHARED\WP\PROJECTS\Hemingway Square\HTEX\Agenda Item Request Hemingway Square HTEX 06-006 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
~
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
This item was postponed to no date certain.
Heiqht Exception
3.
PROJECT:
Hemingway Square (HTEX 06-006)
AGENT:
Garcia Vitale
LOCATION:
2319 South Federal Highway, NW Corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request for height exception of four (4) I to allow chimneys
to exceed the maximum building height of 34 I, for a total of
49'.
This item was postponed to no date certain.
Motion
A motion was made by Ms. Horenburger, seconded by Vice Chair Norem to table the items. A
vote was taken and the motion unanimously carried.
B. Hathaway Park Industrial Zone
Land Use Amendment/Rezoning
1.
PROJECT:
Hathaway Park Industrial Zone (LUAR 06-007)
AGENT:
Thomas F. Carney, Jr., Esq., The Carney Legal Group,
P.A.
OWNER:
Robert Richardson, Jr., and Mark C. Daly
LOCATION:
East Side of Florida East Coast Railroad right-of Way,
north and south of SE 10th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Industrial
(1); and
Request to rezone from Community Commercial (C-3) to
Industrial (M-1).
Hanna Matras, Economic Development Planner presented the request and recommended
approval.
Ms. Vivian Brooks, CRA Planner supported the request.
Attorney Thomas Carney appeared on behalf of the property owners.
10
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VIII.-PUBLIC HEARING
ITEM D. :l-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18,2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April 17 ,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May I, 2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing 0 Legal
0 Bids D Unfinished Business
0 Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing, to be removed publicly from the agenda. The applicant requested that this item be removed from the Community
Redevelopment Agency Board agenda on April 11, 2006, for further plan review and the ultimate and timely re-advertising.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hemingway Square (NWSP 06-007)
Garcia Stromberg Architecture, Inc.
Robert Vitale
2319 South Federal Highway, NW comer of SE 23rd A venue and Federal Highway
Request for New Site Plan approval for the construction of 21 townhomes, and
recreational amenities and related site improvements on 1.285 acres zoned IPUD.
Development e'
~
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
~ - ~1tYL
./ Planning and Zoning Direc~r City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Hemingway Square\NWSP\Agenda Item Request Hemingway Square NWSP 06-007 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Fl
April 11, 2006
VI. Public Hearing:
Old Business
None
New Business
Attorney Spillias put all individuals who would be testifying under oath and explained the
procedure.
A. Hemmingway Square
Land Use AmendmenURezoning
1.
PROJECT:
Hemingway Square (LUAR)
AGENT:
Garcia Stromberg Architecture, Inc.
OWNER:
Robert Vitale
LOCATION:
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Special
High Density Residential (SHDR); and Request to rezone
from Community Commercial (C-3) and Neighborhood
Commercial (C-2) to Infill Planned Unit Development
(PUD)
This item was postponed to no date certain.
New Site Plan
2.
PROJECT:
Hemingway Square (NWSP 06-007)
AGENT:
Garcia Stromberg Architecture, Inc.
OWNER:
Robert Vitale
LOCATION:
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request for New Site Plan approval for the construction of
21 town homes, and recreational amenities and related site
improvements on 1.285 acres zoned IPUD.
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
This item was postponed to no date certain.
Heiqht Exception
3.
PROJECT:
Hemingway Square (HTEX 06-006)
AGENT:
Garcia Vitale
LOCATION:
2319 South Federal Highway, NW Corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request for height exception of four (4) , to allow chimneys
to exceed the maximum building height of 34 " for a total of
49'.
This item was postponed to no date certain.
Motion
A motion was made by Ms. Horenburger, seconded by Vice Chair Norem to table the items. A
vote was taken and the motion unanimously carried.
B. Hathaway Park Industrial Zone
Land Use Amendment/Rezoning
1. PROJECT:
Hathaway Park Industrial Zone (LUAR 06-007)
AGENT:
Thomas F. Carney, Jr., Esq., The Carney Legal Group,
P.A.
OWNER:
Robert Richardson, Jr., and Mark C. Daly
LOCATION:
East Side of Florida East Coast Railroad right-of Way,
north and south of SE 10th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Industrial
(1); and
Request to rezone from Community Commercial (C-3) to
Industrial (M-1).
Hanna Matras, Economic Development Planner presented the request and recommended
approval.
Ms. Vivian Brooks, CRA Planner supported the request.
Attorney Thomas Carney appeared on behalf of the property owners.
10
VIII.-PUBLIC HEARING
ITEM E.
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 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
,
--
'L"" ,
D 0 June 5, 2006 (Noon) :_.'; .' ---;
April 18, 2006 April 3, 2006 (Noon) June 20, 2006 , -'''.
"-<8
~ May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon) ;"')
D D r'0
May 16, 2006 May 1,2006 (Noon) July 18, 2006 July 3, 2006 (Noon)
-;,
r-....) =~~;
D Administrative D Development Plans ..
;.~) '":---.
NATURE OF 0 Consent Agenda D New Business 'Ole:,
AGENDA ITEM ~ Public Hearing ~ Legal
D Bids D Unfinished Business
D Announcement D Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that the subject
request be approved on April II, 2006. For further details pertaining to the request, see attached Department Memorandum
No. 06-068.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hathaway Park Industrial Zone (LUAR 06-007)
Thomas F. Carney, Jr. Esq., The Carney Legal Group, P.A.
Robert Richardson, Jr. and Mark C. Daly
East side of Florida East Coast Railroad right-of-way, north and south ofSE lOth Avenue
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Industrial (1); and
Request to rezone from Community Commercial (C-3) to Industrial (M-I).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Dovelopj! ep en! D;,ecto, City Mm'ge,', S;gnatme
LIJ7 t/ ~r-
, Planning andl'tnmg Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Hathaway Park LUAR\Agenda Item Request Hathaway Park LUAR 06-007 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
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 AP ARCEL
7 OWNED BY ROBERT RICHARDSON, JR., AND MARK
8 C. DALY, AND LOCATED ON THE EAST SIDE OF
9 FLORIDA EAST COAST RAILROAD RIGHT-OF-\V A Y,
10 NORTH AND SOUTH OF SOUTHEAST 1 OTH AVENUE;
11 CHANGING THE LAND USE DESIGNATION FROM
12 LOCAL RETAIL COMMERCIAL (LRC) TO
13 INDUSTRIAL (I); PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission ofthe City of BO)'l1ton Beach, Florida has adopted
1 7 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
30 herein by this reference.
S:\CA\Ordinances\planning\Land Use\Hathaway Park 06-007 doc
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 Florida East Coast railroad right-of-way, North and South of Southeast lOth A venue, in
5 Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now
6 be designated as Industrial (I):
7
8 South ~ lot 13 and lots 14 thru 20 together with the abandoned right-
9 of-way- of East Railroad Avenue adjacent to the south ~ lot 13, Lot
10 14, lot 15 and lot 16, Block "E" and Lot 1, Block "G", Hathaway
11 Park, a subdivision as recorded in Plat Book 13, Page 17 in the Public
12 Records of Palm Beach County, Florida.
13
14 Containing: 1.07 acres more or less.
15
16 Subject to easements, restrictions, reservation and rights of way of record.
17
18
19 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
20 Future Land Use Plan shall be amended accordingly.
21 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
22 Section 5: Should any section or provision ofthis Ordinance or any portion thereofbe
23 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
24 remainder of this Ordinance.
25 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
26 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
27 Land Development Regulation Act. No party shall be vested of any right by virtue of the
28 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
29 including appeals, are exhausted. In the event that the effective date is established by state law or
S:\CA\Ordinances\Planning\Land Use\Hathaway Park 06-007.doc
1 special act, the provisions of state act shall control.
2
FIRST READING this _ day of _
,2006.
3
SECOND, FINAL READING and PASSAGE this __ day of__
,2006.
4
CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S,\CA\Ordinances\Planning\Land Use\Hathaway Park 06 007.doc
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF ROBERT RICHARDSON, JR.,
6 AND MARK C. DALY, AMENDING ORDINANCE
7 02-013 TO REZONE A PARCEL OF LAND
8 LOCATED ON THE EAST SIDE OF FLORIDA
9 EAST COAST RAILROAD RIGHT-OF-WAY,
10 NORTH AND SOUTH OF SOUTHEAST 10TH
11 AVENUE, AS MORE FULLY DESCRIBED
12 HEREIN, FROM COMMUNITY COMMERCIAL
13 (C-3) TO INDUSTRIAL (M-l); 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;
1 9 and
20 WHEREAS, Robert Richardson, Jr., and Mark C. Daly, owners of the property
21 located on the East side of Florida East Coast railroad right-of-way, North and South of
22 Southeast loth A venue in Boynton Beach, Florida, as more particularly described herein, has
23 filed a Petition, through its agent, Thomas F. Carney, Jr., of The Carney Legal Group,
24 pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
25 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly
26 described hereinafter, from Community Commercial (C-3) to Industrial (M-I); 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
29 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Hathaway Park Ind.doc
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:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7
8 herein by this reference.
9
Section 2.
The following described land located on the East side of Florida East
10 Coast railroad right-of-way, North and South of Southeast lOth A venue in the City of
11 Boynton Beach, Florida, as set forth as follows:
12
13 South ~ lot 13 and lots 14 thru 20 together with the
14 abandoned right-of-way- of East Railroad Avenue adjacent
15 to the south Yzlot 13, Lot 14, lot 15 and lot 16, Block "E"
16 and Lot 1, Block "G", Hathaway Park, a subdivision as
1 7 recorded in Plat Book 13, Page 17 in the Public Records of
18 Palm Beach County, Florida.
19
2 0 Containing: 1.07 acres more or less.
21
2 2 Subject to easements, restrictions, reservations and rights-of-way
2 3 of record.
24
2 5 be and the same is hereby rezoned from Community Commercial (C-3) to Industrial (M-l). A
26 location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
27 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
28 accordingly.
29
Section 4. All ordinances or parts of ordinances In conflict herewith are hereby
S:\CA IOrdinanceslPlanninglRezoninglRezoning - I lathaway Park Ind.doc
1 repealed.
2 Section 5. Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
4 remainder of this Ordinance.
5 Section 6. This ordinance shall become effective immediately upon passage.
6
FIRST READING this _ day of
,2006.
7
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ATTEST:
24
25
26 City Clerk
27
28 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:ICA 10rdinancesIPlanninglRezoningIRezoning - Hathaway Park Ind.doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 06-068
STAFF REPORT
Chair and Members
Planning and Development Board
Hanna Matras ~
Planner l/
Michael W. Rumpf W. .
Director of Planning and Zoning
March 27, 2006
Hathaway Park
LUAR 06-007
To amend the Future Land Use designation from Local Retail
Commercial to Industrial and rezone from C-3 (Community
Commercial) to M-l (Industrial).
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Robert Richardson, Jr. and Mark C. Daly
Robert Richardson, Jr. and Mark C. DalyjThomas F. Carney, Jr.,
The Carney Legal Group
East side of Florida East Coast railroad right-of-way, north and
south of SE 10th Avenue (Exhibit "A")
i:1.07 acres
Local Retail Commercial
C-3 (Community Commercial)
Industrial
M-l (Industrial)
No new uses proposed at this time.
File Number: LUAR 06-007
Hathaway Park
Adjacent Uses:
North:
Developed property, designated LRC (Local Retail
Commercial) and zoned C-3 (Community Commercial)
South:
Developed property, designated LRC (Local Retail
Commercial) and zoned C-3 (Community Commercial)
East:
Developed properties, designated MeDR (Medium Density
Residential) and zoned R-2 (Duplex)
West:
The right-of-way for Florida East Coast railroad; further west,
developed properties designated I (industrial) and zoned M-l
(Industrial). The unimproved segment of the East Railroad
Avenue right-of-way extends immediately west of two parcels
included in the subject property and located north of SE 10th
Avenue.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. It is consistent with the intent of the comprehensive plan and with the
recommendations of the M-l study in that it adds to the supply of the industrial land
that has been severely depleted in recent years.
2. It reduces the nonconformity with zoning regulations for most parcels comprising the
subject property, therefore reducing or removing an impediment to possible
improvement of the property.
3. It constitutes a potential reduction in demand on public infrastructure and services.
4. The issue of the compatibility with the adjacent residential uses will be addressed as
per recommendations of the M-l study.
5. The application meets review criteria as required by the Land Development
Regulations.
BACKGROUND
In April of 2005 the city adopted a resolution authorizing issuance of a "Notice of Intent" to
create a temporary moratorium allowing staff to review and revise zoning regulations for
properties in M-l zoning districts. A consultant was subsequently hired and recently completed
the analysis of the M-l zoning district for the city. The study noted the potential negative effects
of the continuous overall decline in the amount of industrial land in Boynton Beach and found
2
File Number: LUAR 06-007
Hathaway Park
the current M-l regulations unaccommodating to the changing market trends and lacking the
ability to mitigate impacts of M-l zoned areas on adjacent rights-of-way or residential properties.
The recommendations of the study included the following:
· Preserve existing industrial zoning;
· Expand potential for additional industrial types of uses, including changing land use and
zoning to industrial type of use on residential property, contiguous to FEC and other
industrial land; and
· Address compatibility issues, including making industrial edges compatible with
residential uses, and enhancing them where adjacent to arterial roadways.
The current extension of the "Notice of Intent" will expire on April 19, 2006.
PROJECT ANALYSIS
The subject property totals i:1.07 acres. Because of the size of the property, 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 and regional plans prior to
adoption.
The property consists of five (5) parcels. Two (2) of the parcels are currently vacant, one (1) is
developed with a duplex and two (2) with small warehouse buildings (duplex and warehouse
uses are both nonconforming under the existing zoning district). Since the request is limited to
the land use amendment and rezoning and no development activity or new uses are proposed
at this time, the application can be processed irrespectively of the fact that the "Notice of
Intent" for M-l industrial zoning districts remains in effect.
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 requirement 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. 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.
There are two main Comprehensive Plan policies concerned specifically with the amount of
industrial land within the city. The two reflect the history of the choices that the city had been
making within the last 6 years regarding its industrial land inventory. These are as follows:
3
File Number: LUAR 06-007
Hathaway Park
Policy 1.17.1
The City shall continue to discourage additional commercial and industrial uses
beyond those which are currently shown on the Future Land Use Map, except
where access is greatest and impacts on residential land uses are least.; and
Policy 1.19.2
The City shall provide continued effort to allow for industrial acreage;
however, that land designated ''Industrial'' on the currently adopted Future
Land Use Map may be converted to commercial or residential designations if
the conversion (i) would generate a range of employment choices for current
and future residents, provide goods and services of regional importance, or
would provide opportunities for the City to meet its long-range housing
goals; and (ii) is based upon adequate data including market analysis.
Policy 1.17.1 stems from the general objective of preventing and minimizing land use conflicts,
but its foundation is the commercial and industrial employment demand analysis performed in
1989, which determined how much of the commercial and industrial land the city needed. Policy
1.19.2 was amended in 2002; prior to this amendment the language included a reference to
aforementioned analysis and effectively prohibited conversions to residential uses. The
amendment was approved to facilitate several such conversions that started in 2000 with an
approval of a residential development in the Quantum Industrial Park. Since then, some 135
acres have lost their industrial designation, not including Quantum, which retained the
designation although a large percentage of its acreage has been converted to uses other than
industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach and
most of its other municipalities. This trend's negative impact on the local economies in terms of
future jobs, availability of services and tax bases has been recognized by the county's
Intergovernmental Plan Amendment Review Committee (IPARC). In 2005, IPARC issued a
report on the subject, concluding that additional study is needed specifically for Palm Beach.
Given the significant loss of the industrial land and the irrelevance of the 1989 market study,
the inconsistency of the subject request with policy 1.17.1 must be disregarded. The request is
clearly consistent with the recommendations of the M-l study described in the "Background"
section of this report. Furthermore, there are not many areas within the city where industrial
land use designation may be introduced or expanded. The location of the property along the
FEC is a significant consideration as are the already established industrial uses. The
recommended amendments to the current M-l regulations are intended to. address the impacts
on surrounding residential neighborhoods.
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.
Existing warehouse structures (as well as homes within the adjoining R-2 district) were built in
the 1970's, and therefore are a part of the established land use pattern. In fact, a 1975 zoning
map shows that a part of the subject property was previously zoned industrial. Most of the
other M-l districts are located along the FEC tracks (including one west of the property, across
from the FEC right-of-way) in what clearly is an "established la.nd use pattern". Thus, the
proposed rezoning would not constitute a grant of special privilege to the property owner. It
4
File Number: LUAR 06-007
Hathaway Park
may also be argued that its relatedness to the adjacent land uses, albeit limited, is established
by the provision of jobs and services. The compatibility issue is addressed in item (e) below.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Although the residential markets have recently weakened, the industrial market in Palm Beach
County is very strong. A CB Richard Ellis report for the last quarter of 2005 indicates that condo
warehouses with minimal office space and ranging is sizes from 1,600 square feet to 8,000
square feet are the county's "hottest sector". The scarcity of land will keep industrial markets
strong for the foreseeable future. Moreover, nonconformity of a warehouse use in the C-3
zoning district is an impediment to redevelopment activity in the area. Finally, given the
location, industrial may be the highest and best use for the subject property.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
A comparison of the traffic impact analysis between the current commercial and the proposed
industrial land use designations shows the proposed rezoning to generate 490 fewer daily trips,
4 additional AM peak hour trips, and 82 fewer trips during the PM peak hour.
The code requires comparison of water demand and sewage flows generated under the existing
and proposed zoning for parcels larger than 1 acre. However, since (1) the subject property, at
1.07 acres, is only slightly larger, and one of the parcels is separate from the remaining
property, and (2) the rezoning would generally constitute a reduction in water and sewer
demand, except for manufacturing plants that could not be accommodated by the size and
location of the subject property, the full demand comparison has not been performed. The
current demand for water and sewer flows has been estimated at 1,145 gallons per day and is
not changing at this time. The Utility Department staff has advised that the sufficient potable
water and sewer capacity exists to serve the property at the proposed zoning.
According to the Fire Department, there are no capacity issues in meeting the demand for fire
and rescue services generated by uses permitted under the proposed zoning. Likewise, the
Police Department staff indicated that the capacity exists to provide adequate service to all uses
allowed under the proposed zoning.
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 industrial zoning district would be contiguous to the R-2 (Duplex) residential
zoning district (with the exception of the southernmost parcel, which fronts on SE 2nd Street).
There are compatibility issues when industrial uses abut residential neighborhoods. Most M-l
districts in the city are in fact adjacent to and impact residential areas. As underscored in the M-
1 study, light industrial and residential uses can coexist with proper regulations in place. The
code amendments will implement the study recommendations by addressing such issues as
incompatible uses or adequate separation, screening and buffering, and traffic impacts. The
latter are of a particular concern; in most cases (as in the case of the subject property), the
access routes cannot separate residential and industrial traffic. However, it can still be argued
that, given the location and the physical attributes of the property (small isolated parcels), the
M-l district is the best transitional use to apply between the FEC right-of-way and residential
5
File Number: LUAR 06-007
Hathaway Park
neighborhoods. The C-4 General Commercial District, which allows some of the uses that could
be considered as transitional for the subject location, is nevertheless defined in the code as a
group of "highway uses" that will be located along "major trafficways", and, consequently,
allows also a number of uses (such as, for example, automotive sales) that would clearly be
unsuitable for the property in question.
Existing warehouse structures as well as homes within the R-2 district were built in the 1970's.
The proposed rezoning would allow for other comparable uses and the code amendments will
address mitigation of negative impacts on adjacent residential neighborhoods. The amendments
could eliminate or restrict certain nuisance uses, and address separation, buffering and traffic
impact. It is unlikely that the rezoning would presently affect the property values in the
adjacent residential neighborhood, but it may affect the course of future redevelopment in the
area.
f. Whether the property is physically and economically developable under the existing
zoning.
The purpose statement of the C-3 Zoning District describes it as encouraging "intensive retail
commercial facilities" and being located "adjacent to at least one major thoroughfare". Given
the location and poor accessibility, the subject property is clearly not a good choice for uses
allowed under the said district.
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.
Although the scale of the proposed rezoning is small, it is reasonably related to the needs of the
city as a whole, and, arguably, to the needs of the neighborhood. As elucidated in item (a),
there is a shortage of land for industrial and marginal commercial uses, which are important to
the economic fabric of the city by providing valuable services and employment opportunities. In
particular, a shortage of industrial sites suitable for small businesses has been a concern for
some time. Not only is there little vacant land zoned M-l, but the areas with C-4 zoning,
which allows marginal commercial uses, are also scarce.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There is a scarcity of industrial land in the city. Moreover, the rezoning will apply to two existing
industrial uses which are nonconforming under the existing zoning district.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the comprehensive plan and
with recommendations of the M-l Zoning District study; it reduces the nonconformity with
zoning regulations for most parcels comprising the subject property, therefore reducing or
removing an impediment to possible improvement of the property; and it constitutes a potential
reduction of demand on public infrastructure and services. The compatibility issues should be
addressed as per recommendations of the M-l Zoning District study. If the Planning and
Development Board recommends or the City Commission requires conditions, they will be
included within Exhibit "B".
6
SE 9TH AVE
(f)
HATHAWAY PARK
LUAR 06-007
SE 10TH AVE
EXHIBIT "A"
t-
V!
Cl
II::
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V!
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012.525 50 75 100 i
_ Feet ^
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
This item was postponed to no date certain.
Heioht Exception
3.
PROJECT:
Hemingway Square (HTEX 06-006)
AGENT:
Garcia Vitale
LOCATION:
2319 South Federal Highway, NW Corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request for height exception of four (4) , to allow chimneys
to exceed the maximum building height of 34 " for a total of
49 '.
This item was postponed to no date certain.
Motion
A motion was made by Ms. Horenburger, seconded by Vice Chair Norem to table the items. A
vote was taken and the motion unanimously carried.
B. Hathaway Park Industrial Zone
Land Use Amendment/Rezoning
1.
PROJECT:
Hathaway Park Industrial Zone (LUAR 06-007)
AGENT:
Thomas F. Carney, Jr., Esq., The Carney Legal Group,
P.A.
OWNER:
Robert Richardson, Jr., and Mark C. Daly
LOCATION:
East Side of Florida East Coast Railroad right-of Way,
north and south of SE 10th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Industrial
(1); and
Request to rezone from Community Commercial (C-3) to
Industrial (M-1).
Hanna Matras, Economic Development Planner presented the request and recommended
approval.
Ms. Vivian Brooks, CRA Planner supported the request.
Attorney Thomas Carney appeared on behalf of the property owners.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Attorney Spillias asked if any of the members had ex-parte communications on the item or any
of the public hearing items.
Ms. Horenburger declared she had met with Mr. Carney, Ms. Brooks and Ms. Bright to
determine whether the area would be appropriate.
There were no comments from the board or the general public.
Motion
Ms. Heavilin made a motion to approve the request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to Industrial (I). Vice Chair Norem
seconded the motion that unanimously carried.
Motion
A motion was made by Ms. Heavilin to approve the request to rezone from Community
Commercial (C-3) to Industrial (M-1). Mr. Myott seconded the motion that unanimously carried.
C. Harbor Cay
Land Use Amendment/Rezoning
1.
PROJECT:
Harbor Cay (LUAR 06-009)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) and Low
Density Residential (LDR) to Special High Density
Residential (SHDR); and
Request to rezoning from Community Commercial (C-3)
and Single-Family Residential (R-1-AA) to Infill Planned
Unit Development (IPUD)
Proposed use:
23 fee-simple townhouse units.
New Site Plan
2.
PROJECT:
Harbor Cay (LUAR 06-011)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
DESCRIPTION:
Request new site plan approval to construct 23 fee-simple
townhouse units, swimming pool and related site
improvements on a 1.429-acre parcel in the IPUD zoning
11
VIII.-PUBLIC HEARING
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 0 ' J
April 18, 2006 April 3,2006 (Noon) June 20, 2006 June 5, 2006 (Noon) .----~ ---f
L--: _--<-'
"1 -..
[gI 0 -
May 2, 2006 April 17,2006 (Noon) July 5,2006 June 19,2006 (Noon) '.
I-'j
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) P'J ;~~:)
:::_~
0 Administrative 0 Development Plans r~..~)
0 ,,-
NATURE OF 0 Consent Agenda New Business ,"V -.
'--'"-' -,::' ::~>
'C)
AGENDA ITEM [gI Public Hearing [gI Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Connnunity Redevelopment Agency Board, reconnnended that the
subject request be approved on April 11, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-066.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Monnin Alley NE 3rd Street (ABAN 06-006)
Mary Ann Monnin
N/A
Alley located between NE 5th and NE 6th Avenues, extending approximately 150 feet west
from NE 3rd Street
Request to abandon a portion of an unimproved alley located between NE 5th and NE 6th
Avenues, extending approximately 150 feet west from NE 3rd Street.
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Dovelopment ~l
A-u1- 1/
Planning and Zo~ector CIty Attorney / Fmance / Human Resources
S:IPlanning\SHAREDlWPIPROJECTSINE 3rd Street ABAN.Monnin AlleylAgenda Item Request Mary Ann Monnin NE 3rd ABAN 06-006 5-2-06.dot
~
City Manager's Signature
~ -
'"c
S:\BULLETfN\FORMSIAGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A PORTION OF AN UNIMPROVED ALLEY
6 LOCATED BET\VEEN NORTHEAST 5TH AVENUE
7 AND NORTHEAST 6rt1 A VENUE EXTENDING
8 APPROXIMATELY 150 FEET WEST FROM
9 NORTHEAST 3RD STREET, SUBJECT TO STAFF
10 COMMENTS; AUTHORIZING THE CITY MANAGER
11 TO EXECUTE A DISCI-,AIMER, WHICH SHALL BE
12 RECORDED WITH THIS ORDINANCE IN THE
13 PUBLIC RECORDS O"F PALM BEACH COUNTY,
14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, Mary Ann Monnin, is requesting the abandonment of a portion of the 10
18 foot alley located between Northeast 5th Avenue and Northeast 6th Avenue, extending
19 approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots 68, 69 and 72-75, all
20 in the Plat of Arden Park, subject to staff comments; and
21
22 WHEREAS, comments have becn solicited from the appropriate City Departments, and
23 public hearings have been held bcforc the City's Community Redevelopment Agency, and the
24 City Commission on the proposed abandonment; and
25
26 WHEREAS, staff has determined that the subject right-of-way no longer serves a public
27 purpose as a right-of-way and with the conversion to a 10 foot wide utility easement, it will
28 adequately serve the utility providers and therefore recommends approval subject to staff
29 comments.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
33
34 Section 1. The foregoing Whereas clauses are true and correct and incorporated
35 herein by this reference.
36
37 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
38 abandon a portion of the 10 foot alley located between Northeast 5th Avenue and Northeast 6th
39 Avenue, extending approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots
40 68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more particularly
41 described as follows:
42
43 That portion of a platted 10 foot wide alley shown on the Plat of Arden
44 Park, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the
45 Public Records of Palm Beach County, Florida. Being bounded on the
S:\CA \Ordlna nces \Abandonments \Monmn _ doc
1
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40
North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line oflots 68, 69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the east by the West Right-
Of-Way line ofNE 3rd Street
A location map is attached hereto as Exhibit HA."
Section 3. 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 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this _ day of
,2006.
2006.
SECOND, FINAL READING AND PASSAGE THIS _day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
C ommi ssi oner
ATTEST:
Commissioner
City Clerk
S:\CA \Ord1nances\Abandonments\Monnjn .doc
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Monnin Alley Abandonment Exhibit A !(~ 'I'L'
~. -ff
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 10 foot alley located between Northeast 5th A venue and Northeast 6th
Avenue, extending approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots
68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more
particularly described as follows:
That portion of a platted 10 foot wide alley shown on the Plat of Arden
Park, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the
Public Records of Palm Beach County, Florida. Being bounded on the
North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line of lots 68, 69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the east by the West Right-
Of-Way line ofNE 3rd Street
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.
A TTEST: 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.
S:\CA \Ordjnances\Abandonments\Monnin .doc
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 \Ordinances\Abandonments\Monnjn .doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-066
.0:
Chair and Members
Community Redevelopment Agency Board
Michael w. Rum~(0
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
April 3, 2006
SUBJECT:
Abandonment of a portion of the 10-foot alley located between NE 5th and NE 6th Avenues,
west of NE 3rd Street, lying adjacent to Lots 68,69, and 72-75, all in the plat of Arden Park.
(ABAN 06-006)
NATURE OF REQUEST
The applicant, Mary Ann Monnin is requesting to abandon a portion of the unimproved 1 O-foot wide alley located
between NE 5th and NE 6th Avenues, west of NE 3rd Street, lying adjacent to Lots 68, 69, and 72-75, all in the plat of
Arden Park. This request to abandon a public alley was submitted on February 1, 2006. This abandonment is for
the following platted alley segment:
That portion of a platted 10.00 foot wide alley shown on the plat of Arden Park, according to the plat
thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida.
Being bounded by the south line of lots 73, 74, 74A, and 75 and on the south by the north line oflots
68, 69 and 72, on the west by the west limits of said plat of Arden Park and on the east by the west
right-of-way line of NE 3rd Street.
The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The
attached Exhibit "B" - "Proposed Abandonmenf' shows the location of the subject property and includes the location
of the alley to be abandoned and its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North -
Developed commercial properties (Paper Roll Products and J&S Automotive) zoned General
Commercial (C-4);
South -
A vacant commercial parcel and a developed commercial parcel (Novo Arbor), both zoned
General Commercial (C-4);
Right-of-way for NE 3rd Street and father east is developed commercial properties zoned
General Commercial (C-4); and
East
West -
Developed residential properties zoned Duplex (R-2).
Page 2
Memorandum No. PZ 06-066
ABAN 06-006
BACKGROUND
In April of 1913, the Plat of Arden Park was approved. It included several 10-foot wide alleys dedicated to the
perpetual use by the public. As indicated on the survey, the segment of the alley to be vacated measures
approximately 150 linear feet, extending west from NE 3rd Street, by 10 feet in width. The unimproved alley
terminates at the rear of parcels fronting on NE 2nd Street, with no connection to another alley or street. The
applicant desires to have the unimproved alley abandoned because it is not being utilized as a right-of-way by any
of the abutting businesses, it is not maintained and there are existing encroachments of private property into the
alley that could be resolved through the abandonment. All of the businesses abutting this unimproved alley have
access to their property through a platted street, either NE 5th Avenue or NE 6th Avenue. Additionally, the applicant
would like to develop her vacant parcel abutting the unimproved alley and the abandonment would help facilitate
that effort, relative to setbacks. Existing utilities located within the alley include Florida Power and Light, Bell South
and a City water main, which will require the conversion of the right-of-way to a 1 O-foot wide utility easement.
ANALYSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the
right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted
an affidavit acknowledging compliance with the aforementioned regulations. All utility companies have been notified
and the request has been advertised in the newspaper. A summary of the responses from the utility companies and
City staff is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering/ Public Works/ Utilities -
Planning and Zoning
No objection w/ conditions (see Exhibit "C")
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection w/ conditions (see Exhibit "C")
No objection w/ conditions (see Exhibit "C")
No objection
No objection
N/A
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a public purpose as a right-of-way, and with the
conversion to a 10 foot wide utility easement, will adequately serve the utility providers. Staff therefore recommends
approval of the request to abandon, subject to the comments included in Exhibit "Cn - Conditions of Approval. Any
conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit
"Cn _ Conditions of Approval.
xc: Central File
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Monnin Alley Abandonment
Exhibit A
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EXHIBIT "e"
Conditions of Approval
Project name: Monnin Alley Abandonment (NE 3rd Street)
File number: ABAN 06-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The 10-foot wide alley shall be converted to a 10-foot wide utility easement X
to accommodate the existing 2" water main.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
\ DEP ARTMENTS I INCLUDE REJECT
I Comments: None X
PRIV A TE UTILITIES
\ Comments: I I I
2. Florida Power & Light has no objection to the abandonment contingent X
upon the 10-foot wide alley being converted to a 10-foot wide utility easement
to accommodate their existing facilities.
3. Bellsouth has no objection to the abandonment contingent upon the 10-foot X
wide alley being converted to a 1 O-foot wide utility easement to accommodate
their existing facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPlanningISHAREDlWPIPROJECTSINE 3" Street ABAN.Monnin AlleylABAN 06-006ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Monnin Alley Abandonment (NE 3rd Street)
APPLICANT'S AGENT: Mary Ann Monnin
APPLICANT'S ADDRESS: 11545 Old Ocean Blvd. Unit 0, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 2,2006
TYPE OF RELIEF SOUGHT: Requesting to abandon a portion of the unimproved 10-foot wide alley
located between NE 5th and NE 6th Avenues, west of NE 3rd Street, lying adjacent to
Lots 68, 69, and 72-75, all in the plat of Arden Park.
LOCATION OF PROPERTY: West of NE 3rd Street between NE 5th Avenue and NE 6th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street ABAN.Monnin Alley\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
E. Monnin Alley
Abandonment
1.
PROJECT:
Monnin Alley (ABAN 06-006)
AGENT:
Mary Ann Monnin
OWNER:
N/A
LOCATION:
Alley located between NE 5th and NE 6th Avenues,
extending approximately 150 ' west from NE 3rd Street.
DESCRIPTION:
Request to abandon a portion of an unimproved alley
located between NE 5th and NE 6th Avenues, extending
approximately 150 I west of NE 3rd Street.
Mr. Ed Breese, Principal Planner, presented the request and recommended approval subject to
the conversion of a 10' right-of-way to a 10' easement. Mr. Breese showed the location of the
applicant's property and indicated the surrounding property owners are in agreement with the
abandonment. The current zoning is C-4.
There were no comments received from the public.
Motion
A motion was made by Ms. Horenburger to approve the request to abandon a portion of an
unimproved alley located between NE 5th and NE 6th Avenues, extending approximately 150'
west of NE 3rd Street. Vice Chair Norem seconded the motion that unanimously passed.
Ms. Horenburger left the meeting at 9:00 p.m.
F. Deliverance by Faith Church
Conditional Use
1.
PROJECT:
Deliverance by Faith Church (COUS 06-006)
AGENT:
Michael E. Sipula, JMS Architecture Design, Inc.
OWNER:
Glenn Lyons
LOCATION:
South side of NE 10th Avenue, approximately 50 ' west of
Railroad Avenue
DESCRIPTION:
Request for conditional use/new site plan approval for the
construction of a 3,538 square foot church and a 1,712
square foot daycare center within a single structure, and
related site improvements on a 0.666-acre parcel zoned C-
2
17
,.
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VIII.-PUBLIC HEARING
ITEM G.
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
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 ,. )
0 April 18,2006 April 3, 2006 (Noon) June 20, 2006 June 5, 2006 (Noon) ~~} ---4
,.
,
[8J 0 " :~~
May 2, 2006 April 17,2006 (Noon) July 5, 2006 June 19,2006 (Noon) _ _
0 May 16, 2006 May],2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) i'<'
--
0 Administrative 0 Development Plans r'~)
-f-' ;........~.
-.-C:,
NATURE OF 0 Consent Agenda 0 New Business "__2 :t>
l ,; (-;;.
AGENDA ITEM [8J Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing. The Community Redevelopment Agency Board, recommended that the subject request be approved on April 11,
2006, subject to all staff comments except the modification of comment #9 to allow for an alternative dimension as approved
by City Engineering Division staff, and a new condition recommending the addition of working shutters in lieu of the shingle
"eyebrow" over the windows. For further details pertaining to the request, see attached Department Memorandum No. 06-
067.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Deliverance by Faith Church (COUS 06-006)
Michael E. Siipula, JMS Architecture Design, Inc.
Glenn Lyons
South side ofNE 10th Avenue, approximately 50 feet west of Railroad Avenue
Request for conditional use/ new site plan approval for the construction of a 3,538 square
foot church and aI, 712 square foot daycare center within a single structure, and related
site improvements on a 0.666-acre parcel zoned C-2.
PROGRAM IMPACT: N/A
~SCALIMPACT: N/A
ALTERNATIVES: ~4 JJ:~ /l
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S:IPlanningISHAREDlWPIPROJ CTSIDeliverance by FaithlCOUS 06-006IAgenda Item Request Deliverance by Faith Church Daycare caus 06-006) 5-
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-067
FROM:
Chair and Members
Community Redevelopment Agency
Michael Rum~~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
April 31, 2006
PROJECT:
Deliverance By Faith Church & Daycare (COUS / NWSP 06-006)
REQUEST:
Conditional Use/New Site approval for a Church with Daycare
PROJECT DESCRIPTION
Property Owner: Deliverance By Faith Church, Inc.
Applicant: Mike Sipula, JMS Architectural Design
Agent: Mike Sipula, JMS Architectural Design
Location: South side of NE 10th Avenue, approximately 50 feet west of Railroad
Avenue (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Church with Daycare
Acreage:
28,995 square feet
Adjacent Uses:
North:
Right-of-way for Northeast 10th Avenue, then farther north is the Boynton-
Delray Academy zoned C-2;
South:
Vacant property zoned (-2;
East:
Developed commercial property (King's Cafe) and a single-family residence,
both zoned C-2, then right-of-way for Railroad Avenue, and farther east is
right-of-way for the Florida East Coast Railroad; and
West:
Developed multi-family residential properties zoned C-2.
Deliverance By Faith Church & Daycare - COUS/NWSP 06-006
Page 2
Memorandum No. PZ 06-067
BACKGROUND
Mr. Mike Sipula, agent for the Church is proposing to construct a one (1) story, 3,538 square foot church
with a 1,712 square foot daycare, within a single structure. The project is proposed to be located on a
vacant parcel on the south side of NE 10th Avenue (MLK Boulevard), within the eastern commercial node
designated in the Heart of Boynton Plan. The proposed building height is 29 feet - 10 inches (accounting
for the tower feature), which is below the 30-foot maximum allowed in the Martin Luther King Overlay
Zone. The parking lot associated with the use is proposed to be located at the rear and along the east
property line of the church (see Exhibit "B" - Proposed Site Plan).
A Church is a permitted use in the C-2 zoning district, however the inclusion of the daycare operation
triggers the requirement for Conditional Use review and approval.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to standards.
The Community Redevelopment Agency Board and City Commission shall consider only such conditional
uses as are authorized under the terms of these zoning regulations and, in connection therewith, may
grant conditional uses absolutely or subject to conditions including, but not limited to, the dedication of
property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not
in harmony with the intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory provisions
have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
"ff!e project proposes one (1) point of ingress and one (1) point of egress. "ff!e entrance is proposed
on Northeast lrJh Avenue along the west side of the building and circulates around the back of the
building along a one-way drive aisle to the parking area. "ff!e exit is proposed on the east side of the
building at the end of the one-way circulation drive through the parking lot "ff!e entrance would be
12 feet in width and the exit would be 20 feet in width. A sidewalk currently exists along Martin
Luther King Jr. Boulevard in front of the subject property and would be repaired/improved as
necessary.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
"ff!e parking spaces required for the proposed project are required to be tabulated based on both the
ratio of one (1) space per 100 square feet of gross floor area, which is required for churches (Places
Deliverance By Faith Church & Daycare - COUS/NWSP 06-006
Page 3
Memorandum No. PZ 06-067
of Assembly) and one (1) space for each four (4) seats in an assembly type occupancy. The
calculation requiring the greatest amount of parking is then utilized to establish the required amount
of parking for the facility. A ~538 square foot Church would require a minimum of 36 parking spaces
utilizing the square foot method and 50 parking spaces with the number of seats (197/4).
Additionally, daycare facilities require one (1) space for each 300 square feet of gross floor area,
which equates to another six (6) parking spaces. However, since the Martin Luther King Jr. Boulevard
Overlay zone provides a 50% reduction in the number of required parking spaces, the site plan
proposes a total of 33 parking spaces for the proposed uses, which includes two (2) handicap
spaces. Based on the highest number of required parking spaces for the Church (50) and six (6) for
the daycare, the 50% reduction in the MLK overlay would require a total of 28 parking spaces,
resulting in the applicant providing an excess of five (5) spaces. All parking spaces excluding the
handicap space will be dimensioned at least nine (9) feet by eighteen (18) feet.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (SP.1) shows a dumpster enclosure is proposed near the southeast comer of the site,
which will allow adequate circulation and maneuverability for the service provider. Per code, the
dumpster enclosure will be painted to match the building.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
CommerCially-zoned properties abutting other commercially-zoned properties do not require a buffer
wall. The landscape buffers along the side property lines are designed with Cocoplum hedge, Sabal
palms and Yellow Elder trees. The rear landscape buffer includes a Cocoplum hedge with Live Oak
trees. With the close proximity to MLK Boulevard, the limited planting area landscaping includes Bird
of Paradise plants against the building with Dwarf Scheff/era and Ixora foundation plantings. The
landscaping as designed meets the code requirements and exceeds them relative to tree spacing, in
an effort to adequately buffer adjacent uses. The outdoor play area associated with the daycare
operation will be fenced and landscaped with hedge material and trees. The play area is also
approximately 50 feet from the nearest property line.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The only sign proposed at this time is the name of the Church, located on the north face of the
tower, and is proposed as individual aluminum letters, eight (8) inches in height. The exterior lighting
is such that it meets minimum code requirements and the photometries plan (LTS.1) indicates that
the lighting would not produce light spillage or glare on neighboring properties. However, the CRA
staff has requested the applicant utilize a slightly more ornate type of lighting fixture in the parking
lot, one more compatible with the residential character of the neighborhood (see Exhibit "C"-
Conditions of Approval).
Deliverance By Faith Church & Daycare - COUS/NWSP 06-006
Page 4
Memorandum No. PZ 06-067
7. Required setbacks and other open spaces.
As previously noted, the subject property lies within the Martin Luther King Boulevard Overlay Zone.
The front/street side setback in the overlay district must be between 3 and 12 feet The site plan
(SP.1) depicts the front setback against MLK Boulevard as three (3) feet for the decorative tower and
generally between six (6) and twelve (12) feet for the remainder of the building. The minimum side
setbacks denoted in the MLK Overlay are five (5) feet, and the applicant has depicted the east side
setback at approximately 49 feet and the west setback at approximately 31 feet A minimum rear
setback of 20 feet is required and the site plan depicts a dimension of approximately 85 feet. A
minimum of 20% of the site is required to be green/pelVious. The site plan indicates that ~015
square feet or 31.5% of the site is being maintained in a pelVious state. As part of the overall design
of the site, the applicant has included a 1,400 square foot outdoor play area for the Church/Daycare,
which again, is approximately 50 feet from the nearest property line.
8. General compatibility with adjacent property and other property in the zoning district.
The City previously identified a segment of Martin Luther King Jr. Boulevard as an area in need or
redevelopment and revitalization. The particular site is located in the eastern commercial node of
the corridor and the Church/Daycare would deemed to be a compatible use in a commercial setting.
Churches are allowed by right in all commercial zoning districts and by conditional use in all
residential districts. Daycares are a conditional use in both residential and commercial zoning
districts. With the appropriate design and buffering proposed within the subject application, the
requested conditional use would appear to be generally compatible with adjacent properties.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable building height in the C-2 zoning district is 25 feet, not to exceed two (2)
stories. However, properties located within the Martin Luther King Jr. Boulevard Overlay, such as
this, may have building heights of up to 30 feet According to the elevations, the proposed height of
the single-story building, measured to the peak of the tower roof and the top of the cross, is 29 feet
- ten (10) inches. This would be in compliance with the Overlay's height limitations and compatible
in scale with any proposed commercial projects to be designed under the Heart of Boynton
Redevelopment Plan.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicant, I~...the city as a whole will not be adversely effected by the proposed site
plan design'~ The overall positive impact that the Church/Daycare should improve the immediate
vicinity and would tend to predict that the economic effect would only be positive on adjacent and
neighboring properties.
11. Conformance to the standards and requirements, which apply to site plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
Deliverance By Faith Church & Daycare - COUS/NWSP 06-006
Page 5
Memorandum No. PZ 06-067
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed use
would operate in a manner that is in compliance with the above-referenced codes and ordinances of
the City of Boynton Beach.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and the
consistency with the Comprehensive Plan, staff recommends that this request be approved subject to
satisfying all conditions of approval as contained in Exhibit "(" - Conditions of Approval. Furthermore,
pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the
proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to
obtain a building permit for this project (see Exhibit "C" - Conditions of Approval).
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Conditions of Approval
Project name: Deliverance by Faith
File number: COUS/NWSP 06-006
Reference: 2nd review plans identified as a Conditional Use/New Site Plan with a March 21, 2006 Planning and
Z d ki
omng ate stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling ofrefuse per the CODE, Section
10-26 (a).
PUBLIC WORKS- Traffic
Comments:
2. Provide an updated notice of concurrency (Traffic Performance Standards X
Review), which includes the daycare operation, from Palm Beach County
Traffic Engineering, prior to issuance of the first permit.
UTILITIES
Comments:
3. 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.
4. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
5. Appropriate backflow preventer(s) will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207.
6. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
FIRE
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
7. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
8. 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.
9. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) using a 35-foot sight triangle at the driveway onto MLK Blvd.
10. Provide an engineer's certification on the Drainage Plan as specified in X
LDR, Chapter 4, Section 7.F.2.
11. 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.
12. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
14. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
15. At time of permit review, submit signed and sealed working drawings of the X
I DEP ARTMENTS I INCLUDE I REJECT I
proposed construction.
16. 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. 2004 FBC, Section 11-4.3.4.
17. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
A The design professional-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation 11.35' NGVD is above
the highest 100-year base flood elevation applicable to the building site, as
determined by the SFWMD's surface water management construction
development regulations. "
B From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
C Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
18. 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.
19. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
20. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B The building numbers must be the same as noted on the Commission-
approved site plans.
C The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
21. At time of permit review, 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.
22. 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.
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
23. Add a general note to the site plan that all plans submitted for permitting X
shall meet the City's codes and the 2004 FBC in effect at the time of permit
application.
24. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
25. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. 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.
PARKS AND RECREA nON
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
26. The survey shall have been prepared within the last six (6) months and X
appropriately signed and sealed. Please submit an updated survey at time of
permit application.
27. The Typical Parking Striping Detail on Sheet SP.l does not match the X
spaces depicted on the site layout of the parking lot.
28. Continue landscaping (both layers) along the north side, adjacent to the exit X
drive.
29. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
30. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
31. The west building elevation has been modified and now has a large expanse X
of blank wall. Incorporate architectural features to enhance this elevation,
such as windows or faux windows to match others already proposed on the
other building elevations.
32. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time X
\ DEP ARTMENTS I INCLUDE I REJECT I
limit is to be set within which the proposed project is to be developed.
Staff recommends that a period of one (1) year be allowed to initiate this
project and pull a building permit.
COMMUNITY REDEVELOPMENT AGENCY STAFF COMMENTS
Comments:
33. Change light pole and wall mounted lights from commercial design to one X
that would be compatible with residential/mixed-use development.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
34. Modification of condition #9 to allow the Engineering Division to work X
with the applicant on appropriate sight triangles at the driveway onto MLK
Boulevard
35. Recommend the applicant utilize working shutters over the windows as X
opposed to the shingled eyebrows depicted on the drawings.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
l. To be determined.
S:IPlanningISHAREDlWP\PROJECTSIDeliverance by FaithlCOUS 06-006ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Deliverance by Faith
APPLICANT'S AGENT: Michael Sipula - JMS Architecture Design, Inc.
APPLICANT'S ADDRESS: 10800 N. Military Trail #211 Palm Beach Gardens, FL 33410
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 2, 2006
TYPE OF RELIEF SOUGHT: Request Conditional Use/ New Site Plan approval for construction of a
1,712 square foot daycare center and a 3,538 square foot church, on a
28,995 square foot parcel in a C-2 zoning district.
LOCATION OF PROPERTY: The south side of Northeast 10th Avenue between Seacrest Boulevard
and Railroad Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant, in a manner consistent
with the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "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:\P/anning\SHARED\WP\PROJECTS\Deliverance by Faith\COUSINWSP 06-006\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
E. Monnin Alley
Abandonment
1.
PROJECT:
Monnin Alley (ABAN 06-006)
AGENT:
Mary Ann Monnin
OWNER:
N/A
LOCATION:
Alley located between NE 5th and NE 6th Avenues,
extending approximately 150 ' west from NE 3rd Street.
DESCRIPTION:
Request to abandon a portion of an unimproved alley
located between NE 5th and NE 6th Avenues, extending
approximately 150 ' west of NE 3rd Street.
Mr. Ed Breese, Principal Planner, presented the request and recommended approval subject to
the conversion of a 10' right-of-way to a 10' easement. Mr. Breese showed the location of the
applicant's property and indicated the surrounding property owners are in agreement with the
abandonment. The current zoning is C-4.
There were no comments received from the public.
Motion
A motion was made by Ms. Horenburger to approve the request to abandon a portion of an
unimproved alley located between NE 5th and NE 6th Avenues, extending approximately 150'
west of NE 3rd Street. Vice Chair Norem seconded the motion that unanimously passed.
Ms. Horenburger left the meeting at 9:00 p.m.
F. Deliverance by Faith Church
Conditional Use
1.
PROJECT:
Deliverance by Faith Church (COUS 06-006)
AGENT:
Michael E. Sipula, JMS Architecture Design, Inc.
OWNER:
Glenn Lyons
LOCATION:
South side of NE 10th Avenue, approximately 50 ' west of
Railroad Avenue
DESCRIPTION:
Request for conditional use/new site plan approval for the
construction of a 3,538 square foot church and a 1,712
square foot daycare center within a single structure, and
related site improvements on a 0.666-acre parcel zoned C-
2
17
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Mr. Breese presented the request and recommended approval subject to the conditions in
Exhibit C of the Conditions of Approval. The church is presently located on MLK and the yard
will be fenced in. Daycare requirements mandate the play yard be enclosed.
Ms. Brooks explained the Heart of Boynton Redevelopment Plan calls for a node of commercial
development on the east and west ends of MLK; one at Seacrest Boulevard and one at Federal
Highway. The recently conducted retail demand analysis indicated having a lot of retail within
the Heart of Boynton would most likely be unsuccessful. This project is not sitting in the Heart
of Boynton Plan but is within the Code. There presently is a small commercial building on one
side of the project and vacant property on the west side.
Quintus Greene, Development Director for the City, clarified the reason the church is located at
this site is because the current location and the property that was formerly owned by the church
is on the north side of MLK within the Phase 1 Heart of Boynton Implementation Area. The City
was able to work out an arrangement with the church for a land swap. The property the church
is locating on was formerly owned by the City, and the City now owns the property within the
Phase I area of the Heart of Boynton Plan.
Chairman Tillman opened the floor for public comments.
Mr. Lloyd Powell, on behalf of the property owner on 1112 North Federal Highway, the Alpine 7
Company, Inc., alkla Alpine Florist, was present. He expressed his thoughts it was in the best
interest of the City to agree with the conditional use, and thought it was a shame the vacant
building immediately to the south, formerly a pub, could not be included.
Chair Tillman closed the floor for public comments.
Mr. Myott had some questions.
Mike Sipula, Architect with JMS Architectural Design was present and responded to Mr. Myott's
concerns as follows:
The structures over the windows are lean-to eyebrow roofs made of pickled wood, cedar
exposed and tongue and groove underside plank.
They will use asphalt shingles. To use other materials, such as cement tiles would be a cost
factor, probably twice as much, or more.
Mr. Myott suggested using bahama shutters as an option to the eyebrow roof.
Motion
A motion was made by Mr. DeMarco to approve the application.
Mr. Sipula requested confirmation about Condition 9, which was using a 35" sight triangle. Mr.
Breese indicated there could be some flexibility on this request and suggested the board
approve the condition subject to the condition meeting approval by the Engineering Department.
18
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Motion
Mr. DeMarco amended his motion to approve the staff's approval of #9 and all the other
conditions. Vice Chair Norem seconded the motion that unanimously carried.
It was noted Mr. Sipula was agreeable to using bahama shutters.
VII. Pulled Consent Agenda Items
C. Approval of Commercial fa<;ade grant to McDonalds - $15,000
Mr. Myott questioned why a fa<;ade grant is being used for paving. He felt paving was
maintenance. Ms. Heavilin explained they have approved fa<;ade grants in the past and a
precedent has been set. The board could rewrite that portion of the policy for future fa<;ade
grant requests to exclude paving.
Motion
A motion was made by Vice Chair Norem to approve the request. Ms. Heavilin seconded the
motion. A vote was taken and the motion carried by vote of 4-1. (Mr. Myott dissenting)
F. Approval of FY05
Mr. Myott requested clarification on the Budget Amendment General Fund. He indicated funds
are being moved. Mr. Robert Reardon, CRA Interim Assistant Director, responded there are
some accounts that are no longer being used. Those funds could be transferred to balance
other line items.
Motion
A motion was made by Mr. Myott and seconded by Vice Chair Norem to approve the FY05
Budget Amendment General Fund. A vote was taken and unanimously carried.
Ms. Heavilin suggested having a one-sentence explanation for these items for informational and
audit purposes. Mr. Reardon will provide the information going forward.
G. Approval of Monthly Financial Results - March 31, 2006
Mr. Myott indicated the monthly financial results showed the expenditures at 21% and the
receipts reflect 78%. He questioned whether this is normal at this point in the fiscal year. Mr.
Reardon explained it was.
Motion
A motion was made by Vice Chair Norem to receive Item G and file for audit. Ms. Heavilin
seconded the motion that unanimously carried.
I. Land Use and Zoning Amendment Update
Mr. Myott indicated the amendment is being submitted to the Department of Community Affairs
(DCA) as a do not review application and asked what it meant.
19
CITY OF BOYNTON BEACI-
AGENDA ITEM REQUEST FOk. -
VIII.-PUBLIC HEARING
ITEM H.
Requested City Date Final Form Must be
Commission Meetino Dates Turned in to City Clerk's Office
Requested City Commission Date Final Form Must be
Meetino Dates Turned in to City Clerk's Office
D April 4, 2006
D April 18, 2006
[8J May 2, 2006
D May 16, 2006
March 20, 2006 (Noon.) D June 6, 2006
April 3, 2006 (Noon) D June 20, 2006
April1?, 2006 (Noon) D July 5, 2006
May 1, 2006 (Noon) D July 18, 2006
May 15, 2006 (Noon)!
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June 5, 2006 (NooriJ2
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June 19, 2006 (Noah}
July 3, 2006 (NoanL
-L.J '1
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
D Legal
D Unfinished Business
D Presentation
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RECOMMENDATION: That Commission approves Resolution 06-_ for Special Warranty Deeds conveying
title to the R. M. Lee Community Development Center (CDC) for:
Lots 10, 17, and 18, Block 3, HAPPY HOME HEIGHTS, according to the Plat recorded in Plat
Book 11, Page 30, Public Records of Palm Beach County, Florida. The above being the real
property described in the tax deed recorded in Official Record Book 11669, Page 1229, Public
Records of Palm Beach County, Florida.
EXPLANATION: The R. M. Lee CDC, in partnership with St. John's Missionary Baptist Church, is proposing
to build elderly housing for rental and independent living for very low and low income seniors.
PROGRAM IMPACT: The lots are not individually buildable, but in addition to surrounding properties owned by
both the CDC and St. John's Church, the amassed property will allow for the development of 15 units of elderly
housing and independent living.
FISCAL IMPACT: Taxable value added to the City of Boynton Beach, whereby property is currently vacant
and incurs no tax income.
ALTERNATIVES:
~
City Manager's Signature
Department of Development
Community Improvement Division
Department Name
~
City Attorney / Finance / Human Resources
S:\Community Improvement\Agenda Requests\2006\CC5-2 RMLee Lots.doc
C~
] RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE A SPECIAL \VARRANTY DEED BET\VEEN
7 THE CITY OF BOYNTON BEACH AND RM. LEE
8 COMMUNITY DEVELOPMENT CENTER, INC.; AND
9 PROVIDING AN EFFECTIVE DATE.
10
1] WHEREAS, the R.M. Lee Community Development Center in partnership with St.
12 John's Missionary Baptist Church is proposing to building elderly housing for rental and
13 independent living for very low and low income seniors; and
14 WHEREAS, the property, in addition to surrounding properties owned by both the
15 R.M. Lee Community Development Corporation and St. John's Missionary Baptist Church,
16 will allow for the development of 15 units of elderly housing and independent living; and
17 WHEREAS, the City Commission upon recommendation of staff, has deemed it to be
18 in the best interests of the citizens and residents of the City to execute a Special Warranty
19 Deed between the City of Boynton Beach and The R.M. Lee Community Development
20 Center, Inc., conveying title for the lots described as follows:
21 Lots 10, 17 and 18, Block 3, HAPPY HOME HEIGHTS,
22 according to the Plat recorded in Plat Book 11, Page 30,
23 Public Records of Palm Beach County, Florida.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
28
29
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confinued
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
S:\CA \RESO\Real Estate\Reso for Special Warranty Deed - RM Lee CDC.doc
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special
3 Warranty Deed to The R.M. Lee Community Development Center, Inc.
4
Section 3.
This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this _ day of May, 2006.
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
24 ATTEST:
25
26
27
28 City Clerk
29
30 (Corporate Seal)
31
S:\CA \RESO\Real Estate\Reso for Special Warranty Deed - RM Lee CDC.doc
THIS INSTRUMENT WAS PREPARED BY
JAMES A CHEROF, ESQUIRE
PO Box 3JO
Boynton Beach, FL 33425
SPECIAL WARRANTY DEED
THIS INDENTURE, made this ___ day of May, 2006, between THE CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor")
and R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC., a Florida non-profit
corporation, whose principal address is 900 N. Seacrest Blvd., Boynton Beach, Florida
(hereinafter referred to as "Grantee").
WITNESETH:
That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and
other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in Palm Beach County,
Florida, to wit:
Lots 10, 17 and 18, Block 3, HAPPY HOME HEIGHTS,
according to the Plat recorded in Plat Book ]], Page 30,
Public Records of Palm Beach County, Florida.
Together with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To have and to hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple, that Grantor has good right and lawful authority to sell and convey said
land, that Grantor hereby fully warrants the title to said land and will defend the same against the
S:ICAIDepartments\Community RedevlSpecial Deed - RM LEE CDC.doc
Page 1
lawful claims of all persons claiming by, through or under Grantor, but against none other.
IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly
authorized officer the day and year first above written.
Signed, sealed and delivered
In our presence:
Witnesses:
CITY OF BOYNTON BEACH
Signature
By:
Jerry Taylor, Mayor
Attest:
(Type or print name)
(City Seal)
City Clerk
Signature
Approved as to Form:
(Type or print name)
City Attorney
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of May, 2006, by
Jerry Taylor, as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, on behalf of the corporation, who is personally known to me, and who did not take
an oath.
My Commission Expires:
NOTARY PUBLIC
(Type or print name)
S:\CA IDepartments\Community RedevlSpecial Deed - RM LEE CDC.doc
Page 2
NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Boynton Beach, Florida has determined to sell the
following described properties:
Lots 10, 17, and 18, Block 3, HAPPY HOME HEIGHTS, according to the Plat
recorded in Plat Book 11, Page 30, Public Records of Palm Beach County,
Florida. The above being the real property described in the tax deed recorded in
Official Record Book 11669, Page 1229, Public Records of Palm Beach County,
Florida.
The sale of property is for public purpose pursuant to an agreement entered into between the
City of Boynton Beach and the R. M. Lee Community Development Center, Inc. Further
information, as is available, may be obtained from Community Improvement in the West Wing of
City Hall, located at 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. The City
Commission of the City of Boynton Beach shall hold a public hearing on the proposed sale at
their regular City Commission meeting May 2,2006 at 6:30 p.m. in Commission Chambers, City
Hall. Contact Octavia S. Sherrod at 742-6066.
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-31
RM. LEE COMMUNITY DEVELOPMENT CORPORATION
ELDERLY HOUSING
REQUEST FOR ASSISTANCE
ADDlicant: RM. Lee Community Development Corporation (RMLCDC) & St. John
Missionary Baptist Church (SJMBC)
DeveloDer: RM. Lee Lake Worth Community Development Corpomtion (RMLCDC)
Tvoe of Ol"2anization:
Both entities are Florida tax exempt Not-For-Profit 501 (c) (3)
Corpomtions
Contact:
Chris Plummer, Project Consultant
Proiect Area: The CDC's project area is bounded by Boynton Beach Boulevard to the so~
NE 13tb Avenue to the north, North Railroad A venue to the east and Seacrest Boulevard to the
west. The target area also includes an area on the west side of Seacrest Boulevard between NW
8th Avenue and NW 6th Avenue. The area has experienced significant neglect over the past 20
years.
Request and Use of Proceeds:
1. Donation and transfer of two City owned properties on NE 12th Avenue, which includes
lots 70 and 80 for the construction and rental of housing for seniors who are able to live
independently.
2. Donation and transfer of two City owned properties on NE 13 th Avenue, which includes
lots 00 and 20 for the construction and rental of housing for seniors who are able to live
independently.
Proiect Summarv:
The RM. Lee CDC plans to initiate a comprehensive community redevelopment project
in the neighborhood. The CDC will start the project by focusing on the two blocks between NE
12th Avenue and NE 13th Avenue north to south and between NWlst Street and NW2nd Street.
The area presents an excellent development opportunity because there are enough contiguous
vacant and deteriorated properties necessary to make a significant impact on the neighborhood.
1
The CDC plans to assemble 12 contiguous parcels and develop at least 15 units of rental housing
for elderly persons who can live independently. This will enhance three current single family
houses being developed by Habitat for Humanity on NE 13th A venue. Along with the
development of housing, the CDC will also conduct a windshield survey of the neighborhood
and identifY owner-occupied houses that are in need of repairs and work with homeowners to
secure access to rehabilitation funding through the City.
Community Development Features
RMLCDC proposes to use a community involvement/community orgarnzmg model in
developing the project. The use of this model is intended to elicit community support for the
project and encourage existing elderly residents to seek rental opportunities. The project will be
promoted as a "Best Practice" Model of leveraging, fInancing, partnerships and community
development features. The CDC is seeking funding from several local lenders to finance a
model unit to be developed with community involvement, and volunteers. The project will
provide opportunities for small, minority and women owned businesses in construction including
businesses and individuals from the community. The project is unlikely to include the relocation
of any residents.
Proiect Amenities & Features
The following project amenities include design and safety features:
Buildings
CBS Construction
Building types: Townhouse or duplex units ranging from one-bedroom, two-bath, one-car garage
to two-bedroom, two-bath, no-car garage
Building sizes: Range from 960 square feet to 1,200 square feet
Full appliance package including dishwasher, range, refrigerator, garbage disposal, washer/dryer
Full carpeting in bedrooms, living and dining rooms
Tiled entrance ways and bathrooms
Dimensional shingles
Front porches
Fire extinguishers in the kitchen and garages
Units will conform to all current codes
Wired for telephone, cable and Internet access
Security system, garage door opener, tiled living and dining areas.
Landscaping
Landscaping designed by a professional
Use of xeriscaping, drought tolerant plants
Use of Zoisia Empire grass which is hardy and needs less irrigation and maintenance
Use of ground cover and low shrubs bordering sidewalks
Use of drip irrigation
Adequate sod, increased plants and shrubs can be used to reduce need for sod.
2
Safety Features
Addresses clearly labeled
Windows and doors visible from the street
Adequate lighting on front and rear of units
No high shrubbery near windows and entrances
Proiect Goals & Obiectives
RML CDC has identified the following goals and objectives for the Project:
Goal #1: Revitalize the target area through a progressive model block strategy starting with NE
12th and 13 tit Avenues as Phase I. .
Objectives:
1) Provide at least 15 units of elderly housing.
2) Increase owner occupied housing by at least 50%
3) Eliminate neighborhood blight by converting at least 20 vacant lots into housing
4) Improve the attractiveness of the neighborhood through new housing, ~ade
improvements, lighting, new sidewalks, and streetscaping
5) Facilitate the rehabilitation of owner-occupied housing through rehabilitation loans or
grants
Goal #2: Become a self-sufficient community development corporation.
Objectives:
1) Develop, construct and market properties to earn developer fees.
2) Build organizational capacity by re-investing earned developers fees to undertake future
projects.
Proiect Benefits
The following are the expected outcomes to the community of proceeding with the project:
1. Return up to 20 properties to active use and reduce related code enforcement costs.
2. Increase in the City of Boynton Beach's tax base.
3. Reduction of crime due to vacant properties.
4. Preservation of the neighborhood fabric and greater community stability
5. Beautification and improved neighborhood through community pride.
6. Positive domino effect of encouraging other owners to spruce up their property.
7. Reduction of vacant lots and blighted conditions
8. Return of families to the neighborhood.
9. New private investment.
3
May 2, 2005
Octavia Sherrod
Community Development Manager
Division of Community Redevelopment
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: CDBG Application 2005-2006 - R.M. Lee Community Development Corporation, Inc.
Dear Ms. Sherrod:
This letter serves to support the above referenced application from the R.M. Lee Community
Development Corporation, Inc. LiSe supports the work of the organization in furthering neighborhood
development and is willing to underwrite predevelopment and construction loans to develop their I5-unit
senior housing and neighborhood revitalization project, within our underwriting guidelines. South Florida
Local Initiatives Support Corporation (LISC) previously provided the following financial and
technical assistance to the CDC:
Section 4 Operating Support Grant (2 years)
Direct Technical Assistance
Total
$ 40,000
$ 18.000
$ 58,000
LIse will seek grant funding in the amount of no less than $5,000 to support the work of the
organization in our upcoming round ofHUD Section 4 funding. In addition, LISC will spearhead
the development of a loan and grant pool of up to $1.7 million fmance the senior housing project.
The eDe continues to make a impact on the City of Boynton Beach through its programs and
educational outreach to the community. They have managed these achievements in an area that is
difficult to develop. This says a lot for the quality and commitment of the organization.
While the organization is pursuing other funding sources such as developer fees, foundations and
fundraising, it needs the continued financial support of the City of Boynton Beach. The year
ahead holds exciting opportunities for the agency and LISC is committed to continue its
assistance to the organization, within its current program guidelines and availability of funding.
Please feel free to contact me at (561) 471-7700.
Sincerely,
Annetta Jenkins
Senior Program Director
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
[x. - CITY MANAGER'S
REPORT
ITEM A
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
[8] May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 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 UnfInished Business
0 Announcement 0 Presentation
[8] City Manager's Report
RECOMMENDATION: Staff requests direction from the City Commission regarding under grounding utility lines. If so
desired, the City Commission should direct staff to prepare an Ordinance amending the Land Development Regulations.
EXPLANATION: The City of Boynton Beach has experienced extended power and phone outages three times in the past
two years related to Hurricanes Frances, Jeanne and Wilma. From experience, we learned that those residential areas served
by underground utility lines seemed to have service restored more quickly than did those residential areas served primarily by
overhead utility lines. Therefore, City Staff has been requested to review current City policies to determine ifnew or revised
requirements to underground utility lines were desirable.
Underground utility lines already serve much of the newer, western portion of our residential community. This can be
attributed to the City's current requirement to underground utility lines within a new subdivision or PUD. However, this
requirement was not in place many, many years ago when the vast eastern portion of our community was developed. Chapter
6, Article IV, Section 13 ofthe City's Land Development Regulations reads as follows:
Section 13. Utilities.
Utilities, including power and light, telephone, telegraph, water, sewer, cable television, wiring to
streetlights and gas shall be installed underground. This section shall apply to all cables, conduits or wires
forming parts of an electrical distributions system including service lines to individual properties and main
distribution feeder lines delivering power to local distribution systems, except that it shall not apply to
wires, conduits or associated apparatus and supporting structures whose exclusive function is transmission
or distribution of electrical energy between subdivisions, generating stations, substations and transmission
lines of other utility systems, or perimeter lines located adjacent to the subdivision. Appurtenances such as
transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice
closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with
and as a part of the underground distributions system may be placed above ground, but shall be located so
as not to constitute a traffic hazard. Easements shall be coordinated with requisite utility authorities and
shall be provided as prescribed by this ordinance for the installation of underground utilities or relocating
existing facilities in conformance with the respective utility authority's rules and regulations. The city
engineer may waive the requirement for underground installation if the service to the adjacent area is
overhead and if it does not appear that further development in adjacent areas with underground utilities is
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
possible. Any new service which is allowed by the waiver herein to be supplied by overhead utilities shall
be connected to a service panel that is convertible for underground utility service at a future date. The
developer shall make necessary cost and other arrangements for such underground installations with each of
the persons, firms or corporations furnishing utility service involved. Utilities shall be constructed in
easements as prescribed by this ordinance.
Therefore, according to this article, and related sections for PUD's, all utility lines internal to new development must be
placed underground.
The existing Code language certainly serves us well in our goal to underground utilities. However, the existing language does
little to address our desire to place existing overhead utilities underground. Resolution of this goal is significantly more
complex and is more costly. To place existing lines underground, it is absolutely essential to identify a funding source.
Traditional Funding
Because much of the local concern has focused on electric power, staff believes it appropriate to discuss the position of
Florida Power and Light (FPL). FPL has long been willing to place overhead electric lines underground provided the
customer (the City) pay the full expense of design and construction. This has proven quite costly to local government because
there is no existing revenue source to pay this enormous expense. One could argue that the current franchise fee paid by FPL
could be used for this purpose. However, because the current franchise fee contributes to the City's general fund, any
diversion of such fee to under grounding purposes would require the City to identify other replacement sources for the lost
general fund revenue. Of course, local governments have the authority to pass through the cost by special assessment for
certain capital projects.
In response to growing public concern about overhead power lines, FPL announced early this year a new plan that helps fund
the cost of under grounding power lines. FPL has proposed to fund 25% of the cost to underground existing overhead power
lines. This is a welcome offer from FPL. However, there is one important caveat to note. FPL will require that all overhead
lines in a particular area be converted so that there is not a mix of overhead and underground lines. It is far easier to maintain
either all overhead or all underground lines rather than eclectic mix of both. Most importantly, it must be noted that "all
overhead" lines also includes all service lines. Therefore, all homes or properties that have an overhead service line must
have that line placed underground as well. Because a service line is privately owned by the property owner, FPL will not
participate in this cost nor is government able to justify funding a private service line with general tax dollars. It is this
private service expense that may be well suited to a non-ad valorum assessment.
Alternative Funding
Rather than government paying to underground existing overhead utility lines, some local governments are expanding upon
their requirements to underground utility lines in new subdivisions. For example, in late 2005, the City of Coconut Creek
passed a new ordinance (attached) that requires some new development to not only underground lines within new
development but it also requires developers to underground all existing overhead utility lines that are adjacent to the new
development. The ordinance was specifically written to discuss what size and types of development would be subject to the
ordinance. For example, if this ordinance were in place in the City of Boynton Beach, the Related Group would have been
required to underground all utility lines on Boynton Beach Boulevard and Ocean Avenue adjacent to their project.
Interestingly, the Coconut Creek ordinance provides for a waiver application process. A developer must show certain
difficulties or hardship or show that an underground project is technically infeasible in order have the under grounding
requirement waived. However, granting a waiver requires that the developer pay to the City a fee commensurate with the cost
to underground the utility lines in lieu of placing the lines underground. The City of Coconut Creek plans to use this revenue
as a funding source to place other overhead power lines underground. This is a new twist to the traditional funding
mechanism discussed earlier. Of course, this funding source does not address the fact that the private property owner must
still pay for private service connections.
S:\BULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Summary
Staff fmds that our current Land Development Regulations are well suited to addressing utility under grounding internal to
new development. However, Coconut Creek has shown that these requirements can be augmented by even stricter standards
related to underground utility lines that are off site and adjacent to new development. Coconut Creek has also found a
funding mechanism for under grounding other projects of interest to the community. Lastly, non-ad valorum taxes may
provide the necessary vehicle to fund the under grounding of private property service lines.
Should the City Commission desire to modify our Land Development Regulations much as done by Coconut Creek, staff
would appreciate direction from this Commission in this regard as well as the Commission opinions on the various issues
discussed herein.
PROGRAM IMP ACT: None at this time.
FISCAL IMPACT: None at this time.
ALTERNATIVES: None
~
City Manager's Signature
'Pv 1:1 L W~,(k~
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 2005-032
AN ORDINANCE OF THE CITY OF COCONUT CREEK,
FLORIDA, AMENDING CHAPTER 13 CODE OF ORDINANCES,
ENTITLED "LAND DEVELOPMENT CODE" BY AMENDING
ARTICLE II THEREOF, ENTITLED "SUBDIVISION
REGULA TIONS" BY AMENDING DIVISION 1 THEREOF
ENTITLED "GENERALLY" BY CREATING SECTION 13-142
THEREOF, ENTITLED "UNDERGROUND UTILITIES,
REQUIRED" WHICH SECTION CREATES THE REQUIREMENT
FOR NEW CONSTRUCTION OR SUBSTANTIAL
RECONSTRUCTION TO LOCATE ALL UTILITIES ON THE
SITE OR ADJACENT TO THE SITE UNDERGROUND ON PLOTS
ONE ACRE OR MORE, OR THOSE PROJECTS WHICH
REQUIRE SITE PLAN APPROVAL; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the placement of utilities underground is aesthetically pleasing, as it
removes unsightly power poles and lines from public rights-of-way; and
WHEREAS, the City of Coconut Creek is located in Broward County, Florida, in
the Southeastern portion of the state that is prone to hurricanes and other natural
disasters; and
WHEREAS, placing utilities underground protects them from wind-blown
damages and may lead to the earlier restoration of interrupted service; and
WHEREAS, the City Commission of the City of Coconut Creek finds it to be in
the best interests of the citizens of this community to amend the Code of Ordinances by
requiring the underground placement of utilities for new construction, substantial
reconstruction or any project which needs site plan approval;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF COCONUT CREEK, FLORIDA:
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Page 1 of 6
Section 1. That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. That Chapter 13 Code Of Ordinances, Entitled "Land
Development Code" is hereby amended by amending Article II thereof, entitled
"Subdivision Regulations" by amending Division 1 thereof, entitled "Generally" by
creating Section 13-142 thereof, entitled "Underground Utilities, Required" to read and
provide as follows:
Sec. 13-142. Underground Utilities, Required.
(a) Definitions.
I Utilities. "Utilities" shall mean all utilities and similar facilities includin but
not limited to gas. telephone. cable. fiber. communications and electrical distributing and
transmission facilities.
2 Substantiall
or reconstruct.
"Substantiall
or
fift
reconstruct" shall mean (i) the cost of rebuilding. repair or reconstruction will exceed
of the re lacement cost of the buildin or structure or 11 a
modification to an approved site plan as regulated by Section 13-549. Code of
Ordinances. is required.
(b) Armlicability.
lication or
any other development application other than a residential development
application approved after October 1. 2005. all utilities to be located within or in
the public rights-of-way adjacent to that development shall be installed
underground at the developer's and/or owner's cost. Existing overhead utilities
on public rights-of-way adjacent to the new development shall be converted to
underground utilities at the developer's and/or owner's cost.
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(2) If an application is submitted after October L 2005, for a permit to
substantially redevelop or reconstruct an existing commercial, industrial, retail or
any project other than a residential development that occupies one acre or more,
or that requires site plan approval, all utilities located within, or in the public
rights-of-way adjacent to that development, shall be installed underground at the
developer's and/or owner's cost. Existing overhead utilities shall be converted to
underground utilities at the developer's and/or owner's cost.
ill For any new, redevelopment, or reconstruction of a residential project five
(5) acres or more or any new, redevelopment or reconstruction of a residential
project of five (5) units or more approved after October L 2005, all utilities
located within or in the public rights-of-way adjacent to that development and all
utilities located within the project site, shall be installed underground at the
developer's and/or owner's cost. Existing overhead utilities shall be converted to
underground utilities at the developer's and/or owner's cost.
( c) Excevtion. Electrical transmission or distribution lines with a rated load of
more than 23k V (23,000 volts) shall be exempt from the requirements of this Section.
All electrical transmission or distribution lines with a rated load of 23k V 23 000 volts
or less shall not be exempted from the requirements of this Section.
(d) Process Timing and Waiver.
(1) The developer and/or owner shall evidence compliance with the
requirements in this Ordinance by providing to the City a signed agreement
between the developer and/or the owner and each relevant utility showing that the
utility has agreed, at the developer' or owner's cost, to place or convert the
relevant utilities underground The City shall require this evidence or an
application for waiver, as described in (2) below to accompany the review of the
application by the Planning and Zoning Board, for it's recommendation to the
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Page 3 of 6
City Commission. The City Commission will be the final authority to grant or
deny said waiver application.
may apply to the City, in a form specified by the City and accompanied by the
payment of an application fee seeking to be relieved of the requirements of this
Ordinance. This application must be submitted to the City prior to the time
specified in (1) above. The application will contain a detailed statement by a
Florida licensed Professional Engineer, qualified with respect to utility issues,
explaining why it is technically infeasible to locate such utilities underground.
The City Engineer and the Development Services Director shall review such
application and shall make a recommendation to the Planning and Zoning Board,
that shall have the authority to recommend granting or denying a waiver in the
overall recommendation to the City Commission. The City shall grant a waiver if
the application is supported by information detailing justifiable reasons for not
pursuing the subject undergrounding, including , by way of example and not
limitation, technical infeasibility or impracticability, practical infeasibility or
impracticability, or costs outweigh perceived benefits, as determined by the City.
3 If a waiver is anted a dollar amount e ual to the cost of lacin the
utilities underground as determined by an estimate established by the relevant
utilities and as agreed upon by the City, may be required to be paid into the City's
Underground Utility Fund, prior to the development permits being issued.
e Com fiance with Code. Construction and installation of utilities shall com I
with the City's permit requirements and all other requirements of the City's Code of
Ordinances.
Section 3: That in the event any provision or application of this Ordinance shall
be held to be invalid, it is the legislative intent that the other provisions and applications
hereof shall not be thereby affected.
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Section 4: That the provisions of this Ordinance shall be codified within the
Code of Ordinances of the City of Coconut Creek, Florida, and any paragraph or section
may be renumbered to conform with the Code of Ordinances.
Section 5: That all Ordinances or parts of Ordinances in conflict herewith are to
the extent of said conflict, hereby repealed.
Section 6: That this Ordinance shall be in full force and effect immediately upon
its passage.
PASSED FIRST READING the
PASSED SECOND READING the
day of
day of
, 2005.
, 2005.
Marilyn Gerber, Mayor
ATTEST:
Barbara S. Price, CMC
City Clerk
1 st
2nd
Gerber
Waldman
Tooley
Sarbone
Freund
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E:ILegal CounseIINCousins\Documents\Development ServiceslSubdivision ReguJationslOrdinance Underground Utilities
NAC/dk
08-02-05
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.
IX.-CITY MANAGER'S
REPORT
ITEM B.
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May] 5, 2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
[8J May 2. 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
[8J City Manager's Report
RECOMMENDA nON: Discussion of prior agenda item from April] 8,2006 that being a Motion to repeal Article III, of
Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Pensions for Police Officers," and adopting a new Article III
in replacement, thereof to be entitled "Municipal Police Officers' Retirement Trust Fund
EXPLANA TION: This discussion is intended to provide policy direction to staff on the proposed ordinance, amendments
to the proposal or other changes deemed appropriate by the Commission.
As noted in the April 18th City Commission Agenda, the proposed new Article III, entitled "Municipal Police Officers'
Retirement Trust Fund", has two intended purposes:
I. The new article is intended to clarifY and compile all pension related ordinances into one clear and concise easy to read
document entitled "Municipal Police Officers' Retirement Trust Fund". The new article clarifies the existing plan
document language and consolidates amendments. The new article is more definitive and will reduce some of the
members and retirees confusion. The new article provides for the members to have more control of their drop, vacation
and sick funds, while providing retirees with an opportunity to make better withdrawal and investment decisions that may
result in better income tax consequences.
II. The draft ordinance changes the Police Pension funding method from Frozen Initial Liability (FIL) to Entry Age Normal
(EAN). Essentially, this changes the funding method from a ] 5 year cycle to a 30 year cycle for each pension member.
While it does not save the City money, it reduces the annual cost because the liability is being spread over a 30 year
period instead of a 15 year period. The Fire Pension and General Employee Pension systems are based on the Entry Age
Normal (30 year) funding method. This was a recommendation from Segal, the City's pension consultant.
III. The draft ordinance changes the assumed rate of return for investments from the current level of 8.5% to 8.0%.
Currently, the General Employee Pension fund uses an 8.0% assumed rate of return. This was a recommendation from
Segal, the City's pension consultant. The Fire Pension Fund is still at 8.5%.
IV. This ordinance provides for an increase benefit of Y7 "one-half "percent in the multiplier calculation. This will increase
the multiplier from 3.00% to 3.50%. The normal retirement benefit payable to a police officer who retires on or after the
normal retirement date shall be an amount equal to the number of years of his or her credited service multiplied by 3.50%
of his or her average final compensation. (This would apply to all past and future service members who have not yet
terminated employment or entered the DROP.)
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
As discussed at the April 18,2006 City Commission meeting, there was a request for additional analysis of the pension
proposal by staff. However, because the motion on the floor was tabled, there was not an opportunity for the staff to discuss
the items the Commission wishes to include in an analysis. Here are the items we did pick-up on:
1. Calculate the impact of reducing the assumed rate of return from the current level of 8.5% to 8.0%. The analysis
should be for the same period as items 1-3 above. It should be noted that this was a specific recommendation of the
City's Pension Consultant. The General Employee Plan is already at the 8.0% assumed rate of return.
2. Calculate the impact of changing the funding method from Frozen Initial Liability (FIL) to Entry Age Normal
(EAN). The analysis should be for the same period as items 1-3 above. It should be noted that this was a specific
recommendation of the City's Pension Consultant. The General Employee and Fire Pensions are already using the
Entry Age Normal funding method.
3. Based on the 10/01/05 Actuarial Valuation prepared by Gabriel Roeder, Smith & Company, plan actuary, calculate
the long-term financial impact of changing the Police Pension system from a 3.0% multiplier to 3.5%. We need to
ascertain how long the impact analysis should be for (5, 10, 15,20 or 30 years).
4. Based on the 10/01/05 Actuarial Valuation prepared by Gabriel Roeder, Smith & Company, plan actuary, calculate
the long-term financial impact of changing the Fire Pension system from a 3.0% multiplier to 3.5%. We need to
ascertain how long the impact analysis should be for (5,10,15,20 or 30 years).
5. Based on the I 0/0 I/O 5 Actuarial Valuation prepared by Gabriel Roeder, Smith & Company, plan actuary, calculate
the long-term financial impact of changing the General Employee Pension system from a 3.0% multiplier to 3.5%.
We need to ascertain how long the impact analysis should be for (5, 10, 15,20 or 30 years).
6. Establish a list of local municipalities as comparables to the City to survey the plan benefits of their Police Pension
Fund, including the multiplier currently used by their plan and any other pertinent information requested by the
Commission. The purpose of the analysis is to make sure that the City's pension benefits are competitive with
appropriate comparable communities.
PROGRAM IMPACT:
I. The new restatement amends language pertaining to the distribution methodology in section 18-169. Instead of using
percentages we are using units to identify value and this will reduce the confusion factor now plaguing the retirees. We
are adopting language in Section 18- 172 Buyback of prior service. The new plan restatement would allow police officers
the opportunity to purchase prior service time in the armed forces of the United States of America, even if they are
receiving or will receive a pension benefit from the military. Also section 18-175 has been amended to provide for some
income tax incentives. This allows members to select a suitable year for distributions pertaining to their individual
income tax consequences.
PROGRAM IMPACT (continued):
II. Based on information and recommendation from the Police Pension Fund, the increase in the multiplier from 3.00% to
3.50% would make the Boynton Beach Police Pension Plan a more competitive retirement program when comparing
Boynton Beach to other local municipalities, including the Cities of Delray Beach and Boca Raton, and their Police
retirement plans. This could provide a boost in morale knowing that the City of Boynton Beach has chosen to hold in
high esteem their law enforcement personnel. This will also enable the BBPD to continue its ability to recruit and retain
police recruits that are at the highest caliber in the profession.
SIBULLETJNIFORMSIAGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the actuarial impact statement of January 11,2006 and the subsequent review of the proposed
increase in the multiplier by the Segal Company, the City's pension consultant, this proposed change in Police Pension
benefits will result in no increase in cost to the City. The change in the benefit formula and increase in plan benefits results in
increased employer costs of approximately $385,000. This analysis is based on a one-year cost and on the October 2004
actuarial figures. However, the Police Pension Board has proposed changing from the Frozen Entry Age funding method to
the Entry Age funding method, which was suggested by our pension consultant, which results in a decrease in the City's
required contribution of almost $668,000. This analysis is based on a one-year cost and on the October 2004 actuarial figures.
In addition, the Police Pension Board is proposing that the assumed interest rate be reduced from 8.50% to 8.00%, which
serves to provide greater stability to the fund and lessen fluctuations in funding requirements in the future, but actually
increases the City's contribution by approximately $269,000. This analysis is based on a one-year cost and on the October
2004 actuarial figures. When the cost impact of all three factors is combined, the resulting difference is negligible. This
analysis is based on a one-year cost and on the October 2004 actuarial figures. The other proposed modifications included
in the new article have been determined to have no cost impact to the City as well. The analysis was based on a "snapshot in
time" and will be supplemented by a long-term cost analysis once direction from the Commission is obtained.
ALTERNATIVES:
I. Remain with the current Police Pension Code which is not as clear and concise as the new article.
II. Maintain the current multiplier of 3.00%, but implement the other changes to the actuarial assumptions.
Ill. Proceed with the code changes except for the changing the 3.0% multiplier to 3.5%, not change the funding method using
the frozen initial liability (FIL) --- 15 years and not change the assumed investment return from 8.5% to 8.0%.
Police Pension Plan
Department Name
Department Head's Signature
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Cn1L-
SEGAL
I-HE SEGAL COMPANY
2018 Powers Ferry Road. Suite 850 Atlanta GA 30339-5003
T 678.306.3100 F 678.3063190 vN1W.segalcocom
March 30, 2006
Mr. Bill Mummert
Director of Financial Services
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-03 I 0
Re: Review of Proposed Police Pension Plan Changes Included in the January 11,2006
Letter from Mr. Palmquist to Ms. LaDue
Dear Bill:
The following summarizes our review of the above changes.
The current total cost of the plan is 42.68% of covered payroll. Of this, 7% is paid by the
employee. The remaining 35.68% is paid for by a combination of city and state contributions.
State contributions are paid pursuant to Chapter 185, and are to be used for extra benefits for
police officers above the benefits paid for general employees. The current amount of allowable
credit for state revenue is $465,087, which reflects the base amount of $427,874 plus subsequent
benefit improvements. All monies in excess of $465,087 annually are allocated pursuant to
Section 18-169F of the City Code. The police plan benefits are better than general employee
benefits in several areas, including earlier ages for normal eligibility and more generous post-
retirement death benefits and disability benefits. As of the most recent valuation date the
required employer contribution for the Police Plan was 35.67% which was 22.23% more than the
13.44% required for the general employees. Recognition of the change to Entry Age Normal,
without the 3.5% multiplier and the change to an 8% investment return assumption, creates a
difference between the two plans of 13.03%. This is significantly greater than the 6.45% of
payroll that the state contribution represents.
1. Changes in the benefit multiplier from 3% to 3.5%.
Changing the benefit formula to 3.5% is a 16.7% increase in plan benefits. When adjusted for
joint and survivor coverage and expected inflation after retirement, the projected benefit
amounts provide reasonable replacement income levels when eventually combined with
Social Security. The increases in required contributions and liability shown in the exhibits
Benefits, Compensation and HR Consulting ATLANTA BOSTON CALGARY CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES
MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX PRINCETON RALEIGH SAN FRANCISCO TORONTO WASHINGTON. D.C.
Multinational Group of Actuaries and Consultants BARCELONA BRUSSELS DUBLIN GENEVA HAMBURG JOHANNESBURG LONDON MELBOURNE
MEXICO CITY OSLO PARIS
Mr. Bill Mummert
March 30, 2006
Page 2
attached to the January II letter are consistent with expectations for this magnitude of change
and in our opinion fairly represent this change.
This change will increase the City's required contribution by $384,553, or 5.34% of covered
payroll.
2. Changes in the funding method from Frozen Initial Liability (FIL) to Entry Age Normal
(EAN).
We support and encourage the change to Entry Age Normal (EAN) from Frozen Initial
Liability (FIL). This method will provide a better long-term representation of the cost of the
plan and more fairly spread plan costs over generations of taxpayers. The results shown in
the attachments to the January 11 letter fairly represent the change in liability and required
contributions expected from moving to EAN. The change to EAN moves prior actuarial gains
and losses from the normal cost to the actuarial accrued liability, and this changes the
amortization of this liability piece from the future working lifetime of the active employees
to a set 30-year amortization period.
This change will reduce the City's required contribution by $667,842, or 9.27% of covered
payroll. These numbers include the change in item 1 above.
3. Changes in assumed investment return rate from 8.5% to 8%.
We support and encourage the change to an 8% investment return assumption. We believe
this change will more accurately reflect the value of liabilities and assets of the plan in future
years. We note that the plan actuary did not change the salary scale in conjunction with this
change. Therefore, this leaves the inflation assumption at 4%, effectively making the
economic set of assumptions more conservative than was previously the case.
This change will increase the City's required contribution by $269,217, or 3.74% of covered
payroll. These numbers include the changes in itemS I and 2 above.
With all the above changes, the Annual Required Contribution (ARC) decreases slightly from
29.22% of pay to 29.03% of pay. The funding percentage decreases from 71.6% to 64.5%. The
decrease in funding percentage is due to the increased benefit level and the increase in liability
due to using a lower investment return assumption. The ARC changes slightly due to amortizing
the changes over a 30-year period rather than the future working lifetime of the active
employees.
The changes to EAN and 8% should serve to stabilize'the City's contribution rates. Under EAN
gains and/or losses will be amortized over 30 years rather than the future working lifetime of
covered employees. The 8% assumption is more attainable than the 8.5% and this should lower
the possibility of investment losses in the plan.
Mr. Bill Mummert
March 30, 2006
Page 3
Please feel free to contact me at 678-306-3] ] 9 to discuss any of the above items.
Sincerely,
~?/
Leon F. (Rocky) Joyner, Jr.
Vice President
LFJ/jh
136197/07011.001
ORDINANCE
,2006
April 23, 2004
August 24, 2004
February 28, 2005
May 16, 2005
October 6,2005
November 29, 2005
December 2,2005
December 16, 2005
January 20, 2006
March 7. 2006
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REPEALING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH
CODE OF ORDINANCES, ENTITLED "PENSIONS FOR POLICE
OFFICERS," AND ADOPTING A NEW ARTICLE III IN REPLACEMENT
THEREOF TO BE ENTITLED "MUNICIPAL POLICE OFFICERS'
RETIREMENT TRUST FUND;" PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND,
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the State Legislature of the State of Florida has enacted numerous
amendments to Chapter 185, Florida Statutes, known as the Municipal Police Officers'
Retirement Trust Funds; and
WHEREAS, the City Commission of the City of Boynton Beach, Rorida, desires to
revise its Police Officers' Pension Ordinance in order to comply with State Statutes and to
provide pension benefits to its police officers;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing 'WHEREAS" clauses are hereby certified as being true
and correct and are incorporated herein by this reference
Section 2. Article II I of Chapter 18 of the Boynton Beach Code of Ordinances is
hereby repealed and a new Article III of Chapter 18 is hereby adopted as follows:
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Words in underscored type are additions.
Page 1 of 64
ARTICLE III. MUNICIPAL POLlCE OFFICERS' RETIREMENT TRUST FUND
Section 18-164.
Creation and Maintenance of Fund and Retirement System
A. There is hereby created a special pension fund for the Police Officers of
Boynton Beach, Florida, to be known as the Boynton Beach Police Officers'
Pension Fund. All assets of every description held in the name of the
Boynton Beach Police Officers' Retirement Trust Fund shall continue to be
held, but such fund shall hereafter be known as the Boynton Beach Police
Officers' Pension Fund and shall be administered as set forth in this Article
of Chapter 18 of the City of Boynton Beach Code.
B. The Fund shall be maintained in the following manner:
1. By payment to the Fund of the net proceeds of the .85% excise tax
which is imposed by the City of Boynton Beach upon certain casualty
insurance companies on their gross receipts of premiums from
holders of policies, which policies cover property within the corporate
limits of the City of Boynton Beach as authorized in Chapter 185,
Florida Statutes, amended. These amounts are to be deposited with
the Board of Trustees within five (5) days of receipt by the
municipality. Chapter 185, Fla. Stat.
2. By the payment to the Fund of seven percent (7%l-of the salary of
each full time police officer duly appointed and enrolled as a member
of the City of Boynton Beach Police Department; which seven percent
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Words in underscored type are additions.
Page 2 of 64
{7%) shall be picked up, rather than deducted, by the City of Boynton
Beach from the compensation due to the Police Officer and paid over
to the Board of Trustees of the Boynton Beach Police Officers'
Pension Fund on a bi-weekly basis. All pickup contributions shall be
treated as employer contributions for the purposes of determining tax
treatment under the Intemal Revenue Code of 1986, as amended. All
such pick up amounts shall be considered as employee contributions
for purposes of this plan. The percentage deducted from the police
officers' salaries are to be deposited with the Board of Trustees
immediately. Chapter 185, Fla. Stat., Boynton Beach Code of
Ordinances Sec. 18-170.
3. By all fines and forfeitures imposed and collected from any police
officer because of the violation of any rule and regulation adopted by
the Board of Trustees. Chapter 185, Fla. Stat.
4. By mandatory payment at least quarterly by the City of Boynton
Beach a sum equal to the normal cost and the amount required to
fund any actuarial deficiency shown by an actuarial valuation as
provided in Part VII of Chapter 112, Florida Statutes. Chapter 185,
Fla. Stat. On an annual basis, the Board of Trustees will evaluate the
actuarial assumptions used.
5. By all gifts, bequests, and devises when donated to the fund. Chapter
185, Fla. Stat.
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6. By all accretions to the fund by way of interest or dividends on bank
deposits, or otherwise. Chapter 185, Fla. Stat.
7. By all other sources or income now or hereafter authorized by law for
the augmentation of the Boynton Beach Police Officers' Pension
Fund. Chapter 185, Fla. Stat.
C. Under no circumstances may the City of Boynton Beach reduce the member
contribution to less than one-half (~) of one percent (1 %) of salary. Chapter
185, Fla. Stat.
Section 18-165. Definitions.
A. The following words or phrases, as used in this ordinance, shall have the
following meaning:
1. "Actuarial Equivalence" or "Actuarially Equivalent" means that any
benefit payable under the terms of this Plan in a Form other than the
normal form of benefit shall have the same actuarial present value on
the date payment commences as the normal form of benefit. For
purposes of establishing the actuarial present value of any form of
payment, all future payments shall be discounted for interest and
mortality by using eight percent (8%) interest and the 1983 Group
Annuity Mortality Table, blending eighty percent (80%) Males and
twenty percent (20%) Females, with ages set ahead five @ years in
the case of disability retirees.
2.
"Average final compensation" shall mean the average total
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remuneration received by a police officer during the best five (5)
years of service with the city within the last ten.l1Q). Chapter 185,
Fla. Stat., Boynton Beach Code of Ordinances Sec. 18-168, as
amended by Ordinance No. 000-18 and 00-004.
3. "Compensation" or "salary" shall mean the total cash remuneration
including lump sum payments for accumulated sick and vacation
leave and "overtime" paid by the primary employer to a police officer
for services rendered, but not including any payments for extra duty
or a special detail work performed on behalf of a second party
employer paid directly to the police officer by the second party
employer. This definition also excludes severance pay and other
similar payments which are not for services rendered. The member's
compensation or salary contributed as employee-elective salary
reductions or deferrals to any salary reduction, deferred
compensation, or tax-sheltered annuity program authorized under the
Internal Revenue Code shall be deemed to be the compensation or
salary the member would receive if he or she were not participating
in such program and shall be treated as compensation for retirement
purposes under this ordinance Article. For any person who first
becomes a member in any P .Elan year beginning on or after January
1, 1996, compensation for any p Plan year shall not include any
amounts in excess ofthe Internal Revenue Code. section, 401 (a)(17)
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of the Internal Revenue Code limitation (as amended by the Omnibus
Budget Reconciliation Act of 1993), which limitation of $150,000 shall
be adjusted as required by federal law for qualified govemment plans
and shall be further adjusted for changes in the cost of living in the
manner provided by Internall<evenue Code section: 401 (a)(17)(B) of
the Internal Revenue Code. For any person who first became a
member prior to the first plan year beginning on or after January 1,
1996, the limitation on compensation shall be not less than the
maximum compensation amount that was allowed to be taken into
account under the plan as in effect on July 1, 1993, which limitation
shall be adjusted for changes in the cost of living since 1989 in the
manner provided by Internall<evenue Code section: 401 (a)( 17)(B) of
the Internal Revenue Code (1991 ). Chapter 185, Fla. Stat.
4. "Creditable service" or "credited service" shall mean the aggregate
number of years of service and fractional parts of years of service of
any police officer, omitting intervening years and fractional parts of
years when such police officer may not have been employed by the
municipality subject to the following conditions:
a. No police officer will receive credit for years or fractional parts
of years of service if he or she has withdrawn his or her
contributions to the fund for those years or fractional parts of
years of service, unless the police officer repays into the f
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fund the amount he or she has withdrawn, plus interest as
determined by the board in accordance with 918-172.
b. A police officer may voluntarily leave his or her contributions in
the Fund for a period of five (5} years after leaving the employ
of the police department, pending the possibility of his or her
being rehired by the same department, without losing credit for
the time he or she has participated actively as a police officer.
If he or she is not reemployed as a police officer with the same
department within five (5} years, his or her contributions shall
be returned to him or her without interest.
c. In determining the creditable service of any police officer,
credit for up to five (5Lyears of the time spent in the military
service of the Armed Forces of the United States shall be
added to the years of actual service, if:
(1) The police officer is in the active employ of the
municipality prior to such service and leaves a position,
other than a temporary position, for the purpose of
voluntary or involuntary service in the Armed Forces of
the United States.
(2) The police officer is entitled to reemployment under the
provisions of the Uniformed Services Employment and
Reemployment Rights Act.
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(3) The police officer returns to his or her employment as
a police officer of the municipality within one (1) year
from the date of his or her release from such active
service.
d. Continuous service with the employer shall not be broken in
the event of :
(1) Absence on an approved leave of absence;
(2) Absence from work because of occupational injury or
disease incurred in employment for which a police
officer is entitled to Workers' Compensation payments;
(3) Absence due to service in the armed forces of the
United States provided the officer shall re-enter
employment with the City within one (1) year of
discharge.
Chapter 185, Fla. Stat.
5. "Beneficiary" shall mean any person, including the estate of the
member, who is entitled to receive a pension benefit payable from the
Boynton Beach Police Officers' Pension Fund upon the death of a
member or participant. Chapter 185, Fla. Stat.
6. "Fund" or "Police Officers' Pension Fund" shall mean the Boynton
Beach Police Officers' Pension Fund. Chapter 185, Fla. Stat.
7.
"Plan year" shall mean the fiscal year commencing October 1 st and
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ending the following September 30th. Boynton Beach Code of
Ordinances Sec. 18-171, Ord. No. 90-23, 91,8-7-90.
8. "Police officer" shall mean any person who is elected, appointed or
employed full time by the City of Boynton Beach, who is certified or
required to be certified as a law enforcement officer in compliance
with 9943.1395, Florida Statutes, who is vested with authority to bear
arms and make arrests, and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal,
criminal, traffic or highway laws of the state. This definition includes
all certified supervisory and command personnel whose duties
include, in whole or in part, the supervision, training, guidance, and
management responsibilities of full-time law enforcement officers,
part-time law enforcement officers or auxiliary law enforcement
officers as the same are defined in 9943.10(6) and (8), Florida
Statutes. Chapter 185, Fla. Stat.
9. "Retiree" or "retired police officer" shall mean a police officer who has
entered retirement status. For the purposes of the Deferred
Retirement Option Plan (DROP), a police officer who enters the
DROP shall be considered a retiree for all purposes of the plan.
Chapter 185, Fla. Stat.
10. "Retirement" shall mean a police officer's separation from City
employment with immediate eligibility for receipt of benefits under the
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plan. For purposes of the DROP, "retirement" means the date a
police officer enters the DROP. Chapter 185, Fla. Stat.
B. The masculine gender includes the feminine and words of the singular with
respect to persons include plural and vice versa.
Section 18-166. Board of Trustees Created.
A. Board of Trustees. There is hereby created a Board of Trustees of the
Boynton Beach Police Officers' Pension Fund which shall be solely
responsible for administering the Pension Fund. The Board of Trustees shall
be a legal entity, with the power to bring and defend lawsuits of every kind,
nature and description, and to the extent required to accomplish the intent,
requirements and responsibilities provided for in this ordinance Article. The
Board shall consist of five @ tIrustees as follows:
1. Two ill legal residents of the City, who shall be appointed by the City
Council Commission. Each City Trustee shall serve at the pleasure
of the City Council Commission. Each City Trustee may succeed
himself or herself as a Trustee.
2. Two ill police officer participants of the City of Boynton Beach Police
Officers Pension Fund, who are elected by a majority of the police
officer participants in the Fund. Elections shall be held under such
rules and regulations as the Board of Trustees shall from time to time
adopt. Each police officer tIrustee shall serve as a Trustee for a
period of two ill years, unless he or she sooner ceases to be a police
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officer in the employ of the Boynton Beach Police Department,
whereupon their successor shall be elected by a majority of the
participants of the Boynton Beach Police Officers' Pension Fund.
Each police officer tIrustee may succeed himself or herself as a t
Irustee .
3. A fifth tTrustee shall be chosen by the majority of the other four ffi
tIrustees. This fifth tIrustee 's name shall be submitted to the City
Council Commission, which shall, as a ministerial duty, appoint such
person to the Board as a fifth tIrustee. The fifth tIrustee shall serve
as a tIrustee for a period of two m years, and may succeed himself
or herself as a tIrustee.
Chapter 185, Fla. Stat.
B. Board Vacancies; Procedures to Fill Same. In the event at Irustee
provided for in Section 18-166(A)(2) ceases to be a police officer in the
employ of the City of Boynton Beach Police Department, he shall be
considered to have resigned from the Board of Trustees. In the event such
a tIrustee shall resign, be removed, or become ineligible to serve as t
Irustee, the Board shall, by resolution motion, declare that office oft Irustee
vacated as of the date of adoption of such resolution motion. If such a
vacancy occurs in the office of t Irustee within ninety (90) days of the next
succeeding election for tlrustee, the vacancy shall be filled at the next
regular election for the unexpired portion of the term; otherwise, the vacancy
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shall be filled for the unexpired portion of the term at a special election called
by the Board. In the event at Irustee provided for in Section 18-166(A)(1)
and (3) shall resign, be removed or become ineligible to serve as t Irustee,
the Board shall, by resolution motion, declare that office of Trustee vacated
as of the date of adoption of the resolution motion. The successor for the
unexpired portion of the term shall be chosen in the same manner as an
original appointment.
C. Board Meetings: Quorum: Procedures. The Board of Trustees shall hold
meetings regularly, at least once each quarter and shall designate the time
and place thereof. At any meeting of the b aoard, three Q) t- Irustees shall
constitute a quorum. Each t Irustee shall be entitled to one ill vote on each
question before the Board and at least three Q) concurring votes shall be
required for a decision by the Board at any of its meetings. The Board shall
adopt its own rules and procedures and shall keep a record of its
proceedings. All meetings of the Board shall be open to the public. No
t Irustee shall take part in any action in connection with their own
participation in thef Eund, and no unfair discrimination shall be shown to any
individual police officer participating in the fEund.
1. Board Chairman and Secretary.
a. The Board of Trustees shall, by majority vote, elect from its
members a Chairman and a Secretary.
b. The secretary of the Board shall keep:
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(1) a complete minute book of the actions, proceedings or
hearings of the Board;
(2) A record of all persons receiving retirement payments
under the plan which includes the time when the
pension is allowed and when the pension shall cease to
be paid; and
(3) A list of all police officers employed by the municipality
which includes the name, address and dates of hire and
termination.
D. Compensation. The t Irustees of the Boynton Beach Police Officers'
Pension Fund shall not receive any compensation for their services as such,
but may receive expenses and per diem when performing official duties in
administering the fund.
Section 18-167. Powers of the Board of tIrustees.
A. The Board of Trustees may:
1. Invest and reinvest the assets of the Boynton Beach Police Officers'
Pension Fund in annuity and life insurance contracts of life insurance
companies in amounts sufficient to provide, in whole or in part, the
benefits to which all the participants in the municipal police officers,
retirement trust fund Pension Fund shall be entitled under the
provisions of this ordinance Article and pay the initial and subsequent
premiums thereon from the integral part of the Fund. If current state
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contributions are adequate to fund minimum requirements of Chapter
185, Florida Statutes additional State funds may be used to provide
benefits that exceed requirements of Chapter 185.
2. Invest and reinvest the assets of the retirement trust fund in:
a. Time or savings accounts of a national bank, a state bank
insured by the Bank Insurance Fund, or a savings and loan
association insured by the Savings Association Insurance
Fund which is administered by the Federal Deposit Insurance
Corporation or a state or federal chartered credit union whose
share accounts are insured by the National Credit Union Share
Insurance Fund.
b. The aggregate investment of fEund assets in:
(1) Obligations of the United States or obligations
guaranteed as to principal and interest by the
Government of the United States;
(2) Bonds issued by the State of Israel;
(3) Bonds or other evidences of indebtedness issued or
guaranteed by a corporation organized under the laws
of the United States, any state or organized territory of
the United States, orthe District of Columbia. However,
the average rating of such investments in bonds shall
be no lower than AA-;
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(4) County bonds containing a pledge of the full faith and
credit of the county involved, bonds of the division of
bond finances of the department of general services, or
of any other state agency, which have been approved
as to legal and fiscal sufficiency by the state board of
administration; and
(5) Obligations of any municipal authority issued pursuant
to the laws of this state; provided, however, that for
each of the five @ years next preceding the date of
investment the income of such authority available for
fixed-charges shall have been not less than 1.5 times
its average annual fixed-charges requirement over the
life of its obligations; shall not at cost exceed sixty-five
percent (65%} of the fund's assets; nor shall more than
ten percent (10%} of the fund's assets be invested in
the bonds or other certificates of indebtedness of any
one ill issuing company; not shall the aggregate of
such investment in anyone ill issuing company exceed
three percent (3%} of the outstanding bonds or other
certificates of indebtedness of that company.
c. The aggregate investment of fEund assets in the common
stock or capital stock issued by a corporation organized under
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the laws of the United States, any state, or organized territory
of the United States or the District of Columbia shall not, at
market, exceed sixty-five percent {65%} of the fund's assets;
nor shall more than five percent {5%} of the fund's assets be
invested in common stock or capital stock of anyone ill
issuing company; nor shall the aggregate of such investment
in anyone ill issuing company exceed three percent {3%} of
the outstanding common or capital stock of that company. The
Board of Trustees may invest up to ten percent (10%) of plan
assets in foreign securities up to the limits permitted by Florida
Statutes ~185.06(b).
d. Real Estate, except that the aggregate investment of fEund
assets in Real Estate may not exceed ten percent {10%} of
assets
3. Issue drafts upon the Boynton Beach Police Officers Pension Fund
pursuant to this ordinance Article and rules and regulations prescribed
by the Board of Trustees. All such drafts shall be consecutively
numbered and shall be signed by the Chairman and Secretary of the
Board or their designee and shall state upon their faces the purpose
for which the drafts are drawn. The City Treasurer shall retain such
drafts when paid, as permanent vouchers for disbursements made,
and no money shall be otherwise drawn from the Fund.
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4. Convert into cash any securities of the Fund as it may deem
advisable, having regard for the cash requirements of the fund.
5. Keep complete record of all receipts and disbursements and of the
Boards, acts and proceedings.
6. The b6.oard of t- Irustees may cause any investment in securities held
by it to be registered in or transferred into its name as trustee or into
the name of such nominee as it may direct but the books and records
shall at all times show that all investments are part of the fEund.
B. The sole and exclusive administration of, and the responsibilities for, the
proper operation of the retirement fund and for making effective the
provisions of this chapter are vested in the b.6.oard of tIrustees.
C. The Board of Trustees shall retain a professionally qualified independent
consultant who shall evaluate the performance of any existing professional
money manager and shall make recommendations to the bBoard of t
Irustees regarding the selection of money managers, if necessary. The term
"professionally qualified independent consultant" shall have the meaning as
set forth in Florida Statutes S185.06(5)(b), Florida Statutes.
D. The Board of Trustees may employ such independent professional, technical
or other advisers as may be needed to fulfill the Board's responsibilities
under this p.Eension p.Elan. These professionals include but are not limited
to: legal counsel, actuary and certified public accountants. If the Board
chooses to use the City's legal counsel, actuary or other professional,
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technical or other advisers, it must do so only under terms and conditions
acceptable to the Board.
Chapter 185, Fla. Stat., Code 1958, ~21-86; Ord. No. 83-11,211,4-19-83; Ord. No. 83-42,
~1, 12-6-83; Ord. No. 90-28, ~1, 9-5-90; Ord. No. 099-20, ~2; Ord. No. 02-004; Ord. No.
02-034 ~ 1 .
Section 18-168. Membership
All police officers who are participants in the Fund as of the effective date of this
ordinance shall be members of this retirement system. Each police officer shall be
included in this plan on the date of hire.
Section 18-169. Requirements for Retirement-Benefit Amounts.
A. Normal Retirement
1 . Normal Retirement Date. The normal retirement date of each police
officer shall be the first day of the month coinciding with, or next
following, the date on which he or she has attained and completed
twenty (20) years of service or the first day of the month coinciding
with or next following the date on which he or she has attained age
fifty-five (55) and completed ten (10) years of service or age fifty (50)
and completed fifteen (15) years of service.
(Ord. No. 81-28, ~1, 9-15-81; Ord. No. 000-18, ~4, 6-6-00; Ord. No.
02-004 ~1)
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2. Normal Retirement Benefit. The normal retirement benefit payable to
a police officer who retires on or after the normal retirement date shall
be an amount equal to the number of years of his or her credited
service multiplied by three and one half percent (3.5%) of his or her
average final compensation. (Code 1958, ~21-85, Ord. No. 099-20,
7-20-99)
3. Form of Benefit. A retired police officer's retirement benefit normally
shall be payable in the form of a monthly life annuity with 120 monthly
payments guaranteed. This form of annuity provides for a retirement
benefit payable monthly to the retired employee during their lifetimes
with a guarantee that not less than 120 monthly retirement benefits
shall be paid, even if the retired employee dies prior to the receipt of
120 payments. (Florida Statutes Chapter 185, Ord. No. 000-18, ~1,
6-6-00 )
B. Early Retirement.
1. Early Retirement Date An employee who has attained age fifty (50)
and completed at least ten (10) years of credited service may elect to
terminate employment and retire on an Early Retirement Date which
may be the first day of any month after ten (10) years of service and
attainment of age fjfiyJ50}.
2. Early Retirement Benefit. The monthly amount of early retirement
benefits payable to a police officer who retires on the Early
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Retirement date shall be determined in accordance with Sec. 18-
169{A) based on credited service to the early retirement date subject
to an actuarial reduction of one and one-half percent (1.5%) per year
of service to take into account the police officer's younger age and the
earlier commencement of retirement benefits. The early retirement
benefit shall be paid in accordance with ~18-169{A).
Florida Statutes Chapter 185; Ord. No. 02-004 ~1.
C. Disability Retirement.
1. Service Incurred. Any member who receives a medically
substantiated service connected injury, disease or disability which
injury, disease or disability totally and permanently disabled him orher
to the extent that in the opinion of the Board of Trustees, he or she is
wholly prevented from rendering useful and efficient service as a
police officer shall receive a monthly benefit equal to sixty-six and
two-thirds percent 66 % 2/3% of his basic rate of earnings in effect on
the date of disability. Such benefit shall be payable on the first day of
each month, commencing on the first day of the month following the
latter to occur of the date on which the disability has existed for three
(3) months and the date the b~oard of tIrustees approved the
payment of such retirement income. A disability retiree may select
from the optional forms of benefits available to service retirees in
accordance with section 18-170. In the event of recovery prior to the
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otherwise normal retirement date, credit for service during the period
of disability shall be granted for purposes of subsequent retirement
benefits. Subsequent retirement benefits will be actuarially reduced
to account for the benefits that were paid during the period of
disability. The amount of the disability benefit payment from the fund
shall be reduced by any amounts paid from worker's compensation
and the federal social security system. The reduction for social
security benefits shall be in the amount of the primary insurance
amount (PIA) only, and future increases, if any, in the disabled
member's social security disability benefits shall not serve to reduce
any further the disability benefit from the fund. The reduction for
social security shall terminate upon the attainment of age sixty-five
.(65). The pension benefit may only be reduced to the extent that the
total of the benefits from this Fund, workers' compensation and social
security benefits exceed one hundred percent 100% of the disabled
member's basic rate of earnings on the date of disability. However,
in all cases the benefit will be at least forty-two percent (42%} of
average final compensation.
Any condition or impairment of health of a member caused by
tuberculosis, hypertension, heart disease, hardening of the arteries,
hepatitis, or meningococcal meningitis resulting in total or partial
disability or death, shall be presumed to be accidental and suffered
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Page 21 of 64
in the line of duty unless the contrary be shown by competent
evidence. Any condition or impairment of health caused directly or
proximately by exposure, which exposure occurred in the active
performance of duty at some definite time or place without willful
negligence on the part of the member, resulting in total or partial
disability, shall be presumed to be accidental and suffered in the line
of duty, provided that such member shall have successfully passed
a physical examination upon entering such service, which physical
examination including electrocardiogram failed to reveal any evidence
of such condition. In order to be entitled to presumption in the case
of hepatitis, meningococcal meningitis, or tuberculosis, the member
must meet the requirements of 9112.181, Florida Statutes. The final
decision whether a member meets the requirements for duty disability
pension rests with the b Board and shall be based on substantial
competent evidence on the record as a whole.
2. Nonservice incurred. Effective October 1,2000, any member with ten
(10) years of continuous service who receives a nonservice incurred
injury, illness, disease or disability, and which illness, injury, disease
or disability totally and permanently disables him to the extent that, in
the opinion of the b.6.oard of tIrustees, he is wholly prevented from
rendering useful and efficient service as a police officer, shall receive
from the fund in equal monthly installments an amount equal to three
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and one half percent (3.5%) of his average final compensation for
each year of continuous service until death or recovery from disability
whichever shall first occur, provided, however, the maximum benefit
to which a member may become entitled under this paragraph shall
not exceed sixty percent (60%) of his average final compensation
during said period, but in all cases the benefit will be at least twenty-
five percent (25%) of average final compensation during said period.
Such benefit shall be payable on the first day of each month,
commencing on the first day of the month following the latter to occur
of the date on which the disability has existed for three (3) months
and the date the b.!2oard of tIrustees approved the payment of such
retirement income.
3. Medical Board. Whenever it becomes necessary for the board to
avail itself of the services of physicians in the case of an application
for disability retirement, the board shall designate a medical board to
be composed of competent medical authorities and/or specialists, as
needed. The medical board shall arrange for and pass upon the
medical examinations required under the provisions of this section,
shall investigate all essential statements or certificates made by or on
behalf of a member in connection with an application for disability
retirement and shall report in writing to the b.!2oard its conclusions and
recommendations upon all matters referred to it. The payment for
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such services shall be determined by the b .!2oard.
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4. Return to active duty from disability retirement. In the event a
member who has been retired on a pension on account of permanent
and total incapacity regains his health and is found by the medical
board designated by the b~oard to be in such physical and mental
condition as to meet the requirements of the personnel department for
service as a police officer of the city, the b~oard shall order his
pension discontinued, and he shall be ordered to resume active duty
in the city at the same rate of compensation currently in effect for his
pay grade. The b~oard shall review periodically, in its discretion, the
condition of any member receiving a pension for disability and if there
is substantial evidence that the retired member is capable of
performing service acceptable to the city as a police officer, he shall
be ordered to resume active duty and his pension shall be
discontinued.
5. Disability Exclusions. No member shall be granted a disability
pension upon a showing to the satisfaction of the bBoard:
a. That the disability resulted from an intentionally self-inflicted
wound, injury or ailment, or
b. That the disability resulted from excessive and habitual use of
narcotics, drugs, or intoxicants (alcoholic beverages);
c. That the disability resulted from an injury or disease sustained
by the police officer while willfully and illegally participating in
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fights, riots, civil insurrections or while committing a crime;
d. That the disability resulted from an injury or disease sustained
by the police officer while serving in any armed forces;
e. That the disability resulted from an injury or disease sustained
by the police officer after employment has been terminated; or
f. That, in the case of a duty disability only, the disability resulted
from an injury or disease sustained by the police officer while
working for anyone other than the City and arising out of such
other employment.
6. Further disability provisions. Each member applying for a service
incurred disability benefit from this fund shall be required to apply for
disability benefits under social security, and, if applicable, workers'
compensation. Furthermore, each person granted a service incurred
disability shall be required to submit to the b.!2oard , no later than
March 1 st of each year, a statement showing the monthly amount of
social security (PIA only) and workers' compensation benefits
received by him or her as of March 1st, Willful refusal by such
persons to comply with these regulations shall be grounds for the
termination of or non approval of disability benefits from this system.
However, the b .!2oard shall exercise its discretion in each case.
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D. Death benefit.
1. If any member shall die prior to retirement or other termination of
employment with the city and that death is found by the Board of
Trustees to have occurred in the line of duty regardless of the years
of service, a death benefit shall be payable to the deceased member s
spouse. The benefit shall equal three and one half percent (3~%} of
average final compensation for each year of continuous service;
provided, however, the benefit will be at least thirty percent (30%} of
average final compensation. It shall be payable in equal monthly
installments commencing the first day of the month following the date
of death and ceasing upon the death of the spouse. If there is no
spouse, the benefit, if any, will be paid to the deceased participant's
estate.
2. If any member with at least ten (10) years of continuous service shall
die prior to retirement or other termination of employment with the
city, a death benefit shall be payable to the deceased members
spouse. The benefit shall equal three and one half percent (3.5%) of
average final compensation for each year of continuous service. It
shall be payable in equal monthly installments commencing the first
day of the month following the date of death and ceasing upon the
death or remarriage of the spouse. If there is no spouse, the benefit,
if any, will be paid to the deceased participant's estate.
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(Florida Statutes 9185, Code 1958, 921-87; Ord. No. 78-6, 91, 3-7-78;
Ord. No. 000-18, 92, 6-6-2000; Ord. No. 02-004, 91)
3. If a member dies before being eligible to retire, the heirs, legatees,
beneficiaries or personal representatives of such deceased member
shall be entitled to a refund of 100% of the contributions made by the
member to the Fund, without interest.
E. Separation from Service.
1. Effective for terminations on and after October 1,2002, if a member
leaves the service of the City before accumulating aggregate time of
5 years toward retirement and before being eligible to retire, such
member shall be entitled to a refund of all of his or her contributions
made to the Fund, without interest.
2. If any member who had been in the service of the City for at least ten
{10j years elects to leave his or her accrued contributions in the Fund,
such police officer upon attaining age fif!y150j years or more (without
reaching what would have been twenty years of service had he not
terminated his employment) may receive an early retirement benefit
at the actuarial equivalent of the amount of such retirement income
otherwise payable to him or her at early retirement or upon attaining
what would have been normal retirement had he not terminated his
employment, such police officer may receive his or her accrued
normal retirement benefit.
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3. Effective for terminations after October 1, 2002, if any member who
had been in the service of the City for at least five (5} years elects to
leave his or her accrued contributions in the Fund, such police officer,
upon attaining what would have been normal retirement had he not
terminated his or her employment, may receive the accrued normal
retirement benefit.
Fla. Stat. Chapter 185; Ord. No. 02-063, ~2.
F. Monthly Supplemental Benefits.
1. Effective October 1, 2006, any eligible retiree, including DROP
participants, or beneficiary receiving pension benefits is entitled to a
monthly supplemental pension benefit. The benefit pool will be
funded by one hundred percent (100%} of the annual earnings and
ten percent (10%} of the principal created by the contributions set
forth in sub-paragraph Q 4- below.
a. Such benefit will be funded by a one (1 %) contribution from the
Members and a one (1 %) contribution from the 185 monies.
The Member and the 185 contributions shall be effective
October 1, 2001. Emplovees will contribute to this benefit
through twenty (20) years of service.
b. The distribution provided for in this paragraph shall be divided
among eligible retirees on a pro-rata basis in shares. The
shares shall be determined based upon the sum of an eligible
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retiree's years and partial years of credited seNice (maximum
credit is twenty (20) years) plus the eligible retiree's years and
partial retirement years as of September 30 of the current year
(maximum credit of twenty (20) years). The share value shall
be determined by totaling all of the shares of eligible retirees
divided into the current years' total distribution amount. An
individual eligible retiree's distribution shall be equal to the
number of the eligible retiree's shares multiplied by the share
value.
c. This benefit shall be payable annually in a lump sum as of
October 1. of each year. beQinninQ December 1. 2006. The
benefit shall be payable to the eligible retiree. including DROP
participants. or any beneficiary eligible to receive benefits as
a result of the death of a retiree. The benefit shall cease upon
the death of the eligible retiree or beneficiary. whichever is the
last surviving pension recipient.
2. Beginning October 1, 2003. 100% of the excess money received
pursuant to Chapter 185, Florida Statutes, ("185 money"), each
calendar year in excess of the base amount of $465,087, plus one
percent (1%) of payroll annually to fund the benefit as provided in
paragraph 1 4-, plus any 185 money held in reserve, shall be
distributed to all current eligible retirees, including DROP participants,
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or beneficiaries receiving benefits. These supplemental benefit
payments will be distributed according to the formula set forth in sub-
paragraph g 3. This distribution is in addition to the benefit provided
for in paragraph 1 which shall begin October 1,2006.
g. The distribution provided for in this paragraph shall be divided
among eligible retirees on a pro-rata basis in shares. The
shares shall be determined based upon the sum of an eligible
retiree's years and partial years of credited service (maximum
credit is twenty (20) years) plus the eligible retiree's years and
partial retirement years as of September 30 of the current year
(maximum credit of twenty (20) years). The share value shall
be determined by totaling all of the shares of eliqible retirees
divided into the current years' total distribution amount. An
individual eligible retiree's distribution shall be equal to the
number of the eligible retiree's shares multiplied by the share
value.
b. Allocations for survivinq spouses and surviving dependent
children shall be based upon the formula in this paragraph,
adiusted by the percentage of the optional form of benefit
selected.
c. This benefit shall be payable annually in a lump sum as of
June 1 of each year, beginning June 1, 2004. The benefit
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shall be payable to the eligible retiree, including DROP
participants, or any beneficiary eligible to receive benefits as
a result of the death of a retiree. The benefit shall cease upon
the death of the eliqible retiree or beneficiary. whichever is the
last surviving pension recipient.
3. Definitions.
a. For purposes of this section only, "credited service" means the
number of years and partial years of service originally used by
the pension plan to determine pension benefits. For eligible
retirees who retired on a duty disability retirement. 20 years of
service is credited for this part of the monthly supplemental
benefit calculation at the time that the disability benefit begins.
Non-duty disability retirees shall be credited with actual years
of credited service.
b. For purposes ofthis section only, "retirement years" means the
number of years and partial years that a retiree has received
a pension benefit to include the number of years and partial
years as a DROP participant. For eligible retirees who retired
on a duty disability retirement. no retirement years will be
accumulated for this part of the monthly supplemental benefit
calculation until after the member would have attained 20
years of credited service, had he not retired on a duty disability
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retirement. Non-duty disability retirees shall be credited with
actual years in receipt of a pension benefit.
c. For purposes of this section only. "eligible retirees" means
current retirees who were retired as of September 30 of each
year, including DROP participants, or beneficiaries receiving
benefits.
3. The benefit pool shall be divided according to the total number of
years of service rendered by all retirees, \iv'ith a cap of 20 years. The
shares vv'ill be divided on a pro-rata basis on the follOwing schedule:
20 or more years of service
19 years of service
18 years of service
17 years of service
16 years of service
15 years of service
14 years of serv'ice
13 years of service
12 years of service
11 years of service
10 years of service
9 years of service
8 years of service
7 years of service
6 years of service
5 years of service
Duty Disability
Nonduty Disability
Oeneficiary
100%
95%
90%
85%
80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
25%
100%
Oased on abo'v'e schedule
Oased on number of years
of retiree's service
4. Such benefit will be funded by a 1 % contribution from the Members
and a 1 % contribution from the 185 monies. The Member and the
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18S contributions shall be effective October 1, 2001. employees will
contribute to this benefit through 20 years of service.
S. These benefits shall be payable monthly as a part of the regular
monthly pension benefit. The benefit shall be payable to the retiree,
including DROr participants, or any beneficiary eligible to receive
benefits as a result of the death of a retiree. The benefit shall cease
upon the death of the retiree or beneficiary, whiche'v'er is the last
surviving pension recipient.
(Ord. No. 02-004, 91; Ord. No. 02-063, 93; Ord. No. 03-065, 92)
Section 18-170. Optional Forms of Benefits.
A. Each member entitled to a normal, early or disability retirement benefit shall
have the right at any time prior to the date on which the benefit begins to
elect to have the benefit payable under any of the options hereinafter set
forth in lieu of the amount and form of benefits provided above, and to
revoke an such elections and make a new election at any time prior to the
actual commencement of payment.
B. The value of optional benefits shall be the actuarial equivalent of the value
of benefits otherwise payable. The member shall make an election by
written request to the Board, such request being retained in the Board's files.
The options available to the members of the Fund are as follows:
1. Life Annuity. The member may elect to receive a benefit payable for
the member's life only.
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2. Contingent Annuitant (Joint and Survivor Option). The member may
elect to receive a benefit during the joint lifetime of the member and
a joint pensioner designated by the police officer, and following the
death of either of them, 100%,75%, 662/3% or 50% of such monthly
benefit payable to the survivor for the lifetime of the survivor.
3. Survivor Annuity. The member may elect to receive a benefit during
the member's lifetime and then following the death of the member, a
reduced amount to a beneficiary. At the time of retirement, the
member may choose a survivor benefit of 100%, 75%,66 %2/3% or
50% of the member's monthly benefit. This amount will be payable
to the beneficiary for the lifetime of the beneficiary.
C. The member upon electing any option of this section will designate the joint
pensioner or beneficiary (or beneficiaries) to receive the benefit, if any,
payable under the plan in the event of the member's death, and will have the
power to change such designation from time to time but any such change
shall be deemed a new election and will be subject to approval by the 15
Eension bBoard. Such designation will name a joint pensioner or one ill or
more primary beneficiaries where applicable. If a member has elected an
option with a joint pensioner or beneficiary and his or her retirement income
benefits have commenced, he or she may thereafter change the designated
joint pensioner or beneficiary but only if the b.6.oard of tIrustees consents to
such change and if the joint pensioner last previously designated by the
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police officer is alive when he or she files with the bBoard of tIrustees a
request for such change. The consent of a member's joint pensioner or
beneficiary to any such change shall not be required. The bBoard of t
Irustees may request such evidence of the good health of the joint
pensioner that is being removed as it may require and the amount of the
retirement income payable to the police officer upon the designation of a new
joint pensioner shall be actuarially redetermined taking into account the ages
and sex of the former joint pensioner, the new joint pensioner, and the
member. Each such designation will be made in writing on a form prepared
by the bBoard of tIrustees , and on completion will be filed with the b~oard
of tIrustees. In the event that no designated beneficiary survives the
member, such benefits as are payable in the event of the death of the
member subsequent to his or her retirement shall be paid as provided in s.
18-171 .
D. Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the
following limitations:
1. If a member dies prior to his or her normal retirement date or early
retirement date, no benefit will be payable under the option to any
person, but the benefits, if any, will be determined under s. 18 -169
{D}.
2. If the designated beneficiary (or beneficiaries) or joint pensioner dies
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before the member's retirement under the plan, the option elected will
be canceled automatically and a retirement income of the normal form
and amount will be payable to the member upon his or her retirement
as if the election had not been made, unless a new election is made
in accordance with the provisions of this section or a new beneficiary
is designated by the member prior to his or her retirement.
3. If both the member and the designated beneficiary (or beneficiaries)
die before the full payment has been effected under any option
providing for payments for a period certain and life thereafter, made
pursuant to the provisions of subparagraph (1)( a)3., the b~oard of t
Irustees may, in its discretion, direct that the commuted value of the
remaining payments be paid in a lump sum.
4. If a member continues beyond his or her normal retirement date and
dies prior to actual retirement and while an option made pursuant to
the provisions of this section is in effect, monthly retirement income
payments will be made, or a retirement benefit will be paid, under the
option to a beneficiary (or beneficiaries) designated by the member
in the amount or amounts computed as if the police officer had retired
under the option on the date on which death occurred.
5. A member may not make any change in retirement option after the
date of cashing or depositing the first retirement check.
Sec. 18-171. Beneficiaries.
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A. Each member may, on a form provided for that purpose which was signed
and filed with the Board of Trustees, designate a beneficiary (or
beneficiaries) to receive the benefit, if any, which may be payable in the
event of death; and each designation may be revoked by such member by
signing and filing with the Board of Trustees a new designation of beneficiary
form.
B. If a deceased member officer failed to name a beneficiary in the manner
prescribed above in subsection 48, or if the beneficiary (or beneficiaries)
named by the deceased member predeceases the member, the death
benefit, if any, which may be payable under the plan with respect to such
deceased police officer may be paid at the discretion of the Board of
Trustees to the estate of the deceased member, provided that the b .6.oard
of tlrustees may direct that the commuted value of the remaining monthly
income payments be paid in a lump sum. Any payment made to any person
pursuant to this section shall operate as a complete discharge of all
obligations under the plan with regard to such deceased member and shall
not be subject to review by anyone, but shall be final, binding and conclusive
on all persons ever interested hereunder.
Section 18-172. Buy Back of Service
A. Re-employment. When any former police officer of the city is re-
employed, he will become a member of the plan upon re-employment as a
full time permanent police officer. When a former police officer of the City
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is re-employed and had withdrawn contributions previously made to the plan,
he may reinstate his previous service upon satisfaction of each of the
following conditions:
1. The break in city employment is not more than sixty (602 months; and
2. The plan is paid the total amount previously withdrawn (consisting of
accumulated member contributions plus any interest previously paid
by the plan on those contributions). This total amount is brought
forward with interest for the total number of months from the date of
withdrawal to the date of repayment, calculated to the nearest month.
This calculated amount equals the amount to be repaid to the Plan in
a lump sum. The interest to bring forward the total amount will be at
the equivalent compound monthly rate derived from the earning rate
assumed by the actuary in the most recent actuarial valuation
submitted to the Division of Retirement pursuant to r10rida Statutes
e-Chapter 112, pEart VII. Florida Statutes. (Ord. No. 96-05, 91,3-6-
96).
B. Prior police officer service.
Unless otherwise prohibited by law, the years orfractional parts of years that
a police officer previously served as a police officer with the city during a
period of employment and for which accumulated contributions were
withdrawn from the fund, or the years and fractional parts of years that a
police officer served as a police officer for this orany other municipal, county,
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or state police department or service in the military shall be added to the
years of credited service provided that:
1. The police officer contributes to the fEund the sum that would have
been contributed, based on the police officer's salary and the
employee contribution rate in effect at the time that the credited
service is requested, had the police officer been a member of this
system for the years or fractional parts of years for which the credit is
requested plus amount actuarially determined such that the crediting
of service does not result in any cost to the fEund plus payment of
costs for all professional services rendered to the b.f2oard in
connection with the purchase of years of credited service.
2. Payment by the police officer of the requirement amount may be
made within six @ months of the request for credit and in one ill
lump sum payment, or the police officer can buy back this time over
a period equal to the length of time being purchased or five @ years,
whichever is greater, at an interest rate which is equal to the fEund's
actuarial assumption. A police officer may request to purchase a
maximum of five (5) years of service. No credit shall be given for any
service until all years of service which are to be repurchased, have
been repurchased.
3. The credit purchased under this section shall count for benefit
computation purposes, but not for vesting.
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4. In no event, however, may credited service be purchased pursuant to
this section for prior service with any other municipal, county or state
police department, if such prior service forms or will form the basis of
a retirement benefit or pension from another retirement system or
plan. This paragraph does not apply to military service.
Section 18-173. Rollovers
A. Direct transfers of eligible rollover distributions.
1. General. This subsection applies to distributions made on or after
January 1, 1993. Notwithstanding any provision of the plan to the
contrary that would otherwise limit a distributee's election under this
subsection, a distributee may elect, at the time and in the manner
prescribed by the bl2.oard of tlrustees, to have any portion of an
eligible rollover distribution paid directly to an eligible retirement plan
specified by the distributee in a direct rollover.
2. Definitions
a. Eligible rollover distribution: An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit
of the distributee, except that an eligible rollover does not
include any distribution that is one ill of a series of
substantially equal periodic payments (not less frequently than
annually) made for the life (or life expectancy) of the distributee
or the joint lives (or joint life expectancies) of the distributee
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and the distributee's designated beneficiary, or for a specified
period of ten !1Q) years or more; any distribution to the extent
such distribution is required under section 401 (a)(9) of the
Internal Revenue Code; and the portion of any distribution that
is not includable in gross income.
b. Eligible retirement plan: An eligible retirement plan is an
individual retirement account described in section 408(a) of the
Internal Revenue Code, an individual retirement annuity
described in section 408(b) of the Internal Revenue Code, an
annuity plan described in section 403(a) of the Internal
Revenue Code, or a qualified trust described in section 401 (a)
of the Internal Revenue Code, that accepts the distributee's
eligible rollover distribution. However, in the case of an eligible
rollover distribution to the surviving spouse, an eligible
retirement plan is an individual retirement account or individual
retirement annuity.
c. Distributee: A distributee includes an employee or former
employee. In addition, the employee's or former employee's
surviving spouse and the employee's or former employee's
spouse or former spouse who is entitled to payment for
alimony and child support under an income deduction order,
are distributees with regard to the interest of the spouse or
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former spouse.
d. Direct rollover. A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
B. Rollovers from qualified plans. A member may roll over all or a part of his or
her interest in another qualified plan to the Fund, provided all of the following
requirements are met:
1. Some or all of the amount distributed from the other plan is rolled over
to this plan no later than the 60th day after distribution was made from
the Plan or, if distributions are made in installments, no later than the
60th day after the last distribution was made.
2. The amount rolled over to this Fund does not include any amount
contributed by the member to the Plan on a post-tax basis. Effective
October 1, 2002, a member may rollover amounts contributed on a
post-tax basis.
3. The rollover is made in cash.
4. The member certifies that the distribution is eligible for a rollover.
5. Any amount which the trustees accept as a rollover to this Fund shall,
along with any earnings allocated to them, be fully vested at all times.
A rollover may also be made to this Plan from an individual retirement
account qualified under section 408 of the Internal Revenue Code when the
individual retirement account was merely used as a conduit for funds from
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another qualified plan and the rollover is made in accordance with the rules
provided in paragraphs 1 - 5. Amounts rolled over may be segregated from
other Fund assets. The trustees shall separately account for gains, losses,
and administrative expenses of these rollovers. In addition, the Fund may
accept the direct transfer of a member's benefits from another qualified
retirement plan or to a IRC 9457 deferred compensation plan pursuant to
section 457 of the Internal Revenue Code. The Fund shall account for direct
transfers in the same manner as a rollover and shall obtain certification from
the member that the amounts are eligible for a rollover or direct transfer to
this Fund.
(Ord. No. 90-47, 92, 10-3-90; 93-71,92, 12-7-93; Ord. No.9-58, 91, 1-3-95)
C. Transfer of Accumulated Leave
1. Members eligible to receive accumulated sick leave, accumulated
vacation leave or any other accumulated leave payable upon
retirement. including entry into the DROP, shall separation may elect,
not bter than the December 31st of the calendar year prior to tho year
of retirement or entry into the DROr, to have the leave transferred to
the Plan. For purposes of this section, the term "separation" shall
mean termination of service as a police officer with the City.
Members on whose behalf leave has been transferred may elect one
of the following distribution options within thirty (30) days of
separation. Members failing to elect a distribution option within thirty
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(30) days of separation will be deemed to have elected option (a)
below:
(a) Receive a lump sum equal to the transferred leave balance; or
(b) Transfer the entire amount of the transferred leave balance
directly to any eligible retirement plan; or
(c) Purchase additional service credit as may be permitted by the
Code. If the leave balance exceeds the cost of the service
credit purchased, the balance shall be paid to the member in
a lump sum; or
(d) Transfer the entire amount of the transferred leave balance
into the member's DROP account; or
liD Maintain the entire leave balance within the Plan. Earnings
shall be paid as follows:
1 Gains or losses at the same interest rate earned b the
Pension Plan; or
(2) A guaranteed rate of seven percent (7%) or
(3) A percentage of the leave balance account will be
credited with interest qains or losses at the same rate
earned by the pension plan and the remaining
percentage will be credited with earnings at a
guaranteed rate of seven percent (7%). The actual
percentage shall be selected by the member on a form
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provided by the Board of Trustees. The total of the two
percentages must equal 100%.
These accounts will be assessed an administrative fee that is based
upon the ratio that the Employee's DROP account bears to the Fund
as a whole.
2. Membors who f-3il to eloct a transfer not later than the December 3151
of the calendar year prior to the year of retirement or entry into the
or~or 'Nill recei've payment in a lump sum at time of separation with
all attendant tax consequences.
23. If a member on whose behalf the City makes a transferred leave
balance to the Plan dies after retirement or other separation, but
before making an election, as provided, or after making an election
but before any distribution is made, the election option shall be void.
In such an event, any person who would have received a death
benefit had the member died in service immediately prior to the date
of retirement or other separation, shall be entitled to receive an
amount equal to the transferred leave balance in a lump sum. In the
case of a surviving spouse or former spouse, an election may be
made to transfer the leave balance to an eligible retirement plan in
lieu of the lump sum payment. Failure to make such an election by
the surviving spouse or former spouse within sixty (60) days of the
member's death will be deemed an election to receive a lump sum
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payment.
~4-. The Board, by rule, shall have the authority to enact administrative
rules for purposes of administering the provisions of this Section,
consistent with the Federal tax laws in effect on the date of transfer.
No such rule shall conflict with the provisions of this section.
L Members electing to enter into the DROr shall be required to
preserve a balance of one hundred and twenty (120) hours of sick
lea'v'e and one hundred and M'enty (120) hours of vacation leave at
the time of entry into the DROP.
16. The value of the leave transferred shall be determined in accordance
with applicable city personnel policies or collective bargaining
agreements.
Section 18-174. Miscellaneous.
A. Pension Validity. The Board of Trustees shall have the power to examine
the facts upon which any pension shall have been granted or obtained
erroneously, fraudulently, or illegally for any reason. The Board is
empowered to purge the pension rolls of any person granted a pension
under proper or existing law or granted under this ordinance if the pension
is found to be erroneous, fraudulent or illegal for any reason; and to
reclassify any pensioner who has under any prior or existing law or who shall
hereafter under this ordinance be erroneously, improperly, or illegally
classified.
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B. False or misleading statements made to obtain retirement benefits
prohibited.
1. It is unlawful for a person to willfully and knowingly make, or cause to
be made, or to assist, conspire with, or urge another to make, or
cause to be made, any false, fraudulent, or misleading oral or written
statement or withhold or conceal material information to obtain any
benefit under this plan.
2.
a.
A person who violates subparagraph 1. commits a
misdemeanor of the first degree, punishable as provided in
99775.082 or 775.083, Florida Statutes.
b. In addition to any applicable criminal penalty, upon conviction
for a violation described in subparagraph 1., a participant or
beneficiary of this plan may, in the discretion of the b !;!oard of
t- Irustees, be required to forfeit the right to receive any or all
benefits to which the person would otherwise be entitled under
this plan. For purposes of this sub-subparagraph, "conviction"
means a determination of guilt that is the result of a plea or
trial, regardless of whether adjudication is withheld.
C. Incompetence. If any member or beneficiary is a minor or is, in the judgment
of the Board, otherwise incapable of personally receiving and giving a valid
receiptfor any payment due them from the Fund, the Board may, unless and
until claims have been made by a duly appointed guardian or committee of
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Page 47 of 64
such person, make such payment or any part thereof to such person's
spouse, children, parent or other person deemed by the Board to have
incurred expenses or assumed responsibility for the expenses of such
person. Any payments so made shall be a complete discharge of any liability
under the system for such payment.
D. Rights and Benefits Not Subject to Legal Process. The rights and benefits
provided for herein are vested rights of participants in the Fund and shall not
be subject to attachment, garnishment, execution or any other legal process.
This section does not apply in the event of an income deduction order for
alimony or child support.
E. Lump Sum Payment of Small Retirement Income. Notwithstanding any
provision of the Fund to the contrary, if the monthly retirement income
payable to any person entitled to benefits hereunder is less than $30.00 or
if the single sum value of the accrued retirement income is less than
$5,000.00 as of the date of retirement or termination of service, whichever
is applicable, the Board of Trustees, in the exercise of its discretion, may
specify that the actuarial equivalent of such retirement income be paid in
lump sum.
F. Required Distributions
1. In accordance with tR€-S ~ection 401 (a)(9) of the Internal Revenue
Code, all benefits under this plan will be distributed, beginning not
later than the required beginning date set forth below, over a period
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not extending beyond the life expectancy of the member or the life
expectancy of the member and a beneficiary.
2. Any and all benefit payments shall begin by the later of:
a. April 1 of the calendar year following the calendar year of the
member's retirement date; or
b. April 1 of the calendar year following the calendar year in
which the member attains age 70%.
3. If an employee dies before his entire vested interest has been
distributed to him, the remaining portion of such interest will be
distributed at least as rapidly as provided for under this p Elan.
G. Internal Revenue Code limits.--
1. In no event may a member's annual benefit exceed one hundred and
twenty thousand dollars ($120,000) {adjusted for cost of living in
accordance with Internal Re'v'enue Code (IRC) section 415(d) of the
Internal Revenue Code.
2. If a member has less than ten (10) years of service with the city, the
applicable limitation in paragraph (a) of this subsection shall be
reduced by multiplying such limitation by a fraction, not to exceed one
(1). The numerator of such fraction shall be the number of years, or
part thereof, of service with the city; the denominator shall be ten ( 10)
years.
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3. For purposes of this subsection, "annual benefit" means a benefit
payable annually in the form of a straight life annuity with no ancillary
or incidental benefits and with no member or rollover contributions.
To the extent that ancillary benefits are provided, the limits set forth
in paragraph (a) above will be reduced actuarially, using an interest
rate assumption equal to the greater of five percent (5%) percent or
the rate being used for actuarial equivalence, to reflect such ancillary
benefits.
4. If distribution of retirement benefits begins before age sixty-two (62},
the dollar limitation as described in paragraph (a) shall be reduced
using an interest rate assumption equal to the greater of five percent
f5~ percent or the interest rate used for actuarial equivalence;
however, retirement benefits shall not be reduced below $75,000 if
payment of benefits begins at or after age fifty-five (55} and not below
the actuarial equivalent of $75,000:99 if payment of benefits begins
before age fifty-five (55}. For a member with fifteen (15} or more
years of service with the city, the reductions described above shall not
reduce such member's benefit below $50,000:99 {adjusted for cost of
living in accordance with Internal Revenue Code (IRe) section 415(d)
of the Internal Revenue Code, but only for the year in which such
adjustment is effective). If retirement benefits begin after age sixty-
five (65}, the dollar limitation of paragraph (a) shall be increased
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actuarially by using an interest assumption equal to the lesser of five
percent (5~ percent or the rate used for actuarial equivalence.
Section 18-175. Deferred retirement option plan.
A. A deferred retirement option plan ("DROP") is hereby created.
B. Eligibility to participate in the DROP is based upon eligibility for normal
service retirement in the Plan. Members shall elect to participate by applying
to the Board of Trustees on a form provided for that purpose.
C. Participation in the DROP must be exercised within the first twenty-two (22)
years of combined credited service. However, participation in calendar year
2000, the first year, will be extended to all members.
D. Except for the extension of participation at inception as provided for in (c)
above, a member shall not participate in the DROP beyond the time of
attaining twenty-five (25) years of service and the total years of participation
in the DROP shall not exceed five (5) years. For example:
1. Members with twenty (20) years of credited service at time of entry
shall only participate for five (5) years.
2. Members with twenty-one (21) years of credited service at time of
entry shall only participate for four (4) years.
3. Members with twenty-two (22) years of credited service at time of
entry shall only participate for three (3) years.
E. Upon a member's election to participate in the DROP, he or she shall cease
to be a member and is precluded from accruing any additional benefit under
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the Pension Fund. For all Fund purposes, the member becomes a retirant.
The amount of credited service and final average salary freeze as of the date
of entry into the DROP. Accumulated, unused sick and vacation leave shall
be included in the compensation calculation; provided however, that a
minimum balance of 120 hours of sick leave and 120 hours of vacation leave
shall be maintained by the employee and excluded from this calculation.
The retained leave balance, including any additions, shall be distributed at
the conclusion of DROP participation and separation from service.
F. Payment shall be made into the employee's DROP account as if the
employee had retired from the employ of the City. The amounts paid will be
determined in accordance with this Plan and the employee's selection of the
payment option. Payments into the DROP will be made monthly over the
period the employee participates in the DROP, upto a maximum of sixty (60)
months.
G. Effective January 1, 2003, DROP participants have the option to select
optional methods to credit investment earnings to their account less any
outstanding loan balances. The method may be changed each year
effective January 1, however, the method must be elected prior to January
1 on a form provided by the Board of Trustees. The methods are:
1. Gains or losses at the same interest rate earned by the Pension Plan;
or
2.
A guaranteed rate of seven percent {7:B%Lm:-=-
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3. A percentage of the DROP account will be credited with interest gains
or losses at the same rate earned by the pension plan and the
remaining percentage will be credited with earnings at a guaranteed
rate of seven percent {7 .6%). The actual percentage shall be
selected by the member on a form provided by the Board of Trustees.
The total of the two m percentages must equal 100%.
Employee's DROP accounts will be assessed an administrative fee that is
based upon the ratio that the Employee's DROP account bears to the Fund
as a whole.
H. An employee's participation in the DROP shall terminate at the end of five @
years or twenty-five (25) years of service, whichever comes first. Failure to
end DROP participation may result in penalties at the discretion of the
Trustees, up to and including forfeiture of the DROP account.
I. All interest shall be credited to the employee's DROP account less any
outstanding loan balances on a quarterly basis with quarterly statements
provided. In the event that a member dies while in the DROP, interest shall
be pro-rated to the last business day of the month preceding the death of the
member.
J. Upon termination of employment, participants in the DROP will receive the
balance of the DROP accou nt in accordance with the following rules:
1. Members may elect to begin to receive payment upon termination of
employment or defer payment of DROP until the latest day as
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provided under sub-subparagraph c.
2. Payments may be made in the following ways:
a. Lump sum - the entire account balance will be paid to the
retirant upon approval of the Board of Trustees.
b. Installments - the account balance will be paid out to the
retirant in five (5) equal annual payments paid over five (5)
years, the first payment to be made upon approval of the
Board of Trustees.
c. Monthly installments - the account balance will be paid out to
the retirant on a monthly basis until the account balance is paid
out based on actuarial tables provided by the actuary.
3. Any form of payment selected by a police officer must comply with the
minimum distribution requirements ofthe IRC section 401 (A)(9) of the
Internal Revenue Code, and is subject to the requirements of subsec-
tion 18-174{F} e.g., payments must commence by age 70~.
4. The beneficiary of the DROP participant who dies before payments
from DROP begin shall have the same right to select payment options
as the participant in accordance with this subsection. A DROP
participant may designate a beneficiary to receive the DROP balance
in the event of the participant's death priorto payout ofthe full DROP
balance.
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K. No payments will be made from DROP until the employee actually separates
from service with the City.
L. If an employee shall die during participation in the DROP, a survivor benefit
shall be payable in accordance with the form of benefit chosen at the time
of entry into the DROP.
M. Upon commencement of participation in the DROP, the member shall no
longer be eligible for disability retirement from the pension plan.
N. Loans from the DROP.
1. Availability of Loans
a. Loans are available to members only after termination of
emplovment, provided the member had participated in the
DROP for a period of 12 months.
b. Loans may only be made from a member's own account.
c. There may be no more than one loan at a time.
2. Amount of Loan
a. Loans may be made up to a maximum of 50 percent of
account balance.
b. The maximum dollar amount of a loan is $50,000.00, reduced
by the highest outstanding loan balance during the last 12
months.
c. The minimum loan is $5,000.00.
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3. Limitations on loans shall be made from the amounts paid into the
DROP and the earnings thereon.
4. Term of Loan.
a. The loan must be for at least 1 year.
b. The loan shall be no longer than 5 years.
5. Loan Interest Rate
a. The Interest Rate shall be fixed at time the loan is originated
for the entire term of loan.
b. The Interest Rate shall be equal to the prime rate published by
an established local bank on the last day of each calendar
quarter preceding the date of loan application.
6. Defaults on Loans.
a. Loans shall be in default if two consecutive months'
repayments are missed or if a total of four months' repayments
are missed.
b. Upon default. the entire balance becomes due and payable
immediately.
c. If a loan in default is not repaid in full immediately, the loan
may be canceled and the outstandinq balance treated as a
distribution, which may be taxable.
d. Upon default of a loan, a member will not be eligible for
additional loans.
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7. Miscellaneous provisions.
a. All loans must be evidenced by a written loan agreement
signed by the member and the Board of Trustees. The
aQreement shall contain a promissory note.
b. A member's spouse must consent in writing to the loan. The
consent shall acknowledge the effect of the loan on the
member's account balance.
c. Loans shall be considered a general asset of the Fund.
d. Loans shall be subiect to administrative fees to be set by the
Board of Trustees.
e. Outstanding loan balances shall not be credited with earnings
or losses. As the outstanding balance is repaid with interest.
earnings and losses shall be applied to the payments and
interest as provided for in Section 18-175 I.
Section 18-176. Termination of plan and distribution of Fund.
Upon termination of the p Plan by the municipality for any reason, or because of a
transfer, merger, or consolidation of governmental units, services, or functions as provided
in e Chapter 42-+,- 112, Florida Statutes or upon written notice to the bBoard of tIrustees
by the municipality that contributions under the ~Plan are being permanently discontinued,
the rights of all employees to benefits accrued to the date of such termination or
discontinuance and the amounts credited to the employees' accounts are nonforfeitable.
The f fund shall be apportioned and distributed in accordance with the following
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procedures:
A. The b.6.oard of tlrustees shall determine the date of distribution and the
asset value to be distributed, after taking into account the expenses of such
distribution.
B. The b.6.oard of tlrustees shall determine the method of distribution of the
asset value, that is, whether distribution shall be by payment in cash, by the
maintenance of another or substituted trust fund, by the purchase of insured
annuities, or otherwise, for each member entitled to benefits under the plan,
as specified in subsection (C).
C. The b.6.oard of tlrustees shall apportion the asset value as of the date of
termination in the manner set forth in this subsection, on the basis that the
amount required to provide any given retirement income shall mean the
actuarially computed single-sum value of such retirement income, except
that if the method of distribution determined under subsection (B) involves
the purchase of an insured annuity, the amount required to provide the given
retirement income shall mean the single premium payable for such annuity.
1. Apportionment shall first be made in respect of each retired member
receiving a retirement income hereunder on such date, each person
receiving a retirement income on such date on account of a retired
(but since deceased) member, and each police officer who has, by
such date, become eligible for normal retirement but has not yet
retired, in the amount required to provide such retirement income,
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entitled to an apportionment under paragraphs (a) and (b) in the
amount equal to the member's total contributions to the ~Plan to date
of termination, provided that, if such remaining asset value is less
than the aggregate ofthe amounts apportioned hereunder, such latter
amounts shall be proportionately reduced so that the aggregate of
such reduced amounts will be equal to such remaining asset value.
4. In the event that there is asset value remaining after the full
apportionment specified in paragraphs (a), (b), and (c), such excess
shall be returned to the municipality, less return to the state of the
state's contributions, provided that, if the excess is less than the total
contributions made by the municipality and the state to date of
termination of the ~Plan, such excess shall be divided proportionately
to the total contributions made by the municipality and the state.
D. The bf!oard of tIrustees shall distribute, in accordance with the manner of
distribution determined under subsection (B), the amounts apportioned under
subsection (C). If, after a period of twenty-four (24) months after the date on
which the P Elan terminated or the date on which the board received written
notice that the contributions thereunder were being permanently
discontinued, the municipality or the bBoard of tIrustees of the municipal
police officers' retirement trust fund affected has not complied with all the
provisions in this section, the division shall effect the termination of the fund
in accordance with this section.
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provided that, if such asset value is less than the aggregate of such
amounts, such amounts shall be proportionately reduced so that the
aggregate of such reduced amounts will be equal to such asset value.
2. If there is any asset value remaining after the apportionment under
paragraph (1), apportionment shall next be made in respect of each
member in the service of the municipality on such date who has
completed at least ten (10) years of credited service, in the Fund for
at least ten (10) years, and who is not entitled to an apportionment
under paragraph (a), in the amount required to provide the actuarial
equivalent of the accrued normal retirement income, based on the
police officer's credited service and earnings to such date, and each
former participant then entitled to a benefit who has not by such date
reached his or her normal retirement date, in the amount required to
provide the actuarial equivalent of the accrued normal retirement
income to which he or she is entitled, provided that, if such remaining
asset value is less than the aggregate of the amounts apportioned
hereunder, such latter amounts shall be proportionately reduced so
that the aggregate of such reduced amounts will be equal to such
remaining asset value.
3. If there is an asset value after the apportionments under paragraphs
(a) and (b), apportionment shall lastly be made in respect of each
member in the service of the municipality on such date who is not
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Section 18-177. Cost of Living Adjustment
A. Subject to the conditions set forth in this section, the b Board of tIrustees
shall annually authorize a cost of living adjustment, the amount of which shall
be determined as of each September 30th. The amount of the cost of living
adjustment shall be equal to the actuarial present value of future pension
payments to current pensioners multiplied by the positive difference, if any,
between the rate of investment return and eight and one half percent (86%).
The actuary shall determine whether there may be a cost of living adjustment
based on the following factors:
1. The actuary for the p.!:.ension fEund shall determine the rate of
investment return on the p .!:.ension f-Eund assets during the twelve
(12) month period ending each September 30th. The rate determined
shall be the rate reported in the most recent actuarial report submitted
pursuant to p Part VII of e-Chapter 112, Florida Statutes.
2. The actuary for the p.!:.ension fEund shall, as of September 30,
determine the actuarial present value of future pension payments to
current pensioners. The actuarial present values shall be calculated
using an interest rate of eight and one half (8.5) percent (8%) a year
compounded annually, and a mortality table approved by the bBoard
of tlrustees and as used in the most recent actuarial report submitted
pursuant to p.!:.art VII of e-Chapter 112, Florida Statutes. This will be
the pool of funds available to fund the cost of living adjustment.
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3. If the actuary determines there may be a cost of living adjustment, the
b.!2.oard of tlrustees shall authorize such a distribution unless the
administrative expenses of distribution exceed the amount available
for the distribution.
4. The cost of living adjustment shall be funded only if the present value
of the pool of funds does not exceed the net actuarial experience
accumulated from all sources of gains and losses.
B. Cost of living adjustments will be made to pensioners, including DROP
members, and beneficiaries, who are referred to as eligible persons.
C. The cost of living adjustment shall be allocated among eligible persons
based upon the participant's years of service in the proportion that the
participant's years of service bear to the aggregate amount of years of
service of all eligible persons. Allocations for beneficiaries will be in
proportion that the beneficiary benefit bears to the retiree benefit. Maximum
service credits shall be twenty (20) years. Minimum allocations for duty
disability pensioners shall be based on 13.33 years of service.
D. The cost of living adjustment shall be made as of July 1,2001 and each July
1 sl thereafter. Each eligible person shall be paid his or her allocated portion
from the preceding September 30th. Eligible persons must be retired for one
(1) year from September 30 to receive a cost of living adjustment. A
pensioner's estate is entitled to a pro-rata share of the deceased retirant's
cost of living adjustment based on a number of months that the deceased
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retirant received a pension during the year ending the September 30th prior
to the retirant's death.
Section 3. It is the intention of the City Commission of the City of Boynton Beach
that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be
renumbered, re-leUered and the word "Ordinance" may be changed to "Section," "Article"
or such other word or phrase in order to accomplish such intention.
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
Section 5. If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
effecting the validity of the remaining portions or applications remaining in full force and
effect.
Section 6. This Ordinance shall become effective upon passage when the following
have occurred:
(a) the City Commission has received and has accepted a report establishing the
actuarial soundness of these amendments:
(b) when a collective bargaining agreement ratifying the foregoing changes to
pension benefits has been ratified by the City Commission and the Police
Pension Board of Trustees or their successor organization: and
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Page 63 of 64
(c) a copy of this Ordinance is transmitted to the State of Florida Division of
Retirement.
Upon satisfaction of all of the above requirements, then in that event. the terms and
provisions of this Ordinance shall become effective.
FIRST READING THIS
DAY OF
,2006.
SECOND, FINAL READING and PASSAGE THIS_ DAY OF
,2006
,2006.
PASSED AND ADOPTED THIS
DAY OF
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
CITY CLERK
H:\BB 0188\Plan Doc\Restale\2005-2006\Reslalement 03-01-06.v.pd
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XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April!7,2006 (Noon) 0 July 5, 2006 June !9, 2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda ~ New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Discussion ofCRA Board and responsibilities.
EXPLANATION: At the request of the City Commission, this item is being placed on the agenda for discussion. The CRA
was re-configured in 200] as an independent agency. The duties and functions of the CRA are set forth in provisions of the
City Code and State Statute as attached. The City Commission, at its option may amend the local code at anytime to re-align
the CRA as a dependent agency that is, comprised of the five-member City Commission and two additional citizen members.
PROGRAM IMPACT: Restructuring of the CRA back to the City will require a code amendment and will require re-
alignment of planning and zoning reviews.
FISCAL IMP ACT: Not known at this time. However, an analysis of current bonds and debt of the CRA on the City will
need to be conducted.
ALTERNATIVES:
] . Revert the CRA to dependent agency status and have the City Commission and two additional members be the new
CRA. This will require the City Commission to commit to at least one more meeting a month, sitting as CRA.
2. Retain the current independent CRA until September 1,2006 to evaluate effectiveness of the CRA in addressing past
issues and concerns. Re-evaluate the performance of the CRA at that time and determine if the agency is to become
a dependent CRA.
3. Modify the duties and functions of the CRA and remove zoning review authority from the CRA.
4. Status quo with no changes in the structure and responsibilities of the CRA.
~
Department Head's Signature City Manager's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Page I of I
Sec. 2-13.2. Governing body of community redcvelopn1l'llt agellc~.*
(a) The City Commission shall appoint in accordance with the provisions of Chapter 163.357(1)
(c), Florida Statutes, the board of commissioners as the governing body of the community
redevelopment area. The board will be composed of seven (7) members.
(b) The community redevelopment agency, shall exercise its jurisdiction in all areas of the city
which the city has heretofore designated for redevelopment. The community redevelopment area is more
particularly described in Exhibit A which is attached to Ordinance No. 00-59 and incorporated herein
[by reference].
(c) Chair and Vice-Chair. The City Commission, at the last meeting in March of each year,
commencing March 2004, shall appoint the Chair and Vice-Chair of the Community Redevelopment
Agency. The term of appointment to the position of Chair or Vice-Chair of the Board is one (I) year
commencing the first Tuesday in April following appointment. Board members may be appointed to
consecutive terms as Chair or Vice-Chair, not to exceed three (3) consecutive terms
(Ord. No. 90-21, 99 1-4, 8-7-90; Ord. No. 00-11, S 1,4-18-00; Ord. No. 00-59, S 2, 11-8-00; Ord. No.
00-69, S 3,12-19-00; Ord. No. 01-62, S 1, 12-18-01; Ord. No. 04-008, 92,3-16-04)
*Editor's note-Ord. No. 90-21, 9Jl-4, 6, 7, adopted Aug. 7, 1990, provided that the city commission
be the governing body oJthe community redet'elopmenl agel/crfor the entire cOI11I11U1zify redevelopment
area, set forth the scope oj its powers and duties, and provided Jor the consolidation of previous actions.
Such provisions have been codified as superseding former lP-13.2-2-13.4, which had delegated
certain powers and duties to the comnllmity development ogene)', providedJor two boards oj
commissioners oj cO/nll/lmi!y redevelopment: housing and cOl11l11zlIlifJ' development (city commission),
and the central business district. Such sections derived Jrom Ord. No. 84-28, c~J1, 2, adopted July 3,
1984; Ord. No. 87-15, ~~3, 4, adopted July 7, 1987; and Ord. No. 89-11, l~'l-4, adopted Aug. 1, 1989.
Further, 9'5 oJOrd. No. 90-21 vacated all appointments to the community redevdopment agencvJor the
control business district and discharged the members oj such board from their duties and
responsibilities. See also the editor'sJootnote to ~2-13.1.
Sec. 2-13.3. Powers and duties of agency generally.
The community redevelopment agency shall have all powers provided for or authorized by general or
special laws of the state as amended from time to time, including but not limited to the specific powers
delineated in F.S. 9 163.370.
Note-Seelhe ,editor's footnote to i..2-1 :>'.2.
http://www.amlegal.com/nxt! gateway. dll/Floridalboynton/parti i codeo fordinances/ chapter2... 4/24/2006
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ARTICLE II. COMMUNITY
REDEVELOPMENTAGENCYBOARD
Sec. 1. Community Redevelopment Agency Board - establishment and composition.
A. The Boynton Beach Community Redevelopment Agency is created and set out in Section 2-13
of the Boynton Beach Code of Ordinances.
B. The provisions of Article II of Chapter 1.5 shall apply only within the CRA boundaries as set
out in Section 2-13 of the Code of Ordinances. The provisions of this Article shall supercede and prevail
over any other Code sections that ma pertain to the properties located within the CRA boundaries.
(Ord. No. 00-70, S 2, 12-19-00)
Sec. 2.
Advisory authority functions, powers and duties.
A. The CRA board shall have the authority and du to consider and recommend upon applications
as hereinafter set forth, after first considering the recommendations of its staff and after a determination
of fact that application will contribute to reduction of slum and blighted conditions; enhance the tax
base; implement and further the intent and purpose ofthe City's redevelopment plan.
B. The CRA board shall have all powers and duties heretofore vested in the planning and
development board.
(Ord. No. 00-70, S 2, 12-19-00)
Sec. 2.1 Quasi-Judicial Authority, functions, powers and duties.
A. The CRA board shall have the authority and duty to hear and decide, in a quasi-judicial
capacity, administrative appeals, special exceptions and variances.
B. Administrative appeals. The board has the authority to hear and decide appeals when it is
alleged that there is error in any order, requirement, decision or determination made by an administrative
official in the enforcement of any zoning ordinance or regulation adopted pursuant to the section.
C. Special exceptions. The board has the authority and duty to hear and decide requests for special
exceptions. To decide such questions as are involved in the determination of when such special
exceptions should be granted. To grant special exceptions with appropriate conditions and safeguards or
to deny such special exceptions when not in harmony with the purpose and intent of this section. The
following standards apply to the board power to grant special exceptions:
1. The board shall find that in granting the special exception, the public interest will not be
adversely affected.
2. The board may prescribe appropriate conditions and safeguards in conformity with this
chapter. Violation of such conditions and safeguards, when made part of the terms under which the
special exception is granted, shall constitute grounds for the revocation ofthe special exception and the
certificate of occupancy or occupational license associated therewith.
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3. The board may prescribe a reasonable time limit within which the action for which the
special exception is required shall begin or be completed, or both.
D. Variances. The board has the authority and duty to authorize upon appeal such variance from
the teams of a city ordinance as will not be contrary to the public interest when, owing to special
conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and
undue hardship.
1. In order to authorize any variance from the terms of an ordinance, the board must find:
a. That special conditions and circumstances exist which are peculiar to the land, structure or
building involved, and which are not applicable to other lands, structures or buildings in the same
zoning district.
b. That special conditions and circumstances do not result from the actions of the applicant
for the variance.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this section to other lands, structures or buildings in the same zoning district.
d. That literal interpretations of the provisions of the ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the terms of the
ordinance and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible reasonable use
of the land, structure or building.
f. That the grant of the variance will be in harmony with the general intent and purpose of
this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental
to the public welfare.
g. For variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that the acquisition of such
property would cause the adjacent property or structures to become nonconforming. The applicant for
such variances shall provide an affidavit with the application for variance stating that the above
mentioned conditions exist with respect to the acquisition of additional property.
2. In granting a variance:
a. The board may prescribe appropriate conditions and safeguards in conformity with this
section. Violations of such conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this section.
b. The board may prescribe a reasonable time limit within which the action for which the
variance is required shall begin, be completed, or both.
c. Where variances of lot area and maximum densities are requested, and such variance, if
granted, would cause the density to exceed the density shown on the future land use map ofthe city's
comprehensive plan, the density created shall be construed to be in conformance with the
comprehensive plan if the board finds that the variance meets the conditions set forth in this section for
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granting the same, and the variance would only allow for the construction of a single-family detached
dwelling.
E. Procedures for variances, special exceptions and appeals of administrative actions.
1. Exceptions. Under no circumstances except as permitted above shall the board grant a
variance to permit a use not generally or by special exception permitted in the zoning district involved or
any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use
of neighboring lands, structures or buildings in other zoning districts shall be considered grounds for the
authorization of a variance.
2. Review of administrative orders. In exercising its powers, the board may, upon appeal and in
conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination made by an administrative official in the enforcement of
any zoning ordinance or regulation adopted pursuant to this section and may make any necessary order,
requirement, decision or determination, and to that end shall have the powers of the officer from whom
the appeal is taken. A majority vote shall be necessary to reverse an order, requirement, decision or
determination of any such administrative official or to decide in favor of the applicant on any matter
upon which the board is required to pass under this section.
3. Appeals from decision of administrative official. Appeals to the board may be taken by any
person aggrieved or affected by any decision of an administrative official interpreting any zoning
ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement,
decision, or determination appealed from by filing with the officer from whom the appeal is taken and
with the board, a notice of appeal specifying the grounds thereof.
4. Stay of work and proceeding on appeals. An appeal to the board stays all work on the
premises and all proceedings in furtherance of the action appealed from, unless the official from whom
the appeal is taken shall certify to the board that, by reason of facts stated in the certificate, a stay would
cause imminent peril oflife or property. In such case, proceedings or work shall not be stayed except by
a restraining order which may be granted by the board, or by a court of record on the application, on
notice to the officer from whom the appeal is taken and on due cause shown.
5. Hearing of appeals. The board shall fix a reasonable time for the hearing of the appeal, give
the public notice thereof, as well as due notice to the parties in interest, and decide the same within a
reasonable time. Upon the hearing, any person may appear in person, by agent or attorney. Applicants
shall be required to file a proper form (supplied by staff), a current certified survey accompanied by a
fee as adopted by resolution of the City Commission. For procedural purposes, an application for a
special exception shall be handled by the board as for appeals.
6. Review of decisions of the Board. Any person may appeal variance, special exception, or
appeal of administrative order to the City Commission of the City of Boynton Beach within twenty (20)
days after rendition of the decision by the CRA board. The decision of the City Commission shall be
deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court.
7. Withdrawal or denial of application.
a. Upon the denial of an application for relief hereunder, in whole or in part, a period of one
(1) year must elapse prior to the filing of a subsequent application affecting the same property or any
portion thereof.
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b. Upon the withdrawal of an application, in whole or in part, a period 0 f six (6) months
must run prior to the filing of a subsequent application affecting the same property or any portion
thereof, unless the decision of the board is without prejudice; and provided that the period of limitation
shall be increased to a two (2) year waiting period in the event such an application, in whole or in part,
has been twice or more denied or withdrawn.
c. An application may be withdrawn without prejudice by the applicant as a matter of right;
provided the request for withdrawal is in writing and executed in a manner and on a fonn prescribed by
the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before
the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice.
No application may be withdrawn after action has bcen taken by the board. When an application is
withdrawn without prejudice, the time limitations for re-application provided herein shall not apply.
F. Advertising requirements. Required advertisements for the applicant's request must appear in
newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the
scheduled CRA board meeting. All required notices to surrounding property owners must be
postmarked no later than fifteen (15) days prior to that scheduled public hearing.
(Ord. No. 00-70, S 2, 12-19-00)
Sec. 2.2. Additional autbority, functions, powers, and duties, as assigned by tbe City
Commission.
The CRA shall have such additional authority, functions, powers and duties, as assigned to the board
by ordinance.
(Ord. No. 00-70, S 2, 12-19-00)
Sec. 2.3. Autbority granted by tbe City \Commission.
A. The following applications/types of requests are processed and reviewed by the Planning and
Zoning Department and shall be reviewed and recommendations made by the CRA board to the City
Commission for approval on the consent agenda:
I. Administrative appeal.
2. Community Design Plan appeal.
3. Land use plan amendment/rezoning.
4. Telecommunication towers (waiver or reduction of separation requirements and/or special
exception regarding application rejection).
5. Conditional Use Approval.
6. Concurrency time extension.
7. Master plan modification.
8. Master plan time extension.
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9. Major site plan modification.
10. New site plan.
11. Parking lot variance.
12. Sign code variance.
13. Site Plan time extension.
14. Subdivision - master plan.
15. Use approval.
16. Zoning code appeal.
17. Zoning code variance.
18. Conditional use approval time extension.
B. The following applications/types of requests are processed and reviewed by the Planning and
Zoning Department and shall be reviewed by the CRA board and a recommendation made to the City
Commission which shall be approved as provided by state law and placed on the appropriate part of the
City Commission agenda pursuant thereto:
1. Abandonment.
2. Annexation.
3. Code review.
4. Comprehensive plan text amendment.
5. Consistency review.
6. Development of regional impact amendment.
7. Height exception.
8. Concurrency appeal.
9. Rezoning.
(Ord. No. 00-70, S 2, 12-19-00)
Sec. 3. Commission designated statutory planning agency.
The City Commission is hereby designated as the city's local planning agency to act on behalf of the
city under the terms and provisions of the local government Comprehensive Planning Act, having the
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general responsibility for the conduct of a comprehensive planning program and the preparation,
supervision and amendment ofthe comprehensive plan or clements or portions thereof applicable to the
areas under the jurisdiction of the city as provided in said act.
(Ord. No. 00-70, 92,12-19-00)
Sec. 4. Review of board and City Commission decisions.
A final decision of the CRA board or the City Commission may be reviewed by the filing of a
Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach
County, Florida, and in accordance with the procedure and within the tine provided by court rule and
such time shall commence to run from the date of the decision sought to be reviewed.
(Ord. No. 00-70, 9 2, 12-19-00)
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163.357 Governing body as the community redevelopment agency.--
(1 Ha) As an alternative to the appointment of not fewer than five or more than seven members of the
agency, the governing body may, at the time of the adoption of a resolution under s. 163.355, or at any
time thereafter by adoption of a resolution, declare itself to be an agency, in which case all the rights,
powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing
body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred.
(b) The members of the governing body shall be the members of the agency, but such members constitute
the head of a legal entity, separate, distinct, and independent from the governing body of the county or
municipality. If the governing body declares itself to be an agency which already exists, the new agency is
subject to all of the responsibilities and liabilities imposed or incurred by the existing agency.
(c) A governing body which consists of five members may appoint two additional persons to act as
members of the community redevelopment agency. The terms of office of the additional members shall be
for 4 years, except that the first person appointed shall initially serve a term of 2 years. Persons appointed
under this section are subject to all provisions of this part relating to appointed members of a community
redevelopment agency.
(2) Nothing in this part prevents the governing body from conferring the rights, powers, privileges, duties,
and immunities of a community redevelopment agency upon any entity in existence on July 1, 1977, which
has been authorized by law to function as a downtown development board or authority or as any other
body the purpose of which is to prevent and eliminate slums and blight through community redevelopment
plans. Any entity in existence on July 1, 1977, which has been vested with the rights, powers, privileges,
duties, and immunities of a community redevelopment agency is subject to all provisions and
responsibilities imposed by this part, notwithstanding any provisions to the contrary in any law or
amendment thereto which established the entity. Nothing in this act shall be construed to impair or
diminish any powers of any redevelopment agency or other entity as referred to herein in existence on the
effective date of this act or to repeal, modify, or amend any law establishing such entity, except as
specifically set forth herein.
History.--s. 2, ch. 77-391; s. 75, ch. 79-400; s. 2, ch. 83-231; s. 5, ch. 84-356.
163.358 Exercise of powers in carrying out community redevelopment and related activities.--The
community redevelopment powers assigned to a community redevelopment agency created under s.
163.356 include all the powers necessary or convenient to carry out and effectuate the purposes and
provisions of this part, except the following, which continue to vest in the governing body of the county or
municipality:
(1) The power to determine an area to be a slum or blighted area, or combination thereof; to designate
such area as appropriate for community redevelopment; and to hold any public hearings required with
respect thereto.
(2) The power to grant final approval to community redevelopment plans and modifications thereof.
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(3) The power to authorize the issuance of revenue bonds as set forth in s. 163.385.
(4) The power to approve the acquisition, demolition, removal, or disposal of property as provided in s.
163.370(3) and the power to assume the responsibility to bear loss as provided in s. 163.370(3).
(5) The power to approve the development of community policing innovations.
History.--s. 2, ch. 77-391; s. 70, ch. 81-259; s. 7, ch. 84-356; s. 34, ch. 91-45; s. 5, ch. 98-314.
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163.370 Powers; counties and municipalities; community redevelopment agencies.--
(1) Every county and municipality shall have all the powers necessary or convenient to carry out and
effectuate the purposes and provisions of this part, including the following powers in addition to others
herein granted:
(a) To make and execute contracts and other instruments necessary or convenient to the exercise of its
powers under this part;
(b) To disseminate slum clearance and community redevelopment information;
(c) To undertake and carry out community redevelopment and related activities within the community
redevelopment area, which redevelopment may include:
1. Acquisition of a slum area or a blighted area or portion thereof.
2. Demolition and removal of buildings and improvements.
3. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas of
major hotels that are constructed in support of convention centers, including meeting rooms, banquet
facilities, parking garages, lobbies, and passageways, and other improvements necessary for carrying out
in the community redevelopment area the community redevelopment objectives of this part in accordance
with the community redevelopment plan.
4. Disposition of any property acquired in the community redevelopment area at its fair value for uses in
accordance with the community redevelopment plan.
5. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or
other improvements in accordance with the community redevelopment plan.
6. Acquisition of real property in the community redevelopment area which, under the community
redevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or
rehabilitation of the structures for guidance purposes, and resale of the property.
7. Acquisition of any other real property in the community redevelopment area when necessary to
eliminate unhealthful, unsanitary, or unsafe conditions; lessen density; eliminate obsolete or other uses
detrimental to the public welfare; or otherwise to remove or prevent the spread of blight or deterioration
or to provide land for needed public facilities.
8. Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in
an area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, or
other similar facilities which have a blighting influence on the surrounding area and over which air rights
sites are to be developed for the elimination of such blighting influences and for the provision of housing
(and related facilities and uses) designed specifically for, and limited to, families and individuals of low or
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moderate income.
9. Construction of foundations and platforms necessary for the provision of air rights sites of housing (and
related facilities and uses) designed specifically for, and limited to, families and individuals of low or
moderate income.
(d) To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or
private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in
connection with a community redevelopment; to install, construct, and reconstruct streets, utilities,
parks, playgrounds, and other public improvements; and to agree to any conditions that it deems
reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to
federal law relating to the determination of prevailing salaries or wages or compliance with labor
standards, in the undertaking or carrying out of a community redevelopment and related activities, and to
include in any contract let in connection with such redevelopment and related activities provisions to
fulfill such of the conditions as it deems reasonable and appropriate.
(e) Within the community redevelopment area:
1. To enter into any building or property in any community redevelopment area in order to make
inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a
court of competent jurisdiction in the event entry is denied or resisted.
2. To acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain, or otherwise any
real property (or personal property for its administrative purposes), together with any improvements
thereon; except that a community redevelopment agency may not exercise any power of eminent domain
unless the exercise has been specifically approved by the governing body of the county or municipality
which established the agency.
3. To hold, improve, clear, or prepare for redevelopment any such property.
4. To mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property.
5. To insure or provide for the insurance of any real or personal property or operations of the county or
municipality against any risks or hazards, including the power to pay premiums on any such insurance.
6. To enter into any contracts necessary to effectuate the purposes of this part.
7. To solicit requests for proposals for redevelopment of parcels of real property contemplated by a
community redevelopment plan to be acquired for redevelopment purposes by a community
redevelopment agency and, as a result of such requests for proposals, to advertise for the disposition of
such real property to private persons pursuant to s. 163.380 prior to acquisition of such real property by
the community redevelopment agency.
(f) To invest any community redevelopment funds held in reserves or sinking funds or any such funds not
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required for immediate disbursement in property or securities in which savings banks may legally invest
funds subject to their control and to redeem such bonds as have been issued pursuant to s. 163.385 at the
redemption price established therein or to purchase such bonds at less than redemption price, all such
bonds so redeemed or purchased to be canceled.
(g) To borrow money and to apply for and accept advances, loans, grants, contributions, and any other
form of financial assistance from the Federal Government or the state, county, or other public body or
from any sources, public or private, for the purposes of this part and to give such security as may be
required and to enter into and carry out contracts or agreements in connection therewith; and to include
in any contract for financial assistance with the Federal Government for or with respect to community
redevelopment and related activities such conditions imposed pursuant to federal laws as the county or
municipality deems reasonable and appropriate which are not inconsistent with the purposes of this part.
(h) Within its area of operation, to make or have made all surveys and plans necessary to the carrying out
of the purposes of this part; to contract with any person, public or private, in making and carrying out
such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not
limited to:
1. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and
improvements.
2. Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land
and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation,
demolition, or removal of buildings and improvements.
3. Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the
undertaking of community redevelopment and related activities.
(i) To develop, test, and report methods and techniques, and carry out demonstrations and other
activities, for the prevention and the elimination of slums and urban blight and developing and
demonstrating new or improved means of providing housing for families and persons of low income.
(j) To apply for, accept, and utilize grants of funds from the Federal Government for such purposes.
(k) To prepare plans for and assist in the relocation of persons (including individuals, families, business
concerns, nonprofit organizations, and others) displaced from a community redevelopment area and to
make relocation payments to or with respect to such persons for moving expenses and losses of property
for which reimbursement or compensation is not otherwise made, including the making of such payments
financed by the Federal Government.
(l) To appropriate such funds and make such expenditures as are necessary to carry out the purposes of
this part; to zone or rezone any part of the county or municipality or make exceptions from building
regulations; and to enter into agreements with a housing authority, which agreements may extend over
any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by
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such county or municipality pursuant to any of the powers granted by this part.
(m) To close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and to plan or
replan any part of the county or municipality.
(n) Within its area of operation, to organize, coordinate, and direct the administration of the provisions
of this part, as they may apply to such county or municipality, in order that the objective of remedying
slum and blighted areas and preventing the causes thereof within such county or municipality may be most
effectively promoted and achieved and to establish such new office or offices of the county or
municipality or to reorganize existing offices in order to carry out such purpose most effectively.
(0) To exercise all or any part or combination of powers herein granted or to elect to have such powers
exercised by a community redevelopment agency.
(p) To develop and implement community policing innovations.
(2) The following projects may not be paid for or financed by increment revenues:
(a) Construction or expansion of administrative buildings for public bodies or police and fire buildings,
unless each taxing authority agrees to such method of financing for the construction or expansion, or
unless the construction or expansion is contemplated as part of a community policing innovation.
(b) Installation, construction, reconstruction, repair, or alteration of any publicly owned capital
improvements or projects which are not an integral part of or necessary for carrying out the community
redevelopment plan if such projects or improvements are normally financed by the governing body with
user fees or if such projects or improvements would be installed, constructed, reconstructed, repaired, or
altered within 3 years of the approval of the community redevelopment plan by the governing body
pursuant to a previously approved public capital improvement or project schedule or plan of the governing
body which approved the community redevelopment plan.
(c) General government operating expenses unrelated to the planning and carrying out of a community
redevelopment plan.
(3) With the approval of the governing body, a community redevelopment agency may:
(a) Prior to approval of a community redevelopment plan or approval of any modifications of the plan,
acquire real property in a community redevelopment area, demolish and remove any structures on the
property, and pay all costs related to the acquisition, demolition, or removal, including any administrative
or relocation expenses.
(b) Assume the responsibility to bear any loss that may arise as the result of the exercise of authority
under this subsection, in the event that the real property is not made part of the community
redevelopment area.
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History.--s. 9, ch. 69-305; s. 7, ch. 77-391; s. 11, ch. 84-356; s. 7, ch. 93-286; s. 8, ch. 94-236; s. 8, ch.
98-314.
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163.380 Disposal of property in community redevelopment area.--
(1) Any county, municipality, or community redevelopment agency may sell, lease, dispose of, or
otherwise transfer real property or any interest therein acquired by it for community redevelopment in a
community redevelopment area to any private person, or may retain such property for public use, and may
enter into contracts with respect thereto for residential, recreational, commercial, industrial,
educational, or other uses, in accordance with the community redevelopment plan, subject to such
covenants, conditions, and restrictions, including covenants running with the land, as it deems necessary
or desirable to assist in preventing the development or spread of future slums or blighted areas or to
otherwise carry out the purposes of this part. However, such sale, lease, other transfer, or retention, and
any agreement relating thereto, may be made only after the approval of the community redevelopment
plan by the governing body. The purchasers or lessees and their successors and assigns shall be obligated
to devote such real property only to the uses specified in the community redevelopment plan and may be
obligated to comply with such other requirements as the county, municipality, or community
redevelopment agency may determine to be in the public interest, including the obligation to begin any
improvements on such real property required by the community redevelopment plan within a reasonable
time.
(2) Such real property or interest shall be sold, leased, otherwise transferred, or retained at a value
determined to be in the public interest for uses in accordance with the community redevelopment plan
and in accordance with such reasonable disposal procedures as any county, municipality, or community
redevelopment agency may prescribe. In determining the value of real property as being in the public
interest for uses in accordance with the community redevelopment plan, the county, municipality, or
community redevelopment agency shall take into account and give consideration to the long-term benefits
to be achieved by the county, municipality, or community redevelopment agency resulting from incurring
short-term losses or costs in the disposal of such real property; the uses provided in such plan; the
restrictions upon, and the covenants, conditions, and obligations assumed by, the purchaser or lessee or
by the county, municipality, or community redevelopment agency retaining the property; and the
objectives of such plan for the prevention of the recurrence of slum or blighted areas. In the event the
value of such real property being disposed of is for less than the fair value, such disposition shall require
the approval of the governing body, which approval may only be given following a duly noticed public
hearing. The county, municipality, or community redevelopment agency may provide in any instrument of
conveyance to a private purchaser or lessee that such purchaser or lessee is without power to sell, lease,
or otherwise transfer the real property without the prior written consent of the county, municipality, or
community redevelopment agency until the purchaser or lessee has completed the construction of any or
all improvements which he or she has obligated himself or herself to construct thereon. Real property
acquired by the county, municipality, or community redevelopment agency which, in accordance with the
provisions of the community redevelopment plan, is to be transferred shall be transferred as rapidly as
feasible in the public interest, consistent with the carrying out of the provisions of the community
redevelopment plan. Any contract for such transfer and the community redevelopment plan, or such part
or parts of such contract or plan as the county, municipality, or community redevelopment agency may
determine, may be recorded in the land records of the clerk of the circuit court in such manner as to
afford actual or constructive notice thereof.
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(3)(a) Prior to disposition of any real property or interest therein in a community redevelopment area,
any county, municipality, or community redevelopment agency shall give public notice of such disposition
by publication in a newspaper having a general circulation in the community, at least 30 days prior to the
execution of any contract to sell, lease, or otherwise transfer real property and, prior to the delivery of
any instrument of conveyance with respect thereto under the provisions of this section, invite proposals
from, and make all pertinent information avaHable to, private redevelopers or any persons interested in
undertaking to redevelop or rehabHitate a community redevelopment area or any part thereof. Such
notice shall identify the area or portion thereof and shall state that proposals must be made by those
interested within 30 days after the date of publication of the notice and that such further information as is
available may be obtained at such office as is designated in the notice. The county, municipality, or
community redevelopment agency shall consider all such redevelopment or rehabHitation proposals and
the financial and legal ability of the persons making such proposals to carry them out; and the county,
municipality, or community redevelopment agency may negotiate with any persons for proposals for the
purchase, lease, or other transfer of any real property acquired by it in the community redevelopment
area. The county, municipality, or community redevelopment agency may accept such proposal as it
deems to be in the public interest and in furtherance of the purposes of this part. Except in the case of a
governing body acting as the agency, as provided in s. 163.357, a notification of intention to accept such
proposal must be filed with the governing body not less than 30 days prior to any such acceptance.
Thereafter, the county, municipality, or community redevelopment agency may execute such contract in
accordance with the provisions of subsection (1) and deliver deeds, leases, and other instruments and take
all steps necessary to effectuate such contract.
(b) Any county, municipality, or community redevelopment agency that, pursuant to the provisions of this
section, has disposed of a real property project with a land area in excess of 20 acres may acquire an
expanded area that is immediately adjacent to the original project and less than 35 percent of the land
area of the original project, by purchase or eminent domain as provided in this chapter, and negotiate a
disposition of such expanded area directly with the person who acquired the original project without
complying with the disposition procedures established in paragraph (a), provided the county, municipality,
or community redevelopment agency adopts a resolution making the following findings:
1. It is in the public interest to expand such real property project to an immediately adjacent area.
2. The expanded area is less than 35 percent of the land area of the original project.
3. The expanded area is entirely within the boundary of the community redevelopment area.
(4) Any county, municipality, or community redevelopment agency may temporarily operate and maintain
real property acquired by it in a community redevelopment area for or in connection with a community
redevelopment plan pending the disposition of the property as authorized in this part, without regard to
the provisions of subsection (1). for such uses and purposes as may be deemed desirable, even though not
in conformity with the community redevelopment plan.
(5) If any conflict exists between the provisions of this section and s. 159.61, the provisions of this section
govern and supersede those of s. 159.61.
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(6) Notwithstanding any provision of this section, if a community redevelopment area is established by
the governing body for the redevelopment of property located on a closed military base within the
governing bOdy's boundaries, the procedures for disposition of real property within that community
redevelopment area shall be prescribed by the governing body, and compliance with the other provisions
of this section shall not be required prior to the disposal of real property.
History.--s. 11, ch. 69-305; s. 9, ch. 77-391; s. 13, ch. 84-356; s. 1, ch. 92-162; s. 906, ch. 95-147; s. 1,
ch. 96-254; s. 9, ch. 98-314.
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163.387 Redevelopment trust fund.--
(1) After approval of a community redevelopment plan, there shall be established for each community
redevelopment agency created under s. 163.356 a redevelopment trust fund. Funds allocated to and
deposited into this fund shall be used by the agency to finance or refinance any community redevelopment
it undertakes pursuant to the approved community redevelopment plan. No community redevelopment
agency may receive or spend any increment revenues pursuant to this section unless and until the
governing body has, by ordinance, provided for the funding of the redevelopment trust fund for the
duration of a community redevelopment plan. Such ordinance may be adopted only after the governing
body has approved a community redevelopment plan. The annual funding of the redevelopment trust fund
shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of each
taxing authority derived from or held in connection with the undertaking and carrying out of community
redevelopment under this part. Such increment shall be determined annually and shall be that amount
equal to 95 percent of the difference between:
(a) The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount
from any debt service millage, on taxable real property contained within the geographic boundaries of a
community redevelopment area; and
(b) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is
levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of
the assessed value of the taxable real property in the community redevelopment area as shown upon the
most recent assessment roll used in connection with the taxation of such property by each taxing authority
prior to the effective date of the ordinance providing for the funding of the trust fund.
However, the governing body of any county as defined in s. 125.011 (1) may, in the ordinance providing for
the funding of a trust fund established with respect to any community redevelopment area created on or
after July 1, 1994, determine that the amount to be funded by each taxing authority annually shall be less
than 95 percent of the difference between paragraphs (a) and (b), but in no event shall such amount be
less than 50 percent of such difference.
(2)(a) Except for the purpose of funding the trust fund pursuant to subsection (3), upon the adoption of an
ordinance providing for funding of the redevelopment trust fund as provided in this section, each taxing
authority shall, by January 1 of each year, appropriate to the trust fund for so long as any indebtedness
pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum
that is no less than the increment as defined and determined in subsection (1) accruing to such taxing
authority. If the community redevelopment plan is amended or modified pursuant to s. 163.361 (1), each
such taxing authority shall make the annual appropriation for a period not to exceed 30 years after the
date the governing body amends the plan. However, for any agency created on or after July 1, 2002, each
taxing authority shall make the annual appropriation for a period not to exceed 40 years after the fiscal
year in which the initial community redevelopment plan is approved or adopted.
(b) Any taxing authority that does not pay the increment to the trust fund by January 1 shall pay to the
trust fund an amount equal to 5 percent of the amount of the increment and shall pay interest on the
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amount of the increment equal to 1 percent for each month the increment is outstanding.
(c) The following public bodies or taxing authorities are exempt from paragraph (a):
1. A special district that levies ad valorem taxes on taxable real property in more than one county.
2. A special district for which the sole available source of revenue the district has the authority to levy is
ad valorem taxes at the time an ordinance is adopted under this section. However, revenues or aid that
may be dispensed or appropriated to a district as defined in s. 388.011 at the discretion of an entity other
than such district shall not be deemed available.
3. A library district, except a library district in a jurisdiction where the community redevelopment agency
had validated bonds as of April 30, 1984.
4. A neighborhood improvement district created under the Safe Neighborhoods Act.
5. A metropolitan transportation authority.
6. A water management district created under s. 373.069.
(d)1. A local governing body that creates a community redevelopment agency under s. 163.356 may
exempt from paragraph (a) a special district that levies ad valorem taxes within that community
redevelopment area. The local governing body may grant the exemption either in its sole discretion or in
response to the request of the special district. The local governing body must establish procedures by
which a special district may submit a written request to be exempted from paragraph (a).
2. In deciding whether to deny or grant a special district's request for exemption from paragraph (a), the
local governing body must consider:
a. Any additional revenue sources of the community redevelopment agency which could be used in lieu of
the special district's tax increment.
b. The fiscal and operational impact on the community redevelopment agency.
c. The fiscal and operational impact on the special district.
d. The benefit to the specific purpose for which the special district was created. The benefit to the
special district must be based on specific projects contained in the approved community redevelopment
plan for the designated community redevelopment area.
e. The impact of the exemption on incurred debt and whether such exemption will impair any outstanding
bonds that have pledged tax increment revenues to the repayment of the bonds.
f. The benefit of the activities of the special district to the approved community redevelopment plan.
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g. The benefit of the activities of the special district to the area of operation of the local governing body
that created the community redevelopment agency.
3. The local governing body must hold a public hearing on a special district's request for exemption after
public notice of the hearing is published in a newspaper having a general circulation in the county or
municipality that created the community redevelopment area. The notice must describe the time, date,
place, and purpose of the hearing and must identify generally the community redevelopment area covered
by the plan and the impact of the plan on the special district that requested the exemption.
4. If a local governing body grants an exemption to a special district under this paragraph, the local
governing body and the special district must enter into an interlocal agreement that establishes the
conditions of the exemption, including, but not limited to, the period of time for which the exemption is
granted.
5. If a local governing body denies a request for exemption by a special district, the local governing body
shall provide the special district with a written analysis specifying the rationale for such denial. This
written analysis must include, but is not limited to, the following information:
a. A separate, detailed examination of each consideration listed in subparagraph 2.
b. Specific examples of how the approved community redevelopment plan will benefit, and has already
benefited, the purpose for which the special district was created.
6. The decision to either deny or grant an exemption must be made by the local governing body within
120 days after the date the written request was submitted to the local governing body pursuant to the
procedures established by such local governing body.
(3) Notwithstanding the provisions of subsection (2). the obligation of the governing body which
established the community redevelopment agency to fund the redevelopment trust fund annually shall
continue until all loans, advances, and indebtedness, if any, and interest thereon, of a community
redevelopment agency incurred as a result of redevelopment in a community redevelopment area have
been paid.
(4) The revenue bonds and notes of every issue under this part are payable solely out of revenues pledged
to and received by a community redevelopment agency and deposited to its redevelopment trust fund.
The lien created by such bonds or notes shall not attach until the revenues referred to herein are
deposited in the redevelopment trust fund at the times, and to the extent that, such revenues accrue. The
holders of such bonds or notes have no right to require the imposition of any tax or the establishment of
any rate of taxation in order to obtain the amounts necessary to pay and retire such bonds or notes.
(5) Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt,
liability, or obligation of the local governing body or the state or any political subdivision thereof, or a
pledge of the faith and credit of the local governing body or the state or any political subdivision thereof,
but shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain on
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the face thereof a statement to the effect that the agency shall not be obligated to pay the same or the
interest thereon except from the revenues of the community redevelopment agency held for that purpose
and that neither the faith and credit nor the taxing power of the local governing body or of the state or of
any political subdivision thereof is pledged to the payment of the principal of, or the interest on, such
bonds.
(6) Moneys in the redevelopment trust fund may be expended from time to time for undertakings of a
community redevelopment agency which are directly related to financing or refinancing of redevelopment
in a community redevelopment area pursuant to an approved community redevelopment plan for the
following purposes, including, but not limited to:
(a) Administrative and overhead expenses necessary or incidental to the implementation of a community
redevelopment plan adopted by the agency.
(b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of
the governing body or the community redevelopment agency for such expenses incurred before the
redevelopment plan was approved and adopted.
(c) The acquisition of real property in the redevelopment area.
(d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site
occupants as provided in s. 163.370.
(e) The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond
anticipation notes, and any other form of indebtedness.
(f) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase
of agency bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve,
redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds,
notes, or other form of indebtedness.
(g) The development of affordable housing within the area.
(h) The development of community policing innovations.
(7) On the last day of the fiscal year of the community redevelopment agency, any money which remains
in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be:
(a) Returned to each taxing authority which paid the increment in the proportion that the amount of the
payment of such taxing authority bears to the total amount paid into the trust fund by all taxing
authorities within the redevelopment area for that year;
(b) Used to reduce the amount of any indebtedness to which increment revenues are pledged;
(c) Deposited into an escrow account for the purpose of later reducing any indebtedness to which
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increment revenues are pledged; or
(d) Appropriated to a specific redevelopment project pursuant to an approved community redevelopment
plan which project will be completed within 3 years from the date of such appropriation.
(8) Each community redevelopment agency shall provide for an independent financial audit of the trust
fund each fiscal year and a report of such audit. Such report shall describe the amount and source of
deposits into, and the amount and purpose of withdrawals from, the trust fund during such fiscal year and
the amount of principal and interest paid during such year on any indebtedness to which is pledged
increment revenues and the remaining amount of such indebtedness. The agency shall provide a copy of
the report to each taxing authority.
History.--s. 11, ch. 77-391; s. 78, ch. 79-400; s. 9, ch. 83-231; s. 15, ch. 84-356; s. 27, ch. 87-224; s. 35,
ch. 91-45; s. 4, ch. 93-286; s. 10, ch. 94-236; s. 1, ch. 94-344; s. 10, ch. 98-314; s. 8, ch. 2002-18; s. 8, ch.
2002-294.
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April 28, 2006
Dear Henderson;
Over the past seven months, the Boynton Beach CRA has made a wide-range of strategic moves to perform
at the highest operational level. At the same time, we've aggressively advanced projects and plans to ensure
that our City's commercial and residential renaissance continues to flourish. Here is an update of key
activities during that time frame:
Projects and financing:
· Approval of the $26 million Ocean Breeze Townhouse project within HOB
· $10 million Bond Issuance for 4th Street roadway improvements, MLK Streetscape Design
Concept; $4.0 milJion for HOB Phase 1 Eminent Domain purchases; and $3.2 million of
HomeBuyers Assistance Program
· Negotiation and closing of the $4.8 miIJion purchase of Two Georges Marina
· Completion of the HOB Plan Financial Feasibility Study
· Completion and CRA adoption of Design Guidelines
· Completion and publication of Retail Demand Analysis
· Completion and CRA adoption of Boynton Beach Corridor Plan
· Completion and publication ofFill Housing Needs Analysis
· Old High School RFP Solicitation published: results expected 8/06
· Trolley grant implementation and route upgrades implemented
· Successful launch of Holiday Jazz Event and Spring Art & Jazz Concert Series
CRA organization and administration:
· Recruit and hire five new CRA staffers
· Completion and publication ofFY 04-05 Audited Financial Statement
· Purchase and implementation ofINCODE Accounting System
· Purchase and implementation of an independent SQL Server System
· Implement Mitigation Plan for the Independent Analysis of CRA Procedure
As we work together to pursue our vision of blending Boynton Beach's heritage with dynamic new
opportunities for growth and prosperity, we look forward to creating and reporting new benchmarks of the
transformation in progress.
Sincey:ly yours,
~"-- t),\I<-{-
LIsa Bright 0
Executive Director
Boynton Beach CRA
RECEIVED
i:AY ~~~:l
I l j
~ITY M!~l\GERIS OFFICE
Cc: CRA Board
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
639 E. Ocean Ave. Ste. 103
Boynton Beach, FL 33435
Office: 561-737-3256 · Fax: 561-737-3258
www.boyntonbeachcra.org
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@=i.boynton-beach.fl.us
www.ci.boynton-beach.fl.us
To:
From:
Date:
Subject:
Mayor Taylor
Vice-Mayor McKoy
Commissioner Ferguson
Commissioner McCray
Commissioner Ensler
Kurt Bressner, City Manager
April 28, 2006
Memo from CRA Board Member Al DeMarco
This week while going through my mail, I noted the attached memo from Al DeMarco. It is an
expression of opinion and reflects some good ideas on how the CRA can be a more effective body. I
share the document with you for your information only. No action is required.
Cc: James Cherof, City Attorney
Wilfred Hawkins, Assistant City Manager
Lisa Bright, CRA Director
rtsbb
April 15, 2006
From: Alexander De Marco
I'm deeply concerned regarding the two e-mail I received from two of our Board
members. Regardless who is wrong or who is right, no Board member has the
right to make public accusations without first discussing it with the CRA Boar~
Chainnan. If there's merit or proof of the accusations, it should be discussed with
the CRA Director and. t he CRAAttomey to assist in resolving the problem.
. .
If the matter cannot be resolved, the CRA Chairman and CRA Attorney should
immediately request the City Manager and City Mayor for their evaluation and
recommendation as to what" action to take next.
If there are serious concerns, the City Manager and the City Mayor has the
authority to notify the City Commissioners and request immediate action.
The City Commissioners have the authority to appoint members to the CRA
Board, they also have the authority to remove them or request the member to
resIgn.
No CRA Board member has the right to take it upon themselves to publicly cntl-
cize or accuse another CRA Board member, They should be asked to resign, so as
not to implicate other CRA Board members or CRA staff members. As an ordi-
nary citizen, they can do as they wish, but not as a Board member. They are solely
responsible for their actions.
Six years ago, I was appointed to the CRA Board with ex-Commissioner Jose
Aquila, We served with the five Commissioners. One year later the City Commis-
sioners appointed five more Board members. At that time, the CRA Board had no
Rules and Regulations, no Code of Ethics. We had limited guidelines. We learned
the hard way, but all went well. We had the full cooperation of the City Manager,
City Mayor, City Attorney, Assistant Manager Gale Sugerman, the staff members
of the P & Z, Building Department and the Development Department. We worked
as a team with little or no problems.
PAGE TWO
For the past six years we've had excellent coverage with the news media. We are
very fortunate to have reporters like Will Vash and Ed Sifuentes, who help tell
the Public, Investors and Developers, the progress we've made in Boynton
Beach with a " positive" approach.
If we are going to be successful in reaching our goals in the future, we must sto~
" negative " gossip and attacks. Negative talk creates negative publicity and
negative results.
It's not good for the CRA Board, it's not good for the CRA Staff and it's .D.Q.t
good for the city Commission. It's not good for the Business Community. It's not
good for the citizens of Boynton. For the future of our wonderful City of
Boynton Beach, we must think, talk and act" positive"
I strongly recommend that the CRA Attorney, the City Attorney and the City
Manager prepare a Manual to include the Rules and Regulations, Code of Eth-
ics, Planning and Zoning Codes and guidelines CRA Board Members must fol-
low.
In the future, when a new CRA Board Member is considered for appointment,
he should review the Manual prior to the appointment and sign an affidavit that
they have received the Manual and agree to abide by the Rules. It's clearly un-
derstood that they will be ask to resign if they fail to abide by the Rules. We sin-
cerely hope this will prevent future problems. We need to make it perfectly clear
that no Board member has the right to publicly criticize any CRA Board member
or CRA Staff member without the approval of the City Commission.
cA I 1)<.. IV\~vcv
"-
Alexander De Marco
~\"fY 0""
,-,:':",-:--.------
r ....... .-
1)) \ ..... . . :t,
o "~.J:
rON ""
XI. - NEW BUSINESS
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
r2J May 2, 2006 April I?, 2006 (Noon) 0 July 5, 2006 June J 9,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda r2J New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Discussion of Code Compliance Board and responsibilities.
EXPLANATION: At the request of two members ofthe City Commission, this item is being placed on the agenda for
discussion. The issue as relayed by the members of the Commission is a perception of rigid enforcement of code issues by the
Code Compliance Board. Staff is requesting policy direction on expected levels of service and enforcement.
PROGRAM IMP ACT: Program impact depends of scope of desired changes by the City Commission.
FISCAL IMPACT: Not known at this time.
ALTERNATIVES: Not known at this time.
~~aru"
Department Head's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLET!N\FORMS\AGENDA ITEM REQUEST FORM.DOC
CIWt--
ARTICLE V. CODE COMPLIANCE BOARD
*Cross reference-Minimum qualifications for appointment and membership on
boards, ~ 2-] 6.
Sec. 2-72. Intent.
Declaration of legislative intent. It is the intent of this article to promote, protect and
improve the health, safety and welfare of the citizens and residents of the city by
authorizing the creation of an administrative board with authority to impose penalties to
provide an equitable, expeditious, effective and inexpensive method of enforcing any
codes and ordinances in force in the city where a pending or repeated violation continues
to exist. (Ord. No. 79-28, 9 ], 9-18-79; Ord. No. 90-13, 9 2, 6-19-90)
Sec. 2-73. Definitions.
As used in this article:
Board attorney means the city attorney or designated board attorney of the city.
Code inspector means those authorized agents or employees of the city whose duty it
is to insure code compliance.
Enforcement board means a code compliance board.
Repeat violation means a violation of a provision of a code or ordinance by a person
who has previously been found through a code enforcement board or any other quasi-
judicial process to have violated or has admitted violating the same provision within five
(5) years prior to the violation, notwithstanding the violations occur at different locations.
(Ord. No. 79-28, 9 3, 9-18-79; Ord. No. 87-1, 9 ],2-3-87; Ord. No. 90-13, 94,6-19-90;
Ord. No. 97-51, 9 1, 11-18-97; Ord. No. 00-10, 92,4-4-00)
Sec. 2-74. Creation, appointment, organization of board.
The city commission may appoint one (1) or more seven-member code compliance
boards, and legal counsel for such boards. The members shall have the following
qualifications and terms of office:
(a) Members of an enforcement board shall be residents of the city. Appointments
shall be made in accordance with applicable law and ordinances on the basis of
experience or interest in the subject matter [under the] jurisdiction of the code
compliance board.
(b) In order that terms of office of all members will not expire at the same time, the
initial appointments to an enforcement board shall be as follows:
G)
Two (2) members shall be appointed for a term of one (1) year.
Two (2) members shall be appointed for a term of two (2) years.
Two (2) members shall be appointed for a term of three (3) years.
The seventh regular member of the board appointed when the number of board
members was raised from six (6) shall at the time of his appointment serve for a period of
three (3) years.
Thereafter, all appointments and terms shall be for a term of three (3) years. Any
member may be reappointed from term to term upon approval of the city commission.
Appointments to fill any vacancy on an enforcement board shall be for the remainder of
the unexpired term of office. If any member falls to attend two (2) of three (3) successive
meetings without cause and without prior approval of the chairman, the enforcement
board shall declare the members' office vacant, and the city commission shall promptly
fill such vacancy. The members shall serve at the pleasure of the city commission and
may be removed as provided in the city Code of Ordinances for removal of members of
the planning and zoning board.
(c) The members of an enforcement board shall elect a chairman. The presence of
four (4) or more members shall constitute a quorum of the enforcement board. Members
shall serve without compensation, but may be reimbursed for such travel expenses,
mileage expenses, and per diem expenses as may be authorized by the city commission.
(d) The city commission hereby appoints the city attorney or his designee as legal
counsel for the code compliance board.
(Ord. No. 79-28, ~ 4, 9-18-79; Ord. No. 79-35, ~ 1, 11-21-79; Ord. No. 80-38, ~ 2, 9-2-
80; Ord. No. 82-19, 9 1, 8-3-82; Ord. No. 87-1, 9 2, 2-3-87; Ord. No. 87-14, 9 1,6-16-87;
Ord. No. 87-19, ~ 1,7-21-87; Ord. No. 90-13,995-7,6-19-90; Ord. No. 97-51,91,11-
18-97)
Sec. 2-75. Provisions wider jurisdiction of boards.
The code enforcement boards shall compliance and have jurisdiction of the following
codes:
Part II, Code of Ordinances fire codes, Chapter 9, licenses, Chapter 13 as well as Part
III, Land Development Regulations planning and development generally, Chapter 1.5;
zoning Chapter 2; planned unit developments, Chapter 2.5; community design plan,
Chapter 9; building, housing and construction, Chapter 20; signs, Chapter 21; parking
lots, Chapter 23; and related technical codes in force in the city.
Q)
(Ord. No. 79-28, 9 2, 9-18-79; Ord. No. 87-1, 9 3, 2-3-87; Ord. No. 88-39, S 1, 9-7-88;
Ord. No. 88-57, S 1, 12-6-88; Ord. No. 96-43, S 1, 10-2-96; Ord. No. 97-51, S 1, 11-18-
97)
Cross references-Prosecution before code compliance board for failure to place street
numbers on buildings, ~ 10-56; acting as nuisance abatement board, 9 10-56.
3
MINUTES OF THE CODE COMPLIANCE BOARD MEETING
HELD ON WEDNESDAY, MARCH 15, 2006 AT 7:00 P.M.
IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Chris DeLiso
David Tolces, Assistant City Attorney
Scott Blasie, Code Administrator
Code Officers:
Willie Webb
Courtney Cain
Luney Guillaume
Skip Lewis
Mike Melillo
Vestiguerne Pierre
Pete Roy
Rich Laverdure
Michele Costantino, Chair
Kathy Cook, Vice Chair
Kathleen Carroll
Richard Yerzy
Robert Foot
Lisa Simshauser
Absent:
I. Call to Order
Chair Costantino called the meeting to order at 7:00 P.M.
II. Approval of Minutes
A motion was made by Ms. Cook to approve the minutes of February15, 2006 and February 23, 2006
with the corrections noted. Mr. Foot seconded the motion for discussion and had a question regarding the
minutes of February 15,2006 for Hayes Clinical Laboratory, Inc., Case #05-2880. It was determined the
minutes did not need any changes for Case #05-2880. A vote was taken and the motion unanimously
passed.
III. Approval of Agenda
Code Officer Laverdue announced the following changes:
Page 3, Case #05-2032 has been removed.
Page 4, Case #05-1788 has been removed.
Page 8, Case #06-214 has been removed.
Page 9, Case #06-292 has been removed.
Page 10, Case #05-1223 has been removed.
Page 13, Case # 06-132 has been removed.
Page 14, Case #06-205 has been removed.
Page 15, Case #06-240 has complied.
Page 18, Case #06-261 has been removed.
Page 19, Case #06-309 has complied.
Page 22, Case #06-155 has been removed.
Page 27, Case #05-2569 has been removed.
Page 32, Case #05-2491 has been removed.
Page 33, Case #05-2607 has been removed.
Page 39, Case #06-329 has complied.
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
Page 42, Case #06-] 19 has complied.
Motion
Mr. Foot moved for approval of the agenda. Ms. Carroll seconded the motion which unanimously carried.
IV, Swearing in of Witnesses and Introduction,
Attorney Tolces eXplained the procedures, and administered the oath to all persons that would be
testifying. He reminded all parties to sign in on the sheet provided at the chamber entrance.
Chair Costantino indicated she had two announcements she would make after the agenda is heard.
Code Officer Laverdue determined who would be testifying.
v. New Business
A. Cases to be Heard
Case # 05-1713
Property Address:
Violations:
West Industrial Associates
1300 W. Industrial Ave., Unit 109
FBC '01 ED BBA 104.1.1
AlC installed without permit. Secure
permit. See copy of "Red Tag" dated
07/22/05 and contact J. Patrick of
Bldg Division to resolve. Violation is
at Unit 109.
Code Officer Cain explained this violation was the result of a referral from a city department and cited the
violation as above. The notice was a written notice giving 10 days to comply. He noted proof of service
was obtained on February 2], 2006 and the green card was signed on February 22, 2006. He reported the
violation could be a health and safety issue and reviewed the matter was red tagged from the Building
Department. Joe Patrick, the Plumbing Inspector indicated currently, they did not have a permit for the
air conditioning unit. The air conditioning is a central air conditioning unit.
Milan Novotny, 1300 W. Industrial Avenue, the landlord for the property was present and pled not
guilty.
Alan Basche, 9604 EI Clair Ranch Road, a tenant was present. He explained he had the air conditioner
installed in 1997. At the time, he alerted the landlord about the air conditioner who advised him to get the
permit and the air conditioning unit. He found a company to install the unit, but they didn't obtain a
permit. Subsequently, the original air conditioning company went out of business, then was sold. He
indicated he could not prove there was a permit.
Mr. Novotny advised the Board Mr. Basche declared bankruptcy in November and to-date, has not
received any discharge of the bankruptcy proceedings, so he is prohibited from doing any work in the
unit. He requested a postponement until he received the discharge from the court. It was anticipated the
discharge would be forthcoming shortly. Mr. Basche indicated he tried to find a contractor to do the work
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
but nobody wanted to come and inspect the location and obtain the permit.
Mr. Foot suggested allowing three months. Code Officer Cain explained when the Building Inspectors
visited the property, they indicated there were people on the premises working and termed it a
"sweatshop". The health and safety aspect was the possibility that the air conditioner was not properly
installed.
Mr. Basche objected to the term "sweatshop".
Code Compliance Administrator Blasie clarified the air conditioning unit only serviced the tenant's unit.
Mr. Basche advised the system is not operational and the unit does not have electricity.
Motion
Based on the testimony and evidence presented in Case #05-1713, Mr. Foot moved that this Board find
that West Industrial Associates is in violation of City of Boynton Beach Code Section as cited, and move
to order that the Respondent correct the violation on or before June 13, 2006. The Board has considered
the gravity of the violation, the actions taken by the Respondent, and any previous violations by
Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $100 per day for each day the violation continues past June 13, 2006 plus Administrative
Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verify compliance with this
Order. Ms. Cook seconded the motion.
Board Attorney Tolces informed the Board the property is subject to a bankruptcy action and advised he
would be hesitant to impose an order that would place a lien on a portion of property in the bankruptcy
proceeding. Mr. Foot expressed his thoughts were the case ran in two directions; one against the owner
and the other against the tenant. Attorney Tolces explained the owner is limited in what he can do to the
property due to the fact the bankruptcy is ongoing. If the Board did so, the Board would need to go
before the Bankruptcy Court and explain their actions.
Mr. Foot withdrew his motion. Ms. Cook withdrew her motion.
Motion
Mr. Foot moved that Case # 05-1713 be tabled to June 21, 2006. Ms. Simshauser seconded the motion
which unanimously carried.
Case # 05-1715
Property Address:
Violations:
West Industrial Associates
1300 W. Industrial Ave., Unit 109
FBC '01 ED 104.1.1
104.7.5 BBA '01 BC
Opening Cut into rated CBS Walls
without a permit. Wood Rack system
built without a permit. You must
secure all permits. See copy of "Red
Tag" dated 07/22/05 and contact Bud
Gall - Building Division to resolve.
Code Officer Cain presented the case and cited the violation as above. The notice was a written notice
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
giving 10 days to comply. Notice was sent on February 21, 2006 and the card was signed February 22,
2006. This violation was for the same unit.
Alan Basche, 9604 El Clair Ranch Road, was present and pled not guilty. He indicated he had a copy
of the permit for the opening in the walls. He had plans from a structural engineer and a bill from the
contractor who obtained the permit and did the work. Mr. Basche suggested this matter was a case of the
City losing the permit.
Milan Novotny, 10979 Spicewood Trail, the landlord of the property was present.
Motion
Mr. Foot moved that Case # 05-17 15 be tabled to June 2 1,2006. Ms. Carroll seconded the motion which
unanimously carried.
Case # 06-217
Property Address:
Violations:
Y ollande Neptune & Nefait Augustin
2975 SE 1st Street
BBA FBC '05105.1.1
BBA FBC '05 108.5
Permit is required for new block
walls and alteration to rear of the
house. Secure permit and inspection
from the building department. Four
times fee will apply for work done
prior to permit issuance.
Code Officer Pierre presented the case and cited the violation as above. Code Officer Guillaume
translated for Mr. Augustin.
Nefait Augustin, 2975 SE 1st Street was present and pled guilty. Mr. Augustin indicated he is trying to
obtain the permits, but the work is not complete. Mr. Augustin is working on the plans and requested six
months. Mr. Augustin acknowledged he was aware he could not do any construction until he got a
permit.
Motion
Based on the testimony and evidence presented in Case #06-02 I 7, Mr. Foot moved that this Board find
that Yollande Neptune & Nefait Augustin are in violation of City of Boynton Beach Code Section as
cited, and move to order that the Respondents correct the violation on or before September 13, 2006. The
Board has considered the gravity of the violation, the actions taken by the Respondents, and any previous
violations by Respondents, and hereby orders that if the Respondent do not comply with this Order, a fine
in the amount of $25 per day for each day the violation continues past September 13, 2006 plus
Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of
Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify
compliance with this Order. Ms. Cook seconded the motion which unanimously passed.
Case # 06-289
Property Address:
Violations:
John Leonard, Jr.
143 SW 24th Ave.
CH15-ART.IX-15-120(D). Inc.
424.2.17.1.1 thru 10
Chapter 20 Sec. 8 E-16
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
4 inch house numbers are required on
front of the house. Please secure aud
clean pool, mow and trim backyard
and sod front & back yard. Repair
screen and trim hedges.
Code Officer Pierre presented the case and cited the violations noted as above.
Mr. John Leonard, 143 SW 24th Avenue, was present and pled guilty. He explained he has cured some
of the violations. The hedges were trimmed, one of the house numbers was lost during the hurricane and
replaced. The pool was drained. He will acid wash the pool this weekend. The hurricane caused a lot
damage and the debris wound up in the pool. The enclosure is no longer there. He indicated he spoke to
someone in the Building Department and left a message for a Bob Donovan, but needs a surveyor. He
will be getting a kiddie fence. He explained he has been at the location for 11 years and has sodded twice
with bahai and in about one year it turned to weeds. He requested direction from the Board. Ms. Cook
explained the Board does not make such recommendations.
Code Officer Guillaume was present and advised he inspected the property Tuesday and it was not yet in
compliance. He distributed photographs for the Board's review. Code Officer Guillaume expressed his
understanding with the situation on the property, but noted Mr. Leonard's property faces SE 23rd Ave.
The pool is wide open.
Attorney Tolces reminded the Board they do not make recommendations on how to come into
compliance. The Board decided to make two motions regarding the violations, one specifically for the
pool.
Motion
Based on the testimony and evidence presented in Case #06-289, Ms. Carroll moved that this Board find
that Mr. John P. Leonard, Jr. is in violation of City of Boynton Beach Code Section as cited, specifically
in regard to the fencing around the pool and move to order that the Respondent correct the violation on or
before April 14, 2006. The Board has considered the gravity of the violation, the actions taken by the
Respondent, and any previous violations by Respondent, and hereby orders that if the Respondent does
not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past
April 14,2006 plus Administrative Costs shall be imposed. The Respondent is further ordered to contact
the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the
property to verify compliance with this Order. Ms. Simshauser seconded the motion which unanimously
passed.
Motion
Based on the testimony and evidence presented in Case #06-289, Ms. Carroll moved that this Board find
that Mr. John P. Leonard, Jr. is in violation of City of Boynton Beach Code Sections as cited, and move to
order that the Respondent correct the violations on or before June 13, 2006. These violations are the
remaining violations in the Order. The Board has considered the gravity of the violations, the actions
taken by the Respondent, and any previous violations by Respondent, and hereby orders that if the
Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the
violations continue past June 13, 2006 plus Administrative Costs shall be imposed. The Respondent is
further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for
re-inspection of the property to verify compliance with this Order. Ms. Simshauser seconded the motion
which unanimously passed.
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Code Compliance Board
Boynton Beach, Florida
March 15,2006
Attorney Tolces requested clarification that the $25 fine in the second motion was for the remaining
violations in their entirety, not for each one. Ms. Carroll confirmed her intent that the fine was for the
violations in their entirety.
Case # 06-356
Property Address:
Violations:
Susan McAvey
109 SE 29th Ave..
CH15-ART.IX-15-120(D). Inc.
424,2.17,1.1 thru 10
please secure pool. De-weed and sod
yard and replace broken windows.
Remove Debris.
Code Officer Pierre presented the case and cited the violations as above.
Mr. John McAvey, 109 SE 29th Avenue was present. He explained Susan is his wife and Rita is his
mother who passed away. He has permission to speak on their behalf and indicated he is in compliance.
He explained the broken window by the garage is fixed and flowers have been planted. He announced he
has done everything he can to satisfy the Board and Code Officer Pierre.
Code Officer Pierre announced his last inspection was March 14, 2006 and there is a temporary fence on
the property which does not close the case.
Mr. McA vey asked for additional time. The screen enclosure was destroyed. He intended to place a
wooden fence around the pool, which has been drained by Grabowski's pool service and the lawn service
is working to secure and improve the premises.
The Board discussed how much time and how long it would take to obtain the permit from the City.
Motion
Based on the testimony and evidence presented in Case #06-356, Ms. Carroll moved that this Board find
that Susan and John McAvey are in violation of City of Boynton Beach Code Sections as cited, and move
to order that the Respondents correct the violation on or before May 14,2006. The Board has considered
the gravity of the violations, the actions taken by the Respondents, and any previous violations by
Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the
amount of $50 per day for each day the violations continue past May 14, 2006 plus Administrative Costs
shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verify compliance with this
Order. Mr. Yerzy seconded the motion which unanimously passed.
Lien Penalty Certifications
Case # 04-1446
Michael R. Rogers
111 NE 3rd Avenue
Code Officer Roy presented the case and indicated the violation still exists. There has been 268 days of
non-compliance.
Mr.
and:
The
~
~
:I Avenue was present. He distributed a letter to the Board Members
'} lites. He explained his problem is he cannot pull everyone together.
( . up and at present, he is operating on a generator.
~
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
Ms. Cook noted Mr. Rogers did the work before the permits and inspections and asked the Board
Attorney if the Board can set this aside or table the case for 90 days. Attorney Tolces indicated it might
be easier to certify the fine and have him come back once the property is in compliance. The Board could
consider a reduction at that time. Mr. Foot explained a Certification means a lien on the property. Mr.
Foot suggested tabling the case for 60 days.
Mr. Rogers indicated he has two mortgage companies waiting to give him proceeds to build a house on
the adjoining lot, but they won't approve the mortgage until they can send out an appraiser which requires
a stricter inspection than those that Code Enforcement conducts. Mr. Foot indicated the liens would go
on his properties and suggested tabling the case for 60 days.
Motion
Mr. Foot moved to table the case until May 17, 2006. Mr. Yerzy seconded the motion which
unanimously passed.
Mr. Foot indicated to date, Mr. Roger's fine is approximately $21,000. He urged Mr. Rogers to attend to
this promptly.
Case #05-2118
1 Star Bowling Center II LP
1390 W. Boynton Beach Blvd.
Code Officer Cain presented the case and indicated the violation still exists. There has been 26 days of
non-compliance.
Ron Barr, 4621 Hollywood Boulevard, Hollywood, Florida ofR. Architectural Studio was present and
explained he is the architect for the project. He explained a few months ago, a colleague of his office
received a notice of violation and came before the Board and presented the solutions to the violation. At
that time, he was retained by AMF Bowling, which is part of] Star Bowling. He announced a survey and
architectural drawings were submitted to the Building Department over 45 days ago. He spoke with
Betsy in the Building Department who spoke with Tara as well as Ken Hall who informed him he just
recently signed off on the plans and they were going from Engineering to Building for issuance. He
called the Building Department and was advised it is being "processed". He asked for an extension as it
was demonstrated that 1 Star is moving forward with resolving the issues, but it is not moving quickly.
He requested a 60-day extension. Mr. Barr understood the fine would still be running and will inform his
client of the fine. He expressed he would be happy to come back before the Board to have the fines
addressed.
Mr. Foot asked for the definition of maintenance for the parking lot, whether it was aesthetics or unsafe
conditions such as potholes, striping and resurfacing. Code Officer Cain responded in this instance, the
definition was basically all of those issues, potholes, resurfacing, etc.
Motion
Ms. Cook moved that Case #05-2] 18 be tabled until the Code Compliance Board Meeting to be held on
May 17, 2006. Ms. Simshauser seconded the motion. The Chair requested a roll call vote. The motion
unanimously passed.
Case #05-2600
Maudira & Zelima Delhomme
815 NW 6th Avenue
Code Officer Cain presented the case and indicated the violation still exists. There has been] 6 days of
non-compliance.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
Maudira Delhomme, 815 NW 6th Avenue, was present. Code Officer Cain explained the home was
damaged by the hurricane and the owners have been displaced. The pool has been secured, however the
homeowners are still not in the dwelling. They have been working with the City.
Motion
Based on the testimony and evidence presented in Case #05-2600, Ms. Carroll moved that this Board find
that the Respondents, Maudria and Zelima Delhomme, were in violation of the City of Boynton Beach
Code Section as cited, subsequent to the date of compliance specified in this Board's Order of February
15, 2006 and in consideration of the gravity of the violation, the actions taken by the Respondents to
remedy the violations and previous violations of the Respondents, that this Board impose and certiry a
fine in the amount of $0 per day plus Administrative Costs, for a total of 16 days of non-compliance. Ms.
Carroll clarified there should be no administrative costs. Mr. Foot seconded the motion which
unanimously carried.
Case #06-78
Fortunato Rubio & Veronica Pantoja
859 NW 8th Avenue
Code Officer Cain presented the case and reviewed the first order was for the pool and had 17 days of
non-compliance.
Veronica Pantoja 859 NW Avenue was present. She explained the delay was damage to the back fence.
She tried to find someone to repair the damage and could not. She received an estimate for $20,000
which is too much for her to spend. She indicated she would have to repair it herself. She indicated she
has the paperwork for the permit but thought 'she needed a Notice of Commencement. It was noted the
pool was secured.
Code Compliance Administrator Blasie indicated she was also cited for needing an occupational license.
She explained she didn't know she needed one but did submit the paperwork for the license. She
elaborated she didn't call for the inspection because she needed to make repairs. Code Compliance
Administrator Blasie explained she cannot obtain an owner contractor permit from the Building
Department because she needs to reside at the location. Ms. Pantoja asked for 30 days. Code
Compliance Administrator Blasie indicated staff was leaning more toward 90 days.
Mr. Foot requested confirmation that the orange security fence is now acceptable. The Building
Department has put out standards, having posts every four feet, however, the fencing must be taunt and
maintained and must be continually looked after. As long as she is trying to get a permanent enclosure,
this is acceptable.
The Board discussed certirying the lien to move the matter along and noted this is just for the pool. There
was a second Board Order that becomes due on March 17, 2006.
Code Officer Cain asked if the matter could be tabled. When she received the Order, she acted
immediately and has done a lot of work to the house. By tabling the case, the fine would still run, but the
lien would not be recorded. Code Officer Cain suggested 90 days. The Board discussed approving 30
days for the pool portion of the violation and a 60 day extension for the second Order.
Motion
Based on testimony and evidence presented in 06-78, Ms. Simshauser moved that this Board find that
Respondents, Fortunato Rubio & Veronica Pantoja are in violation of City of Boynton Beach Code
Sections as cited subsequent to the date of compliance specified in this Board Order of February 25, 2006
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Code Compliance Board
Boynton Beach, Florida
March 15,2006
and in consideration of the gravity of the violation, the actions taken by the Respondents to remedy the
violations and previous violations of the Respondents that this Board impose and certify a fine in the
amount of $1 00 per day to include Administrative Costs for a total of 17 days of non-compliance.
Motion died for lack of a second.
Motion
Mr. Foot moved to table the action until the April 19, 2006 meeting. Ms. Cook seconded the motion
which unanimously passed.
Case #05-2730
A. & Mae H. Gainer
343 NE 13th Avenue
Code Officer Melillo presented the case and noted the days of non-compliance were 17 days.
Dorothy Gainer, 807 NW 3rd Street, appeared as a personal representative of the Estate of Alan and
Mae Helen Gainer. She explained her parents died four years ago and the estate has not been closed. She
pled guilty and indicated she is one of the responsible parties. She explained each time a notice was sent,
she tried to take care of the matter. She lived in the area all her life and when something went wrong, she
utilized individuals her father associated with. She indicated she should have followed up. The property
was re-deeded as of December and she resides in the family home. She indicated she works for the
Broward County Sheriff Office as a first responder and she was not aware of the hearing on February 15,
2006. Ms. Gainer explained the car referenced in the letter is not her vehicle and she paid someone to
remove the debris and the tarp so it could be replaced. She didn't re-inspect the premises. The grass was
cut, but the tarp not removed.
Board Attorney Tolces advised in light of the deed transference, he recommended dismissing the case and
reciting the current property owners.
Motion
Mr. Foot moved the case be dismissed. Mr. Yerzy seconded the motion which unanimously passed.
Case # 06-79
Property Address:
Violations:
Jean & Marie Raymond
440 SW 6th Avenue
CHlS-ART.IX-lS-120(D). Inc.
CHlS-ART.IX-lS-120(E).Inc,
PT3-LDR.CH2. SEC.S.C.t.
PT3- LDR.CH20- VIII.SEC2.H.
Remove all trash and debris and
outside storage from property.
Remove all inoperable vehicles from
property. Clean pool and keep dry to
prevent mosquito infestation,
Code Officer Roy presented the case and indicated the City recommends 30 days. He explained this
violation was a health and safety, and hurricane hazard.
Jean Raymond, 440 SW 6th Avenue, pled no contest. He indicated he is a sick man and needs 60 days.
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Code Compliance Board
Boynton Beach, Florida
March 15,2006
Code Officer Roy distributed pictures for the Board. The pool is secure but dirty and there is only about
one foot of water in it.
Motion
Based on the testimony and evidence presented in Case #06-79, Ms. Cook moved that this Board find that
Jean and Marie Raymond are in violation of City of Boynton Beach Code Sections as cited, and move to
order that the Respondents correct the violation on or before April 14, 2006. The Board has considered
the gravity of the violations, the actions taken by the Respondents, and any previous violations by
Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the
amount of $150 per day for each day the violations continue past April 14, 2006 plus Administrative
Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verify compliance with this
Order. Mr. Foot seconded the motion which passed 5-1 with Ms. Simshauser dissenting.
Case # 06-158
Property Address:
Violations:
Marsha Jones
NW 10th Avenue
10-2 B.B.e. of Ord.
Vacant Lot East of 519 NW 10th Ave.
Remove trash and debris and mow
any overgrowth on property
Code Officer Roy presented the case and recommended 10 days for compliance.
Marsha Jones, mailing address of 533 NW 13th Avenue and residing at 2160 NE 1st Lane was
present and pled not guilty. Ms. Jones explained she owns the land but the trash is coming from the
neighbors. She explained since the last hurricane, trash and debris has been dumped onto the property.
Ms. Jones will look into securing the property with a fence and noted there is a no dumping sign on the
property, yet trash continues to be dumped onto the property.
Code Officer Roy indicated Ms. Jones was previously cited for an automobile which was taken care of,
and another time for trash which was also resolved. Code Officer Roy noted the responsibility of
maintaining the property goes to the landowner.
Motion
Based on the testimony and evidence presented in Case #06-158, Ms. Carroll moved that this Board find
that Marsha Jones is in violation of City of Boynton Beach Code Sections as cited, and move to order that
the Respondent correct the violation on or before April 14,2006. The Board has considered the gravity of
the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and
hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day
for each day the violations continue past April 14, 2006 plus Administrative Costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order
to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser
seconded the motion which unanimously passed.
Case # 06-105
Property Address:
Violations:
Antonia Maxi
147 SE 10th Avenue
13-16 B.B.e. ofOrd.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
Every rental unit used for residential
purposes in the City must be licensed.
This includes rental property four
units or less including single family
residential rentals, condominium and
mobile homes.
Code Officer Guillaume presented the case and indicated the respondent was present.
Antonia Maxi, 147 SE 10th Avenue was present and pled no contest. She requested a 15 day extension.
It was noted she already applied for the license, but there were repairs needed at the location.
Code Officer Webb testified he performed the inspection and the repairs so far did not meet the
conditions for inspection approval.
Motion
Based on the testimony and evidence presented in Case #06-105, Ms. Cook moved that this Board find
that Antonia Maxi is in violation of City of Boynton Beach Code Sections as cited, and move to order that
the Respondent correct the violation on or before May 14,2006. The Board has considered the gravity of
the violations, the actions taken by the Respondent, and any previous violations by the Respondent, and
hereby orders that if the Respondent does not comply with this Order, a fine in the amount of$50 per day
for each day the violations continue past May 14, 2006 plus Administrative Costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order
to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot seconded the
motion which unanimously passed.
Lien Penalty Certifications
Case # 05-1308
Douglas C. Schnell
655 SW 1st Avenue
Code Officer Cain presented the case.
Douglas Schnell, 655 SW 1st Avenue was present and indicated he cleaned the yard and obtained the
permit for the fence and removed the shed. He explained he worked on it on the weekends. Code Officer
Cain indicated it was now in compliance.
Mr. Foot explained the record indicated the Respondent appeared in September and a deadline was set.
Mr. Schnell indicated he asked for six months. The Board noted there was a great deal of time between
when the property was cited and now. Mr. Schnell also noted there was a hurricane. Code Officer Cain
indicated when the deadline was reached the only thing left to do was remove the shed. The Respondent
had a large backyard and he put up a new privacy fence, paver bricks and removed the un-permitted shed.
When Code Officer Cain wrote the case up this morning for the Board, he was going to recommend "No
Fine" based on his belief that the Respondent did everything he could to comply with the Ordinance.
Additionally, Ms. Schnell stayed in constant communication.
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Code Compliance Board
Boynton Beach, Florida
March 15,2006
Motion
Based on testimony and evidence presented in Case #05- 1308, Ms. Carroll moved that this Board find
that the Respondent, Douglas C. Schnell was in violation of the City of Boynton Beach code sections as
cited subsequent to the date of compliance specified in the Board Order of September 21, 2005, and in
consideration of the gravity of the violations, the actions taken by the Respondent to remedy the
violations and previous violations that this Board impose and certify a fine in the amount of $0 to include
Administrative costs for the 143 days of noncompliance. Ms. Cook seconded the motion. The Chair
Secretary asked for a roll call vote. The motion passed 5-1 with Mr. Foot dissenting.
Case #05-2115
Property Address:
Violations:
Thomas A. Thomas Jr. TR
1399 SW 30th Avenue
PT3-LDRCH23-ART 11.0
Parking lot maintenance is required.
Code Officer Cain presented the case and indicated the City recommends 10 days be given for
compliance.
Motion
Based on the testimony and evidence presented in Case #05-21 15, Ms. Cook moved that this Board find
that Thomas A. Thomas, Jr. is in violation of City of Boynton Beach Code Sections as cited, and move to
order that the Respondent correct the violation on or before March 25, 2006. The Board has considered
the gravity of the violations, the actions taken by the Respondents, and any previous violations by
Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $25 per day for each day the violation continues past March 25, 2006 plus Administrative
Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verity compliance with this
Order. Mr. Simshauser seconded the motion which unanimously passed.
Case #06-110
Property Address:
Violations:
Kathleen A, Romeo
303 SW 7th St.
FBC '01 ED 105,6
Red tagged, please call for final
inspection
Code Officer Cain presented the case and recommended 10 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06- I 10, Ms. Cook moved that this Board find
that Kathleen A. Romeo. is in violation of City of Boynton Beach Code Sections as cited, and move to
order that the Respondent correct the violation on or before March 25, 2006. The Board has considered
the gravity of the violations, the actions taken by the Respondents, and any previous violations by
Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $25 per day for each day the violation continues past March 25, 2006 plus Administrative
Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verity compliance with this
Order. Mr. Simshauser seconded the motion which unanimously passed.
Case #06-111
Property Address:
Jonathan & Lisa Hines
683 NW 11 th Street
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Code Compliance Board
Boynton Beach, Florida
March 15,2006
Violations:
FBC '01 ED BBA 104.1.1.
Permit is required
Code Officer Cain presented the case and recommended 10 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-111, Mr. Yerzy moved that this Board find
that Jonathan and Lisa Hines are in violation of City of Boynton Beach Code Sections as cited, and move
to order that the Respondents correct the violation on or before March 25, 2006. The Board has
considered the gravity of the violation, the actions taken by the Respondents, and any previous violations
by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the
amount of $25 per day for each day the violation continues past March 25, 2006 plus Administrative
Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verify compliance with this
Order. Mr. Simshauser seconded the motion which unanimously passed.
Case #05-2530
Property Address:
Violations:
Hudson Valley Holdings
212 E. Boynton Beach Blvd.
FBC '01 ED BBA 104.1.1.
BBA FBC '01104.7.5
A permit is required for landscaping,
curbing and paving.
Code Officer Guillaume presented the case and recommended 10 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #05-2530, Ms. Carroll moved that this Board find
that Hudson Valley Holdings are in violation of City of Boynton Beach Code Sections as cited, and move
to order that the Respondent correct the violations on or before March 25, 2006. The Board has
considered the gravity of the violations, the actions taken by the Respondent, and any previous violations
by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $25 per day for each day the violations continue past March 25, 2006 plus Administrative
Costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verify compliance with this
Order. Ms. Cook seconded the motion which unanimously passed.
Case # 06-241
Property Address:
Violations:
Ricardo Marchensini
916 S. Seacrest Blvd.
424.2.17.1.1 Thru 10
Repair or replace fence and install a
proper swimming pool barrier to
secure the pool.
Code Officer Guillaume presented the case and recommended 10 days for compliance.
Motion
Based on the testimony and evidence presented in Case #06-241, Mr. Foot moved that this Board find that
Ricardo Marchensini is in violation of City of Boynton Beach Code Sections as cited, and move to order
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Code Compliance Board
Boynton Beach, Florida
March 15,2006
that the Respondent correct the violations on or before March 25, 2006. The Board has considered the
gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent,
and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1 00
per day for each day the violations continue past March 25, 2006 plus Administrative Costs shall be
imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re-inspection of the property to verifY compliance with this Order. Ms.
Cook seconded the motion which unanimously passed.
Case # 06-260
Property Address:
Violations:
Joselyn Chery
220 SW 1st St.
13-16 B.B.C. ofOrd.
Occupational License is required for
rental property.
Code Officer Guillaume presented the case and recommended 15 days for compliance.
Motion
Based on the testimony and evidence presented in Case #06-260, Ms. Cook moved that this Board find
that Joselyn Chery is in violation of City of Boynton Beach Code Sections as cited, and move to order
that the Respondent correct the violation on or before March 30, 2006. The Board has considered the
gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent,
and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per
day for each day the violations continue past March 30, 2006 plus Administrative Costs shall be imposed.
The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in
order to arrange for re-inspection of the property to verifY compliance with this Order. Ms. Carroll
seconded the motion that unanimously carried.
Case # 06-77
Property Address:
Violations:
Melchora Jose & Tomas Pedro
1417 S. Seacrest Blvd..
BRA FRC '05 105.1.1
BRA FBC '01 ED 103.5 INCL
CH15-Art.IX-15-120 (D).INC.
Secure building permits and demolish
unsafe structure or rebuild structure
to meet code. All trash and debris
needs to be removed. Yard needs to
be mowed and sod installed in dead
areas of the law.
Code Officer Lewis presented the case and recommended 60 days be given for compliance. Code Officer
Lewis explained the home is vacant. The owner contacted him and requested 60 days to allow him to
obtain a demolition permit. At present the home is secure. There was a fence around the home
Motion
Based on the testimony and evidence presented in Case #06-77, Ms. Cook moved that this Board find that
Melchora Jose & Tomas Pedro are in violation of City of Boynton Beach Code Sections as cited, and
move to order that the Respondents correct the violations on or before May 14, 2006. The Board has
considered the gravity of the violations, the actions taken by the Respondent, and any previous violations
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
by Respondent, and hereby orders that if the Respondent does not comply with this Order, a fine in the
amount of $100 per day for each day the violations continue past May 14, 2006 plus
Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of
Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify
compliance with this Order. Mr. Yerzy seconded the motion. The motion carried 5-1 with Ms.
Simshauser dissenting.
Case # 06-99
Property Address:
Violations:
Ernestine Waters
160 NE 19th Ave.
CHI5-Art.IX-15-120 (D).INC.
13-16 B.B.C. ofOrd.
Please remove inoperable vehicles
from property. Re-sod dead area
west of driveway, remove all auto
parts, from the property. Rental
license is required for rental property.
Code Officer Lewis presented the case and recommended 10 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-99, Ms. Cook moved that this Board find that
Ernestine Waters is in violation of City of Boynton Beach Code Sections as cited, and move to order that
the Respondent correct the violations on or before March 25, 2006. The Board has considered the gravity
of the violations, the actions taken by the Respondent, and any previous violations by Respondent, and
hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100 per
day for each day the violations continue past March 25, 2006 plus Administrative Costs shall be imposed.
The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in
order to arrange for re-inspection of the property to verify compliance with this Order. Mr. Foot
seconded the motion which unanimously carried.
Case # 06-191
Property Address:
Violations:
Omari Murray
340 SW 1 Oth Ave.
13-16 B.B.C. ofOrd.
Rental license is required for rental
property.
Code Officer Lewis presented the case and recommended 15 days be given for compliance. The property
owner has been a repeat offender.
Motion
Based on the testimony and evidence presented in Case #06-191, Mr. Yerzy moved that this Board find
that Omari Murray is in violation of City of Boynton Beach Code Sections as cited, and move to order
that the Respondent correct the violations on or before March 30, 2006. The Board has considered the
gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent,
and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $100
per day for each day the violations continue past March 30, 2006 plus Administrative Costs shall be
imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms.
Simshauser seconded the motion which unanimously carried.
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Code Compliance Board
Boynton Beach, Florida
March 15,2006
Case # 06-193
Property Address:
Violations:
Omari Murray
238 SW 5th Avenue
CHI5-Art.IX-15-120 (D).INe.
13-16 B.B.e. ofOrd.
Please remove inoperable vehicles
from property. Re-sod dead area
west of driveway, remove all auto
parts, from the property. Rental
license is required for rental property.
Code Officer Lewis presented the case and recommended 15 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-193, Ms. Cook moved that this Board find
that Omari Murray is in violation of City of Boynton Beach Code Sections as cited, and move to order
that the Respondent correct the violations on or before March 30, 2006. The Board has considered the
gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent,
and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $1 00
per day for each day the violations continue past March 30, 2006 plus Administrative Costs shall be
imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re-inspection of the property to verify compliance with this Order. Ms.
Simshauser seconded the motion which unanimously carried.
Case # 06-178
Property Address:
Violations:
Charlie Andrews, et al
224 NE 11 th Avenue
CHI5-Art.IX-15-120 (D).INC.
Mow grass, weeds and trim property,
Remove all trash,
Code Officer Melillo presented the case and noted the mailing address as 641 NW 5th Street, Boynton
Beach and recommended five days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-178, Ms. Cook moved that this Board find
that Charlie Andrews, et al are in violation of City of Boynton Beach Code Sections as cited, and move to
order that the Respondents correct the violations on or before March 20, 2006. The Board has considered
the gravity of the violations, the actions taken by the Respondents, and any previous violations by
Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the
amount of $50 per day for each day the violations continue past March 20, 2006 plus Administrative
Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verify compliance with this
Order. Ms. Carroll seconded the motion.
Mr. Foot questioned the urgency of the matter. Code Officer Melillo distributed photographs to the
Board. Attorney Tolces informed the Board from a process standpoint, he was not certain the
Respondents would receive the Order by March 20, 2006. He advised if this is a special case, then make
sure the Order gets out right away.
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Code Compliance Board
Boynton Beach, Florida
March 15,2006
Motion
Ms. Cook, amended her motion to 10 days, to ensure the Respondents received the Order and changed the
amount to $250 per day. Ms. Carroll agreed to amend her second. A vote was taken and unanimously
carried.
Case # 06-314
Property Address:
Violations:
Viola Federhenn
706 NE 7th Ave.
CHI5-Art.IX-15-120 (D).INC.
Mow grass, weeds and trim yard.
Code Officer Melillo presented the case and recommended 10 days be given for compliance. He advised
the house is vacant but secure.
Motion
Based on the testimony and evidence presented in Case #06-314, Mr. Yerzy moved that this Board find
that Viola Federhenn is in violation of City of Boynton Beach Code Sections as cited, and move to order
that the Respondent correct the violations on or before March 25, 2006. The Board has considered the
gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent,
and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of$50 per
day for each day the violations continue past March 25, 2006 plus Administrative Costs shall be imposed.
The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in
order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Cook
seconded the motion which carried 5-1 with Ms. Simshauser dissenting
Case # 06-305
Property Address:
Violations:
Boynton Townhomes, LLC
3480 N. Old Dixie Hwy
CHI5-Art.IX-15-120 (D).INC.
PT3-LDR.CH20- VIII.SEC1.G
Mow and trim front and rear
property. Remove all unregistered
and inoperable vehicles. Secure the
property to prevent unauthorized
entry.
Code Officer Pierre presented the case and recommended 10 days be given for compliance and a fine of
$250 per day. He clarified there were many complaints from the Police Department and homeless
individuals were using the property. He explained there should be an order to board up the property.
Motion
Based on the testimony and evidence presented in Case #06-305, Mr. Foot moved that this Board find that
Boynton Townhomes, LLC are in violation of City of Boynton Beach Code Sections as cited, and move
to order that the Respondents correct the violations on or before March 25, 2006. The Board has
considered the gravity of the violations, the actions taken by the Respondents, and any previous violations
by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the
amount of $250 per day for each day the violations continue past March 25, 2006 plus Administrative
Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach
Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with
this Order. Ms. Cook seconded the motion which unanimously carried.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
Attorney Tolces recommended the Board also approve an Order declaring the property a public health
and safety nuisance and request the City take all steps necessary to board up or secure the property.
Motion
Mr. Foot made a motion, seconded by Ms. Carroll that the Code Enforcement Compliance Board declares
the property a Public Health and Safety Nuisance and requested the City of Boynton Beach take all steps
necessary to board up or secure the property. A vote was taken and unanimously carried.
Case # 05-2699
Property Address:
Violations:
Matthew S. Wagman
301 NWI0th Ave
13-16 B.B.e. or Ordinance
An occupational license is required to
rent property.
Code Officer Roy presented the case and recommended 30 days for compliance.
Motion
Based on the testimony and evidence presented in Case #05-2699, Ms. Cook moved that this Board find
that Matthew S. Wagman is in violation of City of Boynton Beach Code Sections as cited, and move to
order that the Respondent correct the violation on or before April 14, 2006. The Board has considered the
gravity of the violations, the actions taken by the Respondent, and any previous violations by Respondent,
and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of$25 per
day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed.
The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in
order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Carroll
seconded the motion which unanimously carried.
Case # 06-30
Property Address:
Violations:
A, & Willie Mae Hankerson
320 NW 2nd St.
CHIS-ART ,IX-15-120(D).IN e.
PT3-LDR.CH20- VIII.SEC2.A
FBC '01 ED 3401.6
Repair all drywall, ceilings and walls.
Plumbing system to be in working
order. Remove an debris from
Carport. Remove all inoperable
vehicles from property. Finish repairs
to roof with permit.
Code Officer Roy presented the case and recommended 30 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-30, Ms. Carroll moved that this Board find
that A. & Willie Mae Hankerson are in violation of City of Boynton Beach Code Sections as cited, and
move to order that the Respondents correct the violation on or before April ] 4, 2006. The Board has
considered the gravity of the violations, the actions taken by the Respondents, and any previous violations
by Respondents, and hereby orders that if the Respondents do not comply with this Order, a fine in the
amount of $25 per day for each day the violation continues past April 14, 2006 plus
Administrative Costs shall be imposed. The Respondents are further ordered to contact the City of
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verifY
compliance with this Order. Ms. Cook seconded the motion which unanimously carried.
Case # 06-40
Property Address:
Violations:
Ina Thomas
233 NW 6th Ave.
CH15-ART.IX-15-120(D).INe.
Remove all inoperable vehicles from
property. Finish repairs to roof with
permit.
Code Officer Roy presented the case and recommended 30 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-40, Ms. Cook moved that this Board find that
Ina Thomas is in violation of City of Boynton Beach Code Sections as cited, and move to order that the
Respondent correct the violation on or before April 14, 2006. The Board has considered the gravity of the
violation, the actions taken by the Respondent, and any previous violations by Respondent, and hereby
orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for
each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed. The
Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order
to arrange for re-inspection of the property to verifY compliance with this Order. Ms. Carroll seconded
the motion which unanimously carried.
Case # 06-65
Location:
Violations:
Jonathan & Martha White
3095 N. Seacrest Blvd.
CHIS-ART .IX-15-120(D).INe.
BBA FBC '05 105.1.1.
Obtain permits for fire damage repair
work, including electrical systems.
Replace broken windows and removal
loose trash. Trim bushes and mow
tall grass.
Code Officer Webb presented the case and recommended 30 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-65, Ms. Cook moved that this Board find that
Jonathan & Martha White are in violation of City of Boynton Beach Code Sections as cited, and move to
order that the Respondent correct the violation on or before April 14, 2006. The Board has considered the
gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent,
and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of$50 per
day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed.
The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in
order to arrange for re-inspection of the property to verifY compliance with this Order. Ms. Carroll
seconded the motion which unanimously carried.
Case # 06-72
Property Address:
Violations:
Victor Salinas
108 S. Atlantic Drive
CH15-ART.IX-15-120(D). I.INe.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March IS, 2006
Sod all bare areas in yard and swale.
Remove all loose trash and debris and
remove all unlicensed and inoperable
vehicles.
Code Officer Roy presented the case and recommended 30 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-72, Mr. Yerzy moved that this Board find
that V ictor Salinas is in violation of City of Boynton Beach Code Sections as cited, and move to order
that the Respondent correct the violation on or before April 14, 2006. The Board has considered the
gravity of the violation, the actions taken by the Respondent, and any previous violations by Respondent,
and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per
day for each day the violation continues past April 14, 2006 plus Administrative Costs shall be imposed.
The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in
order to arrange for re-inspection of the property to verify compliance with this Order. Ms. Simshauser
seconded the motion which unanimously carried.
Case # 06-224
Property Address:
Violations:
Cedrick L & Katherine Edwards
2315 NE 4th Ct.
Chapter 20 SEe. 8 E-16
Place 4 Inch house number on
building visible from City right of
way.
Code Officer Webb presented the case and recommended 10 days be given for compliance.
Motion
Based on the testimony and evidence presented in Case #06-224, Ms. Cook moved that this Board find
that Cedrick L & Katherine Edwards are in violation of City of Boynton Beach Code Sections as cited,
and move to order that the Respondents correct the violation on or before March 25, 2006. The Board has
considered the gravity of the violation, the actions taken by the Respondents, and any previous violations
by Respondent, and hereby orders that if the Respondents do not comply with this Order, a fine in the
amount of $25 per day for each day the violation continues past March 25, 2006 plus Administrative
Costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verifY compliance with this
Order. Ms. Carroll seconded the motion which unanimously carried.
Case # 06-338
Property Address:
Violations:
Wilfred & Ritta McKenzie
90 NW 27th Ct,
CHIS-ART .IX-IS-120(D),IN e.
PT3-LDR.CG20- VIII.SECl.G.
Property must be kept mowed and
free of all trash and debris. Secure
house to prevent entry by the public
Code Officer Webb presented Case #06-338 and recommended 30 days be given for compliance.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
Motion
Based on the testimony and evidence presented in Case #06-338, Ms. Carroll moved that this Board find
that Wilfred and Ritta McKenzie are in violation of City of Boynton Beach Code Sections as cited, and
move to order that the Respondents correct the violation on or before April 14, 2006. The Board has
considered the gravity of the violation, the actions taken by the Respondents, and any previous violations
by Respondent, and hereby orders that if the Respondents do not comply with this Order, a fine in the
amount of $25 per day for each day the violation continues past April 14, 2006 plus Administrative Costs
shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re-inspection of the property to verify compliance with this
Order. Ms. Simshauser seconded the motion which unanimously carried.
VI. Old Business
Code Officer Laverdure recommended the following Lien Certifications receive a $50 fine:
Page, 56 - Case # 06-23
Page 57 - Case #06-46
Case #06-23
Jerry & Melody A. Brandom
112 NW 10th Avenue
Motion
Based on the testimony and evidence presented in Case #06-23, Ms. Carroll moved that this Board find
that the Respondents have not complied with this Board's Order dated February 15, 2006, and having
considered the gravity of the violations, the actions taken by the Respondents, that this Board impose and
certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until
the Respondents come into compliance or until a judgment is entered based upon this certification of fine.
Ms. Simshauser seconded the motion that unanimously passed.
Case #06-46
Rivers Lue Gennie
515 NW 11th Avenue
Motion
Based on the testimony and evidence presented in Case #06-46, Ms. Carroll moved that this Board find
that the Respondent has not complied with this Board's Order dated February 15, 2006, and having
considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and
certify a fine in the amount of $50 per day plus administrative costs which shall continue to accrue until
the Respondent comes into compliance or until a judgment is entered based upon this certification of fine.
Ms. Simshauser seconded the motion that unanimously passed.
Code Officer Laverdure recommended a fine in the amount of $250 per day for the following cases:
Page 55 - Case# 05-2852
Case #05-2852
Rafael A. Matos
220 NW 1st Avenue
Motion
Based on the testimony and evidence presented in Case #05-2852, Ms. Carroll moved that this Board find
that the Respondents have not complied with this Board's Order dated February 15, 2006, and having
considered the gravity of the violations, the actions taken by the Respondents, that this Board impose an
certify a fine in the amount of $250 per day plus administrative costs which shall continue to accrue until
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
the Respondents come into compliance or until a judgment is entered based upon this certification of fine.
Ms. Simshauser seconded the motion that unanimously passed.
Code Officer Laverdure recommended certifying "No Fine" for the following:
Page 46 - Case #05-2596
Page 5] - Case #05-2728
Page 53 - Case # 05-2535
Page 58 - Case #05-27]4
Case #05-2596
3300 S. Congress Ave. LLC
3300 S. Congress Avenue
Motion
Based on the testimony and evidence presented in Case #05-2596, Ms. Cook moved that this Board find
that the Respondent has not complied with this Board's Order dated December 2 I, 2005, and having
considered the gravity of the violations, the actions taken by the Respondent, that this Board impose an
certify a fine in the amount of $0 (zero) per day plus administrative costs which shall continue to accrue
until the Respondent come into compliance or until a judgment is entered based upon this certification of
fine. Ms. Carroll seconded the motion that unanimously passed.
Case #05-2728
Home Depot USA
1500 SW 8th Street
Motion
Based on the testimony and evidence presented in Case #05-2728, Ms. Cook moved that this Board find
that the Respondent has not complied with this Board's Order dated January ] 8, 2006, and having
considered the gravity of the violations, the actions taken by the Respondent, that this Board impose an
certify a fine in the amount of $0 (zero) per day plus administrative costs which shall continue to accrue
until the Respondent come into compliance or until a judgment is entered based upon this certification of
fine. Ms. Carroll seconded the motion that unanimously passed.
Case # 05-2535
Baptiste Edouard & Hill
2214 NE 4th Court
Motion
Based on the testimony and evidence presented in Case #05-2535, Ms. Cook moved that this Board find
that the Respondents have not complied with this Board's Order dated January 18, 2006, and having
considered the gravity of the violations, the actions taken by the Respondents, that this Board impose an
certify a fine in the amount of $0 (zero) per day plus administrative costs which shall continue to accrue
until the Respondents come into compliance or until a judgment is entered based upon this certification of
fine. Ms. Carroll seconded the motion that unanimously passed.
Case #05-2714
Agosto Rafael
3360 E. Atlantic Drive
Motion
Based on the testimony and evidence presented in Case #05-27 I 4, Ms. Cook moved that this Board find
that the Respondent has not complied with this Board's Order dated February ] 5, 2006, and having
considered the gravity of the violations, the actions taken by the Respondent, that this Board impose an
certify a fine in the amount of $0 (zero) per day plus administrative costs which shall continue to accrue
22
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
March 15,2006
until the Respondent come into compliance or until a judgment is entered based upon this certification of
fine. Ms. Carroll seconded the motion that unanimously passed.
Code Officer Laverdure recommended tabling Case #05-526 for 30 days.
Motion
Ms. Cook moved to table Case #05-526 for 30 days. Ms. Simshauser seconded the motion that
unanimously passed.
VIII. Discussion
Code Compliance Administrator Blasie announced there would be a Lien Reduction meeting next week.
Chair Costantino announced she would not be at the Lien Reduction meeting.
Chair Costantino further announced she requested a letter be included in the Board's package making
them aware there was an anonymous complaint made, which pertained to her property. This letter is
available for public inspection in the Office of the City Clerk and contained pictures taken by the
complainant of Chair Costantino's property. Chair Costantino announced she had her own pictures
available for any interested Board members. She commented on the record, her brother has permits
pulled from the Building Department for damage done to his home from the hurricane and he is working
on his property. The Board expressed it was regrettable a complaint had to be made anonymously and
suggested the complaint not be taken too seriously; in some instances, other Boards do not acknowledge
anonymous complaints.
The Board was reminded there was a Board Appreciation Dinner on April 26, 2006.
There was no further business.
IX, Adjournment
A motion was made by Ms. Cook, seconded by Ms. Carroll to adjourn. A vote was taken and the motion
carried. Meeting adjourned at 9:27 P.M.
Respectfully submitted,
Catherine Cherry-Guberman
Recording Secretary
032106
23
MICHAEL ROGERS
Business Consultant
111 NE 3rd Avenue
Boynton Beach, Florida 33435-3862
Phone: (561) 369-0711 · Fax: (561) 364-3859 · Cell: (561) 577-2751
March 15, 2006
Code Compliance Board
Attn: Peter Roy - Code Enforcement Officer
Ladies and Gentlemen:
I have never in my life gone through what I have since December 6, 2005, when I was given papers
for electrical and engineering work on. my house by Jim Priest. I have given thousands of dollars
to engineers, electrical contractor, and others, for work to be done. I call them every day --
sometimes a few times per day -- including Saturday and Sunday. The only reply I keep receiving
is that they are very busy and also that they will stop by (but they don't). I sit all day waiting and
no one shows. That leaves me with nowhere to go to carry on with my life and business.
Would you please call them to verify the above statements:
. Turquoise Consulting and Engineering, Razia, and Douglas Browning, (561) 804-9908.
. Chris Electric, (561) 702-8393 -- Ask to speak to Lewis, as he just dropped off the papers for his
electrical diagrams yesterday, March 14, 2006, at 3 PM. I was at a doctor's appointment and
missed speaking with him. Please call him.
The above is one part of this scenario. The other part of this scenario is the insurance company
(Citizens), my private adjuster, the insurance company's adjuster. Everyone speaks or
doublespeaks the same story. There are thousands of people with my problems and more.
I go to church and pray every day, and have even gone to a psychic. People tell me that I am
better off than the Katrina victims -- which I probably am -- but the other side of this coin is that I
also speak with people who tell me that the 1,100 square foot home that I have (built in 1922)
should have been repaired in a matter of days, bearing in mind that these little houses were
purchased from Sears catalog for $3,000 and were constructed in approximately 3-5 days
complete. Being an Neanderthal, I feel that the world has not progress with communications, faxes
and computers. Sometimes it takes an hour to reach a "live person" by phone. I could go on and
on and on, but it makes me ill and gives me a headache. What I want people is to have the
necessary people look at my situation and see what they can do to help me.
Anyway... to close this letter, please let me state that I have the best looking house on the block.
I put in grass, trees and flowers (enclosed are pictures for your file). Stop by and take a look-see.
The doors are open 24/7. I don't know too many places in this day and age that you can do that.
XI. - NEW BUSINESS
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 April 4, 2006 March 20,2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
[8J May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) D July 18,2006 July 3,2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda [8J New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
D Announcement D Presentation
0 City Manager's Report
RECOMMENDA nON: Review Possible Impact of State Eminent Domain Legislation on the Heart of Boynton Plan
EXPLANA TION: The Heart of Boynton Plan was approved on December 4, 2001 as Ordinance 01-59. Background: At
the pre-agenda meeting on April 28, 2006, the City Commission requested that a review of the pending eminent domain
legislation be placed on the City Commission agenda for discussion on May 2, 2006. This is a staff report on this topic. We
begin our analysis with the caveat (as further discussed below) that the pending legislation will pass and thereby impose a
July I sl deadline on filing eminent domain cases to acquire property for the HOB plan. Although staff believes that the City
will be able to complete the necessary filings for eminent domain for all parcels, including the self-assembly area parcels, in
Phase] of the Heart of Boynton/Martin Luther King Boulevard Plan (HOB/MLK) by the July], 2006 deadline, any work
beyond Phase I may be problematic. If the tool of eminent domain is not available, Phase 2 of HOB/MLK plan could only
proceed by negotiated purchase of property. One property owner holdout will bring the plan to revitalize this area to a halt.
Intown Development has proposed to assist the City and the CRA for the acqusition as outlined in the attached staff report.
PROGRAM IMPACT: As noted above. A summary of pending legislation is included in the attached staff report.
FISCAL IMPACT: The cost ofland acqusition is borne by the CRA through an intra-local agreement with the City
whereby the City Commisison authorizes eminent domain by resolution. Payment for land purchases comes from the CRA's
tax increment funds or bond proceeds.
AL TERNA nVES: Staff has identified the following alternatives for implementing Phase I and Phase 2 of the Heart of
Boynton/Martin Luther King Boulevard Plan (HOB/MLK):
I. Continue with the current plan of phase I HOB/MLK acquisitions, approve the last resolutions of necessity for the
six self. assembly parcels on May 16,2006.
2. Proceed with #] and authorize staff to enter into negotiations with Intown Development for a possible development
contract for Phase I of the HOB/MLK and require the developer to obtain the necessary surveys, appraisals and legal
descriptions to allow the City Commission to adopt necessary resolutions for eminent domain for all parcels in Phase 2 of
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
HOB/MLK by May] 6th. Staff does not believe this is in the best interests of the City because of the existence of homestead
exempted properties and institutional uses in Phase 2 of the HOB/MLK plan area. In addition, there is no clarity on the
developer's proposed plans if selected as a master developer for Phase 2 of the HOB/MLK area. That said, the statute does
recognize and encourage the role of the private sector as follows: 163.345 Encouragement ofprivate enterprise.-- Any
county or municipality, to the greatest extent it determines to befeasible in carrying out the provisions of this
part, shall afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole,
to the rehabilitation or redevelopment of the community redevelopment area by private enterprise.
3. Proceed with #1 and wait for the final version of the state's emincnt domain legislation to be known before
proceeding with Phase 2 of the HOB/MLK.
4. Proceed with # I and if SB 2168 is approved, as amended with an October I, 2006 effective date, enter into
negotiations with Intown Development to ascertain if a master development agreement can be completed by July 15,2006.
This will then allow the City to proceed with resolutions of necessity by Septcmber 30, 2006. This option would then trigger
the January 20 I 0 deadline to eomplete the purchase of properties and a redevelopment effort. Keep in mind, if the master
development agreement is terminated, the City must comply with the terms of the new statute. This makes negotiation of any
agreement critically important for longevity. In essence, we are selecting a developer now for a long-term relationship.
Because Intown has indicated that they own or have options on a large number of properties in phase 2 of HOB/MLK, they
feel they are most qualified and should be selected by the CRA and City as the master developer.
5. Proceed with #1 and if SB 2168 is approved, as amended with an October I, 2006 effective date, enter into
negotiations with several development firms to ascertain if a master development agreement can be completed by July 15,
2006. This will then allow the City to proceed with resolutions of necessity by September 30, 2006. This option would then
trigger the January 20 I 0 deadline to complete the purchase of properties and a redevelopment effort. Keep in mind, if the
master development agreement is terminated, the City must comply with the terms of the new statute. This makes
negotiation of any agreement critically important for longevity. In essence, we are selecting a developer now for a long-tenn
relationship. Given the ownership profile of Intown in Phase 2 of HOB/MLK. it is not known if other developers are
interested in the project, especially such a tight time-frame.
6. Proceed v.; ith # I and concede the fact that the legislative changes will mandate negotiated purchase of property for
redevelopment. See the Wall Street Journal article dated, April 8, 2006, "The Anti-Kelo" at the end of the staff memo. The
article is an interesting argument against the use of eminent domain for economic development.
It should be noted that in all of the alternatives above, there is nothing to preclude the voluntary and negotiated sale of
property to the City/CRA. The resolutions of necessity and the court filings move the process along at a prescribed timeline.
Department Head's Signature
~
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETlN\fORMS\AGENDA ITEM REQUEST FORM. DOC
The City of Boynton Beach
OFFICE OF THE CITY MANA GER
100E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-
0310
CITY MA.'VAGER'S OFFICE: (;'561> 742-
6010
FAX: (561) 742-6011
""_I\IA TT.
To:
Mayor Taylor
Vice-Mayor McKoy
Commissioner Ferguson
Commissioner McCray
Commissioner Ensler
From:
Kurt Bressner, City Manager
Date:
April 29, 2006
Subject:
Briefing on Pending Eminent Domain Legislation and the Heart of Boynton Project
Background: At the pre-agenda meeting on April 28, 2006, the City Commission requested that a
review of the pending eminent domain legislation be placed on the City Commission agenda for
discussion on May 2, 2006. This is a staff report on this topic. We begin our analysis with the
caveat (as further discussed below) that the pending legislation will pass and thereby impose a July
1 SI deadline on filing eminent domain cases to acquire property for the HOB plan. Although staff
believes that the City will be able to complete the necessary filings for eminent domain for all
parcels, including the self-assembly area parcels, in Phase I of the Heart of Boynton/Martin Luther
King Boulevard Plan (HOB/MLK) by the July 1,2006 deadline, any work beyond Phase 1 may be
problematic. If the tool of eminent domain is not available, Phase 2 of HOB/MLK plan could only
proceed by negotiated purchase of property. One property owner holdout will bring the plan to
revitalize this area to a halt. Intown Development has proposed to assist the City and the CRA in the
Phase 2 land acquisition.
The City officially adopted the Heart of Boynton Project by Ordinance 01-59 on December 4,2001.
In doing so, the City established the area generally north of Boynton Beach Boulevard, West of
Federal Highway, South of the C-16 Canal and East ofl-95 as a redevelopment area. The Heart of
Boynton Plan recommended land use and zoning for the redevelopment area.
As oflast week the Florida Legislature was advancing two bills that would have a detrimental affect
on the City's ability to complete the Heart of Boynton Plan. The first is House Bill 1567, which has
been passed by that chamber. Staff analysis of this bill is included later in this report. In summary,
HB 1567 effectively ends the use of eminent domain for redevelopment effective July 1,2006. This
means that the City must have all cases filed in court by June 30th for any pending parcel purchases
recommended by the CRA for the Heart of Boynton. Specifically, this includes the 12 parcels
authorized by the City Commission in 2006. This is the Phase I HOB area from between Seacrest,
NE 9th Avenue, NE 11 th A venue and NE 1 st Street. In addition, it may also include the proposed
purchase of6 parcels currently in Phase I of the HOB. On May 9th, the CRA will be considering the
proposed inclusion of these remaining parcels in a resolution for eminent domain. If the CRA
recommends moving forward with these remaining parcels the City Commission will be asked to
approve the resolution of necessity and the intra-local agreement with the CRA. This action will
allow the CRA, to have Phase 1 of the HOB plan in place prior to the July 1,2006 deadline. This
assumes, however, that all cases for eminent domain arc filed in court by June 30, 2006. There are
no homestead-exempted properties in Phase I.
The second eminent domain bill is SB 2168, which was just amended this past week with more
favorable language for cities such as Boynton Beach and Riviera Beach that have qualified
redevelopment plans in place. Nevertheless, the timelines in the latest version ofSB2168 are only
slightly better in that the effective date of the Senate version is October 1, 2006.
This means for the City of Boynton Beach the balance of the Heart of Boynton Plan along Martin
Luther King Boulevard beyond Phase I would need to have resolutions of necessity approved for all
parcels in Phase 2 (that area between NE 11 th Ave and NE 9th Ave and east of NE I st Street
Extended to Federal Highway or the FEC tracks) by September 30,2006 and it appears that the City
would need to agree to or sign onto any agreement with a master developer, also by September 30,
2006.
Unlike Phase 1 of the HOB Martin Luther King Boulevard (MLK) plan, there are homestead -
exempted properties in the Phase 2 of the HOB/MLK plan. I strongly recommend that if the CRA
recommends purchase of any homestead exempted property by eminent domain that the CRA follow
the City's past practice of providing relocation assistance similar to what we have provided in public
infrastructure property takings. Wilson Center is a good example where any homestead exempted
property the City purchased, received relocation assistance.
Last week representatives of a developer met individually with most but not all the members of the
City Commission to propose that the City move forward now with resolutions of necessity for Phase
2 of the HOB/MLK plan. Further, Intown requested that they be designated by the City and the
CRA as the master developer of Phase 2 of HOB/MLK. The theory behind this approach would be
to have all the cases filed by June 30, 2006 for both Phases 1 and 2. As noted above, staff believes
that Phase 1 of the HOB/MLK plan can be completed by June 30, 2006 and meet the most
conservative time-frame of eminent domain legislation. We are not as confident about Phase 2
meeting a June 30th deadline. That said, the alternatives are as follows:
1. Continue with the current plan of phase 1 HOB/MLK acquisitions, approve the last
resolutions of necessity for the six self-assembly parcels on May 16, 2006.
2. Proceed with # 1 and authorize staff to enter into negotiations with Intown Development
for a possible development contract for Phase 1 of the HOB/MLK and require the developer to
obtain the necessary surveys, appraisals and legal descriptions to allow the City Commission to
adopt necessary resolutions for eminent domain for all parcels in Phase 2 of HOB/MLK by May
16th. Staff does not believe this is in the best interests of the City because of the existence of
homestead exempted properties and institutional uses in Phase 2 of the HOB/MLK plan area. In
addition, there is no clarity on the developer's proposed plans if selected as a master developer
2
for Phase 2 of the HOB/MLK area. That said, the statute does recognize and encourage the role
of the private sector as follows: 163.345 Encouragement of private enterprise.-- Any
county or municipality, to the greatest extent it determines to be feasible in carrying out
the provisions of this part, shall afford maximum opportunity, consistent with the sound
needs of the county or municipality as a whole, to the rehabilitation or redevelopment of
the community redevelopment area by private enterprise.
3. Proceed with #1 and wait for the final version of the state's eminent domain legislation to be
known before proceeding with Phase 2 of the HOB/MLK.
4. Proceed with #1 and ifSB 2168 is approved, as amended with an October 1, 2006 effective
date, enter into negotiations with Intown Development to ascertain if a master development
agreement can be completed by July 15, 2006. This will then allow the City to proceed with
resolutions of necessity by September 30, 2006. This option would then trigger the January 2010
deadline to complete the purchase of properties and a redevelopment effort. Keep in mind, if the
master development agreement is terminated, the City must comply with the terms of the new
statute. This makes negotiation of any agreement critically important for longevity. In essence, we
are selecting a developer now for a long-term relationship. Because Intown has indicated that they
own or have options on a large number of properties in phase 2 of HOB/MLK, they feel they are
most qualified and should be selected by the CRA and City as the master developer.
5. Proceed with #1 and ifSB 2168 is approved, as amended with an October 1,2006 effective
date, enter into negotiations with several development firms to ascertain if a master development
agreement can be completed by July 15, 2006. This will then allow the City to proceed with
resolutions of necessity by September 30, 2006. This option would then trigger the January 2010
deadline to complete the purchase of properties and a redevelopment effort. Keep in mind, if the
master development agreement is terminated, the City must comply with the terms of the new
statute. This makes negotiation of any agreement critically important for longevity. In essence, we
are selecting a developer now for a long-term relationship. Given the ownership profile ofIntown in
Phase 2 of HOB/MLK. it is not known if other developers are interested in the project, especially
such a tight time- frame.
6. Proceed with #1 and concede the fact that the legislative changes will mandate negotiated
purchase of property for redevelopment. See the Wall Street Journal article dated, April 8, 2006,
"The Anti-Kelo" at the end of this memo. The article is an interesting argument against the use of
eminent domain for economic development.
It should be noted that in all of the alternatives above, there is nothing to preclude the voluntary and
negotiated sale of property to the City/CRA. The resolutions of necessity and the court filings move
the process along at a prescribed time line.
Cc: James Cherof, City Attorney
3
Wilfred Hawkins, Assistant City Manager
Carisse Lejeune, Assistant to City Manager
Lisa Bright, CRA Director
Quintus Greene. Development Director
4
City Staff Analysis ofHB 1567 and SB 2168 Dated April 14,2006
HB 1567
I. If an eminent domain petition is filed after 7/1/06, the property acquired thereby may not be
conveyed out to a natural person or a private entity except in very limited circumstances (ie., road
right of way, public infrastructure, or after owning the property for 5 years and then only after public
notice and competitive bidding).
2. The elimination of slum and blight or the preservation or enhancement of tax base are NOT
public purposes for which private property may be taken. Private property may only be taken to
eliminate an existing threat to the public health or pubic safety that is likely to continue absent the
exercise of eminent domain (generally-dilapidated structures, unsanitary/unsafe structures, fire
hazards, unfit for habitation or public nuisance with code violations if not substantially rehabilitated
within one year of notice to rehabilitate.
3. The legislation will require amendments to existing CRA ordinances. The legislation imposes
additional notice and public hearing requirements.
4. CRAs may no longer be delegated or otherwise exercise the power to condemn property.
5. Prior to condemnation the City Commission will be required to adopt a reso determining that it
is necessary to eliminate an existing threat to the public health or pubic safety that is likely to
continue absent the exercise of eminent domain. Actual notice of the adoption of the Reso is required
at least 45 days prior to the public hearing.
6. The City's burden of proof of public necessity is increased from greater weigh of the evidence
to clear and convincing and the condemning authority will also have to prove that the property is
being acquired to eliminate an existing threat to the public health or pubic safety that is likely to
continue absent the exercise of eminent domain (generally-dilapidated structures, unsanitary/unsafe
structures, fire hazards, unfit for habitation or public nuisance with code violations). The Court is
NOT to make any presumption of correctness or extend judicial deference to any determination or
finding made by the City Commission.
7. Strict Compliance with the above is required.
8. The Act takes effect 7/1/06 and applies to all property for which a condemnation petition was
filed on or after 7/1/06 .
Staff will monitor HB 1583. The bill, among other things, revises procedures for the adoption or
revision of Community Redevelopment Plans, authorizes tax increments as an incentive for work
force housing.
SB 2168 is the senate counterpart to HB 1567. It provides:
9. Ifan eminent domain petition is filed after 7/1/06, the property acquired thereby may not be
conveyed out to a natural person or a private entity except in very limited circumstances (Le., road
right of way, public infrastructure, or after owning the property for less than 10 years and then only
after public notice and competitive bidding if the property is no longer necessary for the public
purpose and after giving the original owner the right to purchase the property at the price he received
5
from the condemning authority).
] O. The elimination of slum and blight is NOT a public purpose for which private property may be
taken.
1]. Cities power to condemn is preempted to the State except as delegated, to a limited extent.
] 2. The Act does not apply to petitions filed by 9/30/06 as long as the boundary of the community
redevelopment area existed as of 3/7/06, the good faith offers were given after 9/7/05 and before
3/7 /06.
13. The Act takes effect 7/1/06 and applies to all property for which a condemnation petition was
filed on or after 7/1 /06 (except as otherwise provided).
(See addendum below)
Kerry L. Ezrol, Esq.
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
(954) 771-4500
(954) 77]-4923 (fax)
kezrol@cityatty.com
Addendum by Kurt Bressner on April 29, 2006: The Senate Committee on Community Affairs has
recommended that the July 1st deadline in SB 2168 be changed to October L 2006 subject to the
following language.
The Committee on Community Affairs (Bennett) recommended the
12 following amendment:
13
14 Senate Amendment
15 On page 29, line 28, through page 30, line 2, delete
] 6 those lines
17
18 and insert:
19 Section 15. This act shall take effect October],
20 2006, and shall apply to all condemnation proceedings in which
21 a petition of taking is filed pursuant to chapter 73, Florida
22 Statutes, on or after that date except within the boundaries
23 of any community redevelopment agency created pursuant to s.
24 163.370, Florida Statues, where the local governing authority
25 has adopted a resolution of necessity since January 1, 2001,
26 and has selected and entered into an agreement with a master
27 developer prior to the effective date of this act. In such
28 instances, the provisions ofs. 163.375, Florida Statutes 2005
29 shall apply until January 1,2010, for all property not
30 designated as homestead property as defined in s. 6, Art. VII
31 of the State Constitution prior to the effective date of this
6
1
7 :25 PM 04/20/06 s2168c 1 b-ca21-tk9
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB for 2168
Amendment 954132
Please note also that this amendment was the subject of an editorial in the Palm Beach Post on April
29, 2006:
In-the- works exemption
Palm Beach Post Editorial
Saturday, April 29, 2006
Riviera Beach Mayor Michael Brown did what only a mayor can do with his plea that state
legislators protect the $2 billion redevelopment of his city. That may have helped Riviera Beach
weather the eminent- domain storm brought by the u.s. Supreme Court ruling in June that suggested
governments can take people's homes just because.
The 5-4 court ruling, Kelo vs. City of New London (Conn.), said cities could take private property
and transfer it to a private developer if the city claimed to see a public purpose. It has spurred
Senate Bill 2168 to limit governments' ability to seize private property through eminent domain.
But state senators now seem to understand the city's plight and have agreed to craft a bill that
acknowledges Riviera's sole objective was to cure blight as defined by state law. That standard
would continue for eminent-domain takings through 2010 by community redevelopment agencies
that have an agreement with a master developer by October.
Similar pledges have been made by the House leadership for HB 1567, thanks to the efforts of Reps.
Priscilla Taylor, D-West Palm Beach, and Anne Gannon, D-Delray Beach. Mayor Brown says he
only built on the case made by the lobbyists whom he urged the city to hire when he was elected six
years ago. He also credits the Viking Group, the chosen developer with whom the city has yet to
finalize a contract but which has been eliminating the needfor eminent-domain takings by buying
redevelopment-area property at above-market rates. Bob Healy,
Viking's chairman, has gone to Tallahassee 10 times to brieflegislators on the matter, he said. City
Manager Bill Wilkins and CRA Director Floyd Johnson also provided inputfor legislators, as did
Elizabeth Wade, who was city council chairwoman until last month.
The House and Senate lawmakers should reconcile their bills to protect other projects such as the
Heart of Boynton in Boynton Beach, where only two properties and no master developer are
involved. But no bill is better than a bad bill. The Legislature should respect the cities that respected
existing law and played by the state's rules, rather than the Supreme Court's.
Find this article at:
http://www.palmbeachpost.com/opinionlcontent/opinion/epaper/2006/04/29/a 14a _ emdomain _ cdit_ 0
429.html
7
Senate Staff Analysis of SB 2168 (note this analysis was prepared before the amendment to change
the effective date from July 1 st to October 1st)
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed
below.)
Prepared By: Community Affairs Committee - April 24, 2006
Effect of Proposed Changes:
Section 1 creates s. 73.013, F.S., to limit the conveyance of property taken by eminent domain to
non-private parties. The CS prohibits transfers of property taken by eminent domain to private
parties unless the transfer qualifies as one of the exceptions listed in this section. This section
provides that if the state, any political subdivision as defined by statute, or any other entity to which
the power of eminent domain is delegated files a petition oftaking on or after July 1,2006, regarding
a parcel of real property, ownership, lease, or control of property acquired pursuant to the petition
may not be conveyed by the condemning authority or any other entity to a natural person or private
entity, except that ownership, lease, or control of property acquired pursuant to the petition may be
conveyed to a natural person or private entity:
(1) For use in providing common-carrier services or systems;
(2) For use as a road or other right-of-way or means that is open to the public for transportation,
whether at no charge or by toll;
(3) That is a public or private utility for use in providing electricity services or systems, natural or
manufactured gas services or systems, water and wastewater services or systems, stormwater or
runoff services or systems, sewer services or systems, pipeline facilities, telephone services or
systems, or similar services or systems;
(4) For use in providing public infrastructure;
(5) That occupies, pursuant to a lease, an incidental part of a public property or a public facility for
the purpose of providing goods or services to the public;
(6) After public notice and competitive bidding unless otherwise provided by general law or special
act, if the property was owned and controlled by the condemning authority or a governmental entity
for less than 10 years after the condemning authority acquired title to the property, the condemning
authority has shown that the property is no longer needed for the use or purpose for which it was
acquired, and the owner from whom the property was taken by eminent domain was given the
opportunity to repurchase the property at the price he or she received from the condemning
authority;
(7) After public notice and competitive bidding unless otherwise provided by general law or special
act, if the property was owned and controlled by the condemning authority or a governmental entity
for at least 10 years after the condemning authority acquired title to the property; or
(8) In accordance with subsection (2). Subsection (2) provides that if ownership of property is
conveyed to a natural person or private entity pursuant to one of the first five reasons enumerated
above, and that natural person or private entity retains ownership and control of the property for at
least 10 years after acquiring title, the property may subsequently be transferred, after public notice
and competitive bidding unless otherwise provided by general law, to another natural person or
private entity without restriction.
8
Section 2 amends s. 73.021, F.S., to clarify that the condemning authority has the burden of showing
reasonable necessity and a public purpose or use. Moreover, the public interest must dominate any
private gain. The CS also provides in a general eminent domain statute that the prevention and
elimination of slums and blight does not satisfy the public purpose requirement of the Takings
Clause of the State Constitution.
Section 3 amends s. 127.01, F.S., to preempt the power of eminent domain to the state and delegates
limited authority to exercise eminent domain back to the counties, subject to the limitations provided
section I of this CS. Under s. 127.01, F.S., counties have broad authority to exercise eminent domain
for any county purpose. The CS replaces this broad grant of eminent domain power with the
authority to exercise eminent domain for any of an enumerated list of public uses or purposes or as
otherwise provided by general law or special act.
The section provides a list of uses or purposes similar to the list of enumerated uses or purposes for
which a municipality may exercise the power of eminent domain. Some of the authorized purposes
include: streets, public parks, drainage, county buildings, and public utilities.
Provisions prescribing procedural requirements related to the exercise of eminent domain are
removed from s. 127.01, F.S., and replaced by the prescription that all uses of eminent domain must
be done in the manner provided for in chapters 73 and 74, F.S.
Section 4 amends s. 127.02, F.S., to require a board of county commissioners, prior to exercising the
power of eminent domain, to adopt a resolution authorizing the acquisition of a specific parcel of
property. Counties are also authorized to exercise the power of eminent domain as provided by
general law or special act.
Section 5 amends s. 163.335, F.S., to remove the legislative presumption that the exercise of the
power of eminent domain in furtherance of a community redevelopment plan serves public uses and
purposes. The CS adds the legislative finding that the prevention and elimination of slums and blight
do not satisfy the public-purpose requirement of the Takings Clause of the State Constitution, s. 6(a),
Art. X, Fla. Const.
Section 6 amends s. 163.340(12), F.S., to correct a cross-reference.
Section 7 amends s. 163.345, F.S., to subject a county or municipality that acquired property for
purposes of the Community Redevelopment Act to the limitations in section I of this CS when
considering the disposition of the property.
Section 8 amends s. 163.358, F.S., to remove the power ofa county or city to delegate the power of
eminent domain to a community redevelopment agency. It corrects cross-references.
Section 9 amends s. 163.370, F.S., to substantially limit the power of eminent domain under the
Community Redevelopment Act. The CS provides that eminent domain may be used for those
purposes authorized in chapters 127 and 166, F.S., or as otherwise provide by general law or special
act within a community redevelopment area; however, this limited eminent domain power may not
9
be delegated to a community redevelopment agency. The conveyance of property acquired by the
power of eminent domain is subject to the limitations provided in a new section under ch. 73, F.S.
Section 10 repeals s. 163.375, F.S., which grants the power of eminent domain in connection with
community redevelopment.
Section II amends s. 163.380, F.S., to subject property that is acquired in a community
redevelopment area using eminent domain to the limitations in section I of this CS.
Section 12 amends s. 166.401, F.S., to make changes for municipalities that are similar to those
changes made for counties in section 3 of this CS. It preempts the power of eminent domain to the
state except as otherwise provided by general law or special act. The CS provides that when a
municipality exercises the power of eminent domain it must do so in the manner provided for in
chapters 73 and 74, F.S. Prior to exercising the power of eminent domain, the governing body of
a municipality must adopt a resolution authorizing the acquisition of a specific parcel of property.
Section 13 amends s. 166.411, F.S., to modify the list of authorized uses and purposes of eminent
domain for municipalities. The CS removes the provision providing that the exercise of eminent
domain for the abatement of any nuisance serves a public use or purpose and removes the language
that provided the broad catch-all of "other municipal purposes which shall be coextensive with the
powers of the municipality exercising the right of eminent domain." The authorized use or purpose,
it must do so in the manner provided for in chapters 73 and 74, F.S.
Section 14 provides that the provisions of the CS do not apply to property for which a petition of
condemnation is filed under the authority of the Community Redevelopment Act of 1969 on or
before September 30, 2006, if:
(1) The parcel to be acquired is located within the boundaries of a community redevelopment area,
created pursuant to s. 163.356, F.S., which exists as of March 7, 2006; and
(2) The notice and written offer, as evidenced by the return receipt required pursuant to s.
73 .015(1)( c), F.S., were given to the fee owner of the parcel to be acquired after September 7,2005,
and before March 7, 2006.
Section 15 provides effective dates. The provisions of the CS are applicable to all property for which
a petition of condemnation is filed pursuant to ch. 73, F .S., on or after July 1, 2006. (Note: the
amendment 954132 moves the effective date to October 1, 2006 - however, there may be an internal
conflict with Section 14 above.)
KB: 04/29/06
10
. WSJ.com - Cross Country
04/07/200607:35 PM
THE WALL STREET JOURNAL.
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April 6, 2006
The Anti-Keto
Anaheim, Calif.
DOW JONES REPRINTS
~R This copy is for your personal,
non-commercial use only. To order
presentation-ready copies for
distribution to your colleagues,
clients or customers, use the Order
Reprints tool at the bottom of any
article or visit:
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By STEVEN GREENHUT
,'}ltf! (}, ~'f}(M: Pi:lgf' 0.115
While city officials have long micromanaged land-use decisions and
appropriated private property for economic redevelopment, it was not until
the Supreme Court's Kelo v. City of New London decision last summer that
many Americans noticed the degree to which big government has set up
shop on Main Street.
. See a sample reprint in PDF
format.
. Order a reprint of this article now.
Take Garden Grove, an aging working-class city of gaudy strip malls and tract houses 34 miles south of
Los Angeles. In 2002, officials planned to bulldoze a large, decent neighborhood to make way for a
theme park, issuing bond debt to finance subsidies to help its developer. The project failed amid
community protest; so the local government moved on, this time attempting to turn city-owned land
over to a group ofIndians who would work with a Las Vegas developer to build a casino.
Economic redevelopment is a serious, complex issue, but it isn't always done this way; and Anaheim,
just north of Garden Grove, is proving it. Although the community faces similar problems, its city
council, led by Republican Mayor Curt Pringle, is taking a more freedom-friendly approach to
revitalization: protecting property rights, deregulating land uses, promoting competition, loosening
business restrictions and lowering taxes.
Anaheim's old downtown was obliterated in the 1970s through past uses of eminent domain and urban
renewal. Now, the city (population: 328,000) wants to build a new downtown, and the target location is
called the Platinum Triangle, an area of one-story warehouses near Angel Stadium. In the typical world
of redevelopment, officials would choose a plan and a developer, offer subsidies and exclusive
development rights, and exert pressure on existing property owners to leave the area. Instead, Anaheim
created a land-value premium by creating an overlay zone that allowed almost any imaginable use of
property. Because current owners could now sell to a wider range of buyers, the Platinum Triangle is
booming, with billions in private investment, millions of square feet of office, restaurant and retail
space, and more than a dozen new high-rises in the works.
The area is developing quickly, without controversy and without a single piece of property taken by
eminent domain. Early signs point to an enormous success. "Too often, I hear my colleagues in local
government. . . say that Kelo-type eminent domain and redevelopment policies are their only tools to
revitalize cities," Mr. Pringle recently said. "I have a simple message. . . Visit the Platinum Triangle."
http//online.wsj.com/article.print/SBl144293290282185 56.html
Page 1 of 3
W5J.com - Cross Country
04/07/20060735 PM
The previous planning commission and city council were harsh on small businesses seeking variances;
the new council (which took office in December 2002) began overturning one commission decision
after another, with the goal of giving local residents and businesses as much leeway as possible.
The council waived fees for homeowners undertaking renovations, on the grounds that the city would
gain in the long run by the increase in property taxes. Anaheim also waived fees for business start-ups
for three months; some 2,000 new businesses formed in 2005, an increase of one-third from the
previous year. It also passed a tax amnesty and eliminated business taxes altogether for home-based
businesses. Most cities don't like to allow churches to build new worship centers, because tax-exempt
churches typically locate in commercial and industrial areas, taking properties off the tax rolls. Anaheim
has eliminated most hurdles for approving new churches. Its housing plan also avoids "inclusionary
zoning" -- an increasingly popular approach to mandate that builders set aside certain amounts of
"affordable" housing.
"Mayor Pringle is a god in our world," says Kristine Thalman, CEO of the Building Industry
Association of Orange County. "He gets it. He understands the regulatory issues and some of the
impediments to development."
Anaheim's experiment happened almost by accident. Mr. Pringle had always been a free-market guy,
and headed to the California State Assembly when he was 29. He still brags about "the largest business
tax cut in California history" ($1 billion), passed while he was speaker. He ran for mayor in 2002 at the
encouragement of other local leaders, but not, he says, with a specific policy goal in mind. "I didn't run
thinking of these ideas. After winning, I realized this is the smallest council of the largest city in the
state. I could change things. , . . Local government is mostly devoid of exciting new ideas."
At the urging of then-Councilman Tom Tait, a Republican with libertarian leanings, he began to look at
the command-and-control nature of local planning. He found a surprising ally in Councilman Richard
Chavez, a liberal Democrat who agreed that the old rule-bound system was holding back opportunities
for the city's emerging Latino community.
Mr. Chavez said he didn't know what to expect from Messrs. Pringle and Tait, but that both helped him
early on in protecting the interests of some local businesses that were facing unfair treatment from the
city. "Curt created a sense of trust," he says. That trust led to "incredible growth, incredible energy for
the city and a success at providing housing at every level. . . . I get very little negativity, even from
those on the left side of the aisle." Hermetic partisan politics drop away, evidently, in the face of
verifiable success.
In many ways, the Keto case incited a national property-rights mutiny, with hundreds of localities
passing laws that limit the scope of the eminent domain power. Anaheim's circumstance is instructive in
a different sense: By decentralizing bureaucracies and loosening cosseted government regulation, it has
confirmed the vitality and audacity of private enterprise. The city has made itself a laboratory for free-
market thought.
No doubt, most cities will plod along like Garden Grove, embracing typical big-government
redevelopment policies. But success also attracts curiosity, other cities are learning from Anaheim.
Many are in Orange County; but the story is spreading. Mayor Pringle says his ideas are being
employed in the mayoral race up north in San Jose. He was most proud, he said, when Mayor Doug
Davert, of nearby Tustin, recently vowed to "Pringle-ize" his community.
http//online.wsJ.com/article.print/5Bl144 2 93 2 902 82185 56.htmJ
Page 2 of 3
. W5j.com - Cross Country
04/07/20060735 PM
Mr. Greenhut, senior editorial writer and columnist for the Orange County Register, is the author of
"Abuse of Power: How the Government Misuses Eminent Domain" (Seven Locks, 2004).
URl for this article:
http://online.wsj.comlartlcle/SB114429329028218556.html
Copyright 2006 Dow Jones & Company, Inc. All Rights Reserved
T rw, copy IS for your personal, non-commercial usc only. Distribution and use of tills matcnal arc governed by our
Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones
Reprints at 1-800-843-0008 or visit www.djreprints.com.
http://online.wsj.com/article_prinl/SBl1442932902B2185 56.html
Page 3 of 3
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.1
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006
0 April 18,2006 April 3,2006 (!Noon) 0 June 20, 2006
r8J May 2, 2006 April 17,2006 (!Noon) 0 July 5, 2006
0 May 16, 2006 May 1,2006 (!Noon) 0 July 18, 2006
Date Final Form Must be Tumed
in to City Clerk's Office
May 15,2006 (!Noon) '.'J
"
~':..) -"-1
....c. -'
June 5, 2006 (!Noon)
..~.~
--"',>--'
--., ; i
June 19,2006 (!Noon) v:::;
-0
July 3, 2006 (!Noon)
,>)
"'.J
0 Administrative 0 Development Plans c~.
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing r8J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
. -;--1
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"-fi~
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C)
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission recommended that the subject request be approved under Public
Hearing, and Legal, Ordinance - First Reading on April 18, 2006. For further details pertaining to the request, see attached
Department Memorandum No. 06-053.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Lawrence Road Project (ANEX 06-003)
Brian Terry, Land Design South
Vermac Properties 6, LLC
Northeast comer of Lawrence Road and 71 sl A venue South, approximately 350 feet south
ofHypoluxo Road
Request to annex the subject property.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
NIA
N/A
N/A
~~
City Manager's Signature
~ ~~
,/ Planning and Zoning Dirictor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Lawrence Rd. Project-Land Design South\ANEX 06-003\Agenda Item Request Lawrence Rd Property ANEX 06-
003 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
23
1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
2 annexation, constitute a reasonably compact addition to the City boundary.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
That each and every Whereas clause is true and correct.
6
Section 2.
Pursuant to Article 1, Section 7 (32) of the Charter of the City of
7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
8 unincorporated and contiguous tract of land situated and lying and being in the County of
9 Palm Beach, Florida, to wit:
10 The South 1/2 of the North 1/2 of the Northwest 1/4 of the
11 Northwest 1/4 of Section 7, Township 45 South, Range 43 East
12 less the West 40 feet thereof.
13
'14 Containing: 407,263 Square Feet Or 9.349 Acres More or Less.
15
16 Subject to easements, restrictions, reservations and rights-of-way
1 7 of record.
18
19
20 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
21 and become part of the City with the same force and effect as though the same had been
22 originally incorporated in the territorial boundaries thereof.
Section3 :
That Section 6 and 6( a) of the Charter of the City of Boynton Beach,
24 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
25 described in Section 2 of this Ordinance.
26
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
27 zoning designation and Land Use category is being determined as contemplated in Section
S:\CA \Ordinances\PJanninglAnnexationslAnnexation _ Lawrence Road.doc
2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May ]5,2006 (Noon) , C~) --f
>
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) - - "" ". -"-
~~o ~_. 7'.f'1
~ 0 '--.--'
May 2, 2006 April 17,2006 (Noon) Ju]y 5, 2006 June 1 9,2006 (Noon) ".~. '-:::::-_-'
0 May 1 6, 2006 May l, 2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon) v
NATURE OF
AGENDA ITEM
C~) 'j-I
,,0
~'J .-~(T1
0 0 Development Plans "'r~;..
Administrative '-' ~ "0
0 Consent Agenda 0 New Business
0 Public Hearing ~ Legal
0 Bids 0 Un[mished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission recommended that the subject request be approved under Public
Hearing, and Legal, Ordinance - First Reading on April 18,2006. For further details pertaining to the request, see attached
Department Memorandum No. 06-053.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Lawrence Road Project (ANEX 06-003)
Brian Terry, Land Design South
Vennac Properties 6, LLC
Northeast comer of Lawrence Road and 7 I 51 A venue South, approximately 350 feet south
of Hypoluxo Road
Request to annex the subject property.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TIVES:
NIA
NIA
N/A
~~
City Manager's Signature
~ ~~
,/ Planning and Zoning Dirictor City Attorney / Finance 1 Human Resources
S:\Planning\SHAREDlWP\PROJECTS\Lawrence Rd. Project-Land Design South\ANEX 06-003\Agenda Item Request Lawrence Rd Property ANEX 06-
003 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
1 ORDINANCE NO. o6-0S3
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 9.349+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILl" UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FIl,ED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY5 FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, the Vermac Properties 6, LLC, owner, by and through their agent,
23 Brian Terry of Land Design South, of the property more particularly described hereinafter,
24 have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of
26 land consisting of approximately 9.349+/. acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32)
29 ofthe Charter ofthe City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County IS
S:\CA \Ordinances\Planning\Annexations\Annexation - Lawrence Road.doc
1
1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
2 annexation, constitute a reasonably compact addition to the City boundary.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
That each and every Whereas clause is true and correct.
6
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
8 unincorporated and contiguous tract of land situated and lying and being in the County of
9 Palm Beach, Florida, to wit:
10 The South 1/2 of the North 1/2 of the Northwest 1/4 of the
11 Northwest 1/4 of Section 7, Township 45 South, Range 43 East
12 less the West 40 feet thereof.
13
'14 Containing: 407,263 Square Feet Or 9.349 Acres More or Less.
15
16 Subject to easements, restrictions, reservations and rights-of-way
1 7 of record.
18
19
20 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
21 and become part of the City with the same force and effect as though the same had been
22 originally incorporated in the territorial boundaries thereof.
23
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
24 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
25 described in Section 2 of this Ordinance.
26
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
27 zoning designation and Land Use category is being determined as contemplated in Section
S:\CA \OrdinancesIPJanning\Annexations\Annexation _ Lawrence Road.doc
2
1 171.162(2), Florida Statutes.
2
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
3 repealed.
4 Section 6: Should any section or provision of this Ordinance or any portion thereof
5 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
6 the remainder of this Ordinance.
7
Section 7:
This Ordinance shall not be passed until the same has been advertised
8 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
9 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
10
11
Section 8.
Section 9.
This ordinance shall become effective immediately upon passage.
This ordinance, after adoption, shall be filed with the Clerk of the
12 Circuit Court of Palm Beach County, Florida.
13
14
FIRST READING this ~ day of ~R.i L-
,2006.
S:\CA \Ordinances\Planning\Annexations\Annexation - Lawrence Road.doc
3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1
SECOND, FINAL READING and PASSAGE this _ day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
S:\CA \Ordinances\Planning\Annexations\Annexation - Lawrence Road.doc
4
,2006.
TO:
FROM:
THROUGH:
DATE:
PROJEcr NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 06-053
Chair and Members
Planning and Development Board and
Mayor and City Commission
Eric Lee Johnson, AICP ~
Planner ()
Michael W. Rumpf
Director of Planning and Zoning
March 22, 2006
Lawrence Road project (aka Parc Central) / ANEX 06-003 and LUAR
06-004
Annexation of a 9.3S-acre parcel; Amend the Future Land Use
designation from Palm Beach County Medium Residential, 5 units per
acre (MR-S) to Medium Density Residential (MeDR) and rezone from
Palm Beach County Agricultural Residential (AR) to Planned Unit
Development (PUD)
Property Owner:
Applicant:
Agent:
location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Multiple owners
Vermac Properties 6, LLC
Mr. Brian Terry with Land Design South
Northeast comer of Lawrence Road and 71 st Avenue South,
approximately 350 feet south of Hypoluxo Road (Exhibit "A")
:1:9.349 acres (407,263 square feet)
Palm Beach County Medium Residential, 5 units per acre (MR-S)
Palm Beach County Agricultural Residential (AR)
Medium Density Residential (MeDR)
Planned Unit Development (PUD)
Townhouse Community
DevelOped commercial (Grove Plaza) designated with Local Retail
Page 2
File Number: ANEX 06-003/lUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Commercial (LRC) land use and zoned Community Commercial (C-3),
then farther north is right-of-way for Hypoluxo Road, then still farther
north is Santaluces High School designated with Palm Beach County
Institutional (I) land use and zoned Palm Beach County Public
Ownership (PO);
South:
Developed single-family residential properties (Jonathan's Grove)
designated with low Density Residential (LOR) land use and zoned
Single-family Residential (R-l-A), then farther south is vacant
residential located within an enclave of unincorporated Palm Beach
County designated with Medium Residential, 5 units per acre (MR-S)
land use and zoned Agricultural Residential (AR);
Developed Single-family residential lots (Nautica Sound PUD) classified
with low Density Residential (LOR) land use and zoned Planned Unit
Development (PUD); and
East:
West:
Right-of-way for Lawrence Road, then farther west is developed
residential property (Palmyra I) located within unincorporated Palm
Beach County with Medium Density, 5 units per acre (MR-5) land use
and zoned Planned Unit Development (PUD).
EXECUTIVE SUMMARY
This request is found to be inconsistent with the policy recommendation and / or intent of the
Comprehensive Plan. Staff recommends denial of the requested annexation, land use amendment
and rezoning for the following reasons:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future Land Use Support Document, Section VII, Problems and
OpDOrtunities. The above-referenced recommended land use category for this area of the
city is low Density Residential (LOR), not Medium Density Residential (MeDR) in order to
maintain consistent densities and residential character throughout the area. The proposed
project density of 9.63 dwelling units per acre, which would be just under the threshold of
High Density Residential (HDR) strongly contrasts the recommended density and the single-
family character represented by the predominance of single-family detached homes built
within the immediate vicinity at less than five (5) dwelling units per acre;
2. Although the requested annexation is consistent with the City's annexation policy because
the property is contiguous with properties lying within the City of Boynton Beach, and forms
a reasonably compact addition to the city boundaries; it cannot be successfully annexed into
the Qty without the concurrent reclassification and rezoning of the property;
3. Staff disagrees with the applicant's assertion that the site is considered "transitional"
(because It abuts up to a commercial property (Grove Plaza) to the north) and consequently,
eligible and more appropriate for higher residential densities, rather than lower residential
densities;
Page 3
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for Single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are sites elsewhere in the City where townhouse development can be constructed
and be more compatible with surrounding residential developments.
PROJECT ANALYSIS
Mr. Brian Terry, agent for the applicant, Vermac Properties 6, LLC is proposing to annex into the City
of Boynton Beach, a 9.35-acre parcel located at the northeast corner of Lawrence Road and 71 st
Avenue South, approximately 350 feet south of Hypoluxo Road. Several of the lots that comprise
the 9.35-acre parcel have been developed with single-family detached homes. Accompanying this
request for annexation are requests to amend the Future Land Use Element of the Comprehensive
Plan to show the annexed land as "Medium Density Residential" and to rezone this property to a
Planned Unit Development (PUD). The proposed PUD would provide for the construction of 90
townhouse units with a gross density of 9.63 dwelling units per acre. Because of the size of the
subject property, the Florida Department of Community Affairs dassifies 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.
Master I Site Plan Analvsis (see Exhibit "8")
The applicant is proposing to rezone from Agricultural Residential CAR) to a Planned Unit
Development (PUD). The uses proposed in the PUD and the acreages devoted to each are as
follows:
Land Uses Acres
Multi-family Residential 3.58
Private Recreation 0.89
Vehicular Use area 2.26
Open space I Landscaping 2.62
TOTAL 9.35
The Medium Density Residential (MeDR) land use category allows for a gross density (permitted by
the zoning regulations) of greater than 7.26 dwelling units per acre but not more than 9.68 dwelling
units per acre. In this instance, the applicant is proposing a development containing 90 units for an
overall density of 9.63 dwelling units per acre. The 90 units are proposed within 18 separate
buildings on the 9.35-aae site. The unit size would vary depending on the model type selected,
namely Model "A", "B", and "Cft. Model "A" would be the smallest unit style at 1,789 square feet
while Model "eft would be the largest unit (1,957 square feet). The master plan tabular data
indicates that the townhouse buildings would be two (2) stories tall and up to 35 feet in height.
Page 4
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Each unit would have its own two (2)-car garage. The master plan also proposes 21 guest parking
spaces throughout the site.
The project's point of ingress I egress is proposed along Lawrence Road. The curb cut on Lawrence
Road would be separated by a landscaped median. Vehicles' entering the site would proceed to a
circular drive that terminates at gated entry points. Upon entering through the secured access
points, the master plan shows two (2)-way drive aisles proposed along the perimeter of the project.
These linear east-west drive aisles would be 25 feet in width and conform to current engineering
standards. The landscape buffers are proposed on the outside of the drive aisles. A landscape
buffer 10 feet in width is proposed along the south property line abutting the single-family
residences of Jonathans Grove while a is-foot wide landscape buffer is Proposed along the east
property line abutting the single-family residences of Nautica PUD. However, the width of the north
landscape buffer (adjacent to the Grove Plaza commercial center) would vary between five (5) feet
- six (6) inches to 15 feet. The master plan proposes two (2) recreation areas, located at opposite
ends of the rectangular-shaped parcel.
Review Based On 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.
Pursuant to Section 9.C.2 (2) of the Land Development Regulations, when reviewing requests for
annexation, staff is not required to review the petition against the eight (8) criteria by which land
use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed
zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan.
Usually in those instances, staff analysis relates only to consistency with other relevant portions of
the Comprehensive Plan, the dty's annexation program and service capability. The requested land
use designation and rezoning are for a change to higher residential intensities; therefore, a review
based on the criteria is warranted.
a. Whether the Proposed rezoning would be consistent with applicable
comprehensive plan polides Induding but not limited to, a prohibition against
any increase in dwelling unit density exceeding 50 in the hunicane
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 polides contained in the comprehensive plan.
As previously mentioned, the subject property is located within unincorporated Palm Beach County.
As such, the County current land use designation is MR-S, which would allow up to five (5) dwelling
units per acre or in this case, a maximum of 46 units. The applicant's intent Is to annex the site for
the development of a master planned community at a density of 9.63 dwelling units per acre. A
relevant Comprehensive Plan policy pertaining to intergovernmental ooordination is as follows:
Page 5
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Objective 8.11
The City shall participate in intergovernmental coordination processes to
ensure full consideration is given to the impacts of proposed
Comprehensive Plan amendments and future developments on the ability
of the City and adjacent local governments to implement their
Comprehensive Plans and to address area wide land use needs and
justification for amendments.
The requested project density is above what is currently allowed under the County land use
designation. However, it should be noted that the property may potentially be developed with
additional units by utilizing two County land development programs, namely, the Transfer of
Development Rights (TOR) Program and / or the Workforce Housing Program (WHP). As part of the
TOR Program, the County Zoning Division would review a submitted TOR application to determine if
developing a property with additional units from the TOR program is compatible with the existing
development surrounding the property. According to the County, such a determination may indeed
preclude the use of most or all of the TOR units that could be developed on the subject property.
Higher densities may be achieved through the WHP; in this case up to 36 units. However, the
County Planning Division would require the developer to set aside 50% of the 36 additional units for
"workforce housing" under the guidelines of the Program. At this time, the City has no TOR or
affordable housing programs available to developers. While the applicant would be unable to
develop under the County zoning at the desired density without meeting the conditions of the
aforementioned County programs, the applicant has instead chosen to request annexation into the
city with the proposed higher density. City staff opines that the proposed density (9.63 units per
acre) is too intense pursuant to the Comprehensive Plan Future Land Use Support Document,
Section VII, Problems and Opportunities. which recommends as follows:
"Planning Area 6.C. Unincorporated Parcels Adjoining Northwest Corner of the City (presently
unincorporated). With exception of the eight (8)-acre parcel adjacent to Hypoluxo (which is
now Grove Plaza), these parcels should be annexed and placed under the Low Density
Residential land use category, in order to ensure compatibility with existing and future
residential land uses in the vicinity. Annexation of these properties will square off the City's
boundary and will allow the City to control the use of these parcels. Development of these
parcels should be compatible with existing low-density single-family dwellings in this area.
Development of the parcels that lie to the south of the above-mentioned parcel should be
limited to low-density Single-family detached dwellings, with a gross density of not more
than three and one-half (3.5) units per acre".
The requested density would require reclassification to the Medium Density Residential (MeDR) land
use designation, which allows up to 9.68 dwelling units per acre. The proposed land use
classification not only represents a deviation from the recommended classification but is nearly three
(3) land use classes higher in density and therefore, conflicts with the follOWing objective of the
Future Land Use Element of the Comprehensive Plan:
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.
The City has three (3) land use categories that strictly allow single-family detached homes. They
are as follows: Low Density Residential (LOR), Moderate Density Residential (MoOR), and Medium
Page 6
R/e Number: ANEX 06-003 / lUAR 06-004
Name: Lawrence Road project (aka Pare Central)
Density Residential (MeDR). The LOR category allows up to 4.84 dwelling units per acre. The MoOR
category allows a range of densities, between 4.85 and 7.26 dwelling units per acre while the MeDR
allows between 7.27 and 9.68 dwelling units per acre. Anything higher than 9.68 dwelling units per
acre would require the HDR land use category. To put the proposed density into perspective with
the city's single-family land use categories, the proposed density of 9.63 dwelling units per acre is
approximately 0.05 dwelling units per acre below the threshold of the High Density Residential
(HDR) land use category of 9.68 dwelling units per acre, which would be clearly incompatible with
the surrounding land uses to the east, south, and west. According to the Land Use Element of the
Comprehensive Plan, the recommended land use designation allows up to 3.5 dwelling units per
acre. This means that the subject property, being 9.35 acres, is recommended to accommodate up
to 32 dwelling units or less than one-half (1/2) the total units proposed in the accompanying master
plan. The project proposes Single-family attached dwellings (townhouses) but the above-referenced
policy recommends single-family detached dwellings. Again, another relevant objective of the
Future Land Use Element of the Comprehensive Plan indicates the fOllOWing:
Objective 1.19
The City shall evaluate and allow a range of land uses for which the area,
location, and intensity of these uses provide a full range of housing
choices, commercial uses, to ultimately increase tax base, employment
opportunities, recreation and open space opportunities, and public uses
including school sites for both existing and projected populations,
provided that all other comprehensive plan policies are complied with.
Staff concurs with the applicant that the proposed rezoning to PUD to allow townhouses would
increase the diversity of housing types in the locality. In recognizing this and because of the fact
that the property to the north has been developed with a commercial plaza, staff can make
concessions to the above referenced recommendation for Planning Area 6.C., as it relates to the
type of dwelling units or a mix of dwelling unit types; however, the proposed density would not
meet the intent of the recommendation of the Comprehensive Plan. Furthermore, staff can also
make concessions to the above-referenced policy recommendation that limits the property to 3.5
dwelling unit per acre by allowing the project density to be developed within the limits of the LOR
land use category (up to 4.84 dwelling units per acre). It should be noted that by utilizing the PUD
zoning, these units could be arranged with a higher density unit type (i.e. townhouses) being
constructed along the northern boundary of the property adjacent to Grove Plaza and less-dense
unit type (i.e. single-family detached) constructed abutting the single family development to the east
or south, or the density could be dispersed uniformly on the property. This flexibility is available
based on the advisory status of the site specific land use recommendations within the Problems and
Opportunities Section of the Comprehensive Plan.
b. Whether the Proposed rezoning would be contrary to the established land use
pattern, or would aeate an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an indMdual
property owner as contrasted with the protection of the public welfare.
According to the land use amendment / rezoning application, the subject site is currently developed
at a residential intensity of 0.64 dwelling units per acre. Staff concurs with the applicant and
acknowledges that rezoning from County AR to PUD would not create an isolated district unrelated
to adjacent and nearby districts because there are neighboring properties with PUD zoning, lying to
the south, east, and west of the subject property. However, provided below Is a list of specific
objectives taken from the Comprehensive Plan which are relevant to this annexation and land use
Page 7
File Number: ANEX 06-003/ LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
amendment / rezoning request. These objectives were taken from the Future Land Use and
Housing Elements of the Comprehensive Plan.
Objective 1.15
The Oty shall encourage planned development projects which are
sensitive to characteristics of the site and to surrounding land uses, and
mixed-use projects in locations which are appropriate, and utilize other
Innovating methods of regulating land development.
Objective 1.17
Minimize nuisances, hazards, and other adverse impacts to the general
public, to property values, and to residential environments by preventing
or minimizing land use conflicts.
Objective 6.3
By the year 2002, the City shall continue to implement a series of housing
programs aimed at providing adequate housing and housing sites for the
homeless, very-low, low and moderate-income persons to meet their
housing needs.
Pursuant to the recommendation for Planning Area 6.C. within the Comprehensive Plan's Future
Land Use Support Document, Section VII, Problems and Opportunities, the proposed rezoning to a
Planned Unit Development consisting of townhouse units at a density of 9.63 dwelling units per acre
would not be compatible with the single-family detached homes which lie to the east, south, and
west of the subject site.
Staff compared the characteristics between the subject property and the surrounding properties.
For example, the Grove Plaza commercial center located to the north, is zoned (-3 and would allow
up to 10.8 dwelling units per acre under the Local Retail Commercial land use category. Initially,
this would support the applicant's justification for higher residential densities on the subject
property, above and beyond the five (5) dwelling units per acre allowed by the current County MR-S
land use. However, lower residential densities lie to the south, east, and west of the subject
property. For example, the residential lots to the south, developed as the Jonathan's Grove
subdivision, are zoned R-I-A. Platted in 1993, Jonathan's Grove is exactly the same size (9.35
acres) as the subject property, but was developed with only 32 lots at a density of 3.4 dwelling units
per acre. This is in sharp contrast with proposed 9.63 dwelling units per acre. In fact, there are a
total of 16 lots within the Jonathan's Grove subdivision that directly abut the subject property. The
maximum building height in the R-I-A zoning district is 30 feet. While all lots within Jonathan's
Grove are allowed by axle to be developed as two (2)-story structures, it appears as though 15 of
the 16 houses that abut the subject property were developed with one (1)-story structures.
Structure "massing" is one of the major differences between a 30-foot tall townhouse building and a
3o-foot tall single-family detached home. The perceived massing of a townhouse building with three
(3) or mOre units is greater than the massing of one (1) large, single-family detached home. In
other words, a row of townhouse buildings appears larger than a row of single-family detached
homes despite both being limited to equal building heights.
Located west of Lawrence Road is a residential subdivision within Unincorporated Palm Beach
County zoned PUD and classified Medium Residential MR-5. The Palmyra PUD was developed at a
density of 4.4 dwelling units per acre. The density of the Palmyra PUD is well below the requested
density of this project.
Page 8
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
The properties to the east lie within the Nautica Sound PUD subdivision, formerly known as the
Knollwood Groves PUD. On October 17, 1989, the City Commission approved the rezoning from AG
(Agriculture) and R-1AAA (Single-family Residential) to PUD. This 110.91-aae subdivision was
platted in 1996 with 424 residential lots equating to an overall density of 3.82 dwelling units per
acre. Again, the density proposed by the applicant would be much higher than the built
environment of its neighbor to the east. The applicant asserts that "while the proposal results in a
higher density than immediately adjoining residential properties, it is considered that the site and
proposed development perform a transitional and buffering role from commercial development to
the north of these propertieS'. The Palmyra and Jonathan's Grove subdivisions do not abut the
commercial project. However, a 240-foot long stretch of the Nautica Sound PUD _ Plat Two
subdivision directly abuts the Grove Plaza commercial center, which is similar to this project.
Contrary to what is argued by the applicant regarding townhouses as the necessary transitional use,
the Nautica PUD was developed with single-family detached homes where it abuts the same
commercial plaza as that of the subject property. It should be noted that Grove Plaza was platted in
1998, subsequent to approval of Nautica PUD - Plat Two. Nonetheless, Grove Plaza was reviewed
and approved with full knowledge that it would abut single-family detached homes of the Nautica
PUD and visa-versa. The main difference between the Nautica PUD - Plat Two and Jonathan's
Grove is that many of the homes in the Nautica PUD were developed as two (2)-story structures.
Staff disagrees with the applicant's assertion that the Proposed development is considered to
proVide an appropriate interface with adjoining properties and is consistent with the character of the
locality. The applicant admits that there is a predominance of single-family detached housing within
the immediate vicinity. Again, staff does not object to a mix of residential units that includes
townhouses but rather is concerned about significantly higher proposed density.
Comprehensive Plan Objective 6.3 addresses the need for the Oty to address affordable housing
issues. The applicant provided a thorough examination of current and anticipated population
projections, rising property values within the Oty and County, and the need for affordable housing.
The applicant states that "the proposal responds to the current real estate context of rising single-
family housing prices by providing a more affordable alternative for residents of Palm Beach
County". While it is true that this proposal would provide alternate housing and it may in fact,
provide for a more affordable solution, it does nothing to address the needs of affordable housing in
general. Staff acknowledges that solving the County's socio-economic woes and rising real estate
cost are not a responsibility of the developer. However, density bonuses and inclusionary zoning is
a common tool for local municipalities to increase the affordable housing options beyond what the
market currently provides on its own. The positive aspects of indusionary zoning indude the
production of affordable housing at little cost to local government and the creation of Income-
integrated communities. The Oty and Community Redevelopment Agency (eRA) are currently
having the affordable hOUSing needs of the Oty studied as a prerequisite to potential indusionary
housing program.
c. Whether changed or changing conditions make the Proposed rezoning
desirable.
Over the last decade, the city has witnessed a steady trend of properties located either on or near
Lawrence Road, being converted from agricultural to residential uses through the construction of
single-family homes. A predominance of zero-lot line homes have been already constructed within
the immediate vicinity of the subject property. Therefore, there would be no significant change in
conditions that would make the proposed rezoning to Planned Unit Development (PUD) undesirable,
Page 9
File Number: ANEX 06-003/ LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
only the intensity associated with the proposed development, which is unprecedented in the
immediate area.
d. Whether the proposed use would be compatible with utility systems,
roadways, and other public facilities.
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 reviewed the traffic study for the
proposed annexation / land use amendment / rezoning and determined that the proposed
residential project meets the Traffic Performance Standards of Palm Beach County. The
accompanying master plan is expected to generate 644 new daily trips or 184 more trips than the
projected number of trips had the property been built-out to its maximum potential under the
current County MR-5 land use dassification. The project is estimated to require a total of 40,000
gallons of potable water per day. The Oty'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 demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment
capacity is currently available to serve the projected total of 18,000 gallons per day.
Maximum Potential Water / Sewer Traffic
Development Population Demand Generation
Potential Trips / day
existing Land Use 46 townhouse 105 persons 19,780 gpd / 322**
or 8,901 gpd
46 single- 460**
family
detached
Proposed Development 92 fee-Simple 201 persons 40,000 gpd / 644*
townhouse 18,000 gpd
units
* Statistics derived from the land use / amendment application and its supporting documents;
** Telephone conversation with MTP Group, Inc. on March 13/ 2006
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate
capacity exists to accommodate the county's munidpalitles throughout the 10-year planning period.
The School District of Palm Beach County has reviewed the application and has determined that
adequate capacity exists to accommodate the resident population. The Oty's Rre Rescue and Police
Departments have reviewed the application and determined that current staffing levels would be
suffident to meet the expected demand for services. Lastly, drainage will also be reviewed in detail
as part of the review of the site plan approval, and must satisfy all requirements of the city and local
drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and
future use of adjacent and nearby properties, or would affect the property
values of adjacent or nearby properties.
As outlined In the responses to Oiterion "a" and "b", the proposed land use would be inconsistent
with those residential densities approved on the adjacent properties. The residential land uses
Page 10
Rle Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
within the Immediate vicinity are characterized by low density development and likewise, should be
the same for this property. However, the proposed rezoning to PUD would in fact, be consistent
with the current zoning of the adjacent and nearby properties. According to the Palm Beach County
Property Appraiser Office, the price of homes that sold in the last six (6) months within Nautica
Sound PUD - Plat Two, range between $335,000 and $425,000. Homes that sold within the last six
(6) months in Jonathan's Grove subdivision ranged between $395,000 and $460,000. Homes that
sold in Palymra ranged between $380,500 and $455,000. Regardless of what density is proposed,
staff anticipates that any effect on property values would be positive and would help to increase the
city's tax base. However, it is highly likely that the town homes associated with the accompanying
master plan would sell for less money than adjacent single-family detached homes of the adjacent
developments.
f. Whether the property is physically and economically developable under the
existing zoning.
Under the existing County AR zoning, the property could be utilized for a variety of agricultural or
conservation purposes. Also permitted are Single-family detached dwellings on a minimum lot area
of five (5) acres. The City has approved numerous townhouse projects within the last few years.
Ukewise, the City has also approved many residential communities consisting of single-family
detached and zero lot-line homes. These communities of single-family detached homes are more
prevalent west of Congress Avenue. As previously mentioned, the Palmyra One project was one
such project that was recently approved by the County for Single-family detached homes. Palmyra
Two, an extension of Phase One is an example of an adjacent property that was recently annexed
into the city and rezoned to PUO for the construction of 85 Single-family homes. Staff understands
that the developer of the Palmyra PUO is currently searching for more Vacant parcels along
Lawrence' Road in which to develop. It should be noted that in March of 2006, another developer
submitted an annexation and land use amendment / rezoning request for a PUD consisting of 45
zero lot-line homes on the vacant parcel directly south of Jonathan's Grove. This vacant parcel is
very similar to the subject property in terms of its location, size, and topography. The only
difference between the two (2) is that the subject property abuts commercial zoning while this new
application does not. Based on the above, it would appear that the property is physically and
economically developable under the current Comprehensive Plan polic.y for Single-family detached
homes, developecl under the LOR land use category. The applicant emphasizes that "it is considered
that the proposed MeDR land use best responds to the transitional nature of the site and the site
context being between commercial and low density Single-family development". Staff disagrees with
the applicant that the subject property is considered transitional, especially based upon previous
discussions regarding the Nautica Sound PUO immediately abutting the same commercially-zoned
parcel. It should be noted that the Palmyra and Vineyards residential projects both consist of single-
family detached homes located along Hypoluxo Road, an intense arterial road, without any
transitional elements.
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.
Due to the proposed density and building massing, it Is arguable as to whether the proposed
rezoning is of a scale which is reasonably related to the needs of the neighborhood and the Oty as a
whole. Approval of this rezoning request for medium density residential development may also set a
prececlent for similar land use and zoning on the vacant parcel to the south of Jonathan's Grove.
Staff understands that land values directly and Indirectly Influenced the magnitude of townhouse
Page 11
Ale Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
projected developed in the city; however, these projects have been located along Federal Highway
and Congress Avenue where higher densities and mixed-uses are encouraged and represent the
urban environment. However, the suburban areas should be recognized and preselVed for those
residents seeking the suburban environment.
h. Whether there are adequate sites elsewhere in the city for the proposed use,
in districts where such use is already allowed.
Townhouse buildings are currentiy permitted in the Multi-family Residential (R-3), the Suburban
Mixed-Use (SMU), Infill Planned Unit Development (IPUD), Mixed Use-Low Intensity (MU-L), and as
conditional uses in the Mixed Use-High Intensity (MU-H) zoning districts. The remaining supply of
vacant land zoned for multi-family housing is somewhat limited, as the City progresses towards
build-out. However, build-out does not necessary mean that there are not other redevelopment
opportunities elsewhere in the Qty. In fact, the Oty has been experiencing a tremendous amount
of redevelopment and infill activity, especially in the eastern and urban areas of the Oty, such as
along Congress Avenue where buildings, particularly commercial structures are razed and replaced
with townhouse projects. With the vision and recommendations of the Federal Highwav Corridor
Community Redevelopment Plan and subsequent creation of the Special High Density Residential
(SHDR) land use category, Mixed Use-Low Intensity (MU-L), Mixed Use-High Intensity (MU-H), and
the .Infill Planned Unit Development (IPUD) zoning districts, there are still many opportunities
elsewhere in the City where townhouse development would be highly appropriate due to them being
endemic to such urban environments.
CONCLUSIONS/RECOMMENDATIONS
In terms of concurrency, enough capacity exists to selVe the development. Annexation into the City
and subsequent rezoning to PUD would not create additional impacts on infrastructure that cannot
be accommodated by existing capacities. However, as indicated herein, this request is found to be
inconsistent with the policy recommendation and I or intent of the Comprehensive Plan. Therefore,
staff recommends this requested be denied based on the following conclusions:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future Land Use Support Document, Section VII, Problems and
Opcortunities. The above-referenced recommended land Use category for this area of the
city is low Density Residential (LOR), not Medium Density Residential (MeDR). The
proposed project density of 9.63 dwelling units per acre, which would be just under the
threshold of High Density Residential (HDR), is too intense for this suburban area of the City
where there is a predominance of single-family detached homes;
2. Although the requested annexation is consistent with the City's annexation policy because
the property is contiguous with properties lying within the City of Boynton Beach, and forms
a reasonably compact addition to the city boundaries; it cannot be successfully annexed into
the Oty without an appropriate land use category;
3. Staff disagrees with the applicant's assertion that the site is considered "transitional" and
therefore more appropriate for higher residential densities in lieu of lower residential
densities, despite the fact that it abuts up to commercial property (Grove Plaza) to the
north;
Page 12
File Number: ANEX 06-003 / lUAR 06-004
Name: Lawrence Road project (aka Parc Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are adequate sites elsewhere in the City where townhouse developments are
more appropriate and compatible.
If the Planning and Development Board or the City Commission recommends conditions, they will be
induded as Exhibit "C".
S:\P!annlng\SHARED\ WP\PROJECTS\Uiwrence Rd. Project-land DesIgn South\WAR 06-004\Statf Report.doc
LOCATION MAP
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Exhibit "A"
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PARC CENTRAL
PREPAREDFOR:VERMAC
CITY OF BOYNTON BEACH, FLORIDA
'LAND
DESIGN
~g....U H
EXHIBIT "e"
Conditions of Approval
Project name:
File number:
fi
Lawrence Road project (aka Parc Central)
ANEX 06-003 and LUAR 06-003
f d
Re erence: Staf renort Memoran urn P&Z 06-053
DEPARTMENTS INCLUDE REJECT
.
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
.-~,~--~--.
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVlRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Page 2
Lawrence Road project (aka PaTc Central)
File No.: ANEX 06-003 and LUAR 06-004
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECfS\Lawrence Rd. Project-Land Design South\LUAR 06-004\COA.doc
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XII. - LEGAL
DEVELOPMENT
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office
Requested City Commission
Meetinl! Dates
Date Final Form Must be Tumed
in to City Clerk's Office
D April 4, 2006
D April 18, 2006
rgJ May 2, 2006
D May 16, 2006
March 20, 2006 (Noon.)
D June 6, 2006
D June 20, 2006
D July 5, 2006
D July 18, 2006
May 15, 2006 (Noon)
April 3,2006 (Noon)
June 5, 2006 (Noon)
_"'-n-:
April 17,2006 (Noon)
June 19,2006 (Noon)
May 1,2006 (Noon)
July 3, 2006 (Noon) \e}
-~~
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business >.J
rgJ Legal
D Unfmished Business
0 Presentation
-.:,. L ".;
- - r-.,
..i.~-
o
RECOMMENDATION: Please place this request on the May 2, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on April l8, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-053.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Lawrence Road Project (LUAR 06-004)
Brian Terry, Land Design South
Vennac Properties 6, LLC
Northeast comer of Lawrence Road and 71 st Avenue South, approximately 350 feet south
ofHypoluxo Road
Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach
County) to Medium Density Residential (MEDR); and
DESCRIPTION:
Proposed use:
90 Multi-family residential units
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Developme
City Manager's Signature
~....- ~ ~~
,../ Planning and Zoning Di~ctor City Attorney / Finance 1 Human Resources
S:\Planning\SHARED\WP\PROJECTS\Lawrence Rd. Project-Land Design South\LUAR 06-004IAgenda Item Request Lawrence Rd PropertyLUAR 06-
004 amend 5-2-06.dot
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC
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1 ORDINANCE NO. 06-034
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 VERMAC PROPERTIES 6, LLC., AND
8 LOCATED ON THE NORTHEAST CORNER OF
9 LAWRENCE ROAD AND 71sT A VENUE SOUTH
10 APPROXIMA TEL Y 350 FEET SOUTH OF HVPOLUXO
11 ROAD; CHANGING THE LAND USE DESIGNATION
12 FROM PALM BEACH COUNTY MEDIUM
13 RESIDENTIAL 5 UNITS PER ACRE (MR-5) TO
14 MEDIUM DENSITY RESIDENTIAL (MeDR);
15 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
19 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
20 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
21 Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
24 WHEREAS, after two (2) public hearings the City Commission acting in its dual
25 capacity as Local Planning Agency and City Commission finds that the amendment
26 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
27 the best interest of the inhabitants of said City to amend the aforesaid Element of the
28 Comprehensive Plan as provided.
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
30 CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section I: The foregoing WHEREAS clauses are true and correct and incorporated
S: \CC\WP\ORDINANCES\2006\06-034Lawrence Road (Vermac) 06-004.doc
1 herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land located on the northeast
5 comer of Lawrence Road and 71 st A venue South, approximately 350 feet south ofHypoluxo
6 Road in Boynton Beach, Florida shall be changed from Palm Beach County Medium
7 Residential 5 units per acre (MR-5) and shall now be designated as Medium Density
8 Residential (MeDR):
9
laThe South 1/2 of the North 1/2 of the Northwest 1/4 ofthe Northwest
.11 _ 1/4 of Section 7, Township 45 South, Range 43 East less the West 40_...~. .
12 feet thereof.
13
14 Containing: 407,263 square feet or 9.349 acres more or less.
15
16 Subject to easements, restrictions, reservation and rights of way of record.
17
18
19 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
20 Future Land Use Plan shall be amended accordingly.
21 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
22 Section 5: Should any section or provision of this Ordinance or any portion thereof be
23 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
24 remainder ofthis Ordinance.
25 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
26 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
27 Land Development Regulation Act. No party shall be vested of any right by virtue of the
28 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
S:\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac) 06-004.doc
1 including appeals, are exhausted. In the event that the effective date is established by state law or
2 special act, the provisions of state act shall control.
3 FIRST READING this _ 18 day of _ _lipF2.i L- ,2006.
4 SECOND, FINAL READING and PASSAGE this ~~ day of ______, 2006.
5 CITY OF BOYNTON BEACH, FLORIDA
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Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac:) 06 004.doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant:
Agent:
location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
DEVELOPMENT DEPARTMENT
PLANNING 8t ZONING DMSION
MEMORANDUM NO. PZ 06-053
Chair and Members
Planning and Development Board and
Mayor and Oty Commission
Eric lee Johnson, AICP ~
Planner (j
Michael W. Rumpf
Director of Planning and Zoning
March 22, 2006
Lawrence Road project (aka Parc Central) I ANEX 06-003 and lUAR
06-004
Annexation of a 9.35-acre parcel; Amend the Future Land Use
designation from Palm Beach County Medium Residential, 5 units per
acre (MR-5) to . Medium Density Residential (MeDR) and rezone from
Palm Beach County Agricultural Residential (AR) to Planned Unit
Development (PUD)
PROJECT DESCRIPTION
Multiple owners
Vennac Properties 6, llC
Mr. ~rian Teny with Land Design South
Northeast comer of Lawrence Road and 71 st Avenue South,
approximately 350 feet south of Hypoluxo Road (Exhibit "A")
:f:9.349 acres (407,263 square feet)
Palm Beach County Medium Residential, 5 units per acre (MR-5)
Palm Beach County Agricultural Residential (AR)
Medium Density Residential (MeDR)
Planned Unit Development (PUD)
Townhouse Community
North: Devefoped commercial (Grove Plaza) designated with local Retail
Page 2
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Commercial (LRC) land use and zoned Community Commerdal (C-3),
then farther north is right-of-way for Hypoluxo Road, then still farther
north Is Santaluces High School designated with Palm Beach County
Institutional (I) land use and zoned Palm Beach County Public
Ownership (PO);
South:
Developed Single-family residential properties (Jonathan's Grove)
designated with Low Density Residential (LOR) land use and zoned
Single-family Residential (R-l-A), then farther south is vacant
residential located within an endave of unincorporated Palm Beach
County designated with Medium Residential,S units per acre (MR-S)
land use and zoned Agricultural Residential (AR);
Developed single-family residential lots (Nautlca Sound PUD) dassified
with Low Density Residential (LOR) land use and zoned Planned Unit
Development (PUD); and
East:
West:
Right-of-way for Lawrence Road, then farther west Is developed
residential property (Palmyra I) located within unincorporated Palm
sPAch County with Medium Density,S units per acre (MR':'S) land use
and zoned Planned Unit Development (PUD).
EXECUTIVE SUMMARY
This requast is found to be inconsistent with the policy recommendation and / or intent of the
Comprehensive Plan. Staff recommends denial of the requested annexation, land use amendment
and rezoning for the following reasons:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future Land Use Support Document, Section VII, Problems and
Opportunities. The above-referenced recommended land use category for this area of the
city Is Low Density Residential (LOR), not Medium Density Residential (MeDR) In order to
maintain consistent densities and residential character throughout the area. The proposed
project density of 9.63 dwelling units per acre, which would be just under the threshold of
High Density Residential (HDR) strongly contrasts the recommended density and the single-
family character represented by the predominance of single-family detached homes built
within the immediate vidnlty at less than five (5) dwelling units per acre;
2. Although the requested annexation Is consistent with the Oty's annexation policy because
the property is contiguous with properties lying within the Oty of Boynton Beach, and fonns
a reasonably compact addition to the dty boundaries; it cannot be sua:essfully annexed into
the Oty without the concurrent reclassification and rezoning of the property;
3. Staff disagrees with the applicant's assertion that the site is considered "transitional"
(because It abuts up to a commerdal property (Grove Plaza) to the north) and consequently,
eligible and more appropriate for higher residential densities, rather than lower residential
densities;
Page 3
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are sites elsewhere In the City where townhouse development can be constructed
and be more compatible with surrounding residential developments.
PROJECT ANALYSIS
Mr. Brian Terry, agent for the applicant, Vermac Properties 6, llC is proposing to annex Into the Oty
of Boynton Beach, a 9.35-acre parcel located at the northeast comer of Lawrence Road and 71 st
Avenue South, approximately 350 feet south of Hypoluxo Road. Several of the lots that comprise
the 9.35-acre parcel have been developed with single-family detached homes. Accompanying this
request for annexation are requests to amend the Future Land Use Element of the Comprehensive
Plan to show the annexed land as "Medium Density Residential" and to rezone this property to a
Planned Unit Development (PUD). The proposed PUD would provide for the construction of 90
townhouse units with a gross density of 9.63 dwelling units per acre. Because of the size of the
subject property, the Rorida Department of Community Affairs dassifies this amendment as a "small
scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Rorida
Department of Community Affairs and is not reviewed for compliance with the state, regional, and
local comprehensive plans prior to adoption.
Master I Site Plan Analvsis (see Exhibit "B")
The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit
Development (PUD). The uses proposed in the PUD and the acreages devoted to each are as
follows:
Land Uses Acres
Multi-family Residential 3.58
Private Recreation 0.89
Vehicular Use area 2.26
Open space I Landscaping 2.62
TOTAL 9.35
The Medium Density Residential (MeDR) land use category allows for a gross densIty (permitted by
the zoning regulations) of greater than 7.26 dwelling units per acre but not more than 9.68 dwelling
units per acre. In this instance, the applicant Is proposIng a development contaIning 90 units for an
overall density of 9.63 dwelling units per acre. The 90 unIts are proposed within 18 separate
buildings on the 9.35-acre site. The unit size would vary depending on the model type selected,
namely Model "A", "B", and "C". Model "A" would be the smallest unit style at 1,789 square feet
while Model "C" would be the largest unit (1,957 square feet). The master plan tabular data
Indicates that the townhouse buIldings would be two (2) stories tall and up to 35 feet In hefght
Page 4
Rle Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Each unit would have its own two (2)-car garage. The master plan also proposes 21 guest parking
spaces throughout the site.
The project's point of Ingress I egress is proposed along Lawrence Road. The curb cut on Lawrence
Road would be separated by a landscaped median. Vehides entering the site would proceed to a
circular drive that terminates at gated entry points. Upon entering through the secured access
points, the master plan shows two (2)-way drive aisles proposed along the perimeter of the project.
These linear east-west drive aisles would be 25 feet in width and conform to current engineering
standards. The landscape buffers are proposed on the outside of the drive aisles. A landscape
buffer 10 feet In width is proposed along the south property line abutting the single-family
residences of Jonathans Grove while a 15-foot wide landscape buffer is proposed along the east
property line abutting the single-family residences of Nautica PUD. However, the width of the north
landscape buffer (adjacent to the Grove Plaza commercial center) would vary between five (5) feet
- six (6) Inches to 15 feet The master plan proposes two (2) recreation areas, located at opposite
ends of the rectangular-shaped parcel.
Review Based On 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.
Pursuant to Section 9.C.2 (2) of the land Development Regulations, when reviewing requests for
annexation, staff is not required to review the petition against the eight (8) criteria by which land
use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed
zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan.
Usually in those instances, staff analysis relates only to consistency with other relevant portions of
the Comprehensive Plan, the dty'sannexation program and service capability. The requested land
use designation and rezoning are for a change to higher residential Intensities; therefore, a review
based on the criteria is warranted.
a. Whether the proposed rezoning would be consistent with applicable
comprehensive plan poIides Induding but not limited to, a prohibition against
any Inaease in dwelling unit density exceeding 50 in the hulTicane
evacuation zone without written approval of the Palm Beach County
Emergency Planning OMsion 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 polides contained In the comprehensive plan.
As previously mentioned, the subject property is located within unincorporated Palm Beach County.
As such, the County current land use designation is MR-5, which would allow up to five (5) dwelling
units per acre or In this case, a maximum of 46 units. The applicant's Intent Is to annex the site for
the development of a master planned community at a density of 9.63 dwelling units per acre. A
relevant Comprehensive Plan policy pertaining to Intergovernmental ooordlnation Is as follows:
Page 5
Rle Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
Objective 8.11
The Oty shall partldpate In Intergovernmental coordination processes to
ensure full consideration Is given to the Impacts of proposed
Comprehensive Plan amendments and future developments on the ability
of the City and adjacent local governments to Implement their
Comprehensive Plans and to address area wide land use needs and
justification for amendments.
The requested project density is above what Is currently allowed under the County land use
designation. However, It should be noted that the property may potentially be developed with
additional units by utilizing two County land development programs, namely, the Transfer of
Development Rights (TOR) Program and I or the Workforce Housing Program (WHP). As part of the
TOR Program, the County Zoning DMslon would review a submitted TOR application to determine If
developing a property with additional units from the TOR program Is compatible with the existing
development surrounding the property. According to the County, such a determination may Indeed
preclude the use of most or all of the TOR units that could be developed on the subject property.
Higher densities may be achieved through the WHP; In this case up to 36 units. However, the
County Planning DMsion would require the developer to set aside 50% of the 36 additional units for
"workforce housing" under the gUidelines of the Program. At this time, the City has no TOR or
affordable housing programs available to developers. While the applicant would be unable to
develop under the County zoning at the desired density without meeting the conditions of the
aforementioned County programs, the applicant has Instead chosen to request annexation into the
dty with the proposed higher density. Oty staff opines that the proposed density (9.63 units per
acre) Is too intense pursuant to the Comprehensive Pian Future Land Use SuPPOrt Document,
Section VII, Probiems and Ooportunities, which recommends as follows:
"Planning Area 6.C. Unincorporated Parcels Adjoining Northwest Comer of the City (presently
unincorporated). With exception of the eight (B)-acre parcel adjacent to Hypoluxo (which is
now Grove Plaza), these parcels should be annexed and placed under the low Density
Residential land use category, in order to ensure compatibility with existing and future
residential land uses in the vldnity. Annexation of these properties will square off the Oty's
boundary and will allow the Oty to control the use of these parcels. Development of these
parcels should be compatible with existing Iow..<fensity single-family dwellings in this area.
Development of the parcels that lie to the south of the above-mentioned parcel should be
limited to low-density single-family detached dwellings, with a gross density of not more
than three and one-half (3.S) units per aae".
The requested density would require reclassification to the Medium Density Residential (MeDR) land
use designation, which allows up to 9.68 dwelling units per acre. The proposed land use
dassification not only represents a deviation from the recommended dasslfication but Is nearly three
(3) land use dasses higher in density and therefore, conflicts with the following objective of the
Future Land Use Element of the Comprehensive Plan:
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 applicabfe policies of the Comprehensive
Plan.
The Oty has three (3) land use categories that strictty allow single-famIly detached homes. They
are as follows: Low Density Residential (lOR), Moderate Density Residential (MoOR), and Medium
Page 6
File Number: ANEX 06-003 { LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Density Residential (MeDR). The LOR category allows up to 4.84 dwelling units per acre. The MoOR
category allows a range of densities, between 4.85 and 7.26 dwelling units per acre while the MeDR
allows between 7.27 and 9.68 dwelling units per acre. Anything higher than 9.68 dwelling units per
acre would require the HDR land use category. To put the proposed density Into perspective with
th~ dty's single-family land use categories, the proposed density of 9.63 dwelling units per acre is
approximately 0.05 dwelling units per acre below the threshold of the High Density Residential
(HDR) land use category of 9.68 dwelling units per acre, which would be deariy Incompatible with
the surrounding land uses to the east, south, and west. Acrordlng to the Land Use Element of the
Comprehensive Plan, the recommended land use designation allows up to 3.5 dwelling units per
acre. This means that the subject property, being 9.35 acres, is recommended to accommodate up
to 32 dwelling units or less than one-half (1/2) the total units proposed in the accompanying master
plan. The project proposes single-family attached dwellings (townhouses) but the above-referenced
policy recommends single-family detached dwellings. Again, another relevant objective of the
Future Land Use Element of the Comprehensive Plan indicates the following:
Objective 1.19
The my shall evaluate and allow a range of land uses for which the area,
location, and Intensity of these uses provide a full range of housing
choices, commercial uses, to ultimately Increase tax base, employment
opportunities, recreation and open space opportunities, and public uses
induding school sites for both existing and projected populations,
provided that all other comprehensive plan polides are complied with.
Staff concurs with the applicant that the proposed rezoning to PUD to allow townhouses would
Increase the diversity of housing types in the locality. In recognizing this and because of the fact
that the property to the north has been developed with a commercial plaza, staff can make
concessions to the above referenced recommendation for Planning Area 6.C., as it relates to the
type of dwelling units or a mix of dwelling unit types; however, the proposed density would not
meet the intent of the recommendation of the Comprehensive Plan. Furthermore, staff can also
make concessions to the above-referenced policy recommendation that limits the property to 3.5
dwelling unit per acre by allowing the project density to be developed within the limits of the LOR
land use category (up to 4.84 dwelling units per acre). It should be noted that by utilizing the PUD
zoning, these units could be arranged with a higher density unit type (i.e. townhouses) being
constructed along the northern boundary of the property adjacent to Grove Plaza and Iess-dense
unit type (i.e. single-family detached) constructed abutting the single family development tn the east
or south, or the density could be dispersed unlfonnly on the property. This flexibility is available
based on the advisory status of the site specific land use recommendations within the Problems and
Opportunities Section of the Comprehensive Plan.
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.
According to the land use amendment / rezoning application, the subject site Is currently developed
at a residential intensity of 0.64 dwelling units per acre. Staff ooncurs with the applicant and
acknowledges that rezoning from County AR to PUD would not create an Isolated district unrelated
to adjacent and nearby disbicts because there are neighboring properties with PUD zoning, lying to
the south, east, and west of the subject property. However, provided below is a list of specific
objectives taken from the Coolprehensive Plan which are relevant to this annexation and land use
Page 7
Ale Number: ANEX 06-003/ LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
amendment / rezoning request. These objectives were taken from the Future Land Use and
Housing Elements of the Comprehensive Plan.
Objective 1.15
The City shall encourage planned development projects which are
sensitive to characteristics of the site and to surrounding land uses, and
mixed-use projects in locations which are appropriate, and utilize other
innovating methods of regulating land development.
Objective 1.17
Minimize nuisances, hazards, and other adverse impacts to the general
public, to property values, and to residential environments by preventing
or minimizing land use conflicts.
By the year 2002, the Oty shall continue to implement a series of housing
programs aimed at providing adequate housing and housing sites for the
homeless, very-low, low and moderate-Income persons to meet their
housing needs.
Objective 6.3
Pursuant to the recommendation for Planning Area 6.C. within the Comprehensive Plan's Future
Land Use Support Document, SectIon VII, Problems and Opportunities, the proposed rezoning to a
Planned Unit Development consisting of townhouse units at a density of 9.63 dwelling units per aCre
would not be compatible with the Single-family detached homes which lie to the east, south, and
west of the subject site.
Staff compared the characteristics between the subject property and the surrounding properties.
For example, the Grove Plaza commerdal center located to the north, is zoned C-3 and would allow
up to 10.8 dwelling units per acre under the Local Retail Commerdal/and use category. Initially,
this would support the applicant's justification for higher residential densities on the subject
property, above and beyond the five (5) dwelling units per acre aI/owed by the current County MR-5
land use. However, lower residential densities lie to the south, east, and west of the subject
property. For example, the residential lots to the south, developed as the Jonathan's Grove
subdMsion, are zoned R-1-A Platted In 1993, Jonathan's Grove is exactly the same size (9.35
acres) as the subject property, but was developed with only 32 lots at a density of 3.4 dwelling units
per acre. This is In sharp contrast with Proposed 9.63 dwelling units per acre. In fact, there are a
total of 16 lots within the Jonathan's Grove subdMsion that directly abut the subject property. The
maximum building height in the R-1-A zoning disbict Is 30 feet. While all lots within Jonathan's
Grove are allowed by code to be developed as two (2)-story structures, it appears as though 15 of
the 16 houses that abut the subject property were developed with one (1)-story structures.
Structure "massing" Is one of the major differences between a 30-foot tall townhouse building and a
3D-foot tall single-family detached home. The perceived massing of a townhouse building with three
(3) or more units is greater than the massing of one (1) large, single-family detached home. In
other words, a row of townhouse buildings appears larger than a row of single-family detached
homes despite both being limited to equal building heights.
Located west of Lawrence Road Is a residential subdMsion within Unincorporated Palm Beach
County zoned PUD and dassified Medium Residential MR-5. The Palmyra PUD was developed at a
density of 4.4 dwelling units per acre. The density of the Palmyra PUD Is well below the requested
density of this project.
Page 8
Ale Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
The properties to the east lie within the Nautlca Sound PUD subdivision, formerly known as the
Knollwood Groves PUD. On October 17, 1989, the Oty Commission approved the rezoning from AG
(Agriculture) and R-1AAA (Single-family Residential) to PUD. This 110.91-acre subdivision was
platted In 1996 with 424 residential lots equating to an overall density of 3.82 dwelling units per
acre. Again, the density proposed by the applicant would be much higher than the built
environment of Its neighbor to the east. The applicant asserts that" while the proposal results in a
higher density than immediately adjoining residential properties, it is considered that the site and
proposed development petfotm a transitional and buffering role from commercial development to
the north of these propertieS'. The Palmyra and Jonathan's Grove subdivisions do not abut the
commercial project. However, a 240-foot long stretch of the Nautlca Sound PUD - Plat Two
subdivision directly abuts the Grove Plaza commercial center, which is similar to this project.
Contrary to what is argued by the applicant regarding townhouses as the necessary transitional use,
the Nautlca PUD was developed with single-family detached homes where it abuts the same
commercial plaza as that of the subject property. It should be noted that Grove Plaza was platted In
1998, subsequent to approval of Nautica PUD - Plat Two. Nonetheless, Grove Plaza was reviewed
and approved with full knowledge that it would abut Single-family detached homes of the Nautlca
PUD and visa-versa. The main difference between the Nautlca PUD - Plat Two and Jonathan's
Grove is that many of the homes in the Nautica PUD were developed as two (2)-story structures.
Staff disagrees with the applicant's assertion that the proposed development is considered to
provide an appropriate interface with adjoining properties and Is consistent with the character of the
locality. The applicant admits that there Is a predominance of single-family detached housing within
the immediate vicinity. Again, staff does not object to a mix of residential units that includes
townhouses but rather is concerned about significantly higher proposed density.
Comprehensive Plan Objective 6.3 addresses the need for the City to address affordable housing
issues. The applicant provided a thorough examination of current and anticipated population
projections, rising property values within the Oty and County, and the need for affordable housing.
The applicant states that "the proposal responds to the current real estate context of rising single-
family housing prices by providing a more affordable alternative for residents of Palm Beach
County". While it is true that this proposal would provide alternate housing and it may In fact,
provide for a more affordable solution, it does nothing to address the needs of affordable housing in
general. Staff acknowledges that soMng the County's socio-economic woes and rising real estate
cost are not a responsibility of the developer. However, density bonuses and Indusionary zoning is
a common tool for local municipalities td increase the affordable housing options beyond what the
market currently provides on its own. The positive aspects of induslonary zoning indude the
production of affordable housing at little cost to local government and the creation of income-
Integrated communities. The my and Community Redevelopment Agency (CRA) are currently
having the affordable housing needs of the City studied as a prerequisite to potential indusionary
housing program.
c. Whether changed or changing conditions make the proposed rezoning
desirable.
OVer the last decade, the city has witnessed a steady trend of properties located either on or near
Lawrence Road, being converted from agricultural to residential uses through the construction of
single-family homes. A predominance of zero-lot line homes have been already constructed within
the immediate vicinity of the subject property. Therefore, there would be no significant change in
conditions that would make the proposed rezoning to Planned Unit Development (PUD) undesirable,
Page 9
Ale Number: ANEX 06-003/ LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
only the Intensity associated with the proposed development, which Is unprecedented In the
Immediate area.
d. Whether the proposed use would be compatible with utility systems,
roadways, and other public fadllties.
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 reviewed the traffic study for the
proposed annexation- I land use amendment I rezoning and determined that the proposed
residential project meets the Traffic Performance Standards of Palm Beach County. The
accompanying master plan Is expected to generate 644 new dally trips or 184 more trips than the
projected number of trips had the property been bulft-out to Its maximum potential under the
current County MR-S land use dasslfication. The project Is estimated to require a total of 40,000
gallons of potable water per day. The Oty's water capadty, 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 demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment
capacity Is currently available to serve the projected total of 18,000 gallons per day.
MaxImum Potential Water I Sewer Traffic
Development Population Demand Generation
Potential Trips I day
ExIsting Land Use 46 townhouse 105 persons 19,780 gpd I 322**
or 8,901 gpd
46 single- 460**
family
detached
Proposed Development 92 fee-simple 201 persons 40,000 gpd I 644*
townhouse 18,000 gpd
units
* Statistics derived from the land use I amendment application and its supporting documents;
** Telephone conversation with MTP Group, Inc. on March 13, 2006
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate
capadty exists to accommodate the oounty's munidpalities throughout the lO-year planning period.
The School District of Palm Beach County has reviewed the application and has determined that
adequate capadty exists to accommodate the resident population. The City's Rre Rescue and Police
Departments have reviewed the application and determined that current staffing levels would be
suffldent to meet the expected demand for services. Lastly, drainage will also be reviewed in detail
as part of the review of the site plan approval, and must satisfy all requirements of the dty and local
drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the cunent and
future use of adjacent and nearby properties, or would affect the property
values of adjacent or nearby P/TJperties.
As outlined In the responses to 0iterI0n "a" and "b", the proposed land use would be Inconsistent
with those residential densities approved on the adjacent properties. The residential land uses
Page 10
File Number: ANEX 06-003 / LUAR 06-(){)4
Name: Lawrence Road project (aka Pare Central)
within the Immediate vldnlty are characterized by low density development and likewise, should be
the same for this property. However, the proposed rezoning to PUD would in fact, be consistent
with the current zoning of the adjacent and nearby properties. According to the Palm Beach County
Property Appraiser Office, the price of homes that sold In the last six (6) months within Nautlca
Sound PUD - Plat Two, range between $335,000 and $425,000. Homes that sold within the last six
(6) months In Jonathan's Grove subdivision ranged between $395,000 and $460,000. Homes that
sold In Palymra ranged between $380,500 and $455,000. Regardless of what density Is proposed,
staff anticipates that any effect on property values would be positive and would help to Increase the
city's tax base. However, It Is highly likely that the townhomes associated with the accompanying
master plan would sell for less money than adjacent single-family detached homes of the adjacent
developments. .
f. Whether the property Is phYSically and economically developable under the
existing zoning.
Under the existing County AR zoning, the property could be utilized for a variety of agricultural or
conservation purposes. Also pennltted are single-family detached dwellings on a minimum lot area
of fIVe (5) acres. The Oty has approved numerous townhouse projects within the last few years.
Ukewise, the Oty has also approved many residential communities consisting of Single-family
detached and zero . lot-line homes. These communities of single-family detached homes are more
prevalent west of Congress Avenue. As previously mentioned, the Palmyra One project was one
such project that was recently approved by the County for single-family detached homes. Palmyra
Two, an extension of Phase One Is an example of an adjacent property that was recently annexed
into the dty and rezoned to PUD for the construction of 85 Single-family homes. Staff understands
that the developer of the Palmyra PUD is currently searching for more vacant parcels along
Lawrence Road in which to develop. It should be noted that in March of 2006, another developer
submitted an annexation and land use amendment I rezoning request for a PUD consisting of 45
zero lot-line homes on the vacant parcel directly south of Jonathan's Grove. This vacant parcel is
very similar to the subject property In tenns of its location, size, and topography. The only
difference between the two (2) is that the subject property abuts commercial zoning while this new
application does not. Based on the above, it would appear that the property is physically and
economically developable under the current ComprehenSive Plan policy for single-family detached
homes, developed under the LOR land use category. The applicant emphasizes that "it Is considered
that the proposed MeDR land use best responds to the transitional nature of the site and the site
context being between commercial and low density single-family development". Staff disagrees with
the applicant that the subject property Is considered transitional, especially. based upon previous
discussions regarding the Nautlca Sound PUD Immediately abutting the same commercially-zoned
parcel. It should be noted that the Palmyra and Vineyards residential projects both consist of single-
family detached homes located along Hypoluxo Road, an Intense arterial road, without any
transitional elements.
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.
Due to the proposed density and building massing, it Is arguable as to whether the proposed
rezoning Is of a scale which Is reasonably related to the needs of the neighborhood and the aty as a
whole. Approval of this rezoning request for medium density residential development may also set a
precedent for similar land use and zoning on the vacant pan:el to the south of Jonathan's Grewe.
Staff understands that land values directly and IndirectJy Influenced the magnitude of townhouse
Page 11
File Number: ANEX 06-003 /lUAR 06-004
Name: Lawrence Road project (aka Pare Central)
projected developed in the dty; however, these projects have been located along Federal Highway
and Congress Avenue where higher densities and mixed-uses are encouraged and represent the
urban environment. However, the suburban areas should be recognized and preselVed for those
residents seeking the suburban environment.
h. Whether there are adequate sites elsewhere in the city for the proposed use,
in districts where such use is already allowed.
Townhouse buildings are currently permitted In the Multi-family Residential (R-3), the Suburban
Mixed-Use (SMU), Infill Planned Unit Development (IPUD), Mixed Use-Low Intensity (MU-l), and as
conditional uses In the Mixed Use-High. Intensity (MU-H) zoning districts. The remaining supply of
vacant land zoned for multi-family housing Is somewhat limited, as the City progresses towards
bulld-out. However, build-out does not necessary mean that there are not other redevelopment
opportunities elsewhere in the City. In fact, the City has been experiendng a tremendous amount
of redevelopment and infill activity, especially in the eastern and urban areas of the Oty, such as
along Congress Avenue where buildings, particularly commerdal structures are razed and replaced
with townhouse projects. With the vision and recommendations of the Federa/ Highwav Corridor
Community Redevelooment Plan and subsequent creation of the Special High Density Residential
(SHDR) land use category, Mixed Use-low Intensity (MU-l), Mixed Use-High Intensity (MU-H), and
the Infill Planned Unit Development (IPUD) zoning districts, there are still many opportunities'
elsewhere in the City where townhouse development would be highly appropriate due to them being
endemic to such urban environments.
CONCLUSIONS/RECOMMENDATIONS
In terms of concurrency, enough capadty exists to serve the development. Annexation into the City
and. subsequent rezoning to PUD would not create additional impacts on infrastructure that cannot
be accommodated by existing capadties. However, as Indicated herein, this request is found to be
inconsistent with the policy recommendation and / or intent of the Comprehensive Plan. Therefore,
staff recommends this requested be denied based on the following condusions:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future land Use Support Document, Section VII, Problems and
Opportunities. The above-referenced recommended land use category for this area of the
city is low Density Residential (LOR), not Medium Density Residential (MeDR).. The
proposed project density of 9.63 dwelling units per acre, which would be just under the
threshold of High Density Residential (HDR), Is too intense for this suburban area of the Oty
where there is a predominance of single-family detached homes;
2. Although the requested annexation is consistent with the City's annexation policy because
the property Is contiguous with properties lying within the City of Boynton Beach, and forms
a reasonably compact addition to the dty boundaries; It cannot be successfully annexed Into
the City without an' appropriate land use category;
3. Staff disagrees with the applicant's assertion that the site Is considered "transitional" and
therefore more appropriate for higher residential densities In lieu of lower residential
densities, despite the fad: that It abuts up to commercial property (Grove Plaza) to the
north;
Page 12
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are adequate sites elsewhere in the City where townhouse developments are
more appropriate and compatible.
If the Planning and Development Board or the City Commission recommends conditions, they will be
induded as Exhibit"C".
S:\Plamlng\SHARED\WP\PROJECTS\llIwrence Rd. Project-land DesIgn Soulh\LUAR 06-004\Staff Report.doc
LOCATION MA'P
Lawrence Road Project
Exhibit "An
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PARC CENTRAL
PREPAREDFOR:VERMAC
CITY OF BOYNTON BEACH, flORIDA
LA.D
DESIGN
SOU H
UncMaepe
EXHIBIT" C"
Cot:lditions of Approval
Project name:
File number:
Rfi
Lawrence Road project (aka Parc Central)
ANEX 06-003 and LUAR 06-003
St IT rtM d P&Z06053
e erence: a reno emoran um -
DEPARTMENTS INCLUDE REJECT
--
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE .c.....n_ _ . - ._.
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: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Page 2
Lawrence Road project (aka Parc Central)
File No.: ANEX 06-003 and LUAR 06-004
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\l.awrence Rd. Project-Land Design South\LUAR 06..Q04\COA.doc
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BE ACE ITEM A.3
AGENDA ITEM REQUEST FORlVI
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006
~ May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006
0 May 16, 2006 May 1,2006 (Noon) 0 July 18,2006
Date Final Form Must be Turned
in to City Clerk's Office
May 15,2006 (Noon)
June 5, 2006 (Noon)
---)
June 19,2006 (Noon)
C) --;
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July 3, 2006 (Noon)
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RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request on April 18, 2006 under Public Hearing
and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum
No. 06-053.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Lawrence Road Project (LUAR 06-004)
Brian Terry, Land Design South
Vennac Properties 6, LLC
Northeast corner of Lawrence Road and 7181 Avenue South, approximately 350 feet south
ofHypoluxo Road
Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit
Development (PUD).
Proposed use:
90 Multi-family residential units
Develo erit De rtment Director
~ _ . I'U!..
/ Planning and Zoning Dir~or City Attorney 1 Finance 1 Hmnan Resources
S:\PJanning\SHARED\WP\PROJECTS\Lawrence Rd. Project-Land Design South\LUAR 06-004\Agenda Item Request Lawrence Rd PropertyLUAR 06-
004 rezone 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~ -
City Manager's Signature
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
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ORDINANCE NO. 06- 0:35"
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF VERMAC PROPERTIES 6,
LLC, AMENDING ORDINANCE 02-013 TO
REZONE A PARCEL OF LAND LOCATED ON
THE NORTHEAST CORNER OF LA \VRENCE
ROAD AND 71 ST A VENUE SOUTH,
APPROXIMATELY 350 FEET SOUTH OF
HYPOLUXO ROAD, AS MORE FULLY
DESCRIBED HEREIN, FROM PALM BEACH
COUNTY AGRICULTURAL RESIDENTIAL (AR)
TO PLANNED UNIT DEVELOPMENT (PUD);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
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;
20
and
21
WHEREAS, Tuscan Villas at Boynton Beach, LLC, owner of the property located on
22
st .
the northeast corner of Lawrence Road and 71' A venue South, approxllnately 350 feet south
ofHypoluxo Road in Boynton Beach, Florida, as more particularly described herein, has filed
a Petition, through its agent, Brian Terry of Land Design South, pursuant to Section 9 of
Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
Palm Beach County Agricultural Residential (AR) to Planned Unit Development (PUD); and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described; and
. WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA\Ordinances\Planning\Rezoning\RC/onlI1g - Lawrence Road (Vennac).doc
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.
9
Section 2.
The following described land located on the northeast corner of
10 Lawrence Road and 71 sl Avenue South, approximately 350 feet south of Hypoluxo Road in
11 the City of Boynton Beach, Florida, as set forth as follows:
12
13 The South 1/2 of the North 1/2 of the Northwest 1/40fthe
14 Northwest 1/4 of Section 7, Township 45 South, Range 43
15 East less the West 40 feet thereof.
16
1 7 Containing: 407,263 square feet or 9.349 acres more or less.
18
19 Subject to easements, restrictions, reservations and rights-of-way
20 of record.
21
22 be and the same is hereby rezoned from Palm Beach County Agricultural Residential (AR) to
23 Planned Unit Development (PUD). A location map is attached hereto as Exhibit "A" and
24 made a part of this Ordinance by reference.
25 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
26 accordingly.
27 Section 4. All ordinances or parts of ordinances In conflict herewith are hereby
28 repealed.
S:\CA\Ordinances\PlanninglRezoninglRezoning - Lawrence Road (Vennac).doc
1 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day of Aptt&L
6 SECOND, FINAL READING and PASSAGE this _ day of __~_____, 2006.
5
,2006.
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22 ATTEST:
23
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25 City Clerk
26
27 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
V ice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\l'lanning\Rezoning\Rczoning - Lawrence Road (Vcnllac).do(
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Exhibit "A"
Lawrence Road Project
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DEVELOPMENT DEPARTMENT
PLANNING 8t ZONING DIVISION
MEMORANDUM NO. PZ 06-053
TO:
Chair and Members
Planning and Development Board and
Mayor and City Commission
Eric Lee Johnson, AICP ~
Planner (}
Michael W. Rumpf
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
March 22, 2006
Lawrence Road project (aka Parc Central) / ANEX 06-003 and lUAR
06-004
REQUEST:
Annexation of a 9.35-acre parcel; Amend the Future Land Use
designation from Palm Beach County Medium Residential, 5 units per
acre (MR-5) to Medium Density Residential (MeDR) and rezone from
Palm Beach County Agricultural Residential (AR) to Planned Unit
Development (PUD)
PROJECT DESCRIPTION
Property Owner:
MUltiple owners
Applicant:
Vermac Properties 6, liC
Agent:
Mr. ~rian Teny with Land Design South
Northeast comer of Lawrence Road and 71st Avenue South,
approximately 350 feet south of Hypoluxo Road (Exhibit "A")
:1:9.349 acres (407,263 square feet)
Palm Beach County Medium Residential, 5 units per acre (MR-5)
Palm Beach County Agricultural Residential (AR)
Medium Density Residential (MeDR)
Planned Unit Development (PUD)
location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Townhouse Community
Adjacent Uses:
North: Developed commerdal (Grove Plaza) designated with Local Retail
Page 2
Ale Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Commercial (LRC) land use and zoned Community Commerdal (C-3),
then farther north is right-of-way for Hypoluxo Road, then stili farther
north Is Santaluces High School designated with Palm Beach County
Institutional (I) land use and zoned Palm Beach County Public
OWnership (PO);
South:
Developed single-family residential properties (Jonathan's Grove)
designated with Low Density Residential (LOR) land use and zoned
Single,.family Residential (R-l-A), then farther south is vacant
residential located within an endave of unincorporated Palm Beach
County designated with Medium Residential,S units per acre (MR-S)
land use and zoned Agricultural Residential (AR);
Developed Single-family residential lots (Nautlca Sound PUD) dassified
with Low Density Residential (LOR) land use and zoned Planned Unit
Development (PUD); and
East:
West:
Right-of-way for Lawrence Road, then farther west is developed
residential property (Palmyra I) located within. unincorporated Palm
Beach County with Medium Densltyr.5 units per acre (MR-S) land use
and zoned Planned Unit Development (PUD).
EXECUTIVE SUMMARY
This request is found to be inconsistent with the policy recommendation and I or intent of the
Comprehensive Plan. Staff recommends denial of the requested annexation, land use amendment
and rezoning for the following reasons:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is lnoonsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future Land Use Support Document, Section VII, Problems and
Opportunities. The above-referenced recommended land use category for this area of the
dty is Low Density Residential (LOR), not Medium Density Residential (MeDR) In order to
maintain consistent densities and residential character throughout the area. The proposed
project density of 9.63 dwelling units per acre, which would be just under the threshold of
High Density Residential (HDR) strongly contrasts the recommended density and the single-
family character represented by the predominance of single-family detached homes built
within the immediate vidnity at less than five (5) dwelling units per acre;
2. Although the requested annexation Is consistent with the Oty's annexation policy because
the property Is contiguous with properties lying within the aty of Boynton Beach, and fonns
a reasonably compact addition to the city boundaries; it cannot be successfully annexed into
the Oty without the concurrent reclassification and rezoning of the property;
3. Staff disagrees with the applicant's assertion that the site is considered "transitional"
(because It abuts up to a commercial property (Grove Plaza) to the north) and consequently,
eligible and more appropriate for higher residential densities, rather than lower residential
densities;
Page 3
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still Is a market for single-family detached homes In this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6: That there are sites elsewhere In the City where townhouse development can be constructed
and be more compatible with surrounding residential developments.
PROJECT ANALYSIS
Mr. Brian Terry, agent for the applicant, Vermac Properties 6, llC Is proposing to annex Into the Oty
of Boynton Beach, a 9.35-acre parcel located at the northeast comer of Lawrence Road and 71 st
Avenue South, approximately 350 feet south of Hypoluxo Road. Several of the lots that comprise
the 9.35-acre parcel have been devel~ with Single-family detached homes. Acoompanylng this
request for annexation are requests to amend the Future land Use Element of the Comprehensive
Plan to show the annexed land as "Medium Density Residential" and to rezone this property to a
Planned Unit. Development (PUD), The proposed PUD would proVide for the construction of 90
townhouse units'with a gross density of 9.63 dwelling units per acre. Because of the size of the
subject property, the Florida Department of Community Affairs classifies this amendment as a "small
scaleYamendment. A "small-scale" amendment is adopted prior to forwardlrig to the Rorida
Department of Community Affairs and Is not reviewed for compliance with the state, regional, and
local comprehensive plans prior to adoption.
Master I Site Plan Analysis (see Exhibit "B")
The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit
Development (PUD). The uses proposed In the PUD and the acreages devoted to each are as
follows:
land Uses Acres
Multi-family Residential 3.58
Private Recreation 0.89
Vehicular Use area 2.26
Open space / Landscaping 2.62
TOTAL 9.35
The Medium Density Residential (MeDR) land use category allows for a gross density (permitted by
the zoning regulations) of greater than 7.26 dwelling units per acre but not more than 9.68 dwelling
units per acre. In this Instance, the applicant Is proposing a development containing 90 units for an
overall density of 9.63 dwelling units per acre. The 90 units are proposed within 18 separate
buildings on the 9.35-aae site. The unit size would vary depending on the modef type selected,
namely Model "A", "B", and "Cn. Model "An would be the smallest unit style at 1,789 square feet
while Model "Cn would be the largest unit (1,957 square feet). The master plan tabular data
Indicates that the townhouse buildings would be two (2) stories tall and up to 35 feet In height
Page 4
FIle Number: ANEX 06-003/ LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Each unit would have Its own two (2)-car garage. The master plan also proposes 21 guest parking
spaces throughout the site.
The project's point of Ingress I egress Is proposed along Lawrence Road. The curb cut on Lawrence
Road would be separated by a landscaped median. Vehides entering the site would proceed to a
circular drive that terminates at gated entry points. Upon entering through the secured access
points, the master plan shows two (2)-way drive aisles proposed along the perimeter of the project.
These linear east-west drive aisles would be 25 feet In width and conform to current engineering
standards. The landscape buffers are proposed on the outside of the drtve aisles. A 1andscape
buffer 10 feet In width Is proposed along the south property line abutting the Single-family
residences of Jonathans Grove while a 15-foot wide landscape buffer is proposed along the east
property line abutting the single-family residences of Nautica PUD. However, the width of the north
landscape buffer (adjacent to the Grove Plaza commercial center) would vary between five (5) feet
- six (6) inches to 15 feet The master plan proposes two (2) recreation areas, located at opposite
ends of the rectangular-shaped parcel.
Review Based On Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the land
Development Regulations, O1apter. 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.
Pursuant to Section 9.C.2 (2) of the land Development Regulations, when reviewing requests for
annexation, staff is not required to review the petition against the eight (8) criteria by which land
use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed
zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan.
Usually in those instances, staff analysis relates only to consistency with other relevant portions of
the Comprehensive Plan, the city's annexation program and service capability. The requested land
use designation and rezoning are for a change to higher residential intensities; therefore, a review
based on the criteria Is warranted.
a. Whether the proposed rezoning would be consistent with applicable
comprehensive plan polides Indudlng 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 polldes contained In the comprehensive plan.
As previously mentioned, the subject property is located within unincorporated Palm Beach County.
As such, the County current land use designation is MR-5, which would allow up to five (5) dwelling
units. per acre or In this case, a maximum of 46 units. The applicanfs Intent is to annex the site for
the development of a master planned community at a density of 9.63 dwelling units per acre. A
relevant Comprehensive Plan policy pertaining to Intergovernmental coordination Is as follows:
Page 5
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
Objective 8.11
The City shall partidpate In Intergovernmental coordination processes to
ensure full consideration Is given to the Impacts of proposed
Comprehensive Plan amendments and future developments on the ability
of the Oty and adjacent local governments to Implement their
ComprehenSive Plans and to address area wide land use needs and
justification for amendments.
The requested project density is above what Is currently allowed under the County land use
designation. However, It should be noted that the property may potentially be developed with
additional units by utilizing two County land development programs, namely, the Transfer of
Development Rights (TOR) Program and I or the Workforce Housing Program (WHP). As part of the
lDR Program, the County Zoning DMslon would review a submitted lDR application to determine If
developing a property with additional units from the TOR program Is compatible with the existing
development surrounding the property. According to the County, such a determination may Indeed
preclude the use of most or all of the TOR units that could be developed on the subject property.
Higher densities may be achieved through the WHP; In this case up to 36 units. However, the
County Planning Division would require the developer to set aside 50% of the 36 additional units for
"workforce housing" under the guidelines of the Program. At this time, the my has no TOR or
affordable housing programs available to developers. While the applicant would be unable to
develop under the County zoning at the desired density without meeting the conditions of-the
aforementioned County programs, the applicant has instead chosen to request annexation into the
dty with the proposed higher density. Oty staff opines that the proposed density (9.63 units per
acre) is too Intense pursuant to the Comprehensive Plan Future land Use SuPPOrt Document,
Section VII, Problems and Opoortunities, which recommends as follows:
"Planning Area 6.C. Unincorporated Parcels Adjoining Northwest Comer of the Oty (presently
unincorporated). With exception of the eight (B)-acre parcel adjacent to Hypoluxo (which is
now Grove Plaza), these parcels should be annexed and placed under the low Density
Residential land use category, in order to ensure compatibility with existing and future
residential land uses in the vldnity. Annexation of these properties will square off the Oty's
boundary and will allow the Oty to control the use of these parcels. Development of these
parcels should be compatible with existing low-clensity single-family dwellings in this area.
Development of the parcels that lie to the south of the above-mentioned parcel should be
limited to Iow-clensity single-family detached dwellings, with a gross density of not more
than three and one-half (3.5) units per acre".
The requested density would require reclassification to the Medium Density Residential (MeDR) land
use designation, which allows up to 9.68 dwelling units per acre. The proposed land use
classification not only represents a deviation from the recommended classification but is nearly three
(3) land use classes higher in density and therefore, conflicts with the fOllOWing objective of the
Future Land Use Element of the Comprehensive Plan:
Objective 1.16
The Oty 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 polides of the Comprehensive
Plan.
The Oty has three (3) land use categories that strictly allow single-family detached homes. They
are as follows: low Density Residential (LOR), Moderate Density Residential (MoOR), and Medium
Page 6
File Number: ANEX 06-003 IlUAR 06-004
Name: Lawrence Road project (aka Pare Central)
Density Residential (MeDR). The LOR category allows up to 4.84 dwelling units per acre. The MoDR
category allows a range of densities, between 4.85 and 7.26 dwelling units per acre while the ~DR
allows between 7.27 and 9.68 dwelling units per acre. Anything hlgtler than 9.68 dwelling units per
acre would require the HDR land use category. To put the proposed density Into perspective with
th~ city's Single-family land use categories, the proposed density of 9.63 dweiiing units per acre Is
approximately 0.05 dwelling units per acre below the threshold of the High Density Residential
(HDR) land use category of 9.68 dwelling units per acre, which would be dearly Incompatible with
the surrounding land uses to the east, south, and west. According to the Land Use Element of the
Comprehensive Plan, the recommended land use designation allows up to 3.5 dweRrng units per
acre. This means that the subject property, being 9.35 acres, Is recommended to accommodate up
to 32 dwelling units or less than one-half (1/2) the total units proposed In the accompanying master
plan. The project proposes single-family attached dwellings (townhouses) but the above-referenced
policy recommends single-family detached dwellings. Again, another relevant objective of the
Future Land Use Element of the Comprehensive Plan Indicates the following:
The City shall evaluate and allow a range of land uses for which the area,
location, and intensity of these uses provide a full range of housing
choices, commercial uses, to ultimately Increase tax base, employment
opportunities, recreation and open space opportunities, and publiC uses
induding school sites for both exLc;ijng and projected populations,
provided that all other comprehensive plan polides are complied with.
Staff concurs with the applicant that the proposed rezoning to PUD to allow townhouses would
increase the diversity of housing types in the locality. In recognizing this and because of the fact
that the property to the north has been developed with a commerdal plaza, staff can make
concessions to the above referenced recommendation for Planning Area 6.C., as it relates to the
type of dwelling units or a mix of dwelling unit types; however, the proposed density would not
meet the intent of the recommendation of the Comprehensive Plan. Furthermore, staff can also
make concessions to the above-referenced policy recommendation that limits the property to 3.5
dwelling unit per acre by allowing the project density to be developed within the limits of the LOR
land use category (up to 4.84 dwelling units per acre). It should be noted that by utilizing the PUD
zoning, these units could be arranged with a higher density unit type (i.e. townhouses) being
constructed along the northern boundary of the property adjacent to Grove Plaza and Iess-dense
unit type (i.e. single-family detached) constructed abutting the single family development to the east
or south, or the density could be dispersed unifonnly on the property. This flexibility is available
based on the advisory status of the site specific land use recommendations within the Problems and
Opportunities Section of the Comprehensive Plan.
Objective 1.19
b. Whether the proposed rezoning would be contrary to the established land use
pattem, or would create an Isolated district unrelated to adjacent and nearby
districts, or would 'constitute a grant of special privilege to an Individual
property owner as contrasted with the protection of the public welfare.
According to the land use amendment I rezoning application, the subject site Is aJrrenUy developed
at a residential intensity of 0.64 dwelling units per acre. Staff conaJrs with the applicant and
acknowledges that rezoning from County AR to PUD would not aeate an Isolated district unrelated
to adjacent and nearby districts because there are neighboring properties with PUD zoning, lying to
the south, east, and west of the subject property. However, provided below is a list of spedfic
objectives taken from the Comprehensive Plan which are relevant to this annexation and land use
Page 7
Ale Number: ANEX 06-003/ LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
amendment / rezoning request. These objectives were taken from the Future Land Use and
Housing Elements of the Comprehensive Plan.
Objective 1.15
The Oty shall encourage planned development projects which are
sensitive to characteristics of the site and to surrounding land uses, and
mixed-use projects In locations which are appropriate, and utilize other
innovating methods of regulating land development.
Objective 1.17
Minimize nuisances, hazards, and other adverse Impacts to the general
public, to property values, and to residential environments by preventing
or minimizing land use conflicts.
Objective 6.3
By the year 2002, the Oty shall oontinue to Implement a series of housing
programs aimed at providing adequate housing and housing sites for the
homeless, very-low, low and moderate-Inoome persons to meet their
housing needs.
Pursuant to the recommendation for Planning Area 6.C. within the Comprehensive Plan's Future
Land Use Support Document, Section VII, Problems and Opportunities, the proposed rezoning to a
Planned-Unit Development oonsisting of townhouse units at a-density of 9.63 dwelling units per acre
would not be oompatible with the single-family detached homes which lie to the east, south, and
west of the subject site.
Staff oompared the characteristics between the subject property and the surrounding properties.
For example, the Grove Plaza commercial center located to the north, is zoned (-3 and would allow
up to 10.8 dwelling units per acre under the Local Retail Commerdalland use category. Initially,
this would support the applicant's justification for higher residential densities on the subject
property, above and beyond the five (5) dwelling units per acre allowed by the current County MR-5
land use. However, lower residential densities lie to the south, east, and west of the subject
property. For example, the residential lots to the south, developed as the Jonathan's Grove
subdivision, are zoned R-1-A. Platted in 1993, Jonathan's Grove is exactly the same size (9.35
acres) as the subject property, but was developed with only 32 lots at a density of 3.4 dwelling units
per acre. This is in sharp oontrast with proposed 9.63 dwelling units per acre. In fact, there are a
total of 16 lots within the Jonathan's Grove subdivision that directly abut the subject property. The
maximum building height in the R-1-A zoning disbict Is 30 feet. While all lots within Jonathan's
Grove are allowed by code to be developed as two (2)-story structures, it appears as though 15 of
the 16 houses that abut the subject property were developed with one (1)-story structures.
Structure "massing" is one of the major differences between a 30-foot tall townhouse building and a
30-foot tall single-family detached home. The perceived massing of a townhouse building with three
(3) or more units is greater than the massing of one (1) large, single-family detached home. In
other words, a row of townhouse buildings appears larger than a row of single-family detached
homes despite both being limited to equal building heights.
Located west of Lawrence Road Is a residential subdivision within Unincorporated Palm Beach
County zoned PUD and dasslfied Medium Residential MR-5. The Palmyra PUD was developed at a
density of 4.4 dwel/lng units per acre. The density of the Palmyra PUD is well below the requested
density of this project.
Page 8
File Number: ANEX 06-003 /lUAR 06-004
Name: Lawrence Road project (aka Parc Central)
The properties to the east lie within the Nautlca Sound PUD subdivision, formerly known as the
Knollwood Groves PUD. On October 17, 1989, the Oty Commission approved the rezoning from AG
(Agriculture) and R-1AAA (Single-family Residential) to PUD. This 110.91-acre subdivision was
platted In 1996 with 424 residential lots equating to an overall density of 3.82 dwelling units per
acre. Again, the density proposed by the applicant would be much higher than the built
environment of Its neighbor to the east. The applicant asserts that \\ while the proposal results In a
higher density than Immediately adjoining residential properties, it Is consIdered that the sIte and
proposed development perform a transitional and buffering role from commercial development to
the north of these propertieS'. The Palmyra and Jonathan's Grove subdivisions do not abut the
commercial project. However, a 240-foot long stretch of the Nautlca Sound PUD - Plat Two
subdivision directly abuts the Grove Plaza commercial center, which Is similar to this project.
Contrary to what Is argued by the applicant regarding townhouses as the necessary transitional use,
the Nautlca PUD was developed with single-family detached homes where it abuts the same
commercial plaza as that of the subject property. It should be noted that Grove Plaza was platted In
1998, subsequent to approval of Nautica PUD - Plat Two. Nonetheless, Grove Plaza was reviewed
and approved with full knowledge that it would abut single-family detached homes of the Nautica
PUD and visa-versa. The main difference between the Nautica PUD - Plat Two and Jonathan's
Grove is that many of the homes in the Nautica PUD were developed as two (2)-story structures.
Staff disagrees with the applicant's assertion that the proposed development Is CDnsidered to
provide an appropria~ ir'lterface with adjoining properties and Is ronsi$nt with the character of the
locality: The applicant admits that there Is a predominance of single-family detached housing within
the immediate vidnity. Again, staff does not object to a mix of residential units that indudes
townhouses but rather is concerned about significantly higher proposed density.
Comprehensive Plan Objective 6.3 addresses the need for the City to address affordable housing
issues. The applicant provided a thorough examination of current and antidpated population
projections, rising property values within the City and County, and the need for affordable housing.
The applicant states that "the proposal responds to the current real estate context of rising single-
family housing prices by providing a more affordable alternative for residents of Palm Beach
County". While it is true that this proposal would provide alternate housing and it may In fact,
provide for a more affordable solution, it does nothing to address the needs of affordable housing In
general. Staff acknowledges that soMng the County's socio-economic woes and rising real estate
cost are not a responsibility of the developer. However, density bonuses and induslonary zoning Is
a common tool for local munidpalities to Increase the affordable housing options beyond what the
market currently provides on Its own. The positive aspects of Induslonary zoning Indude the
production of affordable housing at OWe cost to local government and the creation of Income-
Integrated communities. The my and Community Redevelopment Agency (rnA) are currently
having the affordable housing needs of the Oty studied as a prerequisite to potential Induslonary
housing program.
c. Whether changed or changing conditions make the proposed rezoning
desirable.
OVer the last decade, the dty has wiblessed a steady trend of properties located either on or near
Lawrence Road, being converted from agricultural to residential uses through the construction of
single-family homes. A predominance of zero-lot line homes have been already constructed within
the immediate vicinity of the subject property. Therefore, there would be no significant change in
conditions that would make the proposed rezoning to Planned Unit Development (PUD) undesirable,
Page 9
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
only the Intensity associated with the proposed development, which is unprecedented In the
Immediate area.
d. Whether the proposed use would be compatible with utility systems,
roadways, and other public fadlities.
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 reviewed the traffic study for t"e
proposed annexation I land use amendment! rezoning and determined that the proposed
residential project meets the Traffic Performance Standards of Palm Beach County. The
accompanying master plan Is expected to generate 644 new daily trips or 184 more trips than the
projected number of trips had the property been bullt-out to its maximum potential under the
current County MR-5 land use dasslfication. The project Is estimated to require a total of 40,000
gallons of potable water per day. The Oty's water capadty, 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 demand for this project. Additionally, suffident sanitary sewer and wastewater treatment
capacity Is currently available to serve the projected total of 18,000 gallons per day.
Maximum Potential Water I Sewer Traffic
Development Population Demand Generation
Potential Trips I day
existing land Use 46 townhouse 105 persons 19,780 gpd / 322**
or 8r901 gpd
46 single- 460**
family
detached
Proposed Development 92 fee-simple 201 persons 4OrOOO gpd / 644*
townhouse 18rOOO gpd
units
* Statistics derived from the land use I amendment application and its supporting documents;
** Telephone conversation with MlP Group, Inc. on March 13, 2006
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate
capadty exists to accommodate the munty's munidpalities throughout the lO-year planning period.
The School District of Palm Beach County has reviewed the application and has determined that
adequate capadty exists to accommodate the resident population. The City's Rre Rescue and Police
Departments have reviewed the application and determined that current staffing levels would be
suffident to meet the expected demand for services. Lastly, drainage will also be reviewed in detail
as part of the review of the site plan approval, and must satisfy all requirements of the city and local
drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the cunent and
future use of adjacent and nearby properties, or would affect the property
values of adjacent or nearby properties.
As outlined In the responses to Oiterlon "a" and "b", the proposeclland use would be inconsistent
with those residential densities approved on the adjacent properties. The residential land uses
Page 10
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
within the Immediate vldnlty are characterized by low density development and likewise, should be
the same for this property. However, the proposed rezoning to PUD would In fact, be consistent
with the current zoning of the adjacent and nearby properties. According to the Palm Beach County
Property Appraiser Office, the price of homes that sold In the last six (6) months within Nautlca
Sound PUD - Plat Two, range between $335,000 and $425,000. Homes that sold within the last six
(6) months In Jonathan's Grove subdivision ranged between $395,000 and $460,000. Homes that
sold In Palymra ranged between $380,500 and $455,000. Regardless of what density Is proposed,
staff antidpates that any effect on property values would be positive and would help to Increase the
dty's tax base. However, It Is highly likely that the town homes associated with the accompanying
master plan would sell for less money than adjacent single-family detached homes of the adjacent
developments.'
f. Whether the property Is physically and economically developable under the
existing zoning.
Under the existing County AR zoning, the property could be utilized for a variety of agricultural or
conservation purposes. Also permitted are single-family detached dwellings on a minimum lot area
of fIVe (5) acres. The City has approved numerous townhouse projects within the last few years.
Ukewise, the Oty has also approved many residential communities consisting of single-family
detached and zero lot-line homes. These communities of single-family detached homes are more
prevalent west of Congress Avenue. As previously mentioned, the Palmyra One project was one
such project that was recently approved by the County for single-family detached homes. Palmyra
Two, an extension of -Phase One Is an example of an adjacent property that was recently annexed
into the city and rezoned to PUD for the construction of 85 single-family homes. Staff understands
that the developer of the Palmyra PUD is currently searching for more vacant parcels along
Lawrence Road in which to develop. It should be noted that in March of 2006, another developer
submitted an annexation and land use amendment / rezoning request for a PUD consisting of 4S
zero lot-line homes on the vacant parcel directly south of Jonathan's Grove. This vacant parcel is
very similar to the subject property in terms of its location, size, and topography. The only
difference between the two (2) is that the subject property abuts commercial zoning while this new
application does not. Based on the above, it would appear that the property Is physically and
economically developable under the current ComprehenSive Plan policy for single-family detached
homes, developed under the LOR land use category. The applicant emphasizes that "it is considered
that the proposed MeDR land use best responds to the transitional nature of the site and the site
context being between commercial and low density single-family development". Staff disagrees with
the applicant that the subject property Is considered transitional, especially. based upon previous
discussions regarding theNautlca Sound PUD Immediately abutting the same commercially-zoned
parcel. It should be noted that the Palmyra and Vineyards residential projects both consist of single-
family detached homes located along Hypoluxo Road, an Intense arterial road, without any
transitional elements.
g. Whether the proposed rezoning is of a scale which Is reasonably related to
the needs of the neighborhood and the dty as a whole.
Due to the proposed density and building massing, It Is arguable as to whether the proposed
rezoning is of a scale which Is reasonably related to the needs of the neighborhood and the my as a
whole. Approval of this rezoning request for medium density residential development may also set a
precedent for similar land use and zoning on the vacant parool to the south of Jonathan's Grove.
Staff understands that land values directly and Indirectly Influenced the magnitude of townhouse
Page 11
R/e Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
projected developed In the city; however, these projects have been located along Federal Highway
and Congress Avenue where higher densities and mixed-uses are encouraged and represent the
urban environment. However, the suburban areas should be recognized and preserved for those
residents seeking the suburban environment.
h. Whether there are adequate sites elsewhere in the city for the proposed use,
in districts where such use Is already allowed.
Townhouse buildings are currently permitted In the Multi-family Residential (R-3), the Suburban
Mixed-Use (SMU), Inti II Planned Unit Development (IPUD), Mixed Use-low Intensity (MU-L), and as
conditional uses In the Mixed Use-High. Intensity (MU-H) zoning districts. The remaining supply of
vacant land zoned for mUlti-family housing Is somewhat limited, as the City progresses towards
bulld-out. However, bulld-out does not necessary mean that there are not other redevelopment
opportunities elsewhere in the Oty. In fact, the Oty has been experlendng a tremendous amount
of redevelopment and intill activity, especially in the eastern and urban areas of the Oty, such as
along Congress Avenue where buildings, particularly commerdal structures are razed and replaced
with townhouse projects. With the vision and recommendations of the Federa/ Highwav Conidor
Community Redeve/oDment Plan and subsequent creation of the Special High Density Residential
(SHDR) land use category, Mixed Use-low Intensity (MU-l), Mixed Use-High Intensity (MU-H), and
the Intill Planned Unit Development (IPUD) zoning districts, there are still many opportunities
elsewhere in the Oty where townhouse development would be highly appropriate due to them being
endemic to such urban environments.
CONCLUSIONS/RECOMMENDATIONS
In terms of concurrency, enough capadty exists to serve the development. Annexation into the Oty
and subsequent rezoning to PUD would not create additional impacts on infrastructure that cannot
be accommodated by existing capadties. However, as indicated herein, this request is found to be
inconsistent with the policy recommendation and / or intent of the Comprehensive Plan. Therefore,
staff recommends this requested be denied based on the following conclusions:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future Land Use Support Document, SectIon VII, Problems and
Opoortunities. The above-referenced recommended land use category for this area of the
dty is low Density Residential (LOR), not Medium Density Residential (MeDR).. The
proposed project density of 9.63 dwelling units per acre, whIch would be just under the
threshold of High Density Residential (HDR), is too intense for this suburban area of the Oty
where there is a predominance of Single-family detached homes;
2. Although the requested annexation is consistent with the Oty's annexation policy because
the property is contiguous with Properties lying within the my of Boynton Beach, and forms
a reasonably compact addition to the dty boundaries; it cannot be successfully annexed Into
the City without an' appropriate land use category;
3. Staff disagrees with the applicant's assertion that the site Is considered "transitional" and
therefore more appropriate for higher residential densities In lieu of lower residential
densities, despite the fad: that It abuts up to commercial property (Grove Plaza) to the
north;
Page 12
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are adequate sites elsewhere in the City where townhouse developments are
more appropriate and compatible.
If the Planning and Development Board or the City Commission recommends conditions, they will be
inducted as Exhibit "C".
S:\Plamlng\SHAREO\wp\PROJECTS\llIwrence Rd. Project-lllnd Oeslgn South\LUAR 06-004\Staff Report.doc
LOCATION MAP
Lawrence Road Project
Exhibit "A"
.
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EXHIBIT B
LAWIIENcE ROAD
-~=
EXHIBIT "e"
Conditions of Approval
,
Project name:
File number:
Lawrence Road project (aka Parc Central)
ANEX 06-003 and LUAR 06-003
ff 0 3
Reference: Sta renort Memorandum P&Z 06- 5
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING & WNING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Page 2
Lawrence Road project (aka Parc Central)
File No.: ANEX 06-003 and LUAR 06-004
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
-.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECfS\Lawrence Rd. Project-Land Design South\LUAR 06-004\COA.doc
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.4
AGENDA ITEM REQUEST FORnI
Requested City Commission Date Final FOml Must be Turncd Requested City Commission Dale Final Form Must be Turned
Meeting Dates in to City Clerk's Oftice Meeting Dates in to City Clerk's Omce
0 April 4, 2006 March 20, 2006 (Noon.) 0 .June 6, 2006 May 15.2006 (Noon)
0 April J 8,2006 April 3, 2006 (Noon) 0 June 20. 2006 .June 5, 2006 (Noon)
I:8J May 2, 2006 April 17, 2006 (Noon) 0 .July 5, 2006 .June 19, 2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) 0 .July 18. 2006 .July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing I:8J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 2, 2006 City Commission Agenda under Legal,
Resolution to follow review of the corresponding ordinance for annexation and land use amendment and rezoning, The City
Commission tabled this request on April I 81h to allow for final review of the annexation and land use amendment and
rezoning prior to considering the site plan. For further details pertaining to the request, see attached Department
Memorandum No. 06-054.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Lawrence Road Project (NWSP 06-006)
Brian Terry, Land Design South
Vennac Properties 6, LLC
Northeast comer of Lawrence Road and 71 SI A venue South, approximately 350 feet south
of Hypoluxo Road
Request New Site Plan approval to construct 90 fee-simple townhouse units on a 9.35-acre
parcel in the Planned Unit Development (PUD) zoning district.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
u~
City Manager's Signature
~ '-~
/'" Planning and Zoning D#ctor
Document I
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C#It.
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A NEW SITE PLAN
5 FOR PROPERTY LOCATED AT THE NORTHEAST
6 CORNER OF LAWRENCE ROAD AND 7IsT AVENUE
7 SOUTH, APPROXIMATELY 350 FEET SOUTH OF
8 HYPOLUXO ROAD; AND PROVIDING AN
9 EFFECTIVE DATE-
10
II \VHEREAS, the City Commission has reviewed an application for site plan
12 approval submitted by Vermac Properties 6. LLC., for prope11y located at the Northeast
13 comer of Lawrence Road and 7151 Avenue South, approximately 350 feet South ofHypoluxo
14 Road, and finds that all conditions precedent for consideration of the site plan have occurred;
15 and
16 \VHEREAS, following a quasi-judicial hearing the City Commission finds that the
17 site plan complies with the City's land development regulations, subject to the conditions of
] 8 approval set forth in the Development Order attached hercto as Exhibit "A"; and
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2]
Section 1.
The foregoing "WHEREAS" clauses are true and corrcct and
22 hereby ratified and confirmed by the City Commission.
23
Section 2.
The City Commission of the City of Boynton Beach hereby
24 approves thc site plan presented to the City Commission on the date shown below.
25 subject to the Conditions of Approval set forth in the Development Ordcr attached hereto
26 as Exhibit "A".
27
Section 3.
That this Resolution will become effective immediately upon passage.
S:\CA\RESO\Site plan Appro\'al - Lawrence Road.doc
I
2
3
4
5
6
PASSED AND ADOPTED this _ day of May, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
~I
9
10
11
12
I3
14
15
16
17
18
19 ATTEST:
20
21
22
23 City Clerk
24
25 (Corporate Seal)
26
27
28
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Site plan Approval - Lawrence Road.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Lawrence Road project (aka Parc Central)
APPLICANT'S AGENT: Mr. Brian Terry I Land Design South
APPLICANT: Vermac Properties 6, LLC
APPLICANT'S ADDRESS: 18999 Biscayne Boulevard. #102 Aventura, Florida 33180
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
2006
April 18, 2006 and May 2,
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 90 fee-simple townhouse
units on a 9.35-acre parcel in the PUD Planned Unit Development
zoning district
LOCATION OF PROPERTY: Northeast corner of Lawrence Road and 71s1 Avenue South,
approximately 350 feet south of Hypoluxo Road (see Exhibit "A" _
Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PlanningISHAREDlWPIPROJECTSlLawrence Rd Project-Land Design SouthINWSP 06-006\OO.doc
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-054
STAFF REPORT
Chairman and Members
Planning and Development Board and City Commission
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP ~
Planner U
March 22, 2006
Lawrence Road project (aka Parc Central) / NWSP 06-006
New Site Plan
Property Owner:
Applicant:
Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
eROJECT DESCRIPll0N
Multiple owners
Vermac Properties 6, LLC
Mr. Brian Terry with Land Design South
Northeast corner of Lawrence Road and 71 st Avenue South,
approximately 350 feet south of Hypoluxo Road (Exhibit "A'')
:1:9.349 acres (407,263 square feet)
Palm Beach County Medium Residential, 5 units per acre (MR-5)
Palm Beach County Agricultural Residential (AR)
Medium Density Residential (MeDR)
Planned Unit Development (PUD)
Townhouse Community
Developed commercial (Grove Plaza) designated with Local Retail
Commercial (LRC) land use and zoned Community Commercial (C-3),
then farther north is right-Of-way for Hypoluxo Road, then still farther
north Is Santaluces High School designated with Palm Beach County
Institutional (I) land use and zoned Palm Beach County Public
Ownership (PO);
Staff Report -Lawrence Road project (aka Pare Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 2
South:
Developed single-family residential properties (Jonathan's Grove)
designated with Low Density Residential (LDR) land use and zoned
Single-family Residential (R-l-A), then farther south Is vacant
residential located within an enclave of unincorporated Palm Beach
County designated with Medium Residential, 5 units per acre (MR-5)
land use and .zoned Agricultural Residential (AR);
East:
Developed single-family resident/allots (Nautica Sound PUD) classified
with Low Density Residential (LDR) land use and zoned Planned Unit
Development (PUD); and
West:
Right-of-way for Lawrence Road, then farther west is developed
residential property (Palmyra I) located within unincorporated Palm
Beach County with Medium Density, 5 units per acre (MR-5) land use
and zoned Planned Unit Development (PUD).
Site Characteristic: The subject property is located within an enclave of unincorporated Palm Beach
County. It is comprised of severa/lots, forming a 9.35-acre rectangular-shaped
parcel. Said parcel is located at the northeast corner of Lawrence Road and 71st
Avenue South, which is approximately 350 feet south of Hypoluxo Road. Several of
the lots have already been developed with single-family detached homes. The
survey shows that the site contains many mature trees, such as Areca palm, Queen
palm, Royal palm, Acacia, Banyan, Bottlebrush, Black Olive, Coconut palm, Citrus,
Cabbage palm, Ficus, Gumbo limbo, Norfolk Island pine, Oak, Pine, Poinsetta, and
Scheflera. Also, there are several large-size ponds scattered throughout the site.
The highest elevation is a point 18.8 feet above sea level, located at the eastern
portion of the site near the east property line. It should be noted that if the project
is approved, many if not all of the existing easements would be vacated and
rededicated elsewhere on site through the platting process.
BACKGROUND
Proposal:
As previously mentioned, the subject property is located within an enclave of
unincorporated Palm Beach County. The underlying land use Is County Medium
Residential, 5 units per acre (MR-5) and the corresponding zoning district is County
Agricultural Residential (AR). Mr. Brian Terry with Land DeSign South Is proposing
a new site plan (for 90 fee-simple townhouse units), which would be processed
Simultaneously with a master plan that is associated with a concurrent request for
annexation, land use amendment, and rezoning (see Exhibit "C" - Conditions of
Approval). It Is the desire of the applicant to raze the existing houses and request
to reclassify the land use category to Medium Density Residential (MeDR) and
rezone to Planned Unit Development (PUD). Townhouses are pennltted In the PUD
zoning district. All buildings are Proposed as two (2)-story structures. The
maximum density allowed by the MeDR land use classification Is 9.68 dwelling units
per acre, which would allow the developer a maximum of 90 units. However, the
requested density was found to be Inconsistent with the policy recommendation
and I or Intent of the Comprehensive Plan. Therefore, staff recommends denial of
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 3
requested annexation, land use amendment, and rezoning for the following
reasons:
1. The requested land use category of Medium Density Residential (MeDR) for the
proposed development Is Inconsistent with the recommendation for Planning
Area 6.C. of the Comprehensive Plan Future land Use Support Document,
Section VII, Problems and Opportunities. The above-referenced recommended
land use category for this area of the city Is Low Density Residential (LDR), not
Medium Density Residential (MeDR) In order to maintain consistent densities
and residential character throughout the area. The proposed project density of
9.63 dwelling units per acre, which would be just under the threshold of High
Density Residential (HDR) strongly contrasts the recommended density and the
single-family character represented by the predominance of Single-family
detached homes built within the immediate vicinity at less than five (5) dwelling
units per acre;
2. Although the requested annexation is consistent with the City's annexation
policy because the property Is contiguous with properties lying within the City
of Boynton Beach, and forms a reasonably compact addition to the city
boundaries; it cannot be successfully annexed into the City without the
concurrent reclassification and rezoning of the property;
3. Staff disagrees with the applicant's assertion that the site is considered
"transitional" (because it abuts up to a commercial property (Grove Plaza) to
the north) and consequently is eligible and more appropriate for higher
residential densities;
4. That approval of this request could set a precedent for similar land use and
zoning on the vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as
evidenced by the surrounding residential subdivisions and recent development
application for said homes on the property south of Jonathan's Grove; and
6. That there are sites elsewhere in the City where townhouse development can
be constructed and be more compatible with surrounding residential
developments.
ANALYSIS
Concurrency:
Traffic:
A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review In order to ensure an adequate level of service. The Palm
Beach County Traffic Division has confirmed that the project meets the Traffic
Performance Standards of Palm Beach County.
Utilities:
The CIty's water capacity, as Increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 4
projected potable water for this project (project estimated to require a total of
40,000 gallons per day). local piping and Infrastructure Improvements may be
required, especially on the water delivery system for the project, depending upon
the final project configuration and fire-flow demands. These loeallmprovements
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 18,000 gallons per day, subject to
the applicant making a firm reservation of capacJty, following approval of the site
plan (see Exhibit "c" - Conditions of Approval).
Police/Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found.the conceptual Information to be adequate and Is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South Aorida 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 has reviewed the applieation and has
determined that adequate capacity exists to accommodate the projected resident
population.
Driveways: The project proposes one (1) pOint of ingress / egress to the subject site. This
main entrance would be located on Lawrence Road. The ingress lane would be 20
feet in width and the egress lanes would total 25 feet in width. The entrance and
exit lanes would be separated by a 12-foot wide median. The egress lane would
allow for right-turn (northbound) traffic movement onto Lawrence Road. No left-
turn (southbound) traffic movement is proposed on Lawrence Road due to the
presence an existing landscaped median. The development would be secured, as a
gate Is proposed at the front entrance north and south of the circular driveway.
The circular drive allows an escape route should motorists be denIed enby In the
townhouse development. The street system Internal to the deVelopment Is
generally proposed In a linear configuration of large east-west drive aIsles.
Residents would access their garages via small connecting north-south roads
proposed between the larger east-west drive aIsles. The site plan shows that all
two (2)-way drive aisle lanes would be 25 feet In width, whIch would conform to
current engineering standards. The project's sidewalks are proposed separately
from the street system. It should be noted that an emergency access point is
proposed along the north property line, located along the eastern portion of the
subject property, directly abutting Grove Plaza. This poInt would be used If the
main point of access proposed along Lawrence Road Is obstructed. The property
owner to the north (KMA Investments Properties, LlC) provided staff with a letter
dated February 13, 2006 that confirms theIr consent for thIs cross-access onto theIr
property. The letter IndIcates approval of the "tap streets which would allow the
residents' access to the retailers wIthIn Grove Plaza". However, It Is the project
Intent to only utilize the proposed access poInt along the north property line for
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 5
emergency purposes and only if the main entrance along Lawrence Road Is
obstructed. The Fire Hydrant and Fire Truck Access Route Plan (sheet C-9) shows
the projected path and turning radii of emergency vehicles.
Parking Facility: Two and three bedroom dwelling units require two (2) parking spaces per unit.
The project proposes 90 residential units and two (2) recreation areas and would
therefore, require 190 parking spaces. Each unit would have a two (2)-car garage.
The site plan tabular data indicates that nine (9) 90-degree spaces and 12 parallel
spaces are proposed for a total of 201 parking spaces or an excess of 11 spaces.
The floor plans of Models "A" and "B" show that the two (2)-car garage would be
dimensioned 18 feet- six (6) Inches in width by 20 feet- eight (8) inches In depth.
Model "C" would be slightly narrower but still able to accommodate two (2) parked
vehicles. The detail of the Typical Unit Plan shows that the driveways (proposed at
the rear of each building) would be 16 feet In width but only eight (8) feet in depth
and therefore would not be able to accommodate a parked vehicle. The site plan
shows that the 90-degee parking spaces, proposed primarily near the easternmost
pool area would be dimensioned nine (9) feet - six (6) Inches In width by 18feet-
- six (6) inches in length. The handicap space would be 12 feet in width with five (5)
feet of striping by 18 feet - six (6) Inches In length. The parallel parking space
proposed along the north landscape buffer would be dimensioned nine (9) feet - six
(6) inches in width by 25 feet in length. All spaces would conform to current
Engineering standards.
Landscaping: According to the site plan tabular data (sheet 1 of 2), the proposed pervious area
would total 3.89 acres or 41.6% of the site. This figure Includes the projects two
(2) dry-retention areas. The retention areas are proposed at the western portion
ofthe project, near Lawrence Road. The Plant Schedule table Indicates that 114 or
63% of the 180 canopy trees and 45 (62%) of the 73 palm trees would be native.
The landscape data Indicates that 3,622 or 70% of the 4,664 shrubs would also be
native. The landscape plan would prOVide the following species of trees: Gumbo
Umbo, Pitch Apple, Pigeon Plum, Geiger tree, Wax Myrtle, Uve Oak, Mahogany,
Yellow Elder, Glory tree, Christmas palm, Coconut palm, Medjool Date palm, Royal
palm, and Sabal palm.
The site plan shows that a lS-foot wide landscape buffer tract Is proposed along
the north property line abutting the commercial property. However, It should be
noted that there are several 7S-foot long stretches of this buffer that would be only
five (5) feet - six (6) Inches wide because of parallel parking spaces that are
proposed within said buffer. The parallel parking spaces proposed within the north
landscape buffer would be located perpendicular to the north-south pedestrian
walkways. The applicant Is attempting to locate the widest portions of the
landscape tract perpendicular to where the buildings are proposed in an attempt to
provide the necessary buffering between said buildings and the commercial
property to the north. The landscape plan shows that a mix of Mahogany and
Gumbo Umbo canopy trees spaced 20 feet apart are proposed within this buffer. It
should be noted that the site plan shows an existing eight (8) foot tall C.B.S. wall Is
located along the entire southern fringe of the Grove Plaza property. However, the
lS-foot Landscape Buffer detail indicates that the wall Is five (5) feet In height.
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 6
Regardless, it would be unnecessary to erect a wall within the north landscape
buffer of the subject property. A row of Firebush Is proposed at the base of the
wall along the north property line of the subject property. This landscape material
would help to "soften" the look of the wall.
A landscape buffer 1S feet In width Is proposed along the entire east property line.
This is the portion of the proposed PUD that abuts the Nautica Sound development
to the east. A combination of Geiger and Wax Myrtle trees 20 feet on center would
be placed within said landscape buffer. It should be noted that the landscape plan
also shows that the eastern portion of a 12-foot wide utility easement would
overlap with the east landscape buffer. However, this slight overlap would not
prevent the installation of the canopy trees within the buffer. The 1S-foot
Landscape Buffer detail shows that an existing six (6) foot tall chain-link fence runs
along the entire east property line. This fence is located outside the property line
and is not a part of this site plan. However, the Buffer detail indicates that a six
(6) foot tall continuous hedge and three (3) foot tall shrubs would be placed along
the east property line underneath the canopy trees. Staff recommends installing a
six (6)-foot tall buffer wall along the east property lines In areas where vehicles
traveling from within the PUD can potentially shine their headlights onto the
adjacent properties (see Exhibit "c" - Conditions of Approval).
A landscape buffer 10 feet in width is proposed along the entire south property line
of the subject property, directly abutting the Jonathan's Grove subdivision. The 10-
foot Landscape Buffer detail indicate~ that the trees would be installed 20 feet
apart. The landscape plan indicates these trees would be a combination of Yellow
Elder and Geiger trees. Again, it should be noted that the landscape plan also
shows that the southern portion of a 12-foot wide utility easement would overlap
with the east landscape buffer. However, this slight overlap would not prevent the
installation of the canopy trees within the buffer. Also, the detail Indicates shows
an existing six (6) foot tall pre-cast buffer wall runs along the entire property line.
Therefore, a wall on the subject property would not be needed.
A landscape buffer 1S feet in width is proposed along the entire west property line
adjacent to Lawrence Road. This landscape buffer would Include the following
species: Royal palm, Ixora Nora Grant, Weeping. lantana, Bird of Paradise, Redtip
Coeoplum, and Shore Juniper. The 1S-foot Landscape Buffer detail indicates that
the trees would be staggered at 20 feet apart. It also shows that a six (6) foot tall
pre-cast Is proposed along the entire west property line within the buffer area.
Shrubs and groundcover plants would be installed along the outsfde of the wall.
The continuous hedge would be four (4) feet in height while the shrubs would be
three (3) feet in height. The Pre-Cast Wall detail shows that the wall would be six
(6) feet in height and have decorative columns and caps.
The landscape material for each townhouse building Is proposed in the same
design. The material would indude the following species: Dahoon Holly,
Mahogany, Traveler's palm, Sabal palm, Redtip Cocoplum, Arebush, DwarfYaupon
Holly, Muhly Grass, Giant Sword Fern, Imperial Blue Plumbago, Wild Coffee, and
Variegated Schefflera. The accent plants would Include Crinum Uly, Saw palmetto,
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 7
Building I Site:
and Tropical Bird of Paradise. Most trees would be Installed at half the building
height.
The applicant Is requesting a rezoning to PUD Planned Unit Development with a
density of 9.63 dwelling unit per acre, rather than the 3.5 dwelling units per acre
as stated In the recommendations for Planning Area 6.C. of the Comprehensive
Plan Future Land Use Support Document, Section VII, Problems and Oooortunlties.
A project density of 3.5 dwelling units per acre would fall under the LDR land use
category. Regardless of which land use category Is used, both would allow for the
PUD zoning district. As such, according to Chapter 2.5, Section 9.B., when
rezoning a property, no minimum lot size or minimum yard shall be required;
provided however, that PUD frontage on dedicated public roads shall observe front
yard requirements in accordance with the zoning district the PUD use most closely
resembles and that peripheral yards abutting other zoning districts shall be the
same as required in the abutting zone. The abutting property to the north is zoned
Community Commercial (C-3) with a Local Retail Commercial (LRC) land use
designation. The rear setback of the C-3 zoning district Is 30 feet. The site plan
proposes a setback of 48 feet from the north property line. The abutting lots to the
south are zoned Single-family Residential Dwelling (R-1-A) with a Low Density
Residential (LOR) land use designation. As such, the rear setback of the R-1-A
zoning district is 20 feet. The site plan proposes a setback of 43 feet from the
south property line. The properties to the east lie within the Nautlca Sound PUD
subdivision, formerly known as Knollwood Groves PUD. On October 17, 1989, the
City Commission approved the rezoning of AG (Agriculture) and R-1AAA (Single-
family Residential) to PUD. This 110.91-acre subdivision was platted in 1996 with
424 residential lots equating to an overall density of 3.82 dwelling units per acre.
The Nautica Sound PUD has a required rear setback of 15 feet from the west
property line. In reality, the buildings are setback between 35 feet and 40 feet
from the west property line. The site plan proposes a setback of over 57 feet from
the east property line.
As previously mentioned, all townhouse buildings are proposed as two (2)-story
structures. The elevations show them with a mean height of slightly over 25 feet-
four (4) inches and a peak roof height of 30 feet - four (4) inches. The project
proposes three (3) model types, all of which would contain three (3) bedrooms.
The size of the models would range from 1,789 square feet (as the smallest) to
1,957 square feet (as the largest) of air-conditioned living areas. The site plan
shows that the 90 fee-simple units are proposed in 18 separate buildings. The
uses proposed in the PUD and the acreages d~voted to each are as follows:
Land Uses
Acres
MUlti-family Residential
Private Recreation
Vehicular Use area
Open space I Landscaping
3.58
0.89
2.26
2.62
TOTAL 9.35
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 8
The Typical Unit detail indicates that each five (5)-unit building would be 11,965
square feet in area. It also indicates that the yards for each fee-simple lot area
would be enclosed with a three (3) foot tall decorative wall followed by two (2) feet
of fencing on top of it. According to the applicant, each residential allotment would
extend from the end of the proposed driveway at the rear of each building to the
end of the front courtyard. The common areas would have trellises. The site plan
shows a tot-lot and two (2) separate recreation areas, proposed on opposite ends
of the development. The easternmost recreation area would consist of a swimming
pool, cabana building, spa, and splash pool. The westernmost recreation area
would consist of 0.59 acres of open space, a tot-lot, and a lOaD-square foot
clubhouse building. No swimming pool Is proposed at the westernmost recreation
site.
The applicant is not requesting the provision for screened-roof enclosures in the
rear yard. Covered balconies and entries are shown on the plans submitted. Staff
would object to screened-roof and solid-roof screened enclosures that encroach
outside the "building envelope" or fee-simple lot area. No mailbox location have
yet been determined but the applicant suggests that in their consultation with the
post office, it is probable that the mail area(s) would be incorporated within the
common recreation areas.
The location of the call-box / Knox box is provided on the site plan. According to
the applicant, the southern entrance gate off the circular drive would be the
residents only and would be operated with a security card / buzzer. The northern
gate would be for residents and visitors. Residents would gain access via a security
card / buzzer and visitors would utilize the call box.
DeSign:
The City has reviewed and approved many different residential projects over the
past few years (i.e. Boynton-DIXie, The Harbors, Villas at Quantum Lakes, ArboIata,
Jefferson at Boynton Beach, Kensington Place, Serrano Beach, Waterside,
Bayfront). Most of them have been townhouse developments. AssocIated with the
proposed type residential development are a wide variety of poSSible building
designs (i.e. contemporary, traditional, Spanish-Mediterranean, etc.). This project
would be considered as more of a mixture of "traditional" architectural styles with
Its decorative shutters, white aluminum railings, and architectural gable features.
The desired roofing material Is a shadow line architectural shingle manufactured by
Elk Premium Roofing or similar make. According to the applicant, the Shingle Is a
high-wind Impact product more easily attainable In current post-hUrricane market .
The elevations show that the exterior finish of the walls would consist of a
combination of either smooth stucco or semi-rough stucco. Since 18 buildings are
proposed, the one (1) of the three (3) color schemes would be applied to each
group of six (6) buildings. Staff has no objections to the proposed building colors,
architectural styles, or roof types.
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 9
Generally speaking, staff is In favor of annexing the subject parcel and converting
the partially developed residential use to a planned unit development. However,
staff's objection with the plan is not with the design itself but rather with the
proposed density. Specific site design components, such as the configuration of
the buildings, separation distance, drive aisles, and allocation of guest / overflow
parking were all found to be acceptable, contingent upon Incorporating all of staffs
comments that are itemized in Exhibit "C" - Conditions of Approval. However, City
staff opines that the proposed density (9.63 units per acre) Is too Intense pursuant
to the Comprehensive Plan Future Land Use Support Document, Section VII,
Problems and Oooortunlties, and Is more appropriate elsewhere In the Oty. For
example, on May 15, 2001, the Oty Commission adopted the Federal Highway
Corridor Redevelopment Plan to allow for a variety of housing styles at Intensities
that will assist In supporting the downtown. It also served as a catalyst to
encourage redevelopment and Infill development of the eastern and more urban
areas of the City, specifically along Federal Highway, and to promote the overall
general economic expansion of the Oty. Implementation of the Plan Included an
amendment to the Land Development Regulations to create high density zoning
. districts, such as the IPUD and mixecj-use zoning districts. These new zoning
district allows for a greater variety of housing types in order to redevelop infill
parcels. A more complete and exhaustive analysis of the project's density and
compatibility issues are addressed in the accompanying staff report (P&Z 06-053).
Signage:
The proposed signage is shown on the on the Monument Sign detail. According to
the drawing, the "Pare Central" sign would be 32 square feet In area, thereby
complying with Chapter 21, Article N, Section 1.0 of the Land Development
Regulations. However, no sign material or color(s) were indicated. Therefore, staff
recommends they be either back-lit or receive uplighting and have colors that are
compatible with the colors of the development (see Exhibit "C" - Conditions of
Approval).
RECOMMENDATION:
Staff Is recommending denial of the applicant's concurrent request for annexation, land use amendment,
and rezoning (ANEX 06-003 and lUAR 06-004). Therefore, staff recommends that this request for new
site plan be denied based upon the density and compatibility Issues Identified and addressed In
accompanying staff report (P&Z 06-053). Furthermore, these Issues are summarized In the "Proposal" and
"Design" sections of this staff report. However, if it is the will of the Planning & Development Board and
City Commission to approve the project as proposed, then all remaining unresolved comments Included In
Exhibit "C" - Conditions of Approval shall be complied with prior to the issuance of any building permits.
Any additional conditions recommended by the Board or Oty Commission shall be documented accordingly
In the Conditions of Approval.
S:\P1anning\SHARED\WP\PROJECTS\lawrence Rd. Project-Land DesIgn South\NWSP 06-006\Staff Report.doc
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01 ~ ~ i CITY OF BOYNTON BEACH, FLORIDA
;; Landscape ArchitectuntlLand Planning
EXHBIIT "C"
Conditions of Approval
Project name: Lawrence Road (aka Parc Central)
File number: NWSP 06-006
Reference: 2nd review plans identified as a New Site Plan with a February 14.2006 Planning & Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
-
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. At the time of permitting, show location of call-box on the plans; revise to X
allow "resident-only" for south gate.
.
2. At the time of permitting, provide and clearly label a minimum 40-foot wide X
right-of-way (roadway tract) with minimum of two (2) II-foot widc travel
lanes.
ENGINEERING DIVISION
Comments:
3. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Use City Standard Drawing P-14 for the sight triangles along
Lawrence Road.
4. The storm sewer system is shown with an ultimate outfall into the County's X
storm sewer system on Lawrence Road. At the time of permitting, provide
written confirmation that the County will allow this tie-in into their system.
5. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
6. 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.
7. 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.
UTILITIES
COA
04/25/06
2
DEPARTMENTS
INCLUDE REJECT
Comments:
8. At the time of permitting, please provide a timeline that clearly illustrates X
when water and sewer services will be required to serve the proposed
project. Your starting date for the timeline should be the date of City
Commission approval. Also provide milestone dates for permit application,
the start of construction, and the setting of the first water meter. This
time line will be used to determine the adequacy of water and wastewater
treatment capacity for your project upon the project's completion, so please
be as accurate as possible.
9. At the time of permitting, all utility easements and utility lines shall be X
shown on the site plan and landscape plans (as well as the Paving &
Drainage Plan Sheets (Sheets C-3 & C-4) and the Water & Sewer Plan
Sheets (Sheets C-5 & C-6)) 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.
10. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this protect (CODE, Section 26-12).
11. 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)).
12. 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.
13. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please show all proposed easements on
the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated in
CODE Sec. 26-33(a).
14. 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
COA
04/25106
3
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setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
15. A building pennit 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.
16. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
FIRE
Comments: None X
on __
POLICE
-~------'--~-'-----'-'----
Comments: None X
BUILDING DIVISION
Comments:
17. Indicate within the site data the occupancy type of each building as defined X
in 2004 FBC, Chapter 3. This development shall be classified as R-2
occupancy per Florida Building Code, Section 310.
18. 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.
19. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
20. Add to all plan view drawings of the site a labeled symbol that represents X
the location and perimeter of the limits of construction proposed with the
subject request.
21. At time of permit review, submit signed and sealed working drawings of the X
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proposed construction.
22. 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 specificationsto the site -
data that address the following issues:
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.
23. To properly determine the impact fees that will be assessed for the one-story X
clubhouse, provide the following:
. Will the clubhouse 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 clubhouse?
. 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 clubhouse.
24. 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.
25. 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.
26. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
a If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
a The number of dwelling units in each building.
a The number of bedrooms in each dwelling unit.
a 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)
27. At time of building permit application, submit verification that the City of X
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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)) -
28. 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
reVlew 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.
29. 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 narne of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
30. Show the proposed site lighting on the site and landscape plans. (LDR, X
Chapter 4, Section 7.BA) If possible, provide photo metrics as part of your
TART plan submittals.
PARKS AND RECREA nON
Comments:
31. Park Impact Fee - 90 units @ $771.00 each = $69,390.00 to be paid prior to X
issuance of permit.
FORESTER/ENVIRONMENT ALIST
Comments:
32. The Landscape Architect should tabulate the total diameter inches of X
existing 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 I of I (Chapter 7.5, Article I Sec. 7.D.p.
2.).
-
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33. The landscape sheet should include a shade tree planting detail. This detail X
should including a line indicating where the diameter and height of all of
the trees will be measured at time of planting and inspection.
34. The landscape sheet should include a palm tree planting detail. This detail X
should include a line indicating where the clear trunk, gray wood and height
of all of the palm trees will be measured at time of planting and inspection.
35. The landscape sheet should include a shrub and groundcover planting X
detail. This detail should include a line indicating where the height and
spread of the shrubs and groundcover plants will be measured at time of
planting and inspection.
36. All shrubs, accents and groundcover plants should have a height and spread X
dimension.
37. The applicant should add a note that all utility boxes or structures (not X
currently known or shown on the plan) should be screened with Coco plum
hedge plants on three sides.
.
38. The speCles of trees, shrubs, and groundcover vegetation should be X
identified for the site perimeter landscape buffers.
39. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings from the
Lawrence Road right-of-way.
PLANNING AND ZONING
Comments:
40. Approval of this project lS contingent upon the approval of the X
accompanying request for annexation (ANEX 06-003) and land use
amendment / rezoning (LUAR 06-004).
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41. The following excerpt is from Land Use Problems and Opportunities of the X
Comprehensive Plan: "Planning Area 6.C. Unincorporated Parcels
Adjoining Northwest Corner of the City (presently unincorporated). With
exception of the eight (8)-acre parcel adjacent to Hypoluxo (which is now
Grove Plaza), these parcels should be annexed and placed under the Low
Density Resicfentialland use category, in order to ensure compatibility with
existing and future residential land uses in the vicinity. Annexation of these
properties will square off the City's boundary and will allow the City to
control the use of these parcels. Development of these parcels should be
compatible with existing low-density single family dwellings in this area.
Development of the parcels that lie to the south of the above-mentioned
parcel should be limited to low-density single-family detached dwellings,
with a gross density of not more than three and one-half (3.5) units per
acre". Therefore, the proposed density of 9.63 acres is not considered low
density residential and would be inconsistent with the residential densities
of the surrounding properties. Staff is recommending denial of the request
for annexation, land use amendment / rezoning, and new site plan. Also,
the project proposes single-family attached dwellings but the above-
referenced policy recommends single-family detached dwellings. While
staff can make concessions to the type of dwelling units proposed (i.e. an
appropriate mix of single-family attached and detached), staff cannot
support the project density as proposed.
42. Correct the spelling of the street "Jonathan's Way" on sheet C-7. X
43. On the site plan (sheet I of 1), indicate the location of the mailboxes. X
44. The height of the front entry gates shall not exceed six (6) feet in height. X
45. 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.
46. The trees proposed around the townhouse buildings must be installed at X
least ~ the building height of the building (Chapter 7.5, Article II, Section
S.M.).
47. No sign material or color(s) were indicated. Therefore, staff recommends X
they be either back-lit or receive uplighting and of have colors that are
compatible with the colors of the development
48. Palm Tran bus route #71 uses Lawrence Road. Staff recommends X
coordinating with Palm Tran to install an upgraded bus shelter along
Lawrence Road.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
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Comments:
49. None X
-- ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
50. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
51. The applicant understands and agrees with Conditions of Approval #24
and #25 regarding the use of a non-potable water source for irrigation X
purposes.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Lawrence Rd. Project-Land Design South\NWSP 06-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Lawrence Road project (aka Pare Central)
APPLICANT'S AGENT: Mr. Brian Terry / Land Design South
APPLICANT: Vermac Properties 6, LLC
APPLICANT'S ADDRESS: 18999 Biscayne Boulevard, #102 Aventura, Florida 33180
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
2006
April 18, 2006 and May 2,
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 90 fee-simple townhouse
units on a 9.35-acre parcel in the PUD Planned Unit Development
zoning district
LOCATION OF PROPERTY: Northeast corner of Lawrence Road and 7151 Avenue South,
approximately 350 feet south of Hypoluxo Road (see Exhibit "A"-
Location Map)
DRAWING{S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S.\Pbnning\SHARED\WP\PROJECTS\Lawrence Rd Project-Land Design South\N\VSP 06-006\DOdoc
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.1
CITY OF BOYNTON BEACJ
AGENDA ITEM REQUEST FOR1VJ
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
jl.leeling Dales in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20,2006 (Noon.) 0 June 6, 2006 May J 5,2006 (Noon)
~ April J 8,2006 April 3, 2006 (Noon) 0 June 20, 200& June 5,2006 (Noon)
~ MaY2,~ April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 "AlO loU;- May 1,2006 (Noon) 0 July 18, 2006
May] 6,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing I2?J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation ,
0 City Manager's Report .,
RECOMMENDATION: Motion to amend Section 18-181 of the Boynton Beach Code of Ordinances tQ-~xpandthe
ire fighter Pension Board's investment authority by raising the cap on equity holdings; and amending Section I ~X:l to p?Jnit
mvestment in foreign securities, as permitted by state law. _, ,_
---- ---
EXPLANATION: As recommended by the Firefighter Pension Board's investment consultant, this ordinance' will'~~t
investment in up to 70% equity, with a maximum limit of 10% invested in foreign securities. The current aggregate
investment offund assets in equities shall not exceed 60% of the pension fund's assets.
i :1
PROGRAM IMPACT: The expanded ability to diversify the plan's investment portfolio is expected to improve the plan's
ability to increase investment performance, thereby decreasing reliance on employer contributions.
FISCAL IMPACT: N/A
IVES: Not to amend the existing investment limits
Fire Pension Plan
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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ORDINANCE NO. 06- 037
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
SECTION 18-181 OF THE BOYNTON BEACH CITY
CODE TO EXPAND THE FIREFIGHTER PENSION
BOARD'S INVESTMENT AUTHORITY BY RAISING
THE CAP ON EQUITY HOLDINGS; AMENDING
SECTION 18-181.1 TO PERMIT INVESTMENT IN
FOREIGN SECURITIES, AS PERMITTED BY STATE
LA W; REPEALING ANY ORDINANCE IN CONFIJCT;
PROVIDING A CONFLICTS CLAUSE, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Florida, presently has a retirement plan and
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trust for firefighters; and.
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WHEREAS, the Board of Trustees of the Firefighter Pension Trust Fund desires to
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expand the scope of permissible investments to include up to 70% equity, at cost; and
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WHEREAS, the Board of Trustees of the Firefighter Pension Trust Fund desires to
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expand the scope of permissible investments to pennit diversification into up to 10% foreign
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equities, at cost; and
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WHEREAS, these investments are authorized by Section 175.07], Florida Statutes, if
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adopted by municipal ordinance; and
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WHEREAS, the Board of Trustees' investment consultant has recommended the
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following changes; and
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WHEREAS, the City Commission finds that the passage of this Ordinance is in the
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interest of the firefighters and the citizens of the City of Boynton Beach.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being true
2 and correct and are incorporated herein by this reference.
Section 2. Section 18- 18 I is hereby amended as follows:
Sec.18-181. Investments.
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5 The investment powers and authority of the board of trustees of the municipal
6 firefighters pension trust fund shall be in accordance with Florida Statutes, Section 175.071,
7 provided, however:
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(a)
(3)
(4)
The aggregate investment of fund assets in:
(l)
Obligations of the United States obligations guaranteed as to principal
and interest by the government of the United States; and
County bonds containing a pledge of the full faith and credit of the
county involved, bonds ofthe division of bond finance ofthe department
of general services, or of any other state agency, which have approved as
to legal and fiscal sufficiency by the state board of administration; and
Obligations of any municipal authority issued pursuant to the laws of this
State; provided, however, that for each of the five (5) years next
preceding the date of investment the income of such authority available
for fixed charges shall have been not less than 1.5 times its average
annual fixed-charges requirement over the life of its obligations; and
Bonds or other certificates of indebtedness issued or guaranteed by a
corporation organized under the laws of the United States, any state or
(2)
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(c)
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organized territory of the United States or the District of Columbia; shall
not at cost exceed seventy (70) percent of the fund's assets; nor shall
more than ten (10) percent of the fund's assets be invested in the bonds or
other certificates of indebtedness of anyone issuing company; nor shall
the aggregate of such investment in anyone issuing company exceed
three (3) percent of the outstanding bonds or other certificates of
indebtedness of that company. Fund assets may be invested in investment
grade bonds with not greater than 10% of the fixed income portfolio to
hold an investment rating of Baa.
(b)
The aggregate investment of fund assets in the common stock or capital stock
issued by a corporation organized under the laws of the United States, any state,
or organized territory of the United States or District of Columbia shall not at
cost exceed sixty (60) seventy (70) per cent of the fund's assets; nor shall more
than five (5) per cent of the fund's assets be invested in common stock or capital
stock of anyone issuing company; nor shall the aggregate of such investment in
anyone issuing company exceed three (3) per cent of the outstanding bonds or
other certificates of indebtedness of that company.
The board of tmstees may retain in cash and keep unproductive of income such
amount of the fund as it may deem advisable, having regard for the cash
requirements of the fund.
J
(d)
The board of trustees may cause any investment in securities held by it to be
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registered in or transferred into its name as trustee or into the name of such
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nominee as it may direct or it may retain them unregistered and in form
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permitting transferability, but the books and records shall at all times show that
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all investments are part of the fund.
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Section 3.
Section 8- 181. I is hereby amended as follows:
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Sec. 18-181.1. Stocks not meeting specified quality criteria.
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Notwithstanding anything in Article VTII of this chapter to the contrary, the
10
board of trustees may cause up to ten (10) percent of the equity portion of the
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fireman's pension fund to be invested in stocks whose sole criteria shall be that
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they are listed on anyone (I) or more of the recognized national stock
I3
exchanges. Consistent with Section 175.071, Fla.Stat., the board oftrustees may
14
also invest up to ten percent (10%) of plan assets, at cost, in foreign securities.
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Subsequent amendments to Chapter 175, Fla.Stat, which expand the scope of
16
permissible investments shall be incorporated herein upon adoption by the
17
Florida Legislature.
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Section 4.
Each and every other Section of Chapter 18, not herein specifically
20 amended, shall remain in full force and effect as previously enacted.
21
Section 5.
All ordinances or parts of ordinances in conflict herewith be and the
22 same are hereby repealed.
4
.I
Section 6.
Should any section or provision of this ordinance or portion hereof, any
2 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
3 decision shall not affect the remainder of this ordinance.
4
Section 7.
Authority is hereby granted to codify said ordinance.
5
Section 8.
This ordinance shall become effective immediately upon passage.
6
FIRST READING this .lEt day of April, 2006.
SECOND, FINAL READING AND PASSAGE this _ day of May, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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32 S:\CA\Ordinances\Pension\Firefighte. Pen..<;ion Board In\' AUlhority_doc
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
5
. Statutes & Constitution :View Statutes :->2005->Ch0175->Section 071 : Online Sunshine
Page 1 of3
Select Year: 2005 IGol
The 2005 Florida Statutes
Title XII
MUNICIPALITIES
Chapter 175
FIREFIGHTER PENSIONS
View Entire Chapter
175.071 General powers and duties of board of trustees. --For any municipality, special fire control
district, chapter plan, local law municipality, local law special fire control district, or local law plan
under this chapter:
(1) The board of trustees may:
(a) Invest and reinvest the assets of the firefighters. pension trust fund in annuity and life insurance
contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits
to which all of the participants in the firefighters' pension trust fund shall be entitled under the
provisions of this chapter and pay the initial and subsequent premiums thereon.
(b) Invest and reinvest the assets of the firefighters' pension trust fund in:
1. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a
savings, building, and loan association insured by the Savings Association Insurance Fund which is
administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union
whose share accounts are insured by the National Credit Union Share Insurance Fund.
2. Obligations of the United States or obligations guaranteed as to principal and interest by the
government of the United States.
3. Bonds issued by the State of Israel.
4. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized
under the laws of the United States, any state or organized territory of the United States, or the District
of Columbia, provided:
a. The corporation is listed on anyone or more of the recognized national stock exchanges or on the
National Market System of the NASDAQ Stock Market and, in the case of bonds only, holds a rating in one
of the three highest classifications by a major rating service; and
b. The board of trustees shall not invest more than 5 percent of its assets in the common stock or
capital stock of anyone issuing company, nor shall the aggregate investment in anyone issuing company
exceed 5 percent of the outstanding capital stock of that company or the aggregate of its investments
under this subparagraph at cost exceed 50 percent of the assets of the fund.
httn'//"",,,,, 11"0 "btp flll,,/<::btlltp<:/indpv rfrn? Ann m...rlp=ni"nh,,<::t~tJltpRr<::p~rrh .<::trino
~/7Rnnnf)
St~tutes & Constitution: View Statutes :->2005->ChOJ 75->Scction 071 : Online Sunshine
Page 2 of 3
This paragraph shaH apply to all boards of trustees and participants. However, in the event that a
municipality or special fire control district has a duly enacted pension plan pursuant to, and in
compliance with, s. lI5.35J, and the trustees thereof desire to vary the investment procedures herein,
_~~e_ tr~_~~2._~such_!:>.~an sha_~.9ues~-",ari~~~~the ~~~estm_ent procedures as outlined herein only
through a municipal ordinance, special act of the Legislature, or resolution by the governing body of the
--- ---_._.~----_._~-~-
special fire control district; where a special act, or a municipality by ordinance adopted prior to July 1,
1998, permits a greater than 50-percent equity investment, such municipality shall not be required to
comply with the aggregate equity investment provisions of this paragraph. Notwithstanding any other
provision of law to the contrary, nothing in this section may be construed to take away any preexisting
legal authority to make equity investments that exceed the requirements of this paragraph. The board
of trustees may invest up to 10 percent of plan assets in foreign securities.
(c) Issue drafts upon the firefighters' pension trust fund pursuant to this act and rules and regulations
prescribed by the board of trustees. All such drafts shall be consecutively numbered, be signed by the
chair and secretary, and state upon their faces the purpose for which the drafts are drawn. The
treasurer or depository of each municipality or special fire control district shall retain such drafts when
paid, as permanent vouchers for disbursements made, and no money shaH be otherwise drawn from the
fund.
(d) Convert into cash any securities of the fund.
(e) Keep a complete record of all receipts and disbursements and of the board's acts and proceedings.
(2) Any and all acts and decisions shall be effectuated by vote of a majority of the members of the
board; however, no trustee shall take part in any action in connection with the trustee's own
participation in the fund, and no unfair discrimination shall be shown to any individual firefighter
participating in the fund.
(3) The board's action on all claims for retirement under this act shall be final, provided, however, that
the rules and regulations of the board have been complied with.
(4) The secretary of the board of trustees shall keep a record of all persons receiving retirement
payments under the provisions of this chapter, in which shall be noted the time when the pension is
allowed and when the pension shall cease to be paid. In this record, the secretary shall keep a list of all
firefighters employed by the municipality or special fire control district. The record shall show the
name, address, and time of employment of such firefighters and when they cease to be employed by the
municipality or special fire control district.
(5) The sole and exclusive administration of, and the responsibilities for, the proper operation of the
firefighters' pension trust fund and for making effective the provisions of this chapter are vested in the
board of trustees; however, nothing herein shall empower a board of trustees to amend the provisions of
a retirement plan without the approval of the municipality or special fire control district. The board of
trustees shall keep in convenient form such data as shall be necessary for an actuarial valuation of the
1"1t-y.,,.II'I"'''''''''''' 1,....,.y ,.f,.I-,_ fl ._>~/C1"'nJ_.4-
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. Statutes & Constitution :View Statutes :->2005->Ch0175->Section 071 : Online Sunshine
Page 3 of3
firefighters' pension trust fund and for checking the actual experience of the fund.
(6)(a) At least once every 3 years, the board of trustees shall retain a professionally qualified
independent consultant who shall evaluate the performance of any existing professional money manager
and shall make recommendations to the board of trustees regarding the selection of money managers for
the next investment term. These recommendations shall be considered by the board of trustees at its
next regularly scheduled meeting. The date, time, place, and subject of this meeting shall be advertised
in the same manner as for any meeting of the board.
(b) For purposes of this subsection, the term "professionally qualified independent consultant" means a
consultant who, based on education and experience, is professionally qualified to evaluate the
performance of professional money managers, and who, at a minimum:
1. Provides his or her services on a flat-fee basis.
2. Is not associated in any manner with the money manager for the pension fund.
3. Makes calculations according to the American Banking Institute method of calculating time-weighted
rates of return. All calculations must be made net of fees.
4. Has 3 or more years of experience working in the public sector.
(7) To assist the board in meeting its responsibilities under this chapter, the board, if it so elects, may:
(a) Employ independent legal counsel at the pension fund's expense.
(b) Employ an independent actuary, as defined in s. 175.032(7), at the pension fund's expense.
(c) Employ such independent professional, technical, or other advisers as it deems necessary at the
pension fund's expense.
If the board chooses to use the municipality's or special district's legal counselor actuary, or chooses to
use any of the municipality's or special district's other professional, technical, or other advisers, it must
do so only under terms and conditions acceptable to the board.
History.--s. 1, ch. 63-249; s. 1, ch. 65-365; ss. 22,35, ch. 69-106; s. 3, ch. 81-168; s. 4, ch. 86-41; s. 16,
ch. 93-193; s. 920, ch. 95-147; s. 1, ch. 98-134; s. 66, ch. 99-2; s. 17, ch. 99-392; s. 27, ch. 2000-151.
Copyright (0 1995- ZOOS The Florida Legislature. Privacy Statement. Contact Us
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7, SEGAL
THE SEG/\L COMP,4,NY
2018 Powers Ferry Road. Suite 850 Atlanta, GA 30339-5003
r (i7[j JOr:, :1100 F (,,78 3063190 wwwsegalco.mm
April 7, 2006
Mr. Bill Mummert
Director of Financial Services
City of Boynton Beach
] 00 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Review of Proposed Firefighter Pension Plan Changes to Section 18-181
lnvestments
Dear Bill:
The following summarizes our review of the above changes.
Proposed changes:
The proposed changes are twofold. The first would modify Section 18- 181 (b) to allow the Board
to invest up to 70% of fund assets at cost in equities. The second change would expand Section
] 8- 18 I. I to aHow the Board to invest up to 10% of plan assets at cost from the equity allocation
in foreign securities.
Impact on plan funding:
This will have no immediate impact on required city contributions. The added flexibility given to
the plan's investment advisors may, over time, improve the investment return of the plan. There
can be an element of increased volatility in investment returns with a higher allocation to
equities. However, the addition of foreign investment opportunities may counter some of that
volatility by increased diversification.
Please feel free to contact me at 678-306-31 19 to discuss any of the above items.
Sincerely,
-?Y?
Leon F. (Rocky) Joyner, Jr.
Vice President
LFJ/jh
136435/07011.001
Benefits, Compensation and HR Consulting ATLANTA BOSTON CALGARY CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES
MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX PRINCETON RALEIGH SAN FRANCISCO TORONTO WASHINGTON, DC
Multinational Group of Actuaries and Consultants BARCELONA BRUSSELS DUBliN GlcNEVA HAMBURG JOHANNESBURG lONDON MELBOURNE
MEXICO CITY OSLO PARIS
XII. - LEGAL - 1st Reading
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
cgj May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May] 6,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing cgj Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Adoption of Ordinance to conform Charter language to previously approved compensation
increases.
EXPLANATION: In November 2004 the City Commission approved a salary increase to bring Commission
compensation in fine with other municipalities. The Commission's approval was not codified at that time. The proposed
Ordinance authorizes codification of the approved increases and will allow for revision of the Charter section to reflect the
actual procedure for annual compensation adjustments for inflation. Commission salaries have been adjusted on numerous
occasions since 1974 when Home Rule took effect. Attached is a copy of an Attorney General Opinion which explains how a
provision of Charter can be amended by Ordinance.
PROGRAM IMPACT: Clarification of language of Charter.
FISCAL IMPACT: None. Increases for this fiscal year were approved when the 2005/2006 budget was adopted.
Future year increases will be approved annually in conjunction with the each fiscal years budget approval.
ALTERNATIVES:
None.
~C~M 'S'
tty anager sIgnature
Department Head's Signature
'\<-=-
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1
2 ORDINANCE NO. 06-
3
4 AN ORDINANCE OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, AMENDING SECTION 55.
6 OF THE CITY CHARTER "COMPENSATION
7 OF MAYOR AND COMMISSION", TO
8 CONFORM THE CHARTER PROVISION TO
9 PREVIOUS COMMISSION ACTION WHICH
1 0 IMPLIMENTED ANNUAL ADJUSTMENT OF
11 COMPENSATION FOR INFLATION;
12 PROVIDING FOR SEVERABILITY,
13 CONFLICTS, CODIFICATION, AN EFFECTIVE
14 DATE.
15
16 WHEREAS, on November 16, 2004, the City Commission approved an increase in
17 commission compensation of $6,000.00 and the annual adjustment of mayor/commissioner
18 compensation to offset inflation, effective April 1, 2005. The Commission thereafter
19 appropriated funds for the adjustment and approved the appropriation for salary adjustment
20 when the Commission approved the City's 2005-06 annual budget; and,
21 WHEREAS, codification of the annual adjustment for inflation will conform the
22 charter language to reflect the actual process.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA:
25
Section 1.
That the foregoing "WHEREAS" clauses are true and correct and
26 hereby ratified and confirmed by the City Commission.
27
Section 2.
That Sec. 55 of the Charter of the City of Boynton Beach, be, and the
28 same is hereby amended by adding the words and figures in underlined type, and by deleting
29 the words and figures in struck through type as follows:
30
S:\CA \Ordjnances\Commis~jOILSa]'EL!ll<;reasc 2 OOSj).420Q!i<.!Q<;( -,I x 't'HHlC'Hls'md SdHHj's'ien aral\!'''>8HS<'t\m~sd €mpHHll:- I"!erne!
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Sec. 55. Compensation of Mayor and Commission
Each member of the City Commission including the member who serves as Mayor
shall receive salaries as follows:
(a) Effective October I, 2003ApriJ I, 2005 , the Mayor shall receive an annual
salary of $] 2,000 18,000, paid in equal monthly instaJlments;
(b) Effective October I, 2003April I, 2005, City Commission members,
excluding the Mayor, shall receive an annual salary of $9,000 15,000
annually, paid in equal monthly instaJlments.
c The com ensation of the ma or and the commissioners shall be ad.usted
annual in April in each year to reflect increases in the consumer price index;-
Section 3.
Each and every other provision of the Code of Ordinances and the
17
Charter of the City of Boynton Beach not herein specifically amended shall remain in fuJl
18
force and effect as previously enacted.
19
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
20 same are hereby repealed.
Section 5.
Should any section or provision of this ordinance or portion hereof,
22 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
23 invalid, such decision shaJl not affect the remainder of this ordinance.
24
25
26
27
28
29
Section 6.
Authority is hereby granted to codify this amendment.
Section 7.
This ordinance is effective nunc pro tunc to April I, 2005.
FIRST READING this _ day of
, 2006.
S:\CA \Ordinances\Commission Salary Increase 2005 042006.docC:' Documents and Settings\lffffif3l'local Sctiin;CTcmf:orary Internet
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SECOND, FINAL READING AND PASSAGE this ._~ day of.m____ ,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
-------------------~----_.~_._-----_._--- - -_._--_.,---~-
Commissioner
Commissioner
ATTEST:
-----------------------------.------- --'---'---
Commissioner
City Clerk
S:\CA \Ordinances\Commission Salary Increase 200S 042006.doc(.''.~A''-.HfHeHb-af14TSeHiHgs\kn'itffij',LH€al S;;t+;ngs\l emjWral')' Interne I
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM 0.1
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
rgj May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF rgj 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: Approve a resolution authorizing a temporary increase in the City Manager's purchasing authority
for expenditures for disaster related recovery expenses or purchases to $200,000.00 for a period of ninety (90) days after a
declared emergency per item #9 on the City Manager's Follow-up Report on Hurricane Wilma dated February 22, 2006.
EXPLANATION: Based on the extensive damages incurred to City property following Hurricane Wihna and the subsequent
need to procure products and services to assist in the recovery effort, it was apparent that the City Manager's purchasing
authority of $25,000.00 for nonconstruction purchases and $75,000.00 for construction projects was not suffIcient to allow for
emergency purchasing needs following a declared emergency. While the City Commission did approve an increase in the
City Manager's purchasing authority to $100,000.00 for a limited time immediately following the storm, this did not provide
the flexibility to deal with larger facility damages and repairs that resulted from Hurricane Wilma. Current City purchasing
policies require competitive bids for all purchases that exceed the above thresholds as well as Commission approval. Three
written quotes are required for purchases over $2,000 but below the $25,000.00/$75,000.00 thresholds and City Manager
approval is required for purchases greater than $10,000.00 which fall below the $25,000.00/$75,000.00 thresholds.
PROGRAM IMPACT: Purchases up to $200,000.00 would require three written quotes, at a minimum, and City Manager
approval. Every effort would be made to utilize competitive bidding by piggybacking existing state contracts or contracts
with other governmental entities. All purchases of$25,000.00 - $200,000.00 will be presented to the City Commission in a
written report on the earliest agenda date.
FISCAL IMPACT: NONE
AL TERN A T YES: Maintain the current bid thresholds during a declared emergency, which would potentially slow the
recovery proces as purchases in exces of the $25,000.00/$75,000.00 threshold,.,. re competitively bid and await Commission
approval.
Financial Services
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
RESOLUTION NO. R06-
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH INCREASING THE CITY MANAGER'S
AUTHORIZATION FOR EXPENDITURES FOR DISASTER
RELATED RECOVERY EXPENSES OR PURCHASES TO
$200,000.00 FOR A PERIOD OF NINETY (90) DAYS AFTER A
DECLARED EMERGENCY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission has determined that it is in the best interest of public
health, safety and welfare to increase the City Manager's purchasing authority for disaster relief
expenditures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference
Section 2. The City Manager is hereby authorized to make purchases necessary in a
declared emergency for relief efforts up to $200,000.00 without the approval of the City
Commission, but subject to subsequent ratification.
Section 3. The City Manager's purchasing authority, as amended by this Resolution, is
for a period of ninety (90) days after a declared emergency, unless further extended by the City
Commission.
Section 4.
above.
This Resolution is effective immediately on adoption for the term stated
PASSED AND ADOPTED this
day of
, 2006.
CITY OF BOYNTON BEACH
Mayor
Vice Mayor
Commissioner
ATfEST:
Commissioner
City Clerk
Co,mmissioner
The City of Boynton Beach
OFFICE OF THE CITY MANAGER
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011 e-mail: city.manager@ci.boynton-beach.fl.us
To: Mayor Taylor
Vice-Mayor McKoy
Commissioner McCray
Commissioner Ferguson
Commissioner Ensler
From: Kurt Bressner, City Manager
Date: February 22, 2006
Subject: 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 HurricaneWilma 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 of the City east of 1-95 and the other in the SW
Quadrant of the City west of 1-95. 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. Staff will 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 CERT
and COP volunteers along with church organizations. We also should continue making small generators
available to church-based food kitchens. We did so for S1. 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 qenerator of sufficient size to operate City Hall in the post recovery period and work with FPL 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 of a convener 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 Emerqency 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 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 of time,
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. Providinq an alternate place for the City's Communication (dispatch) to operate durinq 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 2006.0therwise, 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 siqnals 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
'1
"-
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 Qas 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 should lobby for passage.
9. Authorize the City Manaqer purchase authority for UP to $200,000 in a declared emerQency 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 qenerators 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 if the Florida
Statute covers this as a criminal act. There are provisions in the state law that prohibits 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 CERT 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 larqer homeowner associations to help them develop their own emerQency operatinQ plans,
especially where there is maior property damaQe. 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 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.
3
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. CML T
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XII. - LEGAL
ITEM E.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April 18,2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
I:8J May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May], 2006 (Noon) D July 1 8,2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing I:8J Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
Approval of proposed settlement for the property owned by Hester Taylor.
EXPLANATION:
Through negotiations we have been able to reach a proposed settlement which
would require the City to pay $43,300.00 including costs and attorney fees for
this parcel. The details of the settlement are set forth in the attached Consent
Final Judgment as to parcel No.1.
PROGRAM IMPACT:
This property is the final parcel for the Wilson Center Expansion. The City obtained title
to the property in January, 2006, through the eminent domain process.
FISCAL IMPACT:
$43,300.00, inclusive of any and all claims for compensation, attorney fees,
costs, interest. Fu ... C>~ ~ e. \ p '3vo9-€*" . ~.s
ALTERNATIVES:
Reject settlement and go to trial.
~
City Manager's Signature
::v--
Department Head's Signature
City Attorney
Department Name
City Attorney 1 Finance 1 Human Resources
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
0110
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA {PRN A TE }
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502005 CA 008724 XXXX MB AF
Petitioner,
vs.
HESTER LESTER a/k/a HESTER L
TAYLOR, DON GORDON,
DARNELL M. TAYLOR,
DOLLIE KING, EQUICREDIT CORP.
OF AMERICA, BANK OF AMERICA
ILLINOIS, AS TRUSTEE, and JOHN K.
CLARK, TAX COLLECTOR, PALM BEACH
COUNTY, FLORIDA,
Respondents.
/
JOINT STIPULATION FOR ENTRY OF
CONSENT FINAL JUDGMENT
Petitioner and Respondents, HESTER LESTER a/k/a HESTER L. TAYLOR and
DARNELL M. TAYLOR, by and through their undersigned counsel hereby stipulate and agree to
entry ofthe Consent Final Judgment, a copy of which is attached hereto as Exhibit "A."
BY:
Kerry L. Ezral, Esquire
Florida Bar No.: 615900
Attorneys for the City of Boynton Beach
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Telephone: 954-771-4500
Facsimile: 954-771-4923
BY:
Robert B. Cook, Esquire
Florida Bar No.: 131356
Attorney for Hester Lester a/k/a Hester L.
Taylor and Darnell M. Taylor
P.O. Box 3609
Tequesta, FL 33469
Telephone: 561-627-8766
Facsimile: 561-746-1838
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA{PRIV ATE}
CITY OF BOYNTON BEACH,
a Florida municipal corporation,
CASE NO. 502005 CA 008724 XXXX MB AF
Petitioner,
vs.
HESTER LESTER aIkIa HESTER L.
TAYLOR, DON GORDON,
DARNELLM. TAYLOR,
DOLLIE KING, EQUICREDIT CORP.
OF AMERICA, BANK OF AMERICA
ILLINOIS, AS TRUSTEE, and JOHN K.
CLARK, TAX COLLECTOR, PALM BEACH
COUNTY, FLORIDA,
Respondents.
/
CONSENT FINAL JUDGMENT AS TO PARCEL NO.1
THIS CAUSE came before the Court upon the Joint Stipulation for Entry of Consent Final
Judgment, and the Court being fully advised in the premises, it is thereupon
ORDERED AND ADJUDGED that:
1. The Joint Stipulation for Entry of Consent Final Judgment is hereby Granted.
2. An accurate description of the property taken herein is:
Lots 506 and 507, of Cherry Hills, according to the plat thereof as recorded in Plat Book
4, Page 58, ofthe Public Records of Palm Beach County, Florida.
3. For the Property described above, full compensation to be made therefore is the sum
of $43,300.00, inclusive of any and all claims of compensation, interest, attorneys' fees and costs.
4. The Petitioner has previously deposited into the Registry of the Court, the sum of
$25,000.00. The Petitioner shall pay the additional sum of $15,300.00 to HESTER L. TAYLOR
and deliver said check to Robert B. Cook, Esquire within twenty (20) days after entry of this
Judgment and Respondents, shall have been compensated in full. The Petitioner shall pay to Robert
Cook, Esquire the Sum of$3,000.00 within twenty (20) days after entry ofthis Judgment.
5. The Order of Taking respecting the said parcel is hereby ratified, approved and
confirmed and title to Parcel No. I remains vested in the Petitioner.
DONE AND ORDERED in Chambers, West Palm Beach, Palm Beach County, Florida,
this _ day of April 2006.
CIRCUIT JUDGE
Copies furnished:
Kerry L. Ezrol, Esquire, Goren, Cherof, Doody & Ezrol, P.A., 3099 East Commercial Blvd.,
Suite 200, Fort Lauderdale, FL 33308
Robert B. Cook, Esquire, P.O. Box 3609, Tequesta, FL 33469
C:\Documents and Setlings\ferraral\Local Setlings\Temporary Internet Files\OLK] F\CONSENT FJ.doc